Bribery Offences

Question 1

Bribery Act 2010 offences relate to bribing another person and to accepting a bribe.

Two particular terms used within the legislation have particular meanings:

Answer 1

‘Improper performance’ means failing to perform a function or activity with good faith, or impartially (s 4).

‘Relevant function or activity’ includes all functions of a public nature, for example those carried out by public authorities (e.g police) and all activities connected with a business, trade or profession (s 3).

Question 2

Bribery Act 2010 offences penalties

Answer 2

Offences are triable either way and the penalties are a fine or imprisonment (1 year summarily, 12 years on indictment).

Question 3

Bribery Act 2010

Section 1 Offences of bribing another person

(1) A person (“P”) is guilty of an offence if either of the following cases applies.

Answer 3

(2) Case 1 is where—
(a) P offers, promises or gives a financial or other advantage to another person, and

(b) P intends the advantage—
(i) to induce a person to perform improperly a relevant function or activity, or
(ii) to reward a person for the improper performance of such a function or activity.

(3) Case 2 is where—
(a) P offers, promises or gives a financial or other advantage to another person, and
(b) P knows or believes that the acceptance of the advantage would itself constitute the improper performance of a relevant function or activity.
(4) In case 1 it does not matter whether the person to whom the advantage is offered, promised or given is the same person as the person who is to perform, or has performed, the function or activity concerned.
(5) In cases 1 and 2 it does not matter whether the advantage is offered, promised or given by P directly or through a third party.

Question 4

Bribery Act 2010

Section 2 Requesting, accepting or benefitting from a bribe

Under s 2(1) of the Bribery Act 2010 a person commits an offence if he/she requests, agrees to receive or accepts an advantage if:

Answer 4

He/ she intends improper performance (by anyone) to follow as a consequence (s 2(2)).

His/ her request (in itself), an agreement, or acceptance aments to improper performance (s 2(3)).

He/ she accepts the reward for anyone’s subsequent improper performance (s 2(4)).

…it is irrelevant whether the perpetrator actually receives any advantage.