Mutual Assistance in Criminal Matters
Act
39 of 1997
Amended by
7 of 2001
14 of 2004
*26 of 2005 (By implication)
*See Note on page 2
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–73 ..
LAWS OF TRINIDAD AND TOBAGO
MUTUAL ASSISTANCE IN CRIMINAL
MATTERS ACT
CHAPTER 11:24
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Index of Subsidiary Legislation
Page
Mutual Assistance (Agreement between Trinidad and Tobago and Canada)
Order (LN 41/2003) … … … … 45
Mutual Assistance (Agreement between Trinidad and Tobago and the United
States of America) Order (LN 46/2003) … … … 55
Mutual Assistance (Agreement between Trinidad and Tobago and the United
Kingdom) Order (LN 53/2003) … … … … 65
Note on Act No. 26 of 2005
See section 30 of Act No. 26 of 2005 which would enable a treaty to which Trinidad and
Tobago is Party to be used as the basis for mutual legal assistance in criminal matters in
respect of offences falling within the scope of that treaty.
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CHAPTER 11:24
MUTUAL ASSISTANCE IN CRIMINAL
MATTERS ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Central Authority for Trinidad and Tobago.
4. Application of Act.
5. Act not to derogate from other forms of co-operation.
6. Act not to authorise extradition.
PART II
REQUESTS BY TRINIDAD AND TOBAGO TO
COMMONWEALTH COUNTRIES FOR ASSISTANCE
7. Assistance in obtaining evidence.
8. Assistance in locating or identifying person.
9. Assistance in obtaining article or thing, by search and seizure.
10. Assistance in arranging attendance of person.
11. Safe conduct.
12. Assistance in securing transfer of prisoner to Trinidad and Tobago.
13. Assistance in securing transfer of prisoner from Trinidad and Tobago.
14. Assistance in serving documents.
15. Transmission and return of document.
16. Restriction on use of evidence, etc.
17. Immunities and privileges.
18. Assistance in tracing property, etc.
19. Assistance in relation to certain orders.
20. Assistance in obtaining restraining order.
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ARRANGEMENT OF SECTIONS—Continued
SECTION
PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO
TRINIDAD AND TOBAGO FOR ASSISTANCE
21. Form of request.
22. Acceptance or refusal of request, etc.
23. Assistance to country in obtaining evidence.
24. Assistance to country in locating or identifying person.
25. Assistance to country in obtaining article or thing, by search and
seizure.
26. Assistance to country in arranging attendance of person.
27. Assistance to country in securing transfer of prisoner.
28. Assistance to country in serving documents.
29. Assistance to country in tracing property, etc.
30. Assistance to country in relation to certain orders.
31. Assistance to country in obtaining restraining order.
PART IV
APPLICATION OF ACT TO COUNTRIES OTHER
THAN COMMONWEALTH COUNTRIES
32. Interpretation for purposes of Part IV.
33. Implementation of treaty.
PART V
CRIMINAL PROCEEDINGS AND INVESTIGATIONS
MUTUAL SERVICE OF PROCESS
33A. Service of overseas process in Trinidad and Tobago.
33B. Service of process issued in Trinidad and Tobago overseas.
MUTUAL PROVISION OF EVIDENCE
33C. Overseas evidence for use in Trinidad and Tobago.
33D. Trinidad and Tobago evidence for use overseas.
33E. Form of testimony.
33F. Admission of foreign evidence.
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sectIon
supplementary
33G. Rules of Court.
33H. Application to proceedings involving defence personnel.
part VI
mIscellaneous
34. Certificate given by the Attorney General.
35. Proof.
36. Transit.
37. Escaping.
38. Arrest of person who has escaped from custody.
39. Regulations.
40. Coming into force of Treaties.
fIrst scHeDule—(Request for Assistance made by Commonwealth
Countries)
seconD scHeDule—(Omitted)
tHIrD scHeDule—(Trinidad and Tobago Evidence for Use Overseas)
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39 of 1997.
Commencement.
51/1999.
Short title.
Interpretation.
[14 of 2004].
Ch. 14:01.
CHAPTER 11:24
MUTUAL ASSISTANCE IN CRIMINAL
MATTERS ACT
An Act to make provision with respect to the Scheme
relating to Mutual Assistance in Criminal Matters
within the Commonwealth and to facilitate its operation
in Trinidad and Tobago and to make provision
concerning mutual assistance in criminal matters
between Trinidad and Tobago and countries other than
Commonwealth countries.
[2ND APRIL 1999]
PART I
PRELIMINARY
1. This Act may be cited as the Mutual Assistance in
Criminal Matters Act.
2. (1) In this Act—
“Central Authority” means the person or authority designated as
the Central Authority for Trinidad and Tobago in pursuance
of section 3;
“central authority”, in relation to any Commonwealth country
means the person or authority designated by that country for
the purpose of transmitting and receiving requests for
assistance under the Scheme;
“civil offence” has the same meaning assigned to it in
section 78(2) of the Defence Act;
“Commonwealth country” means a sovereign and independent
country within the Commonwealth, other than Trinidad and
Tobago, together with any dependent territory which that
country designates;
“criminal proceedings” means—
(a) for the purposes of Part II, proceedings, including
restraint, confiscation and forfeiture proceedings
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Ch. 11:25.
certified by the Central Authority to be criminal
proceedings which have been instituted or in
which investigations have commenced in
Trinidad and Tobago; or
(b) for the purposes of Part III, proceedings,
including restraint, confiscation and forfeiture
proceedings, certified by the central authority
for any Commonwealth country making a
request for assistance under this Act to be
criminal proceedings which have been instituted
or in which investigations have commenced in
that country,
in respect of an offence committed, or suspected on
reasonable grounds to have been committed, against the
laws of Trinidad and Tobago or, as the case may be, of the
Commonwealth country making the request for assistance;
“dangerous drug” has the same meaning assigned to it in
section 3(1) of the Dangerous Drugs Act;
“judicial records” means judgments, orders and decisions of
Courts, and other records held by judicial authorities;
“oath” includes affirmation or declaration;
“official records” means documents held by government
departments or agencies or prosecution authorities;
“property” means any movable or immovable property,
and includes—
(a) any right, interest, title, claim, chose in action,
power, privilege, whether present or future and
whether vested or contingent, in relation to any
property, or which is otherwise of value;
(b) any conveyance executed for conveying,
assigning, appointing, surrendering or otherwise
transferring or disposing of immovable property
whereof the person executing the conveyance is
proprietor or possessed or wherein he is entitled
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Ch. 4:01.
to a contingent right, either for his whole
interest or for any lesser interest;
(c) any monetary instrument;
(d) any other instrument or securities;
(e) any business; and
(f) any other tangible or intangible property;
“Rules Committee” has the same meaning assigned to it in
section 77 of the Supreme Court of Judicature Act;
“Scheme” means the Scheme for Mutual Assistance in Criminal
Matters within the Commonwealth as agreed by Law
Ministers at their 1986 Meeting in Harare and endorsed by
the Commonwealth Heads of Government at their 1987
Meeting in Vancouver and any amendment thereof;
“serious offence” means—
(a) in relation to Trinidad and Tobago, an offence
against the laws of Trinidad and Tobago for
which a sentence of death, or imprisonment for
a minimum term of not less than one year, may
be, or is required to be, imposed; or
(b) in relation to a Commonwealth country, an
offence against the laws of the country—
(i) for which a sentence such as is specified
in paragraph (a) may be, or is required to
be, imposed; or
(ii) the value of the property derived or
obtained from the commission of which is
certified by the central authority for the
country to be not less than such amount
as is prescribed by or under the law of
that country;
“transmitted”, in relation to a request, means—
(a) in Part II, transmitted by the Central Authority
to the central authority for the Commonwealth
country from which assistance is requested; or
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(b) in Part III, transmitted by the central authority
for the Commonwealth country, making a
request for assistance, to the Central Authority.
(2) A reference in this Act to the laws of a Commonwealth
country means the laws in force in that country or a part thereof.
(3) For the purposes of this Act, a ship or aircraft of, or
registered in a Commonwealth country shall be deemed to be part
of that country.
(4) For the purposes of this Act, a person shall be
deemed to have been charged with a serious offence in Trinidad
and Tobago or, as the case may be, in a Commonwealth country,
if any information has been laid against the person for the offence
whether or not—
(a) a summons to require the attendance of the
person to answer to the information; or
(b) a warrant for the apprehension of the person,
has been issued.
3. (1) Subject to subsection (2), the Attorney General shall
be the Central Authority.
(2) The Attorney General may delegate any of his
functions under this Act to any public officer or legal officer
employed in the Ministry of the Attorney General and Legal Affairs.
(3) Nothing in this section shall be construed as
delegating to the officer referred to in subsection (2), a power to
make Regulations under section 39.
4. The Attorney General may, by Order, direct that the
application of this Act in relation to a particular Commonwealth
country shall be subject to such conditions, exceptions or
qualifications as are specified in the Order, and in that event this
Act shall apply accordingly.
5. Nothing in this Act derogates from existing forms of
co-operation or prevents the development of other forms of
Central
Authority for
Trinidad and
Tobago.
[7 of 2001].
Application
of Act.
Act not to
derogate from
other forms of
co-operation.
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co-operation, whether formal or informal, in respect of criminal
matters between Trinidad and Tobago or any enforcement
agencies or prosecuting authorities in Trinidad and Tobago and
the International Criminal Police Organisation or any such
agencies or authorities outside of Trinidad and Tobago.
6. Nothing in this Act authorises the extradition, or the
arrest or detention of any person for the purpose of extradition.
PART II
REQUESTS BY TRINIDAD AND TOBAGO TO
COMMONWEALTH COUNTRIES FOR ASSISTANCE
7. Where there are reasonable grounds to believe that
evidence or information relevant to any criminal proceedings
may be obtained, if, in a Commonwealth country—
(a) evidence is taken from any person;
(b) information is provided;
(c) judicial records, official records or other
records, or documents or other articles are
produced or examined;
(d) samples of any matter or thing are taken,
examined or tested;
(e) any building, place or thing is viewed
or photographed,
a request may be transmitted requesting that assistance be given
by that country in so obtaining the evidence or information.
8. Where there are reasonable grounds to believe that a
person who—
(a) is or might be concerned in or affected by; or
(b) could give or provide evidence or assistance
relevant to,
any criminal proceedings, is in a Commonwealth country, a
request may be transmitted requesting that assistance be given by
that country in locating that person or, if his identity is unknown,
in identifying and locating him.
Act not to
authorise
extradition.
Assistance in
obtaining
evidence.
Assistance in
locating or
identifying
person.
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9. Where there are reasonable grounds to believe that an
article or thing is in a Commonwealth country and would, if
produced, be relevant to any criminal proceedings, a request may be
transmitted requesting that assistance be given by that country in
obtaining, by search and seizure, if necessary, the article or thing.
10. Where there are reasonable grounds to believe that a person
in a Commonwealth country could give or provide evidence or
assistance relevant to any criminal proceedings, a request may be
transmitted requesting that assistance be given by that country in
arranging the attendance of the person in Trinidad and Tobago to
give or provide such evidence or assistance but such attendance
may be secured only with the signed consent of that person.
11. (1) The appearance in or transfer to Trinidad and Tobago
of a person referred to in section 10 shall require, if the person or
the Commonwealth country so requests prior to such appearance
or transfer, that Trinidad and Tobago grant safe conduct under
which the person, while in Trinidad and Tobago, shall not—
(a) be detained or prosecuted for offences
committed prior to his departure from the
Commonwealth country;
(b) be required to make a statement or to give
testimony in proceedings not specified in the
request; or
(c) be detained or prosecuted on the basis of any
statement he makes, except in case of contempt
of Court or perjury.
(2) The safe conduct specified in subsection (1) shall cease
if the person voluntarily prolongs his stay in Trinidad and Tobago for
more than ten days after his presence is no longer necessary as
communicated to him and the Commonwealth country.
12. (1) Where there are reasonable grounds to believe that a
person who is a prisoner in a Commonwealth country could give
or provide evidence or assistance relevant to any criminal
proceedings, a request may be transmitted requesting that
Assistance in
obtaining article
or thing, by
search and
seizure.
Assistance in
arranging
attendance
of person.
Safe conduct.
Assistance in
securing transfer
of prisoner to
Trinidad and
Tobago.
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Assistance in
securing transfer
of prisoner from
Trinidad and
Tobago.
country to transfer the prisoner to Trinidad and Tobago to give or
provide such evidence or assistance.
(2) The Central Authority shall ensure that any
conditions, subject to which a prisoner is transferred from any
Commonwealth country pursuant to a request under subsection (1),
are observed, unless and to the extent that that country or the
person waives their observance.
(3) A request under subsection (1) shall specify—
(a) the subject matter upon which it is desired to
examine the prisoner; and
(b) the reasons for which the personal appearance
of the prisoner is required.
