Bribery

NotesObjective Test

4 classes of offence

  1. Bribing someone

  2. Receiving a bribe

  3. Bribing a foreign public official

  4. Corporate failure to prevent bribery, no 'adequate procedures' to prevent it

Bribery can be committed by state, privately employed persons and also outside of the UK.

Specific defences are available to members of the armed forces and the secret services when engaged on active duty.

Max - 10 years prison and/or unlimited fine.

Corporate Failure to Prevent Bribery

  1. Proportionate procedures
    The procedures taken by an organisation should be proportionate to the risks it faces and the nature, scale and complexity of its activities. 

    A small organisation would require different procedures to a large multinational organisation.

  2. Top-level commitment
    The top-level management should be committed to prevent bribery and foster a culture within the organisation in which bribery is unacceptable.

  3. Risk assessment
    Organisations should assess the nature and extent of their exposure to risks of bribery, including potential external and internal risks of bribery. 

    For example, some industries are considered higher risk than others, such as the extractive industries; some overseas markets may be higher risk where there is an absence of anti-bribery legislation.

  4. Due diligence
    The organisation should apply due diligence procedures in respect of persons who perform services for – or on behalf of – the organisation in order to mitigate bribery risks.

  5. Communication
    The organisation should ensure its bribery prevention policies and procedures are embedded and understood throughout the organisation through internal and external communication, including training, proportionate to the risks it faces. 
    Communication and training enhances awareness and helps to deter bribery.

  6. Monitoring and review
    The organisation should monitor and review procedures designed to prevent bribery and make improvements where necessary. The risks an organisation faces may change and, therefore, an organisation should evaluate the effectiveness of its anti-bribery procedures and adapt where necessary. 

    The question of whether an organisation had adequate procedures in place to prevent bribery is a matter that will be determined by the courts by taking into account the circumstances of the case. The onus will, however, be on the organisation to prove it had adequate procedures in place.

NotesObjective Test