Chapter 15:05 - Mutual Assistance in Criminal Matters (Guyana)

Chapter 15:05 - Mutual Assistance in Criminal Matters

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L.R.O. 1/2012
LAWS OF GUYANA
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
CHAPTER 15:05
Act
38 of 2009
1 - 56 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages

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L.R.O. 1/2012
Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 15:05
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY SECTION
1. Short title.
2. Interpretation.
3. Central authority for Guyana.
4. Application of Act to Commonwealth countries.
5. Relationship with extradition.
6. Non-derogation from other forms of cooperation.
PART II
REQUEST BY GUYANA TO COMMONWEALTH COUNTRIES FOR ASSISTANCE
7. Assistance in obtaining evidence.
8. Assistance in locating or identifying persons.
9. Assistance in locating or identifying things.
10. Assistance in obtaining thing by search and seizure if necessary.
11. Assistance in arranging attendance of person.
12. Assistance by transferring prisoner.
13. Assistance in serving documents.
14. Assistance in tracing property.
15. Assistance in relation to other orders.
16. Assistance in obtaining order in nature of restraining order.
17. Requests to be kept confidential.
18. Restriction on use of evidence.
19. Confidentiality and privilege for foreign documents.
20. Immunities and privileges.
PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO GUYANA FOR ASSISTANCE
21. Interpretation of this Part.
22. Form of requests.
23. Acceptance, refusal, or postponement of requests.
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SECTION
24. Expenses of carrying out request.
25. Notification of refusal or implementation of request.
26. Assistance to country in obtaining evidence.
27. Assistance to country in locating or identifying person.
28. Assistance to country in locating or identifying thing.
29. Assistance to country in obtaining thing by search and seizure if
necessary.
30. Assistance to country in arranging attendance of person.
31. Assistance to country in transferring prisoner.
32. Assistance to country in serving documents.
33. Assistance to country in tracing property.
34. Assistance to country in relation to certain orders.
35. Assistance to country in obtaining restraining order.
36. Requests to be kept confidential.
PART IV
APPLICATION OF ACT TO COUNTRIES OTHER THAN
COMMONWEALTH COUNTRIES
37. Interpretation of this Part.
38. Mutual assistance between Guyana and non-Commonwealth
countries.
PART V
MISCELLANEOUS
39. Certificates given by Central Authority.
40. Authentication.
41. Transit.
42. Escaping.
43. Arrest of person who has escaped custody.
44. Regulations.
SCHEDULE Request for Assistance Made by Commonwealth Countries
_______________________________________________________

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CHAPTER 15:05
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
38 of 2009
An Act-
(a) to give effect to the scheme relating to Mutual
Assistance in Criminal Matters within the Commonwealth;
and
(b) to provide for mutual assistance in criminal
matters between Guyana and countries that have a treaty
with Guyana concerning such assistance.
th
Short title.

Interpretation.
PART I
PRELIMINARY
1. This Act may be cited as the Mutual Assistance in
Criminal Matters Act.
2. (1) In this Act —
"accept" in relation to a request, means to decide to grant the
request;
"central authority" —
(a) in relation to Guyana, means the
person specified in or (as the case may
be) designated under section 3;
(b) in relation to any other country,
means the person designated by that
country for the purpose of
transmitting and receiving requests
for mutual international assistance in
[9 JUNE, 2010]
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criminal matters;
"Commonwealth country" means —
(a) any country specified in Article 47 (3)
of the Constitution; and
(b) every constituent part of such a
country, including a colony, territory,
dependency, or protectorate, which
administers its own laws relating to
international cooperation;
(a) in Part 2 means —
(i) an investigation certified by the
central authority for Guyana to
have commenced; or
(ii) proceedings certified by the
central authority for Guyana to
be criminal proceedings which
have been instituted, in Guyana
in respect of an offence
committed, or suspected on
reasonable grounds to have
been committed, against the
Laws of Guyana;
(b) in Part 3, in relation to a
Commonwealth country, means —
(i) an investigation certified by
the central authority for that
country to have commenced;
or
"criminal matter" —
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(ii) proceedings certified by the
central authority for that
country to be criminal
proceedings which have been
instituted, in that country in
respect of an offence
committed, or suspected on
reasonable grounds to have
been committed, against the
law of that country; and
(c) in each of Parts 2 and 3 includes —
(i) forfeiture proceedings;
(ii) proceedings to restrain dealings
with property;
(iii) proceedings for the confiscation
of property; and
(iv) proceedings for the imposition
of pecuniary penalties,
calculated by reference to the
value of property, arising out of
criminal proceedings,
whether such proceedings be characterised as criminal or civil
proceedings;
"dealings", in relation to any property, includes —
(a) receiving or acquiring the property;
(b) concealing or disguising the property;
(c) converting or disposing of the
property;
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(d) moving the property;
(e) using the property to borrow money
or as security of any kind;
(f) where a debt is owed to the person
holding the property, making a
payment to any person in reduction of
the debt;
"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 without
the aid of a device, of being
reproduced;
(d) a copy, reproduction, or duplicate of a
document described in any of
paragraphs (a) to (c); and
(e) any part of a document described in
any of paragraphs (a) to (d);
"interest", in relation to any property, means —
(a) legal or equitable estate or interest in
the property; or
(b) a right, power, or privilege in
connection with the property,
whether present, future, vested, or contingent;
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"investigation" includes any inquiry;
"judicial records" means judgments, orders, and decisions of
courts, and other records held by judicial authorities;
"Minister" means the Minister responsible for Home Affairs;
"offence of a political character", in relation to a request
transmitted to the central authority for Guyana,—
(a) means an offence committed in the
course of and incidental to an
uprising or other violent political
disturbance; but
(b) excludes any offence within the scope
of a treaty—
(i) to which both the requesting
country and Guyana is a party;
and
(ii) that imposes on the parties to it
an obligation to extradite or
prosecute a person accused of
the commission of the offence,
or to afford mutual assistance
in criminal matters relating to
the offence;
"official records" means documents held by government
departments, government agencies, prosecution
authorities, or other public authorities;
"proceeds", in relation to an offence,—
(a) means any property derived or
obtained directly or indirectly from
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the commission of that offence;
(b) includes on a proportional basis,
property into which any property
derived or obtained directly or
indirectly from the commission of that
offence was converted, transformed,
or intermingled; and
(c) includes income, capital, and other
economic gains derived or realised
from the proceeds described in
paragraph (a) or (b) at any time since
the commission of that offence;
"proceedings" —
(a) means any procedure conducted by or
under the supervision of a judge,
magistrate, or judicial officer,
however described, in relation to any
alleged or proven offence; and
(b) includes a preliminary or final
determination of facts;
"property" —
(a) means movable or immovable
property of every description,
whether situated in Guyana or
elsewhere, and whether tangible or
intangible;
(b) includes any interest in such property;
and
(c) for the avoidance of doubt, includes
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money and choses in action;
"relevant proceedings" means proceedings under this or any
other Act arising directly or indirectly from a request for
assistance under this Act by a Commonwealth country;
"requesting country", in relation to a request, means the
country that made the request;
"restraining order" means an order restraining dealings with
identified property;
"scheme relating to Mutual Assistance in Criminal Matters
within the Commonwealth" means the scheme of that
name adopted by Commonwealth Law Ministers at their
meeting in Harare in July to August, 1986 and endorsed
by the Commonwealth Heads of Government at their
meeting in Vancouver in October, 1987;
"serious offence", in relation to a request for assistance made
by any country, means an offence against the law of that
country —
(a) punishable by death;
(b) punishable by a sentence of
imprisonment of twelve months or
more;
(c) the proceeds of which are, or are
likely to be, worth not less than the
equivalent of $1,000,000 or such other
amount as may be prescribed; or
(d) relating to taxation;
"thing", for the avoidance of doubt, includes any document,
liquid, substance, or matter;

