Mutual Assistance (Criminal Matters) Act


Published: 1995-07-14

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THE MUTUAL ASSISTANCE (CRIMINAL
MATTERS) ACT

ARRANGEMENT OF SECTlONS

PART I. Prrlinririarv
Short title.

Interpretation.

Preservation of informal arrangements.

PART 11. Requests hv Janraica

Requests by Jamaica.

Restriction of use of evidence or information obtained or docu-
ments or articles produced.

Effect of service of document pursuant to request by Jamaica.

Request by Jamaica for appearance of foreign inmate as witness in
Jamaica.

Warrant for and custody of foreign inmate.

lmmunities and privileges re persons brought to Jamaica.

Status of person prosecuted after departure from relevant foreign
state.

Release of certain persons upon request by foreign state.

Arrest of person who escape from custody.

Requests by Jamaica for making or enforcement of forfeiture
orders, etc.

Requests by Jamaica for issue of orders in foreign state.

PART 111. Requests b.y Foreign States

Provision of assistance under this Part.

Grounds for refusal of assistance.

Assistance in part or subject to conditions.

Postponement of execution of requests.

Execution of requests.

Assistance in relation to taking of testimony and production of
documents.

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MUTUAL ASSISTANCE (CRliL@NAL MATTERS)

Privileges of witnesses.

Requests for production of judicial or official records.

Requests by a relevant foreign state for search and seizure.

Confidentiality of information or evidence, etc.

Requests for giving of evidence by inmate at hearing in foreign
state.

Requests for assistance re investigations in relevant foreign state.

Request by foreign state for enforcement of orders.

Request by foreign state for warrants for search and seizure in
respect of tainted property.

Request by foreign state for restraint order.

Service of documents

PART IV. General

3 1. Application of the provisions of this Act to foreign state.

32. Regulations.

33. Rules of Court.

34. Repeals (for Jamaica).

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MUTUAL ASSISTANCE (CRIMINAL MY MAERS) 3

. .
THE MUTUAL ASSISTANCE (CRIMINAL

MATTERS) ACT

Acts
5 of 1995.
28 of 1996,
18 of 2005
2nd Sch,

[14th July, 1992.1 4;fiOf
3 of2010
S. 22.

PART I. Preliminary

1. This Act may be cited as the Mutual Assistance (Criminal short title.
Matters) Act. . ..

. .
2. In this Act- lnterpreta-

tion.
"Central Authority" means the Minister responsible for jus-

tice or any person designated by him for the purpose
of performing such hc t ions or duties of the Central
Authority as may be specified in the instrument of
designation;

"criminal . . investigation" means an investigation into an
offence;

"criminal matter" includes a criminal matter relating
to-

(a) revenue;

(b) the forfeiture or confiscation of property
in respect of a prescribed offence;

(c) the imposition or recovery of a pecuniary
penalty in respect of a prescribed offence;

(4 the restraining of dealings in property or the
freezing of assets that may be forfeited or con-
fiscated, or that may be needed to satisfy a pecu-
niary penalty imposed in respect of a prescribed
offence;

"criminal proceeding" in relation to an offence, means-
(a) a trial of a person for the offence;
(b) any proceeding to determine whether any person

should be tried for an offence; or

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MUTUAL ASSISTANCE (CRIMINAL MATTERS)
I

i
(c) the preferment of a voluntary bill of indictment;

"designated Commonwealth state" means a ~ o k m o n -
wealth state designated by the Minister in 4 order
made under section 3 1 ( 1 ) for the purposes of td/s Act;

"foreign forfeiture order" means an order made unfler the
law of a relevant foreign state for the forfeiture or con-
fiscation of property in respect of a prescribed
offence; I O

"foreign inmate" means a person who is being held i'n cus-
tody pending trial or sentence for, or is \under
a sentence of imprisonment for, an offence agdinst a
law of a foreign state, but does not include a person
who is at large after having escaped from l a h l cus-
tody; I

"foreign pecuniary penalty order" means an order bade
, under the law of a relevant foriign state, imposing a

pecuniary penalty in respect of a piescribed offende;
I I

"foreign state" means- I

(a) a designated Commonwealth state; or
(b) a treaty state; - I

"inmate" means-
(a) any person whether convicted or not, d d e r

detention in any adult correctional centre or
remand centre, as defined in the Corrections
Act; 1

(b) any person who, though seming a term of im-
prisonment in an adult correctional centre,' is
permitted pursuant to the Comctions Act to;be
temporarily absent from such centre; or . I

I

(c) any parolee as defined in the Parole Act; , 0
. ,

"judicial recdrds" means judgments, orders and decisions
of courts and other documents held by judicial autho-
rities;

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MUTUAL ASSISTANCE (CRIMINAL MATTERS) 5

"offence" means an offence against the law of Jamaica or
the law of a relevant foreign state;

"official records" means documents held by agencies or
departments of government;

"police officer" means a member of the Jamaica Con-
stabulary Force;

'cpre~cribed offence" means-

(a) a prescribed offence as defined in the Proceeds :y:C):
of Crime Act; ( 1 )(a).

(b) an offence against the law of a relevant foreign
state which involves-

(i) the production, manufacture, supply of
or other dealings in dangerous drugs;

(ii) the transportatian, 'storage, importation
w x p o r t of dangerous drugs;

(iii) money laundering, 281 1996
S. 2(b).

and aiding, abetting, counselling, procuring or
conspiring as to, the commission of any such
offence;

(c) a terrorism offence as defined by section 2 of
the Terrorism Prevention Act;

"realizable property" has the same meaning as in the m o o 7
Proceeds of Crime Act; S. 140(l)(a).

"record" means any matetial on which data are recorded or
marked and which is capable of being read or
understood by a person or a computer system or other
device;

"relevant foreign state" means a foreign state which makes
a request to Jamaica or to which Jamaica makes a
request;

b t relevant treaty" means-

--

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MUTUAL ASSISTANCE (CRIMINAL h44 TTERS)

Second
Scliedule.

(a) a treaty, convention or other international
agreement (whether made before or after the
14th day of July, 1995) that is in force and to
which Jamaica is a party, the purpose of which
is to provide for mutual legal assistance in
criminal matters;

(b) any of the Conventions set out in the Second
Schedule.

"restraint order" means an order made pursuant to section
29 in relation to property located in Jamaica, the
owner of which has been charged with or convicted of
a prescribed offence;

"tainted property" means-

(a) property used in, or in connection with, the
commission of a prescribed offence; or

(b) property derived, obtained or realized directly
by the person convicted from the commission
of a prescribed offence;

"treaty state" means a state that is a party to a relevant
treaty and in respect of which an order under section
3 1 (2) is in force.

Preservation 3. Nothing in this Act shall be construed so as to abrogate or
of informal
arrangerTlents. derogate from any arrangement or practice respecting co-

operation between Jamaica and a foreign state or organization,
as the case may be.

