Part 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 6 Assistance in obtaining evidence

Where there are reasonable grounds to believe that evidence or information relevant to a criminal matter may be obtained if, in a Commonwealth country,

(a) evidence is taken from a person;

(b) information is provided;

(c) any

(i) person,

(ii) sample, specimen or other item from, or provided by a person, or

(iii) remains which are, or may be human, is or are subjected to any examination or test;

(d) judicial records or official records are produced, copied or examined;

(e) any record or article is produced, copied or examined;

(f) samples of any matter or thing are taken, examined or tested; or

(g) any building, place or thing is viewed or photographed, a request may be transmitted requesting that assistance be given by the country in so obtaining the evidence or information.

Part 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 7 Assistance in locating or identifying persons

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 matter, is in a Commonwealth country, a request may be transmitted requesting that assistance be given by the country in locating that person or, if his identity is unknown, in identifying and locating him.

Section 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 8 Assistance in obtaining article or thing by search and seizure if necessary

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 matter, a request may be transmitted requesting that assistance be given by the country in obtaining, by search and seizure if necessary, the article or thing.

Part 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 9 Assistance in arranging attendance of person

Where there are reasonable grounds to believe that a person in a Commonwealth country could give or provide evidence or assistance relevant to a criminal matter, a request may be transmitted requesting that assistance be given by the country in arranging the attendance of the person in Barbados to give or provide that evidence, or assistance.

Part 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 10 Assistance by transferring prisoner

(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 a criminal matter, a request may be transmitted requesting the country to transfer the prisoner to Barbados to give or provide that evidence or assistance.

(2) Where, pursuant to a request under subsection (1), a prisoner is transferred to Barbados from a Commonwealth country subject to conditions with respect to his custody, release or return, or with respect to any other matter, the central authority for Barbados shall, unless and to the extent that the Commonwealth country waives their observance, take the necessary steps to ensure that the conditions are observed.

(3) Where any condition such as is referred to in subsection (2) requires that a prisoner be kept in custody while in Barbados, the prisoner shall, while in Barbados or travelling to or from Barbados pursuant to the request, be kept in such custody as may be prescribed.

(4) Nothing in this section shall be construed as conferring rights on a prisoner.

(5) In this section “prisoner” in relation to a Commonwealth country, means

(a) a person who

(i) is being held in custody pending trial for or sentence for, or

(ii) is under sentence of imprisonment for an offence against the law of that country; or

(b) is subject to any limitation on his personal liberty pursuant to that law

Part 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 11 Assistance in serving documents

Where, for the purposes of, or in connection with, a criminal matter, it is necessary or desirable to serve any document on a person or an authority in a Commonwealth country, a request may be transmitted requesting that assistance be given by the country in effecting the service.

Part 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 14 Assistance in tracing property

Where

(a) in Barbados a person

(i) has been charged with, or convicted of, a serious offence; or

(ii) is suspected, on reasonable grounds, of having committed such an offence; and

(b) property or benefits derived or obtained, directly or indirectly, from the commission of that offence is suspected, on reasonable grounds, to be in a Commonwealth country,

a request may be transmitted requesting that assistance be given by the Commonwealth country in accordance with the law of that country in identifying, locating or assessing the value or amount of the property or benefits.

Part 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 15 Assistance in relation to certain orders

(1) Where

(a) in Barbados

(i) a restraining order has been made restraining dealings with identified property which is, or is suspected on reasonable grounds of being, property derived or obtained, directly or indirectly, from the commission of a serious offence, or

(ii) a confiscation order or a forfeiture order has been made confiscating or forfeiting property or benefits derived or obtained, directly or indirectly, from the commission of a serious offence, or

(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 the 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 order or confiscation order or pecuniary penalty 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 law of the Commonwealth country and that, to that end, the country give appropriate assistance.

Part 3 Requests by Commonwealth Countries to Barbados for Assistance

Article 19 Assistance to country in obtaining evidence

(1) This section applies where a request is transmitted requesting assistance by Barbados in obtaining, by any of the means stated in section 6, evidence or information relevant to a criminal matter in relation to the Commonwealth country making the request, and the request is accepted.

(2) Subject to this section, regulations may prescribe practices and procedures for obtaining evidence or information pursuant to a request for assistance under this section by a Commonwealth country.

