Prevention of Bribery Act


Published: 1976-09-02

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Prevention of Bribery Act
PREVENTION OF BRIBERY [CH.88 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PREVENTION OF BRIBERY
CHAPTER 88

PREVENTION OF BRIBERY

ARRANGEMENT OF SECTIONS


PART I
PRELIMINARY


SECTION

1. Short title.
2. Interpretation.


PART II
OFFENCES


3. Bribery.
4. Bribery for giving assistance, etc., in regard to contracts.
5. Bribery for procuring withdrawals of tenders.
6. Bribery in relation to auctions.
7. Bribery of public servants by persons having dealings with public bodies.
8. Corrupt transactions with agents.
9. Giver and acceptor of advantage guilty notwithstanding that purpose not

carried out, etc.
10. Penalty for offences.


PART III
POWERS OF INVESTIGATION


11. Special powers of investigation.
12. Power to obtain information.
13. Powers of search, and to obtain assistance.


PART IV
EVIDENCE


14. Custom not to be a defence.
15. Admissibility of accused’s declarations and statements.
16. Evidence of pecuniary resources or property.
17. Burden of proof.
18. Presumption of corruption in certain cases.

CH.88 – 2] PREVENTION OF BRIBERY





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART V
MISCELLANEOUS


19. Frivolous, false or groundless complaints to be reported to the Attorney-General.
20. Costs of acquittal.
21. Offence of making a false report of the commission of offence, etc.
22. Offence to disclose identity, etc., of persons being investigated.
23. Consent of Attorney-General required for prosecution of offences under Part II.
24. Alternative convictions, and amending particulars.



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 88

PREVENTION OF BRIBERY
An Act to make further and better provision for the

prevention of bribery and corruption and for purposes
incidental thereto or connected therewith.

[Assent 13th August, 1976]
[Commencement 2nd September, 1976]

PART I
PRELIMINARY

1. This Act may be cited as the Prevention of
Bribery Act.

2. (1) In this Act, unless the context otherwise
requires —

“advantage” means —
(a) any gift, loan, fee, reward or commission

consisting of money or of any valuable
security or of other property or interest in
property of any description;

(b) any office, employment or contract;
(c) any payment, release, discharge or liquida-

tion of any loan, obligation or other
liability, whether in whole or in part;

(d) any other service, or favour (other than
entertainment), including protection from
any penalty or disability incurred or appre-
hended or from any action or proceedings
of a disciplinary, civil or criminal nature,
whether or not already instituted;

(e) the exercise of forbearance from the
exercise of any right or any power or duty;
and

(f) any offer, undertaking or promise, whether
conditional or unconditional, or any ad-
vantage within the meaning of any of the
preceding paragraphs (a), (b), (c), (d) and
(e);

9 of 1976

Short title.

Interpretation.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“agent” includes a public servant and any person
employed by or acting for another;

“child” includes a child who is illegitimate or
adopted, and a step-child;

“court” means the Supreme Court or a magistrate’s
court, as the case may be;

“entertainment” means the provision of food or
drink, for consumption on the occasion when it
is provided, and of any other entertainment
connected with, or provided at the same time as,
such provision;

“Government” means the Government of The
Bahamas;

“principal” includes —
(a) an employer;
(b) a beneficiary under a trust;
(c) a trust estate as though it were a person;
(d) any person beneficially interested in the

estate of a deceased person;
(e) the estate of a deceased person as though it

were a person; and
(f) in the case of an employee of a public

body, the public body;
“public body” means —

(a) the Government;
(b) a Ministry or Department of the Govern-

ment;
(c) the Senate or House of Assembly;
(d) a corporation established by Act of Parlia-

ment for public purposes or any subsidiary
company thereof registered under the Com-
panies Act;

(e) any board, commission, authority, commit-
tee or other body, whether paid or unpaid,
appointed by the Governor-General or a
Minister of the Government;

“public servant” means a public officer and any
employee or member of a public body, whether
temporary or permanent and whether paid or
unpaid.

Ch. 308.

