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(b) it is deemed to have been withdrawn if it is not transmitted in writing within such period as the Central Authority considers reasonable.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 96
Contents of request for other forms of assistance under article 93
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.

Article 97
Consultations
Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.