Bribery
what is relevant functions
covers functions of a public nature and activities connected with a business, performed in the course of someone's employment or by or on behalf of a body of persons.
what is improper performance
performance which amounts to a breach of a particular expectation e.g. of good faith, impartiality or a position of trust.
what defence is there for section 7
to prove that C had in place adequate procedures designed to prevent persons associated with C from undertaking such conduct.
what is an FPO
• An individual who: - holds a legislative, administrative or judicial position of any kind outside the EU; - exercises a public function for or on behalf of a country outside the UK or for any public agency of that country; or - is an official or agent of a public international organisation.
what does section 7 mean overall
• If an associated person bribes another person intending to obtain/retain either business or a business advantage for the commercial organisation then the commercial organisation is guilty of an offence. • This only applies if the associated person would be guilty of the offence under s1 (bribing another person) or s6 (bribing a foreign public official).
what are the penalties of bribery
• Individual - maximum of 10 years and/or unlimited fine. See section 11(1) for detail. • Director - could be disqualified. • Company - unlimited fine. Could be debarred from public sector contracts. See section 11(3).
when is the bribery act
2010
what is section 1
A person ("P") is guilty of an offence if either of the following cases applies. (2) Case 1 is where— (a) P offers, promises or gives a financial or other advantage to another person, and (b) P intends the advantage— (i) to induce a person to perform improperly a relevant function or activity, or (ii) to reward a person for the improper performance of such a function or activity. (3) Case 2 is where— (a) P offers, promises or gives a financial or other advantage to another person, and (b) P knows or believes that the acceptance of the advantage would itself constitute the improper performance of a relevant function or activity.
what is section 2
A person ("R") is guilty of an offence if any of the following cases applies. (2) Case 3 is where R requests, agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly (whether by R or another person).
what is section 6
Bribery of foreign public officials
what are the 4 key offences in the bribery act
Bribing another person. 2 Receiving a bribe. 3 Bribing a foreign public official. 4 Corporate offence - a commercial organisation will be guilty of an offence if an associated person commits either offence 1 or offence 3 above.
what is section 7
Corporate Offence 7 Failure of commercial organisations to prevent bribery (1) A relevant commercial organisation ("C") is guilty of an offence under this section if a person ("A") associated with C bribes another person intending— (a) to obtain or retain business for C, or (b) to obtain or retain an advantage in the conduct of business for C.
