Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Bribery definition

What does Bribery mean? Bribery describes the offering, promising, giving, requesting, agreeing to receive or accepting a financial or other advantage to induce or reward the improper performance of a function or to influence a person in a position of trust. In England & Wales, Scotland and Northern Ireland, bribery is principally governed by the Bribery Act 2010, which consolidated and reformed the law. It creates offences of active and passive bribery (sections 1–2), bribery of a foreign public official (section 6), and the corporate offence of failure to prevent bribery by associated persons (section 7), with a statutory defence of having adequate procedures....

When Do Commission Payments Constitute Bribes under the UK Bribery Act 2010? Sector Risks, Red Flags, Due Diligence and SFO Enforcement

Published by a LexisNexis Corporate Crime expert

Practice notes

Commissions

Commissions amount to offering a financial benefit to another. They are not invariably bribes. Typically, a commission arises when a seller or buyer provides a benefit to a third party or fiduciary for arranging or mediating the supply of goods or services, or otherwise assisting with a transaction for goods or services. While normal in many industries and accepted practice, an anticipated advantage can create a tangible risk that functions are performed improperly. A commission can also be a facilitation payment, paid to secure the performance (or swifter performance) of an obligation already owed (see Practice Note: Facilitation payments under the Bribery Act 2010). Where a commission is a facilitation payment, it is unlawful. The Serious Fraud Office (SFO) has indicated it will bring proceedings where the Code for Crown Prosecutors, Full Code Test is satisfied; namely, there is a realistic prospect of conviction on available evidence and prosecution serves the Public interest. If a prosecution is not the right course, the SFO may nonetheless rely on powers in the Proceeds of Crime Act 2002 to recover the sums...

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Richard Furlong

Mountford Chambers

Richard Furlong was called to the bar in 1994. He was previously employed as an Investment analyst and worked in the financial services sector between 1986 and 1992. Richard has a mixed criminal and civil practice with a particular interest in fraud, corruption and money laundering, confiscation proceedings and other white collar crimes. He is regularly briefed to defend solicitors, accountants, financial advisors and other professionals. Richard is a highly regarded author of a number of publications relating to fraud and financial matters and is a current contributor to the Lexis®PSL Bribery and Corruption Toolkit. The legal directories note the following: "He's very strong internationally, is very clever and is one of those barristers who doesn't seem to sleep”, "Very knowledgeable and impressive”, “A man very much with his wits about him" and “A succinct advocate who bring his previous...

Web page updated on 21/05/2026

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