Criminal Justice (Corruption Offences) Act 2018

6

Active and passive trading in influence

6. (1) A person who, either directly or indirectly, by himself or herself or with another person—

(a) corruptly offers, or

(b) corruptly gives or agrees to give,

a gift, consideration or advantage in order to induce another person to exert an improper influence over an act of an official in relation to the office, employment, position or business of the official shall be guilty of an offence.

(2) A person who, either directly or indirectly, by himself or herself or with another person—

(a) corruptly requests,

(b) corruptly accepts or obtains, or

(c) corruptly agrees to accept,

for himself or herself or for any other person, a gift, consideration or advantage on account of a person promising or asserting the ability to improperly influence an official to do an act in relation to the office, employment, position or business of the official shall be guilty of an offence.

(3) For the purposes of subsections (1) and (2), it is immaterial whether or not—

(a) the alleged ability to exert an improper influence existed,

(b) the influence is exerted,

(c) the supposed influence leads to the intended result, or

(d) the intended or actual recipient of the gift, consideration or advantage is the person whom it is intended to induce to exert influence.