The Bribery Act 2010 (BA 2010) applies to individuals as well as any business that is incorporated or trades in the UK. It covers bribery committed by an organisation, or on its behalf, anywhere in the world. BA 2010, therefore, has extraterritorial effect. It was designed to provide an effective legal framework to tackle corruption in both the public and private sectors.
BA 2010 criminalises:
bribing another person. This is often known as active bribery
soliciting or accepting a bribe. This is often known as passive bribery
bribing a foreign public official, and
for a business or commercial organisation only, failing to prevent bribery
The offences are discussed in more detail below. Practice Note: The Bribery Act 2010—an introductory guide introduces the offences of bribery contained in BA 2010 as well as covering territorial application, facilitation payments, gifts and hospitality, and exceptions, penalties and indicators of corruption.
The Serious Fraud Office (SFO) and Crown Prosecution Service (CPS) are primarily responsible for investigating bribery and corruption offences in the UK. As public prosecutors,
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