procedures as an alternative to criminal proceedings, where the latter are not likely of proof, or where they have been invoked but failed, we permit ourselves one comment which we feel should be considered by those responsible for such decisions, viz. that "lack of evidence to prove guilt does not establish a presumption of innocence."
We are impressed by the usefulness of having an Assistant to the Attorney General attached to, and physically present in, but independent from the Commission. His function as an advisor in legal matters will become even more important when new members of little previous criminal investigatory experience join the Commission. It appears to us that there may be some merit in developing a similar relationship with a senior representative of the Civil Service Branch. Such a person would be available to give advice on disciplinary matters if required and his role could perhaps be developed to assist in shortening some of the procedures now in being before disciplinary matters are dealt with. For example, the views of Heads of Departments could be sought at a much earlier stage and the recommendations and knowledge of the Investigating Officer and other more senior officers of the Independent Commission could be conveyed to the Civil Service Branch more quickly and effectively than otherwise. A consequent advantage from such an arrangement could well be gained in the field of 'vetting', enabling the results of such vetting, where positive, to be passed quickly and reasonably informally.
Powers of Arrest
The power of arrest and detention conferred by Section 10 of Ordinance No. 7 of 1974 (reproduced as Annex 'B') is restrictive and we foresee that situations will arise where difficulty will occur. For example, an Investigating Officer may be dealing with a person not reasonably suspected of the requisite corruption offences but who has committed other offences. It may well frustrate the major enquiry if at that stage a second investigative agency
the Police Force had to be brought in to the enquiry.
We suggest the desirability of a comprehensive power of arrest to cover all criminal offences. Should it be considered unsafe or unacceptable to confer such wide powers on all I.C.A.C. officers, perhaps some form of safeguard could be considered, the authority of a senior officer for example.
Powers of Investigation
The powers of investigation available to officers of I.C.A.C. are laid down in Section 13 et seq of the Prevention