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.

(1) Subject to this section, a request for assistance under this Act duly made by a Commonwealth country shall be accepted.

PART I
PRELIMINARY

3. The purpose of this Act is—

(b) to enable Trinidad and Tobago to co-operate with the International Criminal Court established by the Rome Statute in the performance of its functions.

PART II

INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Co-operation Relating to Offences Against Administration of Justice

23. (1) If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice that request must be dealt with in the case of a request for—

(a) surrender, in the manner provided in Parts III and IV and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules;
(b) enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts III and VI and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules;
(c) transit, in the manner provided in sections 136 to 138 and 150 to 156 and those sections apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and
(d) any other type of assistance, in the manner provided in Parts III and V and those Parts and, if applicable, Part VIII apply accordingly and with the necessary modifications, subject to any contrary provision in the statute or the Rules.
(2) In addition to the grounds of refusal or postponement specified in Parts IV and V, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Attorney General, there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested.

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24. (1) This Part applies to a request by the ICC for assistance that is made under—
(a) Part 9 of the Statute, namely—
(i) the provisional arrest, arrest and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction;
(ii) the identification and where¬abouts of persons or the location of items;
(iii) the taking of evidence, including testimony under oath and the production of evidence, expert opinions, and reports necessary to the ICC;
(iv) the questioning of any person being investigated or prosecuted;
(v) the service of documents, including judicial documents;
(vi) facilitating the voluntary appear¬ance of persons as witnesses or experts before the ICC;
(vii) the temporary transfer of prisoners;
(viii) the examination of places or sites, including the exhumation and examination of grave sites;
(ix) the execution of searches and seizures;
(x) the provision of records and documents, including official records and documents;
(xi) the protection of victims and witnesses and the preservation of evidence;
(xii) the identification, tracing and freezing, or seizure of proceeds, property and assets, and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(xiii) any other type of assistance that is not prohibited by the law of Trinidad and Tobago, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC; or
(b) any of the following articles of the Statute—
(i) article 19(8), which relates to various steps that the Prosecutor may take with the authority of the ICC;
(ii) article 56, which relates to various measures that can be taken by the Pre-Trial Chamber;
(iii) article 64, which relates to various measures that can be taken by the Trial Chamber;
(iv) article 76, which relates to the imposition of sentence by the Trial Chamber; or
(v) article 109 of the Statute, which relates to the enforcement of fines and forfeiture measures.
(2) Nothing in this section—
(a) limits the type of assistance that the ICC may request under the Statute or the Rules, whether in relation to the provision of infor¬mation or otherwise; or
(b) prevents the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature.

25. (1) A request for assistance must be made through an authorized channel and—
(a) in the case of a request to which Part IV applies, be transmitted to the Attorney General; or
(b) in any other case, be transmitted to the Attorney General or a person authorized by the Attorney General to receive requests.
(2) For the purposes of subsection (1) and section 26(1), an authorized channel is—
(a) the diplomatic channel to the Minister to whom responsibility for foreign affairs is assigned; or
(b) any other appropriate channel that Trinidad and Tobago may designate at the time it ratifies the Statute or at any subse¬quent time in accordance with the Rules.
(3) This section is subject to section 26 which relates to urgent requests.

26. (1) In urgent cases a request for assistance, including a request for provisional arrest, may be—
(a) made using any medium capable of delivering a written record; or
(b) transmitted through the International Criminal Police Organization or any other appropriate regional organization, instead of through an authorized channel.
(2) If a request is made or transmitted in the first instance in the manner specified in subsection (1), it must be followed as soon as practicable by a formal request transmitted in the manner specified in section 25.

Execution of requests
27. (1) If the ICC makes a request for assistance, the request must be dealt with in accordance with the relevant procedure under the law of Trinidad and Tobago, as provided in this Act.
(2) If the request for assistance specifies that it should be executed in a particular manner that is not prohibited by Trinidad and Tobago law or by using a particular procedure that is not prohibited by Trinidad and Tobago law, the Attorney General, as the case may be, must use his best endeavours to ensure that the request is executed in that manner or using that procedure, as the case may be.

Consultation
28. (1) The Attorney General shall consult with the ICC, without delay, if—
(a) a request for assistance is received from the ICC that does not contain or is not accompanied by the appropriate informa¬tion or the appropriate documents specified in article 87, 91, 92, 93, or 96 of the Statute;
(b) the ICC has not provided sufficient information for a request for assistance to be executed;
(c) in the case of a request for surrender—
(i) the person sought cannot be located in Trinidad and Tobago;
(ii) it appears that the person in Trinidad and Tobago is clearly not the person named in the warrant or judgment, as the case may be;
(d) execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or
(e) for any other reason there are or may be difficulties with the execution of a request for assistance received from the ICC.
(2) Before refusing any request for assistance, the Attorney General shall consult with the ICC to ascertain whether the assistance sought could be provided—
(a) subject to conditions; or
(b) at a later date or in an alternative manner.
(3) Without limiting the types of conditions under which assistance may be provided, the Attorney General may agree to the transmission of documents or information to the Prosecutor on a confidential basis, on the condition that the Prosecutor will use them solely for the purpose of generating new evidence.
(4) If the Attorney General transmits documents or information subject to the condition specified in subsection (3), the Attorney General may subsequently consent to the disclosure of such documents or information for use as evidence under the provisions of Parts 5 and 6 of the Statute and in accordance with the Rules.

29. (1) A request for assistance and any documents supporting the request shall be kept confidential by the Trinidad and Tobago authorities who deal with the request, except to the extent that the disclosure is necessary for execution of the request.
(2) If the ICC requests that particular information that is made available with a request for assistance be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses, and their families, the Trinidad and Tobago authorities shall use their best endeavours to give effect to that request.
(3) In this section, the Trinidad and Tobago authorities are—
(a) the Attorney General;
(b) every police officer;
(c) every prison officer; and
(d) every employee of or contractor engaged by a Trinidad and Tobago agency that is authorized to deal with the request.
(4) Subsection (2) does not limit subsection (1).

30. (1) The Attorney General shall notify the ICC, without delay, of his response to a request for assistance and of the outcome of any action that has been taken in relation to it.
(2) If the Attorney General decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the reasons for the decision shall be set out in the notice to the ICC.
(3) If the request for assistance cannot be executed for any other reason, the reasons for the inability or failure to execute the request shall be set out in the notice to the ICC.
(4) In the case of an urgent request for assist¬ance, any documents or evidence produced in response shall, at the request of the ICC, be sent urgently to it.
(5) Documents or evidence provided or produced in response to a request for assistance from the ICC must be transmitted to the ICC in their original language and form.

Official Capacity of Suspect or Accused no Bar to Request
31. (1) The existence of any immunity or special procedural rule attaching to the official capacity of any person is not a ground for—
(a) refusing or postponing the execution of a request for surrender or other assistance by the ICC;
(b) holding that a person is ineligible for surrender, transfer, or removal to the ICC or another State under this Act; or
(c) holding that a person is not obliged to provide the assistance sought in a request by the ICC.
(2) Subsection (1) applies subject to sections 66 and 120, but notwithstanding any other enactment or rule of law.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Identifying or Locating Persons or Things
81. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 64 or 93(1)(a) of the Statute in locating or identifying a person or a thing believed to be in Trinidad and Tobago.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) the person to whom or thing to which the request relates is or may be in Trinidad and Tobago.

(3) If the Attorney General gives authority for the request to proceed—
(a) he must forward the request to the appro¬priate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to locate or, as the case may be, identify and locate the person to whom or thing to which the request relates; and
(ii) advise the Attorney General of the outcome of those endeavours.
(4) This section does not give any person a power to enter property in order to locate a person or item.
Taking evidence and producing documents
82. (1) This section applies if the ICC requests, under any of article 19(8), 56, 64, or 93(1)(b) of the Statute, that—
(a) evidence be taken in Trinidad and Tobago; or
(b) documents or other articles in Trinidad and Tobago be produced.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or to a proceeding before the ICC; and
(b) there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in Trinidad and Tobago.
83. (1) If the Attorney General gives authority for a request relating to the taking of evidence to proceed, the statement of each witness shall be taken in writing on the oath or affirmation of that witness by a Judge.


(2) The Judge who takes evidence under subsection (1), shall—
(a) certify that the evidence was taken by him; and
(b) ensure that the evidence, as certified, is sent to theAttorney General.
84. (1) If the Attorney General gives authority for a request relating to the production of documents or other articles to proceed, a Judge may make an order requiring their production.
(2) If the documents or other articles are produced, the Judge must send them to the Attorney General together with a written statement certifying that they were produced to the Judge.
(3) Notwithstanding subsection (2), in the case of documents that are produced, the Judge may send to the Attorney General copies of the documents certified by the Judge to be true copies instead of the originals.
(4) Subsections (2) and (3) apply subject to any contrary order by the Judge.

85. (1) The applicable law with respect to compelling a person to appear before a Judge under section 83 or 84 and to give evidence or answer questions, or to produce documents or other articles, is the law specified in subsection (2) and that law applies with any necessary modification.

(2) For the purposes of subsection (1), the applicable law is the law of Trinidad and Tobago that applies to the giving of evidence or the answering of questions or the production of documents or other articles on the hearing of a charge against a person for an offence against the law of Trinidad and Tobago.
(3) Notwithstanding subsection (1), for the purposes of sections 83 and 84, the person to whom the investigations being conducted by the Prosecutor, or the proceeding before the ICC relates, is competent but not compellable to give evidence.

(4) Notwithstanding subsection (1), a person who is required under section 83 or 84 to give evidence, or to produce documents or other articles, is not required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the investigation being conducted by the Prosecutor or the proceeding before the ICC.
(5) A person who is required under section 83 or 84 to give evidence or to produce documents or other articles—
(a) has the same privileges in relation to the answering of questions and the production of documents or articles as if the investigation was being conducted in Trinidad and Tobago or the proceeding was pending in a Trinidad and Tobago court, as the case may be; and
(b) shall be given a copy of any statement required to be given to a witness under the Rules in the manner and form required by the Rules.
(6) Subsections (4) and (5) apply subject to section 31 and any contrary provision in the Statute or the Rules.
86. (1) In this section, “evidence certificate” means a certificate or declaration that—
(a) is given or made by or on behalf of the ICC; and
(b) specifies or declares whether, under the Statute or the Rules, a specified person or class of persons could or could not be required to answer a specified question or to produce a specified document—
(i) generally;
(ii) in specified proceedings; or
(iii) in specified circumstances.

(2) An evidence certificate authenticated under subsection (3) is admissible in proceedings for the purposes of the application of section 85(4) as prima facie evidence of the matters stated in the certificate.
(3) A certificate is authenticated for the purposes of subsection (2) if it purports to be—
(a) signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or
(b) authenticated in any other manner authorized by the Statute or the Rules.
87. (1) The following persons may appear and be legally represented at a hearing held under section 83 or 84—
(a) the person to whom the proceeding before the ICC or the investigation conducted by the Prosecutor relates;
(b) any other person giving evidence or producing documents or other articles at the hearing; and
(c) a representative of the Prosecutor or ICC.
(2) Subsection (1) applies subject to any contrary provision of the Statute or the Rules.
(3) A certificate by a Judge under section 83(2) or 84(2) shall state whether any of the persons specified in subsection (1) were present when the evidence was taken or the documents or other articles were produced.
88. (1) A Judge may authorize a Registrar of the High Court to exercise the powers of a Judge under section 83 or 84 in respect of any particular case.
(2) An authorization given under subsection (1) may be revoked at any time by a Judge.

(3) If a matter in respect of which a Registrar has jurisdiction under an authorization given under subsection (1) appears to the Registrar to be one of special difficulty, the Registrar may refer the matter to a Judge, who may—
(a) dispose of the matter; or
(b) refer it back to the Registrar with such directions as the Judge thinks fit.
(4) Nothing in this section prevents the exercise by any Judge of any jurisdiction or powers conferred on any Registrar under this section.
Questioning Persons
89. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 64 or 93(1)(c) of the Statute in questioning a person who is being investigated or prosecuted.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) the person is or may be in Trinidad and Tobago.
(3) If the Attorney General gives authority to proceed—
(a) he shall forward the request to the appro¬priate Trinidad and Tobago agency; and
(b) the agency shall, without delay:
(i) use its best endeavours to under¬take the questioning that the ICC has requested;
(ii) ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and

(iii) advise the Attorney General of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to him.
90. (1) This section applies if there are grounds to believe that a person who is to be questioned by a Trinidad and Tobago agency following a request under article 93(1)(c) of the Statute has committed a crime within the juridiction of the ICC.
(2) If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that he has committed a crime within the jurisdiction of the ICC and that he has the right—
(a) to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(b) to have legal assistance of the person’s choosing, or, if he does not have legal assistance, to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; and
(c) to be questioned in the presence of a lawyer unless the person voluntarily waives the right to counsel.
(3) If there is any inconsistency between subsection (2) and any other enactment, subsection (2) prevails.
(4) This section does not give any person power to require another person to answer questions.

Assistance in Arranging Service
91. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 58(7), 64 or 93(1)(d) of the Statute in arranging for the service of a document in Trinidad and Tobago.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation conducted by the Prosecutor or a proceeding before the ICC;
(b) the person or body to be served is or may be in Trinidad and Tobago.
(3) If the Attorney General gives authority for the request to proceed he shall forward the request for service to the appropriate Trinidad and Tobago agency, and that agency shall, without delay—
(a) use its best endeavours to have the process served—
(i) in accordance with any procedure specified in the request; or
(ii) if that procedure would be unlawful or inappropriate in Trinidad and Tobago, or if no procedure is specified, in accordance with the law of Trinidad and Tobago; and
(b) transmit to the Attorney General—
(i) a certificate as to service, if the document is served; or
(ii) a statement of the reasons that prevented service, if the docu¬ment is not served.
(4) In this section, “document” includes—
(a) a summons requiring a person to appear as a witness; and
(b) a summons to an accused that has been issued under article 58(7) of the Statute.


Facilitating Appearance of Witnesses
92. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 64 or 93(1)(e) of the Statute in facilitating the voluntary appearance of a witness before the ICC.


(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC;
(b) the witness’s attendance is sought so that the witness can give evidence or information relating to the investigation or proceeding; and
(c) the witness is or may be in Trinidad and Tobago.
(3) In this section and sections 93 and 94, “witness” includes a person who may give expert evidence, but does not include either—
(a) a person who has been accused of an international crime in the proceedings to which the request relates; or
(b) a prisoner who is detained in relation to an offence against Trinidad and Tobago law.
93. (1) If the Attorney General gives authority for the request to facilitate the voluntary appearance of a witness to proceed, he shall forward the request to the appropriate Trinidad and Tobago agency.
(2) The Trinidad and Tobago agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prospective witness consents to giving evidence or assisting the ICC.

(3) The Attorney General may, at any time, ask the ICC to give one or more of the following assurances:
(a) that the witness will not be prosecuted, detained, or subjected to any restriction of personal freedom by the ICC in respect of all or any specified acts or omissions that occurred before the person’s departure from Trinidad and Tobago;
(b) that the witness will be returned to Trinidad and Tobago as soon as practicable in accordance with arrangements agreed to by the Attorney General; and
(c) an assurance relating to such other matters as the Attorney General thinks appropriate.
94. (1) The Attorney General may assist in the making of arrangements to facilitate a witness’s attendance before the ICC if the Attorney General is satisfied that—
(a) the prospective witness has consented to giving the evidence or assistance requested; and
(b) the ICC has given adequate assurances where appropriate.
(2) The Attorney General may—
(a) approve and arrange the travel of the witness to the ICC;
(b) obtain such approvals, authorities and per¬missions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence—
(i) the variation, discharge or sus¬pension of the conditions of the person’s release from prison; or

(ii) the variation, cancellation or suspension of the person’s sentence, or of the conditions of the person’s sentence; and
(c) take such other action for the purposes of
subsection (1) as he thinks appropriate.
Temporary Transfer of Prisoners
95. (1) This section applies if the ICC requests assistance under article 93(1)(f) of the Statute in facilitating the temporary transfer to the ICC of a Trinidad and Tobago prisoner.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the prosecutor or a proceeding before the ICC; and
(b) the prisoner’s attendance is sought for the purposes of identification or for obtaining evidence or other assistance.
96. (1) If the Attorney General gives authority for the request to facilitate the temporary transfer of a Trinidad and Tobago prisoner to proceed, the Attorney General shall forward the request to the appropriate Trinidad and Tobago agency.
(2) The Trinidad and Tobago agency to which a request is forwarded under subsection (1), shall make such inquiries as may be necessary to ascertain if the prisoner will consent to the transfer.
(3) The Attorney General may ask the ICC to give one or more of the following assurances:
(a) that the prisoner will not be released from custody without the prior approval of the Attorney General;

(b) that the prisoner will be returned to Trinidad and Tobago Tobago without delay in accordance with arrangements agreed to by the Attorney General; and
(c) an assurance relating to such other matters as the Attorney General thinks appropriate.
97. (1) The Attorney General may authorize the temporary transfer of a Trinidad and Tobago prisoner to the ICC if the Attorney General is satisfied that—
(a) the prisoner has consented to giving the evidence or assistance requested; and
(b) the ICC has given adequate assurances where appropriate.
(2) If the Attorney General authorizes the temporary transfer of the prisoner to the ICC, he may—
(a) direct that the prisoner be released from the prison in which he is detained, for the purpose of the transfer to the ICC; and
(b) make arrangements for the prisoner to travel to the ICC in the custody of—
(i) a police officer;
(ii) a prison officer; or
(iii) a person authorized for the purpose by the ICC.
(3) A direction given by the Attorney General under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which he is detained, for the purposes of the direction.
(4) Every person released under a direction given under subsection (2) is to be treated as continuing to be in the legal custody of the penal institution from which he is so released, while in Trinidad and Tobago during the period of that release.

98. (1) If a prisoner who is charged with or convicted of an offence against the law of Trinidad and Tobago is transferred to the ICC under section 97, the provisions of section 99 of this Act shall apply to any period that the person spends in custody outside Trinidad and Tobago in connection with the request before sentence is imposed for the Trinidad and Tobago offence.
(2) If a prisoner who is serving a sentence for a Trinidad and Tobago offence is transferred to the ICC under section 97—
(a) he is to be treated, while in custody outside Trinidad and Tobago in connection with the request, as being in custody for the purposes of the Trinidad and Tobago sentence, which continues to run; and
(b) the Attorney General—
(i) may at any time notify the ICC that the prisoner is no longer required to be kept in custody; and
(ii) must notify the ICC if the prisoner is no longer liable to be detained in a Trinidad and Tobago prison.
99. (1) If a prisoner who is charged with or convicted of an offence against the law of Trinidad and Tobago (hereinafter referred to as the Trinidad and Tobago offence) is transferred to the ICC under section 97 before sentence is imposed for the Trinidad and Tobago offence, the Attorney General may—
(a) advise the ICC of the date on which the prisoner was sentenced for the Trinidad and Tobago offence; and
(b) request the ICC to provide a certificate recording the total period during which the prisoner was detained outside Trinidad and Tobago in connection with the request until sentence was imposed for the Trinidad and Tobago offence.

(2) A certificate obtained under subsection (1) is presumed to be accurate in the absence of any evidence to the contrary.
(3) The Attorney General may issue a certificate setting out the date and period specified in subsection (1) if—
(a) the ICC does not provide a certificate within a reasonable time after he makes a request under subsection (1); and
(b) he is satisfied from the information that he has, that an accurate calculation can be made of the period referred to in paragraph (b) of subsection (1).
Examination of Places or Sites
100. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 64 or 93(1)(g) of the Statute in examining places or sites in Trinidad and Tobago.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall forward the request to the appropriate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to under¬take the examination of the place or site in the manner that the ICC has requested;

(ii) make such report on the examination as it considers to be appropriate in the circumstances; and
(iii) deliver the report of the examination to the Attorney General.
(4) This section does not give any person the power to enter a place or site.
Search and Seizure
101. (1) This section applies if the ICC makes a request under any of article 19(8), 56, 64 or 93(1)(h) of the Statute for search and seizure.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) any thing relevant to the investigation or proceeding is or may be located in Trinidad and Tobago.
(3) If the Attorney General gives authority for the request to proceed, he may authorize a police officer, in writing, to apply to a Judge for a search warrant under section 102.

102. (1) This section applies if a Judge, on an application in writing made on oath or affirmation by a police officer, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—
(a) any thing on or in respect of which an international crime has been, or is suspected of having been, committed; or
(b) any thing that may be evidence as to the commission of any such crime.

(2) If this section applies, the Judge may issue a warrant in respect of any thing referred to in subsection (1).
(3) A Judge shall not issue a warrant under this section unless the application contains, or the applicant otherwise supplies to the Judge, such information as the Judge requires concerning the grounds on which the warrant is sought.
(4) A Judge may issue a warrant under this section subject to such conditions as the Judge thinks fit.
103. A warrant issued under section 102 shall—
(a) be in the prescribed form;
(b) be directed to a police officer by name, or any class of police officers specified in the warrant, or generally to every police officer; and
(c) specify any conditions that the Judge has imposed under section 102(4).
104. (1) Subject to any conditions specified in the warrant under section 103, a warrant issued under section 102 authorizes the police officer executing the warrant—
(a) to enter and search the place or things specified in the warrant at any time by day or night during the currency of the warrant;
(b) to use such assistance as may be reasonable in the circumstances for the purpose of the entry and search;
(c) to use such force as is reasonable in the circumstances for the purposes of effecting entry, and for breaking open any thing in or on the place searched; and
(d) to search for and seize any thing referred to in section 102(1).

(2) A person called on to assist any police officer executing a warrant issued under section 102 has the powers described in paragraphs (c) and (d) of subsection (1).

105. A police officer may stop a vehicle for the purpose Power to stop of exercising a search power conferred by a warrant vehicles issued under section 102 of this Act.
106. Every police officer executing any warrant issued under section 102 shall—
(a) have that warrant with him or her;
(b) produce it on initial entry and, if requested, at any subsequent time; and
(c) shall, if requested at the time of the execution of the warrant or at any subsequent time, provide a copy of the warrant within seven days after the request is made.

107. (1) Every police officer who executes a warrant Notice of execution of issued under section 102 shall, not later than seven days warrant
after the seizure of any thing under that warrant, give to the owner or occupier of the place or thing searched, and to every other person whom the member of the police service has reason to believe may have an interest in the thing seized, a written notice specifying the—
(a) date and time of the execution of the warrant;
(b) identity of the person who executed the warrant; and
(c) thing seized under the warrant.
(2) If the warrant is executed, a report on the execution of the warrant, together with a copy of any notice given under subsection (1) shall be sent to the Attorney General, without delay.
(3) If the warrant is not able to be executed, a report explaining the reasons for this shall be sent to the Attorney General, without delay.

108. (1) If a police officer seizes a thing under a warrant issued under section 102, it shall be delivered into the custody and control of—
(a) the Commissioner of Police; or
(b) a police officer designated by the Commissioner to receive things seized under this Act.
(2) The Commissioner of Police or designated police officer must—
(a) inform the Attorney General, without delay, that the thing has been so delivered;
(b) retain the thing for a period not exceeding three months from the day on which the thing was seized, pending the Attorney General’s direction under subsection (3) about how to deal with the thing; and
(c) comply with any direction given by the Attorney General.
(3) The Attorney General may, by written notice, give the Commissioner of Police or designated police officer a direction—
(a) requiring the Commissioner of Police or des¬ignated police officer to send the thing to the ICC; and
(b) requiring the Commissioner of Police or des¬ignated police officer to deal with the thing in some other way.
(4) The Attorney General must direct the Commissioner of Police or designated police officer to return the thing seized to the person from whose possession it was seized as soon as practicable, if—
(a) the ICC advises that the thing is not required for the Prosecutor’s investigation or its proceeding; or
(b) no other direction is given by the Attorney General before the expiry of three months from the day on which the thing was seized.

(5) Notwithstanding subsection (4), the Attorney General may refuse to return the thing to the person from whom it was seized if—
(a) the thing is the subject of a dispute as to who is entitled to it;
(b) the thing is required for the investigation of an offence within the jurisdiction of Trinidad and Tobago; or
(c) possession of the thing by the person would be unlawful in Trinidad and Tobago.
Provision of Records and Documents
109. (1) This section applies if the ICC makes a request under article 93(1)(i) of the Statute for the provision of records and documents, including official records and documents.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) the document or record sought is or may be in Trinidad and Tobago.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall forward the request to the appropriate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to locate and make available the document or record sought;
(ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and

(iii) deliver the document or record, if located, to the Attorney General.
(4) This section does not give any person power to require the production of a document or record.
Protecting Victims and Witnesses and
Preserving Evidence
110. (1) This section applies if the ICC requests assistance under—
(a) article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence;
(b) article 19(8), or paragraph (2) or (3) of article 56, in preserving evidence.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) the assistance sought is not prohibited by Trinidad and Tobago law.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall—
(i) take such steps as he thinks appropriate in the particular case;
(ii) forward the request to the appropriate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to give effect to the request;

(ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
(iii) deliver the report to the Attorney General.
Identifying, Freezing, or Seizing Property
Associated with Crime

111. (1) This section applies if the ICC requests assistance under article 93(1)(k) of the Statute in identifying, tracing and freezing, or seizing tainted property for the purpose of eventual forfeiture.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an international crime that is being investigated by the Prosecutor, or which is the subject of proceedings before the ICC; and
(b) tainted property is or may be located in Trinidad and Tobago.
112. (1) If the Attorney General gives authority for the request for assistance in identifying, tracing and freezing, or seizing tainted property to proceed, he may authorize the appropriate Trinidad and Tobago authority to apply for one or more of the following orders or warrants under the Proceeds of Crime Act, 2000: Act No.55 of 2000
(a) a search warrant;
(b) a restraint order;
(c) a charging order; or
(d) a confiscation order.
(2) If the ICC’s request relates to the freezing of tainted property, and the ICC has made an order in the nature of a restraint order, the Attorney General may authorize the appropriate authority to register that order, and section 130 shall apply accordingly, with the necessary modifications.

Other Types of Assistance
113. (1) This section applies if the ICC requests any other type of assistance under article 93(1) of the Statute for the purposes of facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) the assistance sought is not prohibited by Trinidad and Tobago law.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall—
(i) take such steps as he thinks appropriate in the particular case; and
(ii) forward the request to the appropriate Trinidad and Tobago agency;
(b) that agency shall, without delay—
(i) use its best endeavours to give effect to the request;
(ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
(iii) deliver the report to the Attorney General.
(4) If the Attorney General considers that the assistance sought cannot lawfully be provided, he shall, before refusing the request, and in accordance with article 93(5) of the Statute—
(a) consult with the ICC; or

(b) consider whether the assistance can be provided subject to conditions or whether it can be provided at a later date or in an alternative manner.
Restrictions on Provision of Assistance
114. (1) The Attorney General shall refuse a request by the ICC for assistance to which this Part applies if—
(a) the ICC does not accept the conditions or other modifications suggested in order to implement the request as contemplated by article 93(5) of the Statute and section 113(4);
(b) the ICC determines under article 18 or 19 of the Statute that the case to which the request relates is inadmissible and section 118(4) applies; or
(c) section 120(4) applies.

(2) The Attorney General may refuse a request by the ICC to which this Part applies if —
(a) Part VIII, which relates to the protection of national security or third party information applies; or
(b) there are competing requests from the ICC and a State that is not a party to the Statute relating to the same conduct and section 63(4), as applied by section 119, applies.
(3) To avoid doubt the only grounds on which assistance to the ICC may be refused are those specified in this section and, if applicable, section 23(2), which relates to offences involving the administration of justice.

115. (1) The Attorney General may postpone the execution of a request for assistance under this Part if—
(a) the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 117 applies;
(b) a ruling on admissibility is pending before the ICC and section 118 applies;
(c) there are competing requests from the ICC and from another State to which Trinidad and Tobago is under an international obligation and section 119(2)(a) applies;
(d) the request is for assistance under article 93(1)(l) of the Statute and is one to which section 113(4) applies; or
(e) a request of the kind referred to in section 120(2)(c) is made to the ICC.
(2) Even if a case is one to which subsection (1) applies, the Attorney General may decide not to post¬pone the execution of the request, and in that event the request must be dealt with in accordance with this Part.
(3) If the Attorney General postpones the execu¬tion of a request for assistance under this Part, the postponement may be for a reasonable time and may, if the Attorney General considers it desirable, be extended from time to time.
116. If the execution of a particular measure of assistance specified in a request to which this Part applies is prohibited under the laws in Trinidad and Tobago, notwithstanding any other provision in this Part, the Attorney General shall—
(a) consider whether the assistance can be provided in another manner or subject to conditions; and
(b) promptly consult with the ICC in order to resolve the matter.

117. (1) If the immediate execution of a request by the ICC for assistance to which this Part applies would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the Attorney General may postpone the execution of the request for a period of time agreed between the Attorney General and the ICC.
(2) Notwithstanding section 115(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.
(3) Before making a decision to postpone the execution of a request, the Attorney General shall consider whether the assistance could be provided immediately subject to certain conditions.
(4) If the Attorney General decides to postpone the execution of a request and the ICC seeks assistance in the preservation of evidence under article 93(1)(j) of the Statute, the Attorney General shall deal with that request in accordance with this Part.
118. (1) This section applies if the ICC is considering an admissibility challenge under article 18 or 19 of the Statute in respect of a case that a request to which this part applies.
(2) If the ICC has not made an order under article 18 or 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney General may postpone the execution of the request until the ICC’s determination on admissibility is issued.
(3) If the ICC has made an order under article 18 or 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney General may not postpone the execution of a request under this section but must deal with it under this Part.
(4) If the ICC determines that the case to which the request relates is admissible, the request shall be refused.

(5) If the ICC determines that the case to which the request relates is admissible, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part.
119. (1) If the Attorney General receives competing requests for assistance from the ICC and from another State to which Trinidad and Tobago is under an obligation to respond, the Attorney General shall endeavour, after consultation with the ICC and the other State, to satisfy both requests.
(2) For the purposes of subsection (1), the Attorney General may do either or both of the following:
(a) postpone the execution of either of the competing requests; or
(b) attach conditions to the provision of assistance under either or both of the requests.
(3) If it is not possible to resolve the issue by consultation, the method of dealing with the competing requests shall be resolved in accordance with article 90 of the Statute, and sections 61 to 65 shall apply with any necessary modifications.
120. (1) If a request by the ICC for assistance to which this Part applies concerns persons who, or infor¬mation or property that, are subject to the control of another State or an international organization under an international agreement, the Attorney General shall inform the ICC to enable it to direct its request to the other State or international organization.
(2) Subsections (3) to (5) apply if—
(a) the ICC makes a request for assistance;
(b) the ICC has not previously made a final determination on whether or not article 98(1) of the Statute applies to that request; and

(c) a request is made to the ICC to determine whether or not article 98(1) applies to the request for surrender.
(3) If this subsection applies, the Attorney General may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance.
(4) If the ICC advises that it does not intend to proceed with the request, the request for assistance shall be refused.
(5) If the ICC advises that it intends to proceed with the request for assistance, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.
Miscellaneous
121. At any time before a formal response is sent to the ICC, the Attorney General may decide that a request by the ICC for assistance to which this Part applies will be refused or the execution of the request postponed, on a ground specified in section 114 or 115, even if the Attorney General has previously given authority for the request to proceed.
122. If the ICC makes a request under Part 9 of the Statute to assist a defendant in the preparation of his or her defence, that request shall be dealt with in the same manner as a request for assistance of a similar type, to assist the Prosecutor.

123. (1) The Prosecutor may execute a request that does not involve any compulsory measures on Trinidad and Tobago territory in the circumstances specified in article 99(4) of the Statute.
(2) If the Attorney General identifies difficulties with the execution of a request to which article 99(4)(b) of the Statute relates, the Attorney General shall, without delay, consult with the ICC in order to resolve the matter.

(3) The provisions of this Act and the Statute, allowing a person heard or examined by the ICC under article 72 of the Statute to invoke restrictions designed to prevent disclosure of confidential information connected with national security, apply to the execution of requests for assistance under article 99 of the Statute.

PART XI
MISCELLANEOUS PROVISIONS AND CONSEQUENTIAL AMENDMENTS

Miscellaneous Provisions

178. (1) If the Attorney General receives a request for assistance from the ICC to which Part V relates, the Attorney General may give a certificate certifying all or any of the following facts:
(a) that a request for assistance has been made by the ICC;
(b) that the request meets the requirements of this Act; and
(c) that the acceptance of the request has been duly made under and in accordance with this Act.

(2) In any proceeding under this Act, a certificate purporting to have been given under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the matters certified by the certificate.

179. The President may make Regulations for all or Regulations any of the following purposes:
(a) prescribing the procedure to be followed in dealing with requests made by the ICC, and providing for notification of the results of action taken in accordance with any such request;
(b) prescribing the procedures for obtaining evidence or producing documents or other articles in accordance with a request made by the ICC;
(c) providing for the payment of fees, travelling allowances, and expenses to any person in Trinidad and Tobago who gives or provides evidence or assistance pursuant to a request made by the ICC;
(d) prescribing conditions for the protection of any property sent to the ICC pursuant to a request made under this Act, and making provision for the return of property in Trinidad and Tobago in accordance with a request;
(e) prescribing the forms of applications, notices, certificates, warrants, and other documents for the purposes of this Act, and requiring the use of such forms; and
(j) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.