2. Challenges with Courts: Recovery 2

13. The End Thank you 13

11. I NNOVATIONS AND INITIATIVES • Applied to the Public and Private sectors in Sierra Leone . • CASH RECOVERIES have been made over 45 Million Leones approximately 3.5 million US dollars.

1. T H E A N T I - CO R RU P T I O N N O N - PRO S EC U T I O N P O L I C Y P r e s e n t e d b y : Fr a n c i s B e n K a i f a l a T h e C o m m i s s i o n e r A n t i - C o r r u p t i o n C o m m i s s i o n , S i e r r a L e o n e 1

12. INTRODUCTION AND BACKGROUND • From 130 in 2018, Sierra Leone has moved 22 places upwards to 108 in the 2023 TI Index with a score of 34, above the sub - saharan average. • SL has passed the MCC Scorecard with over 70% in 2018 through to 2023 (77%).  The new Afrobarometer Corruption survey 2023 shows significant improvements for Sierra Leone and among 1 of 6 countries in Africa that majority of their citizens (58%) believe that it is DOING WELL and APPROVE of the GOVERNMENT’s efforts against corruption. It was as low as 19% in 2015; there is jump by 39% in 2023.  Only 7% of citizens say CORRUPTION IS NOW A MAJOR ISSUE. It used to be the Number 1 issue.  We are also 3rd in Africa for good management of COVID 19 Funds. Behind Tanzania and Seychelles and No. 1 West Africa.  Also, corruption prevalence has dropped far below the African Average of 58.

4. What is the Non - Prosecution Policy of the ACC?  The Non - Prosecution Policy is a set of guidelines to aid prosecutors in deciding whether a particular matter should be prosecuted (charged to court or not) . 4

9. What are the benefits of this Policy? Benefits and advantages including the following :  an opportunity for coherence and consistency in decision - making and recommendations  Leads to predictable outcomes after the conclusion of investigations .  fosters public trus t and confidence .  Reduces delays associated with Prosecutions  enforces integrity of the work of the Commission in the fight against corruption . 9

10. Decision  When evaluating the strength of the evidence , the Prosecutor should not only consider the prosecutorial threshold (determining whether the elements of an offence fit the circumstances of the case) but he should also take cognizance of the strength of the evidence that can be accepted by the court and the likelihood of having a conviction if the matter is prosecuted in court .  Final decision rests with the Commissioner . 10

7. What are the Alternatives to Prosecution? The Policy provides a number of alternatives to criminal prosecution as follows :  Civil penalties ; Section 87 (Attachment Orders) and Section 133 (Damages for being a party to and benefiting from corruption) of the Anti - Corruption Act No . 12 of 2008 , as amended in 2019 .  Restitution for misappropriation offences ;.  Forfeiture and confiscation of assets ;  Cooperation agreements ;  Non - prosecution agreements ;  Deferral agreements ; 7

3. Non - Prosecution Policy cont’d  Section 7 ( 1 ) of the Anti - Corruption (Amendment) Act No . 9 of 2019  grants power to the Commissioner to either institute proceedings in court or enter into an agreement with a suspect : i. to refund the amount investigated and established to be lost by the state due to the actions of the Settler ; i. Pay an interest of not less than 10 % ; and i. Be preclude from holding public office for a period of not less than three years . 3

8. Benefits  This Policy, together with the 2019 Amendment, has provided a workable and viable alternative to some of the challenges of anti - corruption prosecution .  Criminal prosecution is not always the best course of action  Both the 2019 Amendment and the Non - Prosecution Policy have generally enhanced the fight against corruption by making it possible for the Commission to hit the corrupt where it hurts most – their pockets, without court order ;  recovering what has been stolen from the people of Sierra Leone in addition to other consequences . 8

5. The Guidelines Prosecutors are required to :  Consider the alternative sanctions or measures that are available based on the circumstances of each case,  The reasonableness or fairness of the alternative to prosecution with respect to the interest of the State,  The likelihood of the effectiveness of the alternative measure or sanction,  The time frame required to attain or execute the alternative measure, which should not be inordinately long,  The effect of the non - criminal alternative measures on law enforcement interests such as deterrence,  The interest of individual victims, if any . 5

6. Considerations/Criteria  In considering the seriousness of the offence, the Prosecutor should take into account the culpability or guilt of the suspect and the harm caused by his alleged corrupt conduct bearing in mind the following :  The nature of the offence ; for example, whether it is misappropriation or abuse of office .  Whether prosecution is the most appropriate response .  The willingness of the suspect to accept responsibility and cooperate with the Commission .  The ability or capacity of the suspect to provide restitution .  The probable sentence if he is prosecuted and found guilty .  The impact or harm of his corrupt conduct to the public .  Whether there is a need to send a strong message of deterrence . 6