(4) Where any conditions require that a prisoner be kept
in custody while in Trinidad and Tobago, the prisoner shall, while
in Trinidad and Tobago or travelling to or from Trinidad and
Tobago pursuant to the request, be kept in such custody as the
Attorney General directs in writing and shall be returned when
his presence as a witness in Trinidad and Tobago is no longer
required even if the prisoner is a national of Trinidad and Tobago.
(5) Nothing in this section shall preclude the release in
Trinidad and Tobago without return to the Commonwealth
country of any person transferred where the two countries and the
person concerned agree.
(6) Nothing in this section shall be construed as
conferring any rights on a prisoner.
(7) In this section, “prisoner”, in relation to a
Commonwealth country means a person who is being held in
custody pending trial or is under a sentence of imprisonment or
death for an offence against the laws of that country or is subject
to any limitation on his personal liberty pursuant to such laws.
13. (1) Where there are reasonable grounds to believe that a
person who is a prisoner in Trinidad and Tobago could give or
provide evidence or assistance relevant to any criminal proceedings
in a Commonwealth country, a request may be entertained by the
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Central Authority to transfer the prisoner to the Commonwealth
country to give or provide such evidence or assistance.
(2) The Central Authority shall refuse to comply with a
request for the transfer of a person in custody if he does not
consent in writing to the transfer.
(3) The Central Authority may refuse to comply with a
request for the transfer of a person in custody and shall be under
no obligation to inform the requesting country of the reasons for
such refusal.
(4) A person in custody whose transfer is the subject of
a request under this section and who does not consent to the
transfer shall not by reason thereof be liable to any penalty or
measure of compulsion in Trinidad and Tobago.
(5) Where a person in custody is transferred, the
Commonwealth country to which he is transferred shall notify
the Central Authority of—
(a) the date upon which he is due under the law of
the Commonwealth country to be released from
custody; and
(b) the date by which the Commonwealth country
requires his return.
(6) The period during which the person transferred is in
custody in the Commonwealth country is deemed to be service in
Trinidad and Tobago of an equivalent period of custody in
Trinidad and Tobago for all purposes.
14. Where, for the purpose of, or in connection with, any
criminal proceedings, it is necessary or desirable to serve any
document on a person or an authority in a Commonwealth
country, a request may be transmitted seeking the assistance of
that country in effecting such service.
15. (1) Where a request has been made under section 14, the
Central Authority—
(a) may, if the document is required in connection
with proceedings in Trinidad and Tobago,
Assistance in
serving
documents.
Transmission
and return of
document.
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postpone its transmission, and in such a case
shall provide the Commonwealth country with
certified copies of the document pending
transmission of the original;
(b) may require the Commonwealth country to
agree to terms and conditions to protect third
party interests in the document to be transmitted
and may refuse to transmit any such document
pending such agreement.
(2) The Central Authority shall authenticate all
documents transmitted under section 14.
16. Any—
(a) evidence or information obtained or, as the case
may be, given or provided, by any person pursuant
to a request made in section 7, 10, 12 or 14; or
(b) article or thing obtained pursuant to a request
made in section 9,
shall be used, by or on behalf of Trinidad and Tobago, only for
the purposes of, or in connection with, the criminal proceedings
to which the request relates, unless the Commonwealth country,
to which the request was made, consents to it being otherwise
used by or on behalf of Trinidad and Tobago.
17. (1) Subject to subsection (2), a person who is in Trinidad
and Tobago consequent upon a request made under section 10
or 12—
(a) is not liable to be detained, prosecuted or
punished in Trinidad and Tobago for any offence
that is alleged to have been committed or was
committed, before the person’s departure,
pursuant to the request, from the Commonwealth
country to which the request was made;
(b) may refuse to answer any questions or to
produce any record or thing if the refusal is
based on the law of Trinidad and Tobago; and
Restriction
on use of
evidence, etc.
Immunities and
privileges.
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(c) shall not be compelled to give or provide
evidence or assistance for the purposes of, or in
connection with any criminal proceedings other
than those to which the request relates.
(2) Subsection (1)(a) or (c) does not apply in relation to
a person—
(a) if he leaves Trinidad and Tobago and then
returns otherwise than pursuant to the same or
another request; or
(b) who has been notified by the Central Authority
that his presence is no longer required for the
purposes of the request and who then remains in
Trinidad and Tobago for more than ten days
after the first date on which he had a reasonable
opportunity to leave Trinidad and Tobago.
(3) For the purposes of subsection (1)(a), an offence shall
be treated as having been committed only on the date when the
conduct constituting the offence was complete, notwithstanding
that the offence concerned may be a continuing offence.
18. Where—
(a) a person has been charged with or convicted of
a serious offence or is suspected on reasonable
grounds of having committed such an offence in
Trinidad and Tobago; and
(b) property derived or obtained, directly or
indirectly, by that person from the commission of
such an offence is suspected on reasonable
grounds to be located in a Commonwealth country,
a request may be transmitted requesting that assistance be given
by that country in identifying, locating or assessing the value or
amount of such property.
19. (1) Where—
(a) in Trinidad and Tobago—
(i) an order has been made restraining dealings
with property which is, or is suspected on
Assistance in
tracing property,
etc.
Assistance in
relation to
certain orders.
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reasonable grounds of having been
derived or obtained, directly or indirectly,
from the commission of a serious offence;
(ii) a confiscation order or a forfeiture order
has been made confiscating or forfeiting
property derived or obtained, directly or
indirectly, by a person from the
commission of a serious offence;
(iii) a confiscation order has been made
imposing on a person a pecuniary penalty
calculated by reference to the value of
property or benefits derived or obtained
directly or indirectly by that person from
the commission of a serious offence; and
(b) property to which the restraining order would
apply, or which is available for the satisfaction
of the forfeiture or confiscation order or
pecuniary penalty imposed under the
confiscation order, is suspected on reasonable
grounds to be in a Commonwealth country,
then, subject to subsection (3), a request may be transmitted
requesting that the order concerned be enforced in accordance
with the laws of that country, and seeking the assistance of that
country to that end.
(2) In any case where a request to a Commonwealth
country under this section has been accepted, the Central
Authority shall inform the central authority for that country if the
confiscation order or forfeiture order or restraint order concerned
is thereafter varied or ceases to have effect.
(3) A request shall not be made under this section for
the enforcement of a confiscation order if the amount specified
in the order or the total value of property required to satisfy
the order or the pecuniary penalty under the order should be less
than twenty-five thousand dollars or such other amount as may
be prescribed.
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20. Where—
(a) in Trinidad and Tobago—
(i) a person has been charged with, or
convicted of, a serious offence; and
(ii) a confiscation order or a forfeiture order
has been, or is likely to be, made
confiscating or forfeiting the property or
benefits derived or obtained, directly or
indirectly, by that person from the
commission of the serious offence; and
(b) property or benefits so derived or obtained are
suspected, on reasonable grounds, to be in a
Commonwealth country,
a request may be transmitted requesting that an order be made, in
accordance with the law of that country, restraining dealings with
identified property or benefits.
PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO
TRINIDAD AND TOBAGO FOR ASSISTANCE
21. (1) Subject to subsection (2), a request for assistance
under this Act made by a Commonwealth country shall comply
with the conditions set out in the First Schedule.
(2) Subsection (1) does not apply to an informal request
for assistance under this Act where it is transmitted orally, but in
the event that such a request is accepted—
(a) it is required to be implemented only to the extent
that the Central Authority considers it reasonable;
(b) it is deemed to have been withdrawn if it is not
transmitted in writing within such period as the
Central Authority considers reasonable.
22. (1) Subject to this section, a request for assistance
under this Act duly made by a Commonwealth country shall
be accepted.
Assistance in
obtaining
restraining
order.
Form of request.
First Schedule.
Acceptance or
refusal of
request, etc.
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(2) Such a request shall be refused if, in the opinion of
the Central Authority—
(a) the request relates to the prosecution or
punishment of a person for an offence that is, or
is by reason of the circumstances in which it is
alleged to have been committed or was
committed, an offence of a political character;
(b) there are substantial grounds for believing that
the request has been made with a view to
prosecuting or punishing a person for an offence
of a political character;
(c) there are substantial grounds for believing that
the request was made for the purpose of
prosecuting, punishing or otherwise causing
prejudice to a person on account of the person’s
race, sex, religion, nationality, place of origin or
political opinions;
(d) the request relates to the prosecution or
punishment of a person in respect of conduct
that, had it occurred in Trinidad and Tobago,
would have constituted a criminal offence under
any law giving effect to a state of emergency, but
if the conduct alleged would have amounted to a
criminal offence under any other law of Trinidad
and Tobago, this paragraph shall not apply;
(e) the granting of the request would be contrary to
the Constitution of Trinidad and Tobago or the
sovereignty of Trinidad and Tobago, or would
prejudice the security, international relations or
any substantial interest related to national
security, public interest or other essential public
policy of Trinidad and Tobago;
(f) the request relates to conduct by a person that
constitutes an offence in respect of which the
person has already been convicted or acquitted
by a Court or Tribunal in Trinidad and Tobago;
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(g) the request is for the transfer of a prisoner under
section 27(1) but the prisoner does not consent
to his transfer;
(h) the request is for assistance of a kind which
cannot be given under this Act, or would require
steps to be taken for its implementation that
could not be lawfully taken;
(i) the implementation of the request would require
an individual to act or refrain from acting in a
certain way, and the individual is not willing to
do so and cannot be lawfully compelled to do so;
(j) the request relates to an offence which in the
requesting country is an offence only under
military law or a law relating to military
obligations;
(k) the request relates to a criminal offence under
the tax laws of a Commonwealth country, save
that the assistance may be granted if the offence
is committed by way of an intentionally
incorrect statement, whether oral or written, or
by way of an intentional failure to declare
income derived from any other offence covered
by the Inter-American Convention on Mutual
Assistance in Criminal Matters; or
(l) it would be contrary to the laws of Trinidad
and Tobago.
(3) A request for assistance made by a Commonwealth
country may be refused, in whole or in part, if in the opinion of
the Central Authority—
(a) the request relates to the prosecution or
punishment of a person in respect of conduct
that, had it occurred in Trinidad and Tobago,
would not have constituted an offence against
the laws of Trinidad and Tobago;
(b) the request relates to the prosecution or
punishment of a person in respect of conduct that
UNOFFICIAL VERSION
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First Schedule.
occurred, or is alleged to have occurred, outside
the Commonwealth country making the request,
and similar conduct occurring outside Trinidad
and Tobago in similar circumstances would not
have constituted an offence against the laws of
Trinidad and Tobago;
(c) the request relates to the prosecution or
punishment of a person in respect of conduct
where, had it occurred in Trinidad and Tobago
and had constituted an offence against the laws
of Trinidad and Tobago, the person responsible
could no longer be prosecuted by reason of lapse
of time or for any other reason;
(d) the request was made by a special or ad hoc
tribunal;
(e) the provision of the assistance would impose an
excessive burden on the resources of Trinidad
and Tobago;
(f) any conditions, exceptions or qualifications
imposed pursuant to section 4 in relation to the
Commonwealth country, prevent the request
from being accepted;
(g) the request does not meet the requirements of
the First Schedule; or
(h) there are other reasonable grounds for doing so.
(4) If, in the opinion of the Central Authority, the
expenses involved in complying with a request for assistance
would be of an extraordinary nature, it shall consult the central
authority for the Commonwealth country as to the terms and
conditions under which compliance with the request may
continue and, in the absence of agreement in that regard, it may
refuse to continue further with the request.
(5) If a request for assistance made by a Commonwealth
country, other than an informal one, is refused, the fact of, and the
grounds for, the refusal shall be given by the Central Authority to
the central authority for that country.
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(6) For the purposes of this section, an offence is not an
offence of a political character if it is an offence within the scope
of any international convention to which both Trinidad and Tobago
and the Commonwealth country making the request are parties,
and which imposes on the parties thereto, an obligation to afford
mutual assistance in criminal matters relating to the offence.
23. (1) This section applies where a request is transmitted
seeking assistance from Trinidad and Tobago in obtaining, by any
of the means stated in section 7, evidence or information relevant
to any criminal proceedings in the Commonwealth country
making the request, and the request is accepted.
(2) A person, from whom evidence is taken in Trinidad
and Tobago pursuant to a request for assistance under this section
by a Commonwealth country—
(a) may refuse to answer any question if—
(i) the refusal is based on the laws of
Trinidad and Tobago;
(ii) to answer the question would constitute a
breach of a privilege recognised by the
laws of the Commonwealth country; or
(iii) to answer the question would constitute
the commission by the person of an
offence against the laws of the
Commonwealth country; and
(b) shall not be compelled to give evidence for the
purposes of, or in connection with, any criminal
proceedings other than those to which the
request relates.
