Mutual Assistance in Criminal Matters Act 1993

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No. 2 of 1993. The Mutual Assistance in Criminal
Matters Act, 1993.

L.S.

I Assent,

Wilfred Jacobs,
Governor-General.

17th February, 1993.

ANTIGUA
AND

BARBUDA

ANTIGUA AND BARBUDA

No. 2 of 1993

An ACT to make provision with respect to the Scheme relating
to Mutual Assistance in Criminal Matters within the Cornmon-
wealth and to facilitate its operation in Antigua and Barbuda
and to make provision co&erning Mutual Assistance in
Criminal Matters between Antigua and Barbuda and other
countries other than Commonwealth Countries.

[ 18th February, 1943 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

C

Part I

Preliminary

1. This Act may be cited as the Mutual Assistance in Criminal short title.
Matters Act, 1993.

2. This Act commences on the day appointed by the Minister commencement.
by notice published in the Gazette.

ANTIGUA 2 The Mutual Assistance in Criminal NO. 2 of 1993.
AND Matters Act, 1993.

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Interpretation. 3. (1) In this Act, unless the context otherwise requires -

"articles" includes document;

"central authority" means -

(a) in relation to Antigua and Barbuda the person
or authority designated pursuant to section 4;

(b) in relation to any Commonwealth country, the
person or authority designated by that country
for the purpose of transmitting and receiving
requests under the Scheme;

"Commonwealth country" means -

(a) a Sovereign and independent country within
the Commonwealth; and

(b) every independent country within the Com-
mon wealth;

"confiscation order" means such order made under the
Proceeds of Crime Act 1993;

"criminal matter" means -

(a) in Part I1 -

(i) an investigation certified by the central
authority of Antigua and Barbuda to
have commenced; or

(ii) proceedings so certified to be criminal
proceedings which have been instituted,

in Antigua and Barbuda in respect to an offence
committed, or suspected on reasonable grounds to
have been committed, against the law of hdguaand
Barbuda or

(6) in Part III in relai~on zo a Conunnnwealh
country --

No. 2 of 1993. The Mutual Assistance in Criminal 3 ANTIGUA
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(i) an investigation certified by the central
authority for that country to have com-
menced; or

(ii) proceedings so certified to be criminal
proceedings which have been instituted,

in the Commonwealth country in respect of an
offence committed, or suspected on reasonable
grounds to have been committed, against the law of
that country; and in any case includes forfeiture
proceedings, proceedings to restrain dealing with
property, proce

edi

ngs for or suspected on reasonable
grounds to have been committed, against the law of
that country; and in any case includes forfeiture
proceedings, proceedings to restrain dealings with
property, proceedings for the imposition of pecuni-
ary penalties calculated by reference to the value of
property, arising out of criminal proceedings whether
such proceedings be characterized as criminal or
civil proceedings;

"document" includes -

(a) anything on which there is writing;

(b) a map, drawing or photograph;

(c) a thing from which sounds or visual images are
capable, with or wthout the aid of a device,
being reproduced;

(d) acopy reproduction or duplicate of a document
as so defined; and

(e) a part of a document as so defined;

"judicial records" means judgments, orders and deci-
sions of courts, and other records held by judicial
authorities;

"Minisk~" means the Minister for the time being as-
signed responsibility for legal affairs;

"officid records" means documents held by govern-

ANTIGUA 4 The Mutual Assistance in Criminal NO. 2 of 1993.
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ment departments or agencies or prosecution authori-
ties;

"property" includes money and all other property, real
or personal, immovable or movable, including things in
action and other intangible or incorporeal property,
whether situated in Antigua and Barbuda or elsewhere,
and includes any interest in any such property;

"regulations" means regulations made under section 36;

"relevant proceedings" means proceedings under or
pursuant to this or any other Act arising directly or
indirectly from arequest for assistance under this Act by
a Commonwealth country;

"restraining order" means such an order made under the
Proceeds of Crime Act 1993;

"Scheme" means Scheme relating to Mutual Assistance
in Criminal Matters within the Commonwealth;

"Serious offence" means -

(a) in relation to Antigua and Barbuda an offence
against the law of Antigua and Barbuda -

(i) for which a sentence of death, or impris-
onment for a maximum or minimum
term of not less than 3 years, may be, or
is required to be, imposed;

(ii) the value of the property derived or
obtained from the commission of which
is or is llkely to benot less than $25,000.00
or such greater amount as may be pre-
scribed;

(b) in relation to a Commonwealth country, an
offence against the law of the country -

(i) for which a sentence such ;es is specified
in paragraph (a) (i) may be, or is required
to be imposed; or

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(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, or to be likely to be,
not less than such amount as prescribed
by or under the law of the country;

"transmitted, in relation to a request, means -

(a) in Part 11, transmitted by the central authority
for Antigua and Barbuda to the central author-
ity for the Commonwealth country from which
assistance is requested;

(b) in Part 111, transmitted by the central authority
for the Commonwealth country making a re-
quest for assistance, to the central authority for
Antigua and Barbuda.

(2) A reference in this Act to the law of a Commonwealth
country includes a reference to the law of a part of or the law in
force in a part of, that country.

(3) For the purposes of this Act, a ship or aircraft of, or
registered in, Antigua and Barbuda or a Commonwealth country
shall be deemed to be part of Antigua and Barbuda or, as the case
may be, the Commonwealth country.

