Trinidad and Tobago

Mutual Assistance in Criminal Matters Act

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

30. Assistance to country in relation to certain orders.

(1) This section applies where—

(a) an order is made in a Commonwealth country—
(i) confiscating or forfeiting property derived or obtained, directly or indirectly, from the commission of a specified serious offence;
(ii) imposing on the person, against whom the order is made, a pecuniary penalty calculated by reference to the value of property so derived or obtained; or
(iii) restraining dealings with property which is, or is suspected on reasonable grounds of being, property so derived or obtained;

(b) property available for the satisfaction of the order of the pecuniary penalty under the order, or to which the order would apply, is suspected on reasonable grounds, to be in Trinidad and Tobago;

(c) a request is transmitted requesting that the order concerned be enforced in accordance with the laws of Trinidad and Tobago and to that end Trinidad and Tobago give appropriate assistance; and

(d) the request is accepted.

(2) Where this section applies, the Attorney General shall cause an application to be made to the Supreme Court in accordance with the Rules of the Supreme Court for the registration of the order concerned.

(3) On application made under subsection (2), the Registrar of the Supreme Court shall register the order if he is satisfied—

(a) that at the time of registration the order is in force in the Commonwealth country; and

(b) that, in the case of an order such as is referred to in subsection (1)(a)(ii)—
(i) the person against whom the order was made appeared in the proceedings or, if he did not do so, that he received notice of the proceedings in sufficient time to enable him to defend them;
(ii) the order is not subject to appeal; and
(iii) that enforcing the order in Trinidad and Tobago would not be contrary to the interest of justice.

(4) Where an order is registered in accordance with this section, a copy of any amendment made to the order, whether before or after registration, may be registered in the same way as the order, and the amendments shall not have effect until they are so registered.

(5) An order or an amendment of an order shall be registered by the registration, in accordance with the Rules of the Supreme Court, of—

(a) a copy of the order or amendment sealed by the Court or other authority making the order or amendment; or
(b) a copy of the order or amendment duly authenticated in accordance with section 35(2)(a).

(6) The Supreme Court shall, after appropriate notice has been given to the Central Authority, cancel the registration of an external confiscation order or an external forfeiture order if—

(a) it appears to the Court that the order has been satisfied whether by payment of the amount due under the order or by the serving of a term of imprisonment by the person against whom the order is made; or
(b) after appropriate notice has been given to the Central Authority, it appears to the Court that the order has ceased to have effect in the Commonwealth country that made the request for assistance.

(7) In this section, “appeal” includes any proceedings by way of discharging or setting aside a judgment or an application for a new trial or stay of execution.

Keywords

Enforcement of fines
Enforcement of forfeiture orders
Enforcement of sentences imposed
Forfeiture of assets - authority - ICC proceedings
Forfeiture of assets - national procedures for ICC proceedings



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