(3) Where the request for assistance under this section is
for evidence or information relating to the matters set out in
section 7(c), copies of such records not publicly available may be
produced or examined, only to the extent that they could be
produced or examined in accordance with the laws of Trinidad
and Tobago.
Assistance to
country in
obtaining
evidence.
UNOFFICIAL VERSION
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24. (1) This section applies where a request is transmitted
seeking assistance from Trinidad and Tobago in locating or
identifying and locating, a person believed to be in Trinidad
and Tobago, who—
(a) is or might be concerned in or affected by; or
(b) could give or provide evidence or assistance
relevant to,
any criminal proceedings in the Commonwealth country making
the request, and the request is accepted.
(2) Where this section applies, the Central Authority
shall use its best endeavours to have the person located or, as the
case may be, identified and located, and shall inform the central
authority for the Commonwealth country making the request as
to the outcome of those endeavours.
25. (1) This section applies where a request is transmitted
seeking assistance from Trinidad and Tobago in obtaining, by
search and seizure if necessary, an article or thing in Trinidad and
Tobago for the purposes of, or in connection with, any criminal
proceedings in the Commonwealth country making the request,
and the request is accepted.
(2) Where this section applies, the Attorney General
shall, unless the article or thing concerned is otherwise lawfully
obtained, authorise in writing the Commissioner of Police to
apply to a magistrate for a search warrant in respect of the article
or thing.
(3) The Commissioner of Police authorised under
subsection (2) may apply for the issue of a search warrant to a
magistrate having jurisdiction in the area where the article or
thing is believed to be located.
(4) The authorisation given to the Commissioner of
Police pursuant to subsections (2) and (3) may be executed on his
behalf by any member of the Police Service.
Assistance to
country in
locating or
identifying
person.
Assistance to
country in
obtaining article
or thing, by
search and
seizure.
[14 of 2004].
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(5) The laws of Trinidad and Tobago with respect to—
(a) the making and disposal of an application for a
search warrant; and
(b) the execution of a search warrant,
apply to an application under subsection (3) and to the execution
of any warrant issued pursuant to any such application.
(6) The Central Authority shall provide such
certification as may be required by the central authority for the
Commonwealth country making the request concerning the result
of any search, the place and circumstances of any seizure, and the
subsequent custody of any property seized.
(7) Where this section applies, the Attorney General
may, in writing, authorise the removal of any article or thing
obtained pursuant to a request, to the Commonwealth country
making the request.
26. (1) This section applies where a request is transmitted
seeking that assistance be given by Trinidad and Tobago for the
attendance in the Commonwealth country making the request, of
a person in Trinidad and Tobago to give or provide evidence or
assistance relevant to any criminal proceedings in that country,
and the request is accepted.
(2) Where this section applies, the Central Authority
shall—
(a) inquire whether or not the person concerned is
willing to attend as requested;
(b) inform the central authority for the
Commonwealth country making the request as
to the outcome of the inquiry; and
(c) if the person is willing to attend as requested,
make appropriate arrangements to facilitate
that attendance.
27. (1) This section applies where a request is transmitted
seeking the Central Authority to secure the transfer of a prisoner
in Trinidad and Tobago to the Commonwealth country for giving
Assistance to
country in
arranging
attendance of
person.
Assistance to
country in
securing transfer
of prisoner.
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or providing evidence or assistance relevant to any criminal
proceedings in that country.
(2) The Central Authority may state, and inform the
central authority for the Commonwealth country making the
request as to, conditions subject to which a prisoner is to be
transferred, including conditions with respect to the custody,
release or return of the prisoner.
(3) Any period during which a prisoner is in custody in
a Commonwealth country, pursuant to a request, shall be deemed,
for all purposes, to be time served in custody in Trinidad
and Tobago.
(4) In this section, “prisoner” means a person who is
being held in custody pending trial for, or is under imprisonment
for, an offence, or is subject to any limitation on his personal
liberty pursuant to any written law.
28. (1) This section applies where a request is transmitted
seeking assistance of Trinidad and Tobago in effecting the service
of a document on a person or an authority in Trinidad and Tobago
for the purposes of, or in connection with, any criminal
proceedings in the Commonwealth country making the request,
and the request is accepted.
(2) Where this section applies, the Central Authority
shall—
(a) use its best endeavours to have the document
served—
(i) in accordance with procedures proposed
in the request; or
(ii) if those procedures would be unlawful or
inappropriate, or no procedures are so
proposed, in accordance with the law of
Trinidad and Tobago; and
(b) if the document—
(i) is served, transmit to the central authority
for the Commonwealth country making
the request, a certificate as to service; or
Assistance to
country in
serving
documents.
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(ii) is not served, transmit to that central
authority a statement of the reasons which
prevented the service.
(3) A person served with a document under this section
who fails to comply with the summons shall not be liable to any
penalty or measure of compulsion notwithstanding any contrary
statement in the summons.
29. (1) This section applies where—
(a) the Attorney General of a Commonwealth
country gives a certificate to the effect that a
person in that country—
(i) has been charged with, or convicted of, a
specified serious offence; or
(ii) is suspected, on reasonable grounds, of
having committed such a specified offence;
(b) property derived or obtained, directly or
indirectly, by the person from the commission of
that offence is suspected, on reasonable
grounds, to be in Trinidad and Tobago;
(c) a request is transmitted seeking assistance by
Trinidad and Tobago in identifying, locating
or assessing the value or amount of that
property; and
(d) the request is accepted.
(2) Where this section applies, the Central Authority—
(a) shall use its best endeavours to give the
assistance requested and, in doing so, may
invoke such powers and procedures as may be
prescribed for the purposes of this section; and
(b) shall inform the central authority for the
Commonwealth country making the request as
to the outcome of those endeavours.
Assistance to
country in
tracing
property, etc.
UNOFFICIAL VERSION
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30. (1) This section applies where—
(a) an order is made in a Commonwealth country—
(i) confiscating or forfeiting property derived
or obtained, directly or indirectly, from the
commission of a specified serious offence;
(ii) imposing on the person, against whom the
order is made, a pecuniary penalty
calculated by reference to the value of
property so derived or obtained; or
(iii) restraining dealings with property which
is, or is suspected on reasonable grounds
of being, property so derived or obtained;
(b) property available for the satisfaction of the order
of the pecuniary penalty under the order, or to
which the order would apply, is suspected on
reasonable grounds, to be in Trinidad and Tobago;
(c) a request is transmitted requesting that the
order concerned be enforced in accordance
with the laws of Trinidad and Tobago and to
that end Trinidad and Tobago give appropriate
assistance; and
(d) the request is accepted.
(2) Where this section applies, the Attorney General
shall cause an application to be made to the Supreme Court in
accordance with the Rules of the Supreme Court for the
registration of the order concerned.
(3) On application made under subsection (2), the
Registrar of the Supreme Court shall register the order if he
is satisfied—
(a) that at the time of registration the order is in
force in the Commonwealth country; and
(b) that, in the case of an order such as is referred to
in subsection (1)(a)(ii)—
(i) the person against whom the order was
made appeared in the proceedings or, if he
Assistance to
country in
relation to
certain orders.
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did not do so, that he received notice of
the proceedings in sufficient time to
enable him to defend them;
(ii) the order is not subject to appeal; and
(iii) that enforcing the order in Trinidad and
Tobago would not be contrary to the
interest of justice.
(4) Where an order is registered in accordance with this
section, a copy of any amendment made to the order, whether
before or after registration, may be registered in the same way as
the order, and the amendments shall not have effect until they are
so registered.
(5) An order or an amendment of an order shall be
registered by the registration, in accordance with the Rules of the
Supreme Court, of—
(a) a copy of the order or amendment sealed by the
Court or other authority making the order or
amendment; or
(b) a copy of the order or amendment duly
authenticated in accordance with section 35(2)(a).
(6) The Supreme Court shall, after appropriate notice
has been given to the Central Authority, cancel the registration of
an external confiscation order or an external forfeiture order if—
(a) it appears to the Court that the order has been
satisfied whether by payment of the amount due
under the order or by the serving of a term of
imprisonment by the person against whom the
order is made; or
(b) after appropriate notice has been given to the
Central Authority, it appears to the Court that
the order has ceased to have effect in the
Commonwealth country that made the request
for assistance.
(7) In this section, “appeal” includes any proceedings by
way of discharging or setting aside a judgment or an application
for a new trial or stay of execution.
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31. (1) This section applies where—
(a) the central authority of a Commonwealth
country transmits to the Central Authority, a
certificate to the effect that—
(i) a named person has been, or is likely to be
charged with, or has been convicted of, a
specified serious offence; and
(ii) an order has been, or is likely to be made
that has or, will have, the effect under the
laws of that country—
(A) of confiscating or forfeiting property
derived or obtained, directly or
indirectly, by that person from the
commission of the serious offence; or
(B) of imposing on that person a
pecuniary penalty calculated by
reference to the value of the property
so derived or obtained;
(b) property so derived or obtained, or which would
be available to satisfy a pecuniary penalty under
the confiscation order, or, under such an order if
made, is suspected on reasonable grounds to be
in Trinidad and Tobago;
(c) a request is transmitted requesting that an order
be made, in accordance with the laws of
Trinidad and Tobago, restraining dealings with
property and that Trinidad and Tobago give the
appropriate assistance; and
(d) the request is accepted.
(2) Where this section applies the Attorney General
shall cause an application to be made to the Supreme Court in
accordance with the Rules of the Supreme Court to secure the
making of an appropriate order.
(3) The provisions of subsections (2) to (6) of section 30,
shall apply mutatis mutandis with respect to the implementation
of a request under this section.
Assistance to
country in
obtaining
restraining
order.
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PART IV
APPLICATION OF ACT TO COUNTRIES OTHER
THAN COMMONWEALTH COUNTRIES
32. In this Part—
“non-commonwealth country” means a country other than one
included in the definition of “Commonwealth country” in
section 2(1);
“treaty” includes a convention, protocol, agreement or
arrangement.
33. (1) Where a treaty has been entered into between
Trinidad and Tobago and a non-commonwealth country providing
for mutual assistance in a criminal matter, then upon the
application of that country for assistance, the Attorney General
may, by Order, subject to negative resolution of Parliament,
declare that country to be a country to which this Act applies.
(2) An Order made under subsection (1) may provide
that this Act applies subject to such limitations, conditions,
exceptions or qualifications as may be prescribed in the Order,
and where such Order so provides, this Act shall apply in relation
to that country subject to such limitations, conditions, exceptions
or qualifications.
PART V
CRIMINAL PROCEEDINGS AND INVESTIGATIONS
MUTUAL SERVICE OF PROCESS
33A. (1) This section shall apply where the Central Authority
receives from the central authority of a Commonwealth country
or such similar authority of a non-commonwealth country—
(a) a summons or other process requiring a person
to appear as a defendant or attend as a witness in
criminal proceedings in the Commonwealth or
non-commonwealth country; or
(b) a document issued by a Court exercising
criminal jurisdiction in the Commonwealth or
Interpretation
for purposes of
Part IV.
Implementation
of treaty.
Service of
overseas process
in Trinidad
and Tobago.
[14 of 2004].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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non-commonwealth country and recording a
decision of the Court made in the exercise of
that jurisdiction,
together with a request for that process or document to be served
on a person in Trinidad and Tobago.
(2) The Central Authority shall cause the process or
document to be served by post or, if the request is for personal
service, direct the Commissioner of Police to cause it to be
personally served on the person concerned.
(3) Service of a process or document under this section
shall not impose any obligation on any person under the law of
Trinidad and Tobago to comply with it.
(4) A process or document served under this section
shall be accompanied by a notice—
(a) stating the effect of subsection (3);
(b) indicating that the person on whom it is to be
served may seek legal advice as to the possible
consequence if he fails to comply with the
process under the law of the Commonwealth or
non-commonwealth country where it was
issued; and
(c) indicating that under that law he may not, as a
witness, be accorded the same rights and
privileges as would be accorded to him in
criminal proceedings in Trinidad and Tobago.
(5) Where, under this section, the Commissioner of
Police is directed to cause any process or document to be served,
he shall use his best endeavours to have it served and immediately
transmit to the Central Authority if the process or document is—
(a) served, an affidavit or other certificate of
service, stating how and when it was served; or
(b) not served, an affidavit or other certificate of
service, stating that fact and the reason.
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Service of
process issued
in Trinidad
and Tobago
overseas.
[14 of 2004].
Overseas
evidence for use
in Trinidad and
Tobago.
[14 of 2004].
33B. (1) Notwithstanding that a person in question is outside
Trinidad and Tobago, a process requiring him to—
(a) appear before a Court in Trinidad and Tobago if
he is charged with an offence; or
(b) attend before a Court in Trinidad and Tobago
for the purpose of giving evidence in criminal
proceedings,
may be issued or made and served in a Commonwealth or non-
commonwealth country in accordance with arrangements made
by the Central Authority.
