Under the Bribery Act 2010, what defence is available to a commercial organisation charged with failing to prevent bribery by a person associated with it?
Answer and explanation
Correct answer: C. That it had adequate procedures
- Step 1: Section 7 creates the corporate offence of failing to prevent bribery.
- Step 2: The defence is that the organisation had adequate procedures to prevent bribery.
Answer
That it had adequate procedures.
Why not the others: Ignorance of the particular bribe does not provide the defence. The Act has extraterritorial reach, so payment abroad does not avoid it. There is no exemption for small amounts.
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