Bribery (Sections 1, 2 and 6 Bribery Act 2010)

Definition

A person ("P") is guilty of an offence if either of the following cases applies. Case 1 is where (a) P offers, promises or gives a financial or other advantage to another person, and (b) P intends the advantage (i) to induce a person to perform improperly a relevant function or activity, or (ii) to reward a person for the improper performance of such a function or activity. Case 2 is where (a) P offers, promises or gives a financial or other advantage to another person, and (b) P knows or believes that the acceptance of the advantage would itself constitute the improper performance of a relevant function or activity. (Bribery Act 2010, s.1(1) to (3)) A person ("R") is guilty of an offence if any of the following cases applies. Case 3 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). Case 4 is where (a) R requests, agrees to receive or accepts a financial or other advantage, and (b) the request, agreement or acceptance itself constitutes the improper performance by R of a relevant function or activity. Case 5 is where R requests, agrees to receive or accepts a financial or other advantage as a reward for the improper performance (whether by R or another person) of a relevant function or activity. Case 6 is where, in anticipation of or in consequence of R requesting, agreeing to receive or accepting a financial or other advantage, a relevant function or activity is performed improperly (a) by R, or (b) by another person at R's request or with R's assent or acquiescence. (Bribery Act 2010, s.2(1) to (5)) A person ("P") who bribes a foreign public official ("F") is guilty of an offence if P's intention is to influence F in F's capacity as a foreign public official. P must also intend to obtain or retain (a) business, or (b) an advantage in the conduct of business. P bribes F if, and only if, (a) directly or through a third party, P offers, promises or gives any financial or other advantage (i) to F, or (ii) to another person at F's request or with F's assent or acquiescence, and (b) F is neither permitted nor required by the written law applicable to F to be influenced in F's capacity as a foreign public official by the offer, promise or gift. (Bribery Act 2010, s.6(1) to (3))

Points to prove

1. Section 1 (bribing another person): a person (P)
2. offers, promises or gives a financial or other advantage to another person
3. intending the advantage to induce a person to perform improperly a relevant function or activity, or to reward a person for its improper performance (Case 1), or knowing or believing that acceptance of the advantage would itself constitute improper performance (Case 2)
4. Section 2 (being bribed): a person (R)
5. requests, agrees to receive or accepts a financial or other advantage
6. intending that a relevant function or activity should be performed improperly (Case 3), or where the request, agreement or acceptance itself constitutes improper performance (Case 4), or as a reward for improper performance (Case 5), or where a relevant function or activity is performed improperly in anticipation or in consequence of it (Case 6)
7. Section 6 (bribing a foreign public official): a person (P)
8. directly or through a third party offers, promises or gives any financial or other advantage to a foreign public official (F), or to another person at F's request or with F's assent or acquiescence
9. intending to influence F in F's capacity as a foreign public official and to obtain or retain business or an advantage in the conduct of business
10. where F is neither permitted nor required by the written law applicable to F to be so influenced

Last updated 20 October 2026. Reviewed 20 October 2026