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 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

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 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.