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"transmitted", in relation to a request, means –
(a) in Part 2, transmitted by the central
authority for Guyana to the central
authority for the country from which
assistance is requested; and
(b) in Part 3, transmitted by the central
authority for a Commonwealth
country to the central authority for
Guyana;
"treaty" includes a convention, protocol, agreement, or
arrangement.
(2) A reference in this Act to the law of a country
includes a reference to the law in force in any part of that
country.
(3) For the purposes of this Act, a ship or aircraft of
or registered in any country is deemed to be part of that
country.
(4) For the purposes of this Act, a person is
deemed to have been charged with a serious offence in any
country, if an information or indictment has been laid or filed
in that country against the person for the offence, whether or
not either of the following has been issued —
(a) a summons to require the attendance
of that person to answer to the
information or indictment; or
(b) a warrant for the apprehension of that
person.
(5) Where, in any country, —
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Central
authority for

Application of
Act to
Common-
wealth
Relationship
with
extradition.

Non-
derogation
from other
forms of co-

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

(b) with the person's consent another
serious offence, of which that person
has not been found guilty is taken into
account by the court in passing
sentence for the offence referred to in
paragraph (a),
that 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.
3. (1) Subject to subsection (2), the Minister is the
central authority for Guyana.
(2) The Minister may by order designate any
person as the central authority for Guyana.
4. (1) The Minister may by order direct that the
application of this Act in relation to a particular
Commonwealth country shall be subject to such limitations,
conditions, exceptions, or qualifications as are specified in the
order and in that event this Act shall apply accordingly.
(2) The Minister may by order amend or revoke an
order made under this section.
5. Nothing in this Act authorises the extradition, or
the arrest or detention with a view to extradition, of any
person.
6. Nothing in this Act derogates from existing forms,
or prevents the development of other forms, of cooperation
(whether formal or informal) in respect of criminal matters
between Guyana or any enforcement agency or prosecuting
authority in Guyana, on the one hand, and the International
Criminal Police Organisation (INTERPOL) or any other
Guyana.
countries.
operation.
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Assistance in
obtaining
evidence.
country or any enforcement agency or prosecuting authority
outside Guyana, on the other hand.
PART II
REQUESTS BY GUYANA TO COMMONWEALTH COUNTRIES
FOR ASSISTANCE
7. (1) This section applies where there are reasonable
grounds to believe that evidence or information relevant to a
criminal matter may be obtained if, in a Commonwealth
country —
(a) evidence is taken from a person;
(b) information is provided;
(c) any of the following is subjected to
any examination or test —
(i) a person;
(ii) a sample, specimen, or other
item from or provided by a
person; or
(iii) remains that are or may be
human;
(d) judicial records or official records are
produced, copied, or examined;
(e) any record or document is produced,
copied, or examined;
(f) samples of anything are taken,
examined, or tested; or
(g) any building, place, or thing is
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Assistance in
locating or
identifying
persons.

Assistance in
locating or
identifying
things.

Assistance in
obtaining thing
by search and
seizure if
necessary.

