economic and organized crimes act

8/2/2019 Economic and Organized Crimes Act

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THE ECONOMIC AND ORGANIZED CRIME CONTROL ACT,

1984

ARRANGEMENT OF SECTIONS

TitleSectionPART I

PRELIMINARY PROVISIONS

Short title and comm encement.Interpretation.

I .2 .

PART II

THE CRIME CONTROL COURT

constitution of the Court

Establishment of the Cou rt.3 .

Composition of the Court.4. Qualification for and summoning of lay members.5 .6. Duration of service of lay mem bers.7. Oath of o ffice.8. Remuneration and expenses.

Seals of the Court.9.Administration of the Court.1 0 .

Jurisdiction and Functions

11. Powers and duties of the Court.12. Power to refer matters to other courts.13. Place of sittings.14. Disclosure of interest of member.15. Privilege of proceedings.16. Decisions and verdicts.

17. Reports from the Court.18. Contempts of the Court.19. Power of Court in relation to contempts.

PART III

INVESTIGATION OF ECONOMIC CRIMES

Investigation Process

20. Application of Criminal Procedure Code.21. Personnel for investigation.22. Search for and seizure of property.23. Disposal and forfeiture of property.24. Disappearance of suspect.

The Decision to Prosecute

D.P.P. to be informed o f occurences and to give d irections.25 .Consent of D.P.P. for prosecutions,26.Respon sibility for the conduct of prosecutions.27.

1


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2 No. 13 Economic and Organized Crime Control, 1984

TitleSection

PART IV

PROCEDURE BEFORE THE COURT

Preliminary Procedure

App lication of Criminal Procedure Code.28.Procedure on arrest.29.

30. Committal for trial by court.31. The charge.32. Admission by accused.33. Denial by accused.34. Preliminary hearing.35. Bail.36. Change of circumstances after grant of bail.37. Arrest of persons contravening bail provisions.

Procedure During Trial

Expedition of actions.38.Dismissal of charge.39.Procedure on close of case for p rosecution.Procedure on defence of alibi.Judgment and sentence.

4 ( ' .41 .42 .

Alternative verdicts.43 .Orders in respect of property.44 .

Provisions Regarding A Evidence

Application of Evidence A ct, 1967.Manner of obtaining and sources of evidence.

45 .46 .

47. Evidence on oath or affirmation.48. Evidence in presence of accused.49. Evidence in absence of accused.50. Interpretation of evidence.51. Refractory witness.52. Protection of witnesses.53. Immun ity of witnesses.54. Depositions to preserve testimony.55. Litigation concerning sources of evidence.

PART V

OFFENCES AND PENALTIES

Offences under this Act.56 . Application of the Penal Code.57.Prohibition of transfer of advantage or prope rty involved in58 .economic offence.Punishment for proved crimes.Orders for com pensation, restitution, etc.Right of Appeal.

59.60.61.


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31984Economic and Organized Crime ControlNo. 13

TitleSection

PART VI

MISCELLANEOUS PROVISIONS

Regulations.Am endmen t of certain written laws.Repeal of Acts No. 9 and 10 of 1983.Conseque ntial and transitional provisions.

62.63 .64.65 .

FIRST SCHEDULE

Economic offences

SECOND SCHEDULE

Oaths and Affirmations

THIRD SCHEDULE

Miscellaneous Amendments


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Economic and Organized Crime Con trol6 No. 13 1984

''bank'' includes any financial institution by whatever title known andwhether or not it provides banking services;

''business'' includes a business not carried on for profit;

''carrier'' means any person engaged in the transportation of passengersor property by land, air or sea, as a comm on contract or privatecarrier of freight, forwarder, and officers, agents or employees ofsuch carrier;

' 'combination'' mean s persons who collaborate in carrying out orfurthering the activities or purposes of a criminal racket even thoughsuch persons may not know each other's identity or membership inthe combination changes from time to t ime or one or more m embersmay stand in a w hole-saler-retailer or other arm's length relationshipwith others as to activities or dealings between o r amon g themselvesin an illicit operation;

' 'confidence gam e'' mean s any swindling operation whereby adv antage istaken or the confidence reposed by the victim in the swindler;

''criminal racket'' means any com bination of persons or enterprises

engaging, or having the purpose of engaging, whether once, occasio-nally or on a continuing basis, in conduct which amounts to anyoffence under this Act;

''the Court'' means the High Court sitting as an Economic Crimes Courtpursuant to section 3 ;

''dealer'' means any person engaged in the business of distributing anygoods for consumption or use by othe rs at wholesale or retail, orthe treatment or use of such good s for the purposes of m anufacturingother goods for distribution by others;

''decision'' includes a judgment, finding, acquittal, conviction, sentenceor ruling;

''document'' includes-

(a) a book, plan, paper, parchment or o ther material on which thereis writing or printing, or on w hich there are marks, symbols orperforations having a mea ning for persons qualified or intended tointerpret them; and

(b) a disc, tape, paper or other device from wh ich sounds or messagesare capable of being reproduced;

' 'econom ic offence'' mean s any offence triable under this Act;

' 'enterprise'' includes any individual, partnership, corporation, associationor other legal entity, and any union or group of individuals associatedin fact although not a legal entity, carrying on any business whetheror not for profit;

' 'explosive m aterials'' includes explosives, blasting agents, detonators a ndany material used in the manufacture of explosives;

''firearm'' means-(a) any weapon which is capable of expelling, or is designed or may

readily be convened to expel, a projectile by the action of anexplosive;


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Economic and Organized Crime Control 1984 7No. 13

(b) the frame or receiver of any such weapo n;(c) any firearm muffler or firearm silencer;(d) any destructive device,

and includes an antique or dom estically manufactured firearm;''foreign comm erce'' means commerce between the United Republic,

or any citizen of or any firm o r body corporate established in theUnited Republic, and any foreign country, firm, person or body ofpersons;

''game'' means a sport;''importer'' means any person engaged in the business of importing or

bringing any article or thing of commercial value into the UnitedRepublic;

''internal trade'' means commerce amongst the citizens, firms and otherpersons or bodies of persons, whether or not corporate, within theUnited Republic;

''Judge'' means a Judge of the High Court;''lay mem ber'' means a member of the Court other than a Judge;

''local government authority- means a city, municipal, town, district orvillage council, and includes a township authority and any comm itteeor other body established by and for the purposes of a local govern-ment authority;

''magistrate'' means a m agistrate perform ing or autho rized to performany function for the purposes of this Act;

''manufacturer'' means any person engaged in the business of manufac-turing any article or thin or of com mercial value;

''member'' means a member o f the Court, and includes the Judge presi-ding over the proceedings of the Court;

''Minister'' means the Minister for the time being responsible for legal

affairs;''motor vehicle'' and ''motor vehicle facilities'' means every description

of carriage or other contrivance propelled or drawn by mechanicalpower and used for comm ercial purposes on the highways in thetransportation of passengers or passengers and property, whetherpublicly or privately owned;

' 'official act' ' means any decision or action on any question, matter, cause,suit, proceeding or controversy, which may at any time be pending,or which may by law be brought before any public official, in hisofficial capacity;

, , organized crime'' means any offence or non-criminal culpable conductwhich is committed in combination or from whose nature, apresumption may be raised that its commission is evidence of theexistence of a criminal racket in respect o f acts connected with,related to o r capable of prod ucing the offence in question;

''person'' includes an individual, partnership, committee, association,corporation, and any other organization or group of persons whetheror not a body corpo rate;


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''prosecuting officer'' means a person so designated under section 27;' ' public official' ' means any person holding any office, whether appointive

or elective, in the Governm ent of the United Republic or any agency

of the United Rep ublic;' 'racket'' means any co mbination of persons or en terprises;

''Regional Judicial Board'' means the Board appointed under the JudicialService Act, 1961 ;

' 'the R egistrar'' means the R egistrar of the H igh Court;''specified authority'' means any department of the Government of the

United Republic, the Party, co-operative *society, a local govern-ment authority or a p arastatal organization;

''sport'' includes archery, athletics, bao, baseball, basketball, boxing,cards, chess cricket, darts, dogracing, draughts, football, hockey,horseracing,' handball, netball, polo, squash, swimm ing, tennis,volleyball and any other gam e, play or sport, by whatever namecalled, involving bodily, exercise or mental exertion, whether out-

door or indoor and whether played by am ateurs or p rofessionals-,' 'sports contest'' mean s a sports competition of any kind;''wildlife'' and ''wildlife resources'' include resources which com prise

wild mammals, wild birds, fish, and all. other categories of w ildcreatures of any kind, and all types of aquatic and land vegetationupon wh ich such wildlife resources are dependent.

