Bribery Act 2010
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The Bribery Act 2010 is a comprehensive anti-corruption legislation enacted in the UK to prevent bribery and corruption both domestically and internationally. It modernised and consolidated existing bribery laws in the UK, replacing older legislation with a more stringent and wide-ranging framework. The Act applies to individuals and companies operating in the UK, as well as to UK citizens and companies conducting business abroad.
General Bribery Offences (Sections 1-5): These sections describe the crime of bribery, which occurs when a person offers, gives, promises, requests, accepts, or agrees to accept a financial or other advantage in exchange for improperly performing a relevant function or activity. The Act applies to both public and private sector bribery.
Bribery of Foreign Public Officials (Section 6): This section establishes a separate offence for bribing foreign public officials. It is a crime to offer, give, or promise a financial or other advantage to a foreign public official, directly or through a third party, in order to influence them in the performance of their duties.
Failure of Commercial Organisations to Prevent Bribery (Section 7): This section imposes liability on commercial organisations if a person associated with them bribes another person with the intention of obtaining or retaining business or gaining an advantage for the organization. Organisations can be held liable unless they can prove that they had adequate procedures in place to prevent such bribery.
Prosecution and Penalties (Sections 10-11): Prosecutions under the Act require the authorisation of the appropriate prosecution agency. Individuals convicted of bribery offences can face imprisonment, fines, or both, depending on the severity of the offence. Commercial organisations convicted of failing to prevent bribery can be subject to unlimited fines.
Other Provisions (Sections 12-19): The Act includes provisions relating to the scope of its application, defences, liability of senior officers or directors, and the applicability to servants of the crown. It repeals previous bribery-related offences and replaces them with the provisions of the Bribery Act 2010.
The Bribery Act 2010 has been regarded as one of the strictest and most comprehensive anti-corruption laws globally. With the aim of fostering ethical business practices, promote transparency, and combat bribery and corruption in all forms, the Act emphasises the importance of adopting adequate procedures to prevent bribery, including measures such as risk assessments, due diligence, and training programs.
General Bribery Offences (Sections 1-5): These sections describe the crime of bribery, which occurs when a person offers, gives, promises, requests, accepts, or agrees to accept a financial or other advantage in exchange for improperly performing a relevant function or activity. The Act applies to both public and private sector bribery.
Bribery of Foreign Public Officials (Section 6): This section establishes a separate offence for bribing foreign public officials. It is a crime to offer, give, or promise a financial or other advantage to a foreign public official, directly or through a third party, in order to influence them in the performance of their duties.
Failure of Commercial Organisations to Prevent Bribery (Section 7): This section imposes liability on commercial organisations if a person associated with them bribes another person with the intention of obtaining or retaining business or gaining an advantage for the organization. Organisations can be held liable unless they can prove that they had adequate procedures in place to prevent such bribery.
Prosecution and Penalties (Sections 10-11): Prosecutions under the Act require the authorisation of the appropriate prosecution agency. Individuals convicted of bribery offences can face imprisonment, fines, or both, depending on the severity of the offence. Commercial organisations convicted of failing to prevent bribery can be subject to unlimited fines.
Other Provisions (Sections 12-19): The Act includes provisions relating to the scope of its application, defences, liability of senior officers or directors, and the applicability to servants of the crown. It repeals previous bribery-related offences and replaces them with the provisions of the Bribery Act 2010.
The Bribery Act 2010 has been regarded as one of the strictest and most comprehensive anti-corruption laws globally. With the aim of fostering ethical business practices, promote transparency, and combat bribery and corruption in all forms, the Act emphasises the importance of adopting adequate procedures to prevent bribery, including measures such as risk assessments, due diligence, and training programs.
