The Bribery Act 2010—an introductory guide
Produced in partnership with Joanne Kane of Carmelite Chambers

The following Corporate Crime practice note produced in partnership with Joanne Kane of Carmelite Chambers provides comprehensive and up to date legal information covering:

  • The Bribery Act 2010—an introductory guide
  • Offences under the Bribery Act 2010
  • Bribing another person
  • Soliciting or accepting a bribe
  • Bribing a foreign public official
  • Criminal liability of senior officers of a company
  • Failure to prevent bribery
  • The adequate procedures defence
  • Territorial application
  • Facilitation payments, gifts and hospitality, and exceptions
  • More...

The Bribery Act 2010—an introductory guide

The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and came into force on 1 July 2011. It is designed to provide an effective legal framework to tackle corruption in both the public and private sectors, modernising the UK’s anti-corruption legislation and replacing the Prevention of Corruption Acts 1889–1916. For detailed guidance on historic anti-corruption law, see Practice Notes: Corruption and common law bribery—pre-Bribery Act 2010 [Archived], Pre BA 2010 bribery and corruption—Practicalities [Archived] and Pre-Bribery Act 2010 corruption—sentence tracker.

BA 2010 has major implications for any business that is incorporated or trades in the UK. It applies to bribery committed by it, or on its behalf, anywhere in the world.

Offences under the Bribery Act 2010

BA 2010 criminalises four distinct types of conduct (offences):

  1. bribing another person

  2. soliciting or accepting a bribe

  3. bribing a foreign public official, and

  4. (for a business only) failing to prevent bribery

Common to each of these offences are:

  1. a (financial or other) advantage is given, promised or requested, and

  2. there is improper performance of a function or activity

Bribing another person

BA 2010 criminalises bribery by a person when that person, ‘A’, offers, promises or gives a financial or other advantage to another

Popular documents