(2) All offences created by or punishable under the First Schedule tothis Act shall be referred to as econo mic offences.

(3) Except where the nature or circumstances of an o ffence indicateotherwise, where two or more persons are proved to have been jointlyinvolved in the comm ission of an economic offence, or where it appears tothe Court that the accused could not have comm itted the offence withoutthe connivance or collaboration of a person or persons no t known to the

Court, the comm ission of the offence shall be deemed to have bee n orga-nized, and the offence to be an organized crime for the purpo ses ofsentence.

PART II

THE ECONOMIC CRIMES COURT

Constitution of the C ourt

3.-(1) The jurisdiction to hear and determine cases involving econo-offences under this Act is hereby vested in the High Court.

(2) The H igh Court when hearing charges against any person for thepurposes of this Act shall be an Econ omic Crimes C ourt.

4.-(I) The Econom ic Crimes Court shall consist of a Judge of the9OMPO-

High Court and two lay members.

Establish-

ment of the

Court

Compo-

sition of the

Court


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No. 13 1984Economic and Organized Crime Con trol 9

(2) For the p urposes of hearing and determining cases at any session ofthe Court arising in one region, the persons summoned to be lay mem bersfor the purposes of that session shall be persons hailing from a differentregion.

5.-(1) The R egional Judicial Board shall at the beginning of each yearcompile and submit to the Registrar of the High Court as well as to therelevant District Registrar of the High Court a list containing the namesof not more than ten persons who are resident in the region who m aybe summo ned to be lay members of the Court.

(2) The Regional Judicial Board shall enlist persons who, in its opinion,are responsible and reasonable members of the community and are fitto perform the duties of the office of lay member.

(3) Every literate person of between the ages of thirty and sixty yearswho may serve as an assessor under the Magistrates' Courts Act, 1984,shall be liable to serve as a lay m ember of the C ourt.

(4) The High Court shall select and summon two persons from amon gthe list submitted by the Regional Judicial Board, to be lay membersfor the purposes of each session.

(5) Wh -cre a lay memb er becom es unable to sit on the Court after theproceedings have comm enced, and such inability is expected to lastunduly long, the proceeding or session may continue notwithstandingthe absence of that mem ber, and in that case a decision of the Court shallbe that to which the Judge subscribes his approval.

(6) In selecting and summoning persons to be lay members the HighCourt shall take into account the nature of the economic offences involved,the standard of literacy of the persons for the purposes of understanding anytechnicalities involved in the offences charged, the region in which theoffences took place and any other relevant human factor which maypossibly affect the outcome of the trial.

6.-(1) Subject to subsection (2), a person whose name is submittedby the Regional Judicial Board shall be eligible to serve on the Court forone calendar yea r, but he may be include d in the list for the next followingyear.

(2) Every lay mem ber shall hold office during good behaviour but maybe removed from the list of lay members by the Chief Justice or theappropriate judicial authority for goo d cause.

(3) A person rem oved from o ffice of a lay member w hile serving on theCourt shall be disqualified from subsequent enlistment as a lay memberof the Court.

(4) Every lay member selected immediately after the comm encement of

this Act shall be eligible to serve on the Court only until the 31st dayof Decemb er, 1984, but may be reselected.

7.-(1) Every lay member shall, prior to the commencement o f procee-dings or session, take and subscribe the oath prescribed in the SecondSchedule of this Act, in the presence of a Judge of the High Court,

oath of

office

Duration of

service of

lay

members

Qualifuca-

tion for

and

summoning

of lay

members


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1984Economic and Organ ized Crime Control1 0 No. 13

(2) Where any lay member has no religious belief or the taking of anoath is contrary to his religious belief, he may m ake and sub scribe a solemnaffirmation in the form of the oath p rescribed, substituting the words"solemnly and sincerely affirm'' for the wo rd ''swear'' and om mitting

sothe words '' help me God''.

(3) The record of the oath of office shall after subscription by eachmember be kept as part of the record of the proceedings or session inrespect of which the member is sworn.

8.-(1) Every mem ber of the Court and every person, other than counselfor the defence, discharging duties connected with procee dings before theCourt shall be paid such remuneration or allowances as the Minister mayfrom time to time, by notice published in the Gazette, determine.

Remunem-tion andexpenses

(2) The remuneration or allowances to be paid under subsection (1)shall be of such amo unt as may be sufficient to cover the co st of board andlodging and transport and travel likely to be incurred.

9. The Court shall use distinctive stamps and seals of such nature and

pattern as the Chief Justice may direct.

Seals ofthe Court

10.-(1) The Chief Justice shall make such manpow er arrangementsas he may consider appropriate for ensuring the smooth co-ordinationof the affairs of the Court.

Administra-tion ofthe Court

(2) For the purposes of this section, the Chief Justice may select publicofficers employed in the Judiciary Department and assign to them suchduties as he may determine for the purposes of ensuring the proper andefficient functioning of the Court.

(3) The C hief Justice may, from time to time, issue such directions as hemay determine for the guidance of all officers, or a category of them,in the performance of duties in relation to matters arising under orconnected with this Act. Such directions shall be under the hand of theChief Justice.

I1.-(1) The Court shall have power to inquire into economic offencesalleged to have been committed, and to make such decisions and ordersfor the purposes of this Act as it may in each case find fit and just.

Powers andduties ofthe Court

(2) Allegations of comm ission of any economic offence may be broughtto the attention of the Court through-

(a) the reference by any court subordinate to the H igh Court of anycase, involving an economic offence or offences, previouslyinstituted before that court;

(b) the institution of proceedings before the Court by the Directorof Public Prosecutions or by his representative duly appointed inaccordance with section 82 of the Criminal Procedure Code.Cap. 20

(3) Where the Court finds any accused person guilty of the economicoffence charged it may pass such sentence on him as it deems fit andjust in the c ircum stances o f the case, subject to this Act, and explain tohim his right of appeal.


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(4) Where the C ourt finds any accused person no t guilty of the offencecharged or of any alternative econom ic offence disclosed by the evidenceadduced it shall forthwith acquit and order the release of that person.

12.-(1) Where the Court decides that an alleged econom ic offence

is in fact not an econo mic offence w hich it has jurisdiction to try, it shallorder that proceedings in respect of that offence be instituted in such courtas it may deem prop er to order, but shall make no order in relation tothe accused person save for bail if an application is made in that behalf.

(2) Where the Court decides that it has no jurisdiction and makes anorder under subsection (1), the accused shall be deemed to have beendischarged for the purposes of proceedings before the Cou rt, but thedischarge shall not operate to preclude the arrest of the person for thepurposes of proceedings in relation to him before an app ropriate compe-tent court in respect of the same facts on w hich he w as brought before theCourt.

(3) The Director of Public Prosecutions or any State Attorney dulyauthorized by him, may, in each case in wh ich he deems it necessaryor appropriate in the public interest, by certificate under his hand, order

that any cast involving an offence triable by the Court under this Act betried by a court of a residen t magistrate.

(4) Where a certificate is issued under subsection (3), it shall be lodgedin the court concerned, and shall constitute full authority for, and confer

ju ri sd ic tion, u pon th e co ur t i n which it is lodged to try the ca se in qu es tion.(5) Where a person tried by a court of a resident magistrate pursuant

to the preceding provisions of this section is found guilty by that court,the court shall impose on that person the sentence provided for by thisAct.

13. The proceedings of the Court shall be conducted in any buildingor room in w hich the sittings of the High Court are ordina rily held or,subject to the directions of the appropriate judicial authority, in such otherplace w hich is different from, but is fit for use as, a cou rt room.

14.-(1) No member shall sit on the Court for the hearing and deter-mination of any matter in which he has any interest other than that ofseeing to the eradication of econom ic and organized crime through lawfulmeans.

(2) A member who has an interest in the matter shall inform thepresiding Judge of his interest before taking the oath for the purposes ofthe case, and the Judge shall cause a summons to be sent out for anotherperson to replace that member.

15.-(1) Save as is expressly provided by this Act no act or thing doneor omitted by a mem ber shall, if done or omitted bona fide in the exerciseof his judicial functions under this Act, render such member criminallyliable for such act or om ission.

(2) Any ad vocate or other person appearing before the Court on behalfof a party shall have the same p rotection and immunity as an advocatehas in appearing for a party in ordinary proceedings before the H igh Court.

