The question whether an organisation had adequate procedures in place to prevent bribery in the context of a particular prosecution is a matter that can only be resolved by the courts taking into account the particular facts and circumstances of the case. The availability of bribery defences needs the involvement of experienced and good criminal solicitors working with the best of barristers to make sure the correct steps are taken to prepare your case at an early time as the correct decisions need to be taken.
The onus remains on the organisation, in any case where it seeks to rely on the defence, to prove that it had adequate procedures in place to prevent bribery. To make sure your case is prepared adequately you should let us get involved at the earliest opportunity and not rely on luck. The investment in our services will be money well spent.
Just because there are departures from your suggested procedures contained within your guidance will not of itself give rise to a presumption that your organisation does not have adequate procedures. On the other hand it is essential a decision is taken with proper advice as early as possible in case a different approach needs to be adopted to minimise the potential risks.
If your organisation is small or medium sized the application of the principles is likely to suggest procedures that are different from those that may be right for a large multinational organisation. The guidance suggests certain procedures, but they may not all be applicable to your circumstances. Sometimes, you may have alternatives in place that are also adequate. Procedures should be proportionate to the risks faced by an organisation. Do not expect investigators to help you to put your case properly or to question you on the basis other than expecting your organisation to have the perfect system to be expected of the largest of international organisations.