thebriberyact.com

Facilitation payments

Print Friendly

SFO Guidance on Facilitation payments

The Bribery Act 2010 came into force on 1 July 2011.

A facilitation payment is a type of bribe and should be seen as such. A common example is where a government official is given money or goods to perform (or speed up the performance of) an existing duty. Facilitation payments were illegal before the Bribery Act came into force and they are illegal under the Bribery Act, regardless of their size or frequency.

Whether or not the SFO will prosecute in respect of a facilitation payment (or payments) will be governed by the Full Code Test in the Code for Crown Prosecutors and the Joint Prosecution Guidance of the Director of the SFO and the Director of Public Prosecutions on the Bribery Act 2010. Where relevant, the Joint Guidance on Corporate Prosecutions will also be applied.

If on the evidence there is a realistic prospect of conviction, the SFO will prosecute if it is in the public interest to do so. In appropriate cases the SFO may use its powers under proceeds of crime legislation as an alternative (or in addition) to prosecution; see the Attorney General’s guidance to prosecuting bodies on their asset recovery powers under the Proceeds of Crime Act 2002.

This statement of policy has immediate effect. It supersedes any statement of policy or practice on facilitation payments previously made by or on behalf of the SFO.

9 October 2012

 

Share Button

Brought to you by...

Barry Vitou &
Richard Kovalevsky Q.C.

The views expressed on this website are those of Barry Vitou & Richard Kovalevsky QC and/or our guest authors from time to time. Please see our terms of use

Our Tweets

Wednesday, August 14, 2019 18:15

Fraud victims misled and mocked as police fail to investigate

https://t.co/Asa77eML7k

Wednesday, August 14, 2019 18:04

Want to know about Account Freezing Orders? Read our alert published earlier this year. Prove It or Lose It! Part I… https://t.co/zRoLWJvIEA

Wednesday, August 14, 2019 18:01

NCA obtains 100million account freezing orders on Monday relating to bribery suspicions. That should get@someone’s… https://t.co/V6rIjpkeJt

Tuesday, August 13, 2019 14:52

Subsidised anti-bribery help from the UK Government for SME’s. Eyes wide open: strings attached! https://t.co/MPLGpc5Gvj