Overview

The Bribery Act 2010 created new offences relating to bribery, both domestically and internationally, and imposed liability on commercial organisations that fail to prevent bribery by those associated with them.

Description

The Act establishes several key offences:

• Bribing another person: Offering, promising, or giving an advantage to induce or reward improper performance of a relevant function or activity.
• Being bribed: Requesting, agreeing to receive, or accepting an advantage to perform a function improperly or as a reward for improper performance.
• Bribery of foreign public officials: Bribing a foreign public official to influence their actions to obtain or retain business or advantage.
• Failure of commercial organisations to prevent bribery: Companies are liable if an associated person bribes another to obtain or retain business for the company, unless they can prove they had adequate procedures in place to prevent it. "Associated persons" include employees, agents, and subsidiaries.

The Act defines "improper performance" as a breach of expectations of good faith, impartiality, or trust associated with a function or activity. It also specifies territorial application, penalties (including fines and up to 10 years imprisonment), and requires the Secretary of State to publish guidance on preventing bribery.

The Act repeals previous common-law bribery offenses and related legislation.

Government Spending

The Act does not directly specify government spending figures. However, the cost of enforcement by agencies like the Serious Fraud Office and the increased resources needed for investigations and prosecutions would lead to increased government spending. The exact figures are not available from the Act itself.

Groups Affected

• Individuals: Individuals who bribe or are bribed, including both public and private sector workers, face criminal penalties.
• Commercial organisations: Companies are liable for the bribery of others by their associated persons unless they demonstrate adequate prevention procedures. This necessitates implementing compliance programs and risk assessments.
• Foreign public officials: Foreign officials involved in bribery schemes can be prosecuted under UK law.
• Law enforcement agencies: Agencies such as the Serious Fraud Office, the Crown Prosecution Service, and the police are responsible for enforcement, which requires increased resources.

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