Privilege of

proceedings

Disclosure

of interest

of member

Place of

sittings

Power to

refer

matters

to other

courts


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1 2 No. 13 Economic and Organized Crime Con trol 1984

(3) Subject to this Act, a person sum moned to attend or appearingbefore the Court as a witness shall have the sam e protection, and shall,in addition to the penalties provided by this Act, be subject to the sameliabilities, in any civil or criminal proceedings as a witness in o rdinary

proceedings in the High Court.and vedicts " 16. All questions to be decided by the Court, including the decision

whether it finds the accused person guilty or not guilty, shall be decidedby agreement of the majority of the members. Any mem ber differingfrom the views he ld by the majority of the members shall record thereasons for his difference and they shall form a part of the record ofthe proceedings of the Court.

Decisions

17.-(1) The Registrar and each District Registrar shall at intervals ofsix months, prepare and subm it to the Minister a report specifying-

Reportsfrom thecourt

(a) the total number of economic offences brought before the Courtfor trial;

(b) the number of each type of economic offences inquired into;(c) the number of persons tried for comm ission of each type of econo-mic offence;

(d) the orders made by the Court in the trial of each econom ic offence;(e) any recommend ations for the control or eradication of any econom ic

or other crime or crimes;(f) any other matter which the Minister may require the Registrar to

report upon.

(2) The Court may, in any appropriate case, after the trial, submit aspecial report to the Minister-

(a) concerning non-criminal or professional m isconduct, abuse ormisuse of office involving econom ic or organized criminal activityby any public official as the basis for a recommen dation of his

removal or disciplinary action being taken against him;(b) regarding the state and conditions of econ omic and organized

criminal activity within the area of the jurisdiction o f the Court,and the M inister shall act upon the report in accordance with relevant law.

18. Any person who-'Contempts(a) wilfully disobeys any lawful order, process or requirement issued

by the Court;of theCourt

(b) publishes any proceedings or report of the Court or any part of itcontrary to an order of the Co urt prohibiting publication;

(c) discloses or publishes a report of the evidence taken or d eliberationsof the Court held in camera or directed to be withheld frompublication;

(d) within the premises in which an y proceeding of the Co urt is beingheld or taken, or within the precincts of those premises, showsdisrespect, in speech or m anner, to or with reference to that procee-ding;


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1 3Economic and Organized Crime Con trol 1984No. 13

(e) within the premises in which any p roceeding of the Cou rt is beingheld or taken, and in the face of the Court, conducts himself, inspeech or manner, so as to be likely to threaten any witness o r todisrupt the proceedings of the Court;

(f) with a view to preventing the giving of evidence or production ofany thing before the Court, does any act intended or likely to inti-midate a person summ oned from giving evidence or producing thething;

(g) with a view to punish or victimize a person, does any act to himafter that person has given evidence or produced any thing beforethe Court, which injures or is likely to injure that person or hisproperty;

(h) publishes anything in any m anner wh ich scandalizes or is intendedor likely to scandalize the Court;

(i) wilfully publishes or does any thing which is intended or tends toprejudice the fair trial of any person before the Court,

is guilty of contempt of the Cour t and shall be liable on conviction toimprisonment for five months or to a fine no t exceeding three thousandshillings.

19.-(1) When an y offence under section 18 is comm itted in the face ofthe Court, the Court may cause the offender to be detained in custody,and at any time before the rising of the Court on the sam e day may takecognisance of the offence and sentence the offender to a fine of five hundredshillings or, in default of payment, to imprisonme nt for one mo nth.

(2) Without prejudice to section 18, the Court shall have pow er to punishby fine or imprisonment such contempt of its authority as-

(a) misbehaviour of any kind by any person in its face or so near to itas to obstruct the administration of justice;

(b) misbehaviour of any o f the officers of the Court in the ir officialtransactions;

(c) disobedience or resistance to its lawful authority.

PART III

INVESTIGATION OF ECONOMIC CRIMES

Investigation Process

20.-(1) Except as is provided in this Part, and in any o ther written lawcreating an econom ic offence in respect of which the Cou rt has jurisdictionby virtue of this Act, the investigation of all economic offences triable bythe Court shall be conducted in accordance with the provisions of the Criminal Procedure Code, subject to the following provisions o f this section.

(2) Where in relation to any offence which is an econom ic offence underthis Act, the law creating the offence expressly provides for specific acts tobe done in the process of investigation, those acts shall be done in acco r-dance with that law to the extent only to wh ich that law derogates from theprovisions of the Criminal Procedure Code. Cap. 20

Application

of

criminal

Procedure

code

cap 20

Power of

the court

relation to

contempt


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1 4 1984Economic and Organized Crime ControlNo. 13

(3) Where after the Court commences the hearing of any case it appearsthat some further investigations ought to be done in order for the Courtto reach a just decision, the Court may, on its own instance or that of theprosecuting officer, adjourn the proceed ings and order that investigationsor further investigations be carried out into any m atter or aspect of it anda report on the investigations be furnished to the Court within such timeas it may specify.

(4) Where at the end of the trial the Court convicts the accused anddecides that a custodial sentence be imposed, the period of adjournmentfor further investigations sha ll, if the accused person be in custody, betaken into account for the purposes of determ ining the length of the custo-dial sentence to be imposed.

21.-(1) The investigation of all economic o ffences reported to the policeshall be conducted by police officers, with the assistance of such publicofficials or category of public officials as may be design ated by the D irectorof Public Prosecutions after consultation with the Director of CriminalInvestigation and by order published in the Gazette.

(2) Where in accordance with any other written law the investigationof any econom ic offence or category of economic o ffences, is ordinarilyconducted by public officials other than p olice officers, then for the purpo-

"police officer'' shall include any of such publicses of this Act the termofficials in the discharge of functions in pursuance of this Act.

22. -(1) Where a p olice officer is satisfied that there is reasonable groun dfor suspecting that there is in any building, vessel, carriage, box, receptacle

or place-(a) anything with respect to which any economic offence has been

committed;(b) anything in respect of which there are reasonable grounds to believe

that it will afford evidence as to the commission of any economicoffence;

(c) anything in respect of which there are reasonable grounds to believethat it is intended to be used for the purposes of committing anyoffence,

and that any delay w ould result in the removal or destruction of that thingor danger to life, or property he may search, or issue a w ritten authority toany police officer under him to search the building, vessel, carriage, box,receptacle or place.

(2) Whenever any search is made or any such writen authority is issued,the police officer concerned shall, as soon as practicable, report the issueof the authority, the grounds on which it is issued and the results of anysearch m ade und er it, to a district magistrate within wh ose area of jurisdi-ction the search is to be made or w as made.

(3) W here anything is seized after a search conducted pursuant to this

section, the po lice officer seizing it shall issue an official receipt evidencingsuch seizure and bearing, in addition to his ow n signature, the signatureof the owner of the premises searched and that of at least one independe ntperson who witnessed the search.

Search for

and sezure

of property

Personnel for

investigation


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(4) Where at any stage of the investigations it appears that anythingseized is not related to any econom ic or other offence in respect of whichany person is o r is to be charged, the police officer in charge of the caseshall forthwith cause the thing to be restored to its owner and shall in no

case detain it longer than is necessary.(5) Any person who being empow ered by law to order, authorize or

conduct the search of a bu ilding, vessel, carriage, box, receptacle or place,exercises such power without having a reasonable ground is guilty of theoffence of abuse of office in terms of section 96 of the Penal Code. Cap 16

23.-(1) Where before the institution or determination of proceedingsbefore the Court it appears to the Inspector-General of Police or a personauthorized by him in w riting, or to the Court, that any property seized

under this Act or put in evidence in p roceedings before the Court is subjectto speedy decay or that for any other reasona ble cause it is necessary thatit be sooner disposed of, the Inspector-General of Police or the Court, asthe case may be, may cause or order that, subject to subsection (8), thatproperty be destroyed, disposed of or dealt with in such m anner as he orthe Court may specify.

(2) W here, before the institution or determination of proceed ings, anyproperty is destroyed, disposed of or dealt with in any other manner,other than the ma nner referred to in section 24(4), in pursuance of subse-ction (1), a certificate signed by the Inspector-General of Police or anyperson au thorized by him in writing shall in the absence of proof to thecontrary be conclusive evidence of the reasons, the manner and the circum-stances in and the value for, which the property was disposed of or dealtwith, and shall be considered to be the rightful value of the property for thepurposes of this Act.

(3) Where a person is convicted of an economic offence and the Courtis satisfied that any property which was in his possession or under hiscontrol at the time of his apprehension-

(a) was used for the purposes of co mm itting or facilitating the com mis-sion of the offence; or

(b) was intended by him to be used for that purpose; or(c) was otherwise involved in the comm ission of the offence; and

(d) was so used or involved in the comm ission of the offence with theknowledge or consent of its owner,

the Court shall make an order under this section in respect of that property.