(4) For the purposes of this Act, a person shall be deemed to
have been charged with a serious offence in Antiguaand Barbuda
or, as the case may be, in a Commonwealth country, if any
information or indictment has been h d or filed 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 indictment;

(b) a warrant for the apprehension of the person,

has been issued.

(5) Where, in Antigua and Barbuda or a Commonwealth
country -

(a) a person is convicted by a court of a serious offence;
and

ANTIGUA 6 The Mutual Assistance in Criminal No. 2 of 1993.
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(b) with hisconsent another seriousoffence, of which he
has not been found guilty, is taken into account by the
court in passing sentence for the offence referred to
in paragraph (a),

the person shall, for the purposes of this Act, be deemed to have
been convicted by the court of the offence so taken into account,
on the date on which the sentence was so passed.

(6) A reference in this Act to property derived or obtained from
the commission of an offence shall be deemed to include a
reference to property used in, or in connection with, the commis-
sion of the offence.

Central authority 4. The Minister may, by order published in the Gazette
for Antigua and designate any person or authority as the central authority for
Barbuda.

Antigua and Barbuda.

Application of Act. 5. (1) Subject to subsection (2), this Act, other than Part IV,
shall apply in relation to all Commonwealth Countries.

(2) The Minister may by order published in the Gazette, direct
that the application of this Act in relation to a particular Common-
wealth 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.

(3) The Minister may by order published in the Gazette, amend
or revoke an order made under this section.

Restrictions with 6. (1) Nothing in this Act derogates from existing forms or
respect to prevents the development of other forms of co-operation (whether
'peration of Act. formal or informal) in respect of criminal matters between

Antigua and Barbuda and any Commonwealth country, or be-
tween Antigua and Barbuda, or any enforcement agencies or
prosecuting authorities in Antigua and Barbuda, and the Interna-
tional Criminal Police Organization or any such agencies or
authorities outside Antigua and Barbuda.

(2) Nothing in this Act authorizes the extradition7 or the arrest
or detention with a view to extradition, of any person.

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PART n

REQUEST BY ANTIGUA AND BARBUDA TO
COMMONWEALTH COUNTRIES FOR ASSISTANCE

Division 1. - General Assistance
7. Where there are reasonable grounds to believe that evidence Assistance in

or information relevant to any criminal matter may be obtained Ob%ing
ev~dence, etc. if, in a Commonwealth country -

(a) evidence is taken from any person;

(b) information is provided;

(i) person;

(ii) sample, specimen or other item from, or pro-
vided by, a person; or

(iii) remains which are, or may be, human,

is or are subjected to any examination or test;

(d) judicial records or official records are produced,
copied or examined;

(e) any record or article is produced, copied or exam-
ined;

Cf) samples of any matter or thing are taken, examined
or tested; or

(g) any building, place or thing is viewed or photo-
graphed,

a request may be transmitted requesting that assistance be
given by the country in so obtaining the evidence or
information.

8. Where there we reasonable grounds to believe that a person Assistance in
who - locating or

identifying person.

ANTIGUA 8 The Mutual Assistance in Criminal NO. 2 of 1993.
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('a) is or might be concerned in or affected by; or

(b) could give or provide evidence or assistance relevant
to,

any criminal matter, is in a Commonwealth country, a request
may be transmitted requesting that assistance be given by the
country in locating that person or, if his identity is unknown, in
identifying and locating him.

Assistance in 9. Where there are reasonable grounds t.o believe that an article
Or or thing is in a Commonwealtb country and would, if produced,

thing by search and
seizure if be relevant to any criminal matter, a request may be transmitted
necessary. requesting that assistance be given by the country in obtaining, by

search and seizure if necessary, the article or thing.

Assistance in 10. Where there are reasonable grounds to believethataperson
arranging in a Commonwealth country could give or provide evidence or
attendance of
person. assistance relevant to any criminal matter, a request may be

transmitted requesting that assistance be given by the country in
arranging the attendance of the person in Antigua and Barbuda to
give or provide that evidence, or, as the case may be, assistance.

Assistance by 11. (1) Where there are reasonable grounds to believe that a
transferring person who is a prisoner in a Commonwealth country could give
prisoner. or provide evidence or assistance relevant to any criminal matter,

arequest may be transmittedrequesting the co-e
prisoner to Antigua and Barbuda to give or provide that evidence,
or as the case may be, assistance.

(2) Where, pursuant to a request under subsection (I), a
prisoner is transferred to Antigua and Barbuda from a Common-
wealth country subject to conditions with respect to any other
matter, the central authority for Antiguaand Barbuda shall, unless
and to the extent that the Commonwealth country waives their
observance, take the necessary steps to ensure that the conditions
are observed.

(3) Where any condition such as is referred to in subsection (2)
requires that a prisoner be kept in custody while in Antigua and
Barbuda, the prisoner shall, whlle in Antigua and Barbuda or
travelling toor from Antiguaand Barbudapursuant to therequest,
be kept in such custody as the Minister directs in writing.

NO. 2 of 1993. The Mutual Assistance in Criminal 9 ANTIGUA
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(4) Nothing in this section shall be construed as conferring
rights on a prisoner.

(5) In this section, "prisoner", in relation to acommonwealth
country, means aperson whois being heldin custody pending trial
for, or sentence for, or is under a sentence of imprisonment for,
an offence against the law of that country, or is subject to any
limitation on his personal liberty pursuant to that law.

