Corruption and common law bribery—pre-Bribery Act 2010 [Archived]
Produced in partnership with Ropes and Gray
Corruption and common law bribery—pre-Bribery Act 2010 [Archived]

The following Corporate Crime guidance note Produced in partnership with Ropes and Gray provides comprehensive and up to date legal information covering:

  • Corruption and common law bribery—pre-Bribery Act 2010 [Archived]
  • Prevention of corruption under the pre-BA 2010 regime—introduction
  • Bribery at common law
  • Statutory provisions: the Prevention of Corruption Acts
  • Development of anti-corruption legislation under the pre-BA 2010 regime
  • Ongoing liability under the pre-BA 2010 regime
  • Territorial Reach of the pre-BA 2010 regime
  • Penalties for pre-BA 2010 bribery and corruption
  • Sentencing

ARCHIVED: This archived Practice Note provides a working guide to the law of corruption in the UK before the Bribery Act 2010 (BA 2010) came into force.

This Practice Note explains pre-BA 2010 corruption law, which comprises:

  1. the offence of bribery at common law

  2. the Public Bodies Corrupt Practices Act 1889 (PBCPA 1889)

  3. the Prevention of Corruption Act 1906 (PCA 1906), and

  4. the Prevention of Corruption Act 1916 (PCA 1916)

Together, these are referred to as the pre-BA 2010 regime, which is the term used for the remainder of this Practice Note.

This Practice Note examines the pre-BA 2010 regime and addresses its practical implications for both individuals and businesses. To assist those advising on the practicalities of prosecuting and defending investigations and prosecutions under the the pre-BA 2010 regime, see Practice Note: Pre BA 2010 bribery and corruption—Practicalities [Archived].

For further information on the current regime which applies under BA 2010, consult the following Practice Notes:

  1. The Bribery Act 2010—an introductory guide

  2. Failing to prevent bribery

  3. Active bribery, passive bribery and bribing foreign public officials

  4. Bribery Act 2010—case tracker

Prevention of corruption under the pre-BA 2010 regime—introduction

BA 2010 came into force on 1 July 2011 and transformed the law of corruption in the United Kingdom.

Not only did it widen the scope of the jurisdiction’s corruption offences and greatly increase their territoriality, but it repealed the preexisting framework of