(4) Facilitating the commission o f an offence shall be taken, for thepurposes of this section, to include the taking of any steps after it has beencomm itted for the purpose of d isposing of any prop erty to which it relatesor of avoiding apprehension or detection.

(5) An order under subsection (3) shall operate to deprive the offenderof his rights, if any, in the property to which it relates, and the propertyshall, if not already in their possession, be taken into the possession ofthe police.

Disposal and

forfeiture of

property


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Economic and Organized Crime Con trol 1984No. 131 6

(6) Where the Court makes an order under subsection (3) in respect ofany property, the property may be kept or so ld, and the same or the pro-ceeds of its sale shall be paid into and form part of the Consolidated Fund.

(7) Where before or after the determination of proceedings before theCourt any property seized or put in evidence is sold or disposed of in anyother manner, except w here the property is sold or disposed of in any othermann er in a shop or through any other public marketing utility or organ, nopublic official having any d uty to perform in con nection with the sale of anyproperty under this Act shall directly or indirectly purchase or bid for theproperty.

(8) No prope rty disposed of or in respect of which an order is made bythe Court und er subsection (3) shall be sold by public auction.

(9) For the purposes of this section ''property'' includes not only theproperty originally in the possession or under the control of the accusedperson but also any property into or for which that original property isconverted or exchanged, and anything acquired by such conversion orexchange, whether before or after the accused was apprehended.

24.-(1) Where the Inspector-General of Police is satisfied that anyperson under arrest or liable to be investigated, searched or arrested inconnexion w ith any reasonable suspicion of the com mission of an econo-mic offence has absconded to any place outside the United Republic or,within the United Repu blic, concealed himself so that he may not be sear-ched, arrested or otherwise investigated as to the alleged commission ofthe economic offence in question, the Inspector-General of Police maycause investigation measures to be taken in relation to the p remises andthe property previously in the possession, occupation or under the con trolof the suspect but abandoned by reason of his abscondence.

(2) Where, upon the completion of measures taken in pursuance ofsubsection (1), the commission of an economic offence is revealed for

which the suspect would have been prosecuted before the Court but forhis abscondence, the Inspector-General of Police shall, by publication inthe Gazette, give notice to the general public of not less than twenty-oneclear days, that he intends to submit the property before the Court fo r itto mak e orders in relation to the property or other goods involved.

(3) Upon the expiration of the period of the notice under subsection (2),the inspector-General of Police shall prepare and lodge with the Court acertificate stating-

(a) the name of the absconding suspect;(b) the address of his deserted residence or the premises involved;

(c) the details of the proper ty abandoned involving or in respect of

which an econ omic offence is alleged to have been comm itted; and(d) a sketch of the evidence envisaged to be relied upon by the prosecu-

tion were the suspect to be found and charged before the Court.

24.-(1) Where the Inspecto r-General of Police is satisfied that anyperson under arrest or liable to be investigated, searched or arrested inconnexion w ith any reasonable suspicion of the com mission of an econo-mic offence has absconded to any place outside the United Republic or,within the United Repu blic, concealed himself so that he may not be sear-ched, arrested or otherwise investigated as to the alleged commission ofthe economic offence in question, the Inspector-General of Police maycause investigation measures to be taken in relation to the p remises andthe property previously in the possession, occupation or under the con trolof the suspect but abandoned by reason of his abscondence.

Disappear-

ance of

suspect


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Economic and O riginal Crime ControlNo. 13 1 71984

(4) Upon receipt of a certificate lodged with it in pursuance of subsection(3), and after considering any representations made after the notice wa sgiven, the Court shall proceed to make orders such as may be made un der

section 23(3) in respect of the property or part of the property or goodsabandoned by the absconded suspect.(5) Where an absconded suspect subsequently returns to the United

Rep ublic or reveals his whereab outs within the United Republic, he may bearrested and charged with the economic offence with which he wouldhave been charged had h e not previously absconded.

(6) Notw ithstanding any written law for the time being in force in theUnited Republic and whether or not the absconded suspect subsequentlyreappears in the United Repub lic, no action, claim or demand o f any kindshall be instituted in any Court against any person in relation to any pro-perty or goods forfeited or disposed of by an order of the Co urt in pursua-nce of the provisions of this section.

The Decision to Prosecute

25.-(1) In this part the term ''Director of Public Prosecutions'' includesany pub lic official or officials specified by the D irector of Public Prosecu-tions by notice published in the Gazette to whom he has delegated anyof his functions for the purposes of this part of this Act.

(2) Whenever-

(a) a police officer in charge of the co nduct of criminal investigationsin a region; or

(b) any person in charge of a department of Government or otherpublic authority empow ered by any written law to conduct investi-gations into any offence or category of offences triable underthis Act,

is informed o f the occurrence of an econom ic offence in the region or anyother area within which he or his departmen t or public authority has

jurisdiction , he shall forthwith communica te to the D irector of PublicProsecutions, in addition to any other person who m he is required by lawto com municate, any intelligence affecting or relating to the occurence andto investigations connected with any economic offence arising from it.

(3) The D irector of Public Prosecutions may w henever it is necessaryin his opinion for a successful com pletion of investigations in any casethe occurrence of which has been p reviously communicated to him, givesuch directions and advice on the matter as he may deem appropriate orproper in the circumstances.

26.-(1) Subject to the provisions of this section, no trial in respectof an economic offence may be commenced under this Act save with theconsent of the Director of Public Prosecutions.

(2) The D irector of Public Prosecutions shall establish and maintain asystem whereby the process of seeking and obtaining of his consent forprosecutions may be expedited and may, for that purpose, by notice publi-shed in the Gazette specify econom ic offences the prosecutions of whichshall require the consent of the Director of Public Prosecutions in personand those the power of consenting to the prosecution of which may beexercised by such officer or officers subordinate to him as he may specify,acting in accordance with his general o r special instructions.

Consent of

D.P.P. for

prosecution

D.P.P.to be

informed

of occurences

and to give

directions


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Economic and Organized Crime Control1 8 1984No. 13

(3) The Director of Public Prosecutions shall have and may exercise inrelation to prosecutions under this Act the same pow er which is conferredon him in respect of public and private prosecutions by the Criminal

Procedure Code.

Cap. 20

27.-(I) All prosecutions before the Court shall be conducted bypersons, designated as prosecuting officers, specified in subsection (2) orappointed as such un der subsection (3) of this section.

Responibi-lity for theconductof prosecutions

(2) The following persons are hereby specified as p rosecuting officers,that is to say-

(a) all law officers;(b) all State A ttorneys of every rank; and

(c) all police officers of or above the rank of A ssistant Superintendentof Police.

(3) The Director of Public Prosecutions may by notice published in theGazette, appoint-

(a) any legally qualified person, or category o f legally qualified person s,employed in the public service; or

(b) any other person or category of persons,to be a prosecuting officer or officers generally or in respect of any pro-ceeding or category of proceedings under this A ct.

PART IV

PROCEDURE PRIOR TO AND DURING

TRIAL BEFORE THE COURT

Preliminary Procedure

28. Except as is provided in this Part to the contrary, the procedurefor arraignment and for the hea ring and determination of cases und er this

Act shall be in accordance with the provisions of the Criminal ProcedureCode.

29 .-(1) After a person is arrested, or upon the com pletion of investiga-tions and the arrest of any person or persons, in respect of the comm issionof an economic offence, the person arrested shall as soon as practicable,and in any case within not more than forty-eight hours after his arrest, betaken before the district court within whose local limits the arrest wasmade, together with the charge upon which it is proposed to prosecutehim, for him to be d ealt with according to law, subject to this Act.

(2) Whenever a person is brought before a district court pursuant tosubsection (1), the magistrate concerned shall read over and explainto the accused person the charge or charges set out in the charge sheet inrespect of which it is proposed to p rosecute the accused, but the accusedperson shall not be required to plead or m ake any reply to the charge.

Procedure

on arrest

Application

of criminal

Procedure

code

cap. 20


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Economic and Organized Crime Control 1984No. 1320

committal order shall be sufficient authority for the person in charge ofthe remand prison concerned to remove the accused person from prisonon the specified date and to facilitate his appearance before the Court.

(2) The Registrar of the High Court shall be responsible for summo-

ning all witnesses for the prosecution as w ell as those intended to be calledby the defence.

31. (1) Every information shall contain such p articulars as arenecessary to give reasonable information as to the nature of the offence oroffences including a statement of the law and the section, or other divisionof it, under which the accused person is charged.

The Informa-

tion

(2) Every information shall be brought in the name of the Republic.