12. Where, for the purposes of or in connection with, any Assistance in
cr

imi

nal matter, it is necessary or desirable to serve any document serving
on apersonoranauthority in acommonwealth country, arequest
may be transmitted requesting that assistance be given by the
country in effecting the service.

13. Any - Restriction on use
of evidence, etc.

(a) evidence or information obtainedor, as the case may
be, given or provided, by any person pursuant to a
request such as referred to in section 7, 10 or 11; or

(b) article, record or thing obtained pursuant to a request
such as is referred to in section 7 or 9,

shall be used, by or on behalf of Antigua and Barbuda, only for
the purpose of criminal proceedings to which the request related
or, as the case may be, any criminal proceedings consequent on
the investigation to which the request related, unless the Com-
monwealth country to whch therequest wasmadeconsents to the
evidence or information being so used for the purposes of any
other criminal proceedings.

14. (1) Subject to subsection (2), a person in Antigua and Immunities and
Barbuda pursuant to a request such as is referred to in section 10 privileges.
or 11 -

(a) is not liable to be detained, prosecuted or punished in
Antigua and Barbuda for any offence that is alleged
to have been committed, or that was committed,
before the person's departure, pursuant to therequest,
from the Commonwealth country to which the re-
quest was made;

(b) may refuse to answer any questions or to produce any
article, record or thing if the refusal is based on the
law of Antigua and Barbuda, and

ANTIGUA 10 The Mutual Assistance in Criminal No. 2 of 1993.
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(c) shall not be compelled to give or provide evidence,
information or assistance for the purposes of, or in
connection with, any criminal matter other than that
to which the request related.

(2) Subsection (1) (a) or (c) does not apply in relation to a
person -

(a) if he leaves Antigua and Barbuda and then returns
otherwise than pursuant to the same or another
request; or

(b) who has been notified by the central authority for
Antigua and Barbuda that his presence is no longer
required for the purposes of the request and who then
remains in Antigua and Barbuda for more than 15
days after the first date on which he had a reasonable
opportunity to leave Antigua and Barbuda.

(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.

Division 2. - Assistance in connection with serious
offences

Assistance in 15. Where -
tracing property,
etc.

(a) in Antigua and Barbuda a person -

(i) has been charged with, or convicted of, a
serious offence;

(ii) is suspected, on reasonable ground, of having
committed such an offence: and

(b) property derived or obtained, directly or indirectly,
from the commission of that offence is suspected, on
reasonable grounds, to be in a Commonwealth coun-
try,

a request may be transmitted requesting that assip,wlce be given
by the Commonwealth country in a c c o r ~ c c E a& the iavi of that
country in identifying, locating or iiassessing tlsr rdue or rs~noutit

No. 2 of 1993. The Mutual Assistance in Criminal 11 ANTIGUA
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of any such property.

16. (1) Where -

(a) in Antigua and Barbuda --

Assistance in
relation to certain
orders.

(i) a restraining order has been made restraining
dealings with identifiedproperty which is, or is
suspected on reasonable grounds of being,
property derived or obtained, diiectly or indi-
rectly from the commission of a serious of-
fence.

(ii) a confiscation order has been made confiscat-
ing property derived or obtained, directly or
indirectly from the commission of a serious
offence: and

(b) property to which the restraining order would apply
or, as the case may be, which is available for the
satisfaction of the confiscation order, is suspected on
reasonable grounds, to be in a Commonwealth coun-
try,

then, subject to subsection (3), a request may be transmitted
requesting that the order concerned be enforced in accordance
with the law of the Commonwealth country and that, to that end,
the country give appropate assistance.

(2) In any case where a request to a Commonwealth country
under this section has been accepted, the central authority for
Antigua and Barbuda shall inform the central authorty for that
country if the confiscation order or the restraining order con-
cerned 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 the property required to satisfy the or&r
of the pecuniary penalty under the order would be less than
$25,000.00, or such other amount as may be prescribed.

17. Where -

(a) in Antigua and Barbuda -

Assistance in
obtaining order in
nature of
restraining order.

ANTIGUA 12 The Mutual Assistance in Criminal NO. 2 of 1993.
AND Matters Act, 1993.

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(i) a person has been, or is likely to be, charged
with or has been convicted of a serious offence;
and

(ii) aconfiscation order has been, or is likely to be,
made confiscating property derived or ob-
tained, directly or indirectly, from the commis-
sion of the serious offence; and

(b) property so derived or obtained is suspected, on
reasonable grounds, to be in a Commonwealth coun-
try,

arequest may be transmitted requesting that an order be made, in
accordance with the law of the Commonwealth country, restrain-
ing dealings with identified property and that, to that end, the
country give appropriate assistance.

PART I11 - REQUESTS BY COMMONWEALTH
COUNTRIES TO ANTIGUA AND BARBUDA FOR

ASSISTANCE

Division 1 - Form and acceptance or refusal of requests

Form of requests. 18. (1) Subject to subsection (2), the Schedule applies in
Schedule. relation to a request for assistance under this Act made by a

Commonwealth country.

