Chapter 11:24
MUTUAL ASSISTANCE In CRIMINAL MATTERS act
An Act to make provision with respect to the Scheme relating
to Mutual Assistance in Criminal Matters within the Commonwealth and to
facilitate its operation in Trinidad and Tobago and to make provision concerning
mutual assistance in criminal matters between Trinidad and Tobago and countries
other than Commonwealth countries.
[2nd April 1999]
PART I
Preliminary
1. This Act
may be cited as the Mutual Assistance in Criminal Matters Act.
2. (1) In this Act—
“Central
Authority” means the person or authority designated as the Central
Authority for Trinidad and Tobago in pursuance of section 3;
“central authority”,
in relation to any Commonwealth country means the person or authority
designated by that country for the purpose of transmitting and receiving
requests for assistance under the Scheme;
“civil offence”
has the same meaning assigned to it in section 78(2) of the Defence Act;
“Commonwealth
country” means a sovereign and independent country within the
Commonwealth, other than Trinidad and Tobago, together with any dependent
territory which that country designates;
“criminal
proceedings” means—
(a) for the
purposes of Part II, proceedings, including restraint, confiscation and
forfeiture proceedings certified by the Central Authority to be criminal
proceedings which have been instituted or in which investigations have
commenced in Trinidad and Tobago; or
(b) for
the purposes of Part III, proceedings, including restraint, confiscation and
forfeiture proceedings, certified by the central authority for any Commonwealth
country making a request for assistance under this Act to be criminal
proceedings which have been instituted or in which investigations have
commenced in that country,
in
respect of an offence committed, or suspected on reasonable grounds to have
been committed, against the laws of Trinidad and Tobago or, as the case may be,
of the Commonwealth country making the request for assistance;
“dangerous drug”
has the same meaning assigned to it in section 3(1) of the Dangerous Drugs Act;
“judicial
records” means judgments, orders and decisions of Courts, and other
records held by judicial authorities;
“oath” includes
affirmation or declaration;
“official records”
means documents held by government departments or agencies or prosecution
authorities;
“property” means
any movable or immovable property, and includes–
(a) any
right, interest, title, claim, chose in action, power, privilege, whether
present or future and whether vested or contingent, in relation to any
property, or which is otherwise of value;
(b) any
conveyance executed for conveying, assigning, appointing, surrendering or
otherwise transferring or disposing of immovable property whereof the person
executing the conveyance is proprietor or possessed or wherein he is entitled
to a contingent right, either for his whole interest or for any lesser
interest;
(c) any
monetary instrument;
(d) any other
instrument or securities;
(e) any
business; and
(f) any other
tangible or intangible property;
“Rules Committee”
has the same meaning assigned to it in section
77 of the Supreme Court of Judicature Act;
“Scheme” means
the Scheme for Mutual Assistance in Criminal Matters within the Commonwealth as
agreed by Law Ministers at their 1986 Meeting in Harare and endorsed by the
Commonwealth Heads of Government at their 1987 Meeting in Vancouver and any
amendment thereof;
“serious offence”
means—
(a) in
relation to Trinidad and Tobago, an offence against the laws of Trinidad and
Tobago for which a sentence of death, or imprisonment for a minimum term
of not less than one year, may be, or is required to be, imposed; or
(b) in
relation to a Commonwealth country, an offence against the laws of the
country—
(i) for which a sentence such as is
specified in paragraph (a) may be, or is
required to be, imposed; or
(ii) the value of the property derived
or obtained from the commission of which is certified by the central authority
for the country to be not less than such amount as is prescribed by or under
the law of that country;
“transmitted”, in
relation to a request, means—
(a) in Part
II, transmitted by the Central Authority to the central authority for the
Commonwealth country from which assistance is requested; or
(b) in Part
III, transmitted by the central authority for the Commonwealth country, making
a request for assistance, to the Central Authority.
(2) A reference in this Act to the laws of a
Commonwealth country means the laws in force in that country or a part thereof.