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(2) For the purposes of this Act —
(a) a person offers an advantage if he, or any other

person acting on his behalf, directly or indirectly
gives, affords or holds out, or agrees, undertakes
or promises to give, afford or hold out, any
advantage to or in trust for any other person;

(b) a person solicits an advantage if he, or any other
person acting on his behalf, directly or indirectly
demands, invites, asks for or indicates
willingness to receive, any advantage, whether
for himself or for any other person; and

(c) a person accepts an advantage if he, or any other
person acting on his behalf, directly or indirectly
takes, receives or obtains, or agrees to take,
receive or obtain any advantage, whether for
himself or for any other person.

PART II
OFFENCES

3. (1) Any person who, without lawful authority or
reasonable excuse, offers any advantage to a public servant
as an inducement to or reward for or otherwise on account
of that public servant’s —

(a) performing or abstaining from performing, or
having performed or abstained from performing,
any act in his capacity as a public servant;

(b) expediting, delaying, hindering or preventing or
having expedited, delayed, hindered or
prevented, the performance of an act, whether
by that public servant or by any other public
servant in his or that other public servant’s
capacity as a public servant; or

(c) assisting, favouring, hindering or delaying, or
having assisted, favoured, hindered or delayed,
any person in the transaction of any business
with a public body,

shall be guilty of an offence.

Bribery.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Any public servant who, without lawful authority
or reasonable excuse, solicits or accepts any advantage as
an inducement to or reward for or otherwise on account of
his —

(a) performing or abstaining from performing, or
having performed or abstained from performing,
any act in his capacity as a public servant;

(b) expediting, delaying, hindering or preventing, or
having expedited, delayed, hindered or
prevented, the performance of an act, whether
by himself or by any other public servant in his
or that other public servant’s capacity as a public
servant; or

(c) assisting, favouring, hindering or delaying, or
having assisted, favoured, hindered or delayed,
any person in the transaction of any business
with a public body,

shall be guilty of an offence.
4. (1) Any person who, without lawful authority or

reasonable excuse, offers an advantage to a public servant as
an inducement to or reward for or otherwise on account of
such public servant’s giving assistance or using influence in,
or having given assistance or used influence in —

(a) the promotion, execution, or procuring of —
(i) any contract with a public body for the

performance of any work, the providing of
any service, the doing of any thing or the
supplying of any article, material or
substance; or

(ii) any subcontract to perform any work,
provide any service, do any thing or
supply any article, material or substance
required to be performed, provided, done
or supplied under any contract with a
public body; or

(b) the payment of the price, consideration or other
moneys stipulated or otherwise provided for in
any such contract or subcontract as aforesaid,

shall be guilty of an offence.

Bribery for
giving assistance,
etc., in regard to
contracts.

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(2) Any public servant who, without lawful
authority or reasonable excuse, solicits or accepts any
advantages as an inducement to or reward for or otherwise
on account of his giving assistance or using influence in, or
having given assistance or used influence in —

(a) the promotion, execution or procuring of; or
(b) the payment of the price, consideration or other

moneys stipulated or otherwise provided for in,
any such contract or subcontract as is referred to in
subsection (1) shall be guilty of an offence.

5. (1) Any person who, without lawful authority or
reasonable excuse, offers any advantage to any other
person as an inducement to or reward for or otherwise on
account of the withdrawal of a tender, or the refraining
from the making of a tender, for any contract with a public
body for the performance of any work, the providing of
any service, the doing of any thing or the supplying of any
article, material or substance shall be guilty of an offence.

(2) Any person who, without lawful authority or
reasonable excuse, solicits or accepts any advantage as an
inducement to or reward for or otherwise on account of the
withdrawal of a tender, or the refraining from the making
of a tender, for such a contract as is referred to in
subsection (1), shall be guilty of an offence.

6. (1) Any person who, without lawful authority or
reasonable excuse, offers any advantage to any other
person as an inducement to or reward for or otherwise on
account of that other person’s refraining or having
refrained from bidding at any auction conducted by or on
behalf of any public body shall be guilty of an offence.

(2) Any person who, without lawful authority or
reasonable excuse, solicits or accepts any advantage as an
inducement to or reward for or otherwise on account of his
refraining or having refrained from, bidding at any auction
conducted by or on behalf of any public body, shall be
guilty of an offence.

