Bribery Act 2010—jurisdictional issues between Scotland and the rest of the UK
Produced in partnership with Tom Stocker of Pinsent Masons LLP
Bribery Act 2010—jurisdictional issues between Scotland and the rest of the UK

The following Corporate Crime guidance note Produced in partnership with Tom Stocker of Pinsent Masons LLP provides comprehensive and up to date legal information covering:

  • Bribery Act 2010—jurisdictional issues between Scotland and the rest of the UK
  • Bribery Act 2010—territorial application
  • Jurisdictional problems created by the choice of jurisdiction
  • Primacy
  • Communication and reaching agreement
  • Corporate self-reporting

Bribery Act 2010—territorial application

The Bribery Act 2010 (BA 2010) creates a choice of jurisdiction where part or parts of the offence occur in part or parts of the UK and/or where the offending takes place abroad, albeit this may require a close connection to the UK. For more information, see Practice Note: Jurisdiction in respect of allegations of bribery.

In summary, the territorial application for the prosecution of offences is set out in BA 2010, s 12. Offences contrary to BA 2010, ss 1, 2 and 6 should be prosecuted in either England and Wales, Scotland or Northern Ireland, depending on whether any act or omission which forms part of the offence takes place in that part of the UK (BA 2010, s 12(1)). Where bribery occurs overseas and there is no act or omission within the UK but the person who committed an act of bribery is subject to BA 2010, then proceedings for the offence may be taken at any place in the UK. A person is subject to BA 2010 because:

  1. being an individual, he/she is a British citizen etc, and

  2. where the offence has been committed by a company, it is incorporated in any part of the UK

Similarly, proceedings against an organisation for the offence of failing to prevent bribery contrary to BA 2010, s 7