Revised Laws of Saint Lucia (2023)

Schedule

(Section 2)

CORRUPT CONDUCT

1.   Corrupt conduct, in relation to a public officer or public official, includes —

(a)     soliciting or accepting an undue advantage for himself or herself or for another person;

(b)     performing or refraining from performing his or her public functions for the purpose of obtaining an undue advantage for himself or herself or for another person;

(c)     promising, offering or giving to a person an undue advantage to perform or refrain from performing his or her official function;

(d)     abusing his or her real or supposed influence to obtain an undue advantage for himself or herself or for another person;

(e)     misbehaviour in public office;

(f)     misfeasance in public office;

(g)     fraudulently using or concealing property or other benefit;

(h)     offering or granting, directly or indirectly to another public officer or public official an article, money or other benefit being a gift, favour, promise or advantage to the other public officer, public official or another person, for doing an act or omitting to do an act in the performance of the other public officer's or public official's public function;

(i)     allowing his or her private interest to conflict with his or her public duties or improperly influence his or her conduct in the performance of his or her public duties;

(j)     offering or granting, directly or indirectly to a person performing a public function in a foreign State, an article or money or other benefit, being a gift, favour, promise or advantage in connection with an economic or commercial transaction for an act to be performed or omitted to be performed by that person in the performance of the person's public functions;

(k)     acquiring, directly or indirectly, property or pecuniary resource disproportionate to his or her legitimate sources of income;

(l)     instigating, aiding, abetting or is an accessory after the fact or participating in a manner in the commission or attempted commission of or conspiring to commit corrupt conduct.

2.   For the purposes of paragraph 1(e), “misbehaviour in public office” means the intentional action on or inaction of a public officer or public official in the course of his or her official function, in breach of the public trust and without reasonable excuse or justification, that causes a reasonable person to conclude that the public officer or public official has abused his or her public office.

3.   In this Schedule —

(a)     a reference to misbehaviour in public office is a reference to a criminal action; and

(b)     a reference to misfeasance in public office is a reference to the civil cause of action.

CHAPTER 2.20
SPECIAL PROSECUTOR ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Special Prosecutor (Form of Oath or Affirmation) Regulations – Section 31

(Statutory Instrument 111/2022)

Statutory Instrument 111/2022 .. in force 22 August 2022

ARRANGEMENT OF REGULATIONS

SPECIAL PROSECUTOR (FORM OF OATH OR AFFIRMATION) REGULATIONS – SECTION 31

Commencement [22 August 2022]

1.   Citation

These Regulations may be cited as the Special Prosecutor (Form of Oath or Affirmation) Regulations.

2.   Form of oath or affirmation

For the purposes of section 19 of the Special Prosecutor Act —

1.  

   (a)     an oath or affirmation of appointment is set out as Form 1 of the Schedule;

1.  

   (b)     an oath or affirmation of secrecy is set out as Form 2 of the Schedule.

Schedule

FORM 1

(Regulation 2(a))

OATH OR AFFIRMATION OF OFFICE

FORM 2

(Regulation 2(b))

OATH OR AFFIRMATION OF SECRECY