7. Any person who, without lawful authority or
reasonable excuse, while having dealings of any kind with
any public body, offers an advantage to any public servant
employed in or by that public body, shall be guilty of an
offence.

Bribery for
procuring
withdrawals of
tenders.

Bribery in
relation to
auctions.

Bribery of public
servants by
persons having
dealings with
public bodies.

CH.88 – 8] PREVENTION OF BRIBERY





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

8. (1) Any agent who, without lawful authority or
reasonable excuse, solicits or accepts any advantage as an
inducement to or reward for or otherwise on account of
his —

(a) doing or forbearing to do, or having done or
forborne to do, any act in relation to his
principal’s affairs or business; or

(b) showing or forbearing to show, or having shown
or forborne to show, favour or disfavour to any
person in relation to his principal’s affairs or
business,

shall be guilty of an offence.
(2) Any person who, without lawful authority or

reasonable excuse, offers any advantage to any agent as an
inducement to or reward for or otherwise on account of the
agent’s —

(a) doing or forbearing to do, or having done or
forborne to do, any act in relation to his
principal’s affairs or business; or

(b) showing or forbearing to show, or having shown
or forborne to show, favour or disfavour to any
person in relation to his principals affairs or
business,

shall be guilty of an offence.
(3) Any agent who, with intent to deceive his

principal, uses any receipt, account or other document —
(a) in respect of which the principal is interested;

and
(b) which contains any statement which is false or

erroneous or defective in any material particular;
and

(c) which to his knowledge is intended to mislead
the principal,

shall be guilty of an offence.
(4) For the purposes of subsections (1) and (2), the

permission of a principal to the soliciting or accepting of
any advantage by his agent shall, without prejudice to the
generality of the defence of lawful authority or reasonable
excuse, constitute a reasonable excuse.

Corrupt
transactions with
agents.

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9. (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 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 did not actually have the power, right or
opportunity so to do or forbear;

(b) he accepted the advantage without intending so
to do or forbear; or

(c) he 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.

10. Any person guilty of an offence under this Part
shall be liable —

(a) on conviction on information to a fine not
exceeding ten thousand dollars or to
imprisonment for a term not exceeding four
years or to both such fine and imprisonment; and

(b) on summary conviction, to a fine not exceeding
five thousand dollars or to imprisonment for a
term not exceeding two years or to both such
fine and imprisonment,

and shall be ordered to pay to such person or public body
and in such manner as the court directs, the amount or
value of any advantage received by him, or such part
thereof as the court may specify.

Giver and
acceptor of
advantage guilty
notwithstanding
that purpose not
carried out, etc.

Penalty for
offences.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART III
POWERS OF INVESTIGATION

11. (1) The Attorney-General, if satisfied that there
are reasonable grounds for suspecting that an offence under
this Act has been committed by any person, may, for the
purposes of an investigation into such offence, authorise in
writing any police officer of or above the rank of inspector or
any public servant specified in such authorisation, on the
production by him of the authorisation to request from any
person, subject to that person obtaining the written consent of
the person named or otherwise identified in such
authorisation, the production of any accounts, books,
documents, safe-deposit box or other article of or relating to
such person which may be required for the purpose of such
investigation and the disclosure of all or any information
relating thereto, and to take copies of such accounts and
books or of any relevant entry therein.

(2) Every authorisation given under subsection (1)
shall be deemed also to authorise the police officer or
public servant specified therein to request from any person
information as to whether or not at any bank, company or
other place there is any account, book, document, safe-
deposit box or other article liable to investigation,
inspection or production under such authorisation.

(3) Notwithstanding the provisions of any other law
to the contrary, where any person who, having been
lawfully requested under this section to disclose any
information or to produce any accounts, books, docu-
ments, safe-deposit box or other article to a police officer
or a public servant authorised under subsection (1), fails or
neglects or by reason of the absence of consent required
under subsection (1) is unable to comply with such request,
the Attorney-General may apply to the Supreme Court for
an order directing such person to comply with the request.

(4) Any person who falsely represents that an
appropriate authorisation has been given under subsection
(1) shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding five thousand
dollars or to imprisonment for a term not exceeding two
years or to both such fine and imprisonment.

