Evaluation of the development of the offence of bribery as a corporate crime in the United Kingdom

This article evaluates whether the Economic Crime and Corporate Transparency Act 2023 effectively resolves the long-standing barriers to prosecuting bribery as a corporate offence under United Kingdom law. It situates the Act within the international and domestic development of anti-bribery frameworks, in particular the Bribery Act 2010, and analyses the evolution of the identification principle, a doctrine that has historically restricted corporate liability by requiring prosecutors to identify a company's “directing mind and will.” The article argues that although the Act broadens the definition of senior management, practical enforcement challenges persist, with small and medium sized enterprises affected disproportionately compared to large corporations. Specifically, it claims that in relation to the offence of bribery as a corporate crime, the earlier enacted Bribery Act 2010 is sufficient to assist the prosecution with its “failure to prevent” bribery provision. This article concludes, that strengthening institutional capacity within the Serious Fraud Office (SFO) may prove more effective in improving the enforcement outcomes in relation to the offence of bribery.