Prevention of Corruption - Legal Affairs

1 Prevention OF Corruption ACTCHAPTER 11:11 LAWS OF TRINIDAD AND TOBAGOC urrent Authorised PagesPagesAuthorised(inclusive)by Act11 of 1987 MINISTRY OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO2 Chap. 11:11 Prevention of CorruptionNote on Subsidiary LegislationThis Chapter contains no subsidiary OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER LAWS OF TRINIDAD AND TOBAGOP revention of CorruptionChap. 11:113 CHAPTER 11:11 Prevention OF Corruption ACTARRANGEMENT OF SECTIONSSECTION1. Short inconsistent with Corruption in office an Punishment of corrupt transactions with Offence to corruptly use or communicate official Penalty for Presumption of Corruption in certain Time for taking Powers of police to inspect financial records and other Saving Consent of Director of Public OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO4 Chap.

2 11:11 Prevention of CorruptionCHAPTER 11:11 Prevention OF Corruption ACTAn Act to provide for the Prevention of Corruption .[18TH MAY 1987]WHEREAS it is enacted by section 13(1) of the Constitution that anAct of Parliament to which that section applies may expresslydeclare that it shall have effect even though inconsistent withsections 4 and 5 of the Constitution and, if any Act does so declare,it shall have effect accordingly:And whereas it is provided in the said section 13(2) of theConstitution that an Act of Parliament to which that section appliesis one the Bill for which has been passed by both Houses ofParliament and at the final vote thereon in each House has beensupported by the votes of not less than three-fifths of all themembers of that House:And whereas it is necessary and expedient that the provisionsof this Act shall have effect notwithstanding sections 4 and 5 ofthe Constitution:1.

3 (1) This Act may be cited as the Prevention ofCorruption Act.(2) This Act shall have effect even though inconsistentwith sections 4 and 5 of the this Act advantage includes any office or dignity, and any forbearanceto demand any money or money s worth or valuable thing,and includes any aid, vote, consent, or influence, orpretended aid, vote, consent or influence, and also includesany promise or procurement of, or agreement or endeavourto procure or the holding out of any expectation of, any gift,loan, fee or reward;11 of OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER LAWS OF TRINIDAD AND TOBAGOP revention of CorruptionChap. 11:115 agent includes any person employed by or acting for anotherand any person serving under the State or other public bodyor holding a public office; consideration includes valuable consideration of any kind; principal includes an employer; public body includes the Cabinet, the House of Representatives,the Senate, the Tobago House of Assembly, local, statutoryand public authorities of all descriptions and all StateEnterprises and the Boards thereof; public office means any office or employment of a person as amember, officer or servant of a public body.

4 State Enterprises means all enterprises referred to in section119(9) of the (1) Every person who, by himself or by or in conjunctionwith any other person, corruptly solicits or receives, or agrees toreceive, for himself or for any other person, any gift, loan, fee,reward, or advantage whatsoever, as an inducement to, or rewardfor, or otherwise on account of, an agent doing or forbearing to doanything in respect of any matter or transaction whatsoever, actualor proposed, in which the State or a public body is concerned, isguilty of an offence.(2) Every person who, by himself or by or in conjunctionwith any other person, corruptly gives, promises or offers any gift,loan, fee, reward, or advantage whatsoever, to any person, whetherfor the benefit of that person or of another person, as an inducementto, or reward for, or otherwise on account of, an agent doing orforbearing to do anything in respect of any matter or transactionwhatsoever, actual or proposed, in which the State or a public bodyis concerned, is guilty of an person who (a)being an agent, corruptly accepts or obtains, oragrees to accept or attempts to obtain, from anyperson, for himself or for any other person, anygift or consideration as an inducement or rewardCorruption inoffice ofcorrupttransactionswith OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO6 Chap.

