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 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.

First Schedule

Request for Assistance made by Commonwealth Countries

Article 2

(3) Where a request such as is referred to in section 19 is made by a Commonwealth country, the request

(a) shall give details of the procedure that the 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;

(b) shall, 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) shall, 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) shall, 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) shall 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.

First Schedule

Request for Assistance made by Commonwealth Countries

Article 2

(4) Where a request such as is referred to in section 21 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 Barbados for any necessary warrant or autorization to effect a seizure of that article or thing.

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.