Special powers of
investigation.

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12. (1) In the course of any investigation into, or
proceedings relating to, an offence alleged or suspected to
have been committed by any person under this Act, the
Attorney-General may by written notice request —

(a) such person to furnish to him a statutory
declaration or, as the Attorney-General sees fit,
a statement in writing, enumerating —

(i) the property, being property in such
categories or classes of property movable
or immovable, as may be specified in such
notice, belonging to or possessed by, or
which at any time during the year immedi-
ately preceding the date of such notice or
during such shorter period as may be
specified in such notice belonged to or
was possessed by, such person, his agents
or trustees, specifying in respect of each
property enumerated whether it is or was
possessed jointly (and, if so, with whom)
or severally; and specifying the date upon
which each such property was acquired
and whether by purchase, gift, bequest,
inheritance or otherwise, and, where it was
acquired by purchase, specifying the con-
sideration paid therefor; and in respect of
any property enumerated which has been
disposed of, whether by sale, gift or other-
wise, at any time during the year immedi-
ately preceding the date of the notice or
such shorter period as aforesaid,
specifying how and to whom the same was
disposed of and, where it was disposed of
by sale, specifying the consideration given
therefor;

(ii) all expenditure incurred by such person in
respect of himself, his spouse, parents or
children with regard to living expenses
and other private expenditure during any
period specified in such notice (not,
however, being a period commencing
earlier than one year from the date of the
notice);

Power to obtain
information.

CH.88 – 12] PREVENTION OF BRIBERY





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(iii) all liabilities incurred by such person, his
agents or trustees, at such time or during
such period as may be specified in such
notice (not, however, being a time or a
period commencing earlier than one year
from the date of the notice), and
specifying in respect of each such liability
whether it was incurred jointly (and, if so,
with whom) or severally;

(b) such person to furnish to the Attorney-General a
statement in writing of any money or other
property sent out of The Bahamas by him or on
his behalf during such period as may be
specified in the notice;

(c) any other person to furnish to the Attorney-
General a statement in writing enumerating the
property, being property in such categories or
classes of property, movable or immovable, as
may be specified in such notice, belonging to or
possessed by him, if the Attorney-General
believes that such information may assist the
investigation or proceedings;

(d) any other person whom the Attorney-General
believes to be acquainted with any facts relevant
to such investigation or proceedings to furnish to
him all information in his possession respecting
such matters as are specified in the notice or, as
the Attorney-General sees fit, to appear before
the person specified in the notice and to answer
orally on oath or affirmation any questions
relevant thereto; and, on demand by such other
person, to produce or deliver or otherwise
furnish to him the original or a copy of any
document in his possession or under his control
which, in the opinion of such person, may be
relevant to such investigation or proceedings; for
the purposes of this paragraph such person shall
have authority to administer any oath or take any
affirmation;

(e) the person in charge of any public body or any
department, office or establishment of any
public body to produce or furnish to him any


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document or a copy, certified by the person in
charge, of any public body to produce or furnish
to him any document or a copy, certified by the
person in charge, of any document which is in his
possession or under his control;

(f) the manager of any bank, subject to the manager
obtaining the written consent of such person, to
give to him copies of the accounts of such
person or of his spouse, parents or children at
the bank as shall be named in the notice.

(2) Without prejudice to the generality thereof, the
powers conferred by paragraph (d) of subsection (1)
include the power to request information from, and to
request the attendance for the purpose of answering
questions of —

(a) any person, or any employee of any person, who
has acted for or is acting for any party to any
particular land or property transaction; and

(b) any person, or any employee of any person, who
was concerned in the passing of any
consideration, brokerage, commission or fee, or
in the clearing or collection of any cheque or
other instrument of exchange, respecting any
particular land or property transaction,

as to any of the following matters, that is to say —
(i) the full names (including aliases) and

addresses of any of the persons referred to
in paragraphs (a) and (b) and any other
information in his possession which may
be helpful in identifying or locating any
such person;

(ii) any consideration, brokerage, commission
or fee paid or received in respect of or in
connection with any such land or property
transaction; and

(iii) the terms and conditions of any such land
or property transaction.

