Section 12: Powers of investigator
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
12. Powers of investigator
(1) The Commission may designate any of its officers to act as
investigator for the purpose of an investigation.
(2) (a) Notwithstanding any other enactment, an investigator may, for
the purpose of an investigation under this Act—
(i) take all lawful measures which a police officer may take
under the Police Act or any other enactment for the
detection of an offence, except arrest a person;
(ii) record a statement under warning from any person;
(iii) enter and search any premises occupied or used by the
Police Force or any other public body in that capacity;
(iv) inspect any document or other thing on the premises;
(v) take copies of any document on the premises.
(b) The Police Force and every other public body shall make available
to an investigator such facilities as may be necessary to enable the
Commission to exercise its powers under this Act.
(3) Where an investigator wishes to enter and search private premises in
furtherance of an investigation, he shall apply to a District Magistrate for a
search warrant, setting out the nature of the investigation and the purpose
of entering the premises.
(4) Notwithstanding any other enactment, the Supreme Court may, on an
application made by the Commission in connection with an investigation,
make such order, issue such writs and give such directions as it considers
appropriate for the purpose of enforcing this Act.
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Questions this section answers
- Can a Commission investigator arrest someone in the course of an investigation?
- If an investigator wants to search my private home, do they need a search warrant from a District Magistrate?