23 June 2016. This date was by far one of the most tumultuous dates in recent British history which left legal professionals of all types asking one question: Now what? What happens to our laws? The short (and painfully obvious) answer is we don’t fully know. Yet. There are a number of clues, however.

In the case of the Bribery Act 2010, it is possible to get a clearer picture.  There is nothing in the actual statute itself that derives from the EU’s influence, as it came from the Organisation for Economic Co-operation and Development’s anti-corruption in 1997. The Act is more stringent than any similar legislation anywhere in the world and it seems unlikely that it will suddenly be watered down if Brexit proceeds per current expectations.

Stopping short of government intention to amend or repeal the Act, it will most likely remain as it is. Changes of such a large scale seem particularly unlikely in the current climate.

More importantly though, the question must also be applied to how investigations under the Act will be carried out. What effect would Brexit have on cross-border co-operation?

There is no blatant reason why any law enforcement agencies would change their policies towards cross-agency co-operation because of the vote or even on the activation of Article 50. In short, all of the nations involved benefit from their agencies sharing information. The UK has always been willing to do this and has applied the principle as much to non-EU states such as the USA and Australia as the EU itself.

Furthermore, the Directors of both the Serious Fraud Office and the National Crime Agency (the Director General in the latter case) have both been reported demonstrating their intention to keep communicating across borders, whether the UK leaves the EU or not. It is, quite simply, a good idea and good practice.

The most likely scenario is that cross-border co-operation continues just as it has, regardless of Brexit. That which remains the most uncertain is the future outcome of any proposals for new or expanded corruption laws.

If you would like to discuss the potential implications of Brexit for your business or get more information about The Bribery Act 2010, please get in touch.