TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 129

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CONFIDENTIAL

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XCC(69)32

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In the case of a charge against a person for accepting a bribe, the person who gave him the bribe would, in practice, fall within this rule. Clause 21 provides in effect that the person who gave the bribe shall not necessarily be regarded as an accomplice in every case. Accordingly, juries will not necessarily have to be warned of the danger of convicting on the uncorroborated evidence of such a witness; and may assess his credibility for themselves. The absence of a clear indication on the record that the judge has warned himself of the danger in respect of accomplice, will not, of itself, constitute a ground of appeal.

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Clause 23 will protect the identity of informers, who have to be relied on in many corruption investigations. The personal risks undertaken by informers in giving information about corruption are thought to be greater than other informers and it is considered that they should be given as much protection as possible. Lack of adequate protection. will also reduce the amount of information that can be expected. It is hoped that subclause (3) will deter the giving of wilfully false information, by the possibility of full disclosure of the identity of the informer.

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Clause 24 provides that where lawful authority or reasonable excuse is a defence, the burden of establishing the existence of some such authority or excuse will be upon the accused. It is probable that this provision is merely declaratory of the common law, but this clause will remove any doubt. The prosecution must still establish that the accused actually solicited, accepted, offered or gave a bribe, as the case may be. It will be for the accused to satisfy the court on a balance of probabilities, that he had lawful authority or reasonable excuse.

Investigation of Corruption

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At present, the investigation of curruption is the responsibility of the Anti-Corruption Branch, which is a Branch of the Police Force. It operates under the supervision of a Target Committee which was set up in 1961 by the Commissioner of Police. This Committee is now composed of the Deputy Commissioner of Police (Administration), the Director of Criminal Investigation, the Director of the Anti-Corruption Branch and a senior officer representing the Establishment Officer.

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Its terms of reference are to assess the information on corruption, and to decide which allegations should be investigated and in what priority by the Anti-Corruption Branch. It also decides what information will be passed to other Departments or Police formations for action, and is responsible for keeping the Commissioner informed of the state of corruption generally and of all cases of importance.

CONFIDENTIAL