Contents of request - national law requirements - consultations with the Court

Trinidad and Tobago

Mutual Assistance in Criminal Matters Act

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

21. Form of request.

(1) Subject to subsection (2), a request for assistance under this Act made by a Commonwealth country shall comply with the conditions set out in the First Schedule.

(2) Subsection (1) does not apply to an informal request for assistance under this Act where it is transmitted orally, but in the event that such a request is accepted—
(a) it is required to be implemented only to the extent that the Central Authority considers it reasonable;
(b) it is deemed to have been withdrawn if it is not transmitted in writing within such period as the Central Authority considers reasonable.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.