(2) Service of any process in a Commonwealth or non-
commonwealth country by virtue of this section shall not impose
any obligation under the law of Trinidad and Tobago to comply
with it and accordingly failure to comply shall not constitute
contempt of any Court nor is it a ground for issuing a warrant to
secure the attendance of the person in question.
(3) Subsection (2) is without prejudice to the service
of any process, with the normal legal consequences for
non-compliance, on the person in question if subsequently
effected in Trinidad and Tobago.
(4) For the purpose of this section, “process” includes a
summons, order, subpoena or other similar document issued by a
Court requiring a person to attend the Court in relation to
criminal proceedings.
MUTUAL PROVISION OF EVIDENCE
33C. (1) On an application by the Director of Public
Prosecutions, a Judge or Magistrate may issue a letter of request
requesting assistance in obtaining such evidence as is specified in
the letter of request for use in the investigation or prosecution of
an offence.
(2) Upon the grant of the letter of request under
subsection (1), the Director of Public Prosecutions shall forward
it to the Central Authority for transmission to the central
authority of the Commonwealth country or such similar authority
of the non-commonwealth country as specified in the letter.
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Trinidad and
Tobago
evidence for
use overseas.
[14 of 2004].
(3) Evidence obtained by virtue of a letter of request
under this section shall not, without the consent of the central
authority of the Commonwealth country or such similar authority
of the non-commonwealth country, be used for any purpose other
than that specified in the letter.
(4) When any evidence obtained pursuant to a letter of
request is no longer required for that purpose, or for any other
purpose for which such consent has been obtained, it shall be
returned to an authority as is mentioned in subsection (2), unless
that authority indicates that the evidence need not be returned.
(5) In this section and section 33D, “evidence” includes
documents and other articles.
33D. (1) This section shall apply where the Central Authority
receives from the central authority of a Commonwealth country or
such similar authority of a non-commonwealth country a request
for assistance in obtaining evidence in Trinidad and Tobago in
connection with criminal proceedings that have been instituted, or
a criminal investigation that is being carried on, in that country.
(2) If the Central Authority is satisfied—
(a) that an offence under the law of the country in
question has been committed or that there are
reasonable grounds for suspecting that such an
offence has been committed; and
(b) that proceedings in respect of that offence have
been instituted in that country or that an
investigation into that offence is being carried
on there,
it may make a request in writing to the Chief Justice, who may
nominate and direct a Court in Trinidad and Tobago to take the
evidence to which the request relates.
(3) For the purpose of satisfying itself as to the matters
mentioned in subsection (2), the Central Authority shall regard as
conclusive a certificate issued by the central authority of the
Commonwealth country or such similar authority of the
non-commonwealth country, in the country in question as
appears to it to be appropriate.
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(4) The Third Schedule shall have effect with respect to
the proceedings before a nominated Court in pursuance of a
direction made under subsection (2), where that Court is a
Magistrates’ Court.
33E. (1) For the purpose of this Part, evidence may be taken
or recorded—
(a) in writing;
(b) on audio tape;
(c) on video tape;
(d) by any other electronic or mechanical means; or
(e) by means of technology that permits the virtual
presence of the person in Trinidad and Tobago.
(2) Evidence taken or recorded under this Part may be
taken or recorded in camera.
(3) Where evidence is taken or recorded in writing
under this Part, it need not be in the form of an affidavit.
(4) Where the evidence has been made by means of
video or other means which permits the virtual presence of the
person in a Commonwealth or non-commonwealth country that
evidence is deemed to have been given in Trinidad and Tobago.
(5) For the avoidance of doubt, a person mentioned in
subsection (4) may be cross-examined and re-examined and all
the evidence shall form part of the evidence under subsection (1).
(6) The evidence shall be endorsed with, or accompanied
by, a certificate to the effect that it is an accurate record of the
evidence given and it was taken in a manner specified by the laws
of the Commonwealth or non-commonwealth country.
(7) The certificate shall be signed or certified by a
Judge, Magistrate or Court officer of the Commonwealth or
non-commonwealth country to which the request was made.
(8) Evidence taken or recorded in accordance with this
section is admissible in any Court in Trinidad and Tobago
without proof of the signature, seal or due authorisation and such
evidence shall be effectual as if taken or recorded or done by or
before any lawful authority in Trinidad and Tobago.
Third
Schedule.
Form of
testimony.
[14 of 2004].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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33F. (1) Where evidence is received upon a request made under
this Act and is certified by a Judge, Magistrate or Court officer of the
Commonwealth or non-commonwealth country, such evidence is
admissible in any Court in Trinidad and Tobago without proof of the
due certification and shall be effectual as if recorded or taken by or
before any lawful authority in Trinidad and Tobago.
(2) Nothing in this section shall prejudice the admission
in evidence of any document that is admissible in evidence apart
from this section.
SUPPLEMENTARY
33G. (1) The Rules Committee may make Rules of Court that
it considers necessary or expedient to give effect to the purpose
of this Part.
(2) Rules made for the purpose of this Part may, in
particular, make provision with respect to the persons entitled to
appear or take part in the proceedings to which this Part applies
for excluding the public from any such proceedings.
(3) This section is without prejudice to the generality of
any existing power to make rules.
33H. Section 33B applies also to a summons requiring a
person charged with a civil offence to appear before a court
martial or to attend before such a Court for the purpose of giving
evidence in proceedings for such an offence.
PART VI
MISCELLANEOUS
34. Where he is satisfied, the Attorney General may give a
certificate in such form as he determines, certifying, in relation to
a request for assistance made by a Commonwealth country
under this Act, the following facts, namely, that:
(a) the request meets the requirements of this Act; or
(b) the acceptance of the request was duly made
under and in accordance with this Act.
Admission of
foreign
evidence.
[14 of 2004].
Rules of Court.
[14 of 2004].
Application to
proceedings
involving
defence
personnel.
[14 of 2004].
Certificate given
by the Attorney
General.
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Proof.
[14 of 2004].
35. (1) In any relevant proceedings—
(a) a document that is duly authenticated is
admissible in evidence; and
(b) a relevant certificate shall be received as
conclusive proof of the matters certified in
the certificate.
(2) A document is duly authenticated for the purposes
of subsection (1)(a) if it purports to be—
(a) signed or certified by a Judge or Magistrate of a
Commonwealth country making a request;
(b) authenticated by the oath of a witness, or of a
public officer of a Commonwealth country
making a request;
(c) sealed with an official or public seal of a
Minister or of a department or public office of
the Government, of such a country; or
(d) proved by an affidavit sworn, or statutory
declaration made, before a commissioner or
person authorised to take affidavits or statutory
declarations in such country.
(3) Nothing in this section operates to prevent the proof
of any matter, or the admission of any document, in accordance
with the written laws of Trinidad and Tobago.
(4) In this section—
“relevant certificate” means a certificate given—
(a) by the central authority for a Commonwealth
country for the purpose of criminal proceedings
instituted in or property derived or obtained
from a serious offence in that country;
(b) by the Attorney General of a Commonwealth
country for the purposes of section 29(1)(a),
31(1)(a) or paragraph 8(d) of the First Schedule; or
(c) by the Attorney General for the purposes of
section 34;
“relevant proceedings” means a proceeding under or pursuant to
this or any other Act arising directly or indirectly from a
request for assistance under this Act made by a
Commonwealth country.
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36. (1) Where a person is to be transported in custody from
a Commonwealth country through Trinidad and Tobago to
another Commonwealth country pursuant to a request for
assistance, of the kind referred to in the Scheme, by the other
Commonwealth country, the person—
(a) may be transported through Trinidad and
Tobago 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 port in Trinidad and
Tobago, shall be kept in such custody as the
Attorney General directs in writing until the
person’s transportation is continued.
(2) Where a person is being held in custody pursuant to
a direction under subsection (1)(b) and the person’s transportation
is not, in the opinion of the Attorney General, continued within a
reasonable time, the Attorney General may direct that the person
be transported in custody to the Commonwealth country from
which the person was first transported.
37. Any person who escapes from lawful custody while in
Trinidad and Tobago pursuant to a request under section 12, or
while being kept in custody pursuant to a direction under
section 36(1)(b), is guilty of an offence and is liable on
conviction to a fine of twenty thousand dollars and to
imprisonment for five years.
38. (1) Any police officer may arrest without warrant, a
person, if the police officer has reasonable grounds to believe that
the person—
(a) has been brought to Trinidad and Tobago
pursuant to a request under section 10, or was
being kept in custody pursuant to a direction
under section 36(1)(b); and
(b) has escaped from lawful custody while in
Trinidad and Tobago pursuant to the request, or
while being so kept in custody.
(2) A person who has been arrested pursuant to
subsection (1) shall be returned to custody in accordance with
this Act.
Transit.
Escaping.
[14 of 2004].
Arrest of person
who has
escaped from
custody.
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39. (1) The Attorney General may make Regulations
prescribing any matter necessary or convenient to be prescribed
for carrying out or giving effect to this Act and, in particular—
(a) making provision as to evidence or proof of any
matter for the purposes of this Act;
(b) prescribing the procedures for obtaining evidence;
(c) prescribing expenses and allowances payable to
any person in Trinidad and Tobago pursuant to
a request;
(d) prescribing conditions to be imposed for the
protection of any interest in any property to be
sent to a requesting country pursuant to a request;
(e) prescribing conditions for the protection of any
property sent to or by a Commonwealth country
and making provision for the return of property
in Trinidad and Tobago pursuant to a request.
(2) The Regulations may, with such limitations,
conditions, exceptions or qualifications, if any, as may be
prescribed, extend the application of any Act so as to enable—
(a) any request by a Commonwealth country for
assistance under this Act to be implemented or
any assistance so requested to be given;
(b) any order registered pursuant to section 30 to be
enforced; or
(c) an order to be made pursuant to a request for
assistance under section 30 and, if made, to
be enforced.
(3) Regulations made for the purposes of section 22(2)
may include procedures for, and powers in relation to, the taking
of evidence in Trinidad and Tobago by commissioners from, or
nominated by, the Commonwealth country concerned.
40. (1) Where a treaty has been concluded whether before or
after the commencement of this Act between Trinidad and Tobago
and any other territory in relation to the provision of mutual
assistance in the detection, investigation, suppression or prosecution
of drug trafficking offences committed in Trinidad and Tobago or
such other territory, the Attorney General may, by Order subject
Regulations.
Coming into
force of
Treaties.
[7 of 2001].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ch. 11:25.
to negative resolution of Parliament, declare that the
treaty shall have the force of law in Trinidad and Tobago subject
to such limitations, conditions, exceptions or qualifications as
may be specified in the Order.
(1A) Where a treaty has been concluded, whether
before or after the commencement of this Act, between Trinidad
and Tobago and any other territory, providing for mutual
assistance in any criminal matter arising or criminal offence
committed in Trinidad and Tobago or such other territory, not
including a criminal offence referred to in subsection (1), the
Attorney General may, by Order subject to negative resolution of
Parliament, declare that the treaty shall have the force of law in
Trinidad and Tobago subject to such limitations, exceptions or
qualifications as may be specified in the Order.
(2) An Order shall not be made under subsection (1) or
subsection (1A) unless the treaty provides for its determination
by either party to it.
(3) An Order made under subsection (1) or
subsection (1A) shall recite or embody the terms of the treaty
and shall not remain in force for any longer period than the treaty.
(4) In this section “treaty” means any convention, treaty,
agreement or arrangement for the time being in force between
Trinidad and Tobago and any other territory.
(5) In this section, “drug trafficking offence” means any
of the following:
(a) an offence under sections 5(4), (7) and 47 of the
Dangerous Drugs Act;
(b) an offence of conspiracy to commit any of the
offences referred to in paragraph (a);
(c) an offence of attempting, inciting, aiding,
abetting, counselling or procuring the
commission of any of the offences referred to
in paragraph (a) or (b).
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Mutual Assistance in Criminal Matters Chap. 11:24 39
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(Section 21)FIRST SCHEDULE
REQUEST FOR ASSISTANCE MADE BY
COMMONWEALTH COUNTRIES
1. A request for assistance under this Act made by a Commonwealth
country shall—
(a) specify the assistance requested;
(b) be initiated by a Judge, Magistrate, the Director of Public
Prosecutions or a law enforcement agency;
(c) identify the person, agency or authority that initiated the request;
(d) state any wishes of the country concerning the confidentiality
of the request and the reasons for those wishes;
(e) state any period within which the country wishes the request
to be complied with;
(f) if the request would involve travel by any person from
Trinidad and Tobago to the country, give details of
allowances and accommodation to which the person would
be entitled; and
(g) contain such information as is available to the central authority
for the country as will facilitate compliance with the request.