Assistance in
arranging
attendance of
viewed or photographed.
(2) Where this section applies, a request may be
transmitted requesting the Commonwealth country to assist
in obtaining that evidence or information.
8. (1) This section applies where there are reasonable
grounds to believe that a person is in a Commonwealth
country and –
(a) is or might be concerned in or affected
by any criminal matter; or
(b) could give evidence or assistance
relevant to any criminal matter.
(2) Where this section applies, a request may be
transmitted requesting the Commonwealth country to assist –
(a) in locating that person; or
(b) if that person's identity is unknown,
in identifying and locating that
person.
9. Where there are reasonable grounds to believe that
a thing is in a Commonwealth country and would, if
produced, be relevant to any criminal matter, a request may
be transmitted requesting the country to assist in locating and
identifying that thing.
10. Where there are reasonable grounds to believe that
a thing is in a Commonwealth country and would, if
produced, be relevant to any criminal matter, a request may
be transmitted requesting the country to assist in obtaining
that thing, by search and seizure if necessary.
11. Where there are reasonable grounds to believe that
a person in a Commonwealth country could give evidence or
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person.
Assistance by
transferring
prisoner.

assistance relevant to a criminal matter, a request may be
transmitted requesting the country to assist in arranging the
attendance of the person in Guyana to give that evidence or
assistance.
12. (1) Where there are reasonable grounds to believe
that a person who is a prisoner in a Commonwealth country
could give evidence or assistance relevant to a criminal
matter, a request may be transmitted requesting the country
to transfer the prisoner to Guyana to give that evidence or
assistance.
(2) If a prisoner is transferred to Guyana from a
Commonwealth country in connection with a request under
subsection (1) subject to a condition with respect to the
prisoner's custody, release, or return, or any other matter, the
central authority for Guyana shall take the necessary steps to
ensure that the condition is observed, except to the extent that
the Commonwealth country waives its observance.
(3) Where any condition requires that a prisoner be
kept in custody while in Guyana, -
(a) the prisoner shall, while in Guyana or
travelling to or from Guyana
following that request, be kept in
custody; and
(b) the custody shall be deemed lawful.
(4) Nothing in this section shall be construed to
give rights to a prisoner.
(5) In this section, "prisoner" in relation to a
Commonwealth country, means a person who –
(a) is being held in custody pending trial
for or sentence for an offence against
the law of that country;
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Assistance in
serving
documents.

Assistance in
tracing
property.

Assistance in
relation to other
orders.
(b) is under sentence or imprisonment for
an offence against the law of that
country; or
(c) is subject to any limitation on that
person's personal liberty according to
the law of that country.
13. Where, for the purposes of or in connection with a
criminal matter, it is necessary or desirable to serve any
document on a person or an authority in a Commonwealth
country, a request may be transmitted requesting the country
to effect the service.
14. (1) This section applies where-
(a) in Guyana a person –
(i) has been charged with or
convicted of a serious offence;
or
(ii) is suspected on reasonable
grounds of having committed
such an offence; and
(b) proceeds of that offence are suspected
on reasonable grounds to be in a
Commonwealth country.
(2) Where this section applies, a request may be
transmitted requesting the Commonwealth country to assist
in identifying, locating, or assessing the value or amount of,
the property constituting those proceeds.
15. (1) This section applies where —
(a) in Guyana —
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(i) an order has been made
restraining dealings with
identified property which is, or
is suspected on reasonable
grounds of being, proceeds of a
serious offence;
(ii) an order has been made
confiscating or forfeiting
proceeds of a serious offence; or
(iii) an order has been made
imposing on a person a
pecuniary penalty calculated by
reference to the value of
proceeds of a serious offence;
and
(b) property to which the order described
in paragraph (a) (i) would apply, or
which is available for the satisfaction
of the order described in paragraph
(a) (ii) or (iii), is suspected on
reasonable grounds to be in a
Commonwealth country.
(2) Where this section applies, a request may,
subject to subsection (4), be transmitted requesting the
Commonwealth country –
(a) to enforce the order concerned; and
(b) to provide appropriate assistance to
this end.
(3) Where a request under this section has been
accepted, the central authority for Guyana shall inform the
central authority for the Commonwealth country concerned
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Assistance in
obtaining order
in nature of
restraining
order.

Requests to be
kept
confidential.
if, subsequently, the order concerned is varied or ceases to
have effect.
(4) No request may be made under this section if
the amount specified in the order, or the total value of
property required to satisfy the order, is less than $ 1,000,000
or such other amount as may be prescribed.
16. (1) This section applies where - in Guyana —
(i) a person has been or is likely to be
charged with, or has been convicted
of, a serious offence; and
(ii) an order has been or is likely to be
made confiscating or forfeiting
proceeds of the serious offence; and
(b) any of the proceeds referred to in
paragraph (a) (ii) are suspected on
reasonable grounds to be in a
Commonwealth country.
(2) Where this section applies, a request may be
transmitted requesting that the Commonwealth country –
(a) obtain an order restraining dealings
with identified property believed to
constitute those proceeds; and
(b) provide appropriate assistance to this
end.
17. (1) Except for the purpose of or in connection with
furthering a request, no person shall, without the prior
written consent of the central authority, disclose –
(a) the fact that a request has been
transmitted; or
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Restriction on
use of evidence.

Confidentiality
and privilege
for foreign
(b) the contents of the request.
(2) Every person who contravenes or fails to
comply with subsection (1) commits an offence and is liable
on summary conviction –
(a) in the case of an individual, to a fine
of $1,000,000 and imprisonment for a
term of 2 years; and
(b) in the case of a person other than an
individual, to a fine of $10,000,000.
18. (1) No evidence or information obtained, given, or
provided by any person, and no record or other thing
obtained, as a result of any request under this Part may be
used, by or on behalf of Guyana, except for a purpose
specified in subsection (2).
(2) Subsection (1) refers to the following purposes
–
(a) the purpose of the criminal
proceedings to which the request
relates;
(b) the purpose of any criminal
proceedings arising from the
investigation to which the request
relates;
(c) any other purpose for which the
Commonwealth country carrying out
the request has given consent.
19. (1) No person shall disclose to anyone a foreign
document, its purport, or any part of its contents, except —
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documents.

