( Adopted on 13 September 2007.)

PART 2 – FUNCTIONS OF COMMISSIONER

DIVISION 1 – FUNCTIONS GENERALLY

10. Principal Functions
(1). The function of the Commissioner shall be to investigate instances of alleged or suspected corrupt conduct referred to it by any person or authority or which has come to its attention whether by complaint or otherwise and to take such steps as may be necessary for the eradication or suppression of corrupt conduct.
(2). Without prejudice to the generality of subsection (1) it shall be the function of the Commissioner —

(a). to examine the practices and procedures of government ministries, departments and other public bodies in order to secure a revision of those practices and procedures which in the opinion of the Commissioner may lead to corrupt conduct and to advise the heads of such ministries, departments and other public bodies thereon;

(b). to instruct, advise, and assist any person or authority on ways in which corrupt conduct may be reduced or eliminated;

(c). to educate the public against the evils of corrupt conduct; and

(d). to enlist and foster public support in combating corrupt conduct.

11. Co-operation with other agencies
(1). The Commissioner shall work in co-operation with law enforcement agencies including the Attorney General, the Auditor General, the Police Commander and such other persons and bodies as the Commissioner thinks appropriate.
(2). If the Commissioner specifies that information is confidential, it is subject to the secrecy provisions under this Act.
12. Court proceedings
(1). Notwithstanding any proceedings that may be under investigation or may be in or before any court, tribunal, or other authority, the Commissioner may —

(a). commence, continue, discontinue or complete any investigation;

(b). furnish reports in connection with any investigation;

(c). do all such acts and things as are necessary or expedient for those purposes.

(2). If the proceedings are proceedings for an indictable offence and are conducted by or on behalf of the Crown, the Commissioner shall —

(a). ensure that the accused’s right to a fair trial is not prejudiced;

(b). ensure that, as far as practicable, the investigation is conducted in private during the currency of the proceedings;

(c). give directions restricting publication of evidence; and

(d). defer making a report to the Legislative Assembly in relation to the investigation during the currency of the proceedings.

13. Incidental powers
The Commissioner has power to do all things necessary to be done for or in connection with, or reasonably incidental to, the exercise of his functions.

DIVISION 2 – INVESTIGATIONS

14. Investigations generally
(1). The Commissioner may –

(a). conduct an investigation on its own initiative, on a complaint, report or on a reference made to it even though no particular public official or other person has been implicated;

(b). in considering whether or not to conduct, continue or discontinue an investigation, have regard to such matters as it thinks fit, including whether or not (in the Commissioner’s opinion) –

(i). the subject-matter of the investigation is trivial;

(ii). the conduct concerned occurred at too remote a time to justify investigation; or

(iii). if the investigation was initiated as a result of a complaint, the complaint was frivolous, vexatious or not in good faith.

(2). The Commissioner shall inform the complainant or officer who made the report of its decision and the reasons for it, in writing.
15. Preliminary investigations
A preliminary investigation may be made for the purpose of assisting the Commissioner-

(a). to discover or identify conduct that might be made the subject of a more complete investigation under this Act; or

(b). to decide whether to make particular conduct the subject of a more complete investigation under this Act.

16. Power to obtain information
(1). The Commissioner may, by notice in writing served on a public authority or public official, require the authority or official to produce a statement of information.
(2). A notice under this section shall-

(a). specify or describe the information concerned;

(b). fix a time and date for compliance;

(c). specify the person to whom the production is to be made; and

(e). provide that the requirement may be satisfied by some other person acting on behalf of the public authority or public official.

17. Power to require attendance and obtain documents
The Commissioner may, by notice in writing served on a person (whether or not a public authority or public official), require the person to-

(a). attend, at a time and place specified in the notice, before a person (being the Commissioner or any other officer of the Commissioner) specified in the notice; and

(b). produce at that time and place to the person so specified any document or other thing specified in the notice.

