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UK Bribery Act 2010 Section 1 - Offences of Bribing Another Person (Case 1 Inducement or Reward, Case 2 Knowledge of Improper Performance, Direct or Through Third Party, Strict Liability Within Cases)

Section 1 of the Bribery Act 2010 (c. 23) creates the active bribery offence - the offence of offering, promising, or giving a bribe to another person.…

What UK Bribery Act 2010 Section 1 - Offences of Bribing Another Person (Case 1 Inducement or Reward, Case 2 Knowledge of Improper Performance, Direct or Through Third Party, Strict Liability Within Cases) requires

Section 1 of the Bribery Act 2010 (c. 23) creates the active bribery offence - the offence of offering, promising, or giving a bribe to another person. Under section 1(1), a person 'P' is guilty if either Case 1 or Case 2 applies. Under section 1(2), Case 1 is where P offers, promises or gives a financial or other advantage to another person, with intent that the advantage either (a) induces a person to perform improperly a relevant function or activity (as defined in sections 3-5), or (b) rewards a person for the improper performance of such a function or activity. Under section 1(3), Case 2 is where P offers, promises or gives a financial or other advantage to another person, and P knows or believes that the acceptance of the advantage would itself constitute the improper performance of a relevant function or activity. Under section 1(4), in Case 1 it is irrelevant whether the recipient of the advantage is also the person performing the relevant function or activity. Under section 1(5), in both cases it is irrelevant whether the advantage is offered, promised or given directly by P or through a third party (such as an agent, intermediary, subsidiary, or joint venture partner). Section 1 is the foundational active bribery offence in UK criminal law and operates alongside section 2 (offence of being bribed), section 6 (bribery of foreign public officials), and section 7 (failure of commercial organisations to prevent bribery - the corporate strict liability offence with the section 7(2) 'adequate procedures' defence). The maximum penalty under section 11 is 10 years imprisonment on indictment, plus an unlimited fine, plus confiscation under the Proceeds of Crime Act 2002 and debarment from public procurement under the Public Contracts Regulations 2015 and the Procurement Act 2023. Prosecution is by the Serious Fraud Office (SFO) for serious or complex cases or the Crown Prosecution Service (CPS) for other cases.

Pillar: Financial Crime, AML & Sanctions · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:

Primary source: https://www.legislation.gov.uk/ukpga/2010/23/section/1

SHA-256 integrity: 229adcf79c4bb6070cbed9ec039c88acabff3387d7f2789a3d64944150d99f56

Primary Citations — 8 traced to source

  • Bribery Act 2010 (c. 23) section 1 (Offences of bribing another person): subsection (1) - 'A person (P) is guilty of an offence if either of the following cases applies.' Published at legislation.gov.uk/ukpga/2010/23/section/1.
  • Bribery Act 2010 section 1(2): Case 1 - P offers, promises or gives a financial or other advantage to another person with intent to induce a person to perform improperly a relevant function or activity, or to reward a person for the improper performance of such a function or activity.

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