Last Updated: 24 May 2019

[PB 11] Giver and acceptor of bribe to be guilty notwithstanding that purpose not carried out etc11 

11
(1) If, in any proceedings for an offence under any section in this Part, it is proved that the accused accepted any advantage, believing or suspecting or having grounds to believe or suspect that the advantage was given as an inducement to or reward for or otherwise on account of his or her doing or forbearing to do, or having done or forborne to do, any act referred to in that section, it shall be no defence that—
  • (a)he or she did not actually have the power, right or opportunity so to do or forbear;
  • (b)he or she accepted the advantage without intending so to do or forbear; or
  • (c)he or she did not in fact so do or forbear.
(2) If, in any proceedings for an offence under any section in this Part, it is proved that the accused offered any advantage to any other person as an inducement to or reward for or otherwise on account of that other person's doing or forbearing to do, or having done or forborne to do, any act referred to in that section, believing or suspecting or having reason to believe or suspect that such other person had the power, right or opportunity so to do or forbear, it shall be no defence that such other person had no such power, right or opportunity.