Prevention of Corruption Act 1906
{{Use dmy dates|date=January 2024}}
{{Infobox UK legislation
|short_title=Prevention of Corruption Act 1906This short title was conferred by section 4(1).
|parliament=Parliament of the United Kingdom
|long_title=An Act for the better Prevention of Corruption.
|statute_book_chapter=6 Edw.7 c.34
|introduced_by=
|territorial_extent=England and Wales, Scotland, Northern Ireland, Republic of Ireland
|royal_assent=4 August 1906
|commencement=1 January 1907
|repeal_date= 1 July 2011
|amendments=
|related_legislation=
|repealing_legislation= Bribery Act 2010 (UK)
Criminal Justice (Corruption Offences) Act 2018 (Ireland)
|status=Repealed
|original_text=
|use_new_UK-LEG=yes
|legislation_history=
}}
The Prevention of Corruption Act 1906 (6 Edw.7 c.34) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland (as it was then). It was the second of three pieces of legislation regarding corruption which after 1916 were collectively referred to as the Prevention of Corruption Acts 1889 to 1916.UK Legislation, [https://www.legislation.gov.uk/ukpga/Geo5/6-7/64/section/4/enacted Prevention of Corruption Act 1916, section 4(1)], as enacted, accessed 1 April 2021{{cite book | last1=Pinto QC| first1=Amanda | last2=Evans QC | first2=Martin | title=Corporate Criminal Liability | publisher=Sweet & Maxwell | publication-place=London | year=2021 | isbn=978-0-414-07528-3 | oclc=1130762863 | pages=12–018}} It was repealed by the Bribery Act 2010.
Section 1 made it an offence (formerly classified as a misdemeanour) subject to imprisonment up to 7 years:
- for an agent to obtain "any gift or consideration" as an inducement or reward for doing any act, or showing favour or disfavour to any person, in relation to his principal's affairs.
- for any person to give any gift or consideration to an agent to induce him to do an act in relation to his principal's affairs.
- for any person or agent to knowingly falsify receipts, accounts or other documents with the intent to deceive the principal.
The 2017-19 prosecutions of Peter Chapman,{{cite BAILII |litigants =R v Chapman |court=EWCA |division=Crim |year=2017 |num=557 |date=31 March 2017 |courtname=Court of Appeal |juris=England and Wales}} and of Alstom{{cite BAILII |litigants =R v Alstom Network UK Ltd |court=EWCA |division=Crim |year=2019 |num=1318 |date=23 July 2019 |courtname=Court of Appeal |juris=England and Wales}} and its company officers for conspiracy to corrupt in Lithuania may have been the last prosecutions for this offence.{{cite BAILII |litigants =R v Wikstrom |court=EWCA |division=Crim |year=2018 |num=1155 |date= |courtname=Court of Appeal |juris=England and Wales}} {{cite BAILII |litigants =R v Reynolds |court=EWCA |division=Crim |year=2019 |num=2145 |date= |courtname=Court of Appeal |juris=England and Wales}}
Agent and principal
An "agent" includes any person employed by or acting for another, and a "principal" includes an employer.The Prevention of Corruption Act 1906, section 1(2)
The "principal" is the person the agent is employed by or acting for.s.1(2)
Anyone working for the government counts as an agent.s.1(3)
A prosecution in England and Wales for an offence under this Act could not be instituted without the consent of the Attorney-General,s.2(1) who could discontinue an investigation that was working towards a prosecution under the Act.
See also
References
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External links
- {{UK-LEG|title=Prevention of Corruption Act 1906}}
- [http://www.irishstatutebook.ie/isbc/bps1906.html List of amendments to this Act in the Republic of Ireland], from the Irish Statute Book.
{{UK legislation}}
{{Authority control}}
Category:United Kingdom Acts of Parliament 1906
Category:Corruption in the United Kingdom
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