24 March 2016

Historic cases of corrupting a 'foreign' agent are triable in England and Wales

Historic cases of corrupting a 'foreign' agent are triable in England and Wales

On 21 March 2016 the Supreme Court refused permission to appeal a decision of the Court of Appeal in R v Alstom and others. The effect of the ruling is that historic instances of corruption (ie. those which pre-date the Anti Terrorism Crime and Security Act 2001) involving a ‘foreign’ principal and agent may be prosecuted in England and Wales under the Prevention of Corruption Act 1906. It is not an ingredient of the corruption offence that the principal and agent were based in the United Kingdom.¬†Prosecutors will, however, need to prove that sufficient conduct occurred within the jurisdiction such as to render the allegation triable here.¬†Will Hays appeared for the Serious Fraud Office.

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