Bribery and Corruption

The Bribery Act is intended to make it significantly easier for enforcement agencies to bring successful prosecutions in respect of corruption offences committed at home in the UK, and abroad.

• True

• False

The Bribery Act creates new offences. Tick all those that apply:

• Active bribery - the offence of offering to bribe another. This offence can be committed directly or through a third party.

• Passive bribery - the offence of accepting or requesting a bribe.

• Bribery of a foreign public official – a person is guilty of this offence if his intention is to influence the official in the official’s capacity as a foreign public official (i.e. government officials and those working for international organisations).

• Failing to prevent bribery - the offence by a commercial organisation of failure to prevent bribery by any person associated with it.

Acts of bribery committed by anyone in the UK or, if overseas, by a British citizen or any other person with a close connection with the UK can be prosecuted.

• True

• False

Facilitation payments - money or goods given to a public official to perform, or speed up the performance of an existing duty, do not amount to an offence of Bribery.

• True

• False

The maximum sentence (in years) for individuals found guilty of an offence of Bribery is:

• 3

• 8

• 10

The only defence available is for the entity to prove that adequate procedures were in place to prevent bribery from being committed by those performing services on its behalf.

• True

• False

Corruption has several adverse effects on society, particularly

• reducing the incentives for individuals to obey the rule of law

• limiting the development of formal markets

• as corruption increases so do the forces that work to undermine formal institutions

Which organs overlook the enforcement of Bribery Act 2010?

• MI5

• SFO and FCA

• NCA

• All of the above

What is Case 1?

• When P knows that the acceptance of financial advantage by R is an improper performance in itself.

• When P offers, promises, gives financial advantage to induce an improper performance.

• When P offers, promises or gives a financial or other advantage to another person, and P intends the advantage to reward a person for the improper performance of such a function or activity.

What is Case2?

• ¨applies where P intends the advantage to bring about the improper performance by another person of a relevant function or activity or to reward such improper performance.

• R requests, agrees to receive or accepts a financial or other advantage, and the request, agreement or acceptance itself constitutes the improper performance by R of a relevant function or activity

• 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).

• ¨applies where P knows or believes that the acceptance of the advantage offered, promised or given in itself constitutes the improper performance of a relevant function or activity