(3) An inform ation may contain m ore than one offence if the offencescharged are found ed on the sam e facts or form part of a series of offencesof the same o r similar character, but where more than on e offence iscontained in the sam e information it shall be separately stated.

(4) The following persons may be joined in one information and may betried together, namely-

(a) persons accused of the same offence committed in the course ofthe same transaction;

(b) persons accused of aiding or of an attempt to commit the offensecharged;

(c) persons accused of different offences committed in the course ofthe same transaction.

32 .-(1) If the accused p erson adm its the truth of the information, or ofany economic offence in it, his admission shall be recorded as nearly aspossible in his own words and then read over to him. Any amendmentor corrections by the accused shall also be recorded.

Admissionaccused

(2) After an accu sed person pleads guilty to the information, the Courtshall require the prosecuting officer to give a brief description of the actualfacts and other particulars constituting the offence wh ich the accusedperson admits to have committed, and at the end ask the accused personwhether or not he agrees with the facts and particulars and whatalterations, if any, he would like to be m ade.

(3) After the particulars of the offence or o ffences which the accusedperson adm its to have comm itted have been settled, the Court shall convictthe accused person of the offence or offences which he admits, and thenproceed to pass sentence on h im. Except that where the Court is satisfiedthat it is desirable that the passing of the sentence be deferred it may forreasons to be recorded, defer the same until some other time.

33. Where the accused person does no t admit the truth of the informa-tion or of any economic offence it in, the Court shall enter a plea of notguilty to that information o r offence and proceed to the prelimina ry

Denial byaccused

31. (1) Every information shall contain such pa rticulars as arenecessary to give reasonable information as to the nature of the offence oroffences including a statement of the law and the section, or other divisionof it, under which the accused person is charged.


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Economic and Organized Crime Control 2 11984No. 13

hearing in accordance w ith section 34 , after which the Cou rt shall hear theevidence of the witnesses for the prosecution and, if he so wishes, of theaccused person and his witnesse s; but where, during the preliminary

hearing or the trial, the accused admits the truth of the information, orof any economic offence in it, the Court shall follow procedureprescribed in section 32 .

34.-(1) Notwithstanding the provisions of any other written law, if anaccused person pleads not guilty, the Court shall as soon as practicablehold a preliminary hearing in open court in the presence of the accusedand, whe re the accused is represented, his advocate, and of the prosecutingofficer to establish matters relating to the charge which are not indispute so as to promote a fair and expeditious trial.

(2) At the con clusion of the preliminary hearing held under this sectionthe Judge shall prepare a mem orandum of the matters agreed as notdisputed, read it over and explain it to the accused in a language that heunderstands, and have it signed by the accused and, if represented, his

advocate and by the prosecuting officer and then filed.(3) Any fact or document admitted or agreed in a mem orandum filed

under this section, whether su ch fact or document is me ntioned inthe summary of evidence or not, shall be deemed to have been duly pro-ved and it shall not be necessary to call witnesse s to prove it; but ifduring the course of the trial the Court is of the opin ion that the intere-sts of justice so demand, it may direct that any fact or document admittedor agreed in a mem orandum filed under this section be formally proved.

(4) Wherever possible, the accused person shall be tried during thesessions of the Court at which he is charged, and if a case be adjournedafter the preliminary hearing to a date more than a month later due to theabsence of w itnesses or any other cause, nothing in this section shall beread as requiring the same Judge who held the preliminary hearing under

his section to p reside at the trial.(5) The Minister may, after consultation with the Chief Justice, make

rules to be published in the Gazette for the better carrying out of the pur-poses of this section and without prejudice to the generality of the powerof the Minister, the rules may provide for-

(a) delaying the summ oning of w itnesses until it is ascertained w hetherthey will be required to give evidence on the trial or not;

(b) the giving of notice to witnesses, warning them that they may berequired to attend the Court to give evidence at the trial.

35.-(1) After a person is cha rged but before he is con victed by theCourt, the Court may on its own motion or upon an application made bythe accused person, subject to the following provisions o f this section,admit the accused person to bail.

(2) No twithstanding anything in this section contained no person sha llbe admitted to bail pending trial, if the Director of Public Prosecutionscertifies that it is likely that the safety or interests of the Republic wouldthereby be prejudiced.

Bail

Preliminary

hearing


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1984Economic and Organized crime ControlNo. 1322

(3) The C ourt shall not admit any person to bail if-

(a) it appears to it that the accused person h as previously been sente-

nced to imprisonm ent for a term exceeding three years'(b) it appears to it that the accused p erson has previously been granted

bail by a court and failed to comply with the conditions of the bailor absconded;

(c) the act or any of the acts constituting the economic offence withwhich he is charged consists of an assault on or threat of violenceto another person, or of having or p ossessing a firearm or an explo-sive;

(d) the accused person is charged with an econom ic offence alleged tohave been committed while he was released on bail by a court oflaw;

(e) it appears to the Court that it is necessary that the accused personbe kept in custody for his ow n protection or safety.

(4) Where the Court decides to adm it an accused person to bail, it shallimpose the fo llowing conditions on the bail, namely:-

(a) execution of a bond to pay such sum of m oney as is comm ensurateto the m onetary value and the gravity of the offence concerned;

(b) appearance by the accused before the Court on a specified dateat a specified time and place;

(c) surrender by the accused to the police of his passport or any othertravel document; and

(d) restriction of the movem ent of the accused to the area of the town ,village or o ther area of his residence.

(5) The C ourt may, in addition to the man datory conditions prescribedin subsection (4) impose any one or more of the following conditions,namely:-

(i) requiring the accused to report at specified intervals to a policestation or other authority in his area of residence;

(ii) requiring the accused to abstain from visiting a particularlocality or premises, or association with certain specifiedpersons;

(iii) any other condition which the C ourt may d eem fit to imposein addition to the preceding conditions,

which appear to the Court to be likely to result in the appearance o f theaccused for the trial or resumed trial at the time and place required or as

.

may be necessary in the interest of justice or for the prevention of crime.I

36. Where an accused person has been admitted to bail and circum-stances arise which, if the accused person had not been admitted to bail

would, in the opinion of a law officer or a prosecuting officer, justifythe Court in refusing bail or in requiring bail of a greater amoun t, amagistrate may, on the circumstances being brought to is notice by alaw officer or prosecuting officer issue a warrant for the arrest of the accu-sed person and, after giving the accused person an opportunity of being

Change ofcircumst-

ancas aftergrant ofbail

22


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24 Economic and Organized Crime ControlNo. 13 1984I

Procedure During Trial

38.-(1) Upon the conclusion of the preliminary hearing the Courtshall in all proceedings take all necessary measures to ensure the early and

just determination of cases brought before A.

Expeditinof actions

(2) The D irector of Public Prosecutions may in any proceeding beforethe Court file a certificate stating that in his opinion the case is of immenseor general public imp ortance; and the certificate shall forthwith be broughtto the attention of the Court.

(3) Upon receipt of a certificate filed pursuant to subsection (2) theCourt shall assign the case for preliminary h earing or for trial, as the casemay be, as soon as practicable, conduct its hearing and determination, andcause the trial to be exped ited in every way.

39. At any stage of the proceedings the Court may, if satisfied that theaccused person has no case to answer, dismiss the charge and acquit theaccused person.

Dismissalof charge

40.-(1) Where after the prosecution closes its case the Court findsthat the evidence for the prosecution establishes a case sufficient to requirethe accused person to defend himself against the economic Offence charged'it shall so inform the accused person and require him to adduce evidencein his defence.

(2) Where the Court is satisfied that the evidence adduced by the prose-cution up to the close of its case is no t sufficient to found a conviction ofthe econom ic offence charged, but that it establishes a case in relation to acognate offence which is an econom ic offence and for which the accusedperson may be convicted in the alternative, or if the case for the prose-cution establishes other econom ic offences in addition to that charged, theCourt shall inform the accused of its finding and require him to defendhimself against the offence established by the prosecution instead of the

offence charged, or against those other econom ic offences established bythe evidence as well as the offence cha rged.

(3) An accused person w ho elects to give evidence in his defence may doso either on oath or without taking the oath, but shall in either case besubject to cross-examination by the prosecution as well as the Court.

(4) Where an acc used person w ho is required to defend himself electswith no apparent excuse not to say anything and, in addition, not to callany witness or witnesses, an inference adverse to him m ay be drawn , andthe Court as well as the prosecution may comment on his failure to giveevidence in his defence-

41.-(1) Where a person charged with an econom ic offence intends torely Upon an a libi in his defence he shall first indicate to the Court theparticulars of the alibi at the preliminary hearing-

Procedureof defenceof alibi

(2) W here an accused person does no t raise the defence of alibi at thepreliminary hearing, he shall furnish the prosecution with the particularsof the alibi he intends to rely upon as a defence at any time before the casefor the prosecution is closed.

