Failure of Commercial Organisation to Prevent Bribery (Section 7 Bribery Act 2010)

Bribery Act 2010, s.7

Indictable only
A fine (on conviction on indictment)

Definition

A relevant commercial organisation ("C") is guilty of an offence under this section if a person ("A") associated with C bribes another person intending (a) to obtain or retain business for C, or (b) to obtain or retain an advantage in the conduct of business for C. (Bribery Act 2010, s.7(1)) But it is a defence for C to prove that C had in place adequate procedures designed to prevent persons associated with C from undertaking such conduct. (Bribery Act 2010, s.7(2)) For the purposes of this section, A bribes another person if, and only if, A (a) is, or would be, guilty of an offence under section 1 or 6 (whether or not A has been prosecuted for such an offence), or (b) would be guilty of such an offence if section 12(2)(c) and (4) were omitted. (Bribery Act 2010, s.7(3))

Points to prove

A relevant commercial organisation (C), being a body incorporated or a partnership formed under the law of any part of the United Kingdom which carries on a business, or any other body corporate or partnership which carries on a business or part of a business in any part of the United Kingdom
a person (A) associated with C
bribes another person, that is, A is or would be guilty of an offence under section 1 or 6
intending to obtain or retain business for C, or to obtain or retain an advantage in the conduct of business for C

Failure of Commercial Organisation to Prevent Bribery is an offence under s.7 Bribery Act 2010. A relevant commercial organisation (C) is guilty of the offence if a person (A) associated with C bribes another person intending to obtain or retain business for C, or to obtain or retain an advantage in the conduct of business for C (s.7(1)). A bribes another person if, and only if, A is, or would be, guilty of an offence under s.1 or s.6, whether or not A has been prosecuted for it (s.7(3)). It is a defence for C to prove that C had in place adequate procedures designed to prevent persons associated with C from undertaking such conduct (s.7(2)). A relevant commercial organisation is a body incorporated, or a partnership formed, under the law of any part of the United Kingdom which carries on a business there or elsewhere, or any other body corporate or partnership which carries on a business, or part of a business, in any part of the United Kingdom (s.7(5)). Maximum sentence: a person guilty of an offence under s.7 is liable on conviction on indictment to a fine (s.11(3)).

In practice

The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Indictable only
Maximum sentence: A fine (on conviction on indictment)
Act and section: Bribery Act 2010, s.7
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence and anyone whom he has reasonable grounds for suspecting to be committing an offence (s.24(1)); if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it (s.24(2)); and if an offence has been committed, he may arrest without a warrant anyone who is guilty of the offence or whom he has reasonable grounds for suspecting to be guilty of it (s.24(3)). The power of summary arrest is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in s.24(5) (to ascertain the person's name or address, to prevent the person causing or suffering physical injury, causing loss of or damage to property, committing an offence against public decency or causing an unlawful obstruction of the highway, to protect a child or other vulnerable person, to allow the prompt and effective investigation of the offence or of the person's conduct, or to prevent any prosecution for the offence being hindered by the person's disappearance) it is necessary to arrest the person in question (s.24(4)) (Police and Criminal Evidence Act 1984, s.24).
Search on arrest: A constable may search an arrested person, where the person has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others (s.32(1)), and in any such case may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence (s.32(2)(a)) and, if the offence for which he has been arrested is an indictable offence, may enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (s.32(2)(b)) (Police and Criminal Evidence Act 1984, s.32). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to that offence (s.18(1)), and may seize and retain anything for which he may so search (s.18(2)); the power may not be exercised unless an officer of the rank of inspector or above has authorised it in writing, except where the search is made before the person is taken to a police station and the person's presence at a place other than a police station is necessary for the effective investigation of the offence (s.18(4), (5) and (5A)) (Police and Criminal Evidence Act 1984, s.18).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged (Police and Criminal Evidence Act 1984, s.41(1)). The offence is triable only on indictment and so is an indictable offence (Interpretation Act 1978, Schedule 1), so a police officer of the rank of superintendent or above who is responsible for the police station may authorise the keeping of the person in police detention for a period expiring at or before 36 hours after the relevant time where he has reasonable grounds for believing that detention without charge is necessary to secure or preserve evidence relating to the offence or to obtain such evidence by questioning, and that the investigation is being conducted diligently and expeditiously (Police and Criminal Evidence Act 1984, s.42(1)); on an application on oath made by a constable, a magistrates' court may issue a warrant of further detention for such period as it thinks fit, not longer than 36 hours (s.43(1), (11) and (12)), and may extend it, each extension being not longer than 36 hours and not ending later than 96 hours after the relevant time (s.44(1) and (3)).
Source: www.legislation.gov.uk/ukpga/2010/23/section/7