Offences Under the Bribery Act 2010
The Bribery Act 2010 created four clear criminal offences. Section 1 (active bribery) covers offering, promising, or giving a financial or other advantage to induce improper performance. Section 2 (passive bribery) covers requesting, agreeing to receive, or accepting an advantage as a reward for improper performance. Section 6 targets bribery of foreign public officials — unlike section 1, no improper performance needs to be proved, intent to influence the official is sufficient. Facilitation payments — so-called grease payments — are illegal under UK law regardless of local custom.
Corporate Liability and the Adequate Procedures Defence
Section 7 of the Bribery Act creates a strict liability offence: a commercial organisation failing to prevent bribery by an associated person acting on its behalf. The ECCTA 2023 reformed the identification doctrine so that where a senior manager commits a bribery offence within the scope of their authority, the company is also guilty. The only complete defence to a section 7 charge is to demonstrate that adequate procedures were in place — proportionate, documented, and actively enforced.
SFO Investigations and Section 2 Notices
The Serious Fraud Office is the lead prosecutor for serious or complex bribery. Under section 2 of the Criminal Justice Act 1987, the SFO can compel individuals to attend interviews and produce documents. The ECCTA 2023 expanded these powers to the pre-investigation stage. Failure to comply with a Section 2 Notice is a criminal offence. Legal advice should be sought before responding to protect Legal Professional Privilege.
Self-Reporting and Deferred Prosecution Agreements
Companies that disclose bribery early and cooperate fully are more likely to be offered a Deferred Prosecution Agreement. A DPA allows a company to avoid a criminal conviction in exchange for a financial penalty and a period of court-monitored compliance. It is often the preferred route for boards seeking to preserve the company's future viability.
What to Do if You Are Under Investigation
If your business is the subject of a dawn raid or you have received a Section 2 Notice, seek specialist legal advice immediately. Do not speak to investigators or agree to informal interviews without a solicitor present. The pre-investigation stage can be decisive — early intervention can significantly affect whether charges are brought and the terms on which any resolution is achieved.