CHAPTER 11:24
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE
23. Assistance to country in obtaining evidence.
(1) This section applies where a request is transmitted seeking assistance from Trinidad and Tobago in obtaining, by any of the means stated in section 7, evidence or information relevant to any criminal proceedings in the Commonwealth country making the request, and the request is accepted.
(2) A person, from whom evidence is taken in Trinidad and Tobago pursuant to a request for assistance under this section by a Commonwealth country—
(a) may refuse to answer any question if—
(i) the refusal is based on the laws of Trinidad and Tobago;
(ii) to answer the question would constitute a breach of a privilege recognised by the laws of the Commonwealth country; or
(iii) to answer the question would constitute the commission by the person of an offence against the laws of the Commonwealth country; and
(b) shall not be compelled to give evidence for the purposes of, or in connection with, any criminal proceedings other than those to which the request relates.
(3) Where the request for assistance under this section is for evidence or information relating to the matters set out in section 7(c), copies of such records not publicly available may be produced or examined, only to the extent that they could be produced or examined in accordance with the laws of Trinidad and Tobago.
24. Assistance to country in locating or identifying person.
(1) This section applies where a request is transmitted seeking assistance from Trinidad and Tobago in locating or identifying and locating, a person believed to be in Trinidad and Tobago, who—
(a) is or might be concerned in or affected by; or
(b) could give or provide evidence or assistance relevant to,
any criminal proceedings in the Commonwealth country making the request, and the request is accepted.
(2) Where this section applies, the Central Authority shall use its best endeavours to have the person located or, as the case may be, identified and located, and shall inform the central authority for the Commonwealth country making the request as to the outcome of those endeavours.
25. Assistance to country in obtaining article or thing, by search and seizure.
(1) This section applies where a request is transmitted seeking assistance from Trinidad and Tobago in obtaining, by search and seizure if necessary, an article or thing in Trinidad and Tobago for the purposes of, or in connection with, any criminal proceedings in the Commonwealth country making the request, and the request is accepted.
(2) Where this section applies, the Attorney General shall, unless the article or thing concerned is otherwise lawfully obtained, authorise in writing the Commissioner of Police to apply to a magistrate for a search warrant in respect of the article or thing.
(3) The Commissioner of Police authorised under subsection (2) may apply for the issue of a search warrant to a magistrate having jurisdiction in the area where the article or thing is believed to be located.
(4) The authorisation given to the Commissioner of Police pursuant to subsections (2) and (3) may be executed on his behalf by any member of the Police Service.
(5) The laws of Trinidad and Tobago with respect to—
(a) the making and disposal of an application for a search warrant; and
(b)the execution of a search warrant, apply to an application under subsection (3) and to the execution of any warrant issued pursuant to any such application.
(6) The central authority shall provide such certification as may be required by the central authority for the Commonwealth country making the request concerning the result of any search, the place and circumstances of any seizure, and the subsequent custody of any property seized.
(7) Where this section applies, the Attorney General may, in writing, authorise the removal of any article or thing obtained pursuant to a request, to the Commonwealth country making the request.
26. Assistance to country in arranging attendance of person.
(1) This section applies where a request is transmitted seeking that assistance be given by Trinidad and Tobago for the attendance in the Commonwealth country making the request, of a person in Trinidad and Tobago to give or provide evidence or assistance relevant to any criminal proceedings in that country, and the request is accepted.
(2) Where this section applies, the Central Authority shall—
(a) inquire whether or not the person concerned is willing to attend as requested;
(b) inform the central authority for the Commonwealth country making the request as to the outcome of the inquiry; and
(c) if the person is willing to attend as requested, make appropriate arrangements to facilitate that attendance.
27. Assistance to country in securing transfer of prisoner.
(1) This section applies where a request is transmitted seeking the Central Authority to secure the transfer of a prisoner in Trinidad and Tobago to the Commonwealth country for giving or providing evidence or assistance relevant to any criminal proceedings in that country.
(2) The Central Authority may state, and inform the central authority for the Commonwealth country making the request as to, conditions subject to which a prisoner is to be transferred, including conditions with respect to the custody, release or return of the prisoner.
(3) Any period during which a prisoner is in custody in a Commonwealth country, pursuant to a request, shall be deemed, for all purposes, to be time served in custody in Trinidad and Tobago.
(4) In this section, “prisoner” means a person who is being held in custody pending trial for, or is under imprisonment for, an offence, or is subject to any limitation on his personal liberty pursuant to any written law.
28. Assistance to country in serving documents.
(1) This section applies where a request is transmitted seeking assistance of Trinidad and Tobago in effecting the service of a document on a person or an authority in Trinidad and Tobago for the purposes of, or in connection with, any criminal proceedings in the Commonwealth country making the request, and the request is accepted.
(2) Where this section applies, the Central Authority shall—
(a) use its best endeavours to have the document served—
(i) in accordance with procedures proposed in the request; or
(ii) if those procedures would be unlawful or inappropriate, or no procedures are so proposed, in accordance with the law of Trinidad and Tobago; and
(b) if the document—
(i) is served, transmit to the central authority for the Commonwealth country making the request, a certificate as to service; or
(ii) is not served, transmit to that central authority a statement of the reasons which prevented the service.
(3) A person served with a document under this section who fails to comply with the summons shall not be liable to any penalty or measure of compulsion notwithstanding any contrary statement in the summons.
29. Assistance to country in tracing property, etc.
(1) This section applies where—
(b) property derived or obtained, directly or indirectly, by the person from the commission of that offence is suspected, on reasonable grounds, to be in Trinidad and Tobago;
(c) a request is transmitted seeking assistance by Trinidad and Tobago in identifying, locating or assessing the value or amount of that property; and
(d) the request is accepted.
(2) Where this section applies, the Central Authority—
(a) shall use its best endeavours to give the assistance requested and, in doing so, may invoke such powers and procedures as may be prescribed for the purposes of this section; and
(b) shall inform the Central Authority for the Commonwealth country making the request as to the outcome of those endeavours.
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.
31. Assistance to country in obtaining restraining order.
(1) This section applies where—
(a) the Central Authority of a Commonwealth country transmits to the Central Authority, a certificate to the effect that—
(i) a named person has been, or is likely to be charged with, or has been convicted of, a specified serious offence; and
(ii) an order has been, or is likely to be made that has or, will have, the effect under the laws of that country—
(A) of confiscating or forfeiting property derived or obtained, directly or indirectly, by that person from the commission of the serious offence; or
(B) of imposing on that person a pecuniary penalty calculated by reference to the value of the property so derived or obtained;
(b) property so derived or obtained, or which would be available to satisfy a pecuniary penalty under the confiscation order, or, under such an order if made, is suspected on reasonable grounds to be in Trinidad and Tobago;
(c) a request is transmitted requesting that an order be made, in accordance with the laws of Trinidad and Tobago, restraining dealings with property and that Trinidad and Tobago give the 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 to secure the making of an appropriate order.
(3) The provisions of subsections (2) to (6) of section 30, shall apply mutatis mutandis with respect to the implementation of a request under this section.
Other forms of cooperation
International assistance in criminal matters
National procedures for execution of requests for other forms of cooperation
Request for other forms of cooperation
EDIT.