Bribery (Common Law)

Date produced: 5 July 2011
Title: Financial crime
Offence: Bribery
Legislation: Common law
Mode of Trial: Offences contrary to sections 1, 2 and 6 are triable either way, For non-individuals offences contrary to sections 1, 2, 6 and 7 are triable on indictment only
Statutory Limitations & Maximum Penalty: On indictment maximum for individual is 10 years.  Summary trial maximum 6 months and/or £5,000 fine. For non-individuals maximum penalty a fine.
Sentencing range: Not applicable

Aggravating and Mitigating Factors

• The amount involved
• The use to which money was put (spending on luxuries more venal than on necessities)
• Breach of position trust, such as by employee, director or trustee
• Elderly or vulnerable victim
• Extent of loss - intended and actual
• Extent of gain - intended and actual
• The period over which and the persistence with which the fraud was carried out
• Guilty Plea
• Voluntary repayments
• Personal factors such as illness, disability, family difficulties, etc
  

Relevant sentencing Guidelines

None

Relevant Sentencing Case Law

Guideline remarks (in the particular context of foreign trade) were given in the case of  R v Dougall [2010] EWCA Crim 1048 2011 Cr App R (S) 37 which illustrate the seriousness of offences of bribery and corruption:
"Corruption is an insidious plague that has a wide range of corrosive effects on society.  It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organised crime, terrorism and other threats to human society to flourish" (Archbold paragraph 31 - 198)

Ancillary Orders

(Archbold paragraph references in brackets)

• Compensation Orders: (5-411)
• Deprivation Orders: (5-439)
• Disqualification from acting as a Company Director: (5-851)
• Financial Reporting Orders: (5-886)

Consider Also

• Confiscation
• All prosecutions require personal consent of the DPP
  

Links

Archbold 31-164 to 31-198