'Search and seizure - authority - ICC proceedings' in document 'Trinidad&Tobago - ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24. (1) This Part applies to a request by the ICC for assistance that is made under—
(a) Part 9 of the Statute, namely—

(ix) the execution of searches and seizures;

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Search and Seizure

101.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) any thing relevant to the investigation or proceeding is or may be located in Trinidad and Tobago.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Search and Seizure

101. (1) This section applies if the ICC makes a request under any of article 19(8), 56, 64 or 93(1)(h) of the Statute for search and seizure.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) any thing relevant to the investigation or proceeding is or may be located in Trinidad and Tobago.
(3) If the Attorney General gives authority for the request to proceed, he may authorize a police officer, in writing, to apply to a Judge for a search warrant under section 102.

102. (1) This section applies if a Judge, on an application in writing made on oath or affirmation by a police officer, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—
(a) any thing on or in respect of which an international crime has been, or is suspected of having been, committed; or
(b) any thing that may be evidence as to the commission of any such crime.

(2) If this section applies, the Judge may issue a warrant in respect of any thing referred to in subsection (1).
(3) A Judge shall not issue a warrant under this section unless the application contains, or the applicant otherwise supplies to the Judge, such information as the Judge requires concerning the grounds on which the warrant is sought.
(4) A Judge may issue a warrant under this section subject to such conditions as the Judge thinks fit.
103. A warrant issued under section 102 shall—
(a) be in the prescribed form;
(b) be directed to a police officer by name, or any class of police officers specified in the warrant, or generally to every police officer; and
(c) specify any conditions that the Judge has imposed under section 102(4).
104. (1) Subject to any conditions specified in the warrant under section 103, a warrant issued under section 102 authorizes the police officer executing the warrant—
(a) to enter and search the place or things specified in the warrant at any time by day or night during the currency of the warrant;
(b) to use such assistance as may be reasonable in the circumstances for the purpose of the entry and search;
(c) to use such force as is reasonable in the circumstances for the purposes of effecting entry, and for breaking open any thing in or on the place searched; and
(d) to search for and seize any thing referred to in section 102(1).

(2) A person called on to assist any police officer executing a warrant issued under section 102 has the powers described in paragraphs (c) and (d) of subsection (1).

105. A police officer may stop a vehicle for the purpose Power to stop of exercising a search power conferred by a warrant vehicles issued under section 102 of this Act.
106. Every police officer executing any warrant issued under section 102 shall—
(a) have that warrant with him or her;
(b) produce it on initial entry and, if requested, at any subsequent time; and
(c) shall, if requested at the time of the execution of the warrant or at any subsequent time, provide a copy of the warrant within seven days after the request is made.

107. (1) Every police officer who executes a warrant Notice of execution of issued under section 102 shall, not later than seven days warrant
after the seizure of any thing under that warrant, give to the owner or occupier of the place or thing searched, and to every other person whom the member of the police service has reason to believe may have an interest in the thing seized, a written notice specifying the—
(a) date and time of the execution of the warrant;
(b) identity of the person who executed the warrant; and
(c) thing seized under the warrant.
(2) If the warrant is executed, a report on the execution of the warrant, together with a copy of any notice given under subsection (1) shall be sent to the Attorney General, without delay.
(3) If the warrant is not able to be executed, a report explaining the reasons for this shall be sent to the Attorney General, without delay.

108. (1) If a police officer seizes a thing under a warrant issued under section 102, it shall be delivered into the custody and control of—
(a) the Commissioner of Police; or
(b) a police officer designated by the Commissioner to receive things seized under this Act.
(2) The Commissioner of Police or designated police officer must—
(a) inform the Attorney General, without delay, that the thing has been so delivered;
(b) retain the thing for a period not exceeding three months from the day on which the thing was seized, pending the Attorney General’s direction under subsection (3) about how to deal with the thing; and
(c) comply with any direction given by the Attorney General.
(3) The Attorney General may, by written notice, give the Commissioner of Police or designated police officer a direction—
(a) requiring the Commissioner of Police or des¬ignated police officer to send the thing to the ICC; and
(b) requiring the Commissioner of Police or des¬ignated police officer to deal with the thing in some other way.
(4) The Attorney General must direct the Commissioner of Police or designated police officer to return the thing seized to the person from whose possession it was seized as soon as practicable, if—
(a) the ICC advises that the thing is not required for the Prosecutor’s investigation or its proceeding; or
(b) no other direction is given by the Attorney General before the expiry of three months from the day on which the thing was seized.

(5) Notwithstanding subsection (4), the Attorney General may refuse to return the thing to the person from whom it was seized if—
(a) the thing is the subject of a dispute as to who is entitled to it;
(b) the thing is required for the investigation of an offence within the jurisdiction of Trinidad and Tobago; or
(c) possession of the thing by the person would be unlawful in Trinidad and Tobago.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(h) The execution of searches and seizures