(3) A person from whom evidence is taken in Barbados pursuant to a request for assistance under this section by a Commonwealth country

(a) may refuse to answer a question if

(i) the refusal is based on the law of Barbados,

(ii) to require the person to answer the question would constitute a breach of privilege recognised by the law of the Commonwealth country, or

(iii) to answer the question would constitute the commission by the person of an offence against the law of the Commonwealth country; and

(b) shall not be compelled to give or provide evidence or information for the purposes of, or in connection with, a criminal matter other than that to which the request relates.

(4) Where the request for assistance under this section is to the effect that evidence or information be obtained by the means stated in section 6(d) copies of records not publicly available may be produced, copied or examined only to the extent that they could be produced to, or examined by, enforcement agencies or prosecuting or judicial authorities in Barbados.

Part 3 Requests by Commonwealth Countries to Barbados for Assistance

Article 20 Assistance to country in locating or identifying person

(1) This section applies where a request is transmitted requesting assistance by Barbados in locating or identifying and locating a person believed to be in Barbados, who

(a) is or might be concerned in or affected by; or

(b) could give or provide evidence or assistance relevant to, a criminal matter in relation to the Commonwealth country making the request, and the request is accepted.

(2) Where this section applies, the central authority for Barbados shall use its best endeavours to have the person located, or identified and located, and shall inform the central authority of the Commonwealth country making the request as to the outcome of those endeavours.

Part 3 Requests by Commonwealth Countries to Barbados for Assistance

Article 21 Assistance to country in obtaining article or thing by search and seizure if necessary

(1) This section applies where a request is transmitted requesting assistance by Barbados in obtaining, by search and seizure if necessary, an article or thing in Barbados for the purposes of, or in connection with, a criminal matter in relation to 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 the Commissioner of Police, in writing, to apply to a magistrate for a search warrant in respect of the article or thing.

(3) For the purposes of subsection (2), the Commissioner of Police 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 (1) and (2) may be executed on his behalf by any member of the Police Force.

(5) The laws of Barbados with respect to the procedure for

(a) the making and disposal of an application for a search warrant; and

(b) the execution of a search warrant, apply, so far as they are capable of applying, to an application under subsection (3) and to the execution of any warrant issued pursuant to the application.

(6) The central authority for Barbados shall provide such certification as may be required by the central authority for the Commonwealth country making the request concerning the result of a search, the place and circumstances of any seizure, and the subsequent custody of the property seized.

(7) Where this section applies, the Attorney-General may give, in writing, authority to enable any article or thing obtained pursuant to a request to be removed to the Commonwealth country that made the request

Part 3 Requests by Commonwealth countries to Barbados for Assistance

Article 22 Assistance to country in arranging attendance of person

(1) This section applies where a request is transmitted requesting that assistance be given by Barbados in arranging the attendance in the Commonwealth country making the request, of a person in Barbados to give or provide evidence or assistance relevant to any criminal matter in relation to that Commonwealth country, and the request is accepted.

(2) Where this section applies, the central authority for Barbados 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.

Part 3 Requests by Commonwealth countries to Barbados for Assistance

Article 23 Assistance to country transferring prisoner

(1) This section applies where a request is transmitted requesting Barbados to transfer a prisoner in Barbados to the Commonwealth country making the request to give or provide evidence or assistance relevant to a criminal matter in relation to that Commonwealth country, and the request is accepted.

(2) Where this section applies, the central authority after consultation with the Minister responsible for Justice shall cause a prisoner to be transferred to the Commonwealth country making the request for the purpose of giving effect to the request.

(3) The central authority for Barbados 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.

(4) A 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 Barbados.

(5) In this section, “prisoner” means a person who is being held in custody pending trial for, or sentence for, or is under imprisonment for, an offence, or is subject to any limitation on his personal liberty pursuant to any law.

Part 3 Requests by Commonwealth Countries to Barbados for Assistance

Article 24 Assistance to country in serving documents

(1) This section applies where a request is transmitted requesting assistance by Barbados in effecting the service of a document on a person or an authority in Barbados for the purposes of, or in connection with, a criminal matter in relation to the Commonwealth country making the request, and the request is accepted.

(2) Where this section applies, the central authority for Barbados 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 Barbados; 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

(ii) is not served, transmit to the central authority a statement of the reasons which prevented the service.

(3) In this section, “document” does not include

(a) a subpoena; or

(b) a process

(i) requiring the attendance of a person before a court or tribunal in the Commonwealth country making the request, or

(ii) which attracts a criminal penalty or sanction for non-compliance with its requirements.