PART 11. Requests by Jamaica
4

Requests by 4.-(1) The Central Authority may request the assistance of a
Jamaica.

foreign state in respect of investigations and proceedings in
relation to a criminal matter.

(2) Assistance as referred to in subsection (1) is solely
for the criminal law enforcement authorities.

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MUTUAL ASSISTANCE (CRlMINAL MATTERS) 7

5 . 4 1 ) Where, pursuant to a request under this Act by Rehctlon
the Central Authority for assistance, any evidence or infor- evidenceor

produced- orarticles

d w e of

mation is obtained or any documents or other articles are &taj,,dor mformation
d O Q l , ~ O L %

(U) the evidence or information so obtained shall not, pWdued
without the prior consent of the reIevant foreign
state. be admitted or otherwise used for any pur-
poses other than those stated in the request;

(b) the documents or other articles so prgduced shall
not, without the prior consent of the relevant
foreign state, be used for any purposes other than
those stated in the request.

(2) The restriction specified in subsection (1) (a) shall
not apply in the case of the prosecution of a person far the
offence of perjury in relation to the giving of the evidence
referred to in that subsection.

6. A person who- Effsctod
se4nR oi

(a) pursuant to a request by the Central Authority dot-
punuant ta under this Act, is served with a summons to appear rrgueatby
Jamaica

(6) fails to comply with the sunmons,
as a witness in Jamaica; and

shall not, by reason of such failure, be liable to any penalty
or measure of compulsion in Jamaica notwithstanding any
contrary statement in the summons.

7.--(1) Where a crimind proceeding has commenced in Requestby
Jamaica and the Central Authority is of the opinion that a apmraoca

proceeding, the Central Authority may request the foreign w m s ID
state in which the inmate is being held to authorize the
attendance of that inmate at a hearing in connection with
the proceeding.

Jamaica for

foreign inmate is capable of giving evidence relevant to the of . foreiga
inmate as

Jamaica.

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8 MUTUAL ASSISTANCE {CRIMINAL MATTERS)

(2) Where an investigation relating to a criminal
matter has commenced in Jamaica and the Central Authority
is of the opinion that a foreign inmate is capable of giving
assistance in relation to the investigation. the Central
Authority may request the foreign state in which the foreign
inmate is being held to authorize the removal of that inmate
to Jamaica for the purpose of giving assistance in relation
to the investigation.

(3) Where the Central Authority makes a request
under subsection (1) or (2), the Central Authority may make
arrangements with the appropriate authority of the relevant
foreign state for the purposes of-

(a) the removal of the person to Jamaica;
(b) the custody of the person while in Jamaica;
(c) the return of the person to the relevant foreign

state; and
(d such other matters as may be relevant.

Warmtfoor 8.--(1) Where the Central Authority is satisfied that
arrangements are being made with the appropriate authority
of a relevant foreign state in respeck of a foreign inmate for
the purposes specified in paragraphs (U) to (d) of seotion
7 (3), the Central Authority may apply in the prescribed
manner to a Resident Magistrate for the issue of a warrant
under this section.

(2) No warrant may be issued under this section in
respect of a foreign inmate unless that inmate has consented
to being removed to Jamaica for the purposes stated in the
request.

and ousmdy

inmaac.

(3) The effect of the warrant shall be to authorize-
the bringing of the foreign inmate to Jamaica;
the taking of the foreign inmate to, and the deten-
tion in custody of that inmate at, such place or

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MUTUAL ASSISTANCE (CRIMINAL MATTERS)

pIaces in Jamaica as are specified in the warrant;
(c) the return of the foreign inmate to the rdevant

foreign state.
(4) Where a warrant has been issued in respect of a

foreign inmate under this section, that inmate shall be
deemed to be in legal custody at any time when the inmate
is being taken under the warrant to or from Jamaica or being
kept in custody under the warrant.

(5 ) A person authorized by or for the purpose of the
warrant to take the foreign inmate to or from any place or
to keep that inmate in custody shall have all the powers,
authority, protection and privileges of a constable under any
law in force in Jamaica.

(6) If the foreign inmate escapes or is unlawfully at
large, that inmate may be arrested without warrant by a con-
stable and taken to any place to which he may be taken under
the warrant issued under this section.

(7) The Central Authority shall return a person
brought to Jamaica pursuant to a request under section 7
to the relevant foreign state-

(a) if the person is serving a sentence, no later than the
date immediately preceding the date of expiration
of the sentence; or

(b) in any other case, no later than the date of expira-
tion of the period in respect of which arrangements
were made for him to be kept in custody in Jamaica,

9

9.-(1) Subject to subsection (2), where a person is in
Jamaica pursuant to a request under section 7 or to give legcsre
evidence in a criminal proceeding or to give assistance in bmTiltbo

a request under section 7) by the Central Authority for assist-
ance under this Act, that person shall not-

persons

relation to an investigation pursuant to a request (other than Jamam.

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10 MUTUAL ASSiSTANCE (CRIMINAL MATTERS)

(a) be detained. prosecuted or punished in Jamaica
for any offence that is alleged to have been com-
mitted, or that was committed, before the person’s
departure from the relevant foreign state pursuant
to the request; or

(b) be subjected to any civil suit in respect of any act
or omission of the person that is alleged to have
occurred or that occurred, before the person’s
departure from the relevant foreign state pursuant
to the request, being a civil suit to which the person
could not be subjected if the person were not jn
Jamaica; or

(c) be required to give evidence in any proceeding or
to assist in any investigation in Jamaica other than
the proQeding or investigation to which the
request relates; or

(d) be required, in the proceeding to which the request
relates (if any)--

(i) to answer any question; or
(ii) to produce any document or articIe,

that the person would not be required to answer
or to produce in a proceeding in the relevant foreign
state or in Jamaica relating to a criminal matter.

(2) Subsection (1) shall cease to apply to a person if-
(a) during a period of ten days from the date on which

the person has been notified in writing thdt his
presence is no longer required in Jamaica or such
other period as may be prescribed in relation to a
relevant foreign state, the person has had the
opportunity of leaving Jamaica and has remained
in Jamaica otherwise than for the purpose to which
the request relates; or

(b) the person returns voluntarily to Jamaica after
having left.

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MUTUAL ASSISTANCE (CRIMINAL Ad4 TTERS) 1 I

10.-41) Where a person has come to Jamaica pursuant to St"us0f
person pro-

a request under section 7, then for purposes of this Act, secuted
the person shall be talcen to be in Jamaica pursuant to the "erdd"-

parture
request for any period during which the person remains in ~ , o , , ~ ~ I , -
Jamaica for the purpose of being tried for a criminal offence

State.
in Jamaica that the person is alleged to have committed
after the person's departure from the relevant foreign
state.

(2) Without limiting the generality of subsection ( I ) , the
person shall be kept in such custody as is specified in a warrant
issued under section 8.

