Bribery Act 2010—the basics
Bribery Act 2010—the basics

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Bribery Act 2010—the basics
  • Offences
  • What is a financial or other advantage?
  • What is improper performance of a relevant function or activity?
  • Senior officers
  • Territorial application
  • Penalties
  • BA 2010 in property transactions
  • Asset and corporate transactions
  • Joint Ventures

The Bribery Act 2010 (BA 2010) came into force on 1 July 2011. BA 2010 repealed and replaced the common law offence of bribery and various statutory offences prohibiting corrupt behaviour. Any offence committed before 1 July 2011 will be dealt with under the old regime.

Offences

BA 2010 creates four offences:

  1. bribing another person

  2. soliciting or accepting a bribe

  3. bribing a foreign public official

  4. (for commercial organisations only) failure to prevent bribery

Bribing another person

A person (A) is guilty of this offence if they offer, promise or give a financial or other advantage to another person and either:

  1. A intends the advantage to:

    1. induce improper performance of a relevant function or activity by another person, or

    2. reward a person for improper performance of a relevant function or activity, or

  2. A knows or believes that the acceptance of the advantage itself constitutes improper performance of a relevant function or activity

It is irrelevant whether A offers or gives the advantage directly, or through a third party.

For the purpose of BA 2010, s 1(2) it is irrelevant whether the person to whom the advantage is offered, promised or given is the same person who performs the relevant function or activity.

Soliciting or accepting a bribe

A person (B) is guilty of this offence if they request, agree to receive or accept