(3) A notice under subsection (1) shall be served on
the person to whom it is addressed either personally or by
sending it by registered post to his post office box (if
known) or in care of the Post Office (for general delivery).

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) Notwithstanding the provisions of any other law
to the contrary, where any person, other than the person
referred to in paragraphs (a) and (b) or subsection (1), on
whom a notice under subsection (1) is served fails or
neglects, or by reason of the absence of consent required
under subsection (1)(f) is unable, to comply with the terms
of that notice within such time as may be specified therein
or within such further time as the Attorney-General may, in
his discretion, authorise, the Attorney-General may apply
to the Supreme Court for an order directing such person to
comply with the terms of the notice.

13. (1) Any police officer of or above the rank of
inspector and any public servant conducting an
investigation into an offence alleged or suspected to have
been committed under this Act —

(a) may apply to any public servant or any other
person for assistance in the exercise of his powers
or the discharge of his duties under this Act;

(b) may for the purpose of such investigation, with
the written consent of the Attorney-General and
after obtaining a warrant from a magistrate and
with such assistance as may be necessary, enter
and search any office, registry or other room of
or used by a public body:

Provided that the Governor-General may by order
exempt any office, registry or room from entry and search
under the provisions of this paragraph.

(2) Any person who —
(a) when requested under paragraph (a) of subsection

(1) to render assistance, without reasonable
excuse neglects or fails to render such assistance;
or

(b) obstructs or resists any police officer or public
servant in the exercise of the powers of entry and
search conferred by paragraph (b) of subsection
(1),

shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding five thousand
dollars or to imprisonment for a term not exceeding two
years or to both such fine and imprisonment.

Powers of search,
and to obtain
assistance.

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PART IV
EVIDENCE

14. In any proceedings for an offence under this
Act, it shall not be a defence to show that any such
advantage as is mentioned in this Act is customary in any
profession, trade, vocation or calling.

15. In any proceedings against a person for an
offence under this Act —

(a) any statutory declaration or statement in writing
furnished by him in compliance or purported
compliance with the terms of a notice served
upon him under paragraph (a) or (b) of
subsection (1) of section 12 shall be admissible
in evidence, and, if such person tenders himself
as a witness, any such declaration or statement
may be used in cross-examination and for the
purpose of impeaching his credit;

(b) the fact of his failure in any respect to comply
with the terms of a notice served on him under
paragraph (a) or (b) of subsection (1) of section
12 may be adduced in evidence and made the
subject of comment by the court and the
prosecution.

16. (1) In any proceedings against a person for an
offence under Part II, the fact that the accused was, at or
about the date of or at any time since the date of, the
alleged offence, or is in possession, for which he cannot
satisfactorily account, of pecuniary resources or property
disproportionate to his known sources of income, or that he
had, at or about the date of or at any time since the date of
the alleged offence, obtained an accretion to his pecuniary
resources or property for which he cannot satisfactorily
account, may be proved and may be taken by the court —

(a) as corroborating the testimony of any witness
giving evidence in such proceedings that the
accused accepted or solicited any advantage; and

(b) as showing that such advantage was accepted or
solicited as an inducement or reward.

Custom not to be
a defence.

Admissibility of
accused’s
declarations and
statements.

Evidence of
pecuniary
resources or
property.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) For the purposes of subsection (1) a person
accused of an offence under Part II shall be presumed to be
or to have been in possession of pecuniary resources or
property, or to have obtained an accretion thereto, where
such resources or property are or were held, or such
accretion was obtained, by any other person whom, having
regard to his relationship to the accused or to any other
cirucmstances, there is reason to believe is or was holding
such resources or property or obtained such accretion in
trust for or otherwise on behalf of the accused or as a gift
from the accused.

17. In any proceedings against a person for an
offence under this Act, the burden of proving a defence of
lawful authority or reasonable excuse shall lie upon the
accused.

18. Where, in any proceedings for an offence under
section 3 or 4, it is proved that the accused gave or
accepted an advantage, the advantage shall be presumed to
have been given and accepted as such inducement or
reward as is alleged in the particulars of the offence unless
the contrary is proved.

