From Awareness Times Newspaper in
SECTIONS 63, 64, 65, 66 & 67 of the Anti-Corruption Act of 2008
Feb 22, 2010, 00:29
Surrender of Travel Documents.
63. (1) Where the Commission has reason to believe that any person who is under investigation under this Act is about to leave Sierra Leone, the Commission may, in writing under the hand of the Commissioner, serve a notice on such person requiring him-
(a) to surrender his travel documents forthwith to the Commissioner; and
(b) to enter into recognizance with two sureties who are owners of property in Sierra Leone the value of which is not less than fifty million leones, each.
(2) A travel document which is surrendered to the Commissioner under this section may be held for a period of three months from the date on which the notice was issued.
(3) Where it appears that the investigation may not be completed before the expiry of the period of three months, the Commission may renew the notice for such longer period as may be reasonably required.
(4) Where a person who possesses a travel document fails to comply with the notice forthwith, he may thereupon be arrested and taken before the Commission and unless such person complies with the notice, the Commissioner shall by warrant commit him to prison for ten days and thereafter, until the Commission completes the investigation in respect of him.
(5) Subject to subsection (3), a person to whom a notice under subsection (1) is addressed shall not leave Sierra Leone before the expiry of the period of three months from the date of the notice unless-
(a) an application made under section 64 for the return of the travel documents is granted; or
(b) an application made under section 65 for permission to leave Sierra Leone is granted.
Return of Travel Documents.
64. A person who has surrendered his travel documents under section 63 may apply inter partes to the court for the return of his travel documents.
Permission to leave Sierra Leone.
65. (1) Without prejudice to section 64, a person on whom a notice under section 63 is served may at any time apply in writing to the Commissioner or inter partes to a judge or both for permission to leave Sierra Leone, and every application shall contain a statement of the grounds on which it is made.
(2) A judge shall not consider an application made under subsection (1) unless he is satisfied that reasonable notice in writing of it has been given to the Commissioner.
(3) The Commissioner or a judge shall only grant an application made under subsection (1) where the Commissioner or the judge, as the case may be, is satisfied that having regard to all thecircumstances, including the interests of the investigation referred to in subsection (1) of section 63, a refusal to grant the application would cause unreasonable hardship to the applicant.
(4) Before an application is granted under this section-
(a) the applicant may be required to-
(i) deposit such reasonable sum of money with such person as may be specified;
(ii) enter into such recognizance with such sureties, if any, as may be specified; or
(iii) deposit such sum of money and enter into such recognizance as may be specified;
(b) such applicant or surety may be required to deposit such property or document of title or instrument thereto with such person as may be specified for retention by that person until such time as any recognizance entered into under this subsection is no longer required or is forfeited.
(4) shall be subject to a condition that the applicant shall appear at such time and place in Sierra Leone as may be specified and at such other time and place in Sierra Leone thereafter as may be further specified.
(5) A recognizance referred to in subsection
(6) An application under this section may be granted either without condition or subject to a condition that the applicant shall appear at such time and place in Sierra Leone as may be specified and at such other time and place in Sierra Leone thereafter as may be further specified.
(7) Where a person is permitted to leave Sierra Leone under this section subject to a condition imposed under subsection (5) or
(6), then after the time specified under that subsection or (if applicable) after the last of such times, subsection (5) of section 63 shall continue to apply in respect of the person as if the person had not been permitted to leave Sierra Leone under this section.
Powers of Arrest.
66. (1) An investigating officer authorized in that behalf by the Commissioner may, without warrant, arrest any person upon reasonable suspicion of his having committed or being about to commit an offence under this Act.
(2) Where the Commissioner is satisfied that a person who may assist the Commission in an investigation-
(a) has interfered with a potential witness; or
(b) intends to destroy documentary evidence which is in his possession and which he has refused to give to the Commission, the Commission may, in writing under the hand of the Commissioner, direct an investigating officer to arrest that person.
(3) An investigating officer may solicit the assistance of a police officer, in effecting an arrest under this Act.
Bail & other Procedures after Arrest.
67. (1) A person arrested under section 66-
(a) may be taken to the offices of the Commission;
(b) may be taken forthwith to a detention facility established by the Commission; or
(c) may be taken to a police station and dealt with in accordance with the Criminal Procedure Act, 1965.
(2) A person arrested and taken to the offices of the Commission or detained at a detention facility pursuant to subsection (1) may be-
(a) detained there if the Commissioner considers it necessary for the purpose of further inquiries;
(b) released from custody-
(i) on surrendering his travel documents to the Commission; or
(ii) on depositing such reasonable sum of money as the Commission may require; or
(iii) on his entering into recognizance with such sureties, if any, as the Commissioner may require and conditioned upon the attendance of the person at the offices of the Commission at such time or times as the Commissioner may specify; or
(iv) on condition that he resides at such address as the Commissioner may specify; or
(v) on condition that he attends at the offices of the Commission at such time or times as the Commissioner may specify; or
(vi) on any one or more of the conditions set out in sub-paragraphs (i) to (v).
(3) Where a person released from custody under this section fails to attend at the offices of the Commission, the deposit paid or recognizance entered into for release, as the case may be, may be forfeited by a judge upon application by the Commission.
(4) Any person who is detained at the offices of the Commission under this section shall be brought before a court as soon as practicable but not later than ten days after his arrest in accordance with paragraph (a) of subsection (3) of section 17 of the Constitution, unless sooner released on bail.
(5) Any person detained by the Commission for the purposes of further inquiries under paragraph (a) of subsection (2) shall, while being moved to or from any other place in the custody of an investigating officer on the instructions of the Commissioner, be deemed to be in lawful custody.
(6) The Commission may, by statutory instrument, make such provisions as it considers necessary for the treatment of persons detained by the Commission.
(7) In this section, the reference to "Commissioner" in subsections (2), (3) and (5) includes the Deputy Commissioner and, where appropriate, any investigating officer designated by the Commissioner in that behalf.
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