(2) Subsection (1) does not apply in relation to an informal
request for assistance under this Act which is transmitted orally,
but in the event that such a request is accepted -

(a) it is required tobeimplementedonly to the extent that
the central authority for Antigua and Barbuda con-
siders reasonable: and

(b) it shall bedeemed tohavebeen withdrawn if arequest
in accordance with subsection (1) for the assistance
concerned is not transmitted within such period as the
central authority for Antigua and Barbuda considers
reasonable.

(3) Where a Commonwealth country making a request for
assistance under this Act wishes the request or any paht of it, to be
kept confidential it shall so state, giving reasons, in the request,

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or in a document accompanying, but not forming part of, the
request.

19. (1) Subject to this section, a request for assistance under Acceptance or
this Act duly made by a Commonwealth country shall be refu"a'ofrequests9
accepted. etc.

(2) Arequest for assistance under this Actmade by aCommon-
wealth country shall be refused if, in the opinion of the central
authority for Antigua and Barbuda -

(a) the request relates to the prosecution or punishment
of aperson 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 apoliti-
cal character;

(b) there are substanti 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 acount of the person's race, sex, religion, nation-
ality, place of origin or political opinions;

(d) the request relates to the prosecution or punishment
of a person in respect of conduct that, if it had
occurred in Antigua and Barbuda, would not have
constituted an offence under the criminal law of
Antigua and Barbuda;

(e) the granting of the request would be contrary to the
Constitution of Antigua and Barbuda, or would
prejudice the security, international relations or any
substantial interest related to national security or
other essential public policy of Antiguaand Barbuda;

Cf) the request relates to conduct by a person which
constitutes an offence in respect of which the person
has already been convicted or acquitted by a court or
Uibunal in Antigua and Barbuda;

ANTIGUA 14 The Mutual Assistance in Criminal No. 2 of 1993.
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(g) the prisoner is not prepared to give his consent to the
transfer in the case of a request such as is referred to
in section 24 (1);

(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 law-
fully taken; or

(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.

(3) Arequest for assistanceunder this Actmadeby aCommon-
wealth country may be refused if, in the opinion of the central
authority for Antigua and Barbuda -

(a) the request relates to the prosecution or punishment
or a person in respect of conduct that occurred, or is
alleged to have occurred, outside the country making
the request and simiiar conduct occurring outside
Antiguaand Barbudain similar circumstances would
not have constiixted an offence against the law of
Antigua and Barbuda,

(b) the request relztes to the prosecution or punishment
of a person in respect of conduct where, if it had
occurred in Antigua and Barbuda at the same time
and had constituted an offence against the law of
AntiguaandBarbudatheperson responsible couldno
longer be prosecuted by reason of lapse of time or for
any other reason;

(c) the provision of the assistance would impose an
excessive burden on the resources of Antigua and
Barbuda;

(d) the conditions, exceptions or qualifications imposed
pursuant to section 5 (2) in relation to the country
prevent the request being accepted;

(e) the request, not being one such as is refened to in
section 18 (2), does not meet the requirements of the
Schedule;

No. 2 of 1993. The Mutual Assistance in Criminal 15 ANTIGUA
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fl there are reasonable grounds for doing so in the case
of arequest such as is referred to in section 24 (1); or

(g) therequest cannot be accommodated within relevant
legal practices and procedures in AntiguaandBarbuda.

(4) If, in the opinion of the central authority for Antigua and
Barbuda, the expense involved in complying with a request for
assistance under this Act made by a Commonwealth country, and
accepted, would be of an extraordinary nature, the central
authority for Antigua and Barbuda shall consult with the central
authority for the country as to the terms and conditions under
which compliance with the request may continue and, in the
absence of agreement in that regard, the central authority for
Antigua and Barbuh may refuse to continue further with the
request.

(5) Where any of the grounds referred to in subsection (2) or
(3) apply in relation to some, but not all, of the matters in respect
of whch a request for assistance under this Act is made, nothing
in this section operates to prevent the request being accepted to
the extent that no such ground applies.

(6) If a request for assistance under this Act made by a
Commonwealth country, other than an informal one madepursu-
ant to section 18 (2), is refused, the fact of and, subject to
subsection (7), the grounds for, the refusal shall be given by the
central authority for Antiguaand Barbuda to thecentral authority
for that country.

(7) In the case of arefusal of a request such as is referred to in
section 24 (I), the central authority for Antiguaand Barbuda is not
required to give grounds for the refusal.

(8) After giving preliminary consideration to a request for
assistance under this Act made by aComrnonwealth country, the
central authority for Antiguaand Barbudamay require the central
authority for that country to furnish information relative to the
request, and if that information isnot furnished within such period
as the central authority for Antigua and Barbuda considers
reasonable the request shall be deemed to have been withdrawn.

(9) For the purposes dthis 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 Antigua and Barbuda and

ANTIGUA 16 The Mutual Assistance in Criminal No. 2 of 1993.
AND Matters Act, 1993.

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the Commonwealth country making the request are parties and
which imposes on the parlies thereto an obligation to afford
mutual assistance in criminal matters relating to the offence.

Division 2. - General Assistance

Assistance to 20. (1) Thls section applies where a request is transmitted
country in
obtaining

requesting assistance by Antigua and Barbuda in obtaining, by

evidence, etc. any of the means stated in section 7, evidence or information
relevant to any criminal matter in relation to the Commonwealth
country making the request, and the request is accepted.

(2) Subject to this section, the regulations may prescribe
practices and procedures for obtaining evidence or information
pursuant to a request for assistance under this section by a
Coumonwealth country.

