CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

30. 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 of the pecuniary penalty under the order, or to which the order would apply, is suspected on reasonable grounds, to be in Trinidad and Tobago;

(c) a request is transmitted requesting that the order concerned be enforced in accordance with the laws of Trinidad and Tobago and to that end Trinidad and Tobago 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 under subsection (2), the Registrar of the Supreme Court shall register the order if he is satisfied—

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

(b) that, in the case of an order such as is referred to in subsection (1)(a)(ii)—
(i) 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;
(ii) the order is not subject to appeal; and
(iii) that enforcing the order in Trinidad and Tobago would not be contrary to the interest of justice.

(4) Where an order is registered in accordance with this section, a copy of any amendment made to the order, whether before or after registration, may be registered in the same way as the order, and the amendments shall not have effect until they are so 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 35(2)(a).

(6) The Supreme Court shall, after appropriate notice has been given to the Central Authority, cancel the registration of an external confiscation order or an external forfeiture order if—

(a) it appears to the Court that the order has been satisfied whether by payment of the amount due under the order or by the serving of a term of imprisonment by the person against whom the order is made; or
(b) after appropriate notice has been given to the Central Authority, it appears to the Court that the order has ceased to have effect in the Commonwealth country that made the request for assistance.

(7) 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.

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

31. Assistance to country in obtaining restraining order.

(1) This section applies where—

(a) the Central Authority of a Commonwealth country transmits to the Central Authority, a certificate to the effect that—
(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, will have, the effect under the laws of that country—
(A) of confiscating or forfeiting property derived or obtained, directly or indirectly, by that person from the commission of the serious offence; or
(B) of imposing on that 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 Trinidad and Tobago;

(c) a request is transmitted requesting that an order be made, in accordance with the laws of Trinidad and Tobago, restraining dealings with property and that Trinidad and Tobago give the 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 appropriate order.

(3) The provisions of subsections (2) to (6) of section 30, shall apply mutatis mutandis with respect to the implementation of a request under this section.

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—

(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;

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—
(b) any of the following articles of the Statute—

(v) article 109 of the Statute, which relates to the enforcement of fines and forfeiture measures.

PART VI
ENFORCEMENT OF PENALTIES

Orders Relating to Victim Reparation

125. (1) This section applies if— Enforcement of fines
(a) the ICC—
(i) orders payment of a fine under article 77(2)(a) of the Statute; and
(ii) requests that the order be enforced in accordance with article 109 of the Statute; and
(b) neither the conviction in respect of which the order was imposed nor the order for payment of a fine is subject to further appeal.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that the order—
(a) involves a monetary penalty; and
(b) is of a kind that can be enforced in the manner provided in this section.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall refer the request to the appropriate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) take such steps as are necessary to enforce the order as if it were a fine imposed on conviction under the laws of Trinidad and Tobago; and

(ii) make such report to the Attorney General on the results of any action taken as it considers to be appropriate in the circumstances.
(4) Nothing in this section limits or affects the provisions of other types of assistance to the ICC in relation to a penalty imposed under article 77 of the Statute.

PART VI
ENFORCEMENT OF PENALTIES

Transfer of Money or Property Recovered under
this Part
135. (1) Any money or property, including the pro¬ceeds of sale of property, recovered as a result of the enforcement under this Part of an order of the ICC shall be transferred to the ICC.
(2) Subsection (1) applies—
(a) subject to section 130(3)(b) and (c); but
(b) notwithstanding any other provision in this Part or in any other Act.