Under s7 Bribery Act 2010, a commercial organisation commits an offence if a person associated with it bribes another person intending to obtain or retain business for the organisation. What defence is available to the organisation?

Correct answer: C) That it had adequate procedures in place designed to prevent persons associated with it from undertaking such conduct

Explanation

Section 7 creates a strict liability corporate offence of failing to prevent bribery, with a single defence of having adequate procedures in place. Lack of knowledge by senior management is not a defence, and the Act has extensive extra-territorial reach. Unlike some other jurisdictions, the Bribery Act 2010 contains no exemption for facilitation payments.