(3) A person from whom evidence is taken in Antigua and
Barbudapursuant to arequest for assistance under this section by
a Commonwealth country -

(a) may refuse to answer any question if -

(i) the refusal is based on the law of Antigua and
Barbuda,

(ii) to require the person to answer the question
would constitute a breach of aprivilege recog-
nized by the law of the Commonwealth coun-
try;

(iii) to answer the question would constitute the
commission by the person of an offenceagainst
the law of the Commonwealth country;

(b) shall not be compelled to give or provide evidence or
information for the purposes of, or in connection
with, any criminal matter other than that to which the
request relates.

(4) Where the request for assistance under this section is to the
effect that evidence or information be obtained by the means
stated in section 7 (d), copies of records not publicly available
may be produced, copied or examined only to the extent that they

No. 2 of 1993. The Mutual Assistance in Criminal 17 ANTIGUA
Matters Act, 1993. AND

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could be produced to, or examined by, enforcement agencies or
prosecuting or judicial authorities in Antigua and Barbuda.

21. (1) This section applies where a request is transmitted Assistance to
requesting assistance by Antigua and Barbuda in locating, or in l

ocating
or identifying identifying and locating, a person believed to be in Antigua and

Barbuda, who -

(a) is or might be concerned in or affected by; or

(6) could give or provide evidence or assistance relevant
to.

any criminal matter in relation to the Coinmonwealth country
making the request and the request is accepted.
'.

(2) Where this section applies, the central authority for
Antigua and Barbuda 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.

22. (1) T h ~ s ection applies where a request is transmitted Assistance to
requesting assistance by Anogua and Barbuda m obtaining, by country in
search and seizure if necessary, an article or thing in Antigua and obtaining a*ic1e Or

thing, by search
Barbuda for the purposes of, or in connection with, any cnminal and s,i,re if
matter in relation to the Commonwealth country malutlg the necsss,y
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 a Police Officer to apply to a
Magistrate for a search warrant in respect of the article or thing.

(3) APolice Officzrauthorised under subsection (2)may apply
for the issue of a search warrant toa Magistrate having jurisdiction
in the area where the article or thing is believed to be located.

(4) The laws of Antigua and Barbuda with respect to the
procedure for -

(a) the malung and disposal of an application for a search
warrant;

(b! the execution of a search warrant,

ANTIGUA
AND

BARBUDA

Assistance to
country in
arranging
attendance of
person.

Assistance to
country by
transferring
prisoner.

18 The Mutual Assistance in Criminal NO. 2 of 1993.
Matters Act, 1993.

apply, so far as they are capable of applying, to an application
under subsection (3) and to the execution of any warrant issued
pursuant to any such application.

(5) The central authority for Antigua and Barbuda shall
provide such certification as tnay 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.

(6) Where this section applies, the Attorney General may give
authority in writing to enable any article or the thing obtained
pursuant to a request to be removed to the Comtnonwealth
country that made the request.

23. (1) This section zpplies where a request is transmitted
requesting that assistance be given by Anligua and Barbuda in
arranging the attendance in the Commonwealth country making
the request, of aperson in Antigua and Barbuda to give or provide
evidence or assistance relevant to any criminal matter in relation
to that Commonwealth country, and the request is accepted.

(2) Where this section applies, tlie central authority for
Antigua and Barbuda shall -

(a) inquire whether or not the person concerned is
willing to attend as requested;

(b) infonn the central authority for the Commonwealth
country making the request as to the outcome of the
inquiry;

(cj if the person is willing to attend as requested, make
appropriate arrangements to facilitate that atten-
dance.

24. (1) This section applies where a request is transmitted
requesting Anhgua and Barbuda to transfer a prisoner in Antigua
and Barbuda to the Commonwealth country making tlie request
to give or provide evidence or assistance relevant to my criminal
matter in relation to that Commonwealth country, ;in4 the request
is accepted.

(2) Where this section apphes. the h?tnl.ster -t~akI clause a
pnsoner to be transferred to the Conmlon~~iaittl ourrtry rnakmg

No. 2 of 1993. 771e Mutlccil Assi.stance in Criminal 19 ANTIGUA
Matters Act, 1993. AND

BARBUDA

the request for the purpose of giving effect to the request.

(3) The central authority for Antigua and Barbuda 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.

(4) 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 Antigua and
Barbuda.

( 5 ) In this section, "prisoner" meansaperson who isbeing held
in custody pending trial for, or sentence for, or is under imprison-
ment for, an offence, or is subject to any limitation on his personal
liberty pursuant to any law.

25. (1) This section applies where a request is transmitted Ass~stance to
requesting assistance by Antigua and Barbuda in effecting the coUn"Y In Serving

documents.
service of a document on a person or on an authority in Antigua
and Barbuda for the purposes of, or in connection with, any
criminal matter in relation to the Commonwealth country malung
the request, and the request is accepted.

(2) Where this section applies, the central authority for
Antigua and Barbuda shall -

(a) use i ' t 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 inap-
propriate, or no procedures are so proposed, in
accordance with the law of Antigua and
Barbuda; and

(b) if the document -

(if is served, transmit to the central authority for
the Comtnonwealth country making the re-
quest a certificate as to service; or

ANTIGUA 20 The Mutual Assistance in Criminal No. 2 of 1993.
AND Matters Act, 1993.