(a) for —
(i) the purpose of the investigation
or the criminal proceedings to
which the request giving rise to
the document relates; or
(ii) any other purpose for which
the Commonwealth country
carrying out the request has
given consent; or
(b) after the document is made public for
a purpose referred to in paragraph (a).
(2) No person may be compelled in connection
with any legal proceedings –
(a) to produce a foreign document or a
copy of it; or
(b) to give evidence relating to any
information that is contained in a
foreign document.
(3) Every person who contravenes or fails to
comply with subsection (1) commits an offence and is liable
on summary conviction —
(a) in the case of an individual, to a fine
of $1,000,000 and imprisonment for a
term of 2 years; and
(b) in the case of a person other than an
individual, to a fine of $10,000,000.
(4) In this section, "foreign document" means a
document sent to the central authority for Guyana by a
Commonwealth country as a result of a request under this
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Immunities
and privileges.

Part.
20. (1) Subject to subsection (2), a person who is in
Guyana as a result of any request under section 11 or 12 —
(a) is not liable to be detained,
prosecuted, or punished in Guyana
for any offence that is alleged to have
been committed, or that was
committed, before that person's
departure from the Commonwealth
country concerned as a result of the
request;
(b) is not liable to any civil process or
proceedings in respect of any act or
omission that is alleged to have
occurred, or that occurred, before that
person's departure from the
Commonwealth country concerned as
a result of the request;
(c) may refuse to answer any questions
or to produce any record or other
thing if the refusal is based on the law
of Guyana; and
(d) shall not be compelled to give
evidence, information, or assistance
for the purposes of, or in connection
with, any matter other than the
criminal matter to which the request
relates.
(2) Subsection (1) does not apply to a person –
(a) if the person leaves Guyana and then
returns otherwise than pursuant to
the same or another request; or
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Interpretation
of this Part.
Form of
requests.
Schedule
(b) where that person has been notified
by the central authority for Guyana
that his presence is no longer required
for the purposes of the request, and
that person remains in Guyana for
longer than 15 days after the first date
on which he had a reasonable
opportunity to leave Guyana.
(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.
PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO GUYANA
FOR ASSISTANCE
21. In this Part, -

"informal request" means a request transmitted orally in
urgent circumstances;
"request" means a request for assistance in criminal matters
transmitted by the central authority for a Commonwealth
country to the central authority for Guyana.
22. (1) The requirements in the Schedule apply to
every request except an informal request.
(2) Where an informal request is made –
(a) the central authority for Guyana shall
acknowledge receipt of the request
within 15 days of receiving it; and

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Acceptance,
refusal, or
postponement
of requests.
(b) the request shall be deemed to have
been withdrawn unless a request in
accordance with the Schedule is
transmitted within 7 days or such
other period as the central authority
for Guyana specifies to the central
authority for the requesting country.
23. (1) Subject to this section and section 24, the
central authority for Guyana shall as soon as practicable
accept and carry out a request made in accordance with this
Act.
(2) A request shall be refused if the central
authority for Guyana believes that-
(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;

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(d) carrying out the request would be
contrary to the Constitution of
Guyana or would require steps to be
taken that cannot lawfully be taken;
(e) carrying out 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 lawfully be compelled to do
so;
(f) carrying out the request would
prejudice the security, international
relations, or any substantial interest
related to national security or other
essential public policy of Guyana;
(g) carrying out the request would
unduly prejudice the safety of any
person;
(h) 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 tribunal in Guyana;
(i) in the case of a request of the kind
specified in section 31 (1) (a), the
prisoner does not consent to the
transfer; or
(j) the request is for assistance of a kind
that cannot be given under this Act.
(3) A request may be refused if the central
authority for Guyana believes that-

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(a) the request relates to the prosecution
or punishment of a person in respect
of conduct that, if it had occurred in
Guyana, would not have constituted
an offence against the law of Guyana;
(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
requesting country and similar
conduct occurring outside Guyana in
similar circumstances would not have
constituted an offence against the law
of Guyana;
(c) the request relates to the prosecution
or punishment of a person in respect
of conduct where, if it had occurred in
Guyana at the same time and had
constituted an offence against the law
of Guyana, the person responsible
could no longer be prosecuted by
reason of lapse of time or for any
other reason;
(d) the request relates to an offence
against the military law of the
requesting country that does not
constitute an offence against the
ordinary criminal law of that country;
(e) carrying out the request would
interfere with an ongoing
investigation or prosecution in
Guyana;
(f) section 24 (1) (b) applies;

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L.R.O. 1/2012
(g) any confidentiality requested by the
central authority for Guyana in
relation to information or evidence
provided by Guyana would not be
protected by the requesting country;
(h) the limitations, conditions, exceptions,
or qualifications imposed by order
under this Act in relation to the
requesting country prevent the
request being accepted;
(i) the request, not being an informal
request, does not meet the
requirements of the Schedule;
(j) the request cannot be accommodated
within relevant legal practices and
procedures in Guyana; or
(k) there are other reasonable grounds for
doing so.
(4) After giving preliminary consideration to a
request, the central authority for Guyana may require the
central authority for the requesting country to furnish
information relating to the request, and if that information is
not furnished within a period that the central authority for
Guyana considers reasonable, the request shall be deemed to
have been withdrawn.
(5) Before refusing a request or postponing its
implementation, the central authority for Guyana shall —
(a) consider whether the request can be
carried out subject to certain
conditions;
(b) if so, propose those conditions to the
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Expenses of
carrying out
request
Notification of
refusal or
implementation
of request.
central authority for the requesting
country; and
(c) if the central authority for the
requesting country agrees to those
conditions, carry out that request
subject to those conditions.
(6) Where a ground referred to in subsection (2) or
(3) applies to some, but not all, of the matters in respect of
which a request is made, nothing in this section prevents the
request being accepted to the extent that no such ground
applies.
24. (1) If the central authority for Guyana believes that
extraordinary expenses will be incurred in carrying out a
request, it —
(a) shall consult with the central
authority for the requesting country
as to the conditions under which
compliance with the request may
continue; and
(b) in the absence of agreement on such
conditions, may refuse to continue
further with the request.
(2) Where under any treaty or under section 38 (2),
the expenses involved in Guyana providing the assistance
requested are to be borne by the requesting country, any
assistance provided shall be subject to the condition that the
requesting country pays those expenses.
25. (1) If a request other than an informal request is
refused, the central authority for Guyana shall notify the
central authority for the requesting country of this refusal
and, subject to subsection (2), the grounds for it.