Procedure

on close of

case for the

prosecutions


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Economic and Organized Control 2 51984No. 13

(3) if the accused raises a defen ce of alibi without having first furnishedthe particulars of the alibi to the court or to the prosecution pursuant tothis section, or after the case for the defence has opened, the Court may,

in its discretion, accord no w eight of any kind to the defence .42.-(I) After all the evidence has been heard, the Court shall proceedto pass judgment and convict or acquit and discharge the accused accord-ingly.

(2) Every judgment shall contain the point or points for decision, thedecision on the point or points and the reasons for the decision, and shallbe dated and signed by the majority of the members of the Court hearingthe case who are in agreem ent as to the decision reached.

(3) Where any m ember holds a view w hich is different from that of themajority, he shall record the reasons for h is difference and they shall alsobe read out as part of the judgm ent.

43.-(I) When a person is charged with an econom ic offence and the

Court is of the opinion that he is not guilty of that offence but is guilty ofany other econom ic offence cognate to the one charged, the Court mayconvict that person of that other economic offence although he was notcharged w ith it.

(2) W here the Court is of the opinion that, in addition to the economicoffence charged, an accused person is guilty Of any other economic offe-rice or offences with which h e could justly have been charged , it may% if ithas previously complied with the provisions of section 40(2 ), convict thatperson of the o ther economic offence o r offences, if it would have been

jus t at law to charge him with the offence o r offences together with theone with w hich he is charged; save that previous non-com pliance with sec-tion 40 (2) shall not invalidate a subsequent conviction under this section.

44.-(1) Where the Court convicts a person of any economic offence

may make any order in respect of the property of that person such as ithas power to m ake in respect of property under section 23 .

(2) Notwithstanding the generality of subsection (1), the Court shall not.

of an economic offence if the property in question or any part of it is notproved to have been involved at all in the com mission or facilitation of theoffeflce; and any such property or any part of it shall be disposed of inaccordance with subsection (3) as if the owner or pe rson in respect ofwhom it had been seized had been acquitted.

(3) Wh ere the Court acquits a person of any economic offence it shallorder that any property in respect of which he was charged or which wasinvolved in the charge or the value of that property be restored to him.

(4) The Minister shall make regulations providing for the better and

just disposal o f property under this sect ion and, without p rejudice to thegenerality of the power of the Cou rt such regulations may provide for themanner of the disposal of forfeited property as well as prop erty in relationto which no o rders of forfeiture are made or intended to be made by theCourt.

Judgment

and sentence

Alternative

verdits

Orders in

respect of

property


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Economic and Organization Crime Control26 1984No 13

Provisions Regarding Evidence45.-(1) Except as is expressly provided otherwise in this Act, the rules

of procedure for the adduction, reception and evaluation o f evidence andthe manner of proving relevant facts in any proceedings under this Actshall be as is provided by the Evidence Act, 1967.

46.-(1) Subject to compliance with the p rinciples prescribed by thissection, the Court may obtain or hear any evidence which is pertinent to

the inquiry before it from such person o r persons and in such manneras it deems necessary and just.

(2) Subject to com pliance with the principles prescribed by this section,the Court may receive any evidence which is worth of belief and is relevantand valuable for the just determination of the inquiry whether or not theevidence in question is evidence within the meaning of the term under theEvidence Act, 1967.

(3) For the purposes of determining whether or not to hear or receiveany evidence or w hether or to wh at extent, any evidence received be reliedupon in reaching its decision on any matter, the Court shall take intoaccount and be guided by the principle that-

(a) no person should be involved in finally determining, or be regardedas a witness whose evidence m ay be relied upon in finally determini-ng, any issue where that person has any kind of personal interestin the determination;

(b) a person shall not be tried for any offence unless he is previouslyfully informed of the intended accusation;

(c) every person charged before the Court shall, unless he becomesdisruptive or absconds, be afforded a reasonable opportunity todefend him self including facilitating the attendance and app earanceof his witness or witnesses, without which oppo rtunity he shall notbe condemned;

(d) the Court shall not do o r omit to do any act or thing the doing orommission of which would impute bias against or for any side inits decision.

47.-(1) The evidence to be adduced by all parties and their witnessesin any trial or proceeding before the Court shall be given on o ath oraffirmation, except for a child of the apparent age of or below fourteenyears, who, in the opinion of the Court does not understand the natureof the oath or affirmation.

(2) Depending on whether the person to give the evidence belongs toany religion or to none, the alternative forms of the oath and affirmationto be taken by all persons prior to giving any evidence before the Courtfor the purposes o f this Act shall be as 'prescribed in the Second Sche-dule to this Act.

Evidence on

oath or

affirmation

Application

of Evidence

Act, 1967

Acts 1967No 16

Manner of

obtaining

and sources

of evidence


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Economic and Organized Crime Control 2 71984No. 13-

(3) Any person who, after taking the oath or affirmation, proceeds togive any false testimony or which he knows to be untrue in any materialparticular shall be guilty of the offence of pe rjury and punishable for itby the Court in accordance with the provisions of the Penal Code relating Cap. 16to that offence.48.-(1) The evidence shall be given in such order as the Court directsand, subject to section 49, the evidence for the prosecution shall be givenin the presence of the accused person.

(2) N otwithstanding subsection (I)-(a) without prejudice to the Power of the Co urt to recall them, witnesses

for the prosecu tion shall give evidence first;(b) subject to par&graph (c), if the accused person wishes to give

evidence, he shall give it before his witnesses do so; and(c) the accused person shall be afforded an opp ortunity of giving

evidence in rebuttal of any evidence given, after he himself hasgiven evidence, by the witnesses for the prosecution or witnesses

called on the instance of the Court.(3) The Court as well as the accused person or the person appearing

for him m ay put relevant questions to the witnesses for the prosecution.(4) The C ourt and the prosecuting officer may put relevant questions to

the witnesses of the accused perso n and, if he gives evidence, to the accusedperson.

(5) The accused person,. or the person appearing for him, and theprosecuting officer may, with the consent of the Court, put questions towitnesses called by the Court.

(6) The Judge shall record the substance of the evidence of the witnessesfor the prosecution, the accused person and his witnesse s, and aftereach of them has given evidence the Judge and the lay mem bers shall each

affix his signature at the foot of the evidence.49.- (1) The Court may allow evidence to be given before it in the

absence of the accused person if-

(a) it considers that by reason of his disruptive conduct in the face o fthe Court it is not practicable for the evidence to be taken in hispresence; or

(b) he cannot be p resent for reasons of health, other than mentalhealth, but is represented by an advocate, or a friend or r elativeand has consented to the evidence being given in his absence; or

(c ) after being admitted to bail he absconds or conc eals himself suchthat a warrant of arrest in relation to him m ay not be executed,and the Court proceeds in accordance w ith section 37 (4)(b).

(2) Where an accused person conducts himself so disruptively in the

face of the Court that the trial cannot proceed in an orderly manner, theJudge may cause him to be removed to another part of the court buildingand to rema in there while the trial is in progress, and afford him anopportunity, at reasonable intervals, of learning of the trial proceedingsthrough his advocate or other representative.

Evidence in

presence of

accused and

examination

Evidence in

absence of

accused


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2 8 No. 13 1984Economic and Organized Crime Control,

(3) A disruptive accused person removed from the court room shall,when informed of the trial proceedings, be informed also of the continuingopportunity for him to return to the court room during the trial upon hisassurance of good behaviour- and he may be summ oned to the court9room at appropriate intervals and have the offer to permit him to remainthere repeated in open court at each such interval.

(4) For the purposes of this Act, and the avoidance of doubt, the Courtmay deliver judgm ent in the absence of the accused person if he conductshimself so disruptively such that a judgment may not be convenientlydelivered in his presence,

50.-(1) Where any evidence is given in a language not understood bythe accused person, it shall be interpreted to him before the Court in alanguage understood by him.

Interpre-tation of

evidence

(2) Before entering upon the duties of his office, an interpreter shallbe sworn or affirmed by the magistrate.

51.-(1) Where in any proceedings arising under this Act, the Court issatisfied that a person summoned as a witness in the proceedings is, withoutlawful cause, refusing to com ply with an o rder to answer any questionput to him, to testify or provide other in formation, including producingany documen t, record, recording or other material, it may upon suchrefusal or when the refusal is brought to its attention, summarily orderhim to be confined at a suitable place until such time as the witness maybe willing to answ er the question, give testimon y or provide such informa-

Refractorywitnesses

tion.

