Joanne Kane

This Practice Note explains what is meant by active bribery, passive bribery and bribing foreign public officials under sections 1, 2 and 6 of the Bribery Act 2010 ie the giving or receiving of bribes involving members of foreign governments etc. It explains two types of active bribery offence and four types of passive bribery offence. It also deals with general matters that relate to active and passive bribery including what is meant by the relevant function or activity, improper performance and breach of a relevant expectation. It provides definitions of foreign public official ie someone who holds a legislative, administrative or judicial position of any kind, exercises a public function or is an official or agent of a public international organisation or government etc. It explains influencing in their capacity as an official and how the offences can be committed by individuals, corporates or senior officers of a company. In relation to all of the offences it also covers defences and penalties and who must consent to a prosecution.

This Practice Note explains the four offences of bribery contained in the Bribery Act 2010 (BA 2010): bribing another person under BA 2010, s 1; soliciting or accepting a bribe under BA 2010, s 2; bribing a foreign public official under BA 2010, s 6; and failing to prevent bribery under BA 2010, s 7. It also covers the BA 2020 provisions governing jurisdiction, facilitation payments, gifts, hospitality and any exceptions, as well as sentencing for bribery offences. It introduces the concept of having adequate procedures in place to prevent bribery by adopting the use of anti-corruption practices, as well as summarising indicators of corruption and the consequences of corruption if proven.