Overview

The Bribery Act 2010 is a UK law that criminalizes bribery in both the public and private sectors, including bribery of foreign public officials. It aims to prevent bribery and strengthen the UK's anti-corruption efforts.

Description

This Act establishes several key offenses related to bribery:

• General bribery offenses: It's an offense to offer, promise, or give an advantage to induce or reward improper performance of a relevant function or activity (Sections 1 & 2). A "relevant function or activity" is broadly defined and includes any public function, business activity, or employment-related activity where good faith, impartiality, or trust is expected (Section 3). Improper performance is a breach of these expectations (Section 4).
• Bribery of foreign public officials: Bribing foreign officials to obtain or retain business is also a crime (Section 6).
• Failure of commercial organizations to prevent bribery: Companies are liable if an "associated person" (e.g., employee, agent) bribes another person to benefit the company, unless the company can prove they had adequate anti-bribery procedures in place (Section 7).

The Act also specifies penalties, including imprisonment and/or fines for individuals and fines for organizations (Section 11). Prosecutions require consent from specified authorities (Section 10), and the Act covers offenses committed both inside and outside the UK under certain conditions (Section 12). It repeals older bribery-related legislation (Schedule 2) and introduces several consequential amendments to other Acts (Schedule 1). A defense exists for those whose conduct was necessary for intelligence or armed forces operations (Section 13).

Government Spending

The Act doesn't directly specify government spending figures. However, implementing and enforcing the Act likely involves increased costs for investigation, prosecution, and the development and dissemination of guidance materials.

Groups Affected

• Individuals: Individuals who offer, receive, or request bribes can face imprisonment and/or fines.
• Businesses: Companies face significant financial penalties if they fail to prevent bribery by associated persons. They must implement and maintain adequate anti-bribery procedures to avoid liability.
• Public officials (UK and foreign): Public officials are protected from bribery, and those who engage in bribery face criminal consequences.
• Law enforcement agencies: The Act places additional responsibilities on law enforcement agencies for investigating and prosecuting bribery offenses.

Powered by nyModel