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Chapter BIM43125

Document Cited authorities 1 Cited in Related
Vincent
Published date22 November 2013
Record NumberBIM43125

Under the Bribery Act 2010 it is an offence to offer, give, or accept bribes in the UK or overseas. The Act has replaced a number of older Acts dealing with the prevention of corruption, as well as the common law offence of bribery. The Act targets a wide range of situations, so that it is an offence for a person:

  1. to offer, promise or give a financial or other advantage to another which is intended to bring about an improper performance of a specified function or activity by another person or to reward such improper performance;
  2. to offer, promise or give a financial or other advantage to another if the person knows or believes that the acceptance of the advantage in itself would constitute the improper performance of a function or activity;
  3. to request, agree to receive or accept a financial or other advantage intending that, in consequence, a function or activity should be performed improperly, whether by the person himself or by another person;
  4. to request, agree to receive or accept a financial or other advantage, and the request, agreement or acceptance itself constitutes the improper performance of a function or activity by the person;
  5. to request, agree to receive or accept a financial or other advantage as a reward for the improper performance, whether by the person himself or by another person, of a function or activity;
  6. in anticipation of or in consequence of requesting, agreeing to receive or accepting a financial or other advantage, to:

(i) perform a function or activity improperly; or

(ii) request, assent to or acquiesce in, the improper performance of a function or activity by another person,;

  1. to bribe a foreign public official if the person intends to influence the official in the performance of his functions as a public official and intends to obtain or retain business or a business advantage.

The Act also introduced an offence of failing to prevent bribery which can only be committed by a company or partnership. Such an offence is committed where a person who...

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