Failure to prevent bribery under Section 7 is a strict liability offense.  Nevertheless, for a relevant commercial organization to be guilty, the associated person who bribed another person must have the intent to obtain or retain business for the organization.1

The Ministry of Justice Guidance sets out that the “fact that an organisation benefits indirectly from a bribe is very unlikely, in itself, to amount to proof of the specific intention required by the offence.”2  For more on what may suffice to prove intent, see here.

1 Bribery Act 2010, c. 23, § 7 (UK).

2 Ministry of Justice, The Bribery Act 2010 Guidance, at 17 (2011).

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