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Bribery

Fraud and financial crime — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Fraud and financial crime

Bribery

Bribery Act 2010, ss.1–2

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • s.1: offer, promise or give a financial or other advantage (Bribery Act 2010).
  • s.2: request, agree to receive or accept such an advantage. Check which case in s.1 or s.2 is charged.

Mens rea

  • s.1 Case 1: intent to induce or reward improper performance. Case 2: knows or believes acceptance would itself be improper performance.
  • s.2 Cases 3–6 vary — intent that a function be performed improperly, or the request/acceptance itself is improper performance (knowledge of impropriety is not required in Cases 4–6).

Defences

No advantage offered or received · No improper-performance intent / the function was not a relevant function · Wrong case charged

Sentencing Council

Sentencing Council guideline effective 1 October 2014. Offence range: Discharge – 8 years’ custody.

View definitive guideline ↗

At the police station

Identify payer (s.1) or recipient (s.2) and which statutory case. Corporate s.7 is a different offence.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Fraud and financial crime

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.