2. Where the assistance requested by a Commonwealth country is for
the purposes of criminal proceedings, the request—
(a) shall be accompanied by the certificate, in relation to the
criminal proceedings, that is referred to in paragraph (b) of
the definition of “criminal proceedings” in section 2; and
(b) shall—
(i) give details of the proceedings and the offence
concerned, including a summary of the known facts;
(ii) give the identity, if known, of the person to whom the
proceedings relate or would relate; and
(iii) if the proceedings have been instituted, state the stage
reached in the proceedings and, where applicable,
identify the Court exercising jurisdiction.
3. Where a request such as is referred to in section 23 is made by a
Commonwealth country, the request shall—
(a) give details of the procedure that the country wishes to be
followed in giving effect to the request, including details of
UNOFFICIAL VERSION
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the manner and form in which any evidence or information
is to be supplied to that country;
(b) where relevant, indicate whether any person, from whom
evidence is to be taken, is to be examined—
(i) orally or in writing;
(ii) under oath;
(iii) in the presence of his legal representative; or
(iv) in the presence of the person to whom any relevant
proceedings in that country relate;
(c) where evidence is to be taken from a person, specify the
questions to be put to the person or the subject-matter about
which the person is to be examined;
(d) where evidence is to be taken from a person, give details
of any special requirements of the country as to the manner
of taking evidence relevant to its admissibility in the
country; and
(e) 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. Where a request such as is referred to in section 24 is made by a
Commonwealth country, the request shall identify the article or thing which is
to be obtained and, so far as is reasonably practicable, shall contain all
information available to the central authority for the country which may be
required to be adduced in an application under the law of Trinidad and Tobago
for any necessary warrant or authorisation to effect a seizure of that article
or thing.
5. Where a request such as is referred to in section 26 is made by a
Commonwealth country, the request shall identify the subject on which
evidence or information is to be provided and state the reasons for requiring
the personal appearance of the prisoner.
6. Where a request such as is referred to in section 28 is made by a
Commonwealth country, the request shall—
(a) be accompanied by the document to be served; and
(b) where that document relates to the attendance of any person
in the country, give such notice as that country is able to
40 Chap. 11:24 Mutual Assistance in Criminal Matters
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L.R.O.
provide of outstanding warrants or other judicial orders in
criminal matters against that person.
7. Where a request such as is referred to in section 29 is made by a
Commonwealth country, the request shall—
(a) be accompanied by the certificate given by the
Attorney General;
(b) give details of the specified serious offence; and
(c) state the grounds for suspecting that the relevant property is
in Trinidad and Tobago and give any information in the
possession of the country which will assist in identifying or
locating that property.
8. Where a request such as is referred to in section 30 is made by a
Commonwealth country, the request shall—
(a) be accompanied by the certificate given by the
Attorney General;
(b) be accompanied by a copy of the order made in the country—
(i) sealed by the Court that made the order; or
(ii) duly authenticated in accordance with section
35(2)(a), and identify the relevant law under which
the order was made;
(c) give details of the specified serious offence;
(d) in the case of an order such as is referred to in
section 31(1)(a)(ii)(A) or (B), be accompanied by a
certificate given by the Attorney General to the effect that the
person against whom the order was made appeared in the
proceedings or, if he did not do so, that he received the notice
of the proceedings specified in the certificate;
(e) state the grounds for suspecting that the relevant property is
in Trinidad and Tobago and give any information in the
possession of the country which will assist in identifying or
locating the property; and
(f) give particulars of any amount paid or recovered under
the order.
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9. Where a request such as is referred to in section 31 is made by a
Commonwealth country, the request shall—
(a) be accompanied by the certificate given by the
Attorney General;
(b) if relevant, be accompanied by a copy of the Order made in
the country—
(i) sealed by the Court that made the order; or
(ii) duly authenticated in accordance with section
35(2)(a), and identify the law under which the order
was made;
(c) if relevant, state the grounds for believing that an order is
likely to be made;
(d) give details of the serious offence in respect of which the
order was or, as the case may be, is likely to be, made; and
(e) state the grounds for suspecting that the relevant property is
in Trinidad and Tobago and give any information in the
possession of the country which will assist in identifying
the property.
10. After giving preliminary consideration to a request for assistance
under this Act made by a Commonwealth country, the Central Authority may
require the central authority for that country to furnish further information
relative to the request and if that information is not furnished within such
period as the Central Authority considers reasonable, the request shall be
deemed to have been withdrawn.
42 Chap. 11:24 Mutual Assistance in Criminal Matters
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Mutual Assistance in Criminal Matters Chap. 11:24 43
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
[Sec. 33D(4)
14 of 2004].
THIRD SCHEDULE
TRINIDAD AND TOBAGO EVIDENCE FOR
USE OVERSEAS:
PROCEEDINGS OF NOMINATED COURT
Securing attendance of witnesses
1. The Court shall have the same powers for securing the attendance of
a witness for the purpose of the proceedings before it as it has for the purpose
of other proceedings before it.
Power to administer oaths
2. The Court may, in the proceedings, take evidence on oath, and both
the questions and answers shall be recorded.
Privilege of witnesses
3. (1) A person shall not be compelled to give, in the proceedings, any
evidence which he could not be compelled to give—
(a) in criminal proceedings in Trinidad and Tobago; or
(b) subject to subparagraph (2), in criminal proceedings in the
Commonwealth or non-commonwealth country from which
the request for the evidence has come.
(2) Subparagraph (1)(b) shall not apply unless the claim of the
person questioned to be exempt from giving the evidence is conceded by the
central authority of a Commonwealth country or such similar authority of a
non-commonwealth country that made the request.
(3) Where, under subparagraph (2), a claim is made by a person and
it is not conceded, he may, subject to this paragraph, be required to give the
evidence to which the claim relates, but the evidence shall not be transmitted to
the central authority of the Commonwealth country or such similar authority of
the non-commonwealth country which requested it, if on an application to a
Court in the country in question, that Court upholds the claim.
SECOND SCHEDULE
(This Schedule contained an amendment to Act No. 24 of
1995 which has been incorporated in that Act)
UNOFFICIAL VERSION
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Ch. 7:02.
(4) Without prejudice to subparagraph (1), a person shall not be
compelled under this Schedule to give any evidence if his doing so would be
prejudicial to the security of Trinidad and Tobago and a certificate signed by
or on behalf of the Minister of National Security to the effect that it would be
so prejudicial for that person to do so shall be conclusive evidence of that fact.
(5) Without prejudice to subparagraph (1), a person shall not be
compelled under this Schedule to give any evidence in his capacity as a public
officer or an officer of the State.
(6) In this paragraph reference to giving evidence includes reference
to answering any question and to producing any document or other article and
the reference in subparagraph (3) to the transmission of evidence given by a
person shall be construed accordingly.
4. (1) The evidence taken or received by the Court shall be furnished to
the Director of Public Prosecutions who shall forward it to the Central Authority
for transmission to the central authority of the Commonwealth country or such
similar authority of the non-commonwealth country that made the request.
(2) If in order to comply with the request it is necessary for the
evidence to be accompanied by a certificate, affidavit or other verifying
documents, the Court shall also furnish for transmission such document of that
nature as may be specified in the notice nominating the Court.
(3) Where the evidence consists of a document the original or a copy
shall be transmitted, and where it consists of any other article, the article itself
or a description, photograph or other representation of it shall be transmitted,
as may be necessary in order to comply with the request.
Supplementary
5. For the avoidance of doubt, sections 29 and 30 of the Evidence Act
shall not apply to these proceedings.
6. No order for costs shall be made in the proceedings.
44 Chap. 11:24 Mutual Assistance in Criminal Matters
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UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SCHEDULE
TREATY BETWEEN THE GOVERNMENT OF CANADA
AND THE GOVERNMENT OF THE REPUBLIC OF
TRINIDAD AND TOBAGO ON MUTUAL LEGAL
ASSISTANCE IN CRIMINAL MATTERS
The Government of Canada and the Government of the Republic of
Trinidad and Tobago.
Desiring to improve the effectiveness of both countries in the
investigation, prosecution and suppression of crime through co-operation and
mutual legal assistance in criminal matters. Have agreed as follows:
PART I
GENERAL PROVISIONS
ARTICLE 1
Obligation to Provide Mutual Legal Assistance
1. The Contracting Parties shall, in accordance with this Treaty, provide
each other with the widest measure of mutual legal assistance in criminal matters.
41/2003.
Citation.
Agreement to
have force
of law.
SUBSIDIARY LEGISLATION
MUTUAL ASSISTANCE (AGREEMENT BETWEEN
TRINIDAD AND TOBAGO AND CANADA) ORDER
made under section 40(1A)
1. This Order may be cited as the Mutual Assistance
(Agreement between Trinidad and Tobago and Canada) Order.
2. The Agreement between the Government of Canada and
the Government of the Republic of Trinidad and Tobago on
mutual assistance in criminal matters referred to in the Schedule,
shall have the force of Law in Trinidad and Tobago.
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2. Mutual legal assistance is any assistance given by the Requested
State in respect of investigations or proceedings in the Requesting State in a
criminal matter irrespective of whether the assistance is sought or to be
provided by a Court or some other authority.
3. Criminal matters mean, for the Republic of Trinidad and Tobago
investigations or proceedings relating to any offence contrary to the law of the
Republic of Trinidad and Tobago and, for Canada, investigations or proceedings
relating to any offence created by Parliament or by the legislature of a province.
4. Criminal matters include investigations or proceedings relating to
offences concerning taxation, duties and customs.
5. Assistance includes—
(a) locating and identifying persons and objects;
(b) serving documents, including documents seeking the
attendance of persons;
(c) providing information, documents and records;
(d) providing objects, including lending exhibits;
(e) search and seizure;
(f) taking evidence and obtaining statements;
(g) authorising the presence of persons from the Requesting
State at the execution of requests;
(h) making detained persons available to give evidence or
assist investigations;
(i) facilitating the appearance of witnesses or the assistance of
persons in investigations;
(j) taking measures to locate, seize, restrain, confiscate and
forfeit the proceeds of crime; and
(k) providing other assistance consistent with the objects of
this Treaty.
ARTICLE 2
Execution of Requests
1. Requests for assistance shall be executed promptly in accordance
with the law of the Requested State and, in so far as not prohibited by that law,
in the manner specified by the Requesting State.
Mutual Assistance (Agreement between Trinidad and Tobago and Canada) Order[Subsidiary]
46 Chap. 11:24 Mutual Assistance in Criminal Matters
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
2. The Requested State shall, upon request, inform the Requesting State
of the date and place of execution of the request for assistance.
3. Subject to paragraph (1) the Requested State shall not refuse to
execute a request on the ground of bank secrecy.
ARTICLE 3
Refusal of Postponement of Assistance
1. Assistance may be refused if, the execution of the request would be
contrary to the law of the Requested State or in the opinion of the Requested
State, the execution of the request would impair its sovereignty, security,
public order, essential public interest, prejudice the safety of any person or be
unreasonable on other grounds.
2. Assistance may be postponed by the Requested State if the
immediate execution of the request would interfere with an ongoing
investigation or prosecution in the Requested State.
3. The Requested State shall promptly inform the Requesting State of a
decision of the Requested State not to comply in whole or in part with a request
for assistance, or to postpone execution, and shall give reasons for that decision.
4. Before refusing a request for assistance or before postponing the
execution of a request, the Requested State shall consider whether assistance
may be provided subject to such conditions as it deems necessary. If the
Requesting State accepts assistance subject to these conditions, it shall comply
with them.
PART II
SPECIFIC PROVISIONS
ARTICLE 4
Locating and Identifying Persons and Objects
The competent authorities of the Requested State shall make best efforts to
ascertain the location and identity of persons and objects specified in the request.
ARTICLE 5
Service of Documents
1. The Requested State shall serve any document transmitted to it for
the purpose of service.
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2. The Requesting State shall transmit a request for the service of a
document pertaining to a response or appearance in the Requesting State
within a reasonable time before the scheduled date of response or appearance.
3. The Requested State shall return a proof of service in the manner
required by the Requesting State.
ARTICLE 6
Provision of Information, Documents, Records and Objects
1. The Requested State shall provide copies of publicly available
information, documents and records of government departments and agencies.
2. The Requested State may provide any information, documents,
records and objects in the possession of a government department or agency,
but not publicly available, to the same extent and under the same conditions as
would be available to its own law enforcement and judicial authorities.
3. The Requested State may provide certified true copies of documents
or records, unless the Requesting State expressly requests originals.
4. Original documents, records or objects provided to the Requesting
State shall be returned to the Requested State as soon as possible, upon
request, unless the latter waives its rights to the return thereof.