(2) Confinem ent of a witness under this section shall last for the dura-tion of the trial of the case concerned.

(3) Any person confined under this Act may appeal against the orderof confinement to the Court of Appe al.

(4) A person may be gran ted bail pending the determination of hisappeal; but no bail shall be granted if it appears that the appeal is frivolous,vexatious or taken for delaying tactics.

(5) An appeal from an order for confinement under this section shallbe disposed of as soon as practicable, but in no case shall it remain unde-termined for m ore than thirty days from the day of its filing.

52 . Where he is satisfied on reasonable grounds that there is any dangeror real possibility of danger of interference with any case under this Actthrough interference with or threats of harm to any witness or potentialwitness, the Inspector-General of P olice

Protectionof witnesses

may, on his own motion o r afterconsultation with the Director of Public Prosecutions, arrange for theprovision of security for the witness or potential witnesses concernedand, if necessary, the family or families of that witness or po tential

witness or w itnesses,Immunity 53.-(1) Without prejudice to the provisions of any written law

conferring a right to refuse to disclose o fficial secrets, where in anyproceeding arising under this Act, any witness refuses to answer any

of witnesses


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2 91994Economic and Organized Crime Control,No. 13

question on the ground that the answer to it may incriminate him, or totestify or provide other information on the ground that the informationis privileged or he is not authorised to disclose it, and the Court is of theopinion that such is not the case, the Court may make an order requiringthe witness to answer the question, testify or provide that other informa-tion.

(2) Where a witness is required to do so pursuant to subsection (1),he may not refuse to comply with the order requiring him to answer aquestion, to testify or to provide that other information, save that notestimony or other information compelled under the order, or any informa-tion directly or indirectly derived from such testimon y or o ther information,may b e used against the witness in any criminal case, other than a prosecu-tion for perjury, giving a false statement or otherwise failing to complywith the order.

(3) W here it appears to any party to any proceedings arising under thisAct that any person who has been or may be summoned as a witness byhim or the adverse party-

(a) has refused or is likely to refuse to answer any question to testify orprovide other information on the basis of h is privilege againstself-incrimination; or

(b) where the inform ation is privileged, that the information to beproduced from that person may be necessary to the public interest,

that party may request that an order be made under subsection (1)compelling the person to answer a question, to testify or to provide suchother information.

(4) Where a person is required to answer any question, to testify orgive such other information pursuant to subsection (3), the provisionsof subsection (2) as to immunity shall apply to him in relation to histestimony.

54 .-(1) Where upon application by any party to any proceedings underor arising under this Act, it appears to the Court that due to exceptionalcircumstances it is in the interest of justice that the testimony of a p rospe-ctive witness for any party be taken and preserved, it may, at any timeafter proceedings have been instituted and after giving notice to the parties,order that the testimony of that witness be taken by deposition, and thatany document or other thing not privileged be produced by that witnessat that time and place. After the deposition has been subscribed by himthe Court may discharged the witness.

(2) The party on whose application a deposition is to be taken shallgive to every other party reasonable notice of the time and p lace for,taking the deposition, stating the name and address of every person to beexamined; and such other party may apply showing. sufficient causefor extension or abridgment of the time or change of the place for takingthe deposition. Any person having custody of an accused person orcontrol over him shall be no tified of the time and p lace set for the exam ina-tion, and shall produce him or p ermit him to be p resent at the examinationand in the presence of the w itness.

Depositions

testimonyto preserve


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198430 No. 13 Economic and Organized Crime Control

(3) An accused person may appear with or be represented by hiscounsel during the examination of a w itness for the purpose of this section.

(4) Where any witness being deposed has made a previous statementwhich is in the possession of the p arty calling for the deposition, thatparty shall make that statemen t available to be accused person for hisexamination and use at the taking of the deposition unless the statementis not one which that party would be required to make available to theaccused person or the defenda nt if the witness were testifying at the trial.

(5) All depositions for the purposes of this section shall be takenbefore any magistrate named in the order for the deposition to be takenmade by the Court.

(6) At the trial or upon any hearing subsequent to the taking of adeposition, a part or the whole of a deposition, so far as it is admissibleunder the rules of evidence, may be used, if it appears that-

(a) the witness is dead; or(b) the witness is outside the United R epublic, unless the absence o f the

witness appears to be or to have been procured by or with theconnivance of the party offering to use the deposition; or

(c) the witness is unable to attend or testify because of sickness orinfirmity; or

(d) the witness is present but refuses to testify concerning the subjectof the deposition or part of it.

(7) Any deposition may be used at the trial or hearing to contradictor impeach the testimony of the depone nt as a witness.

(8) Where only a part of a d eposition is offered in evidence by a party,any adverse party may require him to o ffer the whole of the depositionwhich is relevant to the part offered, and an y party m ay offer other parts.

(9) Objections may be made to receiving in evidence a deposition or

part of it in the same m anner and to the same extent, subject to theprovisions of this Act, as they are made in criminal trials before theHigh Court.

55.-(1) In every proceeding arising under this Act every party shallbe entitled to apply that evidence be rejected on the ground of its sourceor the manner in which it was obtained.

(2) Evidence shall be rejected, or its admissibility shall depend on itsbeing independently corroborated if it is proved to have been obtained-

(a) through torture, threats or fraud;(b) after the commission by the person offering it or his agent of an

unlawful act,save that no evidence shall be rejected on the allegation only that it wasunlawfully obtained.

(3) No confession which is tendered as evidence shall be rejected on theground only that a promise, threat or inducement was or has been heldout to the person confessing unless the Court is of the opinion that theprom ise, threat or inducemen t, as the case may be, could have occ asionedthe making of an untrue admission.

Litigation

concerning

sources of

evidence


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3 11984No. 13 Economic and Organ ized Crime Control

PART V

OFFENCES AND PENALTIES

56 .-(1) With effect. from the 25th day of September, 1984, the offences

prescribed in the First Schedule to this Act shall be known as economicoffences and triable by the Court in accordance w ith the provisions of thisAct.

(2) The Minister may, by order published in the Gazette, and with theprior approval by resolution of the National Assembly, amend or other-wise alter the First Schedule to this Act but no offence shall be removedfrom the First Schedule under this section except by an Act of Parliament.

57 .-(1) The jurisdiction of the Court for the purpo ses of this Actshall extend to the same extent and apply in the same m anner and respectsas the jurisdiction of the courts of law in the United Republic does forthe purposes of the Penal Code.

(2) Except where it is expressly stated otherwise in the precedingprovisions of this Act or in the substantive statement of any on e econom ic

offence, the general rules as to criminal responsibility contained in ChapterIV of the Penal Code, as well as the provisions of Chapter V of the PenalCode regarding parties to offences, shall apply in respect of o ffences forthe purposes of this Act.

58. (1) Whe re the A ttorney-General is satisfied that any personhas in his p ossession or to his credit any p roperty or advantage involvedin or arising out of the commission by any person of an economic offence,

he may, by notice addressed to that person or to any other person to whomthe property or advantage or the proceeds or value is believed to havebeen transferred or conveyed by that person or h is agent, direct thatperson to wh om the no tice is addressed not to transfer, dispose of orpart with the possession of the sum of mo ney, property or other advantagespecified in the notice, and every such notice shall remain in force and bebinding upon the person to w hom it is addressed and every other person

to whom the money, property or other advantage may pass by operationof law for a period of six months from the date of the notice or, whereproceedings for an offence under this Act or any other w ritten law inrelation to the p roperty or other advantage have been commenced againstany person, until the determination of those proceedings; save that theMinister may in any case, by order under his hand, extend that period forsuch further period or periods as he m ay specify.

(2) Any person who has been served with a notice under subsection (1)and who, in contravention of such notice, transfers, disposes of or partswith the possession of the money, property or other advantage specifiedin the notice, is guilty of an offence and sha ll be liable on conviction toimprisonm ent for a term not exceeding fifteen years.

(3) A person p rosecuted for an offence under subsection (2) shall beacquitted if he satisfies the Court that-

(a) the money, property or other advantage concerned was deliveredto a police officer, or to some o ther person a s directed in thenotice; or

Offences

under thisAct,

Application

of Penal code

Prohibition

of transfer

of advantage

or property

involved in

economic

offence


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(b) the money, property or other advantage was produced to a courtand has been retained by that court; or

(c) the notice was subsequently withdrawn by the Attorney-Generalby notification in w riting.

