CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE

21. Form of request.

(1) Subject to subsection (2), a request for assistance under this Act made by a Commonwealth country shall comply with the conditions set out in the First Schedule.

(2) Subsection (1) does not apply to an informal request for assistance under this Act where it is transmitted orally, but in the event that such a request is accepted—
(a) it is required to be implemented only to the extent that the Central Authority considers it reasonable;
(b) it is deemed to have been withdrawn if it is not transmitted in writing within such period as the Central Authority considers reasonable.

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

FIRST SCHEDULE
REQUEST FOR ASSISTANCE MADE BY COMMONWEALTH COUNTRIES

1. A request for assistance under this Act made by a Commonwealth country shall—

(a) specify the assistance requested;
(b) be initiated by a judge, magistrate, the Director of Public Prosecutions or a law enforcement agency;
(c) identify the person, agency or authority that initiated the request;
(d) state any wishes of the country concerning the confidentiality of the request and the reasons for those wishes;
(e) state any period within which the country wishes the request to be complied with;
(f) if the request would involve travel by any person from Trinidad and Tobago to the country, give details of allowances and accommodation to which the person would be entitled; and
(g) contain such information as is available to the central authority for the country as will facilitate compliance with the request.

2. Where the assistance requested by a Commonwealth country is for the purposes of criminal proceedings, the request—

(a) shall be accompanied by the certificate, in relation to the criminal proceedings, that is referred to in paragraph (b) of the definition of “criminal proceedings” in section 2; and

(b) shall—
(i) give details of the proceedings and the offence concerned, including a summary of the known facts;
(ii) give the identity, if known, of the person to whom the proceedings relate or would relate; and
(iii) if the proceedings have been instituted, state the stage reached in the proceedings and, where applicable, identify the Court exercising jurisdiction.

3. Where a request such as is referred to in section 23 is made by a Commonwealth country, the request shall—

(a) give details of the procedure that the country wishes to be followed in giving effect to the request, including details of the manner and form in which any evidence or information is to be supplied to that country;

(b) where relevant, indicate whether any person, from whom evidence is to be taken, is to be examined—
(i) orally or in writing;
(ii) under oath;
(iii) in the presence of his legal representative; or
(iv) in the presence of the person to whom any relevant proceedings in that country relate;

(c) where evidence is to be taken from a person, specify the questions to be put to the person or the subject-matter about which the person is to be examined;

(d) where evidence is to be taken from a person, give details of any special requirements of the country as to the manner of taking evidence relevant to its admissibility in the country; and

(e) give details of any privileges or exemptions under the law of the country in relation to obtaining evidence or information by the means proposed in the request.

4. Where a request such as is referred to in section 24 is made by a Commonwealth country, the request shall identify the article or thing which is to be obtained and, so far as is reasonably practicable, shall contain all information available to the central authority for the country which may be required to be adduced in an application under the law of Trinidad and Tobago for any necessary warrant or authorisation to effect a seizure of that article or thing.

5. Where a request such as is referred to in section 26 is made by a Commonwealth country, the request shall identify the subject on which evidence or information is to be provided and state the reasons for requiring the personal appearance of the prisoner.

6. Where a request such as is referred to in section 28 is made by a Commonwealth country, the request shall—

(a) be accompanied by the document to be served; and
(b) where that document relates to the attendance of any person in the country, give such notice as that country is able to provide of outstanding warrants or other judicial orders in criminal matters against that person.

7. Where a request such as is referred to in section 29 is made by a Commonwealth country, the request shall—

(a) be accompanied by the certificate given by the Attorney General;
(b) give details of the specified serious offence; and
(c) state the grounds for suspecting that the relevant property is in Trinidad and Tobago and give any information in the possession of the country which will assist in identifying or locating that property.

8. Where a request such as is referred to in section 30 is made by a Commonwealth country, the request shall—

(a) be accompanied by the certificate given by the Attorney General;

(b) be accompanied by a copy of the order made in the country—
(i) sealed by the Court that made the order; or
(ii) duly authenticated in accordance with section 35(2)(a), and identify the relevant law under which the order was made;

(c) give details of the specified serious offence;

(d) in the case of an order such as is referred to in section 31(1)(a)(ii)(A) or (B), be accompanied by a certificate given by the Attorney General to the effect that the person against whom the order was made appeared in the proceedings or, if he did not do so, that he received the notice of the proceedings specified in the certificate;

(e) state the grounds for suspecting that the relevant property is in Trinidad and Tobago and give any information in the possession of the country which will assist in identifying or locating the property; and

(f) give particulars of any amount paid or recovered under the order.

9. Where a request such as is referred to in section 31 is made by a Commonwealth country, the request shall—

(a) be accompanied by the certificate given by the Attorney General;

(b) if relevant, be accompanied by a copy of the Order made in the country—
(i) sealed by the Court that made the order; or
(ii) duly authenticated in accordance with section 35(2)(a), and identify the law under which the order was made;

(c) if relevant, state the grounds for believing that an order is likely to be made;

(d) give details of the serious offence in respect of which the order was or, as the case may be, is likely to be, made; and

(e) state the grounds for suspecting that the relevant property is in Trinidad and Tobago and give any information in the possession of the country which will assist in identifying the property.

10. After giving preliminary consideration to a request for assistance under this Act made by a Commonwealth country, the Central Authority may require the central authority for that country to furnish further information relative to the request and if that information is not furnished within such period as the Central Authority considers reasonable, the request shall be deemed to have been withdrawn.

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:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
7. (a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
8. (a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
10. (a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b) (i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.

Article 96
Contents of request for other forms of assistance under article 93
1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. The request shall, as applicable, contain or be supported by the following:
(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;
(b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;
(c) A concise statement of the essential facts underlying the request;
(d) The reasons for and details of any procedure or requirement to be followed;
(e) Such information as may be required under the law of the requested State in order to execute the request; and
(f) Any other information relevant in order for the assistance sought to be provided.
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.