Bribery

Question 1

Bribery Act 2010

Answer 1

Bribery Act 2010, bribery is giving an advantage for someone to improperly perform their duty. S6 makes a specific offence for overseas officials. This raises issue of trivial ‘payments’ but focus should be on improper performance of duty.

Question 2

Section 1

Answer 2

Section 1 - Offences of bribing another person - makes it an offence to give or promise ‘financial or other advantage’ for ‘improperly’ performing a ‘relevant function or activity’.

Question 2

Section 6

Answer 2

Section 6 - Bribery of foreign public officials - 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.
(Doesn’t specifically say it is more serious than UK wide but this is implied.)
Bart making payments from his personal account indicate that Bart will be guilty under the Bribery Act

Question 3

Section 2

Answer 3

Section 2 - Offences relating to being bribed
* makes it an offence to be bribed
* ‘requesting, accepting or agreeing to accept such an advantage in return for improperly performing such a function or activity’
So Sally could be in trouble if she agrees to this. Whacko could also be in trouble as:

Question 4

Section 7

Answer 4

Section 7 - Failure of commercial organisations to prevent bribery

• A relevant commercial organisation (“C”) is guilty of an offence under this section if a person (“A”) associated with C bribes another person intending—
  o (a)to obtain or retain business for C, or
  o (b)to obtain or retain an advantage in the conduct of business for C.
• (2) 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.

Question 5

Penalty

Answer 5

The penalty could be up to 10 years in prison and an unlimited fine for individuals, unlimited fine for businesses. Directors can be disqualified