BARBUDA

(ii) as the case may be, is not served, transmit to the
central authority a statement of the reasons
which prevented the service.

(3) In this section, "document" does not include -

(a) a subpoena;

(6) any process -

(i) requiring the attendance of a person before a
court or tribunal in the Commonwealth coun-
try making the request; or

(ii) which attracts a criminal penalty or sanction
for non-compliance with its requirements.

Division 3 - Assistance in connection with serious offences
in Commonwealth countries

Assistance to 26. (1) This section applies where -
country in tracing
property, etc.

(a) the central authority for a Commonwealth country
transmits to the central authority for Antigua and
Barbuda a certificate given, for the purposes of a
request for assistance under this section, by a person
legally qualified in the Commonwedth country, to
the effect that in the country a named person -

(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,
from the commission of that offence is suspected, on
reasonable grounds, to be in Antigua and Barbuda,

(c) a request is transmitted requesting assistance by
Antigua and Barbuda in i&nhfyb~g, locating or
assessing the value or amouilt of tha"o~my; and

(d) the request is accepted.

NO. 2 of 1993. The Mutual Assistance in Criminal 21 ANTIGUA
Matters Act, 1993. AND

BARBUDA

(2) Where this section applies, the central authority for
Antigua and Barbuda -

(a) shall use its best endeavours to give the assistance
requested and, doing so, shall invoke such powers
and procedures as are available for that purpose; and

(b) shall inform the central authority for the Common-
wealth country making the request as to the outcome
of those endeavours.

27. (1) This section applies where - Assistance to
country in relation
to certain orders.

(a) an order is made in a Commonwealth country -

(i) confiscating property derived or obtained, di-
rectly or indirectly, from the commission of a
specified serious offence;

(ii) imposing on the person against whom the order
is made pecuniary penalty calculated by refer-
ence to the value of property so derived or
obtained; or

(iii) restraining dealings with property which is, or
is supected on reasonable grounds of being,
property so derived or obtained;

(b) property available for the satisfaction of the order or
the pecuniary penalty under the order, or to which the
order would apply, as the case may be, is suspected,
on reasonable grounds, to be in Antiguaand Barbuda,

(c) a request is transmitted requesting that the order
concerned be enforced in acccrrciance with the law of
Antigua and Barbuda and that, to that end, Antigua
and Barbuda 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 High Court in accordance
with the rules of the Supreme Court for the registration of the order
concerned.

ANTIGUA 22 The Mutual Assistance in Criminal No. 2 of 1993.
AND Matters Act, 1993.

BARBUDA

(3) On application made pursuant to subsection (2) the High
Court shall register the order if it is satisfied -

(a) that at the time ofregistration the order is in force; and

(b) in the case of an order such as is referred to in
subsection (1) (a) (ii) -

(i) that 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 pro-
ceedings in sufficient time to enable him to
defend them, or that he had died or absconded
before such notice could be given to him; and

(ii) that the order is not subject to appeal.

(4) Where an order is registered in accordance with this
section, a copy of any amendments made to the order (whether
before or after registration) may be registered in the same way as
the order and the amendments do not, for the purpose of this Act,
have effect until they are 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) acopy of the order or amendment duly authenticated
in accordance with section 32 (2) (a).

(6) The High Court shall, after appropriate notice has been
given to the central authority for Antigua and Barbuda cancel the
registration of an order in accordance with this section if it appears
to the court to have ceased to have effect in the Commonwealth
country that made the request for assistance.

(7) The regulations may make provision for and with respect
to the enforcement in Antigua and Barbudaof an order registered
in accordance with this section and may, for that purpose, direct
that any Act shall apply in relation to any such order, subject to
such limitations, exceptions or restrictions (if any) as may be
prescribed and the Act shall apply accordingly.

NO. 2 of 1993. The Mutual Assistance in Criminal 23 ANTIGUA
Matters Act, 1993. AND

BARBUDA

(8) 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.

28. (1) This section applies where - Assistance to
country in

(a) the central authority for the Commonwealth country restraining order.
transmits to the central authority for Antigua and
Barbuda a certificate given, for the purposes of a
request for assistance under this section, by a person
legally qualified in the Cornmonwealth country, to
the effect that in the country -

(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, as the case may be, will have, the effect
under the law of the country -

(A) of confiscating property derived or ob-
tained, directly or indirectly, from the
commission of the serious offence; or

(B) of imposing on that named person a
pecuniary penalty calcualted by refer-
ence to the property so derived or ob-
tained;

(b) property so derived or obtained, or which would be
available to satisfy a pecuniary penalty under the
confiscation order or, as the case may be, under such
an order ifmade, is suspected, on reasonable grounds,
to be in Antigua and Barbuda;

(c) a request is transmitted requesting that an order be
made, in accordance with the law of Antigua and
Barbuda, restraining dealings with property and that,
to that end, Antigua and Barbuda give appropriate
assistance; and

(d) the request is accepted.

(2) Where this section applies, the Attorney General shall

ANTIGUA
AND

BARBUDA

Definition for
purposes of Part
IV.

Implementation of
treaty.

Certificates given
by the Attorney
General.

24 The Mutual Assistance in Criminal No. 2 of 1993.;
Matters Act, 1993.

cause such application to bemade as he deems necessary to secure
the making of an order of the kind requested. I

(3) The regulations may make provision for and with respect
to the implementation ofarequest under this section, andmay, fyr
the purpose, direct that any such request, subject to such limita-
tions, exceptions and restrictions (if any) as may be prescribe$
and the Act shall apply accordingly.