11. Where- Release of
certain per-
sons upon

(a) a person is being held in custody in accordance request by
fore~gn

with a warrant issued under section 8; and state.

(b ) the relevant foreign state from which the person
was brought requests in writing the release of
that person from custody,

the Central Authority shall in writing direct that the person be
released from custody and the person shall be released in
accordance with such direction.

12.-(1) A police officer may, without warrant, arrest a person who
person if the police officer has reasonable grounds for escaped
believing that the person- from

custody.

(a) has been brought to Jamaica pursuant to a
request under section 7; and

(b) has escaped from lawful custody while in
Jamaica pursuant to the request.

(2) A person who is arrested pursuant to subsection (1)
shall be returned to custody.

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12 MUTUAL ASSISTANCE (CRIMINAL MATTERS)

ne""s's by 13.-(1) The Central Authority may, in its discretion, recluest Jamaica for
makingor an appropriate authority of a foreign state to malce arrange-
enforce-
ment of

ments for the enforcement of-
forfeiture
orders, erc. (a) an order made by a court in Jamaica under a law in

force in Jamaica with regard to the forfeiture of
property that is believed to be located in the foreign
state;

(b) a pecuniary penalty order or other order made by a
court in Jamaica under the Proceeds of Crime Act
where some or all of tlie property available to satisfy
the order is believed to be located in the foreign state;

(c) a restraint order made by a court in Jamaica against
property that is believed to be located in the foreign
state.

(2) Where a person has been convicted of a prescribed
offence in Jamaica, the Central Authority may, in its dis-
cretion, request an appropriate authority of a foreign state
to-

(a) obtain, on behalf of the Central Authority, the issue of
an order similar to an order referred to in sub-section
(1) (a) or (b), in relation to property that is believed to
be located in that foreign state; and

(b) make arrangements for the enforcement of any order so
made.

Request by
Jamaica for

14. Where a criminal proceeding has commenced in Jamaica
issue of in relation to a criminal offence, the Central Authority may,
orders in
foreign

in its discretion, request an appropriate authority of a
state. foreign state to obtain the issue, in respect of the offence, of

a warrant, order or other instrument similar in nature
t o -

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MUTUAL ASSISTANCE (CRIMNAL UA TTERS) 13

(a) a search warrant for property specified in the request;

(b) a restraint order in respect of property;

(c) a warrant for the' interception of communications; or . Fi;,O
. (6) a notice requiring the disclosure of communications

data within the meaning of the Interception of Com-
munications Act.

PART 111. Requests by Foreign States

15.-41') Assistance may be provided to a foreign state, on Provision of
request, in accordance with this Part. assistance under this

(2) Assistance provided under this Part shall be in res- Part.

pect ,of investigations and proceedings in relation to a criminal
matter and such assistance may be provided & aforesaid-

(a) to the foreign state which makes a request for the
purposes only of the criminal law enforcement
authorities in that state; and

(b) only if criminal proceedings have been instituted in
that state or if there is reasonable cause to believe
that an offence in respect of which such proceedings
could be instituted, has been or is likely to be com-
mitted. ,

(3) Assistance under 'this Part may be provided in
relation' to- ,

(a) &e location and identification of persons and objects;

(b) the examination and taking of testimony of wit-
nesses;

(c) the production of- I.
/ ,

(i) documents and other records, including judicial
or official records; and

(ii) other articles;

(6) the making of arrangements for persons to give
evidence or assist investigations;

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MUTUAL ASSISTANCE (CRIMINAL UATTERS)

(e) the temporary transfer of persons in custody for the
giving of testimony;

u> the carrying out of search and seizure;
(g) the service of documents;
(h) the restraining of dealings in property, or the freezing

of assets that may be forfeited or'that may be needed to
satisfy orders which are similar to pecuniary penalty
orders imposed in respect of a prescribed offence; 0

( i ) the tracing, seizure and forfeiture of property that may
be subject to a forfeiture order in force for the time
being in relation to a prescribed offence in the foreign
state which makes a request;

312010 (i) the interception of communications in accordance with
s. 22(d). the Interception of Communications Act;
312010 (k) the disclosure of communications data in accordance
S. 22(d). . with the provisions of the Interception of Commun-

ications Act; I

(I) such other matters as may be included in an agreement
or arrangement in force between Jamaica and a foreign
state.

(4) Requests made by a foreign state shall be made in
writing to the Central Authority and shall contain such of 'the

Fint particulars set out in the First Schedule as the centralc~utho$ty
Schedule. ,,,,, may require, but without prejudice to the requirement for such
2ndSch. additional information as may, be on side red necessary for the

purpose of giving effect to the request.
I

m ~ n b f o r ' 1.6.-41) A request for assistance under this Act hade b$ a
refusal of
~ i ~ ~ . foreign state-

1

(a) shall be refused if, in the opinion of the Central
Authority- 0

(i) compliance with the request would contra-
vene the provisions of the Constitution, or pre-
judice the security, international relations or
other essential public interests of Jamaica;

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M U T U A L ASSISTANCE (CRIMINAL MATTERS)

(ii) there are substantial grounds for believing
that compliance with the request would
facilitate the prosecution or punishment of
a person affected by the request on account
of the person’s race, religion, nationafity or
political opinions or, for any of the fore-
going reasons, would cause prejudice to
such person;

(iii) the request relates to an offence under
military law only or under a law relating to
military obligations;

(iv) the request relates to conduct in respect of
which the person accused or suspected of
having committed an offence has been con-
victed or acquitted by a court in Jamaica;

(v) the steps required to be taken in order to
comply with the request cannot be legally
taken in Jamaica in respect of criminal
matters arising in Jamaica;

(vj) the request relates to an offence or proceed-
ings of a political character not being an
offence included in any relevant treaty to
which Jamaica and the relevant foreign
state are parties and which imposes on the
parties thereto an obligation either to
extradite or prosecute a person accused of
that offence;

(vii) any confidentiality requested in relation to
information or evidence furnished by
Jamaica would not be protected by the
relevant foreign state;

(b) may be refused if, in the opinion of the Central

(i) the request relates to conduct which would
Authority-

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15

16 MUTUAL ASSISTANCE (CRIMINAL MATTERS)

not constitute an offence under any law in
force in Jamaica;

(ii) the use of information or evidence furnished
by Jamaica would not be restricted by the
relevant foreign state to the purposes stated
in the request.

(2) The Central Authority shall forthwith notify the
relevant foreign state of the refusal of a request and of the
ground under subsection (1) on which the request was
refused.

hsktnnoc
in part or
Subied to vided-

17. Assistance in response to a request may be pro-
C0n;Liti;mS (a) in relation to the whole request or such part there-

of as the Central Authority may determine; or
(b) subject to such conditions as the Central Authoriby

may determine.

POStpWnC.
ment of
execution
of r e q u ~ ~ f s .

18.--(1) The Central Authority may postpone the
execution of a request if such execution is likely to interfere
with an investigation or proceeding in Jamaica or for any
other reason which, in the opinion of the Central Authority,
justifies such postponement.

