Bribery Definition

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GLOSSARY

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What does Bribery mean?

The Bribery Act 2010 consolidated and reformed the law on bribery.

It replaced the offences at common law and under the Prevention of Corruption Acts 1889 - 1916 with two general offences; the first deals with bribery and the second deals with being bribed. The basis of the model is an intention to induce improper conduct.

Commercial

Bribery means dishonestly persuading someone to act in one鈥檚 favour by a gift of money or other inducement.

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DPA suitability checklist

DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: 鈥� whether it is likely to be in the interests of justice, and 鈥� that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...

FCA financial crime guidance鈥攕upporting materials

FCA financial crime guidance鈥攕upporting materials Financial crime is a key supervisory and enforcement priority for the Financial Conduct Authority (FCA). The FCA requires firms to implement systems and controls aligned with their regulatory and legislative obligations to identify and mitigate their financial crime risk. The FCA may take disciplinary and enforcement action against a firm and/or its senior management for deficient financial crime systems and controls, even if a breach or crime has not occurred. To assist firms in their compliance, the FCA publishes guidance in its Financial Crime Guide (FCG) and Financial Crime Thematic Reviews (FCTR), addressed in Practice Note: FCA financial crime guidance: FCG and FCTR. The FCA also publishes various materials providing additional guidance on its regulatory requirements. This Checklist sets out supporting materials published by the FCA relating to financial crime systems and controls in the form of multi-firm reviews, thematic reviews, case studies; supervisory correspondence, speeches, podcasts and webinars on the topics set out in the FCA鈥檚 FCG鈥攊nsider dealing and market manipulation; money laundering and...

Discover our 25 Checklists on Bribery

Active bribery, passive bribery and bribing foreign public officials

The Bribery Act 2010 (BA 2010) criminalises:鈥ribing another person (active bribery)鈥oliciting or accepting a bribe (passive bribery)鈥ribing a foreign public official, and鈥or a business or commercial organisation only, failing to prevent briberyThe purpose of this Practice Note is to provide a general understanding of the active and passive bribery offences under BA 2010, ss 1, 2 and the offence of bribing a foreign public official under BA 2010, s 6; in short the giving or receiving of bribes. It does not provide a summary of the corporate offence of failing to prevent bribery, which is covered in Practice Note: Failure to prevent bribery鈥攖he offence.This Practice Note should be read in conjunction with Practice Note: The Bribery Act 2010鈥攁n introductory guide.BA 2010 came into force on 1 July 2011. Conduct committed before the entry into force of BA 2010 is prosecuted under the old law, see Practice Notes: Corruption and common law bribery鈥攑re-Bribery Act 2010 [Archived] and Pre BA 2010 bribery and corruption鈥擯racticalities [Archived].The offences are based on an improper performance...

The US Foreign Corrupt Practices Act and the UK Bribery Act 2010 compared

Background to the Foreign Corrupt Practices ActThe US Foreign Corrupt Practices Act (FCPA) is a broad piece of legislation that has been well enforced and embedded since its introduction in 1977. It was introduced to deal with the very widespread problem at the time of US companies paying bribes to foreign governments. The FCPA has two categories of provisions:鈥nti-bribery provisions鈥攖hese are narrower than those in the UK Bribery Act 2010 (BA 2010), which entered into force on 1 July 2011, in a number of respects鈥ccounting provisions requiring transparency of accounts in all companies that file a report with the US Securities and Exchange Commission (SEC)鈥攖hese have no equivalent in BA 2010The Foreign Corrupt Practices Act anti-bribery provisionsThe anti-bribery provisions of the FCPA prevent certain company and individuals from corruptly paying, offering, or promising anything of value to a foreign official in order to obtain or retain business. The provisions apply to:鈥⑩€榠ssuers鈥� (companies, US or foreign, with securities listed on a national securities exchange in the US or companies required to...

