The police have accused you of offering, giving, asking for or receiving a benefit to influence someone’s conduct. You may be wondering: what happens next?
Bribery offences can be extremely serious. They can involve money, gifts, employment opportunities, services or other benefits and may arise in business, employment or dealings with public officials. Being accused of bribery does not necessarily mean that you have committed a criminal offence. The prosecution must prove the specific elements of the offence beyond a reasonable doubt, including the required intention behind the alleged benefit.
If you are being investigated for or charged with bribery, it is important to obtain legal advice as soon as possible.
What is bribery?
Bribery generally involves providing, offering, requesting or receiving a benefit with the intention of improperly influencing another person’s conduct.
A bribe does not necessarily have to involve cash. Depending on the circumstances, it may involve:
- Money or financial payments.
- Gifts or valuable items.
- Employment or business opportunities.
- Free services or other advantages.
- Hospitality or entertainment.
- Preferential treatment.
For example, a person may be accused of offering an employee money to favour a particular business, or an employee may be accused of accepting a benefit in exchange for acting in a particular way in connection with their employer’s affairs.
Importantly, not every payment, gift or benefit is a bribe. The circumstances surrounding the benefit and the intention behind it are critical.
Bribery offences in NSW
Bribery can be dealt with under different laws depending on the circumstances.
One of the key provisions is s 249B of the Crimes Act 1900 (NSW), which concerns the corrupt giving or receiving of benefits in relation to the affairs or business of an agent’s principal.
The offence can apply where a person is alleged to have:
- Given or offered a benefit to an agent;
- Received or solicited a benefit as an agent; or
- Given or offered a benefit to influence an agent’s conduct.
The precise elements depend on the conduct alleged and the subsection charged.
Bribery allegations can also involve other NSW or Commonwealth offences, particularly where they concern public officials, government processes, or conduct involving foreign public officials.
What must the prosecution prove?
If you are charged with bribery, the prosecution must prove the elements of the offence beyond a reasonable doubt.
Depending on the charge, this may involve proving:
- A benefit was given, offered, solicited or received.
- The person involved had the relevant relationship or position required by the offence.
- The benefit related to conduct or affairs.
- The person had the required intention.
- The conduct was corrupt or otherwise met the requirements of the relevant offence.
The prosecution cannot simply establish that money or another benefit changed hands. It must prove the specific criminal elements required by the legislation.
What happens if police investigate you for bribery?
Bribery investigations can involve extensive evidence gathering. Police or other authorities may examine financial transactions, bank accounts, emails, text messages, telephone records, business documents, contracts and other communications.
They may also interview people who are alleged to have given or received a benefit or who may have knowledge of the circumstances. You may be contacted and asked to attend a police interview. You should obtain legal advice before agreeing to participate in an interview.
Should I speak to the police?
If police approach you about an alleged bribery offence, you may feel that explaining your side of the story will resolve the situation. However, anything you say to the police may become evidence. You should obtain legal advice before answering substantive questions about an alleged bribery offence. Your lawyer can explain your rights and advise you about whether participating in an interview is appropriate in your circumstances.
The importance of the intention behind the benefit
One of the most important issues in many bribery allegations is why the benefit was provided or received. A payment or gift may have a legitimate explanation.
For example, a person may make a payment as part of an ordinary commercial transaction, provide a gift as part of a genuine business relationship or offer hospitality without intending to improperly influence another person’s conduct.
The prosecution must establish the relevant intention required by the offence. This means that the surrounding circumstances can be critical to your case.
What are the penalties for bribery?
Bribery offences can result in significant criminal penalties.
The maximum penalty depends on the offence, the legislation under which you are charged and the circumstances of the alleged conduct.
A court may consider matters including:
- The nature and seriousness of the conduct.
- The value and nature of the benefit.
- The person’s role in the conduct.
- Whether there was a breach of trust.
- Whether the conduct was repeated or isolated.
- The person’s prior criminal history.
- Whether an early guilty plea was entered.
- The person’s prospects of rehabilitation.
Pleading not guilty
If you plead not guilty, the prosecution must prove its case beyond a reasonable doubt.
Depending on the circumstances, your lawyer may examine whether:
- A benefit was given, offered, requested or received.
- The alleged benefit was provided for a legitimate purpose.
- The required intention can be established.
- The accused was responsible for the alleged conduct.
- The reliability of the evidence.
- The communications have been interpreted correctly.
There may also be issues concerning how the evidence was obtained or its admissibility and reliability. A defence will depend entirely on the allegations and evidence in your individual case.
You can read more information about pleading not guilty here.
Pleading guilty
If you decide to plead guilty to a bribery offence, it is important to properly prepare your case for sentencing. Your lawyer can assist by preparing sentencing submissions addressing your personal circumstances, level of involvement, criminal history, remorse, rehabilitation and any other relevant mitigating factors.
Depending on the circumstances, your lawyer may also negotiate with the prosecution regarding the charge or agreed facts. An early guilty plea may result in a reduction in sentence, subject to the applicable sentencing law.
You can read more about pleading guilty here.
We can help you
At Australian Criminal Law Group, we offer a free first consultation. This is an excellent opportunity to meet one of our experienced and proven criminal lawyers face-to-face,
share the details about the case and ask any questions you or they might have. All first consultations are obligation-free and conducted in the strictest confidence. You can read more about our first free consultation here.
Our team of criminal lawyers has 500+ 5-star reviews on Google and 60 years of combined experience, with each lawyer having 5 to 20 years of criminal law experience.
You can read our reviews here. Contact us now if you are being investigated for or have been charged with a bribery offence in NSW.