18. Power to enter public premises
(1). The Commissioner or an officer authorised in writing by it may in pursuance of an investigation under this Act –

(a). enter and inspect any premises occupied or used by a public authority or public official in that capacity;

(b). inspect any document or other thing in or on the premises;

(c). take copies of any document in or on the premises; and

(d). remove any computer or device containing electronic information.

(2). The public authority or public official shall make available to the Commissioner or authorised officer such facilities as are necessary to enable the powers conferred by this section to be exercised.
19. Privilege as regards information, documents
(1). A person shall comply with the requirement under this Act to produce any statement, information, document or other thing notwithstanding-

(a). any rule which in proceedings in a court of law might justify an objection to compliance with a like requirement on grounds of public interest;

(b). any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law; or

(c). any duty of secrecy or other restriction on disclosure applying to a public authority or public official.

20. Privilege as regards entry on public premises
The powers of entry, inspection or copying under this Act may be exercised notwithstanding-

(a). any rule of law which, in proceedings in a court of law, might justify an objection to an inspection of the premises or to production of the document or other thing on grounds of public interest;

(b). any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law; or

(c). any duty of secrecy or other restriction on disclosure applying to a public authority or public official.

21. Injunctions
(1). The Commissioner, may apply for an injunction restraining any conduct in which a person (whether or not a public authority or public official) is engaging or in which such a person appears likely to engage, if the conduct is the subject of, or affects the subject of, an investigation.
(2). The Commissioner shall not be required, as a condition for the granting of an injunction, to give any undertaking as to damages.
22. Exercisable powers
Powers may be exercised under this Division in relation to an investigation whether or not a compulsory examination or public inquiry before the Commissioner is being held for the purposes of the investigation.

DIVISION 3 – COMPULSORY EXAMINATION AND INQUIRIES

23. Compulsory examinations
(1). The Commissioner may, if it is satisfied that it is in the public interest, conduct a compulsory examination which shall be conducted by the Commissioner or by an officer of the Commissioner.
(2). A person required to attend a compulsory examination is entitled to be informed, before the compulsory examination, of the nature of the allegation or complaint being investigated.
(3). A compulsory examination is to be conducted in private, and with as little emphasis on an adversarial approach as possible.
(4). The Commissioner may advise a person required to attend a compulsory examination of any findings it has made or opinions it has formed as a result of the compulsory examination.
24. Public inquiries
(1). The Commissioner may, if it is satisfied that it is in the public interest, conduct a public inquiry.
(2). Factors to be taken into consideration in determining the public interest may include the following-

(a). the benefit of exposing corrupt conduct;

(b). the seriousness of the allegation or complaint;

(c). any risk of undue prejudice to a person’s reputation;

(d). whether the public interest in exposing the matter is outweighed by the public interest in preserving the privacy of the persons concerned.

(3). A public inquiry is to be conducted by the Commissioner or by an officer of the Commissioner.
(4). The person presiding shall-

(a) announce the general scope and purpose of the inquiry;

(b) inform the person required to attend before the inquiry-

(i). of the general scope and purpose of the public inquiry; and

(ii). the nature of the allegation or complaint being investigated.

(5). A failure to comply with subsection (4) shall not invalidate or otherwise affect the public inquiry.
(6). Notwithstanding subsection (1), the Commissioner may decide to hold part or all of the inquiry in private if it considers this to be in the public interest.
25. Directions to appear
The Commissioner may give directions as to the persons who may be present at a compulsory examination or any part of a public inquiry that is held in private.
26. Right of appearance
The Commissioner may authorise a person to appear at the public inquiry or a specified part of the public inquiry if it is satisfied that such person has a direct interest.
27. Legal representation
(1). The Commissioner may allow representation by a law practitioner at the compulsory examination or public inquiry of-

(a). a person giving evidence at the compulsory examination or public inquiry; or

(b). a person with a direct interest.

