PART VI
ENFORCEMENT OF PENALTIES
Orders Relating to Victim Reparation
124. (1) This section applies if—
(a) the ICC—
(i) makes an order under article 75 of the Statute requiring reparation; and
(ii) requests that the order be enforced in accordance with article 109 of the Statute; and
(b) neither the conviction in respect of which the order was imposed nor the order requiring reparation is subject to further appeal.
(2) The Attorney General may give authority for the request to proceed if satisfied that the order—
(a) requires reparation; and
(b) is of a kind that can be enforced in the manner provided in this section.
(3) If the Attorney General gives authority for the request to proceed—
(a) the Attorney General shall refer the request to the appropriate Trinidad and Tobago agency;
(b) that agency shall, without delay, take all such steps as necessary to enforce the Order, as if it were an Order of the High Court; and
(c) that agency shall, without delay, make such report to the Attorney General on the results of any action taken as it considers to be appropriate in the circumstances.
(4) Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to an order made under article 75 of the Statute.
125. (1) This section applies if— Enforcement of fines
(a) the ICC—
(i) orders payment of a fine under article 77(2)(a) of the Statute; and
(ii) requests that the order be enforced in accordance with article 109 of the Statute; and
(b) neither the conviction in respect of which the order was imposed nor the order for payment of a fine is subject to further appeal.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that the order—
(a) involves a monetary penalty; and
(b) is of a kind that can be enforced in the manner provided in this section.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall refer the request to the appropriate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) take such steps as are necessary to enforce the order as if it were a fine imposed on conviction under the laws of Trinidad and Tobago; and
(ii) make such report to the Attorney General on the results of any action taken as it considers to be appropriate in the circumstances.
(4) Nothing in this section limits or affects the provisions of other types of assistance to the ICC in relation to a penalty imposed under article 77 of the Statute.
Assistance with Enforcement of Forfeiture Orders
126. (1) This section applies if—
(a) the ICC—
(i) makes an order under article 77(2)(b) of the Statute for the forfeiture of tainted property; and
(ii) requests assistance under article 109(1) of the Statute to enforce the forfeiture order; and
(b) neither the conviction in respect of which the order was imposed nor the forfeiture order is subject to further appeal.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that the order is of a kind that can be enforced in the manner provided in sections 127 to 131.
(3) If the Attorney General gives authority for the request to proceed, he shall refer the request to the Solicitor General for registration of the forfeiture order in the manner provided in sections 127 to 129.
127. (1) The Solicitor General may apply to the High Court for the registration of a forfeiture order or an amendment to such an order.
(2) On an application under subsection (1), the Court must register the order or the amendment to the order under section 128 if it is satisfied that the order or amendment to the order is in force.
128. (1) A forfeiture order, or an amendment to such an order, shall be registered in the High Court in accordance with the prescribed procedure, if any, of—
(a) a copy of the order or amendment sealed by the ICC; or
(b) a copy of the order or amendment authenti¬cated in accordance with subsection (2).
(2) A document is authenticated for the purposes of subsection (1)(b) if it purports to be—
(a) signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or
(b) authenticated in any other manner author¬ized by the Statute or the Rules.
(3) An amendment to a forfeiture order does not, for the purposes of this Act, have any effect until it is registered.
(4) A facsimile copy of a sealed or authenticated copy of an order or an amendment of an order has the same effect, for the purposes of this Act, as the sealed or authenticated copy that is not a facsimile.
(5) Notwithstanding subsection (4), registration effected by means of a facsimile copy ceases to have effect on the expiry of the period of twenty-one days commencing on the date of registration unless, before the expiry of that period, the sealed or authenticated copy is registered.
129. If the High Court registers an order under section 128, the Court may direct the Solicitor General to do either or both of the following—
(a) give notice of the registration, in the manner and within the time the Court considers appropriate, to such persons other than a person convicted of an offence in respect of which the order was made, as the Court has reason to believe may have an interest in the property; or
(b) publish notice of the registration in the manner and within the time the Court considers appropriate.
130. (1) A forfeiture order registered under section 128 has effect and may be enforced as if it were a forfeiture order—
(a) made by the High Court under the Proceeds of Crime Act, 2000; and
(b) entered on the date of registration.
(2) Subsection (1) applies subject to sections 132 and 133.