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Assistance to
country in
obtaining
evidence.
(2) The central authority for Guyana is not
required to provide grounds for refusing a request of the kind
specified in section 31(1) (a).
(3) If a request is carried out, the central authority
for Guyana shall, if so requested, notify the central authority
for the requesting country of the date and place on and at
which the request, or a specified part of the request, is carried
out.
26. (1) This section applies where —
(a) a request is transmitted requesting
assistance from Guyana in obtaining
evidence or information relevant to a
criminal matter in relation to the
requesting country by any means
specified in section 7 (1); and
(b) the request is accepted.
(2) Where this section applies, the central authority
for Guyana shall –
(a) use its best endeavours to obtain the
evidence or information requested;
and
(b) shall inform the central authority for
the requesting country of the outcome
of those endeavours.
(3) On the application of the central authority for
Guyana, any Court may issue a summons or subpoena in
accordance with any applicable rules of court to compel a
person to give evidence in the Court for the purposes of this
section.
(4) The central authority for Guyana shall notify
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the requesting country of the date and place of any
proceedings arising as a result of the request.
(5) The magistrate, judge, or other presiding officer
at any such proceedings shall allow -
(a) the defendant (or accused) in the
criminal matter and his legal
representative;
(b) the legal representative of the central
authority for Guyana;
(c) the legal representative of the
requesting country; and
(d) any other person specified in the
request, to be present at the
proceedings and to question the
person whose evidence is sought.
(6) A person from whom evidence is taken in
Guyana following a request –
(a) may refuse to answer a question if-
(i) the refusal is based on the law
of Guyana;
(ii) to require the person to answer
the question would be a breach
of privilege recognised by the
law of the requesting country;
or
(iii) to answer the questions would
constitute an offence by the
person against the law of the
requesting country; and
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Assistance to
country in
locating or
identifying
person.
(b) shall not be compelled to give evidence or
information for the purposes of, or in connection with, a
criminal matter other than that to which the request relates.
(7) Where the request is to the effect that evidence
or information be obtained by the means specified in section 7
(1) (d), copies of records not publicly available may be
produced, copied, or examined only to the extent that they
could be produced to, or examined by, enforcement agencies
or prosecuting or judicial authorities in Guyana.
(8) The central authority may make regulations to
prescribe practices and procedures for obtaining evidence or
information for the purposes of this section.
27. (1) This section applies where a request is
transmitted requesting assistance from Guyana in locating, or
identifying and locating, a person believed to be in Guyana,
who —
(a) is or might be concerned in or affected
by; or
(b) could give evidence or assistance
relevant to, a criminal matter in
relation to the requesting country, and
the request is accepted.
(2) Where this section applies, the central authority
for Guyana shall –
(a) use its best endeavours to locate or
identify the person concerned; and
(b) inform the central authority for the
requesting country of the outcome of
those endeavours.
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Assistance to
country in
locating or
identifying
thing.

Assistance to
country in
obtaining thing
by search and
seizure if
necessary.
28. (1) This section applies where –
(a) a request is transmitted requesting
assistance from Guyana in locating or
identifying a thing in Guyana for the
purposes of, or in connection with, a
criminal matter in relation to the
requesting country; and
(b) the request is accepted.
(2) Where this section applies, the central authority
for Guyana shall -
(a) use its best endeavours to have the
thing located, or identified and
located; and
(b) inform the central authority for the
requesting country of the outcome of
those endeavours.
29. (1) This section applies where –
(a) a request is transmitted requesting
assistance from Guyana in obtaining,
by search and seizure if necessary, a
thing in Guyana for the purposes of,
or in connection with, a criminal
matter in relation to the
Commonwealth country making the
request; and
(b) the request is accepted.
(2) Where this section applies, the central authority
shall give the Commissioner of Police written authorisation to
apply to a magistrate for a search warrant in respect of the
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thing, unless that thing is otherwise lawfully obtained.
(3) Upon the authorisation being issued under
subsection (2), the Commissioner of Police or any police
constable may apply for the issue of a warrant to search and
seize the thing concerned to a magistrate having jurisdiction
in the area where that thing is believed to be located.
(4) The laws of Guyana with respect to the
procedure for —
(a) the making and disposal of an
application for a search warrant; and
(b) the execution of a search warrant,
apply with all necessary modifications to an application
under subsection (3) and to the execution of any warrant
issued as a result of the application.
(5) The central authority for Guyana shall provide
such certification as may be requested by the central authority
for the requesting country concerning the result of a search,
the place and circumstances of any seizure, and the
subsequent custody of anything seized.
(6) The central authority may give written
authorisation to enable anything obtained under a request to
be removed to the requesting country subject to any
conditions –
(a) prescribed by regulations; or
(b) that the central authority considers
necessary for the protection of third
party interests in the thing concerned,
and removal in accordance with such
an authorisation shall be deemed
lawful.
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Assistance to
country in
arranging
attendance of
person

