Bribery in Scotland - Lords Committee to question criminal law expert
Is the Bribery Act sufficiently clear as to the jurisdiction of the courts in the different parts of the United Kingdom? Do you think there is sufficient funding to deal with Scottish bribery cases? What improvements could be made to the system in Scotland? What can England and Wales learn from Scotland in deterring and dealing with bribery?
The House of Lords Bribery Act 2010 Committee will hear evidence from the Criminal Law Committee of the Law Society of Scotland about the effectiveness of the Bribery Act 2010 in Scotland, compared with England and Wales. The session will take place on Tuesday 9 October.
The inquiry is tasked with examining: the effectiveness of the Bribery Act 2010; whether there has been stricter prosecution of corrupt conduct, a higher conviction rate, and a reduction of such conduct; the impact of the Act on SMEs; and the use of Deferred Prosecution Agreements in relation to bribery offences.
Giving evidence to the Committee at 11.30am on Tuesday 9 October will be:
- Gillian Mawdsley, Secretary, Criminal Law Committee of the Law Society of Scotland
Questions are likely to include:
- The Ministry of Justice Guidance makes only passing reference to the fact that Scotland is a separate jurisdiction. Should the Guidance make more specific reference to Scotland?
- In the other UK jurisdictions, prosecutions require the authority of the Director of Public Prosecutions or the Director of the Serious Fraud Office. Are decisions on prosecutions in Scotland taken at a sufficiently high level?
- Is there sufficient funding to deal with bribery case in Scotland, and should further funds be made available for individual major investigations?
- Is there scope for improving communication between the law enforcement authorities of England and Wales and those of Scotland? What improvements could be made?
The evidence session will start at 11.30am in Committee Room 4.
