Under Section 7 of the Bribery Act 2010, a commercial organization commits an offence if a person associated with it bribes another person to obtain business. What is the only statutory defence available to the organization?

Answer options:

That the board of directors did not know about the bribe.

That the bribe was customary in the country where it was paid.

That it had 'adequate procedures' in place designed to prevent bribery.

That the bribe was less than £500.

How to approach this question

Identify the specific defence to the corporate offence of failing to prevent bribery.

Full Answer

C.That it had 'adequate procedures' in place designed to prevent bribery.✓ Correct

Section 7 of the Bribery Act 2010 creates a strict liability corporate offence of 'failure to prevent bribery'. The only defence available to the commercial organization is to prove that it had 'adequate procedures' in place designed to prevent persons associated with it from undertaking such conduct.

Common mistakes

Assuming that ignorance of the bribe protects the company.

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