Under the Bribery Act 2010, what constitutes an active bribery offense?

Active bribery under the Bribery Act 2010 is defined by the act of offering or giving a financial advantage to another person with the intention of influencing them in their role, typically in relation to public or private functions. This action constitutes a direct attempt to corruptly influence a decision or behavior, making it an offense.

Offering or giving a financial advantage is a crucial component of active bribery, as it signifies the proactive role of the individual attempting to secure improper benefits or actions from the recipient. This distinguishes it from other related activities, such as soliciting or receiving advantages, which are encompassed under different aspects of bribery legislation.

In this context, while soliciting a financial advantage might involve requesting or encouraging bribery, it does not encapsulate the act of directly offering or providing benefits that constitutes active bribery. Similarly, receiving a financial advantage refers to the acceptance of a bribe, which pertains to passive bribery. Disclosing information about bribery simply involves reporting and does not relate to the act of bribery itself. Therefore, the correct understanding of active bribery is centered on the act of offering or giving a financial advantage, making it a distinct and prosecutable offense under the Bribery Act 2010.