Joanne Kane
Joanne has a wide-ranging defence practice in criminal law. She has a particular interest in fraud and financial crime.
Joanne is a committee member of the Young Barristers' Committee and the Female Fraud Forum.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2013
Membership
- Young Bar Committee, Female Fraud Forum
Education
- University of Cambridge (MA Law), Kaplan Law School (BPTC)
2 Contributions by Joanne Kane
PRACTICE NOTES
UK Bribery Act 2010: Active and Passive Bribery, Foreign Public Officials: offences, territorial scope, corporate liability, defences, prosecution consent, DPAs and sentencing
The Bribery Act 2010 (BA 2010) criminalises:
offering or giving a bribe to another person (active bribery)
requesting, agreeing to receive, or accepting a bribe (passive bribery)
bribing a foreign public official
for a business or commercial organisation only, failing to prevent bribery
The purpose of this Practice Note is to present a general overview of the active and passive bribery offences in BA 2010, ss 1 and 2, together with the offence of bribing a foreign public official under BA 2010, s 6; in essence, the giving or receiving of bribes. It does not include a synopsis of the corporate offence of failing to prevent bribery, which is dealt with in Practice Note: Failure to prevent bribery—the offence. This Practice Note should be considered alongside Practice Note: The Bribery Act 2010—an introductory guide. BA 2010 came into force on 1 July 2011. Conduct occurring prior to commencement of BA 2010 is prosecuted under the previous law; see Practice Notes: Corruption and common law bribery—pre‑Bribery Act 2010 [Archived] and Pre BA 2010 bribery and corruption—Practicalities [Archived]. The offences are assessed by reference to an improper performance test...
Corporate Crime
PRACTICE NOTES
UK Bribery Act 2010: offences, corporate and senior officer liability, failure to prevent, extraterritorial reach, facilitation payments, penalties and the adequate procedures defence - practical guide for lawyers
The Bribery Act 2010 (BA 2010)
Enacted to secure the UK’s adherence to the Organisation for Economic Co-operation and Development’s (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the Bribery Act 2010 (BA 2010) delivers an effective framework to address corruption across public and private spheres, updating the UK’s anti-corruption regime and supplanting Prevention of Corruption Act 1906 and Prevention of Corruption Act 1916. BA 2010 carries significant consequences for any company incorporated in, or trading from, the UK. Its global reach covers bribery undertaken by a business, or by third parties acting for it, regardless of where in the world the conduct occurs...
Corporate Crime
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