Bribery Act 2010: Basics


The Bribery Act 2010 came into force on 1 July 2011. It aims to update and simplify the UK’s anti-corruption laws.

The Act creates 4 offences:

  • offering, promising or giving a bribe (active bribery);
  • requesting, agreeing to receive or accepting a bribe (passive bribery);
  • bribing a foreign official; and
  • a “relevant commercial organisation (which includes any corporate body or partnership carrying on a business in the UK) failing to prevent bribery.

What is a bribe?

The Act defines a bribe as a “financial or other advantage”. This could cover gifts, corporate hospitality, political or charity donations and publicity, or awarding jobs to relatives of business partners.

Penalties

In the event of a prosecution, the question as to whether an organisation had adequate procedures in place to prevent bribery will be up to the courts to decide, taking into account the particular facts and circumstances of each case.

For individuals found guilty of one of the offences, there is a maximum penalty of 10 years’ imprisonment and/or an unlimited fine. Companies are liable to an unlimited fine.