Summary of the Mutual Assistance Act,
1997 of the Republic of Trinidad and Tobago
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NATURE OF REQUEST
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INFORMATION TO BE PROVIDED BY THE
REQUESTING GOVERNMENT
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A request for assistance must -
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specify the assistance requested; be
initiated by a judge, magistrate, the Director of Public
Prosecutions or a law enforcement agency; identify the person,
agency or authority that initiated the request; state any wishes of
the country concerning the confidentiality of the request and the
reasons for those wishes; state any period within which the country
wishes the request to be complied with; 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 contain such information as is
available to the central authority for the country, as will
facilitate compliance with the request.
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NATURE OF REQUEST
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INFORMATION TO BE PROVIDED
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Where the assistance requested by a
Commonwealth country is for the purposes of criminal proceedings,
the request-
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shall be accompanied by the
certificate, in relation to the criminal proceedings, that is
referred to the definition of criminal proceedings and; shall- give
details of the proceedings and the offence concerned, including a
summary of the known facts; give the identity, if known, of the
person to whom the proceedings relate or would relate; and if the
proceedings have been instituted, state the stage reached in the
proceedings and, where applicable, identify the court exercising
jurisdiction.
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NATURE OF REQUEST
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INFORMATION TO BE
PROVIDED
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A request for assistance from
Trinidad and Tobago in obtaining evidence or information relevant
to any criminal proceedings in the Commonwealth country making the
request shall-
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give details of the procedure that
the requesting country wishes to be followed in giving effect to
the request, including details of the manner and form in which any
evidence or information is to be supplied to that country; where
relevant, indicate whether any person, from whom evidence is to be
taken, is to be examined- orally or in writing; under oath; in the
presence of his legal representative; or in the presence of the
person to whom any relevant proceedings in that country relate;
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; where the 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 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.
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NATURE OF REQUEST
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INFORMATION TO BE
PROVIDED
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A Request 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 shall:
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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
authorization to effect a seizure of that article or
thing.
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A request 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, shall:
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Identify the subject on whom evidence or
information is to be provided and state the reasons for requiring
the personal appearance of the prisoner.
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A request seeking the 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 shall:
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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 provide of outstanding warrants or other judicial orders in
criminal matters against that person.
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NATURE OF REQUEST
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INFORMATION TO BE
PROVIDED
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A request seeking assistance by
Trinidad and Tobago in identifying, locating or assessing the value
or amount of property in Trinidad and Tobago shall:
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be accompanied by a certificate
given by the Attorney-General of a Commonwealth country to the
effect that: a person in that country has been charged with, or
convicted of, a specified serious offence; or a person in that
country is suspected, on reasonable grounds of having committed a
specified offence, and 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.
give details of the specified serious offence; and 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.
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NATURE OF
REQUEST
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INFORMATION TO BE
PROVIDED
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A request that an order made in a
Commonwealth country be enforced in accordance with the laws of
Trinidad and Tobago and to that end Trinidad and Tobago give
appropriate assistance should :
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1. be accompanied by the certificate given
by the Attorney General to the effect that : (a) an order is
made in a Commonwealth country- confiscating or forfeiting property
derived or obtained, directly or indirectly, from the commission of
a specified serious offence; 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 restraining
dealings with property which is, or is suspected on reasonable
grounds of being property so derived or obtained; in the case of
(1)(a)(ii) above, 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; 2. state that the order is in force in the
Commonwealth territory; 3. state that the order is not subject to
appeal. 4. be accompanied by a copy of the order made in the
country: sealed by the court that made the order; or duly
authenticated give details of the specified serious offence 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 7. give particulars of any amount paid or recovered
under the Order.
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NATURE OF
REQUEST
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INFORMATION TO BE
PROVIDED
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Request 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 should:
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be accompanied by a certificate
given by the Attorney-General to the effect that: a named person
has been, or is likely to be charged with, or has been convicted
of, a specified serious offence; and an order has been, or is
likely to be made that has or, will have, the effect under the laws
of that country- of confiscating or forfeiting property derived or
obtained, directly or indirectly, by that person from the
commission of the serious offence; or of imposing on that person a
pecuniary penalty calculated by reference to the value of the
property so derived or obtained and in the case of 1(b)(ii) above,
that the person against whom the order was made appeared in the
proceedings or, if he did not do so, that he received notice of the
proceedings in sufficient time to enable him to defend them; if an
order has been made, state that the order is not subject to appeal;
if relevant, state the grounds for believing that an order is
likely to be made; give details of the serious offence in respect
of which the order was or, is likely to be made and 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.
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OTHER RELEVANT
INFORMATION WITH REGARD TO MUTUAL LEGAL ASSISTANCE IN CRIMINAL
MATTERS
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 the Commonwealth country under this Act that:
the request meets the
requirements of this Act; or
the acceptance of the
request was duly made under and in accordance with this
Act.
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.
3. If, in the opinion of
the Central Authority, the expenses involved in complying with a
request for assista1nce 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.
4. 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.
5. A request for assistance
under this Act, duly made by a Commonwealth country shall be
refused if, in the opinion of the Central
Authority:
the request relates to the
prosecution or punishment of a person for an offence that is, or by
reason of the circumstances in which it is alleged to have been
committed or was committed, an offence of a political character
(Under the Act, an offence is not an offence of a political
character if it an offence within the scope of an 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);
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;
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;
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;
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;
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;
the request is for a
transfer of a prisoner but the prisoner does not consent to a
transfer;
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
lawfully be taken;
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;
the request relates to an
offence which in the requesting state is an offence only under
military law or a law relating to military obligations;
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
it would be contrary to the
laws of Trinidad and Tobago
6. 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-
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;
the request relates to the
prosecution or punishment of a person in respect of conduct that
occurred, or is alleged to have occurred, outside the 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;
the request relates to the
prosecution or punishment of 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;
the request was made by a
special or ad hoc tribunal;
the provision of the
assistance would impose an excessive burden on the resources of
Trinidad and Tobago;
any conditions, exceptions
or qualifications imposed pursuant to section 4 in relation to the
Commonwealth country, prevent the request from being accepted
(Under S.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);
the request does not meet
the requirements of the First Schedule; or,
there are other reasonable
grounds for doing so;
