Criminal Code (Cap. 9), article 541

541. (1) If, in cases where the exercise of the criminal action is vested in the Executive Police, the Executive Police shall, upon any information, report or complaint in regard to the commissio n of a crime, refuse to institute proceedings, it shall be lawful fo r the person who laid the information, or made the report or complain t, to make an application to the Cou rt of Magistrates for an order to the Police to institute proceedi ngs; and if, after hearing, whe re necessary, the evidence tendered by the applicant, and the Commissioner of Police, the court is satisfied that the informa tion, report or complaint is prima facie justified, it shall allow the application and shall, through the registrar, notify the Commissioner of Police of the order given thereon: Provided that, before any action is taken on any such application, the applicant shall confirm on oath the informatio n, report or complaint, and shall enter into a recognizance in a s um to be fixed by the court, to give his evidence at the trial, if so required, or to furnish any such e vidence at his disposal as ma y lead to the c onviction of the party accused: Provided further that where th e Attorney General by a note declares that agreement has be en reached with the competent authorities of another country that the courts of that country shall exercise jurisdiction over the crime the Court of Magistrates s hall consider such declaration conclusive and shall forthwith dismis s the application. CRIMINAL CODE [CAP. 9. 345 (2) The provisions of article 383 (2), articles 386 and 387 shall , in so far as applicable, apply to any recognizance under sub-ar ticle (1). (3) Any decision of the Court of Magistrates allowing, in whole or in part, an application under sub-article (1) shall be serve d on the Attorney General, toge ther with the record of the proceedings, within two working days from the date of the decision and the Attorney General may within seven working days from the date of service make an application to the Criminal Court for the rever sal or variation of the decision. The applicant may also make a sim ilar application to the Criminal Court within seven working days fro m the date of the decision of the Court of Magistrates disallowin g, in whole or in part, the application. An application to the Crimin al Court under this sub-article shall operate as a stay of executi on of the decision of the Co urt of Magistrates. (4) ( a) In cases where for the exercise of the criminal action the decision to prosecute is vested in the Attorney General, an y injured party may within a period of one month from when he knows or co uld have known, whichever is the earlier, of the decision of the At torney General not to prosecute, request the Attorney General in writi ng, and giving reasons, to reconsider the decision. Cap. 12. (b) I f w i t h i n o n e m o n t h f r o m t h e r e q u e s t f o r r e - consideration referred to in paragraph (a) the Attorney General either informs the injured party that he has reconsidered the case and decided to confirm his decision against the institution of criminal proceedings or fails to reply to the injured party then the injured party shall be entitled to seek judicial review of the decision of the Attorney General not to prosecute in accordance with the provision s of article 469B of the Code of Organization and Civil Procedure : Cap. 326. Provided that for the purposes of this sub-article, the Auditor General, the Commissioner for Standards in Public Life and the Ombudsman shall be entitled to ma ke any claim and to exercise a ny action which according to this su b-article pertains to the inju red party when they shall have reported any corrupt practice as defined i n the Permanent Commission Against Corruption Act to the Attorney General: Cap. 326. Provided further that the Permanent Commission Against Corruption shall be entitled to make any request to the Attorne y General and to exercise any action which according to this sub- article pertains to the injured party both in cases where the said Comm ission had reported any corrupt pra ctice, as defined in the Permanent Commission Against Corruption Act , and in cases involving a potential charge of a corrupt pr actice where the said Commissio n had not previously so reported such corrupt practice: Cap. 326. Provided further that where the decision of the Attorney General not to prosecute concerns a corrupt practice, as define d in the Permanent Commission Against Corruption Act , the Attorney General shall, within one (1) month from the date of such decision, 346 CAP . 9.] CRIMINAL CODE communicate in writing the said decision, together with the rea sons thereof, to the Permanent Commission Against Corruption. Persons by whom complaint may be made. Amended by: XI.1900.81; XLVI.1973.108; XXIV .2014.63.