CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

25. Assistance to country in obtaining article or thing, by search and seizure.

(1) This section applies where a request is transmitted seeking assistance from Trinidad and Tobago in obtaining, by search and seizure if necessary, an article or thing in Trinidad and Tobago for the purposes of, or in connection with, any criminal proceedings in 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 in writing the Commissioner of Police to apply to a magistrate for a search warrant in respect of the article or thing.

(3) The Commissioner of Police authorised under subsection (2) 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 (2) and (3) may be executed on his behalf by any member of the Police Service.

(5) The laws of Trinidad and Tobago with respect to—

(a) the making and disposal of an application for a search warrant; and
(b)the execution of a search warrant, apply to an application under subsection (3) and to the execution of any warrant issued pursuant to any such application.

(6) The central authority shall provide such certification as may be required by the central authority for the Commonwealth country making the request concerning the result of any search, the place and circumstances of any seizure, and the subsequent custody of any property seized.

(7) Where this section applies, the Attorney General may, in writing, authorise the removal of any article or thing obtained pursuant to a request, to the Commonwealth country making the request.

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.