Discussion One
The Bribery Act in the UK has shown clear, strict liability based on the manner in which it has levied the strict measure on the firms for the failure to carry out prevention measures against the bribes given. This gesture is considered active bribery according to the UK constitution. The only defense in such cases is the company and they had to place adequate measures and processes used in the prevention of bribery among the employees linked to taking part in the bribery process. The Act is also based on three major offenses conducted by the companies in question. First, there is the aspect of general offenses that offer promises and give advantage of request. This offense is also linked to the agreement to receive the promise and the issues linked to accepting the advantage offered. The other offense lies with discrete offense of active bribery on a foreign public official in the country (Ferguson, 2018). Finally, there is the aspect of the new offense that lies with the commercialization of the organizations to prevent the act of bribery in pretense to retain and obtain the business.
There are a number of advantages linked to the Bribery Act in the UK. First, the Act puts the UK in line with the requirements by OECD. The Act is also important in that it tries to prevent bribery cases both among the private and public officials in the country. It offers the prevention mechanism of the bribery in a broader manner that covers other officials within and without the country. However, the Act is seen as have gone overboard to place the companies in the UK at a competitive disadvantage in the ever-shrinking global economy (Ferguson, 2018). It does not express the affirmative and exceptions in the defense cases by leaving the issue in the hands of the SFO.
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References
Ferguson, G. (2018). Global corruption: Law, theory & practice
Discussion Two
The Crime and Courts Act will be in practice based on how it articulates for the settlement agreement among the corporate offenders in the country. The legislation is made of the relevant assortment of the provisions in statutory that would apply but independence to the actual conduct of the offenders in the issue. It will also be good in practice because it will amalgamate the two previously antiquated statutes. This amalgamation gives the legislation a great effect that is extraterritorial. It will also bring the schemed approach on the deferred prosecution agreements for the organizations accused of any offense linked to bribery and corruption ( Abikoff, Wood & Huneke, 2016) . The scheme also affects the design of the conduct of the officers both before and after the commencement in the year 2014. It will also give the proper guidance in the process of the sentencing of the crimes in business. Such crimes include corporate fines and bribery to help keep in check the organizations and persons either sentenced or to be sentenced after the commencement of the Act.
The self-reporting in bribery cases is regarded as the process by which an organization has the responsibility to report to the law enforcers upon the identification of any offense within the business. It is in order based on the fact that explains the processes and principles used in reporting the offenses on bribery among the organizations ( Abikoff, Wood & Huneke, 2016) . The self-reporting aspect has an impact on the decisions made by the SFO to enter the DPA and also gives the timing and extent to which the co-operation is required in the overall process. It also goes ahead to describe the regime to be applied in the cases of bribery and actual decisions made on the process.
References
Abikoff, K.T; Wood, J.E; & Huneke, M. H. (2016). Anti-corruption Law and Compliance: Guide to FCPA and Beyond.