(3) For the purposes of this Act, a ship or
aircraft of, or registered in a Commonwealth country shall be deemed to be part
of that country.
(4) For the purposes of this Act, a person
shall be deemed to have been charged with a serious offence in Trinidad and
Tobago or, as the case may be, in a Commonwealth country, if any information
has been laid against the person for the offence whether or not—
(a) a summons
to require the attendance of the person to answer to the information; or
(b) a warrant
for the apprehension of the person,
has been issued.
3. (1) Subject to subsection (2), the Attorney
General shall be the Central Authority.
(2) The Attorney General may delegate any of
his functions under this Act to any public officer or legal officer employed in
the Ministry of the Attorney General and Legal Affairs.
(3) Nothing in this section shall be
construed as delegating to the officer referred to in subsection (2), a power
to make Regulations under section 39.
4. The
Attorney General may, by Order, direct that the application of this Act in
relation to a particular Commonwealth country shall be subject to such
conditions, exceptions or qualifications as are specified in the Order, and in
that event this Act shall apply accordingly.
5. Nothing
in this Act derogates from existing forms of co-operation or prevents the
development of other forms of co-operation, whether formal or informal, in
respect of criminal matters between Trinidad and Tobago or any enforcement
agencies or prosecuting authorities in Trinidad and Tobago and the
International Criminal Police Organisation or any such agencies or authorities outside
of Trinidad and Tobago.
6. Nothing
in this Act authorises the extradition, or the arrest or detention of any
person for the purpose of extradition.
PART II
Requests By Trinidad and Tobago To
Commonwealth Countries For Assistance
7. Where
there are reasonable grounds to believe that evidence or information relevant
to any criminal proceedings may be obtained, if, in a Commonwealth
country—
(a) evidence
is taken from any person;
(b) information
is provided;
(c) judicial
records, official records or other records, or documents or other articles are
produced or examined;
(d) samples
of any matter or thing are taken, examined or tested;
(e) any
building, place or thing is viewed or photographed,
request may be transmitted
requesting that assistance be given by that country in so obtaining the
evidence or information.
8. Where
there are reasonable grounds to believe that a person 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,
is in a Commonwealth country, a request may be transmitted requesting that
assistance be given by that country in locating that person or, if his identity
is unknown, in identifying and locating him.
9. Where
there are reasonable grounds to believe that an article or thing is in a
Commonwealth country and would, if produced, be relevant to any criminal
proceedings, a request may be transmitted requesting that assistance be given
by that country in obtaining, by search and seizure, if necessary, the article
or thing.
10. Where
there are reasonable grounds to believe that a person in a Commonwealth country
could give or provide evidence or assistance relevant to any criminal proceedings,
a request may be transmitted requesting that assistance be given by that
country in arranging the attendance of the person in Trinidad and Tobago to
give or provide such evidence or assistance but such attendance may be secured
only with the signed consent of that person.
11. (1) The appearance in or transfer to Trinidad
and Tobago of a person referred to in section 10 shall require, if the person
or the Commonwealth country so requests prior to such appearance or transfer,
that Trinidad and Tobago grant safe conduct under which the person, while in
Trinidad and Tobago, shall not—
(a) be
detained or prosecuted for offences committed prior to his departure from the
Commonwealth country;
(b) be
required to make a statement or to give testimony in proceedings not specified
in the request; or
(c) be
detained or prosecuted on the basis of any statement he makes, except in case
of contempt of Court or perjury.
(2) The safe conduct specified in subsection
(1) shall cease if the person voluntarily prolongs his stay in Trinidad and
Tobago for more than ten days after his presence is no longer necessary as
communicated to him and the Commonwealth country.
12. (1) Where there are reasonable grounds to
believe that a person who is a prisoner in a Commonwealth country could give or
provide evidence or assistance relevant to any criminal proceedings, a request
may be transmitted requesting that country to transfer the prisoner to Trinidad
and Tobago to give or provide such evidence or assistance.