59.-(1) Except where a different penalty, measure or penal p rocedureis expressly provided in this Act or in the statement of an offence. uponthe conviction of any person of any economic or other offence fallingunder the Penal jurisdiction of the C ourt, the Court may im pose in relationto any person, in addition to any order respecting property, any of thepenal measures prescribed by this section, but not any other.

Punishmentfor provedcrimes

(2) Subject to subsection (3), any person convicted of an econom icoffence shall be liable to imprisonment for a term not exceeding fifteenyears, or to both that imprisonmen t and any other penal measure prov idedfor in this Act.

(3) In considering the propriety of the sentence to be im posed the

Court shall comply with the principle that-(a) a proved offence which is in the nature of an organised crime or onethat is endangering the national economy or public property, inthe absence of mitigating circumstances, deserves the maximumpenalty;

(b) any other economic offence m ay be sentenced with a sentence thatis suitably deterrent - andt

(c) children and young persons shall be sentenced in accordance withthe provisions of the Children and Y oung Persons Ordinance.

(4) Where a person is convicted and sentenced to a term of imprison-ment, or is to serve a sentence of imprisonment after failing to pay a fine,he shall serve the term as a common prisoner and the privisions of thePrisons Act, 1967, shall apply in respect of his imprisonment as if he hadbeen sentenced by the High court as ordinarily constituted.

(5) Every order made by the Court under this Act which authorizesthe forfeiture of property shall be sufficient authority for the Inspector-General of Police to seize all property or other interest declared forfeitedupon such term s and conditions as the Court shall see fit to impose.

(6) If any forfeited property, right or other interest is not exercisable orcapable of transfer for value by an agency of the United Republic it shallexpire, and shall not revert to the person from whom the forfeitureis intended to d ivest it.

(7) The provisions of any written law re lating to the disposition ofproperty, or the proceeds from the sale of property, or the remission ormitigation of forfeitures for violation of customs an d excise laws, and thecompromise of claims and the award of compensation to informers inrespect of such forfeitures shall apply to forfeitures incurred or alleged to

have been incurred, under this section, so long as they are applicable andnot inconsistent with the purposes an d provisions of this Act.

(8) Such duties as are imposed upon the Commissioner-General ofCustoms, the Commissioner for Customs and Sales Tax or any of theperson in relation to the disposition of property under customs, excise an


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taxation legislation shall, in relation to matters arising from offences o rproceedings under this Act, be performed by the Inspector-General ofpolice who shall dispose of all such property as soon as is commercially

feasible, making due provision for the rights of innocent persons and inaccordance with this Act.

60. (1) Where the Court is satisfied that the commission of theeconomic offence of w hich a person is convicted involved or caused oris likely to cause any injury or damage to any person, body of persons orother authority or to the property or interest in the property of anyperson, body of persons or other authority, the Court may-

(a) order that the person convicted pay such compensation for theinjury or dam age concerned as it may deem just;

(b) order the person convicted or any other person concerned to divesthimself of any direct or indirect interest in any enterprise;

(c) impose such restriction as it may consider reasonable on the futureactivities or investments of the person convicted or any otherperson, including, but not limited to, prohibiting any person fromengaging in the same type of endeavour as the enterprise engagedin, the activities of,A hich facilitated or were connected to thecommission of the econom ic offence in question, or do otherwiseaffect internal trade or foreign commerce; or

(d) order the dissolution or reorganization of any enterprise, makingdue provision for the rights of innocent persons; or

(e) make any other order in respect of the convicted person or h isproperty, for the purposes of providing for adequate restitution ofany public property or interest injured or damaged, and for thebetter control, averting, reduction or eradication of econom ic

and organized crime.

(2) In mak ing an order under subsection (1) involving the attachmentof the property of any person, the Court shall comply with the provisionsof section 48 of the Civil Procedure Code, 1966.

(3) An order made under subsection (1) shall be filed by the personor authority in whose favour it is made in the district court having jurisdction over the area in which the convicted person, or the person againwhom it is made, ordinarily resides or in which the property concernsis situate, and upon being so filed the order shall be deemed to be a decreepassed by the district court and may be executed in the same manner as,if it were a decree passed under the provisions of the Civil Procedure Cod e

1966, and the district court shall have jurisdiction to execute that decreenotwithstanding that the value of the p roperty or the amou nt of thecompensation awarded exceeds the pecuniary jurisdiction of the districtcourt.

Orders for

compensa-

tion

restitution,

etc,


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34 No. 13 Economic and Organized Crime Contra,

(4) For the Purposes Of this section, the Court may at any timepending the determination of any proceedings, upon the application ofthe prosecution or of any other P erson or authority injured in hisbusiness or property by reason of the acts of the accused Person, enter

such, restraining orders prohibitions or injunctions, or take such othersactions including the acceptance of satisfactory performance bo nds,as it may deem just.

(5) Where an application is made under subsection (4) for the exerciseby the Court of its powers under that subsection, the Court shall notmake any order in favour of the applicant unless he proves the damageor injury and his own non-contribution to its occurrence or causation.

61. A Person aggrieved by a decision of the Court may appeal to theCourt of Appeal o f the United Republic in accordance with establishedlaw in that behalf.

Right ofAppeal

PART VI

MISCELLANEOUS PROVISIONS

62. The M inister may m ake regulations Providing for anything which isrequired or may be Provided for under this Act, and generally for thebetter carrying out of the Purposes and P rovisions of this Act.

Regulations

63. The written laws specified in the first and second columns of theAmendmentThird Schedule to this Act are hereby amended in the manner specifiedof certainin relation to those laws in the third column Of that Sche dule.

64. The Econom ic Sabotage (Special Provisions) Act, 1983, as amended,by the Econom ic Sabotage (Special Provisions) (Am endment) Act, 1983,is hereby repealed.

Repeal ofActs 9 and10 of 1983

65.-(1) Notwithstanding the repeal of the Econ omic Sabo tage (SpecialProvisions) Act, 1983 , where imm ediately prior to the comm encement ofthis Act, the Tribunal had-

Conseque-ntial andtransitionalprovisions

(a) comm enced the hearing of any case relating to an econom ic sabo-tage Offence, it shall continue the hearing until it determines theProceedings in that case;

(b) adjourned the hearing of any case relating to an econom ic sabotageOffence, it shall resume the hearing on the fixed or earlier date andproceed to further hear and determ ine the proceedings in that case;

but the Tribunal shall not take a plea or p leas in respect of any freshcase not brought before the commen cement of this Act.

(2) For the avoidance o f doubt no fresh case shall be brought before theTribunal after the 20th day of September, 1984, and no case in respect ofwhich the Tribunal had not taken a plea or commenced hearing shallproceed before the Tribunal after the comm encement of this Act.

(3) Every case which the Tribunal continues to hear and determineshall be heard and determined in accordance w ith the Provisions of theEconom ic Sabotage (Special Provisions) Act, 1983, as if this Act had notbeen enacted.

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written Laws


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Economic and organized Crime Control 35No. 13 1984

(4) Whe re a case is pending w ith the police or before the Tribunal butit may not be heard by the Tribunal as a result of the operation of thepreceding provisions of this section, proceedings in respect of it shall beinstituted before the Court, subject to this A ct.

(5) The repeal of the Economic Sabotage (Special Provisions) Act, 1983,shall not-

(a) affect the previous operation of that Act or anything duly done orsuffered under it;

(b) revive anything not in force or existing at the time immediatelybefore the commencem ent of this Act;

(c) affect any right, privilege, or obligation or liability acquired,accrued, or incurred under the repealed Act; or

(d) affect any penalty, forfeiture or punishment incurred in respect ofany economic sabotage or other o ffence committed and triableunder the repealed Act.

FIRST SCHEDULE

(Section 56(1))Economic O ffences

1. A person is guilty of an offence under this paragraph who commits any offe-nce under the Exchange Control Ordinance----

(a) which is beyond the statutory power of the Governor to compound; or

(b) which, considering the circumstances of its commission, the Governor is of theopinion, which he shall certify to the Director of Public Prosecutions, that it isunsuitable to compound.

2. A person is guilty of an offence under this paragraph who commits any offenceunder the Prevention of Corruption Act, 1971.

3.-(1) Any person who knowingly and wilfully gives, promises or offers to-(a) any amateur or professional player or boxer; or

(b) any player, referee or linesman or other official who participates, has participatedor expects or is expected to participate in any amateur or pro fessional game or sport; or

(c) any manager, coach, handler, trainer or other official of any team; or

(d) any participant or prospective participant in an y sports contest,any benefit or valuable thing with intent to-

(i) influence him to lose or try to lose or cause to be lost or to limit his or histeam's margin of victory or defeat; or

(ii) affect his decisions or the performa

economic and organized crimes act

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