Assistance to
country in
transferring
prisoner.
30. (1) This section applies where —
(a) a request is transmitted requesting
assistance from Guyana in arranging
the attendance in the requesting
country, of a person in Guyana, to
give evidence or assistance relevant to
any criminal matter in relation to that
requesting country; and
(b) the request is accepted.
(2) Where this section applies, the central authority
for Guyana shall –
(a) inquire whether or not the person
concerned is willing to attend as
requested;
(b) inform the central authority for
requesting country 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.
31. (1) This section applies where –
(a) a request is transmitted requesting
Guyana to transfer a prisoner in
Guyana to the requesting country to
give evidence or assistance relevant to
a criminal matter in relation to that
requesting country; and
(b) the request is accepted.
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Assistance to
country in
serving
documents.
(2) Where this section applies, the central authority
for Guyana shall, after consulting the Attorney-General
(unless the central authority is the Attorney-General), cause
the prisoner to be transferred to the requesting country
subject to any conditions considered appropriate by that
central authority, including conditions with respect to the
custody, release, or return of the prisoner.
(3) A period during which a prisoner is in custody
in a requesting country, arising from a request, shall be
deemed for all purposes to be time served in custody in
Guyana.
(4) In this section, "prisoner" means a person who –
(a) is being held in custody pending trial
for or sentence for an offence;
(b) is under imprisonment for an offence;
or
(c) is subject to any limitation on the
person's personal liberty under any
law.
32. (1) This section applies where—
(a) a request is transmitted requesting
assistance from Guyana in effecting
the service of a document on a person
in Guyana for the purposes of, or in
connection with, a criminal matter in
relation to the requesting country; and
(b) the request is accepted.
(2) Where this section applies, the central authority
for Guyana shall -
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(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 if
no procedures are proposed in
the request, in accordance with
the law of Guyana; and
(b) if the document—
(i) is served, transmit to the
central authority for the
requesting country a certificate
as to service, or
(ii) is not served, transmit to the
central authority for the
requesting country a statement
of the reasons preventing the
service.
(3) In this section, "document" does not include—
(a) a subpoena or summons; or
(b) a process—
(i) requiring the attendance of a
person before a court or
tribunal in the requesting
country; or
(ii) which attracts a criminal
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Assistance to
country in
tracing
property.
penalty or sanction for non-
compliance with its
requirements.
33. (1) This section applies where—
(a) the central authority for a requesting
country transmits to the central
authority for Guyana a certificate
given by a qualified legal practitioner
in the requesting country to the effect
that in the requesting 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 a
specified serious offence;
(b) proceeds of that offence are suspected
on reasonable grounds to be in
Guyana;
(c) a request is transmitted requesting
assistance from Guyana in
identifying, locating, or assessing the
value or amount of the property
constituting those proceeds; and
(d) the request is accepted.
(2) Where this section applies, the central authority
for Guyana shall—
(a) use its best endeavours to give the
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Assistance to
country in
relation to
certain orders.
assistance requested and, in doing so,
shall invoke any powers and
procedures available for that purpose;
and
(b) inform the central authority for the
requesting country of the outcome of
those endeavours.
34. (1) This section applies where—
(a) an order is made in a Commonwealth
country—
(i) confiscating or forfeiting
proceeds 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
proceeds of a specified serious
offence; or
(iii) restraining dealings with
property which is, or is
suspected on reasonable
grounds of being proceeds of a
specified serious offence;
(b) proceeds of the serious offence, or any
property –
(i) available for the satisfaction of
the order;
(ii) as the case may be, available for
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the satisfaction of the pecuniary
penalty; or
(iii) to which the order would
apply, are or is suspected on
reasonable grounds to be in
Guyana;
(c) a request is transmitted requesting
that the order concerned be enforced
in accordance with the law of Guyana
and, that to that end, Guyana give
appropriate assistance; and
(d) the request is accepted.
(2) Where this section applies, the central authority
shall cause an application to be made to the High Court, in
accordance with any applicable rules of court, for the
registration of the order concerned.
(3) On application made under subsection (2), the
High Court shall register the order in accordance with
subsection (4) if it is satisfied—
(a) that at the time of registration the
order is in force; and
(b) in the case of an order referred to in
subsection (1) (a) (i) or (ii), -
(i) that the person against whom
the order was made appeared
in the proceedings or, if he did
not, that he received notice of
the proceedings in sufficient
time to enable him to defend
them, or that he had died or
absconded before such notice
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could be given to him; and
(ii) that the order is not subject to
appeal.
(4) An order shall be registered by the registration,
in accordance with the rules of the High Court, of –
(a) a copy of the order sealed by the court
or other authority making the order;
or
(b) a copy of the order duly authenticated
in accordance with section 40 (2) (a).
(5) Where an order is registered in accordance with
this section, a copy of an amendment made to the order
(whether before or after registration of the order) may be
registered in the same way as the order, and the amendment
does not have effect for the purposes of this Act until it is so
registered.
(6) The High Court shall, after giving appropriate
notice to the central authority for Guyana, cancel the
registration of an order made in accordance with this section
if it appears to the court to have ceased to have effect in the
requesting country.
(7) The central authority may make regulations—
(a) to provide for the enforcement in
Guyana of an order registered under
this section; and
(b) to apply any Act in relation to the
order, subject to any limitations,
conditions, exceptions, or
qualifications prescribed in the
regulations,
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Assistance to
country in
obtaining
restraining
order.
and the Act shall apply accordingly.
(8) All property confiscated or forfeited tinder
subsection (7) —
(a) shall be distributed between the
Consolidated Fund and the
requesting country; and
(b) may be donated to any person or
organisation, as agreed between the
central authority for Guyana and the
central authority for the requesting
country.
(9) In this section, "appeal" includes –
(a) any proceedings by way of
discharging or setting aside a
judgment; or
(b) an application for a new trial or stay
of execution.

35. (1) This section applies where—
(a) the central authority for a
Commonwealth country transmits to
the central authority for Guyana a
certificate given by a qualified legal
practitioner in that country, to the
effect that in that Commonwealth
country –
(i) a named person has been or is
likely to be charged with or has
been convicted of a specified
serious offence; and
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(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 or forfeiting
proceeds of the serious offence;
or
(B) of imposing on that named
person a pecuniary penalty
calculated by reference to the
value of proceeds of the serious
offence;
(b) proceeds of the serious offence, or any
property –
(i) available for the satisfaction of
the order;
(ii) as the case may be, available for
the satisfaction of the pecuniary
penalty; or
(iii) to which the order would
apply,
is suspected on reasonable grounds to be in Guyana;
(c) a request is transmitted requesting
that an order be made, in accordance
with the law of Guyana, restraining
dealings with the property believed to
constitute the proceeds referred to in
paragraph (b), or (as the case may be)
with the property referred to in that
paragraph, and that, to that end,
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Requests to be
kept
confidential.