5. In so far as not prohibited by the law of the Requested State
documents, records or objects shall be provided in a form or accompanied by
such certification as may be specified by the Requesting State in order to make
them admissible according to the law of the Requesting State.
ARTICLE 7
Search and Seizure
1. The Requested State shall execute a request for search and seizure.
2. The competent authority that has executed a request for a search and
seizure shall provide such information as may be required by the Requesting
State concerning, but not limited to, the identity, condition, integrity and
continuity of possession of the documents, records or objects seized and the
circumstances of the seizure.
3. The Requested State may refuse to provide to the Requesting State
any item seized unless the Requesting State has agreed to such terms and
conditions as may be required by the Requested State.
Mutual Assistance (Agreement between Trinidad and Tobago and Canada) Order[Subsidiary]
48 Chap. 11:24 Mutual Assistance in Criminal Matters
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LAWS OF TRINIDAD AND TOBAGO
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ARTICLE 8
Taking Evidence in the Requested State
1. A person requested to testify and produce documents, records or
objects in the Requested State shall be compelled, if necessary, to appear and
testify and produce such documents, records or objects, in accordance with the
law of the Requested State.
2. To the extent not prohibited by the law of the Requested State
officials of the Requesting State and other persons specified in the request
shall be permitted to be present at the execution of the request and to
participate in the proceedings in the Requested State.
3. The right to participate in the proceedings shall include the right of
any person present to pose questions. The persons present at the execution of
a request shall be permitted to make a verbatim record of the proceedings. The
use of technical means to make such a verbatim record shall be permitted.
ARTICLE 9
Presence of Persons at the Execution of Request
To the extent not prohibited by the law of the Requested State, persons
specified in the request shall be permitted to be present at the execution of
the request.
ARTICLE 10
Making Detained Persons Available to give Evidence
or Assist in Investigations
1. Upon request, a person serving a sentence in the Requested State
shall be temporarily transferred to the Requesting State to assist investigations
or to testify, provided that the person consents.
2. When the person transferred is required to be kept in custody under
the law of the Requested State, the Requesting State shall hold that person in
custody and shall return the person in custody to the Requested State at the
conclusion or the execution or the request.
3. When the sentence imposed expires, or where the Requested State
advises the Requesting State that the transferred person is no longer required
to be held in custody, that person shall be set at liberty and be treated as a
person present in the Requesting State pursuant to a request seeking that
person’s attendance.
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ARTICLE 11
Providing Evidence or Assisting Investigations in
the Requesting State
1. Upon request, the Requested State shall invite a person to assist in an
investigation or to appear as a witness in the Requesting State and shall seek
that person’s consent. In seeking that consent, the Requesting State shall
inform the person of any expenses payable.
2. The Requested State shall promptly notify the Requesting State of the
response to the invitation.
ARTICLE 12
Safe Conduct
1. Subject to Article 10(2), a person present in the Requesting State in
response to a request shall not be prosecuted, detained or subjected to any
other restriction of personal liberty in that State for any acts or omissions
which preceded that person’s departure from the Requested State, nor shall
that person be obliged to give evidence in any proceeding other than that to
which the request relates.
2. Paragraph 1 of this Article shall cease to apply if a person, being free
and able to leave the Requesting State, has not left within thirty days after
receiving official notification that the person’s attendance is no longer
required or, having left, has voluntarily returned.
3. A person who fails to appear in the Requesting State shall not be
subjected to any sanction or compulsory measure in the Requested or
Requesting State.
ARTICLE 13
Proceeds of Crime
1. The Requested State shall, upon request, endeavour to ascertain
whether any proceeds of a crime are located within its jurisdiction and shall
notify the Requesting State of the results of its inquiries.
2. When, pursuant to paragraph 1 of this Article, suspected proceeds of
crime are found, the Requested State shall take such measures as are permitted
by its law to seize, restrain, confiscate and forfeit these proceeds.
Mutual Assistance (Agreement between Trinidad and Tobago and Canada) Order[Subsidiary]
50 Chap. 11:24 Mutual Assistance in Criminal Matters
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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3. Proceeds confiscated or forfeited pursuant to this Treaty shall accrue
to the Requested Party, unless otherwise agreed.
ARTICLE 14
Restitution and Fine Enforcement
The Requested State shall, to the extent permitted by its law, provide
assistance concerning restitution to the victims of crime and the collection of
fines imposed as a sentence in a criminal prosecution.
PART III
PROCEDURE
ARTICLE 15
Contents of Requests
1. In all cases requests for assistance shall indicate—
(a) the competent authority conducting the investigation or
proceedings to which the request relates;
(b) the nature of the investigation or proceedings, and include a
summary of the facts and a copy of the applicable law;
(c) the purpose of the request and the nature of the assistance
sought;
(d) the degree of confidentiality required and the reasons
therefor; and
(e) any time limit within which the request should be executed.
2. In the following cases requests for assistance shall include:
(a) in the case of requests for the taking of evidence, search and
seizure, or the location, restraint, confiscation or forfeiture of
proceeds of crime, a statement indicating the basis for belief
that evidence or proceeds may be found in the Requested State;
(b) in the case of requests to take evidence from a person, an
indication as to whether sworn or affirmed statements are
required and a description of the subject matter of the
evidence or statement sought;
(c) in the case of lending of exhibits, the current location of the
exhibits in the Requested State and an indication of the
person or class of persons who will have custody of the
exhibits in the Requesting State, the place to which the
exhibit is to be removed, any tests to be conducted and the
date by which the exhibit will be returned;
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(d) in the case of making detained persons available, an
indication of the person or class of persons who will have
custody during the transfer, the place to which the detained
person is to be transferred and the date of that person’s return.
3. If necessary and where possible requests for assistance shall include—
(a) the identity, nationality and location of the person or persons
who are the subject of the investigation or proceedings; and
(b) details of any particular procedure or requirement that
the Requesting State wishes to be followed and the
reasons therefor.
4. If the Requested State considers that the information is not sufficient
to enable the request to be executed, it may request additional information.
5. A request shall be made in writing. In urgent circumstances, a request
may be made orally but shall be confirmed in writing promptly thereafter.
ARTICLE 16
Central Authorities
1. The Central Authority for Canada shall be the Minister of Justice or
an official designated by that Minister; the Central Authority for the Republic
of Trinidad and Tobago shall be the Attorney General of Trinidad and Tobago
or an official designated by the Attorney General.
2. The Central Authorities shall transmit and receive all requests for the
purposes of this treaty.
ARTICLE 17
Confidentiality
1. The Requested State may require, after consultation with the
Requesting State that information or evidence furnished or the source of such
information or evidence be kept confidential, or be disclosed or used only
subject to such terms and conditions as it may specify.
2. The Requesting State may require that the request, its contents,
supporting documents and any action taken pursuant to the request be kept
confidential. If the request cannot be executed without breaching the
confidentiality requirement, the Requested State shall so inform the
Requesting State prior to executing the request and the latter shall then
determine whether the request should nevertheless be executed.
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ARTICLE 18
Limitation of Use
The Requesting State shall not disclose or use information or evidence
furnished for purposes other than those stated in the request without the prior
consent of the Central Authority of the Requested State.
ARTICLE 19
Authentication
Documents, records or objects transmitted pursuant to this Treaty shall
not require any form of authentication, except as specified in Article 6.
ARTICLE 20
Language
Requests and supporting documents shall be in the official language, or
one of the official languages of the Requested State.
ARTICLE 21
Expenses
1. The Requested State shall meet the cost of executing the request for
assistance, except that the Requesting State shall bear—
(a) the expenses associated with conveying any person to or
from the territory of the Requested State at the request of the
Requesting State and any expenses payable to that person
while in the Requesting State pursuant to a request under
Article 10 or 11 of this Treaty;
(b) the expenses and fees or experts in the Requested State or the
Requesting State; and
(c) the expenses of translation, interpretation and transcription.
2. If it becomes apparent that the execution of the request requires expenses
of an extraordinary nature, the Contracting Parties shall consult to determine the
terms and conditions under which the requested assistance can be provided.
PART IV
FINAL PROVISIONS
ARTICLE 22
Other Assistance
This Treaty shall not derogate from obligations subsisting between the
Contracting Parties whether pursuant to other treaties, arrangements or otherwise,
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or prevent the Contracting Parties from providing or continuing to provide
assistance to each other pursuant to other treaties, arrangements or otherwise.
ARTICLE 23
Consultations
1. The Contracting Parties shall consult promptly, at the request of
either Party, concerning the interpretation and the application of this Treaty.
2. The Contracting Parties agree to consult, as appropriate, to develop
other specific agreements or arrangements, formal or informal, on mutual
legal assistance.
ARTICLE 24
Entry into Force and Termination
1. This Treaty shall enter into force thirty (30) days after the date on
which the Contracting Parties have notified each other in writing, through
diplomatic channels, that their respective requirements for entry into force of
this Treaty have been complied with.
2. This Treaty shall apply to any request presented after its entry into
force even if the relevant acts or omissions occurred before that date.
3. Either Contracting Party may terminate this Treaty. The termination
shall take effect one year from the date on which it was notified to the other
Contracting Party.
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SCHEDULE
TREATY BETWEEN THE GOVERNMENT OF
THE REPUBLIC OF TRINIDAD AND TOBAGO AND
THE GOVERNMENT OF THE UNITED STATES
OF AMERICA ON MUTUAL LEGAL ASSISTANCE
IN CRIMINAL MATTERS
TABLE OF CONTENTS
Article 1 … … … Scope of Assistance
Article 2 … … … Central Authorities
Article 3 … … … Limitations on Assistance
Article 4 … … … Form and Contents of Requests
Article 5 … … … Execution of Request
Article 6 … … … Costs
Article 7 … … … Limitations on use
Article 8 … … … Testimony or Evidence in the Requested State
46/2003.
[178/2005].
Citation.
Agreement to
have force
of law.
Schedule.
MUTUAL ASSISTANCE (AGREEMENT BETWEEN
TRINIDAD AND TOBAGO AND THE UNITED STATES
OF AMERICA) ORDER
made under section 40(1A)
1. This Order may be cited as the Mutual Assistance
(Agreement between Trinidad and Tobago and the United States
of America) Order.
2. The Agreement between the Government of the United
States of America and the Government of the Republic of
Trinidad and Tobago on Mutual Assistance in Criminal Matters,
referred to in the Schedule, shall have the force of Law in
Trinidad and Tobago.
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Article 9 … … … Records of Government Agencies
Article 10 … … … Testimony in the Requesting State
Article 11 … … … Transfer of Persons in Custody
Article 12 … … … Location or Identification of Persons or Items
Article 13 … … … Service of Documents
Article 14 … … … Search and Seizure
Article 15 … … … Return of Items
Article 16 … … … Assistance in Forfeiture Proceedings
Article 17 … … … Compatibility with other Treaties
Article 18 … … … Consultation
Article 19 … … … Ratification, Entry into Force, and Termination
The Government of the Republic of Trinidad and Tobago and the
Government of the United States of America, hereunder referred to as the
Contracting Parties.
Desiring to improve the effectiveness of the Law Enforcement Authorities
of both countries in the investigation, prosecution and prevention of crime
through co-operation and mutual legal assistance in criminal matters.
Have agreed as follows:
ARTICLE 1
Scope of Assistance
1. The Contracting Parties shall provide mutual assistance, in
accordance with the provisions of this Treaty, in connection with the
investigation, prosecution, and prevention of offences, and in proceedings
related to criminal matters.
2. Assistance shall include:
(a) taking the testimony or statements of persons;
(b) providing documents, records, and articles of evidence;
(c) locating or identifying persons;
(d) serving documents;
(e) transferring persons in custody for testimony or other
purposes;
(f) executing requests for searches and seizures;
(g) assisting in proceedings related to restraint, confiscation,
forfeiture of assets, restitution, and collection of fines;
(h) examining objects and sites; and
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the United States of America) Order
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(i) any other form of assistance not prohibited by the laws of the
Requested State.
3. Assistance shall be provided without regard to whether the conduct
which is the subject of the investigation, prosecution, or proceeding in the
Requested State would constitute an offence under the laws of the Requested
State. However, the Requesting State may, in its discretion, refuse to comply
in whole or in part with a request for assistance under this Treaty to the
extent that it appears to the Central Authority of the Requested State to
concern conduct which would not constitute an offence under the laws of the
Requested State.
4. The Treaty is intented solely for mutual legal assistance between the
Parties. The provisions of this Treaty shall not give rise to a right on the part
of any private person to obtain, suppress or exclude any evidence, or to impede
the execution of a request.
ARTICLE 2
Central Authorities
1. There shall be a Central Authority for each Contracting Party.
2. For the United States of America, the Central Authority shall be the
Attorney General or a person designated by that Attorney General. For the
Government of the Republic of Trinidad and Tobago, the Central Authority
shall be the Attorney General or a person designated by the Attorney General.