5 11:11 Prevention of Corruptionfor doing or forbearing to do, or for having afterthe commencement of this Act done or forborneto do, any act in relation to his principal s affairsor business, or for showing or forbearing to showfavour or disfavour to any person in relation tohis principal s Affairs or business;(b)corruptly gives or agrees to give or offers any giftor consideration to any agent as an inducement orreward for doing or forbearing to do, or for havingafter the commencement of this Act done orforborne to do, any act in relation to his principal saffairs or business, or for showing or forbearing toshow favour or disfavour to any person in relationto his principal s Affairs or business; or(c)knowingly gives to an agent, or being an agentknowingly uses, with intent to deceive his principal,any receipt, account, or other document, in respectof which the principal is interested, and whichcontains any statement which is false or erroneousor defective in any material particular, and which tohis knowledge is intended to mislead the principal,is guilty of an (1) Any person who being an agent (a)corruptly uses official information for the purposeof obtaining any gift, loan, fee, reward oradvantage whatsoever for himself or any otherperson; or(b)corruptly communicates official information toany other person with a view of enabling anyperson to obtain any gift, loan, fee, reward oradvantage whatsoever,is guilty of an offence.

6 (2) For the purposes of this section official information means any fact or document which comes to a person s knowledgeor into his possession by virtue of his position as a person servingunder the State or being a member of a public body or holdingany other public tocorruptly use OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER LAWS OF TRINIDAD AND TOBAGOP revention of CorruptionChap. 11:1176.(1) A person who commits an offence under section 3,4 or 5, notwithstanding section 100(5) of the Summary CourtsAct, is liable, whether upon summary conviction or uponconviction on indictment, to a fine of five hundred thousanddollars and to imprisonment for ten years and, in addition, shall beordered to pay to such public body and in such manner as theCourt directs, the amount or value of any gift, loan, fee, or rewardreceived by him. Such person shall also be adjudged foreverincapable of being elected or appointed as a member of a publicbody or of holding any other public office and shall forfeit anysuch office held by him at the time of his conviction.

7 (2) In the event of a second conviction for a like offencesuch person shall, in addition to the foregoing penalties,notwithstanding section 15 of the Representation of the PeopleAct, be adjudged to be incapable for seven years of beingregistered as an elector, or voting at any election of members ofany public body.(3) If such person is an officer or servant in the employof any public body, upon such conviction, he shall at the discretionof the Court be liable to forfeit his right to claim to any compensationor pension to which he would otherwise have been , in any proceedings against a person for an offenceunder this Act, it is proved that any money, gift, or otherconsideration has been paid or given to or received by an agent byor from a person, or his representative, holding or seeking to obtaina contract from the State or any Government department or publicbody, the money, gift, or consideration shall be deemed to havebeen paid or given and received corruptly, as such inducement orreward as is mentioned in this Act.

8 Unless the contrary is instituted with a view to obtaining asummary conviction for an offence under this Act may becommenced at any time within one year after the first discoveryof the offence by the (1) If a Judge in Chambers is satisfied on an ex parteapplication made by the Director of Public Prosecutions andsupported by evidence on affidavit that there is reasonable causeto believe that a person has committed an offence under this Act,Penalty 4 2 ofcorruption incertain for of policeto inspectfinancial recordsand OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO8 Chap. 11:11 Prevention of Corruptionthe Judge may make an order authorising any police officer notbelow the rank of inspector to enter and search any premises namedin the order with such assistance as may be necessary and to inspectand make copies (a)of the relevant financial records of suchperson; and(b)of such other relevant documents as may bespecified in the order.

9 (2) Where an order is made under subsection (1) and theJudge is satisfied that there is reasonable cause for so doing, hemay make a further order authorising the police officer to enterand search any premises named in the order with such assistanceas may be necessary and to inspect and make copies (a)of the relevant financial records of the spouse ofthe person against whom the order is made; and(b)of such other relevant documents as may bespecified in the person shall not be exempt from punishment underthis Act by reason of the invalidity of the appointment or electionof a person as a member of a public body or to hold any otherpublic prosecution for an offence under this Act shall not beinstituted except by or with the consent of the Director ofPublic ofDirector OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016