bribery
n. Under the Bribery Act 2010, an individual who gives, offers, or promises “financial or other advantage” to induce another individual to act “improperly” in the performance of a “relevant function or activity” commits the offence of bribery (s 1). A “relevant function or activity” is defined as “any function of a public nature; any activity connected with a business, trade or profession; any activity performed in the course of a person’s employment; or any activity performed by or on behalf of a body of persons whether corporate or unincorporated” (s 3). Such a function is performed “improperly” when the performance breaches: (i) a reasonable expectation of good faith or impartiality; or (ii) a reasonable expectation of how a person in a position of trust should behave (s 4–5). The Act likewise makes it an offence to accept or solicit bribes (s 2) and creates the specific offence of bribing foreign public officials (s 6). The maximum penalty for these offences is 10 years’ imprisonment together with an unlimited fine.

Under the Act a commercial organization commits an offence where it fails to prevent bribery on its behalf by any “associated person” (s 7–9). The offence is one of vicarious liability; even where there is no deliberate wrongdoing or direct knowledge on the part of the organization, it will be guilty of this offence where such bribery occurs and it can not show that it has “adequate procedures” to prevent its occurrence.

Before the passage of the 2010 Act, the term “bribery” referred specifically to the common-law offence of making improper payments to judges, magistrates, or other judicial officers. Offences relating more generally to the improper influencing of public servants and other persons in a position of trust were referred to as corruption and given statutory definition by the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Act 1906, and the Prevention of Corruption Act 1906. These Acts were all repealed by the 2010 Act.

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