Other provisions about offences

13Defence for certain bribery offences etc.

1

It is a defence for a person charged with a relevant bribery offence to prove that the person's conduct was necessary for—

a

the proper exercise of any function of an intelligence service, or

b

the proper exercise of any function of the armed forces when engaged on active service.

2

The head of each intelligence service must ensure that the service has in place arrangements designed to ensure that any conduct of a member of the service which would otherwise be a relevant bribery offence is necessary for a purpose falling within subsection (1)(a).

3

The Defence Council must ensure that the armed forces have in place arrangements designed to ensure that any conduct of—

a

a member of the armed forces who is engaged on active service, or

b

a civilian subject to service discipline when working in support of any person falling within paragraph (a),

which would otherwise be a relevant bribery offence is necessary for a purpose falling within subsection (1)(b).

4

The arrangements which are in place by virtue of subsection (2) or (3) must be arrangements which the Secretary of State considers to be satisfactory.

5

For the purposes of this section, the circumstances in which a person's conduct is necessary for a purpose falling within subsection (1)(a) or (b) are to be treated as including any circumstances in which the person's conduct—

a

would otherwise be an offence under section 2, and

b

involves conduct by another person which, but for subsection (1)(a) or (b), would be an offence under section 1.

6

In this section—

  • “active service” means service in—

    1. a

      an action or operation against an enemy,

    2. b

      an operation outside the British Islands for the protection of life or property, or

    3. c

      the military occupation of a foreign country or territory,

  • “armed forces” means Her Majesty's forces (within the meaning of the Armed Forces Act 2006),

  • “civilian subject to service discipline” and “enemy” have the same meaning as in the Act of 2006,

  • “GCHQ” has the meaning given by section 3(3) of the Intelligence Services Act 1994,

  • “head” means—

    1. a

      in relation to the Security Service, the Director General of the Security Service,

    2. b

      in relation to the Secret Intelligence Service, the Chief of the Secret Intelligence Service, and

    3. c

      in relation to GCHQ, the Director of GCHQ,

  • “intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ,

  • “relevant bribery offence” means—

    1. a

      an offence under section 1 which would not also be an offence under section 6,

    2. b

      an offence under section 2,

    3. c

      an offence committed by aiding, abetting, counselling or procuring the commission of an offence falling within paragraph (a) or (b),

    4. d

      an offence of attempting or conspiring to commit, or of inciting the commission of, an offence falling within paragraph (a) or (b), or

    5. e

      an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence falling within paragraph (a) or (b).