The Ministry of Justice is consulting on its guidance on the procedures that commercial organisations should put in place to prevent bribery being committed by those associated with them. Having adequate anti-bribery procedures will enable employers to rely on the statutory defence to a charge of failing to prevent bribery under the Bribery Act 2010. The consultation closes on 8 November 2010, with final guidance being published early next year ahead of the Act coming into force in April 2011.
The proposed guidance sets out 'six principles for bribery prevention', which the Government envisages will be used flexibly depending on the size of the organisation. It is important to note that whether procedures are adequate can only ever be determined by the particular circumstances of a case.