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Criminal Defence Blog

Bribery: What Is It and What’s The Penalty?

Posted on: March 24th, 2015 by steve

 

 

Bribery: What is it and what’s the penalty?

 

Bribery can be defined as giving someone a financial or other advantage to encourage the person to act improperly or to reward them for having acted improperly.

 

The Bribery Act 2010 is the main legislation in this area of domestic law, but it is vital to understand that the legislation forbids companies based in the UK from using bribes to gain business anywhere in the world – even in places where these types of gestures are common.

 

Any company that has failed to prevent bribery will be guilty of both a criminal offence and a corporate offence.

 

This raises questions about what exactly a company can do in terms of building relationships, or thanking clients, without it being accused of bribery.

 

Guidance states that activities focused on establishing cordial relations or enhancing ability to present products or services is acceptable, if it is an established way of business. It is, however, very clear that the use of hospitality and other similar business expenditure can constitute a bribe.

 

While bribes are a normal part of business in some countries, a business based in the UK that enters into a bribe in another part of the world will be guilty of the offence under domestic law.

 

There are defences that a company can argue if they are charged with bribery. A common defence is that the organization has tried their best to prevent bribery – this will require evidence, not a simple assertion.

 

The penalty for bribery is up to 10 years in prison and an unlimited fine for individuals, and unlimited fines for companies.

 

If you are being investigated for, or charged with, bribery, it is important that you get experts on your side immediately. Call our dedicated team of criminal defence lawyers now on 01623 397200.

 

 

 

 

 

 

 

What is an Alcohol Abstinence and Monitoring Requirement?

Posted on: March 24th, 2015 by steve

What is an Alcohol Abstinence and Monitoring Requirement?

 

The Alcohol Abstinence and Monitoring Requirement (AAMR) is a power given to the courts in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 that allows them to order offenders to abstain from alcohol for a period of up to 120 days and to be regularly tested for compliance.

 

This is a tool designed to address issues of alcohol misuse, not alcohol dependency, which the courts have long been able to address via an Alcohol Treatment Requirement.

 

This move follows estimations that around 44% of all violent offences are committed by offenders under the influence of alcohol.

 

The approach is based on a model from South Dakota, USA but operated following UK legislation, and will operate on a pilot scheme initially from 31 July 2014.

 

The pilot aims to:

 

  • Test how widely an Alcohol Abstinence and Monitoring Requirement will be used within the Magistrates Court system;
  • Test compliance rates with the Requirement; and
  • Test the effectiveness of transdermal tags (ankle tags) in monitoring alcohol abstinence
  • Target between 100-150 offenders during its course

 

Alcohol Abstinence and Monitoring Requirements will be piloted in Croydon, Lambeth, Southwark and Sutton.

 

An AAMR will be available for the courts to impose as part of a Community Order or Suspended Sentence if all of the following criteria are met:

 

  • Consumption of alcohol must be an element of the offence or an associated offence, or a factor that contributed towards the offence being committed
  • The offender must not be dependent on alcohol
  • Probation staff must carry out pre-court screening, which will include alcohol screening
  • The court must not include an Alcohol Treatment Requirement, as these are for dependent drinkers only
  • There must be alcohol abstinence monitoring arrangements available in that area
  • The offence must have taken place in Southwark, Lambeth, Sutton or Croydon
  • The offender must reside in Southwark, Lambeth, Sutton or Croydon
  • The offender must have a fixed abode

 

If the offender fails to submit to monitoring, this will be a breach of the requirement and will be treated as a standard breach of the Community Order or Suspended Sentence.

 

An Alcohol Abstinence and Monitoring Requirement can be imposed for offences including drink driving, common assault, actual bodily harm, assault PC, criminal damage and theft.

 

If you are at risk of an Alcohol Abstinence and Monitoring Requirement and do not believe that this is a suitable penalty for you, call us now to discuss your case on 01623 397200.

 

 

 

Criminal Justice and Courts Act 2015 – Sentencing Changes

Posted on: March 24th, 2015 by steve

 

New sentencing measures to take effect on 13 April 2015

 

When the Criminal Justice and Courts Act 2015 takes effect next month, tougher sentencing measures, new criminal offences and a more balanced judicial review system will come into force.

 

Changes in the law will include:-

 

  • Increased prison terms for serious crimes such as certain terrorism offences and internet trolling;
  • Anyone who kills a police or prison officer in the line of duty faces spending the rest of their life behind bars; and
  • An end to the automatic release of those jailed for child rape and serious terrorism offences half-way through their prison sentence.

 

New offences coming into force include:-

 

  • Revenge pornography;
  • Causing serious injury by driving while disqualified; and
  • Remaining unlawfully at large following a recall from licence.

 

The Act also reduces the burden of the costs of courts on taxpayers by making criminals pay towards the cost of their court cases.

 

Another change is that reforms will be introduced which will balance the judicial review system so justice is done but unmerited, costly and time-wasting applications no longer stifle progress.

 

The Act received Royal Assent on 12 February and commencement orders have now been made.

 

If you are being charged with or investigated for a criminal offence, get the experts on your side by calling our team of criminal defence solicitors now on 01623 397200.