COMBATING CORRUPTION: SOME REFLECTIONS ON THE USE OF THE OFFENCE AND THE TORT OF MISCONDUCT/MISFEASANCE IN A PUBLIC OFFICE

Abstract

After several years of controversy and uncertainty, on 8 April 2010 the Bribery Act 2010 received the Royal Assent. The Act swept away the unsatisfactory, fragmented and complex corruption offences at common law and under the Prevention of Corruption Acts 1889-1916 and in their place created two general corruption offences (the offence of bribing another person and the offence of being bribed, each of which may be committed in the public or private sector), a discrete offence of the bribery of a foreign public official and an entirely new offence of failure by a commercial organisation to prevent a bribe being paid.