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Thursday 27 October 2011

It wasn’t a thug, a rioter or a criminal.... it was a court clerk!

The first individual to be convicted under the new bribery legislation, Bribery Act 2010, was in fact court clerk, Munir Patel. Exposed by The Sun newspaper he was found to be arranging a bribe, where monetary sums would be exchanged for preventing a driving summons being entered onto the database.
Patel exploited his position as a clerk at Redbridge Magistrates Court, London by arranging the exchange of £500 in return for a speeding penalty not being inputted onto the system, preventing a summons to court occurring and so in effect ‘losing’ the penalty. The misconduct charge facing Patel stated that between 2009-2011 he gave advice to the public on how to avoid being summoned over similar matters. 
Patel is the first to be convicted under the new legislation, which received royal assent in April 2010. Before this Act Britain’s Bribery legislation had developed over 100 years and was contained in the Public Bodies Corrupt Practices Act 1889, Prevention of Corruption Act 1906 (amended 1916) and the Anti-Terrorism, Crime and Security Act 2007. In reference to the UKs bribery law, Jack Straw, the then Secretary of State for Justice and Anti-Corruption said ‘it is old and anachronistic.. its never been consolidated and contains inconsistencies...resulting in bribery law that is difficult to understand for the public and difficult to apply for prosecutors and courts’. 
Reform was needed and even more so after the 2006 collapse of the investigation into Al-Yamama arms deal between BAE system and the Saudi Arabia Government. A collapse which was blamed on these problematic bribery laws. Reports followed that criticised the failure to bring anti-bribery law in-line with international obligations under the Organisation for Economic Co-Operation and Development (OECD). This led the UK Government to ask the law commission to begin an investigation into modernising the bribery laws.
The new Bribery Act is intended to make it easier for enforcement agencies to bring successful prosecution. It has extended bribery to both the public and private sector and increases the range of offences available to the UK enforcement authorities. The penalty has also been lengthened, imprisonment increased from 7 to 10 years and there is an unlimited fine for individual/commercial offences. It has also enabled the UK to be brought in-line with international obligations. 
Patel was warned by Judge John Price that he could face immediate custody and this could be the maximum 10 years. Sentencing has been adjourned until 11 November and Patel has been bailed until this date. 

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