Part 3 Requests by Commonwealth Countries to Barbados for Assistance

Article 25 Assistance to country in tracing property

(1) This section applies where

(a) the central authority for a Commonwealth country transmits to the central authority for Barbados a certificate given, for the purpose of a request for assistance under this section, by a person legally qualified in the Commonwealth country, to the effect that in the country a named person

(i) has been charged with, or convicted of, a specified serious offence, or

(ii) is suspected, on reasonable grounds of having committed such a specified offence;

(b) property derived or obtained, directly or indirectly, from the commission of that offence is suspected, on reasonable grounds, to be in Barbados;

(c) a request is transmitted requesting assistance by Barbados 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 for Barbados shall

(a) use its best endeavours to give the assistance requested and, in doing so, shall invoke the powers and procedures available for that purpose; and

(b) inform the central authority for the Commonwealth country making the request as to the outcome of those endeavours.

Part 3 Requests by Commonwealth Countries to Barbados for Assistance

Article 26 Assistance to country in relation to certain orders

(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 or the pecuniary penalty under the order, or to which the order would apply, is suspected, on reasonable grounds, to be in Barbados;

(c) a request is transmitted requesting that the order concerned be enforced in accordance with the law of Barbados and that, to that end, Barbados 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 pursuant to subsection (2), the Supreme Court shall register the order if it is satisfied

(a) that at the time of registration the order is in force; and

(b) in the case of an order such as is referred to in subsection (1)(a)(ii)

(i) 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, or that he had died or absconded before such notice could be given to him, and

(ii) that the order is not subject to appeal.

(4) Where an order is registered in accordance with this section, a copy of an amendment made to the order (whether before or after registration) may be registered in the same way as the order, and the amendments do not, for the purposes of this Act have effect until they are 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 31(2)(a).

(6) The Supreme Court shall, after appropriate notice has been given to the central authority for Barbados, cancel the registration of an order made in accordance with this section if it appears to the court to have ceased to have effect in the Commonwealth country that made the request for assistance.

(7) Regulations may make provision for and with respect to the enforcement in Barbados of an order registered in accordance with this section and may, for that purpose, direct that any act shall apply in relation to the order, subject to the limitations, exceptions or restrictions (if any) as may be prescribed, and the Act shall apply accordingly.

(8) 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.

Article 27 Assistance to country in obtaining restraining order

(1) This section applies where

(a) the central authority for a Commonwealth country transmits to the central authority for Barbados a certificate given, for the purposes of a request for assistance under this section, by a person legally qualified in the Commonwealth country, to the effect that in the country

(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, as the case may be, will have, the effect under the law of the country

(A) of confiscating or forfeiting property derived or obtained, directly or indirectly, from the commission of the serious offence, or

(B) of imposing on that named 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 Barbados;

(c) a request is transmitted requesting that an order be made in accordance with the law of Barbados restraining dealings with property and that, to that end, Barbados 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 to secure the making of an order of the kind requested.

(3) Regulations may make provision for, and with respect to, the implementation of a request under this section, and may for that purpose direct that any Act shall apply in relation to any such request, subject to limitations, exceptions or restrictions (if any) as may be prescribed; and the Act shall apply accordingly.

Second Schedule

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 11 Identifying and Locating Persons and Objects

(1) Requests may be made under this Treaty for assistance in identifying or locating persons and objects believed to be within the territory of the requested State.

(2) In making such a request, the requesting State shall indicate in writing the purpose for which such assistance or cooperation is being sought and shall provide such information as is available to it as to the whereabouts of the person or object to which the request pertains and any other information which may facilitate the identification of the person or object.

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 12 Service of Documents

1. The requested State shall effect service of any document relating to or forming part of any request for assistance properly made under the provisions of this Treaty transmitted to it for this purpose by the requesting State; provided that the requested State may, in its discretion, decline to serve any subpoena or other process requiring the attendance of any person before any authority or tribunal in the requesting State.

2. Any request under this Article for assistance in the service of a document requiring the appearance of a person before an authority in the requesting State shall be transmitted to the requested State within a reasonable time before the scheduled appearance.

3. The central authority of the requested State shall endeavor to have the documents served by any:

(a) method prescribed by the law of that State for the service of documents in criminal proceedings; or

(b) particular method stated in the request, unless such method is incompatible with the law of that State.

(4) The requested State shall return proof of service in the manner required by the requesting State provided under the laws of the requested State, and if the law of the requesting State does not provide a manner for return of service, then in the manner required by the requested State.

(5) If service cannot be effected, the reasons for this shall be communicated to the competent authority of the requesting State as soon as practicable.

