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Bribery Bill [HL]

Again, I am grateful for the intervention. It would be an evidential matter in the trial. Bearing in mind that the burden of proof is upon the company to show that it has adequate procedures, it would be a question of evidence in the case that the company had gone to the unit that I suggest and had obtained advice, and that it was relying on the advice that it had received. If that were the case, it would be quickly apparent whether any potential offence had been committed by the company, were the proceedings ever to be brought, if it could say in a letter to the prosecuting authority, "Well, we asked for advice, we got it and we followed it". I would imagine that, save in the most exceptional case, that would prevent a prosecution. I hope that that assists the noble Lord.