Prevention of Bribery Act: Key Provisions

In the Prevention of Bribery Act, there are several provisions that deal with the admissibility of evidence in court.

Any declaration or statement made by an accused person may be used against them in cross-examination and to impeach their credit.
Failure to comply with a notice served under subsection (1) may be adduced as evidence.

The Act also provides for presumptions of corruption based on pecuniary resources or property.

If an accused person has unexplained pecuniary resources or property, this may be taken by the court as corroborating evidence of bribery.
A presumption of possession of pecuniary resources or property may be made where these are held by someone on behalf of the accused.

The Act sets out certain defence provisions that apply to accused persons.

The burden of proof for a defence of lawful authority or reasonable excuse lies with the accused.

Finally, the Act provides for certain presumptions and offences related to bribery and corruption.

If it is proved that an advantage was given or accepted, this shall be presumed to have been done as an inducement or reward unless the contrary is proved.

The Act contains several miscellaneous provisions that deal with a range of issues related to bribery and corruption.

Section 19: The court may certify a frivolous or false allegation made against an accused person and transmit the record of proceedings to the Attorney-General.
Section 20: If a person is acquitted after trial for an offence under Part II, the court may award costs to be paid out of the Consolidated Fund.
Section 21: Knowingly making a false report of an offence or misleading a police officer or public servant during an investigation or proceedings shall be an offence punishable under this Act.