General bribery offences
2Offences relating to being bribed
1
A person (“R”) is guilty of an offence if any of the following cases applies.
2
Case 3 is where R requests, agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly (whether by R or another person).
3
Case 4 is where—
a
R requests, agrees to receive or accepts a financial or other advantage, and
b
the request, agreement or acceptance itself constitutes the improper performance by R of a relevant function or activity.
4
Case 5 is where R requests, agrees to receive or accepts a financial or other advantage as a reward for the improper performance (whether by R or another person) of a relevant function or activity.
5
Case 6 is where, in anticipation of or in consequence of R requesting, agreeing to receive or accepting a financial or other advantage, a relevant function or activity is performed improperly—
a
by R, or
b
by another person at R’s request or with R’s assent or acquiescence.
6
In cases 3 to 6 it does not matter—
a
whether R requests, agrees to receive or accepts (or is to request, agree to receive or accept) the advantage directly or through a third party,
b
whether the advantage is (or is to be) for the benefit of R or another person.
7
In cases 4 to 6 it does not matter whether R knows or believes that the performance of the function or activity is improper.
8
In case 6, where a person other than R is performing the function or activity, it also does not matter whether that person knows or believes that the performance of the function or activity is improper.