Bribery Act & Proceeds of Crime - Written by Barry & Richard on Monday, July 18, 2011 0:38 - 2 Comments
News International: Bribery Act irrelevant
Just days after a shiny new Bribery Act enters into force come allegations of an original internal investigation which was lacking, police corruption, a drop in stock price, a pulled deal, a business closed down, numerous arrests and a slew of resignations including the UK’s top police officer.
All under the full glare of the media spotlight.
This is the story of the unfolding crisis so far which, unlike the now defunct News of the World, will run and run.
But the Bribery Act is unlikely to feature in the ongoing investigations.
Section 19 of the Bribery Act sets out the transitional provisions relating to the new Act and Sections 19(5) and 19(6) set out the position:
“(5) This Act does not affect any liability, investigation, legal proceeding or penalty for or in respect of—
(a) a common law offence mentioned in subsection (1) of section 17 which is committed wholly or partly before the coming into force of that subsection in relation to such an offence, or
(b) an offence under the Public Bodies Corrupt Practices Act 1889 or the Prevention of Corruption Act 1906 committed wholly or partly before the coming into force of the repeal of the Act by Schedule 2 to this Act.
(6) For the purposes of subsection (5) an offence is partly committed before a particular time if any act or omission which forms part of the offence takes place before that time.”
The timing of the allegations predates the entry into force of the Bribery Act and as a result Operation Elvedon (the investigation into improper payments made to police officers) is being conducted against a backdrop of the old law. A point made clear in the Metropolitan Police statements issued in connect with the arrest of both Rebekah Brooks and Andy Coulson which state the arrests were made in connection with:
“suspicion of conspiring to intercept communications, contrary to Section1(1) Criminal Law Act 1977 and on suspicion of corruption allegations contrary to Section 1 of the Prevention of Corruption Act 1906″.
Don’t throw out the old text books just yet…