The Bribery Act 2010

Neil Wilson

Background

• Came into force 1 July 2011

• Aim - modernise and simplify the law on bribery to allow prosecutors and the courts to deal with it more effectively

• New offence of failing to prevent bribery

General Bribery Offences

• Section 1 – Personal Offence“…for a person to offer, promise or give a

financial or other advantage to another person” in one of two cases:

(1)where the intention is to bring about the improper performance of an activity or to reward such improper performance

(2) where they know or believe that the acceptance of the advantage offered, promised or given in itself constitutes the improper performance of an activity

Accepting a Bribe

• Section 2 – Offences relating to being bribed– 4 examples of where guilty when accepting

a bribe• A recipient of a bribe is guilty if they “request,

agrees to receive or accepts a financial of other advantage”

• Which results in improper performance of an activity

Failure to Prevent Bribery

• Section 7 – Commercial Organisation Offence

“…guilty of an offence if a person associated with it bribes another person, intending to obtain or retain business or a business advantage for [itself]”

There is a defence if it can show that it had adequate procedures in place designed to prevent bribery.

Penalties

• Summary Conviction – up to 12 months in prison and fine up to £5,000

• Conviction on indictment – up to 10 years in prison and fine up to £5,000

• Penalties can be applied to both organisations and people i.e. a company and its directors could be guilty

Practical Advice

• ALL companies should have an Anti-corruption and Bribery Policy for staff

• ALL companies should incorporate policies into agreements with sales agents/introducers/consultants

• Be careful to be reasonable and proportionate in hospitality

• Larger companies should have more robust anti-bribery procedures in place (eg, training, code of conduct/values, risk management procedures)

• Further guidance available:

– The Ministry of Justice http://www.justice.gov.uk/guidance/docs/bribery-act-2010-guidance.pdf

– The Serious Fraud Office http://www.sfo.gov.uk/media/167348/bribery%20act%20joint%20prosecution%20guidance.pdf

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