(2) The relevant foreign state shall be notified forth-
with of any postponement referred to in subsection (1) and
of the proposed date of execution.

EXCXXBth 19.-(1) Subject to the provisions of this Act, requests to
Jamaica shall be executed in accordance with the relevant
laws in force in Jamaica and the procedures applicable
under those laws.

(2) Where a request contains particulars of pro-
cedures to be followed in the execution of a request, those

of repueals.

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MUTUAL ASSlSTANCE (CRIMINAL. MATTERS)

procedures shall be followed to the extent possible under the
relevant laws in force in Jamaica.

17

20.41) Subject to the provisions of this Act, where a t2$oy
s s request is made to Jamaica for-

(a) the taking of evidence; or m y lad
mudlol (b) the production of documents (other than judicial ofdool-

or official records referred to in section 22) or other
articles,

the Central Authority may, in its discretion, in writing
authorize the taking of the evidenfe or the production of
the documents or other articles, and the transmission of the
evidence, documents or other articles to the relevant foreign
state.

(2) Where the Central Authority authurizes the
taking of evidence or the production of documents or other
articles under subsection (11, a Judge of the Supreme Court
or a Resident Magistrate-

(U) in the case of a request for the taking of evidence,
may take the evidence on oath of each witness
appearing More the Judge or Resident Magistrate
to give evidence in relation to the matter; and
shall-

(i) cause any evidence so taken to be put in
writing and certify that it was so taken; and

lii) cause the writing so certified to be sent to
the Central Authority;

(b) may, in the case of a request for the production of
documents or other articles, require such pro-
duction and shall send to the Central Authority
any articles so produced or any such documents
or copies thereof, and shall certify that-

(i) the documents or articles so sent are the
documents or articles produced to the

o la la

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MUTUAL ASSISTANCE (CRIMINAL MATTERS)

Judge or Resident Magistrate; or
(ii) any copies of documents are true copies of

documents so produced.
(3) The Judge of the Supreme Court or the Resi-

dent Magistrate conducting a procBedmg under subsection
(2)-

(a) may, subject to section 22, order any person to
attend the proceeding and to give evidence or to
produce any documents or other articles at that
proceeding;

(b) may permit-
(i) the relevant foreign state;
(ii) the person to whom the proceeding in that

state relates; and
(iii) any other person giving evidence or pro-

ducing documents or other articles at the
proceeding,

to have legal representation during the proceeding;
(c) shall afford to the person referred to in paragraph

(6) (ii) facilities to examine in person or by his
legal representative, any person giving evidence
at that proceeding.

(4) A certificate by the Judge of the Supreme Court
or the Resident Magistrate under subsection (2) shall state
whether, when the evidence was taken or the documents
or other articles were produced, any of the following per-
sons was present-

(a) the person to whom the proceeding in the rele-
vant foreign state relates or any legal represen-
tative of that person;

(b) any other person giving evidence or producing
documents or other articles or any legal repre-
sentative of that person.

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MUTUAL ASSISTANCE (CRIMINAL MATTERS)

(5) Where compliance with a request relating to
the production of documents or artides requiras the trans-
mission of such documents or articles to the relevant
foreign state, the Central Authority may. subject to sub-
section (6)-

(U) postpone such transmission if the documents or
articles are required in connection with any pro-
ceeding in Jamaica;

(b) require the relevant foreign state to agree to such
terms and conditions as the Central Authority
shall specify in order to protect the rights of third
parties in relation to such documents or articles.

(U) shall, where transmission of documents is post-
poned, provide certified copies thereof pending
transmission of the original; or

(b) may refuse to effect such transmission pending the
conclusion of an agreement referred to in subsec-
tion (5 ) (b).

(6) The Central Authority-

19

21. No person shall be compelled, in relation to a request pridSgcr
referred to in section 20, to give evidence or to produce of*esses.
documents or other articles which he could not be com-
pelled to give or produce in criminal proceedings in Jamaica
or in the relevant foreign state.

22. Where a request relates to the production of judicial R W U ~
Por produo

judicial 01
ollidal

or official records relevant to a criminal matter arising in tiood
the relevant foreign state, the Central Authority-

(a) shall provide copies of such records which are ramr*.
publicly available;

(b) may provide copies of such records which are not
publicly available to the like extent and under like
conditions as apply in the case of the production
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20 MUTUAL ASSISTANCE (CRlMlNA L MATTERS)

of such records to law enforement agencies or
prosecution or judicial authorities in Jamaica.

m - b y 23.-(1) Where-
foreign (a) a proceeding or investigation relating to a criminal
search and matter has commenced in a relevant foreign state;

(b) there are reasonable grounds for believing that an
article (not beiig tainted property) relevant to the
proceeding or investigation is located in Jamaica;
and

(c) the relevant foreign state requests the Central
Authority to arrange for the issue of a search war-
rant under this section in relation to that article,

the Central Authority may authorize a police oBcer to
apply to a Resident Magistrate for the search warrant
requested by the relevant foreign state.

(2) Where a police officer authorized under subsec-
tion (1) has reason to believe that the articles to which the
request relates is, or will, at a specif~ed time be-

(a) on a person or in his possession or under his con-
trol; or

(6) upon any land or upon or in any premises,

a relevant

aiate €Qr

seizura

the police officer may lay before a Resident Magistrate an
information on oath setting out the grounds for that belief
and apply for the issue of a warrant under this Section to
search the person, land or premises for that article.

(3) A Resident Magistrate may, on an application
under subsection (2), issue a warrant authorizing a police
officer named in the warrant with such assistance as may
be necessary-

(a) to search the person;
(6) to enter upon the land or upon or into the premises;
(c) to search the land and premises for the article; and

~ W m b n dthispapobspYlhorizedb~U.95llQ~

MUTUAL ASSISTANCE (CRIMINAL MATTERS)

(d) to seize any article found in the course of the
search that the police officer believes, on reason-
able grounds, to be relevant to the proceeding or
investigation.

(4) A Resident Magistrate shall not issue a warrant

(U) the informant or some other person has given to
the Resident Magistrate either orally under oath
or by adavi t , such further information (if any)
as the Resident Magistrate requires concerning
the grounds on which the issue of the warrant
is sough% and

(6) the Resident Magistrate is satisfied that there are
reasonable grounds for issuing the warrant.

(5) There shall be stated in a warrant issued under

(a) the purpose for which the warrant is issued, in-
cluding a reference to the nature of the criminal
matter in relation to which the search is author-
ized;

(b) whether the search is authorized at any time of
the day or night or during specified hours of the
day or night

(c) a description of the kind of articles authorized to
be seized, and

(d) the date, not being later than twenty-eight days
after the issue of the warrant, on which it ceases
to have effect.

