The Bribery Act 2010 reforms the criminal law of bribery, making it easier to tackle this offence proactively in the public and private sectors.
It introduces a corporate offence which means that commercial organisations will be exposed to corporate liability, punished by an unlimited fine for failing to prevent bribery.
The Act itself establishes four offences:
- Bribing another person (essentially giving, offering or promising a “financial or other advantage” to procure or reward “improper exercise” of a public or business activity which is expected to be discharged in good faith or impartially).
- Requesting, accepting or receiving a bribe (using the same concepts for the offence of bribery above).
- Bribing a foreign public official (largely reflecting the Organisation for Economic Co-operation and Development (OECD) contravention on combating bribery of public officials in international business transactions).
- (As mentioned above) Failure by a commercial organisation to prevent bribery by a person who provides services to it.
A full copy of the Bribery Act, and explanatory notes can be found on the Counter Fraud web portal.
The Trust Chief Executive has also released a statement which you can download as a PDF.