Bribery Act 2010 Committee
The Bribery Act 2010: post-legislative scrutiny

Report of Session 2017-19 - published 14 March 2019 - HL Paper 303


Principal conclusions and overall assessment

Chapter 1: Introduction

Constitution and terms of reference of the Committee

Our working methods


Chapter 2: Background to the legislation

The first Prevention of Corruption Acts

The late twentieth century

The Law Commission’s work

The draft Bribery Bill

The Bribery Act: an overall assessment

Chapter 3: The offences of bribery and being bribed (sections 1 and 2)

The offences


Table 1: Prosecutions under section 1, 2011-2017

Table 2: Prosecutions under section 2, 2011-2017

Reporting mechanisms

Alternative offences

Minor offences

Box 1: Early prosecutions under the Bribery Act 2010

Section 13 defence

Enforcement agencies


Financial resources

Figure 1: SFO Funding 2010–2018


Interagency co-operation

Consent to prosecution

Vicarious liability

The Government’s Anti-Corruption Champion

Chapter 4: Corporate hospitality

Box 2: Hospitality in different cultures

The Ministry of Justice Guidance

Uncertainty surrounding the Guidance

High Risk Sectors

Chapter 5: Bribery of foreign public officials, and facilitation payments (section 6)

The offence

Facilitation payments

Assisting SMEs

Brexit issues

Table 3: Additional funding for Brexit

Chapter 6: Failure to prevent bribery (section7)

The offence

Due diligence: the ‘adequate procedures’ defence

The Guidance

Box 3: The Six Principles for the prevention of bribery

Adequate v reasonable

An opinion on proposed conduct?

R v Skansen Interiors Ltd

Box 4: The facts of the Skansen case

Failure to prevent as a model for future legislation

Chapter 7: Deferred prosecution agreements

The Crime and Courts Act 2013

Development of DPAs

DPA procedure

The four DPAs to date

Standard Bank plc




Our scrutiny of DPAs

The DPA Code of Practice

The importance of judicial oversight

The role of self-reporting

Consistency between large and small companies

Financial penalties

Prosecution of individuals

Non-prosecution agreements (NPAs)


Chapter 8: Small and medium enterprises


Government action to date

The position of SMEs

Chapter 9: The position in Scotland

Consent to prosecution

The Guidance

Civil Settlements and DPAs

Box 5: The Civil Settlement Regime

Summary of conclusions and recommendations

Appendix 1: List of Members and declarations of interest

Appendix 2: List of witnesses

Appendix 3: Call for evidence

Appendix 4: Acronyms and abbreviations

Evidence is published online at and available for inspection at the Parliamentary Archives (020 7219 3074).

Q in footnotes refers to a question in oral evidence.

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