The Bribery Act 2010 offences

The Bribery Act 2010 is the UK's main anti-bribery law. It is regarded as one of the strictest in the world, and it created four offences. Three of them apply to individuals.

Section 1: bribing another person

Offering, promising, or giving a financial or other advantage to induce someone to perform a relevant function improperly, or to reward them for doing so. The offence is complete at the point of the offer or promise; the bribe does not need to be accepted or paid.

Section 2: being bribed

Requesting, agreeing to receive, or accepting an advantage in return for performing a function improperly. Again, merely agreeing is enough. You do not need to actually receive anything, and the improper act does not need to happen.

Section 6: bribing a foreign public official

Offering or giving an advantage to a foreign public official to influence them in their official capacity, in order to obtain or retain business or a business advantage. This offence is stricter than section 1: there is no need to prove the official acted improperly, only that the advantage was intended to influence them and was not legitimately due.

Wide reach

The Act has long arms. It covers conduct in the UK, and it also covers conduct anywhere in the world by UK companies, UK nationals, and people ordinarily resident in the UK. A bribe paid in another country by a UK business, or on its behalf, can be prosecuted in the UK. Serious and complex cases are investigated and prosecuted by the Serious Fraud Office (SFO).

The fourth offence, under section 7, applies to organisations rather than individuals, and it is important enough to get its own lesson.