(6) Where a police officer finds, as a result of a
search in accordance with a warrant issued under this sec-
tion, an article which the police officer seizes because he
believes on reasonable grounds that it is relevant to the
proceeding or investigation in the relevant foreign state, the

under this section udess-

this sstion-

C’RM iaclnslon d this is a d o r k u b y L.N. 9 5 t l P ~

22 MUTUAL ASSISTANCE (CRIMINAL MATTERS)

police officer shall deliver the article to the custody and
control of the Commissioner of Police.

(7) Where an article is delivered into the custody
and control of the Commissioner of Police under subsec-
tion (6), the Commissioner shall arrange for the article to
he kept for a period not exceeding twenty-eight days from
the day on which the article was seized pending a direc-
tion in writing by the Central Authority as to the manner
in which the article is to be dealt with.

(8) A police officer who executes a search warrant
issued under this section shall, as soon as practicable
thereafter, give to the person or the owner or occupier of
the premises or leave in a conspicuous position on the
land or at the premises, as the case may require, a notice
stating-

(a) the police officer’s name and rank;
(b) the name of the Resident Magistrate who issued

the warrant and the date of such issue; and
(c) a description of any artides seized and removed

in accordance with the warrant.
(9) A person may only be searched under a

warrant issued under this section by a person of the same
sex.

(10) Where a police officer is authorized by a warrant
issued under this section to search a person, the officer
may also search-

(a) the clothing that is being worn by the person; and
(b) any property in, or apparently in, the person’s

immediate control.
(11) Nothing in this section shall be taken to

authorize a police officer, in executing a warrant under this
section, to carry out a search by way of an examination of
a body cavity of a person.

cIl?s MUKZIJO d tbia is a d m k d by LN. 951 19971

MUTUAL ASSISTANCE (CRIMINAL MATTERS) 23

24.-(1) Where assistance is provided to a foreign state in Canfidm- , .
bahty of

relation to the provision of information or evidence, the inform- tion or Central Authority may, subject to subsection (2), require cv~tocc,
that such information or evidence be kept confidential in 't~.
accordance with such conditions as the Central Authority
may specify.

(2) Subsection (1) shall not apply in any case where
the information or evidence is required for the purpose of
any criminal proceedings in the relevant foreign state.

25.-
matter

(U)

41) where a proceeding relating to a criminal 2;$&
has commenced in a relevant foreign state and-- fafew

that state requests the attendance of an inmate at 2~~
a hearine in connection with the moceedine: in foreim LI -

atata
I

(b) there are reasonable grounds for believing that the
inmate is capable of giving evidence relevant to
the prooeeding; and

(c) the Central Authority is satisfied that-
(i) the inmate has consented to giving such

evidence in the relevant foreign state; and
(ii) that state has given adequate undertakings

in respect of the matters specified in subsec-
tion (31,

the Central Authority may, in its discretion, make arrange-
ments for the inmate's travel to the relevant foreign state
in the custody of a police officer or correctional officer
designated by the Central Authority for the purpose and
shall notify that state of such arrangements.

(2) Where a proceeding relating to a criminal matter
has commenced in a relevant foreign state and-

(U) that state requests the attendance at a hearing in
connection with the proceeding of a person (other
than an inmate) who is in Jamaica;

24 MUTUAL ASSISTANCE (CRIMINAL MATTERS)

(b) there are reasonable grounds for believing that the
person is capable of giving evidence relevant to
the proceeding; and

(c) the Central Authority is satisfied that-
li) the person has consented to giving evidence

in the relevant foreign state; and
(ii) that state has given adequate undertakings

in respect of the matters referred to in sub-
section (3),

the Central Authority may, in its discretion, make arrange-
ments for the person to travel to the relevant foreign state
and shall notify that state of such arrangements.

(3) The matters in relation to which undertakings
are to be given by a relevant foreign state for the purpose
of a request under this section are as follows-

(U) the person shall not-
(i) be detained, prosecuted or punished for

any offence against the law of the rele-
vant foreign state that is alleged to have
been mmitted, or that was committed,
before the person’s departure from Jamaica;

(ii) be subjected to any civil suit in respect of
any act or omission of the person that j s
alleged to have occurred or that occurred
before the person’s departure from Jamaica,
being a civil suit to which the person could
not be subjected if the person were not
in the relevant foreign state; or

(iii) be required to give evidence in any pro-
ceeding in the relevant foreign state other
than a proceeding to which the request
relates,

unless the person has voluntarily returned to the

lIbeiaclualon d this pagcir - ’ by L.N. 95/1997l

MUTUAL ASSISTANCE (CRIMINAL MATTERS)

relevant foreign state after having left it or has
had the opportunity of so leaving and has r e
mained in that state otherwise than for the pur-
pose of giving evidence in the proceedings to
which the request relates;

(6) any evidence given by the person in the pro-
ceeding to which the request relates will not,
without the prior consent of the Central Authority,
be used for any purposes other than those stated
in the request, so, however, that this restriction
shall not apply to the prosecution of the person
for the offence of perjury in relation to the
giving of that evidence;

(c) the person will be returned to Jamaica in
accordance with arrangements agreed between the
Central Authority and the relevant foreign state;

(4 in a case where the person is an inmate in Jamaica
and the Central Authority requests the relevant
foreign state to make arrangements for the keeping
of the person in custody while the person is in
that state-

(i) appropriate arrangements will be made for
that purpose;

(ii) the person will not be released from
custody in the relevant foreign state unless
the Central Authority notifies the appro-
priate authority of that state that the person
is entitled to be released from custody
under Jamaican law; and

(iii) if the person is released in the relevant
foreign state as mentioned in sub-paragraph
W, the person’s accommodation and ex-
penses pending the completion of the
proceeding in question will be paid for by
the relevant foreign state; and

-- - _ _ ~~ _ _ _ ~ .
f h b l u d o n Oi this p s g s i a auhorizcd by L.N. 95/19933

25

16 MUTUAL ASSISTANCE (CRIMINAL MATTERS)

(e) such other matters (if any) as the Central Authority
thinks appropriate including, in the case of an
inmate, an undertaking that the inmate will be
released from custody at the time when the
Central Authority advises the relevant foreign
state that the person is entitled under Janiaican
law to be so released.

Rspucstsfoor
B s s I S T B m
reinvestiga- matter has commenced in a relevant foreign state and-
tioos in
relevant
€0-
rtata

26.--(1) Where an investigation relating to a criminal

(a) that state requests the removal of an inmate to the
relevant foreign state for the purpose of giving
assistance in relation to the investigation;

(b) there are reasonable grounds for believing that the
inmate is capable of giving such assistance; and

(c) the Central Authority is satisfied that-
(i) the inmate has consented to being removed

to the relevant foreign state for the pur-
pose of giving such assistance as aforesaid;
and

(ii) the relevant foreign state has given ade-
quate undertakings in respect of the matters
referred to in subsection (3),

the Central Authority may, in its discretion, make arrange-
ments for the inmate’s travel to the relevant foreign state
in the custody of a police officer or correctional officer
designated by the Central Authority for the purpose and
shall notify that state of such arrangements.