(2). A law practitioner appointed by the Commissioner to assist it may appear before the Commissioner.
28. Evidence and procedure
(1). The Commissioner is not bound by the procedural and evidential rules of a court of law.
(2). The Commissioner shall exercise its functions with as little formality and technicality as is possible and may conduct compulsory examinations and public inquiries with little emphasis on an adversarial approach and accept written submissions.
29. Examination and cross-examination
A law practitioner authorised to appear at a compulsory examination or public inquiry, may, with the leave of the Commissioner, examine or cross-examine any witness on any relevant matter.
30. Power to summon witnesses and take evidence
(1). The Commissioner may summon a person to appear before the Commissioner at a compulsory examination or public inquiry at a time and place named in the summons to give evidence on oath and produce such documents or other exhibits as are referred to in the summons.
(2). A witness who has been summoned to attend before the Commissioner shall unless prevented by sickness-

(a). report daily unless excused from attendance by the person presiding at the compulsory examination or public inquiry; and

(b). be taken to have failed to appear before the Commissioner in obedience to the summons if, without leave of the person presiding, he fails to appear or leaves without being excused or released.

31. Arrest of witness
(1). The Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness if-

(a). the witness fails without lawful excuse to attend in answer to the summons; or

(b). it is satisfied by evidence on oath or affirmation that it is probable that a person whose evidence is relevant to an investigation under this Act —

(i). will not attend before the Commissioner to give evidence without being compelled to do so; or

(ii). is about to leave the Kingdom.

(2). The Commissioner is authorised to administer an oath or affirmation for the purposes of this section.
(3). A warrant under this section shall authorise the arrest of the witness and his being promptly brought before the Commissioner and detained for that purpose until released by order of the Commissioner or a judge.
(4). A warrant issued under this section may be executed by any member of the Police Force.
32. Conditional release of witness
(1). The Commissioner may by order release a witness on the following conditions —

(a). that the witness report to the Commissioner in person in accordance with the terms of the order; and

(b). the provision of sureties by the witness, the surrender of any passport held by the witness, or a requirement as to where the witness is to live and regular reporting by the witness to the Commissioner.

(2). The Commissioner may by order amend, revoke or add to those conditions.
33. Review by Supreme Court
A witness who has not been released by the Commissioner on conditions may apply to the Supreme Court for a review of the decision or the terms of the conditions.
34. Privilege of witnesses
(1). A witness summoned to attend or appear before the Commissioner at a compulsory examination or public inquiry shall-

(a). answer any question relevant to an investigation put to him by the Commissioner or other person presiding; or

(b). produce any document or other thing in his custody or control which the witness is required by the summons or by the person presiding to produce;

notwithstanding that the answer or production may incriminate or tend to incriminate the witness or be otherwise protected on the grounds of privilege, secrecy or any other restriction on disclosure.

(2). Evidence from a witness at a compulsory examination or public inquiry before the Commissioner is not admissible in evidence against the person in any civil or criminal proceedings or in any disciplinary proceedings.
35. Attendance of prisoner before Commissioner
If the Commissioner requires the attendance of a prisoner at a compulsory examination or public inquiry, it may, by order in writing served on the superintendent of the prison in whose custody the prisoner is held, direct the superintendent to produce the prisoner, at the time and place stated in the order.

DIVISION 4 – SEARCH WARRANTS

36. Issue of search warrant
The Commissioner, on application may issue a search warrant if it is satisfied that there are reasonable grounds for doing so.
37. Authority conferred by warrant
(1). A search warrant authorises any member of the Police Force, Commissioner’s investigator or any other person, named in the warrant to:

(a). enter the premises;

(b). search the premises or any person found on the premises for documents or other things connected with any matter that is being investigated under this Act; and

(c). seize any such documents or other things found in or on the person or premises and deliver them to the Commission.

(2) A female shall not be searched except by another female.
(3). A person executing a search warrant shall produce the warrant for inspection by an occupier of the premises if requested to do so by that occupier.
(4) A person authorised to enter premises under a search warrant may —

(a). use such force as is reasonably necessary for the purpose of entering the premises;

(b). if it is reasonably necessary, break open any receptacle in or on the premises for the purposes of the search.

