On 13th July, McCann Fitzgerald published an article saying that the new Act, as well as updating the existing bribery offences, provides for several new corruption offences.  Perhaps most significantly it also provides that, in certain circumstances, bodies corporate will be held liable for corruption offences committed by their staff, agents or subsidiaries, where they failed to take reasonable steps to avoid the commission of the relevant offence.  The Criminal Justice (Corruption Offences) Act 2018 was signed into law on 5th June and is intended to modernise and consolidate the law on bribery and corruption.  New offences include active and passive trading in influence; corruption in office involving the use of confidential information; facilitating the commission of a corruption offence; and intimidation.  The article provides a summary of these new offences, as well as a background to the new Act.  Its main conclusion is that, from a corporate perspective, the most significant development is the introduction of the new “failure to supervise” type of offence, reminiscent of the offence of failing to prevent bribery set out in section 7 of the UK Bribery Act 2010.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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