ExpertMedium1 markMultiple Choice
ACCA · Question 41 · Syllabus H: Corporate fraudulent and criminal behaviour
Under the Bribery Act 2010, a commercial organisation commits an offence if it fails to prevent bribery. What is the only statutory defence available to the organisation?
Under the Bribery Act 2010, a commercial organisation commits an offence if it fails to prevent bribery. What is the only statutory defence available to the organisation?
Answer options:
A.
The bribery was committed by a low-level employee without management knowledge.
B.
The organisation had in place 'adequate procedures' designed to prevent bribery.
C.
The bribe was paid in a foreign jurisdiction where such payments are customary.
D.
The organisation reported the bribery to the authorities immediately upon discovery.
How to approach this question
Identify the specific defence to the corporate offence of failing to prevent bribery.
Full Answer
B.The organisation had in place 'adequate procedures' designed to prevent bribery.✓ Correct
The offence of a commercial organisation failing to prevent bribery (s.7 Bribery Act 2010) is a strict liability offence. The only defence is for the organisation to prove that it had 'adequate procedures' in place designed to prevent persons associated with it from undertaking such conduct.
Common mistakes
Believing that ignorance of the bribe by senior management is a valid defence.
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