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Sample Request Form

Introduction

The (set out the name of the authority making the request, i.e. the Attorney General, the Director of Public Prosecutions, etc) is (conducting criminal proceedings! investigating) respecting alleged violations of the law of the Republic of Trinidad and Tobago, namely (set out the offences, i. e. fraud, drug trafficking, money laundering, etc.) contrary to section(s) of the (identify the relevant legislation and provisions). The violations are alleged to have been committed by (identify as precisely as possible the subject(s) of the

Investigation or prosecution, including name, date of birth, address, etc.)

In relation to this (criminal proceeding or 1nvestigation)(identify the authority making the request) requires assistance (briefly describe the nature of the evidence requested, i.e. obtaining certified copies of documents or records, taking of statements, transfer of prisoner, obtaining telephone toll records etc.). This assistance is required because (describe very generally why evidence is needed i.e. as evidence for use in the anticipated prosecution, to identify alleged co-conspirators, to trace the proceeds of alleged criminal activity, etc.)

The Central Authority hereby certifies that this request relates to a criminal proceedings (which has been instituted or into which an investigation has been commenced) in the Republic of Trinidad and Tobago.

Summary of the Law

(In this section, identify and set out the full text of all relevant provisions under investigation and/or prosecution in Trinidad and Tobago. Include the applicable penalty provisions.

Bear in mind that section 16 of the Act places restrictions on the use of the evidence or information obtained pursuant to a request. Furthermore, bilateral treaties generally contain limitation of use provisions, i. e. article 7(2) of the Treaty between the Republic o Trinidad and Tobago and the United States of America.)

Summary of the Criminal Proceedings

This section should briefly describe the nature of the criminal proceedings (investigation, or prosecution) and provide a

summary of the relevant allegations. This potion of the request should make it clear to the requested country why the

particular assistance is being sought.

For example, where the request seeks to take evidence from a person, the summary of the criminal proceedings should give

a clear indication of the reason that this evidence is relevant to the criminal proceedings.

For example, where the request seeks records from a financial institution, the summary of the criminal proceedings should

give a clear indication why these records are relevant to the criminal proceedings. Simply stating that the person to whom

the criminal proceedings relate is believed to have an account in the requested country is not sufficient.

Request Portion

The Authorities of Republic of Trinidad and Tobago require the following assistance:

(This section should set out in very specific terms exactly what is being sought from the requested country, including any certification requirements.)

1. where records or documents are requested, to the extent possible, identify the particular document sought (ie. hotel registration records, telephone toll records, signature cards, account opening statements, etc.)

Where necessary, set out the details of any particular procedure or requirement that must be followed in order that the evidence i. e. the records, documents, will be admissible in criminal proceedings in Trinidad and Tobago. Append a draft "fill in the blank" document for completion by the Authorities in the requested country.

2. in the case of a request to take evidence from a person, clearly

- describe the subject matter of the evidence or statement sought (a list of specific questions is a good idea)

- state whether you wish the person compelled to attend or whether authorities should attempt to secure a statement on a voluntary basis

- include instructions as to whether a sworn or affirmed statement is required -specify whether investigators/prosecution authorities from Trinidad and Tobago wish to attend and participate in the questioning of the person, to the extent permitted by the law in the requested country, and set out why their attendance is necessary and/or desirable.

3. in the case of a request seeking real evidence, clearly specify if any analysis or testing be done, what the nature of the analysis or testing will be and specify the commitment, if any, of returning the evidence to the requested country.

[the Act, section 7]

4. in the case of a request .for search and seizure, identify precisely the location to be searched and the evidence to be seized.

[the Act, section 8]

5. where assistance is being sought in obtaining the transfer of a detained person, the request should specify the subject matter on which it is desired to examine the detained person and the reasons for which the person's personal appearance is required.

The request should also identify the prisoner's place of incarceration, set out the arrangements made for the transfer of the prisoner, in whose custody the prisoner will be while in Trinidad and Tobago and specify when the prisoner is required and the length of stay in Trinidad and Tobago, In making your request, bear in mind that time is required to arrange the logistics of transfer and to obtain the necessary order in the requested country. Also, keep in mind the exigencies of the trial process and allow for some leeway.

[the Act, section 12]

6. where assistance is sought to serve any document on a person or authority, the request should clearly set out upon whom the document is to be served, the location of the person or authority, details of any particular procedure i.e. personal service, registered mail and append a draft 'fill in the blank' affidavit/certificate.

[the Act, section 14]

7. where assistance is sought in identifying, locating or assessing property believed on reasonable grounds to have been derived from the commission of a serious offence, all available information should be provided.

[the Act, section 18]

8. where assistance is sought to enforce a restraining order, a confiscation order, or a forfeiture order made in the Republic of Trinidad and Tobago, all available information which would assist the requested country in enforcing the order should be provided including certified copies of the orders made by the Court.

[the Act, section 19]

9. where assistance is sought to restrain the dealings with identified property or benefits, the request should only request restraint with respect to property or benefits which can be demonstrated on reasonable grounds to be derived or obtained from the commission of a serious offence.

[the Act, section 20]

Time Constraints

(Identify any time limits within which compliance with the request is desired and the reason for those time constraints. If you face limitation periods, set out the precise dates.)

Confidentiality

(The need and reasons for confidentiality should be expressly set out. The process of executing the request in the foreign country may require its disclosure. For instance, a copy of the request may be filled with the court in support of the application to gather the evidence and be accessible by the public or the request may be provided to those from whom evidence is requested)

Contact names

(In order to expedite the execution of the request, the request should include the name(s) and contact number(s) for key law enforcement officials/prosecution authorities in the Republic of Trinidad and Tobago familiar with the request. The foreign authority may wish to contact the law enforcement officials/prosecution authorities to seek clarification or obtain additional information.

Dated at Port of Spain, in the Republic of Trinidad and Tobago this day of 2003.

________________________

(name of counsel and title)

Central Authority

For the Attorney General of the Republic of

Trinidad and Tobago