38. Use of assistants to execute warrant
(1). In this section-“by day” means during the period between 6 am and 8 pm on any day. “by night” means during the period between 8 pm on any day and 6 am on the following day.
(2). A person may execute a search warrant —

(a). with the aid of such assistants as the person considers necessary, even though such assistants may not be specified in the warrant; and

(b). by day, and shall not execute by night unless specifically authorised by the warrant.

39. Expiry of warrant
A search warrant ceases to have effect-

(a). one month after its issue;

(b). if it is withdrawn by the person who issued the warrant; or

(c) when it is executed;

whichever first occurs.
40. Seizure pursuant to warrant – special provisions
(1). If a person in the course of executing a search warrant finds a document or other thing that he believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an indictable offence against the law of the Kingdom and that it is necessary to seize the document or other thing in order to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence, that person may seize the document or other thing for the purposes of this Act and it shall be deemed to have been seized pursuant to a warrant.
(2). The Commissioner may retain a document or other thing for as long as its retention is reasonably necessary for the purposes of an investigation and if retention of the document or other thing is not, or ceases to be, reasonably necessary for such purposes, he shall cause it to be delivered to-

(a). the person who is entitled to possession; or

(b). the Attorney General, with a recommendation as to what action should be taken in relation to the document or other thing.

DIVISION 5 – DISPOSAL OF PROPERTY

41. Disposal of property on application to court
(1). The Commissioner may apply to the Supreme Court for an order under this Division in relation to property to which it appears to the Commissioner that no person is lawfully entitled to.
(2). In determining an application under this section, the court may-

(a). order that the property be forfeited to the Crown;

(b). make any necessary incidental or ancillary orders; or

(c). make any other order it deems fit.

(3). Where the Court orders property to be forfeited to the Crown-

(a). if money, it is to be paid to the general revenue; or

(b). in any other case, it may be sold by or on behalf of the Commissioner at public auction and the proceeds of sale paid to the general revenue; or

(c). if the property is not money or is not fit or suitable for sale, or fails to sell at public auction, it is to be disposed of in accordance with the directions of the Commissioner.

(4). A person who is lawfully entitled to any property that has been dealt with in accordance with this Division may recover from the Treasurer the money or proceeds of sale held by the Treasurer.

DIVISION 6 – PROTECTION OF WITNESSES

42. Protection of witnesses and persons assisting Commissioner
(1). If it appears to the Commissioner that the safety of any person assisting the Commissioner may be prejudiced or that such person may be subjected to intimidation or harassment it may make such arrangement as are necessary —

(a). to protect the safety of any such person; or

(b). to protect any such person from intimidation or harassment.

(2). Any such arrangements may involve the Commissioner directing the Police Commander or a public authority or public official to —

(a). provide any protection referred to in subsection (1); or

(b). provide personnel or facilities or both to assist in providing that protection.

(3). The Police Commander, or such other authority or public official, is under a duty to comply with any such direction.
(4). A person who contravenes an order under this section without reasonable excuse commits an offence and upon conviction is liable to imprisonment not exceeding 3 years or fine not exceeding $10,000 or both.
43. Reimbursement of expenses of witnesses
A witness appearing before the Commissioner shall be paid, in respect of the expenses of the witness’s attendance, in accordance with the applicable scale for witnesses in the Supreme Court.

PART 3 – REFERRAL OF MATTERS BY COMMISSIONER

44. Referral
(1). The Commissioner may-

(a). at any stage of investigating a matter, refer the matter to any person or body considered by the Commissioner to be appropriate in the circumstances after appropriate consultation with that person or body;

(b). when referring a matter, recommend what action should be taken and the time within which it should be taken; and

(c). communicate any information which the Commissioner has obtained during the investigation of conduct connected with the matter.

