Jurisdiction in respect of allegations of bribery
Jurisdiction in respect of allegations of bribery

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

  • Jurisdiction in respect of allegations of bribery
  • The nature of the offence
  • Advising business
  • Advising individuals
  • Consent to prosecution

The nature of the offence

This 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 bribery

If an offence of failure of a commercial organisation to prevent bribery has been alleged:

  1. it does not matter where any of the acts or omissions relied on took place, and

  2. where no part of the alleged offence has occurred in the UK, proceedings for the offence may take place anywhere in the UK:

    1. in England, Wales and Northern Ireland proceedings may be brought in any court

    2. 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 custody

For more information see Practice Note: Failing to prevent bribery.

Bribing another person (active), being bribed (passive) or bribing a foreign public official

Where an offence of bribing another person (active), being bribed (passive) or bribing a foreign public official has been alleged:

  1. if part of the offence took place in any part of the UK, the offence can be tried in that part of the UK

  2. where the offence occurred entirely outside