The following Property guidance note provides comprehensive and up to date legal information covering:
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 BA 2010 repealed and replaced the common law offence of bribery and various statutory offences prohibiting corrupt behaviour.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.
BA 2010 creates four offences:
bribing another person
soliciting or accepting a bribe
bribing a foreign public official
(for commercial organisations only) failure to prevent bribery
A person (A) is guilty of this offence if they offer, promise or give a financial or other advantage to another person and either:
A intends the advantage to:
induce improper performance of a relevant function or activity by another person, or
reward a person for improper performance of a relevant function or activity, or
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.
A person (B) is guilty of this offence if they request, agree to receive or accept
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