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, May 22, 2019 15:03

Dawn raids, searches & media enquiries our top 5 tips and what they have in common with fires.https://t.co/hIV96Jh1JM

Saturday, May 18, 2019 14:27

BBC News - Austria minister Heinz-Christian Strache resigns amid video scandal https://t.co/8OrgfB70J7

Sunday, May 12, 2019 18:41

Very sad to hear the news about Brian Walden. I loved Weekend World not so long ago I was interrogated by him for… https://t.co/4yYKXGjj7X

Sunday, May 12, 2019 7:14

Lottery winner hit with £6m bill over money laundering

https://t.co/bU0WtruNEh