PART IV - APPLICATION OF ACT TO COUNTRIES
OTHER THAN COMMONWEALTH COUNTRIES

29. In this Part -

"country" means acountry other than one includedin the
definition of "~ommonwealth country" in section 3 (1);

"Treaty" includes a convention, protocol, agreement or
arrangement.

30. (1) The regulations may make provision to give effect to
a treaty, set out in the regulations, for bilateral mutual assistance
in criminal matters between Antigua and Barbuda and a country
specified in the regulations.

(2) For that purpose, the regulations may, in particular -

(a) direct that this Act shall apply in relation to the
country so specified as if it were a Commonwealth
country, subject to such limitations, conditions, ex-
ceptions or qualifications (if any) as may be pre-
scribed; or

(b) extend, as provided in section 36 (2), the application
of any other Act, in relation to the country so
specified,

and this Act or, as the case may be, the other Act shall apply
accordingly.

PART V - MISCELLANEOUS
31. (1) Where he is satisfied that it is the case, the Attorney

General may give a certificate in such forms as he determines,
certifying all or any of the following facts, namely, that -

No. 2 of 1993. The Mutual Assistance in Criminal 25 ANTIGUA
Matters Act, 1993. AND

BARBUDA

(a) a request for assistance under this Act has been
made by a Commonwealth country;

(b) the request meets the requirements of this Act;

(c) the acceptance of the request was duly made under
and in accordance with this Act.

(2) In any relevant proceedings a certificate purporting to have
been given under subsection (1) shall be received as conclusive
proof.

32. (1) In any relevant proceedings a document that is duly proof.
authenticated is admissable in evidence.

(2) A document is duly authenticated for the purpose of
subsection (1) if it purports to be -

(a) signed or certified by a Judge or Magistrate of a
Commonwealth country making a request;

(b) authenticated by the oath of a witness, or a public
officer of a Commonwealth country making a re-
quest; or

(c) seded with m offieiah OF +lit seal of a Minister of
State, or of a a! or public office of the
Governmen4 of such a ~ o m u y .

(3) In any relevant proceedings, a certificate purporting to
have been given -

(a) by the central authority of acommonwealth country
certifying the matters refemedbto in -

(i) paragraph (b) (i) or (ii) of the definition of
"criminal matter" in section 3 (1); or

(ii) paragraph (b) (ii) of the definition of "Serious
offence" in section 3 (1); or

(b) by a legally qualified person for the purposes of a
request for assistance under section 26 or 28,

shall be received as evidence of the matter duly certified by the
certificate.

ANTIGUA 26 The Mutual Assistance in Criminal NO. 2 of 1993.
AND Matters Act, 1993.

BARBUDA

(4) Nothing in this section operates to prevent the proof of any
matter, or the admission of any document, in accordance with the
regulations or any other law.

Transit.

Escaping.

33. (1) Where a person is to be transported in cutody from a
Commonwealth country through Antiguaand Barbuda to another
Commonwealth country pursuant to a request for assistance, of
the kind referred to in the Scheme, by the other Commonwealth
country, the person -

(a) may be transported through Antigua and Barbuda in
the custody of another person; and

(b) if an aircraft or ship by which the person is being
transported lands or calls at a place in Antigua and
Barbuda shall be kept in such custody as the Minister
directs in writing until the person's transportation is
continued.

(2) Where a person is being held in custody pursuant to a
direction under subsection (1) (b) and the person's transportation
is not, in the opinion of the Minister, continued within a reason-
able time, the Minister may direct that the person be transported
in custody to the Commonwealth country from which the person
was first transported.

34. Any person who escapes from lawful custody while in
Antigua and Barbuda pursuant to a request under section 11, or
while being kept in custody pursuant to a direction under section
33 (1) (b), is guilty of an offence and liable on summary
conviction to imprisonment f o ~ two years.

Arrest of person 35. (1) Any member of the Police Force may, without warrant,
has escaped arrest aperson, if the member of the Police Force has reasonable

from custody.
grounds to believe that the person -

(a) has been brought to Antiguaand Barbudapmuant to
a request under section 11, or was being kept in
custody pursuant to a direction under section 33 (1)
(b); and

(b) has escaped fiom lawful custody while in Antigua
and Barbuda pursuant to the request, m while being
so kept in custody.

No. 2 of 1993. The Mutual Assistance in Criminal 27 ANTIGUA
Matters Act, 199-3. AND

BARBUDA

(2) Aperson who has been arrested pursuant to subsection (1)
shall be returned to custody in accordance with this Act.

36. (1) The Minister may make regulations prescribing any Regulations.
matter necessary or convenient to be prescribed for carrying out
or giving effect to this Act and, in particular -

(a) malung provisions as to evidence or proof of any
matter for purposes of this Act;

(b) prescribing expenses and allowances payable to any
person in Antiguaand Barbudapursuant to arequest;

( c ) prescribing conditions to be imposed for the protec-
tion of any interest in any property to be sent to a
requesting country pursuant to a request; or

(d) prescribing conditions for the protection of any
property sent to or by a Commonwealth country
pursuant to a request, and making provisions for the
return of property in Antigua and Barbuda pursuant
to a request.