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Anti-bribery and corruption鈥攇ifts and hospitality register

Anti-bribery and corruption鈥攇ifts and hospitality register Please click for the register. Please note that this register has been prepared in Excel and it therefore cannot be downloaded to Word. You should consider how gifts and hospitality details should be recorded centrally. For most organisations, it is not practical to have a process for managerial approval of every single gift made and received or every occasion where hospitality is provided. You should, however, consider an authorisation procedure for gifts and hospitality valued over your set limit. Gifts under that limit could be recorded via an expenses management system or a manual Gifts and hospitality register. If adopting a manual system, you could: 鈥� allow open access to

Anti-bribery and corruption鈥攑ost-training assessment questions

Anti-bribery and corruption鈥攑ost-training assessment questions How to use this test These questions are designed to test your understanding after your attendance at our training on avoiding bribery and corruption. After you have completed this test, please return it to [insert name]. General Name of person completing test [Insert name] Role [Insert role] Date [Insert date] Multiple choice questions Circle the correct answer. Question Multiple choice answers 1. How many offences does the Bribery Act 2010 contain? (a) Three(b) Four(c) Ten 2. What is the 鈥榖ribing another person鈥� offence? (a) Trying to bribe an individual with the intention of influencing that individual in their capacity as a foreign public official(b) Asking for or accepting any form of an advantage from another party in return for knowingly doing, or getting someone else to do, something improperly(c) Offering or giving something to someone else in return for them doing something for you improperly 3. Would you be committing an offence if you were to accept a large sum of...

Dive into our 138 Precedents related to Bribery

On a relevant transfer under TUPE 2006, does the transferor鈥檚 liability for failing to prevent bribery, to the extent that it is not criminal liability, transfer to the transferee?

On a relevant transfer under TUPE 2006, does the transferor鈥檚 liability for failing to prevent bribery, to the extent that it is not criminal liability, transfer to the transferee? Bribery Act 2010 The Bribery Act 2010 sets out four offences: 鈥� bribing another person (also known as active bribery) 鈥� soliciting or accepting a bribe (also known as passive bribery) 鈥� bribing a foreign public official, and 鈥� failure of a commercial organisation to prevent bribery by an 'associated person' for its benefit For further information, see Practice Note: Bribery Act 2010: essentials for employment lawyers. The first three offences above apply to individuals and companies. The offence of failure to prevent bribery applies only to relevant commercial organisations. For information on the offence of failing to prevent bribery, see Practice Note: Bribery Act 2010: essentials for employment lawyers鈥擣ailure of commercial organisations to prevent bribery. See the Serious Fraud Office (SFO) Guidance on adequate procedures facilitation payments and business expenditure and the following documents (referred to in...

Is it necessary to conduct anti-bribery and corruption due diligence on suppliers?

Is it necessary to conduct anti-bribery and corruption due diligence on suppliers? Agent, intermediary or supplier? Your organisation can be held liable for acts of bribery by associated persons. The scope of this definition is broad and can embrace a wide range of business relationships, including agents and intermediaries. Agents and intermediaries are third parties engaged to provide services for or on behalf of the organisation or to represent your interests. This may include: 鈥� business consultants 鈥� sales agents 鈥� third parties retained in relation to government business or actions 鈥� introducers 鈥� facilitators 鈥� lawyers and other professional advisors, and 鈥� other third parties who provide services for or on behalf of an organisation in any capacity Whether a specific third party relationship is an agent or intermediary relationship is a matter of fact in each case. The determining factor is the degree to which the third party may act autonomously on behalf of your organisation in interactions with other third parties. When it comes...

See the 4 Q&As about Bribery

Corporate Crime weekly highlights鈥�29 May 2025

This week's edition of Corporate Crime weekly highlights includes analysis of the new SFO guidance on what prosecutors must consider during corporate enforcement actions and of the risks associated with the government's bid to crack down on ransomware payments. Also included is news of major sentencing reforms to address the prison capacity crisis, of updated guidance from OTSI on reporting suspected trade sanctions breaches and of a 拢122.7m fine for Thames Water for wastewater operations failures and dividend payment breaches. All this, and more, in this week鈥檚 Corporate Crime highlights.

UK may play major role in corporate misconduct regulation

Law360: On 24 April 2025, the UK Serious Fraud Office (SFO) issued new guidance outlining key factors its prosecutors must weigh as they consider corporate enforcement actions, including whether to criminally charge companies or enter into deferred prosecution agreements (DPAs).

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