(3) If a forfeiture order is registered under section 128—
(a) the relevant provisions of the Proceeds of Crime Act, 2000, so far as are applicable and with any necessary modifications, apply in relation to the order;
(b) the property shall be disposed of, or other¬wise dealt with, in accordance with the order of, or directions given by, the ICC and the Attorney General may give such directions as may be necessary to give effect to that order or those directions; and
(c) if, for any reason, the Attorney General is not able to dispose of the property in accordance with the ICC’s order or directions, the Attorney General may, after consulting with the ICC, arrange for the property to be transferred to the person in whom it was vested immediately before the forfeiture order was made.
(4) A restraint order registered in accordance with section 112(2) has effect, and may be enforced, as if it were a restraint order—
(a) made by the High Court under the Proceeds of Crime Act, 2000; and
(b) entered on the date of registration.
131. (1) If the Attorney General is unable to give effect to a forfeiture order, he shall take measures to recover—
(a) the value specified by the ICC as the value of the tainted property ordered by the ICC to be forfeited; or
(b) if the ICC has not specified the value of the tainted property, the value that, in the opinion of the Attorney General, is the value of the tainted property ordered by the ICC to be forfeited.
(2) In a case to which subsection (1) applies, the forfeiture order is to be treated as a fine for the equivalent amount and may be enforced accordingly as if it were a fine—
(a) imposed by the High Court; and
(b) entered on the date of registration.
132. (1) If a forfeiture order is registered under section 128, a person, other than a person convicted of an offence in respect of which the order was made, who claims an interest in any of the property to which the order relates may apply to the High Court for an order under section 133.
(2) A person on whom notice of the hearing of the ICC held in connection with the making of the forfeiture order was served, or who appeared at the hearing, may not make an application under subsection (1) without the leave of the High Court.
(3) The High Court shall not grant leave under subsection (2) unless it is satisfied that—
(a) the applicant had good reason for failing to attend the hearing held by the ICC in connection with the making of the forfeiture order;
(b) evidence proposed to be adduced by the applicant in connection with the application under subsection (1) was not reasonably available to the applicant at the time of the hearing of the ICC; or
(c) there are special reasons justifying the grant of leave.
(4) An application under subsection (1) shall be made before the expiry of the period of two months beginning on the date on which the forfeiture order is registered in the High Court.
(5) Notwithstanding subsection (4), the High Court may grant a person leave to make an application under subsection (1) after the expiry of the period referred to in subsection (4) if it is satisfied that the person’s failure to apply within that period was not owing to any neglect on his part.
(6) A person who makes an application under sub¬section (1) shall serve notice of the application on the Solicitor General, who shall be a party to any proceedings on the application.
(7) This section and section 133 apply subject to any contrary provision in the Statute or the Rules.
133. (1) This section applies if—
(a) a person applies to the High Court for an order under this section in respect of an interest in property; and
(b) the Court is satisfied that the applicant’s claim is valid.
(2) If this section applies, the High Court shall make an order—
(a) declaring the nature, extent, and value of the applicant’s interest in the property; and
(b) either—
(i) directing that the interest be transferred to the applicant; or
(ii) declaring that payment be made to the applicant of an amount equal to the value of the interest declared by the Court.
(3) Notwithstanding subsection (2), the Court may, if it thinks fit, refuse to make an order under that subsection if it is satisfied that—
(a) the applicant was, in any respect, involved in the commission of the offence in respect of which the order was made; or
(b) although the applicant acquired the interest at the time of or after the commis¬sion of the offence, it was not acquired in good faith and for value.
134. (1) If a forfeiture order has been registered under section 128, the Attorney General may direct the Solicitor General to apply to the High Court for cancellation of the registration.
(2) Without limiting the generality of subsection (1), the Attorney General may give a direction under that subsection in relation to a forfeiture order if—
(a) the order has, since its registration in Trinidad and Tobago, ceased to have effect;
(b) the order was registered in contravention of section 126;
(c) the Attorney General considers that cancel¬lation is appropriate having regard to the arrangements in force with the ICC in relation to the enforcement of orders of that kind; or
(d) the ICC so requests.
(3) If, in accordance with a direction given under subsection (1), the Solicitor General applies to the High Court for cancellation of the registration of a forfeiture order, the Court shall cancel the registration accordingly.
Transfer of Money or Property Recovered under
this Part
135. (1) Any money or property, including the pro¬ceeds of sale of property, recovered as a result of the enforcement under this Part of an order of the ICC shall be transferred to the ICC.
(2) Subsection (1) applies—
(a) subject to section 130(3)(b) and (c); but
(b) notwithstanding any other provision in this Part or in any other Act.
Enforcement of sentences imposed
National procedures re enforcement of sentences imposed
EDIT.