3. The Central Authorities shall communicate directly with one another
for the purposes of this Treaty.
ARTICLE 3
Limitations on Assistance
1. The Central Authority of the Requested State may deny
assistance if—
(a) the request relates to an offence under military law which
would not be an offence under ordinary criminal law;
(b) the execution of the request would prejudice the security or
similar essential interest of the Requested State; or
(c) the request is not made in conformity with the Treaty.
2. Before denying assistance pursuant to this Article, the Central
Authority of the Requested State shall consult with the Central Authority of
the Requesting State to consider whether assistance can be given subject to
such conditions as it deems necessary. If the Requesting State accepts
assistance subject to these conditions, it shall comply with the conditions.
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3. If the Central Authority of the Requested State denies assistance, it
shall inform the Central Authority of the Requesting State of the reasons for
the denial.
ARTICLE 4
Form and Contents of Requests
1. A request for assistance shall be in writing except that the Central
Authority of the Requested State may accept a request in another form in
emergency situations. In any such case, the request shall be confirmed in
writing within ten days thereafter unless the Central Authority of the
Requested State agrees otherwise. The request shall be in the language of the
Requested State unless otherwise agreed.
2. The request shall include the following:
(a) the name of the authority conducting the investigation,
prosecution, or proceeding to which the request relates;
(b) a description of the subject matter and nature of the
investigation, prosecution, or proceeding, including the specific
criminal offences, which relates to the matter, and a summary
of the facts and the laws which form the basis thereof;
(c) a description of the evidence, information, or other
assistance sought; and
(d) a statement of the purpose for which the evidence,
information, or other assistance is sought.
3. To the extent necessary and possible, a request shall also include—
(a) information on the identity, including, where available, full
name, date of birth, address, and location of any person from
whom evidence is sought;
(b) information on the identity, including, where available, full
name, date of birth, address, and location of a person to be
served, that person’s relationship to the proceedings, and the
manner in which service is to be made;
(c) information on the identity, including, where available, full
name, date of birth, address, and whereabouts of a person to
be located;
(d) a precise description of the place or person to be searched
and of the articles to be seized;
(e) a description of the manner in which any testimony or
statement is to be taken and recorded;
(f) a list of questions to be asked of a witness;
(g) a description of any particular procedure to be followed in
executing the request;
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(h) information as to the allowances and expenses to which a
person asked to appear in the Requesting State will be entitled;
(i) any time limit within which compliance with the request is
desired, stating reasons; and
(j) any other information which may be brought to the attention
of the Requested State to facilitate its execution of the request.
ARTICLE 5
Execution of Requests
1. The Central Authority of the Requested State shall promptly execute
the request or, when appropriate, shall transmit it to the authority having
jurisdiction to do so. The competent authorities of the Requested State shall do
everything in their power to execute the request. The Courts of the Requested
State shall have authority to issue subpoenas, search warrants, or other orders
necessary to execute the request.
2. The Central Authority of the Requested State shall make all necessary
arrangements for and meet the costs of the representation in the Requested State
of the Requesting State in any proceedings arising out of a request for assistance.
3. Requests shall be executed in accordance with the laws of the
Requested State except to the extent that this Treaty provides otherwise.
However, the method of execution specified in the request shall be followed
except in so far as it is prohibited by the laws of the Requested State.
4. If the Central Authority of the Requested State determines that execution
of a request would interfere with an ongoing criminal investigation, prosecution,
or proceeding in that State, it may postpone execution, or make execution subject
to conditions determined to be necessary after consultations with the Central
Authority of the Requesting State. If the Requesting State accepts the assistance
subject to the conditions, it shall comply with the conditions.
5. The Requested State shall use its best efforts to keep confidential a
request and its contents if such confidentiality is requested by the Central
Authority of the Requesting State. If the request cannot be executed without
breaching such confidentiality, the Central Authority of the Requested State
shall so inform the Central Authority of the Requesting State, which shall then
determine whether the request should nevertheless be executed.
6. The Central Authority of the Requested State shall respond to
reasonable inquiries by the Central Authority of the Requesting State
concerning progress toward execution of the request.
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7. The Central Authority of the Requested State shall promptly inform
the Central Authority of the Requesting State of the outcome of the execution
of the request. If the request is denied, the Central Authority of the Requested
State shall inform the Central Authority of the Requesting State of the reasons
for the denial.
ARTICLE 6
Costs
The Requested State shall pay all costs relating to the execution of the
request, except for the fees of expert witnesses, the cost of translation,
interpretation, and transcription, and the allowances and expenses related to
travel of persons pursuant to Articles 10 and 11, which costs, fees, allowances,
and expenses shall be paid by the Requesting State.
ARTICLE 7
Limitations on Use
1. The Central Authority of the Requested State may request that the
Requesting State not use any information or evidence obtained under this Treaty
in any investigation, prosecution, or proceeding other than that described in the
request without the prior consent of the Central Authority of the Requested
State. In such cases, the Requesting State shall comply with the conditions.
2. The Central Authority of the Requested State may request that
information or evidence furnished under this Treaty be kept confidential or be
used only subject to terms and conditions it may specify. If the Requesting
State accepts the information or evidence subject to such conditions, the
Requesting State shall use its best efforts to comply with the conditions.
3. Nothing in this Article shall preclude the use or disclosure of
information to the extent that there is an obligation to do so under the Constitution
of the Requesting State in a criminal prosecution. The Requesting State shall
notify the Requested State in advance of any such proposed disclosure.
4. Information or evidence which has been made public in the Requesting
State in accordance with paragraph 1 or 2 may thereafter be used for any purpose.
ARTICLE 8
Testimony or Evidence in the Requested State
1. A person in the Requested State from whom testimony or evidence is
requested pursuant to this Treaty shall be compelled, if necessary, to appear and
testify or produce items, including documents, records, and articles of evidence.
Mutual Assistance (Agreement between Trinidad and Tobago and
the United States of America) Order
[Subsidiary]
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2. Upon request, the Central Authority of the Requested State shall
furnish information in advance about the date and place of the taking of the
testimony or evidence pursuant to this Article.
3. The Requested State shall permit the presence of such persons as
specified in the request during the execution of the request, and shall allow
such persons to question the person giving the testimony or evidence.
4. If the person referred to in paragraph 1 asserts a claim of immunity,
incapacity or privilege under the laws of the Requesting State, the testimony or
evidence shall nonetheless be taken and the claim made known to the Central
Authority of the Requesting State for resolution by the authorities of that State.
5. Evidence produced in the Requested State pursuant to this Article or
which is the subject of testimony taken under this Article may be authenticated
by an attestation, including, in the case of business records, authentication in the
manner indicated in Form A appended to this Treaty. Documents authenticated
by Form A shall be admissible in evidence in the Requesting State.
ARTICLE 9
Records of Government Agencies
1. The Requested State shall upon request provide the Requesting State
with copies of publicly available records, including documents or information
in any form, in the possession of government departments and agencies in the
Requested State.
2. The Requested State may provide copies of any documents, records,
or information which are in the possession of a government department or
agency in that State, but which are not publicly available, to the same extent
and under the same conditions as such copies would be available to its own
law enforcement or judicial authorities. The Requested State may in its
discretion deny a request pursuant to this paragraph entirely or in part.
3. Official records produced pursuant to this Article may be
authenticated by the official in charge of maintaining them through the use of
Form B appended to this Treaty. No further authentication shall be necessary.
Documents authenticated under this paragraph shall be admissible in evidence
in the Requesting State.
ARTICLE 10
Testimony in Requesting State
1. When the Requesting State requests the appearance of a person in that
State, the Requested State shall invite the person to appear before the appropriate
UNOFFICIAL VERSION
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authority in the Requesting State. The Requesting State shall indicate the
extent to which the expenses will be paid. The Central Authority of the
Requested State shall promptly inform the Central Authority of the Requesting
State of the response of the person.
2. The Central Authority of the Requesting State may, in its discretion,
determine that a person appearing in the Requesting State pursuant to this
article shall not be subject to service of process, or be detained or subjected to
any restriction of personal liberty, by reason of any acts or convictions which
preceded his departure from the Requested State.
3. The safe conduct provided for by this Article shall cease seven days
after the Central Authority of the Requesting State has notified the Central
Authority of the Requested State that the person’s presence is no longer required,
or when the person, having left the Requesting State, voluntarily returns. The
Central Authority of the Requesting State may, in its discretion, extend this period
for up to fifteen days if it determines that there is good cause to do so.
ARTICLE 11
Transfer of Persons in Custody
1. A person in the custody of the Requested State whose presence in the
Requested State is sought for purposes of assistance under this Treaty shall be
transferred from the Requested State to the Requesting State for that purpose
if the person consents and if the Central Authorities of both States agree.
2. A person in the custody of the Requesting State whose presence in the
Requested State is sought for purposes of assistance under this Treaty may be
transferred from the Requesting State to the Requested State if the person
consents and if the Central Authorities of both States agree.
3. For purposes of this Article—
(a) the receiving State shall have the authority and the obligation
to keep the person transferred in custody unless otherwise
authorised by the sending State;
(b) the receiving State shall return the person transferred to the
custody of the sending State as soon as circumstances permit
or as otherwise agreed by both Central Authorities;
(c) the receiving State shall not require the sending State to
initiate extradition proceedings for the return of the person
transferred; and
(d) the person transferred shall receive credit for service of the
sentence imposed in the sending State for time served in the
custody of the receiving State.
Mutual Assistance (Agreement between Trinidad and Tobago and
the United States of America) Order
[Subsidiary]
62 Chap. 11:24 Mutual Assistance in Criminal Matters
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UNOFFICIAL VERSION
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ARTICLE 12
Location or Identification of Persons or Items
The Requested State shall use its best efforts to ascertain the location or
identity of persons or items specified in the request.
ARTICLE 13
Service of Documents
1. The Requested State shall use its best efforts to effect service of any
document relating, in whole or in part, to any request for assistance made by
the Requesting State under the provisions of this Treaty.
2. The Requesting State shall transmit any request for the service of a
document requiring the appearance of a person before an authority in the
Requesting State a reasonable time before the scheduled appearance.
3. The Requested State shall return a proof of service in the manner
specified in the Request.
ARTICLE 14
Search and Seizure
1. The Requested State shall execute a request for the search, seizure,
and delivery of any item to the Requesting State if the request includes the
information justifying such action under the laws of the Requested State.
2. Upon request, every official who has custody of a seized item shall
certify, through the use of Form C appended to this Treaty, the continuity of
custody, the identity of the item, and the integrity of its condition. No further
certification shall be required. The certificates shall be admissible in evidence
in the Requesting State.
3. The Central Authority of the Requested State may require that the
Requesting State agree to the terms and conditions deemed to be necessary to
protect bona fide third party interests in the item to be transferred.
ARTICLE 15
Return of Items
The Central Authority of the Requested State may require that the Central
Authority of the Requesting State return any items, including documents,
records, or articles of evidence furnished to it in execution of a request under
this Treaty as soon as possible.
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ARTICLE 16
Assistance in Forfeiture Proceedings
1. If the Central Authority of one Contracting Party becomes aware of
proceeds or instrumentalities of offences which are located in the territory of
the other Party and may be restrainable, forfeitable, or otherwise subject to
seizure under the laws of that Party, it may so inform the Central Authority of
the other Party. If that other Party has jurisdiction in this regard, it may present
this information to its authorities for a determination whether any action is
appropriate. These authorities shall issue their decision in accordance with the
laws of their country, and shall, through their Central Authority, report to the
other Party on the action taken.
2. The Contracting Parties shall assist each other to the extent permitted
by their respective laws in proceedings relating to restraint, forfeiture, and
confiscation of the proceeds and instrumentalities of offences, restitution to
the victims of crime, and the collection of fines imposed as sentences in
criminal prosecutions. This may include action to temporarily restrain the
proceeds or instrumentalities pending further proceedings.
3. The Party that has custody over proceeds or instrumentalities of
offences shall dispose of them in accordance with its laws. Either Party may
transfer all or part of such assets, or the proceeds of their sale, to the other
Party, to the extent permitted by the transferring Party’s laws or as otherwise
agreed and upon such terms as it deems appropriate.
ARTICLE 17
Compatibility with other Treaties
Assistance and procedures set forth in this Treaty shall not prevent either
Contracting Party from granting assistance to the other Party through the
provisions of other applicable international agreements, or through the
provisions of its national laws. The Parties may also provide assistance pursuant
to any bilateral arrangement, agreement, or practice which may be applicable.
ARTICLE 18
Consultations
The Central Authorities of the Contracting Parties shall consult, at times
mutually agreed to by them, to promote the most effective use of this Treaty.
The Central Authorities may also agree on such practical measures as may be
necessary to facilitate the implementation of this Treaty.