(2) The regulations may, with such limitations, conditions,
exceptions or qualifications (if any) as may be prescribed, extend
the application of any Act so as to enable any request by a
Commonwealth country for assistance under this Act to be
implemented or any assistance so requested to be given, and the
Act shall apply accordingly.

(3) Regulations made for the purposes of section 20 (2) may
include procedures for, and the powers in relation to, the taking
of evidence in Antigua and Barbuda by commissioners from, or
nominated by, the Commonwealth country concerned.

SCHEDULE (Section 18 (1))

Request for assistance by Commonwealth countries

1. A request for assistance under this Act made by a Commonwealth country
shall-

(a) specify the assistance requested;

(b) identify the person, agency or authority that initiated the request;

ANTIGUA 28 The Mutual Assistance in Criminal No. 2 of 1993.
AND Matters Act, 1993.

BARBUDA

(c) state any period within which the country wishes the request to be
complied with;

(d) if the request would involve travel by any person fmm Antigua and
Barbuda to the country, give details of allowances andaccommodation
to which the person would be entitled; and

(e) contain such information as is available to the central authority for the
country as will facilitate compliance with the request.

2. (1) Where the assistance requested by a Commonwealth country is for the
purposes of an investigation, the request -

(a) shall be accompanied by the certificate, in relation to the investigation,
that is referred to in paragraph (b) (i) of the definition of "criminal
matter" in seqfion 3 (i); and

. .

(b) shall state when the investigation commenced and the nature of the
investigation.

(2) Where the assistance requested by a Commonwealth country is for the
purposes of proceedings, the request -

(a) shall be accompanied by the certificate, in relation to the proceedings,
that is referred to in paragraph (b) (i) of the definition of "criminal
matter" in section 3 (i); and

(b) shall -

(i) give details of the proceedings and the offence concerned,
including a summary of the known facts;

(ii) give the identity, ifknown, of the person to whom the proceedings
relate or would relate; and

(iii) state when the proceedings were instituted, the stage reached in
the proceedings and, where applicable, identify the court exercis-
ing jurisdiction.

3. Where arequest suchas is referred to in section 20 ismade by acommonwealth
country, the request shall -

(a) give details of the proceedings that the country wishes to be followed
in giving effect to the request, including details of the manner and form
which any evidence or information is to be supplied to that country;

No. 2 of 1993. The Mutual Assistance in Criminal 29 ANTIGUA
Matters Act, 1993. AND

BARBUDA

(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 + d e n from a person, give details of any special
requirements of the country as to the manner of taking evidence relevant
to its admissability in the country; and

(e) give details of any privileges or exceptions under the law of the country
in relation to obtaining evidence or information by the means proposed
in the request.

4. Wherearequest such as is referred to in section 22 ismadeby acommonwealth
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 Antigua and Barbuda for any necessary warrant or
authorisation to effect a seizure of that article or thing.

5. Where arequest such as is referred to in section 24 is made by a Commonwelth
country, the request shall identify the subject on which evidence or i~iformation is
to be provided and state the reasons for requiring the personal appearance of the
prisoner.

6. Where arequest such as is referredto in section 25 ismade by aCommonwealth
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 suchnotice as that country is able to provide of outstanding
warrants or other judicial orders in criminal matters against that person.

ANTIGUA 30 ?'he Miltilr~l Assistrit~c.e it1 Critt~irrtil No. 2 of 1993.
AND Mritrcrs Act, 1993.

BARBUDA

7. Where a request such as is referred to in section 26 is made by the
Coinmonwedth country, the request shall -

(a) give details of the specified serious offence; and

(b) state the grounds for suspecting that the relevant property is in Antigua
and Barbuda and give information in the possession of that country
which will assist in identifying or locating that property.

8. Where a request such as is referred to in section 27, is made by a Common-
wealth country, the request shall -

(a) be accompanied by a copy of the relevant order made in the country -

(i) sealt;d by the court that made the order; and

(ii) duly authenticated;

and identify the law under which the order was made;

(b) give details of the specified serious offence;

(c) state the grounds for suspecting that the relevant property is in Antigua
and Barbuda and give any information in the possession of the country
which will assist in identifying or locat'ing the property;

(d) give particulars of any amount paid or recovered under the relevant
order.

9. Where arequest suchas is referred to in section 28 ismade by acommonwealth
country, the request shall -

(a) if relevant, be accompanied by acopy of the order made in the country-

(i) sealed by the court that made the order; or

(ii) duly authenticated.

and identify the law under which the order was made;

(b) if relevant, state the grounds for believing that an order is llkely to be
made;

(c) give &tails of the serious offence in respect of which the order was or,
as the case may be, is likely to be made;

No. 2 of 1993. The M~ltrual Assistance in Criminal 31 ANTIGUA
Matters Act, 1993. AND

BARBUDA

(d) state the grounds for suspecting that the relevant property is in Antigua
and Barbuda and give any information in the possession of the country
which will assist in identifying or locating the property.

Passed the House of Representatives this 21st Passed the Senate this 1 lth
day of January, 1993. day of February, 1993.

C.L. Murray,
Speaker.

R.T. Carrott,
Presiden 1.

L.A. Dowe, L.A. Dowe,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by James Adolphus McKenzie Sebatian, Government Printer

-By Authority, 1993.
800-2.93 [Price $12.051

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