The offences
The Bribery Act 2010 creates offences of bribing another person, being bribed, bribing a foreign public official, and the failure of a commercial organisation to prevent bribery. The offences are triable either-way and carry up to 10 years’ imprisonment on indictment.
Defences
- No intention to induce improper conduct or a relevant advantage
- Adequate procedures to prevent bribery, for the corporate offence
- The conduct was lawful and properly authorised
- Disputed involvement or authorship
Sentencing
Bribery carries up to 10 years on indictment. The guidelines assess the value, the seniority of those involved, and the impact on public confidence. Corporate offences can result in substantial fines.
Frequently asked questions
Up to 10 years’ imprisonment on indictment; the offence is triable either-way.
Yes. A commercial organisation can be guilty of failing to prevent bribery, unless it can show it had adequate procedures in place.
Not where they are reasonable and proportionate and given in good faith. The line is drawn where the intention is to induce improper conduct.