s.40Authorisations by the Governor for the security of the Islands
40
Section 40Part 8 — General

Authorisations by the Governor for the security of the Islands

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Subsection (2) applies if, apart from that subsection, a person would commit a corruption offence in doing an act or making an omission.
The person referred to in subsection (1) ("an agent provocateur") does not commit a corruption offence if the act or omission done or made is authorised to be done or made by virtue of an authorisation given by the Governor.
The Governor may give an authorisation under subsection (2) only if the Governor is satisfied that the conditions in subsection (4) and (5) are met.
The first condition is that —
any acts or omissions which may be done or made in reliance on the authorisation will be necessary for the security of the Islands or for preventing or detecting indictable offences; or
the operation in the course of which any such acts or omissions may be done or made will be necessary for the proper discharge of such a function.
The second condition is that there are satisfactory arrangements in force to secure —
that no act or omission will be done or made in reliance on the authorisation beyond what is necessary for the security of the Islands or preventing or detecting indictable offences; and
that, in so far as any acts or omissions may be done or made in reliance on the authorisation, their nature and likely consequences will be reasonable, having regard to the purposes for which they are done or made.
An authorisation under subsection (2) may in particular —
relate to one or more specified acts or omissions, to acts or omissions of a specified description or to acts or omissions done or made in the course of a specified operation;
be limited to one or more specified persons of a specified description; or
be subject to specified conditions.
In this section, the word "specified" means specified in the authorisation.

Defined Terms

corruption offenceagent provocateurauthorisationindictable offences

Cross References

Referenced By