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1 st REGIONAL LAW ENFORCEMENT ANTI-CORRUPTION CONFERENCE

1 st REGIONAL LAW ENFORCEMENT ANTI-CORRUPTION CONFERENCE. JAMAICA PEGASUS 22 ND -24 TH MARCH 2011 ANTIGUA AND BARBUDA Davidson Whyte Assistant Commissioner of Police. Introduction. Antigua and Barbuda has no National Law Enforcement Anti-corruption Policy.

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1 st REGIONAL LAW ENFORCEMENT ANTI-CORRUPTION CONFERENCE

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  1. 1st REGIONAL LAW ENFORCEMENT ANTI-CORRUPTION CONFERENCE JAMAICA PEGASUS 22ND-24TH MARCH 2011 ANTIGUA AND BARBUDA Davidson Whyte Assistant Commissioner of Police

  2. Introduction • Antigua and Barbuda has noNational Law Enforcement Anti-corruption Policy. • Two (2) Legislations addresses issues of corruption: • Integrity in Public Life Act (23 of 2004) • Prevention of Corruption Act (19 of 2004)

  3. Integrity in Public Life • First Schedule • Commissioner and Deputy Commissioner of Police (20) • Police Officers Inspector and above (21) • Comptroller of Customs and Senior Customs Officers • All commissioned officers of the ABDF

  4. Integrity in Public Life (cont.) • Code of Conduct Any person in public life shall not- (a) In return for anything done, or to be done, or omitted to be done in the execution of his duties, ask for or accept for himself or any person any money, property, benefits or favour of any kind over and above that which he is lawfully entitled to receive for the performance of his duties.

  5. Integrity in Public Life (cont.) (b) Allow private interest to conflict with his public duties or improperly influence his conduct in the performance of his public duties. (C) In the course of the performance of his official duties, aid, abets, counsel, procure or command any other person to commit a breach of the Code of Conduct.

  6. Integrity in Public Life (cont.) • Integrity Commission (1)To receive and retain all declarations filed with under the Act; (2)To make inquiries as it considers necessary in order to verify or determine the accuracy of a declaration; (3) To conduct an investigation into any offence of corruption under the Prevention of corruption Act

  7. Disclosure of Affairs Every person in public life shall file a declaration with the Commission setting out- • His income, assets and liabilities; • His public and private offices; • The assets of his children above eighteen years old; • The assets of his spouse and of their children below eighteen years old; • Any gifts received in the course of the performance of his public functions.

  8. Failure to file declaration • Where a Police Officer who is required to file a declaration fails to file a declaration, the Integrity Commission shall publish that fact in the Gazette and send a report for appropriate action to the Police Service Commission • A person in public life who, without reasonable cause, fails to make a declaration as required by reason of that failure, commits an offence and is liable on summary conviction to a fine not exceeding $10,000 EC or to a term of imprisonment not exceeding 12 years

  9. RPFAB Efforts • Establish dedicated unit to investigate disciplinary reports and reports made against police officers; • Regular Disciplinary Trials; • Internal Affairs Unit to investigate reports related to corruptions; • Creation of Proceeds of Crime Unit

  10. Positive Results • Better investigations into report made against police; • Accountability on state of matters under investigations; • Reduction on time reports remain under investigations; • Recent dismissal of appeals against convictions.

  11. Challenges • Lack of political and professional will to report and investigate matters related to the Integrity in Public Life Act • Inadequate resources to implement the relevant sections of the Law; • The lack of evidence to support cases of corruption;

  12. Looking Ahead • More public awareness • More use of the term corruption nation wide

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