Guyana give appropriate assistance;
and
(d) the request is accepted.
(2) Where this section applies, the central authority
shall cause an application to be made to the High Court, in
accordance with any applicable rules of court, for an order of
the kind requested.
(3) The central authority may make regulations –
(a) to provide for the implementation in
Guyana of a request under this
section; and
(b) to apply any Act in relation to any
such request, subject to any
limitations, conditions, exceptions, or
qualifications prescribed in the
regulations,
and the Act shall apply accordingly.
36. (1) Except to the extent required under this Act to
carry out a request by a Commonwealth country, or as
authorised or required by this Act or any other written law,
no person shall, without the prior written consent of the
central authority, disclose –
(a) the fact that the central authority for
Guyana has received a request; or
(b) the contents of the request.
(2) Every person who contravenes or fails to
comply with subsection (1) commits an offence and is liable
on summary conviction –

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Interpretation
of this Part.
Mutual
assistance
between
Guyana and
non-
Commonwealth
(a) in the case of an individual, to a fine
of $1,000,000 and imprisonment for a
term of 2 years; and
(b) in the case of a person other than an
individual, to a fine of $10,000,000.
PART IV
APPLICATION OF ACT TO COUNTRIES OTHER THAN
COMMONWEALTH COUNTRIES
37. In this Part, "country" means a country other than
a Commonwealth country.

38. (1) This Act applies with all necessary
modifications to—
(a) any country that has a bilateral or
multilateral treaty with Guyana in
respect of mutual assistance in
criminal matters; and
(b) any country that is a party to the
United Nations Convention against
Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, 1988,
as if the country were a Commonwealth country.
(2) Unless the central authority otherwise directs,
all expenses incurred in respect of any request made by a
country referred to in subsection (1) (b) shall be paid by that
country.
(3) Any co-operation requested by a country
referred to in subsection (1) (b) shall be rendered on the basis
of reciprocity.
countries.
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Certificates
given by
central
authority.

Authen-
tication.
(4) The central authority may by order prescribe
any limitation, condition, exception, or qualification to the
application of this Act to any country referred to in subsection
(1).
PART V
MISCELLANEOUS
39. (1) Where satisfied that it is the case, the central
authority may give a certificate certifying all or any of the
following facts –
(a) that a Commonwealth country made
a request for assistance under this
Act;
(b) that the request meets the
requirements of this Act,
(c) that the request was duly accepted 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 of the matters certified by the
certificate.
40. (1) In any relevant proceedings, a document that is
duly authenticated is admissible in evidence.
(2) A document is duly authenticated for the
purposes of subsection (1) if it purports to be—
(a) signed or certified by a judge or
magistrate of the Commonwealth
country making the request from
which those proceedings arose;

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Transit.
(b) authenticated by the oath of a witness,
or of a public officer, of the requesting
country; or
(c) sealed with an official or public seal of
a Minister, department, or public
office, of the Government of the
requesting country.
(3) In any relevant proceedings, a certificate shall
be received as evidence of the matters certified in it, if it
purports to have been given—
(a) by the central authority for the
Commonwealth country making the
request (from which those
proceedings arose) certifying any
matter referred to in –
(i) paragraph (b) (i) or (ii) or
paragraph (c) of the definition
of "criminal matter" in section 2
(1); or
(ii) paragraph (c) of the definition
of "serious offence" in section
2(1); or
(b) by a qualified legal practitioner for
the purposes of a request for
assistance under section 33 or 35.
(4) Nothing in this section operates to prevent the
proof of any matter, or the admission of any documents, in
accordance with the regulations or any other law.
41. (1) Where a person is to be transported in custody
from a Commonwealth country through Guyana to another
Commonwealth country following a request for assistance by
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Escaping.