(2) The Central Authority shall ensure that
any conditions, subject to which a prisoner is transferred from any
Commonwealth country pursuant to a request under subsection (1), are observed,
unless and to the extent that that country or the person waives their
observance.
(3) A request under subsection (1) shall
specify—
(a) the
subject matter upon which it is desired to examine the prisoner; and
(b) the
reasons for which the personal appearance of the prisoner is required.
(4) Where any conditions require that a
prisoner be kept in custody while in Trinidad and Tobago, the prisoner shall,
while in Trinidad and Tobago or travelling to or from Trinidad and Tobago
pursuant to the request, be kept in such custody as the Attorney General
directs in writing and shall be returned when his presence as a witness in
Trinidad and Tobago is no longer required even if the prisoner is a national of
Trinidad and Tobago.
(5) Nothing in this section shall preclude
the release in Trinidad and Tobago without return to the Commonwealth country
of any person transferred where the two countries and the person concerned
agree.
(6) Nothing in this section shall be
construed as conferring any rights on a prisoner.
(7) In this section, “prisoner”,
in relation to a Commonwealth country means a person who is being held in
custody pending trial or is under a sentence of imprisonment or death for an
offence against the laws of that country or is subject to any limitation on his
personal liberty pursuant to such laws.
13. (1) Where there are reasonable grounds to
believe that a person who is a prisoner in Trinidad and Tobago could give or
provide evidence or assistance relevant to any criminal proceedings in a
Commonwealth country, a request may be entertained by the Central Authority to
transfer the prisoner to the Commonwealth country to give or provide such
evidence or assistance.
(2) The Central Authority shall refuse to
comply with a request for the transfer of a person in custody if he does not
consent in writing to the transfer.
(3) The Central Authority may refuse to
comply with a request for the transfer of a person in custody and shall be
under no obligation to inform the requesting country of the reasons for such
refusal.
(4) A person in custody whose transfer is the
subject of a request under this section and who does not consent to the
transfer shall not by reason thereof be liable to any penalty or measure of
compulsion in Trinidad and Tobago.
(5) Where a person in custody is transferred,
the Commonwealth country to which he is transferred shall notify the Central
Authority of—
(a) the
date upon which he is due under the law of the Commonwealth country to be
released from custody; and
(b) the
date by which the Commonwealth country requires his return.
(6) The period during which the person transferred
is in custody in the Commonwealth country is deemed to be service in Trinidad
and Tobago of an equivalent period of custody in Trinidad and Tobago for all
purposes.
14. Where,
for the purpose of, or in connection with, any criminal proceedings, it is
necessary or desirable to serve any document on a person or an authority in a
Commonwealth country, a request may be transmitted seeking the assistance of
that country in effecting such service.
15. (1) Where a request has been made under
section 14, the Central Authority—
(a) may, if
the document is required in connection with proceedings in Trinidad and Tobago,
postpone its transmission, and in such a case shall provide the Commonwealth
country with certified copies of the document pending transmission of the
original;
(b) may
require the Commonwealth country to agree to terms and conditions to protect
third party interests in the document to be transmitted and may refuse to
transmit any such document pending such agreement.
(2) The Central Authority shall authenticate
all documents transmitted under section 14.
16. Any—
(a) evidence or
information obtained or, as the case may be, given or provided, by any person
pursuant to a request made in section 7, 10, 12 or 14; or
(b) article or
thing obtained pursuant to a request made in section 9,
shall be used, by or on behalf
of Trinidad and Tobago, only for the purposes of, or in connection with, the
criminal proceedings to which the request relates, unless the Commonwealth
country, to which the request was made, consents to it being otherwise used by
or on behalf of Trinidad and Tobago.
17. (1) Subject to subsection (2), a person who
is in Trinidad and Tobago consequent upon a request made under section 10 or
12—
(a) is not
liable to be detained, prosecuted or punished in Trinidad and Tobago for any
offence that is alleged to have been committed or was committed, before the
person’s departure, pursuant to the request, from the Commonwealth
country to which the request was made;
(b) may
refuse to answer any questions or to produce any record or thing if the refusal
is based on the law of Trinidad and Tobago; and
(c) shall
not be compelled to give or provide evidence or assistance for the purposes of,
or in connection with any criminal proceedings other than those to which the
request relates.
