Jurisdictional issues arising when bribery offences fall under concurrent prosecution authorities

Produced in partnership with Tom Stocker of Pinsent Masons
Practice notes

Jurisdictional issues arising when bribery offences fall under concurrent prosecution authorities

Produced in partnership with Tom Stocker of Pinsent Masons

Practice notes
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Bribery Act 2010—territorial application

The Bribery Act 2010 (BA 2010) creates a choice of jurisdiction where part or parts of the offence occur in part or parts of the UK and/or where the offending takes place abroad, albeit this may require a close connection to the UK. For more information, see Practice Note: Jurisdiction in respect of allegations of bribery.

In summary, the territorial application for the prosecution of offences is set out in BA 2010, s 12. Offences contrary to BA 2010, ss 1, 2 and 6 should be prosecuted in either England and Wales, Scotland or Northern Ireland depending on whether any act or omission which forms part of the offence takes place in that part of the UK (BA 2010, s 12(1)). Where bribery occurs overseas and there is no act or omission within the UK but the person who committed an act of bribery is subject to BA 2010, proceedings for the offence may be taken at any place in the UK. A person is subject

Tom Stocker
Tom Stocker

Partner, Pinsent Masons


Tom is a partner in Pinsent Masons' corporate crime and investigations team and he leads the firm's offering in Scotland. He is an expert in bribery, fraud, money laundering, modern slavery and international trade sanctions. Tom is ranked in band 1 for corporate crime, fraud and investigations by both Legal 500 and Chambers & Partners.

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Jurisdiction(s):
United Kingdom
Key definition:
Bribery definition
What does Bribery mean?

The Bribery Act 2010 consolidated and reformed the law on bribery.

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