Last amended by Economic Crime and Corporate Transparency Act 2023 in 2023. 1 recorded amendment effect (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
Modernised and consolidated the law of bribery. Created four offences: bribing another person, being bribed, bribing a foreign public official, and the corporate offence of failure to prevent bribery. Applies extraterritorially and imposes strict liability on commercial organisations unless they can prove adequate procedures were in place.
Key Points
- Offences of bribing (s.1) and being bribed (s.2)
- Bribery of foreign public officials (s.6)
- Corporate offence of failure to prevent bribery (s.7)
- Defence of adequate procedures (s.7(2))
- No need for connection to the UK for ss.1, 2, 6 if person is UK-connected
- Maximum penalty: 10 years' imprisonment and unlimited fine
- General offence of bribing another person (s.1)
- Offence of being bribed (s.2)
- Corporate offence — failure of commercial organisation to prevent bribery (s.7)
- Adequate procedures defence for the corporate offence
- Extra-territorial jurisdiction — applies to acts abroad by UK nationals and companies
- Maximum 10 years' imprisonment for individuals
Parts & Sections
Amendments History
2010 — The Bribery Act 2010 (Commencement) Order 2011
32 commencement (coming-into-force) effects (legislation.gov.uk changes data).
1998 — The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012
5 recorded amendment effects (legislation.gov.uk changes data).
2014 — The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014
5 recorded amendment effects (legislation.gov.uk changes data).
2022 — The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023
2 recorded amendment effects (legislation.gov.uk changes data).
2023 — Economic Crime and Corporate Transparency Act 2023
1 recorded amendment effect (legislation.gov.uk changes data).
Frequently asked questions
- What are the main offences created by the Bribery Act 2010?
- The Bribery Act 2010 creates four main offences: bribing another person, being bribed, bribing a foreign public official, and the corporate offence of failure to prevent bribery. The Act modernised and consolidated the previous law on bribery, establishing clear definitions for these criminal acts.
- What does it mean to commit the offence of bribing another person?
- A person commits an offence if they offer, promise, or give a financial or other advantage to another person with the intention of inducing them to perform a relevant function or activity improperly. This definition covers the general offence of bribing another person under the legislation.
- How can a company defend itself against the corporate offence of failure to prevent bribery?
- A commercial organisation is guilty if a person associated with it bribes another to obtain or retain business for the organisation. However, the organisation can avoid liability if it proves that adequate procedures were in place to prevent bribery. This is known as the defence of adequate procedures.
- Does the Bribery Act apply to actions taken outside the UK?
- The Act applies extraterritorially, meaning it covers acts committed abroad by UK nationals and companies. For the offences of bribing, being bribed, and bribing foreign public officials, there is no requirement for a connection to the UK if the person involved is UK-connected.
- What are the maximum penalties for individuals convicted under the Bribery Act?
- Individuals convicted of bribery offences face a maximum penalty of 10 years' imprisonment and an unlimited fine. The legislation imposes strict liability on commercial organisations unless they can demonstrate that adequate procedures were in place to prevent bribery.