- was the sticking plaster applied by ss 108–10 of the Anti-Terrorism, Crime and Security Act 2001.
- For some of the history see Law Commission Consultation Papers No 145 “Legislating the Criminal Code Corruption”, No 185 “Reforming Bribery” (2007) and Reports No 248 “Legislating the Criminal Code: Corruption” (1998) and No 313 “Reforming Bribery” (2008), Lord Slynn (Chair) Joint Committee on The Draft Corruption Bill 2003, and Viscount Colville (chair) Report of the Joint Committee on the Draft Bribery Bill 2009.
- Tesco Supermarkets Ltd v Nattrass [1972] AC 153. See eg Celia Wells, “Corporate Criminal Liability in England and Wales: Past, Present, and Future” in M Pieth (ed), Ius Gentium: Comparative Perspectives on Law and Justice (2011) vol 9, part 2, 91–112. A recent example of the application of this doctrine is R v St Regis Paper Co Ltd [2011] EWCA Crim 2527. The identification doctrine is the reason for the perceived necessity for the enactment of the Corporate Manslaughter and Corporate Homicide Act 2007.
- “Balfour Beatty Agrees to Pay £2.25m Over Allegations of Bribery in Egypt”, The Guardian, 7 October 2008.
- OECD Working Group on Bribery Annual Report 2007.
- The report will be published in March 2012.
- The successive reports are at www.oecd.org/document/28/0,3746,en_2649_37447_44583772_1_1_1_37447,00.html. The 2008 report, in the wake of the Corner House decision, was scathing.
- Bribery Act 2010 s 12.
- Code for Crown Prosecutors Part 4.5.
- M Bohlander, “Retrospective Reductions in the Severity of Substantive Criminal Law – The Lex Mitior Principle and the Impact of Scoppola v Italy No 2” [2011] Criminal Law Review 627.
- JM Perillo, “Abuse of Rights: A Pervasive Legal Concept” (1995–96) 27 Pacific Law Journal 37.
- SW Buell, “Good Faith and Law Evasion” (2011) 58 UCLA Law Review 611.
- Terrorist Asset-Freezing etc Act 2010 c 38 s18 creates an offence of circumventing the prohibitions of the preceding few sections.
- J Hall, “Nulla Poena Sine Lege” (1937) 47 Yale Law Journal 165.
- And see L Katz, Ill-Gotten Gains (University of Chicago Press, 1996).
- Knuller v DPP [1973] AC 435, 463.
- HLA Hart, The Concept of Law (Oxford University Press, 1961) 125.
- Road Traffic Act 1988 s 38. Police and Criminal Evidence Act 1984 s 67.
- HL Debates 9 December 2009, cols 1119–20.
- Bribery Act 2010 s 9.
- Ch 6, paras 108 et seq.
- Rightly or wrongly. R (on the application of Purdy) v Director of Public Prosecutions [2009] UKHL 45 gave rise to the Guidance in Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide, issued by The Director of Public Prosecutions in February 2010.
- Evidence to Colville Committee, 10 June 2009.
- Supra n 18.
- Consultation on Guidance about Commercial Organisations Preventing Bribery (section 9 of the Bribery Act 2010) (2011).
- Bribery Act 2010: Guidance about Commercial Organisations Preventing Bribery (Ministry of Justice 2011), hereinafter “the Guidance”.
- Ibid, paras 3 and 4.
- Ibid, p 20.
Law and Financial Markets Review
Volume 6, 2012 - Issue 2