Criminal Justice (Scotland) Act 2003

Part 9Bribery and corruption

68Bribery and corruption: foreign officers etc.

(1)In determining whether actings which consist of offering or accepting a bribe constitute a crime at common law, it is immaterial that the functions of the person who receives or is offered the bribe—

(a)have no connection with;

(b)are carried out in a country or territory outwith,

the United Kingdom.

(2)The enactments mentioned in subsections (2) to (4) of section 108 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (bribery and corruption: foreign officers etc.) are respectively amended as provided for in those subsections.

69Bribery and corruption committed outwith UK

(1)This section applies in a case where a national of the United Kingdom, a Scottish partnership or a body incorporated under the law of any part of the United Kingdom, does anything in a country or territory outwith the United Kingdom which, if done in Scotland, would constitute—

(a)as a crime at common law, bribery or accepting a bribe; or

(b)an offence mentioned in subsection (3).

(2)In such a case—

(a)the thing done constitutes the crime or offence in question;

(b)where the thing done is done by a Scottish partnership and is proved to have been done with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the crime or offence so constituted and is liable to be proceeded against and punished accordingly; and

(c)subsection (3) of section 11 of the 1995 Act (jurisdiction in relation to certain offences committed outwith Scotland) is to apply in respect of that national, partnership, partner or body as if the crime or offence were an offence to which that section applies.

(3)The offences are—

(a)those under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in office); and

(b)the first two offences under section 1 of the Prevention of Corruption Act 1906 (c. 34) (bribes obtained by or given to agents).

(4)In subsection (1), “national of the United Kingdom” means an individual who is—

(a)a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

(b)a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

(c)a British protected person within the meaning of that Act.