Criminal Law (Codification and Reform) [Chapter 9:23]

 174      Criminal abuse of duty as public officer (1)  If a public officer, in the exercise of his duty or her functions as such, intentionally – (a)  does anything that is contrary to or inconsistent with his or her duty as a public officer; or (b)  omits to do anything which it is his or her duty as a public officer to do;for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both.             (2)   If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person.             (3)    For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public officer is not committed by a public officer who does or omits to do anything in the exercise of his or her functions as such for the purpose of favouring any person on the grounds of race or gender, if the act or omission arises from the implementation by the public officer or any Government policy aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices.