CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE

22. Acceptance or refusal of request, etc.

(2) Such a request shall be refused if, in the opinion of the Central Authority—

(a) the request relates to the prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character;
(b) 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;
(c) 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;
(d) 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;
(e) 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 ;
(f) 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 ;
(g) the request is for the transfer of a prisoner under section 27(1) but the prisoner does not consent to his transfer ;
(h) 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 be lawfully taken ;
(i) 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;
(j) the request relates to an offence which in the requesting country is an offence only under military law or a law relating to military obligations;
(k) 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
(l) it would be contrary to the laws of Trinidad and Tobago.

(3) 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—

(a) 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;
(b) 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;
(c) the request relates to the prosecution or punishment of a 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;
(d) the request was made by a special or ad hoc tribunal;
(e) the provision of the assistance would impose an excessive burden on the resources of Trinidad and Tobago ;
(f) any conditions, exceptions or qualifications imposed pursuant to section 4 in relation to the Commonwealth country, prevent the request from being accepted;
(g) the request does not meet the requirements of the First Schedule; or
(h) there are other reasonable grounds for doing so.

(4) If, in the opinion of the Central Authority, the expenses involved in complying with a request for assistance 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.

(5) 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.

(6) For the purposes of this section, an offence is not an offence of a political character if it is an offence within the scope of any 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.