Mutual Assistance (Agreement between Trinidad and Tobago and
the United States of America) Order
[Subsidiary]
64 Chap. 11:24 Mutual Assistance in Criminal Matters
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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the United States of America) Order
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53/2003.
Citation.
Agreement to
have force of
law.
Schedule.
MUTUAL ASSISTANCE (AGREEMENT BETWEEN
TRINIDAD AND TOBAGO AND
THE UNITED KINGDOM) ORDER
made under section 40(1A)
1. This Order may be cited as the Mutual Assistance
(Agreement between Trinidad and Tobago and the United
Kingdom) Order.
2. The Agreement between the Government of the Republic
of Trinidad and Tobago and the Government of the United
Kingdom of Great Britain and Northern Ireland concerning
mutual assistance in relation to crime, specified in the Schedule,
shall have the force of Law in Trinidad and Tobago.
ARTICLE 19
Ratification, Entry into Force and Termination
1. This Treaty shall enter into force when both Parties have notified
each other through an exchange of diplomatic notes of the completion of their
respective requirements for entry into force.
2. Either Party may terminate this Treaty by means of written notice to
the other Party. Termination shall take effect six months following the date
of notification.
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SCHEDULE
AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF TRINIDAD AND TOBAGO AND THE
GOVERNMENT OF THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND CONCERNING
MUTUAL ASSISTANCE IN RELATION TO CRIME
The Government of the Republic of Trinidad and Tobago and the
Government of the United Kingdom of Great Britain and Northern Ireland;
Desiring to intensify their collaboration in the investigation, prosecution
and suppression of serious crime through co-operation and mutual legal
assistance in criminal matters;
Have agreed as follows:
ARTICLE 1
Scope of Application
1. The parties shall, in accordance with this agreement, grant to each
other assistance in investigations and proceedings in respect of crime including
the tracing, restraint and confiscation of the proceeds and instrument of crime.
2. This Agreement shall be without prejudice to other obligations
between the Parties pursuant to other agreements and shall not prevent the
Parties or their law enforcement agencies from providing assistance to each
other pursuant to other agreements of formal or informal arrangement.
ARTICLE 2
Definitions
For the purposes of this Agreement—
(a) “confiscation” means any measure resulting in the final
deprivation of property including forfeiture and
“confiscation order” includes a forfeiture order;
(b) “instrument of crime” means any property which is or is
intended to be used in connection with the commission of
an offence;
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(c) “proceeds of crime” means any property derived or realised,
directly or indirectly, by any person as a result of criminal
activity, or the value of any such property;
(d) “property” includes money and all kinds of moveable or
immovable and tangible or intangible property, and includes
any interest in such property;
(e) “restraint of property” means any legal measure for the
prevention of dealing in or transfer or disposal of property;
(f) “order” includes any order, decree, direction or judgment of
a Court, or any part thereof, however described.
ARTICLE 3
Central Authorities
1. Requests for assistance under this Agreement shall be made through
the Central Authorities of the Parties.
2. In the Republic of Trinidad and Tobago the Central Authority is the
Attorney General or a person designated by him. In the United Kingdom the
Central Authority is the Secretary of State for the Home Department or a
person designated by him.
ARTICLE 4
Contents of Requests
1. Requests shall be made in writing. In urgent circumstances, or where
otherwise permitted by the Requested Party, requests may be made by
facsimile transmission or other electronic method but shall be confirmed in
writing as soon as possible thereafter.
2. Requests for assistance shall include a statement of—
(a) the name of the competent authority conducting the
investigation or proceedings to which the request relates;
(b) the matters, including the relevant facts and laws, to which
the investigation or proceedings relate;
(c) the purpose for which the request is made and the nature of
the assistance sought;
(d) details of any particular procedure or requirement that the
Requesting Party wishes to be followed;
(e) any time limit within which compliance with the request is
desired;
(f) the identity, nationality and location of the person or persons
who are the subject of the investigation or proceedings.
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3. If the Requested Party considers that the information contained in the
request is not sufficient to enable the request to be dealt with, that Party may
request that additional information be furnished by the Requesting Party.
ARTICLE 5
Execution of Requests
1. A request shall be executed as permitted by and in accordance with
the domestic law of the Requested Party and, to the extent not incompatible
with such law, in accordance with any requirements specified in the request.
2. The Requested party shall inform the Requesting Party of any
circumstances which are likely to cause a significant delay in responding to
the request.
3. The Requested Party shall inform the Requesting Party of a decision
of the Requested Party not to comply in whole or in part with a request for
assistance and the reason for the decision.
4. The Requesting Party shall inform the Requested Party of any
circumstances which may affect the request or its execution or which may
make it inappropriate to proceed with giving effect to it.
5. Any action taken under this Article shall be carried out as promptly
as possible.
ARTICLE 6
Refusal of Assistance
1. Assistance may be refused if—
(a) the Requested Party is of the opinion that the request, if
granted, would seriously impair its sovereignty, security,
national interest or would be unreasonable on other grounds; or
(b) provision of the assistance sought could prejudice an
investigation or proceedings in the territory of the Requested
Party, prejudice the safety of any person or impose an
excessive burden on the resources of that Party; or
(c) the action sought is contrary to principles of the law of the
Requested Party; or
(d) the request concerns restraint or confiscation of proceeds or
instruments of an activity which, had it occurred within the
jurisdiction of the Requested Party, would not have been an
activity in respect of which a confiscation order could be
made; or
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(e) the request relates to an offence in respect of which the
person has been finally acquitted, pardoned, or made subject
to an amnesty; or
(f) the request relates to a confiscation order which has
been satisfied.
2. Before refusing to grant a request for assistance, the Requested Party
shall consider whether assistance may be granted subject to such conditions as
it deems necessary. If the Requesting Party accepts assistance subject to
conditions, it shall comply with such conditions.
ARTICLE 7
Confidentiality and Restricting Evidence and Information
1. The Requested Party shall, to any extent requested, keep confidential
a request for assistance, its contents and any supporting documents, and the fact
of granting such assistance except to the extent that disclosure is necessary to
execute the request. If the request cannot be executed without breaching
confidentiality, the Requested Party shall so inform the Requesting Party which
shall then determine the extent to which it wishes the request to be executed.
2. The Requesting Party shall, if so requested, keep confidential any
evidence and information provided by the Requested Party, except to the extent
that its disclosure is necessary for the proceeding described in the request.
3. The Requesting Party shall not use for purposes other than those
stated in a request evidence or information obtained as a result of such a
request, without the prior consent of the Requested Party.
ARTICLE 8
Information and Evidence
1. The Parties may make requests for information and evidence for the
purpose of an investigation or proceedings including the tracing, restraint and
confiscation of the proceeds and instruments of crime.
2. Assistance which may be given under this Article includes but is not
limited to—
(a) providing information and documents or copies thereof;
(b) taking evidence or statements of witnesses or other persons
and producing documents, records, or other material for
transmission to the Requesting Party;
(c) searching for, seizing and delivering to the Requesting Party
any relevant material, and providing such information as may
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be required by the Requesting Party concerning the place of
seizure, the circumstances of seizure and the subsequent
custody of the material seized prior to delivery;
(d) the transfer of persons, including persons in custody, for
the purpose of assisting in investigations or giving evidence
in proceedings.
3. The Parties shall consult to determine the terms and conditions under
which a person shall be transferred pursuant to paragraph (2)(d) above.
4. A person requested to testify and produce documents, records or
objects in the territory of the Requested Party shall be compelled, if necessary,
to appear and testify and produce such documents, records or objects, to the
extent permitted by the law of the Requested Party.
5. The Requested Party may postpone the delivery of material requested
if such material is required for proceedings in respect of criminal or civil
matters in its territory. The Requested Party shall, upon request, provide
certified copies of documents.
6. Where required by the Requested Party the Requesting Party shall
return material provided under this Article when no longer needed for the
purpose for which it was supplied.
ARTICLE 9
Restraint
1. In accordance with the provisions of this Article, a Party may request
the restraint of property to ensure that it is available for the purpose of
enforcement of a confiscation order which has been or may be made.
2. In addition to the requirements of Article 4(2), a request made under
this Article shall include—
(a) (i) in the case of a request from the Republic of Trinidad
and Tobago, a certificate issued by the Central
Authority stating that an information or complaint has
been laid before a magistrate, or that a person has been
charged with an offence, or a bill of indictment has
been preferred, or a warrant of arrest has been
executed against a person, or that one of these
measures is to be taken and, if so, when;
(ii) in the case of a request from the United Kingdom, a
certificate issued by the Central Authority stating that
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an information has been laid before a Justice of the
Peace, or a person has been charged with an offence,
or a bill of indictment has been preferred, or a petition
warrant has been granted, or that one of these
measures is to be taken and, if so, when;
(b) either—
(i) where a confiscation order has not been made, a
summary of the facts of the case (including the extent
known, the date, place and circumstances of the
offence and information about proceeds derived from
it), a copy of the relevant enactments of the Requesting
Party under which a confiscation order may be made in
the case, and a copy of any relevant restraint order; or
(ii) where a confiscation order has been made, a certified
copy of that order;
(c) to the extent possible, a description of the property in respect
of which restraint is sought or which is believed to be
available for restraint;
(d) details of the person or persons holding the property;
(e) the connection between the property and the person against
whom the proceedings have been or are to be instituted;
(f) where known, details of any link between the property held
in the territory of the Requested Party and the proceeds of
criminal conduct;
(g) where known, details of interests in the property of any
person other than the person against whom the proceedings
have been or are to be instituted; and
(h) where appropriate, a statement of the amount which it is desired
to restrain and the grounds on which this amount is estimated.
3. Each Party shall advise the other promptly of any appeal or variation
made in respect of any restraint action requested or taken.
4. The Requested Party may impose a condition limiting the duration of
the restraint. The Requested Party shall notify the Requesting Party promptly
of any such condition, and the reason for it.
ARTICLE 10
Enforcement of Confiscation Orders
1. This Article applies to an order, made by a Court of the Requesting
Party, for the purpose of confiscation of the proceeds or instruments of crime.
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2. In addition to the requirements of Article 4(2), a request for assistance
in enforcing such an order shall be accompanied by an original order or by a
copy of the order, certified by a judge or officer of the Court that made the order
or by the Central Authority, and shall contain information indicating:
(a) that the order is enforceable in the territory of the Requesting
Party;
(b) that no appeal is pending in respect of the order or any
conviction to which that order may relate;
(c) that the person against whom the order was made appeared
in the Court proceedings or, if not, received notice thereof, in
accordance with the law of the Requesting Party, in sufficient
time to defend them;
(d) where appropriate, property available for enforcement or the
property in respect of which assistance is sought, details of
the person or persons holding that property and the
relationship between that property and the person against
whom the order has been made;
(e) where appropriate, and where known, the interest in the
property of any person other than the person against whom
the order has been made;
(f) where appropriate, the amount which it is desired to realise
as a result of such assistance; and
(g) where known, details of any link between the property held
in the territory of the Requested Party and the proceeds of
criminal conduct.
3. When the law of the Requested Party does not permit effect to be
given to a request in full, the Requested Party shall give effect to it in so far as
it is able to do so, and shall inform the Requesting Party accordingly.
4. Property obtained by the Requested Party in the enforcement of an
order to which this Article applies shall remain with that Party, unless
otherwise agreed between the Parties.
5. In the case of property which represents the proceeds of drug
trafficking, the Parties undertake to consult with each other to determine
whether a share of that property may be returned to the Requesting Party.
ARTICLE 11
Costs
The Requested Party shall bear any costs arising within its territory as a
result of action taken upon the request of the Requesting Party. Extraordinary
costs may be subject to special agreement between the Parties.
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ARTICLE 12
Authentication
Unless otherwise required under national law, and without prejudice to
Article 10(2), documents certified by a Central Authority shall not require further
certification, authentication or legalisation for the purposes of this Agreement.
ARTICLE 13
Territorial Application
This Agreement shall apply:
(a) to the Republic of Trinidad and Tobago; and
(b) in relation to the United Kingdom—
(i) to England and Wales, Scotland and Northern Ireland;
(ii) to any territory for the international relations of which
the United Kingdom is responsible and to which this
Agreement shall have been extended, subject to any
modifications agreed, by agreement between the
Parties. Such extension may be terminated by either
party by giving six months’ written notice to the other
through the diplomatic channel.
ARTICLE 14
Final Provisions
1. Each Party shall notify the other of the completion of the
Constitutional formalities required by its laws for the entry into force of this
Agreement. This Agreement shall enter into force on the first day of the month
following the expiration of one calendar month after the date of the latter of
the two notifications.
2. This Agreement may be terminated by either Party by giving written
notice to the other Party through the diplomatic channel. It shall cease to be in
force six months after the date of receipt of such notice.
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