Bribery and corruption

Offences under BA 2010

BA 2010 creates four offences:

1. •

   bribing another person

2. •

   soliciting or accepting a bribe

3. •

   bribing a foreign public official, and

4. •

   failure to prevent bribery, which can only be committed by a ‘relevant commercial organisation’ (as defined in BA 2010, s 7)

Common to each of these offences is that:

1. •

   an advantage is given, promised or requested, and

2. •

   a function or activity is performed improperly

For more information on these offences, see Practice Notes: Active bribery, passive bribery and bribing foreign public officials and Failing to prevent bribery.

Scope of liability under BA 2010

BA 2010 has a wide scope. It should be noted in particular that:

1. •

   the senior officers of a company (eg its directors, company