(2). Any communication between the Commissioner and a person or body under this section shall be on the understanding that the communication is confidential and the person or body is subject to the secrecy provision of this Act.
45. Report to Commissioner
The Commissioner may, when referring a matter under this Act, require the relevant authority to submit a report or reports in relation to the matter and direct the nature of the report and the time for its submission.
46. Responsibility of relevant authority
A relevant authority shall comply with any requirement or direction of the Commissioner under this Act.
47. Reports of Commissioner
(1). If the Commissioner is not satisfied that a relevant authority has duly and properly taken action in connection with a matter referred under this Act, the Commissioner shall inform the relevant authority of the grounds of the Commissioner’s dissatisfaction and shall give the relevant authority an opportunity to comment within a specified time.
(2). The Commissioner may submit a report to the Minister for the relevant authority if it is not satisfied with the report and the grounds of dissatisfaction.
(3). If the Commissioner is still of the opinion that the recommendation should be adopted, the Commissioner may make a report to the Prime Minister if after considering the Minister’s comments it is still not satisfied with the action taken.
48. Revocation of referral or recommendation
The Commissioner may under this part –

(a). revoke a referral; or

(b). revoke or vary a recommendation, requirement or direction of the Commissioner.

49. Referral by Legislative Assembly
(1). The Legislative Assembly may, by resolution —

(a). refer to the Commissioner any matter which may in its opinion constitute corrupt conduct; and

(b). amend or revoke a reference made under this section.

(2). The Commissioner may investigate a matter referred to it.
(3). If the Commissioner decides not to investigate such a matter it shall report to the Legislative Assembly the reasons for its decision.
50. Reports on referred matters
(1). If the Commissioners investigates under section 49 he shall prepared a report on the investigation in relation to a matter referred to it by the Legislative Assembly and such report shall be furnished to the Speaker.
(2). A report made under this section shall be furnished as soon as possible after the Commissioner has concluded its involvement in the matter but such report may be deferred if the Commissioner is satisfied that it is desirable to do so in the public interest.
51. Content of reports to Parliament
(1). The Commissioner shall include in its report its findings, opinions and recommendations with reasons.
(2). The report shall include, in respect of each “affected” person, a statement as to whether or not in all the circumstances the Commissioner is of the opinion that consideration should be given to the following-

(a). obtaining the advice of the Attorney General with respect to the prosecution of the person for a specified criminal offence;

(b). taking action against the person for a specified disciplinary offence;

(c). taking action against the person as a public official on specified grounds, with a view to dismissing, dispensing with the services of or otherwise terminating the services of the public official.

(3). An “affected” person is a person described as such in the reference made by the Legislative Assembly or against whom, in the Commissioner’s opinion, substantial allegations have been made in the course of or in connection with the investigation concerned.
52. Report not to include findings of guilt or recommending prosecution
(1) The Commissioner shall not include in a report a statement as to —

(a). a finding or opinion that a specified person is guilty of committing or is about to commit a criminal offence or disciplinary offence; or

(b). a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence.

(2). A finding or opinion that a person has engaged, is engaging or is about to engage in a specified conduct that constitutes or involves or could constitute or involve corrupt conduct is not a finding or opinion that the person is guilty of or has committed, is committing or is about to commit a criminal offence or disciplinary offence.
53. Special reports
The Commissioner may, at any time, make a special report to the Speaker of the Legislative Assembly on any matter relating to the functions of the Commissioner.
54. Annual reports
(1). The Commissioner shall, within 3 months after each 30 June, prepare a report of its operations during the year ended on that 30 June and furnish such report to the Prime Minister for tabling in Privy Council and the Legislative Assembly.
(2). A report by the Commissioner under this section in relation to a year shall include–

(a). a description of the matters that were referred to it;

(b). a description of the matters investigated including the following details —

(i). the time interval between the lodging of each complaint and the decision to investigate the complaint;

(ii). the number of pending investigations;

(iii). the average time taken to deal with complaints and the actual time taken to investigate any matter;

(iv). the total number of compulsory examinations and public inquiries conducted during the year;

(v). the number of days spent during the year in conducting public inquiries;

(vi). the time interval between the completion of each public inquiry and the furnishing of a report on the matter;

(c). any recommendations for changes in the laws or for administrative action;

(d). the general nature and extent of any information furnished under this Act;

(e). the extent to which its investigations have resulted in prosecutions or disciplinary action;

(g). the number of search warrants issued;

(h). a description of its activities during that year in relation to its educational and advisory functions.

