A person is guilty of being bribed under Section 2 of the Bribery Act if:

  1. (s)he directly or indirectly requests, agrees to receive, or accepts
  2. a financial or other advantage
  3. intending that, in consequence, a relevant function or activity should be performed improperly by the recipient or another person, or the request, agreement or acceptance itself improperly constitutes the performance by the recipient of a relevant function or activity, or as a reward for the improper performance by the recipient or another person of a relevant function or activity.

A person is also guilty of being bribed if:

  1. at the recipient’s request, or with the recipient’s assent or acquiescence, (s)he
  2. improperly performs a relevant function or activity
  3. in anticipation of, or in consequence of, the recipient requesting, agreeing to receive or accepting a financial or other advantage.

It is irrelevant whether the advantage is for the recipient’s benefit or for that of another person.

Except in the case of item (1) above, it is also irrelevant whether the recipient or someone working on the recipient’s behalf knows or believes that the performance of the function or activity is improper.


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