OFFICE OF THE SPECIAL PROSECUTOR ACT, 2017 (ACT 959)

Office of the Special Prosecutor Act, 2017 Act 959 of 2017 Published in Ghana Gazette 1 on 3 January 2018 Assented to on 2 January 2018 Commenced on 3 January 2018 [This is the version of this document from 3 January 2018.] AN ACT to establish the Office of the Special Prosecutor as a specialised agency to investigate specific cases of alleged or suspected corruption and corruption-related offences involving public officers and politically exposed persons in the performance of their functions as well as persons in the private sector involved in the commission of alleged or suspected corruption and corruption-related offences, prosecute these offences on the authority of the Attorney-General and provide for related matters.

Legislation

Table of Content

Office of the Special Prosecutor

1. Establishment of the Office of the Special Prosecutor

2. Object of the Office

3. Functions of the Office

4. Mandate of the Office

5. Governing body of the Office

6. Functions of the Board

7. Duties and liabilities of a member of the Board

8. Tenure of office of members of the Board

9. Meetings of the Board

10. Disclosure of interest

11. Establishment of committees

12. Allowances

Special Prosecutor and Deputy Special Prosecutor

13. Nomination and appointment of Special Prosecutor

14. Functions of Special Prosecutor

15. Removal of the Special Prosecutor

16. Nomination and appointment of Deputy Special Prosecutor

17. Functions of the Deputy Special Prosecutor

17. Removal of the Deputy Special Prosecutor

Administrative and financial provisions

19. Divisions of the Office

20. Secretariat of the Office

21. Appointment of other staff

22. Funds of the Office

23. Bank account

24. Expenses of the Office

25. Accounts and audit

26. Annual report and other reports

Complaints and referrals

27. Complaint procedure and referrals

Powers of the Office

28. Officers to exercise powers of police

29. Request for information

30. Requirements for making a production order

31. Power to search and take possession of documents

Search and seizure of tainted property

32. Seizure of tainted property

33. Power to search for suspected tainted property

34. Searches in emergencies

35. Property not covered by warrant during search

36. Record, custody and management of seized property

37. Return of seized property

Freezing order

38. Freezing of property

39. Application for freezing order

40. Issue of freezing order

41. Effect of freezing order

42. Breach of freezing order

43. Duration of freezing order

44. Review of freezing order

45. Extension of freezing order

46. Appointment of a receiver

Disclosure

47. Disclosure of funds and other assets

48. Use of information contained in disclosure

49. Inaccurate disclosure of property

Confiscation order or pecuniary penalty order

50. Application for confiscation order or pecuniary penalty order

51. Notice of application

52. Amendment of application

53. Procedure on application

54. Procedure against property where a person dies or absconds

55. Confiscation order against property

56. Effect of confiscation order

57. Void transaction

58. Protection of third parties

59. Effect of quashing of conviction

60. Payment of pecuniary penalty

61. Procedure for enforcement of order for payment

62. Lifting the veil

63. Enforcement of pecuniary penalty order

64. A pecuniary penalty order is discharged

Realisation of property

65. Realisation of property

66. Utilisation of proceeds of realisable property

67. Insolvency

68. Winding up of company holding realisable property

Miscellaneous provisions

69. Offences relating to search, seizure and obstruction of authorised officer

70. Property tracing

71. Plea bargaining

72. Protection of witness

73. Co-operation with other public institutions

74. Confidentiality

75. General immunity

76. Declaration of assets

77. Mutual Legal Assistance

78. Regulations

79. Interpretation

80. Consequential amendments

81. Transitional provisions

Schedule

Office of the Special Prosecutor

1. Establishment of the Office of the Special Prosecutor

2. Object of the Office

3. Functions of the Office

4. Mandate of the Office

5. Governing body of the Office

6. Functions of the Board

7. Duties and liabilities of a member of the Board

8. Tenure of office of members of the Board

9. Meetings of the Board

10. Disclosure of interest

11. Establishment of committees

12. Allowances

Special Prosecutor and Deputy Special Prosecutor

13. Nomination and appointment of Special Prosecutor

14. Functions of Special Prosecutor

15. Removal of the Special Prosecutor

16. Nomination and appointment of Deputy Special Prosecutor

17. Functions of the Deputy Special Prosecutor

17. Removal of the Deputy Special Prosecutor

Administrative and financial provisions

19. Divisions of the Office

20. Secretariat of the Office

21. Appointment of other staff

22. Funds of the Office

23. Bank account

24. Expenses of the Office

25. Accounts and audit

26. Annual report and other reports

Complaints and referrals

27. Complaint procedure and referrals

Powers of the Office

28. Officers to exercise powers of police

29. Request for information

30. Requirements for making a production order

31. Power to search and take possession of documents

Search and seizure of tainted property

32. Seizure of tainted property

33. Power to search for suspected tainted property

34. Searches in emergencies

35. Property not covered by warrant during search

36. Record, custody and management of seized property

37. Return of seized property

Freezing order

38. Freezing of property

39. Application for freezing order

40. Issue of freezing order

41. Effect of freezing order

42. Breach of freezing order

43. Duration of freezing order

44. Review of freezing order

45. Extension of freezing order

46. Appointment of a receiver

Disclosure

47. Disclosure of funds and other assets

48. Use of information contained in disclosure

49. Inaccurate disclosure of property

Confiscation order or pecuniary penalty order

50. Application for confiscation order or pecuniary penalty order

51. Notice of application

52. Amendment of application

53. Procedure on application

54. Procedure against property where a person dies or absconds

55. Confiscation order against property

56. Effect of confiscation order

57. Void transaction

58. Protection of third parties

59. Effect of quashing of conviction

60. Payment of pecuniary penalty

61. Procedure for enforcement of order for payment

62. Lifting the veil

63. Enforcement of pecuniary penalty order

64. A pecuniary penalty order is discharged

Realisation of property

65. Realisation of property

66. Utilisation of proceeds of realisable property

67. Insolvency

68. Winding up of company holding realisable property

Miscellaneous provisions

69. Offences relating to search, seizure and obstruction of authorised officer

70. Property tracing

71. Plea bargaining

72. Protection of witness

73. Co-operation with other public institutions

74. Confidentiality

75. General immunity

76. Declaration of assets

77. Mutual Legal Assistance

78. Regulations

79. Interpretation

80. Consequential amendments

81. Transitional provisions

Schedule

Section 1

1. Establishment of the Office of the Special Prosecutor

(1) There is established by this Act a body corporate with perpetual succession to be known as the Office of the Special Prosecutor. (2) For the performance of its functions, the Office may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other related transaction. (3) Where there is hindrance to the acquisition of immovable property, the property may be acquired for the Office under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the Office.

Section 2

2. Object of the Office

The object of the Office is to (a) investigate and prosecute specific cases of alleged or suspected corruption and corruption-related offences; (b) recover the proceeds of corruption and corruption-related offences, and (c) take steps to prevent corruption.

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OFFICE OF THE SPECIAL PROSECUTOR ACT, 2017 (ACT 959)

1. Establishment of the Office of the Special Prosecutor

2. Object of the Office

OFFICE OF THE SPECIAL PROSECUTOR ACT, 2017 (ACT 959)

1. Establishment of the Office of the Special Prosecutor

2. Object of the Office