(2) Subsection (1)(a) or (c) does not apply in relation to a person—
(a) if he
leaves Trinidad and Tobago and then returns otherwise than pursuant to the same
or another request; or
(b) who has
been notified by the Central Authority that his presence is no longer required
for the purposes of the request and who then remains in Trinidad and Tobago for
more than ten days after the first date on which he had a reasonable opportunity
to leave Trinidad and Tobago.
(3) For the purposes of subsection (1)(a), an offence shall be treated as having been
committed only on the date when the conduct constituting the offence was
complete, notwithstanding that the offence concerned may be a continuing
offence.
18. Where—
(a) a person
has been charged with or convicted of a serious offence or is suspected on
reasonable grounds of having committed such an offence in Trinidad and Tobago;
and
(b) property
derived or obtained, directly or indirectly, by that person from the commission
of such an offence is suspected on reasonable grounds
to be located in a Commonwealth country,
a request may be
transmitted requesting that assistance be given by that country in identifying,
locating or assessing the value or amount of such property.
19. (1) Where—
(a) in
Trinidad and Tobago—
(i) an order has been made restraining
dealings with property which is, or is suspected on reasonable grounds of
having been derived or obtained, directly or indirectly, from the commission of
a serious offence;
(ii) a confiscation order or a
forfeiture order has been made confiscating or forfeiting property derived or
obtained, directly or indirectly, by a person from the commission of a serious
offence;
(iii) a confiscation order has been made
imposing on a person a pecuniary penalty calculated by reference to the value
of property or benefits derived or obtained directly or indirectly by that
person from the commission of a serious offence; and
(b) property
to which the restraining order would apply, or which is available for the
satisfaction of the forfeiture or confiscation order or pecuniary penalty
imposed under the confiscation order, is suspected on reasonable grounds to be
in a Commonwealth country,
then, subject to subsection
(3), a request may be transmitted requesting that the order concerned be
enforced in accordance with the laws of that country, and seeking the
assistance of that country to that end.
(2) In any case where a request to a
Commonwealth country under this section has been accepted, the Central
Authority shall inform the central authority for that country if the
confiscation order or forfeiture order or restraint order concerned is
thereafter varied or ceases to have effect.
(3) A request shall not be made under this
section for the enforcement of a confiscation order if the amount specified in
the order or the total value of property required to satisfy the order or the
pecuniary penalty under the order should be less than twenty-five thousand
dollars or such other amount as may be prescribed.
20. Where—
(a) in
Trinidad and Tobago—
(i) a person has been charged with, or
convicted of, a serious offence; and
(ii) a confiscation order or a
forfeiture order has been, or is likely to be, made confiscating or forfeiting
the property or benefits derived or obtained, directly or indirectly, by that
person from the commission of the serious offence; and
(b) property
or benefits so derived or obtained are suspected, on reasonable grounds, to be
in a Commonwealth country,
a request may be
transmitted requesting that an order be made, in accordance with the law of
that country, restraining dealings with identified property or benefits.
PART III
Requests By Commonwealth Countries To
Trinidad and Tobago For Assistance
21. (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.
22. (1) Subject to this section, a request for
assistance under this Act duly made by a Commonwealth country shall be
accepted.