55. Commissioner’s recommendations
(1). The Commissioner may furnish to the Speaker of the Legislative Assembly a report setting out a recommendation which it is of the opinion should be adopted and the reasons for his opinion.
(2). Such a report shall not be furnished until after 21 days from the time a matter is referred to a Minister or an authority for comment or appropriate action under this Act.
56. Provisions relating to reports
(1). A copy of a report furnished to the Speaker of the Legislative Assembly under this Part shall be laid before the Legislative Assembly within 5 sitting days after it is received by the Speaker.
(2). The Commissioner may include in a report a recommendation that the report be made public forthwith.

PART 4 – OFFENCES

57. Obstruction
(1). A person shall not-

(a). wilfully obstruct, hinder, resist or threaten the Commissioner, an officer of the Commissioner, a law practitioner or other person authorised to act in the exercise of functions under this Act;

(b). refuse or wilfully fail to comply with any lawful requirement under this Act; or

(c). wilfully make any false statement to or mislead, or attempt to mislead or an officer of the Commissioner or disrupt a compulsory examination or public inquiry before the Commissioner.

(2). Any person who contravenes any provision of this section commits an offence and upon conviction be liable to imprisonment not exceeding 2 years or fine not exceeding $5000 or both.
58. Complaints
(1). A person shall not, in making a complaint under this Act, wilfully make any false statement to or mislead, or attempt to mislead, the Commissioner or an officer of the Commissioner.
(2). Any person who contravenes this section commits an offence and upon conviction is liable to imprisonment not exceeding 1 year or a fine not exceeding $2000 or both.
59. Offences relating to obtaining information
(1). A person shall not without reasonable excuse, fail to comply with a notice served on him under this Act.
(2). Any person who contravenes this section commits an offence and upon conviction is liable to imprisonment not exceeding 1 year or a fine not exceeding $2000 or both.
60. Obstruction of person executing search warrant
(1). A person shall not, without reasonable excuse, obstruct or hinder a person executing a search warrant.
(2). Any person who contravenes this section commits an offence and upon conviction is liable to imprisonment not exceeding 1 year or a fine not exceeding $2000 or both.
61. Failure to attend
(1). A person summoned to appear before the Commissioner at a compulsory examination or public inquiry shall not, without reasonable excuse, fail —

(a). to attend before the Commissioner in accordance with the summons;

(b). to be sworn or to make an affirmation;

(c). to answer any question relevant to an investigation put to the person by the Commissioner or other person presiding at the compulsory examination or public inquiry; or

(d). to produce any document or other thing in the person’s custody or control which the person is required by the summons or by the person presiding to produce.

(2). Any person who contravenes any provision of this section commits an offence and upon conviction is liable to imprisonment not exceeding 1 year or a fine not exceeding $2000 or both.
(3). It is a defence to a prosecution for failing without reasonable excuse to produce a document or other thing if the defendant establishes that the document or other thing was not relevant to an investigation.
62. False and misleading evidence
A person who, at a compulsory examination or public inquiry under this Act gives evidence that is false or misleading in a material particular knowing it to be false or misleading commits an offence and upon conviction is liable to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both.
63. Offences relating to documents
(1). A person who, knowing that any computer record, document or other thing is or may be required in connection with an investigation, wilfully deletes it, destroys it or renders it incapable of recovery or identification or, in the case of a document, renders it illegible, indecipherable or unusable, with intent to prevent it from being used in connection with the investigation, is guilty of an offence and upon conviction is liable to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both.
(2). A person who, with intent to delay or obstruct the carrying out by the Commissioner of any investigation:

(a). deletes, destroys or alters any computer record, document or other thing relating to the subject-matter of the investigation; or

(b). sends or attempts to send, or conspires with any other person to send, out of the Kingdom any such computer record, document or other thing, or any property of any description belonging to or in the disposition of or under the control of any person whose affairs are the subject-matter of the investigation;

is guilty of an offence and upon convict