Bribery

The offence of bribing another person arises where a person makes an offer or a promise to give a financial or other advantage whether the intention in doing so is either to bring about the improper performance of a relevant activity or function or to reward such improper performance, or where the acceptance of the advantage offered, promised or given constitutes improper performance.

Key points

• The Bribery Act 2010 came into force in the UK on 1 July 2011
• There are four recognised offences under the Act:
  • Bribing another person.
  • Being bribed.
  • Bribing a foreign public official.
  • Failure to prevent bribery.
• 'Failure to prevent bribery' is also known as the 'corporate offence'
• If the corporate offence is committed it is possible to put forward a defence to prosecution
• The defence to the corporate offence is based on six guiding principles which are: proportionate procedures, top level commitment, risk assessment, due diligence, communication and monitoring and review.