Section 28Part 5 — Guidelines and Operational Procedures
Operations of the Commission
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The Commission may issue guidelines setting out —
the forms and procedures for making a report of a corruption offence; and
the operational procedures in connection with disclosures made to the Commission under this Act.
The Commission —
shall from time to time review any guidelines issued under subsection (1); and
may issue an amendment or revocation of the guidelines.
The Commission shall, without charge, make available for inspection at such offices as it may determine all guidelines issued under subsection (1) and all amendments to and revocations of the guidelines.
Where the Commission has reason to suspect the commission of an offence under this Act following a report made under this Act or information otherwise received by it, the Commission shall direct an investigating officer to carry out an investigation and for such purpose the investigating officer may exercise all the powers of investigation provided for under this Act and the Criminal Procedure Code (2021 Revision).
A copy, which is certified by an investigating officer, of a report or of an entry under this Act shall be admissible as evidence of the contents of the original and of the time, place and manner in which the report or entry was recorded.
Where, pursuant to subsection (4), the Commission directs an investigating officer to carry out an investigation, if, after consultation with the Director of Public Prosecutions, the investigating officer is satisfied that —
the complaint is trivial, frivolous, vexatious or not made in good faith; or
the investigation would be unnecessary, improper or futile, the investigating officer may recommend to the Commission that it decline to conduct an investigation into any report alleging an offence under this Act or to proceed further with any investigation.
Where, in accordance with subsection (6), the investigating officer wishes to recommend to the Commission that it decline to conduct an investigation into any report alleging an offence under this Act or to proceed further with any investigation —
the investigating officer shall —
inform the Commission in writing of the recommendation; and
provide the Commission with the reasons for the recommendation and a statement indicating that the Director of Public Prosecutions was consulted prior to the recommendation being made; and
the Commission, after reviewing the submissions referred to under paragraph (a) —
may, in its discretion, follow the recommendation and, if it does so, the Commission may, in its discretion, inform the complainant or the subject of the complaint, in writing of its decision; and
shall not be bound to give reasons for its decision.
Cross References
- Section of Criminal Procedure Code
Criminal Procedure Code (2021 Revision)