bribery

Bribery and corruption strike at the heart of public confidence in administrative and judicial affairs.

The Public Bodies Corrupt Practices Act 1889

Section 1(1) of the 1889 Act makes it an offence for any person alone, or in conjunction with others, to corruptly solicit or receive, or agree to receive, for him/herself, or for any other person, any gift, loan, fee, reward, or advantage whatever as an inducement to, or reward for, or otherwise on account of any member, officer, or servant of a public body, doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the public body is concerned. (Archbold 31-131).

The Prevention of Corruption Act 1906
The prosecution does not have to prove that the defendant actually demonstrated favour as a consequence of having received the gift, as long as he received the gift as an inducement to show favour. (Archbold 31-149).

The Common Law Offence of Bribery

In the case of R v. Gurney (1867) 10 Cox CC 550 the mental element was held to include an intention to produce any effect at all on the decision of a public officer.

The offence of bribery is also committed by the person who receives the bribe. Receipt of the bribe can also be charged as the common-law offence of misfeasance in public office. (Archbold 25-381).