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Chapter 12

Bribery

Introduction

Bribery is covered by the Bribery Act 2010 which came into force in July 2011. The
Act gives three bribery offences:

 Bribing another person

 Being bribed

 Bribing a foreign official.

In addition the Act also gives corporate liability for an organisation which fails to
prevent bribery.

The bribery offences

Bribing another person

This offence is committed when one person gives or offers a financial or other
inducement to a person to perform a relevant function improperly. It is irrelevant
whether the person offered the inducement is the same person who performs the
function.

Being bribed

The offence by which a person accepts or requests a financial or other advantage to
perform a relevant function improperly. It is irrelevant if the inducement is received
directly or indirectly.

A relevant function

In both of these offences the term ‘a relevant function’ is taken to mean a function of
a public nature, or any function of a business nature where the person performing it
is in a position of trust or is expected to perform it in good faith or impartially.

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