(2) Where an investigation relating to a criminal
matter has commenced in a relevant foreign state and-

(U) that state requests that a person (other than an in-
mate) who is in Jamaica travel to the relevant
foreign state to give assistance in relation to the
investigation;

~ i n c l u d c m ofthis page in a d o r i d byL.N. 9511997l

MUTUAL ASSISTANCE (CRIMINAL MATTERS)

(b) there are reasonable grounds for believing that the
person is capable of giving such assistance; and

(c) the Central Authority is satisfied that-
(i) the person has consented to travel to the

relevant foreign state for the purpose of
giving such assistance; and

(ii) the relevant foreign state has given ade-
quate undertakings in respect of the matters
referred to in subsection (31,

the Central Authority may, in its discretion, make arrange-
ments for the person’s travel to the relevant foreign state.

(3) The matters in relation to which undertakings are
to be given by a relevant foreign state for the purpose of
a request that a person be removed to, or travel to, that
state for the purpose of giving assistance in relation to an
investigation are-

(a) that the person shall not-
(i) be detained, prosecuted or punished for

any offence against the law of the relevant
foreign state that is alleged to have been
committed, or that was committed, before
the person’s departure from Jamaica; or

(ii) be subjected to any civil suit in respect of
any act or omission of the person that is
alleged to have occurred or that occurred
before the person’s departure from Jamaica,
being a civil suit to which the person could
not be subjected if the person were not in
the relevant foreign state.

unless the person has voluntarily returned to the
relevant foreign state after having left it or has
had the opportunity of leaving that state and has
remained in that state otherwise than for the pur-

~iaehrsionofthispagsisaufhmized byL.N. 95/19973

n

MUTUAL ASSISTANCE (CRIMINAL MATTERS)

pose of giving assistance in relation to the investi-
gation to which the request relates;

(b) that the person will be returned to Jamaica in
accordance with arrangements agreed between
the Central Authority and the relevant foreign
statq

(c) that, in a case where the person is an inmate in
Jamaica and the Central Authority requests the
relevant foreign state to make arrangements for
the keeping of the inmate in custody while the
inmate is in the relevant foreign state-

(i) appropriate arrangements will be made for
that purpose;

(ii) the person will not be released from
custody in the relevant foreign state unless
the Central Authority notifies the appro-
priate authority of the relevant foreign state
that the person is entitled to be released
from custody under Jamaican law; and

(iii) if the person is released in the relevant
foreign state as mentioned in sub-paragraph
(ii), the person’s accommodation and ex-
penses pending the completion of the in-
vestigation to which the request relates will
be paid for by the relevant foreign state;
and

(d) such other matters (if any) as the Central Authority
thinks appropriate including, in the case of an in-
mate, an undertaking that the inmate will be
released from custody at the time when the Central
Authority advises the relevant foreign state that
the person is entitled under Jamaican law to be
so released.

mhbmkm dtMa iP anibmhd by LN. 9511997l

MUTUAL ASSISTANCE (CRIMNAL UA TTERS) 2 9

27.41) Where a relevant foreign state requests the Cen- Request by
tbreigii tral Authority to make arrangements for the enforcement statef for

of- enforce-
ment aid

(a) a foreign forfeiture order against tainted property that :rye:f
is believed to be located in Jamaica; or

(b) a foreign pecuniary penalty order, where some or
all of the property available to satisfy the order is
believed to be located in Jamaica,

and the Central Authority is satisfied that-

(c) a person has been convicted of an offence to which
the foreign forfeiture order or foreign pecuniary
penalty order relates, being an offence in respect of
which, if it had been committed in Jamaica, a for-
feiture order or pecuniary penalty order could be
made by a court in Jamaica; and

(d) the conviction and the order are not subject to
further appeal in the relevant foreign state,

the Central Authority may, in its discretion, apply for the
registration of the order in the Supreme Court.

(2) Where a relevant foreign state requests the Central
Authority to make arrangements for the enforcement of a
foreign restraint order, made in respect of a criminal offence
against property that is believed to be located in Jamaica, the
Central Authority may, in 'its discretion, apply for the
registration of the order in the Supreme Court.

(3) Where the Central Authority applies to the Supreme
Court for registration of a foreign order in accordance with this
section, the Court may register the order accordingly if it is
satisfied that the circumstances so warrant.

(4) A foreign forfeiture order, foreign pecuniary
penalty order or foreign restraint order registered in the
Supreme Court in accordance with this section has effect,

[The inclusion of this page is authorized by LN. llROlO I

MUTUAL ASSISTANCE (CRIMINAL MATTERS)

and may be enforced, as if it were a forfeiture order, pecu-
niary penalty order or restraint order made by a court in Jamaica
in respect of a prescribed offence.

(5) The Central Authority may, in its discretion, apply to
the Supreme Court for cancellation of the registration of a
foreign forfeiture order, foreign pecuniary penalty order or
foreign restraint order, as the case may be.

(6) Without prejudice to the generality of sub-
section (9, the Central Authority may make an application
under that subsection if the Central Authority is satisfied
that-

(a) the order to which the application relates has ceased to
have effect in the relevant foreign state in which that
order was made;

(b) cancellation of the registration of the order is
appropriate having regard to the arrangements
entered into between Jamaica ' ahd the relevant
foreign state in relation to the enforcement of orders of
that kind.

(7) Where the Central Authority applies to the Supreme
Court for cancellation of the registration of an order referred to
in subsection (3, the Court shall, if satisfied as to the matters
specified in paragraphs (a) and (b) of subsection (6), cancel the
registration accordingly.

(8) Upon a request by a foreign state the Central
Authority may in its discretion and on behalf of that state-

(a) apply to the Supreme Court for a forfeiture order or
pecuniary penalty order under the Proceeds of Crime
Act in relation to property that is believed to be located
in Jamaica; and

(b) make arrangements for the enforcement of any order so
made.

[The inclusion of this page is authorized by L.N. lllZO1O I

MUTUAL ASSISTANCE (CRIMINAL MATTERS) 31

28.-(1) Where a criminal proceeding or criminal inves- by
tigation has commenced in a foreign state in respect of a gmcfar

marrants prescribed offence and- for searrt,
and &

of tainted
(a) the Central Authority has reasonable grounds for in-

believing that tainted property in relation to the ppsrby.
offence is located in Jamaica; and

(b) the foreign state requests the Central Authority
to obtain the issue of a search warrant in relation
to the tainted property,

the Central Authority may, in its discretion, authorize a
police oficer to apply to a Resident Magistrate for the
search warrant so requested.

(2) A Resident Magistrate may, on an application
made under this section, issue a warrant authorizing a police
officer named in the warrant, with such assistance and by
such force as is necessary and reasonable to-

(a) enter upon the premises specified in the warrant;
(b) search the premises for tainted property;
(c) seize property found in the course of the search

that the police officer believes, on reasonable
grounds, to be tainted property.