PART V
MISCELLANEOUS

19. At the conclusion of proceedings for an offence
under this Act, the court may, if of the opinion that the
complainant or any other person has knowingly, and with
intent to harm the accused, made a false, frivolous or
groundless allegation against him, so certify in writing and
transmit the certificate and the record of the proceedings to
the Attorney-General.

20. Where a person is acquitted after trial before the
Supreme Court for an offence under Part II, the court may
award costs to that person, such costs to be taxed and paid
out of the Consolidated Fund.

21. Any person who, during the course of an
investigation into, or in any proceedings relating to, an
offence alleged or suspected to have been committed under
this Act, knowingly —

(a) makes or causes to be made a false report of the
commission of an offence under this Act to —

Burden of proof.

Presumption of
corruption in
certain cases.

Frivolous, false
or groundless
complaints to be
reported to the
Attorney-
General.

Costs of
acquittal.

Offence of
making a false
report of the
commission of
offence, etc.

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(i) any police officer specified in an
authorisation given under section 11; or

(ii) any public servant specified in an
authorisation given under section 11; or

(b) misleads —
(i) any police officer specified in an authorisa-

tion given under section 11; or
(ii) any public servant specified in an author-

isation given under section 11,
shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding five thousand
dollars or to imprisonment for a term not exceeding two
years or to both such fine and imprisonment.

22. Any person who, without lawful authority or
reasonable excuse, discloses to any person who is the
subject of an investigation in respect of an offence alleged
or suspected to have been committed by him under this Act
the fact that he is subject to such an investigation, or any
details of such investigation, or discloses to any other
person either the identity of any person who is the subject
of such an investigation or any details of such an
investigation, shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding five
thousand dollars or to imprisonment for a term not
exceeding two years or to both such fine and imprison-
ment.

23. (1) No prosecution for an offence under Part II
shall be instituted except with the consent of the Attorney-
General.

(2) Notwithstanding subsection (1) of this section a
person may be charged with an offence under Part II and
may be arrested therefor, or a warrant for his arrest may be
issued and executed, and any such person may be
remanded in custody or on bail notwithstanding that the
consent of the Attorney-General to the institution of a
prosecution for the offence has not been obtained, but no
such person shall be remanded in custody or on bail for
longer than three days on such charge unless in the
meantime the consent of the Attorney-General aforesaid
has been obtained.

Offence to
disclose identity,
etc., of persons
being
investigated.

Consent of
Attorney-General
required for
prosecution of
offences under
Part II.

CH.88 – 18] PREVENTION OF BRIBERY





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) When a person is brought before a magistrate
before the Attorney-General has consented to the prosecu-
tion, the charge shall be explained to the person accused but
he shall not be called upon to plead and the provisions of the
Criminal Procedure Code Act, shall be modified
accordingly.

24. (1) If, on the trial of any person for any offence
under Part II, it is not proved that the accused is guilty of
the offence charged but it is proved that the accused is
guilty of some other offence under Part II, the accused
may, notwithstanding the absence of consent under section
23 in respect of such other offence, be convicted of such
other offence, and be liable to be dealt with accordingly.

(2) If on the trial of any person for any offence
under Part II there is any material variance between the
particulars of the offence charged and the evidence
adduced in support thereof, such variance shall not, of
itself, entitle the accused to an acquittal of the offence
charged if, in the opinion of the court, there is prima facie
evidence of the commission of that offence, and in such a
case the court may, notwithstanding the absence of consent
under section 23 in respect of the particulars supported by
the evidence adduced, make the necessary amendment to
the particulars, and shall thereupon read and explain the
same to the accused and the parties shall be allowed to
recall and examine on matters relevant to such amendment
any witness who may have been examined and, subject to
the provisions of subsection (3), to call any further witness.

(3) If an amendment is made under subsection (2)
after the case for the prosecution is closed no further
witness may be called by the prosecution other than such
and on such matters only as it would, apart from the
provisions of this subsection, be permissible to call and put
in evidence in rebuttal.

(4) Nothing in this section shall exclude the
application of any other law whereby a person may be
found guilty of an offence other than that with which he is
charged.

Ch. 91.

Alternative
convictions, and
amending
particulars.