(6) A person served in compliance with a request with a summons to appear as a witness in the requesting State and who fails to comply with the summons shall not by reason thereof be liable to any penalty or measure of compulsion in either the requesting or the requested State notwithstanding any contrary statement in the summons.

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 13 Assistance in Gathering Evidence

1. The requested State may require a person from whom evidence is sought to appear and testify before, or produce documents, records and articles to, a judge, court, tribunal, or other appropriate authority in or of the requested State and, if necessary, shall compel that person by subpoena to do so.

2. The requested State shall, on request and insofar as may be practicable, furnish to the requesting State advance information of the date and the place of any proceedings pursuant to this Article.

3. Where evidence is being taken pursuant to this Article the requested State shall permit the presence of a defendant, his counsel, or any other person specified in the request.

4. The judge, court, tribunal, or other appropriate authority shall allow counsel for the requested State and for the requesting State, and the defendant or his counsel, the opportunity to question the person whose testimony is sought, and may permit any other person specified in the request to ask questions of the person whose testimony is sought.

5. Insofar as not prohibited by the law of the requested State, business records produced under this Article shall be authenticated in such manner as may be requested by the requesting State in order to make them admissible according to the law of the requesting State.

6. The persons present at proceedings pursuance to a request shall be permitted to make a verbatim transcript of the proceedings. Insofar as not prohibited by the law of the requested State, the use of technical means to make such a verbatim transcript shall be permitted.

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 14 Transfer of Persons in Custody to Give Evidence or to Assist in Investigations

1. Upon request, a person in custody in the requested State shall be temporarily transferred to the requesting State to assist in investigations or to testify, provided that the person consents.

2. When under the law of the requested State it is required to keep the person transferred in custody, the requesting State shall hold that person in custody and shall return that person in custody at the conclusion of the execution of the request.

3. The period during which the person transferred is in custody in the requesting State shall be deemed to be service in the requested State of an equivalent period of custody in that State for all purposes.

4. 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.

5. The fact that the person transferred is a national of the requesting State shall not affect any obligation of that State under this Treaty to return that person to the requested State.

6. The return to the requested State pursuant to this Article of a person transferred under this Article shall not require extradition proceedings.

7. A person in custody whose transfer is the subject of a request and who does not consent to the transfer shall not by reason thereof be liable to any penalty or measure of compulsion in either the requesting or the requested State.

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 15 Facilitating the Personal Appearance of Witnesses or Other Persons to Give Evidence or Assist in Investigations

1. The requesting State may request that a person who is in the requested State be made available to testify or to assist in an investigation in the requesting State.

2. The requested State shall invite the person to assist in the investigation or to appear as a witness in the proceedings and seek that person’s concurrence thereto. The requested State shall promptly notify the requesting State of the response to the invitation.

3. A person whose appearance as a witness is the subject of a request and who does not agree to appear shall not by reason thereof be liable to any penalty or measure of compulsion in either the requesting State or the requested State.

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 17 Search and Seizure

1. A request for search and seizure and the transfer of any item to the requesting State shall be carried out in accordance with and to the extent permitted under the laws of the requested State.

2. Insofar as not prohibited by the law of the requested State, that State shall provide any item seized upon execution of a request under this Article in a form, or accompanied by such certification as may be required by the requesting State in order to render the seized item admissible in proceedings in the requesting State.

3. The central authority of the requested State may require that the requesting State agrees to terms and conditions for the protection of third party interests in any item to be transferred.

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 18 Proceeds of Crime

1. The requested State shall, upon request, take measures to locate proceeds of crime believed to be located within its territory and shall notify the requesting State of the results of such measures.

2. When, pursuant to paragraph 1, suspected proceeds of crime are found, the requested State shall take such measures as are permitted by its law to seize, freeze, and confiscate these proceeds.

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 19 Enforcement of Orders Made in States Parties in Relation to the Proceeds of Crime

1. The requesting State may request assistance of the requested State in securing the enforcement of an order made by a court of competent jurisdiction relating to the proceeds of crime within the jurisdiction of the requested State.

2. The requested State shall, to the extent permitted by its law, give effect to or permit enforcement of a final order confiscating the proceeds of crime made by a court of the requesting State or take other appropriate action to secure the proceeds of crime following a request by the requesting State.

3. The request shall be accompanied by a copy of any order made in the requesting State and shall contain, so far as reasonably practicable, all information available to the central authority of the requesting State which may be required in connection with the procedures to be followed in the requested State.

4. The law of the requested State shall apply to the determination of the circumstances and manner in which an order may be enforced.