(3) A warrant issued under this section shall in-

(a) a statement of the purpose for which the warrant is
issued, and a reference to the nature of the pre-
scribed offence;

(b) description of the kind of property to be seized;
(c) a time, not being later than twentyeight days after

the issue thereof, upon the expiration of which the
warrant ceases to have effect; and

(d) a statement as to whether entry is authorized to be
made at any time of the day or night or during
specified hours of the day or night.

dud-

32 MUTUAL ASSISTANCE (CRIMINAL MATTERS)

(4) A police officer who executes a warrant issued

(a) detain the property seized, taking reasonable care
to ensure that it is preserved so that it may be dealt
with in accordance with this Act;

(b) upon the execution of the warrant, prepare a list of
the property seized and give a copy thereof to the
owner or occupier of the premises who is present
at the time of the seizure; and

(c) as soon as is practicable after the execution of the
warrant, but within a period of seventy-two hours
thereafter, prepare a written report identifying the
property s e k d and the location where the property
is being detained and send a copy of the report to
the Clerk of Courts in that location.

(5) The Clerk of Courts referred to in subsection (4)

(a) the person from whom the property was seized;
(b) any other person who appears to the Clerk of

Courts to have an interest in the property.
(6) Where property is seized under this section

otherwise than because it may afford evidence as to the
commission of a prescribed offence, any person who claims
an interest in the property may apply to the Resident Magis-
trate who issued the search warrant for an order that the
property be returned to that person.

(7) Where an application is made under subsection
(6), the Resident Magiswate referred to in that subsection
shall order the return of the property to the applicant if the
Resident Magistrate is satisfied that-

(a) the applicant is entitled to possession of the
property;

(b) the property is not tainted property in relation to
p%lndndmofthia@ageb sIdlOrizsd't7L.N. 95l1997l

under this section shall-

(c) shall furnish a copy of the report tcr-

MUTUAL ASSISTANCE (CRIMINAL MATTERS)

the prescribed offence referred to in the warrant;
and

(c) the person in r a p t of whose conviction, charging
or proposed charging the seizure was made, has no
interest in the property.

33

29.-(1) Where a criminal proceeding has commenced in RDquestby
foreim
state for
ratraiot

a foreign state in r a w t of a prescribed offence and-
(U) the Central Authority has reasonable grounds to order.

bedieve that property that may be made the subject
of a foreign restraint order is located in Janiaica
being property which-

( i is liable to forfeiture under the law of the
foreign &at% and

0 would be liable to forfeiture under the law
of Jamaica had the offence been committed
in Jamaica; and

(b) the foreign state requests the Central Authority to
obtain the issue of a restraint order against the
praperty,

the Central Authority may, in its discretion, apply to the
Supreme Court for the issue of the restraint order requested
by the relevant foreign state and the Supreme Court may,
subject to subsection (2), issue the order if it is satisfied,
having regard to the information specified in the request,
that the order should be so issued.

(2) Before issuing a restraint order under this
section the Supreme Court may require notice to be given to,
and may hear, any person who, in the opinion of the Court,
appears to have an interest in the property unless the Court
is of the opinion that giving such notioe before making the
order would result in the disappearance, dissipation or re-
duction in the value of the property.

34 MUTUAL ASSISTANCE (CRIMINAL MATTERS)

(3) A copy of a restraint order issued under this
section shaH be served on a person affected by the order in
such manner as the Court directs or as may be prescribed
by rules of Court.

(4) A copy of a restraint order issued under this
section which affects registered land in Jamaica shall be
registered with the Registrar of the Supreme Court and with
the Registrar of Titles who shall record the particulars of
the order in the Register Book of Titles.

( 5 ) A restraint order issued under this section is of
no effect with respect to registered land unless it is so regis-
tered.

(6) Where particulars of a restraint order are regis-
tered as required by this seation, a person who subsequently
deals with the property concerned hail be deemed to have
notice of the order at the time of the dealing.

m d 30.-(1) Where a foreign state requests the h t r a l
Authority to arrange for the service in Jamaica of a process
relating to a criminal matter in the relevant foreign state,
the Cen'tral Authority may, in its discretion and subjeot to
subsection (3), arrange for the service of the process.

(2) Service of such proms may be proved by afli-
davit of the person who served it.

(3) The Central Authority may refuse to execute a
request for the service of any process-

(a) which requires the attendance of a person before a
court or tribunal in the relevant foreign state; or

(b) in relation to which, under the law of the relevant
foreign state, there is a penalty or other criminal
sanction for noncompliance with the require-
ments of such document.

doEummtr.

- - me inclusion of this page is authorized by L.N. 951 19911

31.-(1) The Minister may, by order, designate a Com- \ppl~c.itlon
monwealth country as a designated Commonwealth state fur the ~ ~ ~ ~ ~ ~ ~ l c l , , \
purpose of this Act, subject to such exceptions, adaptations or 0tt111\ i ~ t
modifications as are specified in the order to lorc~gl \fdtS

(2) Where any relevant treaty has been made with
any foreign state, the Minister may, by order, declare that
the provisions of this Act shall apply in respect of such
foreign state, subject to such exceptions, adaptations or
modifications, as the Minister, having due regard to the
terms of such treaty, may deem expedient to specify in the
order for the purposes of implementing such terms.

(3) The Minister may from time to time, by order,
compile and publish in the Gazette a list of foreign states
with which relevant treaties binding on Jamaica are in force;
and, without prejudice to any other form of proof of the
existence of such a treaty, such a list shall, in any proceedings,
be conclusive evidence that a relevant treaty is in force between
Jamaica and each foreign state named in the list.

(4) An order made under this section shall be subject to
affirmative resolution.

32. Subject to section 33, the Minister may make regulations Regulations.
generally for giving effect to the purposes and provisions of this
Act.

33. Rules of Court may be made dealing generally with R U I C S O ~
all matters of practice and procedure in proceedings under Court.

this Act.

34. The Evidence by Commission Act, 1859 (of the United Repeals(for
Kingdom) and the Foreign Tribunals Act, 1856 (of the Ern:'.
United Kingdom) shall cease to have effect in Jamaica after c . z o , i g
the 14th day of July, 1 995. and 20 Vict. C.

113.
lThe lncluslon of this page is authorized by L.N. lllOAl20061

MUTUAL ASSISTANCE (CRIMINAL M A TTEM)

FIRST SCHEDULE (Section 15 (4) )

Particulars to be included in request by a.foreign state

1. General Requirements
(1) Every request for assistance shall specify--

(a ) the nature of the assistance requested;
(h) the agency or authority initiating the request:
( c ) the time limit for compliance with the request:
(4 the subject-matter and nature of the investigation or i

proceeding and a summary of the relevant facts;
(e) the purpose for which the assistance is being sought; and
(f) in the case of a request by-

(i) Jamaica: or
(ii) a relevant foreign state.

details of the procedure that Jamaica or the relevant foreign
state. as the case may be. wishes to be followed in giving
effect to the request. including details of the manner and
form in which any information. document or thing is to be
supplied to Jamaica or the relevant foreign state. as the case
may be. pursuant to the request.