(2) Such a request shall be refused if, in
the opinion of the Central Authority—
(a) the
request relates to the prosecution or punishment of a person for an offence
that is, or is by reason of the circumstances in which it is alleged to have
been committed or was committed, an offence of a political character;
(b) there are
substantial grounds for believing that the request has been made with a view to
prosecuting or punishing a person for an offence of a political character;
(c) there are
substantial grounds for believing that the request was made for the purpose of
prosecuting, punishing or otherwise causing prejudice to a person on account of
the person’s race, sex, religion, nationality, place of origin or
political opinions;
(d) the
request relates to the prosecution or punishment of a person in respect of
conduct that, had it occurred in Trinidad and Tobago, would have constituted a
criminal offence under any law giving effect to a state of emergency, but if
the conduct alleged would have amounted to a criminal offence under any other
law of Trinidad and Tobago, this paragraph shall not apply;
(e) the
granting of the request would be contrary to the Constitution of Trinidad and
Tobago or the sovereignty of Trinidad and Tobago, or would prejudice the
security, international relations or any substantial interest related to
national security, public interest or other essential public policy of Trinidad
and Tobago;
(f) the
request relates to conduct by a person that constitutes an offence in respect
of which the person has already been convicted or acquitted by a Court or
Tribunal in Trinidad and Tobago;
(g) the
request is for the transfer of a prisoner under section 27(1) but the prisoner
does not consent to his transfer;
(h) the request
is for assistance of a kind which cannot be given under this Act, or would
require steps to be taken for its implementation that could not be lawfully
taken;
(i) the
implementation of the request would require an individual to act or refrain
from acting in a certain way, and the individual is not willing to do so and
cannot be lawfully compelled to do so;
(j) the
request relates to an offence which in the requesting country is an offence
only under military law or a law relating to military obligations;
(k) the
request relates to a criminal offence under the tax laws of a Commonwealth
country, save that the assistance may be granted if the offence is committed by
way of an intentionally incorrect statement, whether oral or written, or by way
of an intentional failure to declare income derived from any other offence
covered by the Inter-American Convention on Mutual Assistance in Criminal
Matters; or
(l) it would
be contrary to the laws of Trinidad and Tobago.
(3) A request for assistance made by a
Commonwealth country may be refused, in whole or in part, if in the opinion of
the Central Authority—
(a) the
request relates to the prosecution or punishment of a person in respect of
conduct that, had it occurred in Trinidad and Tobago, would not have
constituted an offence against the laws of Trinidad and Tobago;
(b) the
request relates to the prosecution or punishment of a person in respect of
conduct that occurred, or is alleged to have occurred, outside the Commonwealth
country making the request, and similar conduct occurring outside Trinidad and
Tobago in similar circumstances would not have constituted an offence against
the laws of Trinidad and Tobago;
(c) the
request relates to the prosecution or punishment of a person in respect of
conduct where, had it occurred in Trinidad and Tobago and had constituted an
offence against the laws of Trinidad and Tobago, the person responsible could
no longer be prosecuted by reason of lapse of time or for any other reason;
(d) the
request was made by a special or ad hoc tribunal;
(e) the
provision of the assistance would impose an excessive burden on the resources
of Trinidad and Tobago;
(f) any
conditions, exceptions or qualifications imposed pursuant to section 4 in
relation to the Commonwealth country, prevent the request from being accepted;
(g) the
request does not meet the requirements of the First Schedule; or
(h) there are
other reasonable grounds for doing so.
(4) If, in the opinion of the Central
Authority, the expenses involved in complying with a request for assistance
would be of an extraordinary nature, it shall consult the central authority for
the Commonwealth country as to the terms and conditions under which compliance
with the request may continue and, in the absence of agreement in that regard,
it may refuse to continue further with the request.
(5) If a request for assistance made by a
Commonwealth country, other than an informal one, is refused, the fact of, and
the grounds for, the refusal shall be given by the Central Authority to the
central authority for that country.
(6) For the purposes of this section, an
offence is not an offence of a political character if it is an offence within
the scope of any international convention to which both Trinidad and Tobago and
the Commonwealth country making the request are parties, and which imposes on
the parties thereto, an obligation to afford mutual assistance in criminal
matters relating to the offence.
23. (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. (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. (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. (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. (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. (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. (1) This section applies where—
(a) the
Attorney General of a Commonwealth country gives a certificate to the effect
that a person in that country—
(i) has been charged with, or convicted
of, a specified serious offence; or
(ii) is suspected, on reasonable
grounds, of having committed such a specified offence;
(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. (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 o