Arrest of
persons who
has escaped
custody.
the other Commonwealth country, the person—
(a) may be transported through Guyana
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 Guyana, shall be
kept in such custody as the central
authority directs in writing until the
person's transportation is continued.
(2) Where a person is being held in custody in
accordance with a direction under subsection (1) (b) and the
person's transportation is not, in the opinion of the central
authority, continued within a reasonable time, the central
authority may direct that the person be transported in
custody to the Commonwealth country from which the
person was originally transported.
42. Every person commits an offence and is liable on
summary conviction to imprisonment for 2 years who escapes
from lawful custody—
(a) while in Guyana as a result of a
request under section 12; or
(b) while being kept or transported in
custody under a direction made
under section 41.
43. (1) A police officer may without warrant arrest a
person if the officer believes on reasonable grounds that the
person—
(a) has been brought to Guyana as a
result of a request under section 12, or
was being kept or transported in
custody under a direction made
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Regulations.
under section 41; and
(b) has escaped from lawful custody
while in Guyana.
(2) A person who has been arrested under
subsection (1) shall be returned to custody in accordance with
this Act.
44. (1) The Minister may make regulations –
(a) making provisions as to evidence or
proof of any matter for the purposes
of this Act;
(b) prescribing expenses and allowances
payable to a person in Guyana as a
result of a request;
(c) prescribing conditions to be imposed
for the protection of an interest in any
property to be sent to a requesting
country as a result of a request;
(d) prescribing conditions for the
protection of any property sent to or
by a Commonwealth country as a
result of a request, and providing for
the return of property in Guyana as a
result of a request;
(e) creating a summary offence of
contravening or failing to comply
with a regulation made under this
Act, and prescribing penalties for the
offence not exceeding –
(i) in the case of an individual, a
fine of $1,000,000 and
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s. 22 (1)
imprisonment for a term of 2
years; and
(ii) in the case of a person other
than an individual, a fine of
$10,000,000;
(f) prescribing anything authorised or
required by this Act to be prescribed;
(g) providing for such other matters as
necessary for giving full effect to the
provisions of this Act and for the due
administration of it.
(2) Regulations may, with such limitations,
conditions, exceptions, or qualifications 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 26
(8) may include procedures for, and powers in relation to, the
taking of evidence in Guyana by persons from, or nominated
by, the Commonwealth country making the request
concerned.
(4) All regulation made under this Act shall be
subject to negative resolution of the National Assembly.
SCHEDULE
REQUEST FOR ASSISTANCE MADE BY
COMMONWEALTH COUNTRIES
1. Every request for assistance under this Act made by
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a Commonwealth country shall—
(a) be in English;
(b) where documents in a language other
than English are included, include an
English translation of those
documents;
(c) specify the purpose of the request and
the assistance requested;
(d) identify the person, agency, or
authority that initiated the request;
(e) include a copy of the text of relevant
laws of the country;
(f) where the request relates to a person,
provide the' name, nationality, and
address of that person, if available;
(g) state any period within which the
country wishes the request to be
complied with;
(h) if the request would involve travel by
any person from Guyana to the
country, give details of allowances
and accommodation to which the
person would be entitled; and
(i) contain any other information
available to the central authority for
the country that may assist in carrying
out the request.
2. (1) Every request for the purposes of an
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investigation shall—
(a) 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
section 2 (1); and
(b) state when the investigation
commenced and the nature of the
investigation.
(2) Every request for the purposes of proceedings
shall—
(a) be accompanied by the certificate, in
relation to the proceedings, that is
referred to in paragraph (b) (ii) of the
definition of "criminal matter" in
section 2 (1); and
(b) specify—
(i) details of the proceedings and
the offence concerned,
including a summary of the
known facts;
(ii) the identity, if known, of the
person to whom the
proceedings relate or would
relate;
(iii) when the proceedings were
instituted and the stage reached
in the proceedings; and
(iv) the court, tribunal, or other
competent authority
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conducting or supervising the
proceedings.
3. Every request of the kind specified in section 26 (1)
(a) shall—
(a) give reasons for and details of the
procedure that the requesting country
wishes to be followed in carrying out
the request, including –
(i) details of the manner and form
in which any evidence or
information is to be supplied to
that country; and
(ii) whether sworn or affirmed
evidence or statements are
required;
(b) where evidence is to be taken from a
person, specify –
(i) whether the person is to be
examined –
(A) orally or in writing;
(B) under oath;
(C) in the presence of his
legal representative; or
(D) in the presence of the
person to whom any
relevant proceedings in
that country relate;
(ii) the questions to be put to the
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person or the subject matter
about which the person is to be
examined; and
(iii) any special requirements of the
country as to the manner of
taking evidence relevant to its
admissibility in the country;
and
(c) give details of any privileges or
exemptions under the law of the
country in relation to obtaining
evidence or information by the means
proposed in the request.
4. Every request of the kind specified in section 28 (1)
(a) shall provide all information available to the requesting
country that could facilitate the identification and location of
the thing that is to be located or identified.
5. Every request of the kind specified in section 29 (1)
(a) shall –
(a) identify the thing which is to be
obtained;
(b) if the thing is sought to be removed to
the requesting country, specify the
person or description of persons who
will have custody of that thing, the
place to which that thing is to be
removed, any test to be conducted,
and the date by which that country
expects to return that thing; and
(c) so far as is reasonably practicable,
contain all information available to
that country which may be required
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to be adduced in an application under
the law of Guyana for any necessary
warrant or authorisation to effect a
seizure of that thing.
6. Every request of the kind specified in section 31 (1)
(a) shall—
(a) identify the subject on which
evidence or information is to be
provided;
(b) specify the person or description of
persons who will have custody
during the transfer of the prisoner;
(c) specify the place to which the
prisoner is to be transferred;
(d) specify the date of the prisoner's
expected return; and
(e) state the reasons for requiring the
personal appearance of the prisoner.
7. Every request of the kind specified in section 32(1)
(a) shall—
(a) be accompanied by the document to
be served; and
(b) where that document relates to the
attendance of a person in the country,
give such notice as that country is
able to provide of outstanding
warrants or other judicial orders in
criminal matters against that person.

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8. Every request of the kind specified in section 33 (1)
(c) shall—
(a) give details of the specified serious
offence;
(b) give any information in the
possession of the country which will
assist in identifying or locating the
relevant property; and
(c) state the grounds for suspecting that
the property is in Guyana.
9. Every request of the kind specified in section 34 (1)
(c) shall—
(a) be accompanied by a copy of the
relevant order made in the requesting
country—
(i) sealed by the court that made
the order; or
(ii) duly authenticated;
(b) identify the law under which the
order was made;
(c) give details of the specified serious
offence and of any proceedings
commenced in respect of that offence;
(d) state the grounds for suspecting that
the relevant property is in Guyana;
(e) give any information in the
possession of the country that will
assist in identifying or locating the
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property; and
(f) give particulars of any amount paid
or recovered under the relevant order.
10. Every request of the kind specified in section 35 (1)
(c) shall—
(a) where an order has been made in the
requesting country, -
(i) be accompanied by a copy of
the relevant order sealed by the
court that made the order or
duly authenticated;
(ii) identify the law under which
the order was made;
(iii) state the grounds on which the
order was made;-
(b) where an order has not been made in
the requesting country, state the
grounds for believing that an order is
likely to be made;
(c) give details of the specified serious
offence in respect of which the order
was or is likely to be made;
(d) state the grounds for suspecting that
the relevant property is in Guyana;
and
(e) give any information in the
possession of the country that will
assist in identifying the property.
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