Fraud and financial crime
Bribery
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.
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.
- Statute:Bribery Act 2010, ss.1–2 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Fraud Act 2006 ↗