(2) Where criminal proceedings have been instituted. every request
for assistance shall specie-

((7) the court exercising jurisdiction in the proceedings or any
other law enforcement agency or authority conducting
such proceedings:

(h) the identity of the accused person unless prohibited by the
law of the relevant foreign state:

(c) the offences to which the request relates and a summary of
the relevant facts:

(4 the stage reached in the proceedings and dates fixed for
further stages.

(3) Where criminal proceedings have not been instituted. even
request for assistance shall specify the offence which is believed
by-.

(,a) the Central Authority. in the case of a request by
Jamaica: or

(h) the appropriate authority of the relevant foreign state.
to hare been committed or to be likely to be committed.

2. Requests,fbr ident~ficntion und location (? fpersons and objects

E\.en such request shall contain such information as is available to the
rele~ant foreign state in respect of the identification and whereabouts of
the person or object concenlcd.

lThe inclusion of this page is authorized by L.N. 180.4/2006]

MVTUA L ASSISTANCE (CRIMINAL MATTERS) 37

3. Requesls reluring to the exumination and taking of testimony of
witnesses and prnducrioti of documenis

Every such request shdl specify-
(U) the names and addresses of official designations uf

witnesses:
(b) the subjectmatter in relation to which witnesses are to

be examined;
(c) the questions to be put to witnesses;
(d) the manner in which any testimony is tu he taken and

recorded;
(e) whether it is desired that witnesses give evidence on oath

or on affirmation;
U) any provisions of the law of-

(i) Jamaica, in the case of a request hy Jamaica; or
(ii) the relevant foreign state, in the case of a request

by that state,
relating to privilege or exemption from giving evidence,
which, in the opinion of the Central Authority or, as
the case may be, the appropnute authority of the relevant
foreign state, is relevant to the request:

(g) such special requirements of the law of-
(i) Jamaica, in the case of a request by Jamaica; or
(ii) t h e ' d e v a n t foreign state, in the Case o! a

in relatim .to the manner of taking evidence as may be
relevant to its admissibility in Jamaica or the relevant
foreign state. as the case may be.

request by that state,

4. Requesf fm fucilifaiinp the appearonce of witnesses in Jurnaica or
the relevant fureigs dale
Every such request shall specify-

CO) the subjec t -mar in relation to which the witness is to
be examiaed:

(bbj the reasoa~ for which the appearance of the witness is
required and the impwtance of such appearance;

(c) details as to thc kinds and amounts of allowances and
expenses payable in respect of t h e appearance of the
witness in Jamaica or the relevant foreign state, as the
caee may be.

'.

~ ~ ~~ ~. ~- -- -~ _ _ _ _ _ ~ ~ .~ ~~. -.-I__.
~~~

hChlden d l b i 8 Fads is luaharizcd by LN. 9.51 199n

38 MUTUAL ASSlSTANCE (CRIMINAL MATTERS)

5. Requests for the transfer of p€rsom in nrsfody fm tu l idd
purposes
Every SU& wmt shall m-

(a) the subject-matter in rehtion to which the wltncss is to
be examined;

(b) the reawns for which the transfer of the pason behg
sought and the importance of such transfer.

6 . Requests for search and s e i w e
Every such request shall contab-

(a) a precise description of the &we 1~ be .searched and
t h ins to be seized:

(b ) all such infomtion as is available to-
(i) the Central Authority m the case of a request

(ii) the relevant foreign state in the OB)C of a

which is required to be adduced under the law d the
relevant foreign M e OT the law of Jamajca. as the
case may be, for an necessary warrant or authonvltion

(c) a description of any partidar procedure to be followed

by Jamaica; or

reqw by thas rttcte,

of the w i n g (rut o r the search and seinae;
in executing the request.

7 . Request for production of judicial 01 o&ial records
Every such request shall contain a description of the nrxMdl to he
p r o d U C e d .

8 . RequesIs fa service of dawnenrs
Every such request shall contain a stazemeni of any pnrticular
method of service desired.

9. Requests for enforcement of foreign forfetwe orders or forrign
pecuniary penalty order
Every such request shal l contain-

(a) a description of tbc &er to be cnlorcad;
(6) a description of the property, located in Jamaica, to

which the order dates;
(c) paFticulars of the offence. to which the order relates uul

the date of the umviction in the foreign state;
(d) information as to whether the conviction or ordcr

is subject to any further appeal in the furcign state.

me inclusion of this page is adunized by L.N. 95/1997l

MlJT1 JA I, ASSISTA A'CE (CRIMINAL M Z'TEW')

10. Requests,fi~r issue ifres~airi t order

Every such request shall contain-

(a) a description and the location of the propert? to be
restrained:

( h ) particulars of the offence which is the subject-matter of
the criminal proceeding in the foreign state:

(c) whether any person has been charged with, or convicted
of. the offence and whether an appeal has been
lodged against the conviction:

(4 the name and address of the person who is believed to
be in possession of the property:

(e) the grounds for believing that the property should be
made the subject of a restraint order:

V) the grounds for believing that a person charged with,
or convicted of. the offence derived a benefit directly
or indirectly from the commission of the offence:

(g) the grounds for believing that the property in question
is subject to the effective control of the person charged
with. or convicted of. the offence.

SECOND SCHEDULE (Section 2) i m o o s
2nd Sch.

1. The Convention on the Prevention and Fknishment of Crimes Against
Internationally Protected Persons, including Diplomatic Agents, adopted by the
General Assembly of the United Nations on December 14, 1973.

2. The International Convention Against the Taking of Hostages, adopted
by the General Assembly of the United Nations on December 17,1979.

3. The International Convention for the Suppression of Temrist Financing,
adopted by the General Assembly of the United Nations on December 9, 1999.

4. The Convention on the Physical Protection of Nuclear Material, adopted
at Vienna on October 26,1979.

5, The Convention for the Suppression of Unlawfid Acts Against the Safety
of Maritime Navigation and the Protocol for the Suppression of Unlawhl Acts
Against the Safety of Fixed Platforms Located on the Continental Shelf, done
at Rome on March 10,1988.

6. The International Convention for the Suppression of Terrorist Bombings,
adopted by the General Assembly of the United Nations on December 15,1997.

7. The Convention for the Suppression of Unlawhl Seizure of Aircraft,
signed at the Hague on December 16, 1970.

8. The Convention for the Suppression of Unlawhl Acts against the Safety
of Civil Aviation, signed at Montreal on September 23, 1971, and the Protocol
to that Convention, done at Montreal on February 24,1988.

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[The inclusion of this page is authorized by L.N. 180AI2006j

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