Investigation of Corrupt Practices: Government Inquiries and Investigations

Published date01 March 1997
Date01 March 1997
Pages50-55
DOIhttps://doi.org/10.1108/eb025816
AuthorRichard Harwood
Subject MatterAccounting & finance
Journal of Financial Crime Vol. 5 No. 1 Criminology
CRIMINOLOGY
Investigation of Corrupt Practices: Government
Inquiries and Investigations
Richard Harwood
Elaborate systems have been established to inves-
tigate and control the operation of government.
These enable central government to deal with
internal problems. But they also have important
roles in maintaining accountability to Parliament;
detecting breaches of the law and maintaining
public confidence in government.
These investigations may be into particular inci-
dents or to advise on a general matter. There may
be concern about the merits of a particular deci-
sion, whether procedures have been followed or
into the general performance of a unit or depart-
ment. Corruption, at least in the sense of bribery,
is unlikely to be the initial target of the investiga-
tion. Breaches of public or civil law may be sus-
pected, but this can uncover criminal offences,
actions for improper motives or financial corrup-
tion.
The investigatory powers are extensive, in some
cases greater than those of law enforcement agen-
cies.
That has important advantages, but the pur-
pose of the inquiry must be borne in mind. If the
inquiry becomes a criminal investigation then the
safeguards in the Police and Criminal Evidence
Act 1984 and its Codes of Practice may apply.1 The
privilege against self-incrimination and the right to
silence are curtailed by contractual or professional
obligations to employers.2
CENTRAL GOVERNMENT
Tribunals of Inquiry (Evidence) Act
1921
Statutory powers are given to inquiries established
by Parliament under the Tribunals of Inquiry
Page 50

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