Senior official or officer definition

View the related practice notes about Senior official or officer

The Bribery Act 2010—an introductory guide

The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and came into force on 1 July 2011. It is designed to provide an effective legal framework to tackle corruption in both the public and private sectors, modernising the UK’s anti-corruption legislation and replacing the Prevention of Corruption Acts 1889–1916. For detailed guidance on historic anti-corruption law, see Practice Notes: Corruption and common law bribery—pre-Bribery Act 2010 [Archived], Pre BA 2010 bribery and corruption—Practicalities [Archived] and Pre-Bribery Act 2010 corruption—sentence tracker.BA 2010 has major implications for any business that is incorporated or trades in the UK. It applies to bribery committed by it, or on its behalf, anywhere in the world.Offences under the Bribery Act 2010BA 2010 criminalises four distinct types of conduct (offences):•bribing another person•soliciting or accepting a bribe•bribing a foreign public official, and•(for a business only) failing to prevent briberyCommon to each of these offences are:•a (financial or other) advantage is given, promised or requested, and•there is improper performance of a function or activityBribing another personBA 2010 criminalises bribery by a person when that person, ‘A’, offers, promises or gives a financial or other advantage to another

Jurisdiction in respect of allegations of bribery

The nature of the offenceThis Practice Note explains the rules relating to the jurisdiction to try allegations of bribery under the Bribery Act 2010, which depends on the offence alleged.Jurisdiction to try allegations under the Bribery Act 2010 (BA 2010) depends on the offence alleged.Failure of a commercial organisation to prevent briberyIf an offence of failure of a commercial organisation to prevent bribery has been alleged:•it does not matter where any of the acts or omissions relied on took place, and•where no part of the alleged offence has occurred in the UK, proceedings for the offence may take place anywhere in the UK:◦in England, Wales and Northern Ireland proceedings may be brought in any court◦in Scotland, they may take place in any sheriff court district either: as the Lord Advocate decides; or in which the suspect is apprehended or is in custodyFor more information see Practice Note: Failing to prevent bribery.Bribing another person (active), being bribed (passive) or bribing a foreign public officialWhere an offence of bribing another person (active), being bribed (passive) or bribing a foreign public official has been alleged:•if part of the offence took place in any part of the UK, the offence can be tried in that part of the UK