CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART V
CRIMINAL PROCEEDINGS AND INVESTIGATIONS

MUTUAL SERVICE OF PROCESS

33A. Service of overseas process in Trinidad and Tobago.

(1) This section shall apply where the Central Authority receives from the central authority of a Commonwealth country or such similar authority of a non-commonwealth country—

(a) a summons or other process requiring a person to appear as a defendant or attend as a witness in criminal proceedings in the Commonwealth or non-commonwealth country ; or
(b) a document issued by a Court exercising criminal jurisdiction in the Commonwealth or non-commonwealth country and recording a decision of the Court made in the exercise of that jurisdiction,
together with a request for that process or document to be served on a person in Trinidad and Tobago.

(2) The Central Authority shall cause the process or document to be served by post or, if the request is for personal service, direct the Commissioner of Police to cause it to be personally served on the person concerned.

(3) Service of a process or document under this section shall not impose any obligation on any person under the law of Trinidad and Tobago to comply with it.

(4) A process or document served under this section shall be accompanied by a notice—

(a) stating the effect of subsection (3);
(b) indicating that the person on whom it is to be served may seek legal advice as to the possible consequence if he fails to comply with the process under the law of the Commonwealth or non-commonwealth country where it was issued; and
(c) indicating that under that law he may not, as a witness, be accorded the same rights and privileges as would be accorded to him in criminal proceedings in Trinidad and Tobago.

(5) Where, under this section, the Commissioner of Police is directed to cause any process or document to be served, he shall use his best endeavours to have it served and immediately transmit to the Central Authority if the process or document is—

(a) served, an affidavit or other certificate of service, stating how and when it was served; or
(b) not served, an affidavit or other certificate of service, stating that fact and the reason.

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART V
CRIMINAL PROCEEDINGS AND INVESTIGATIONS

MUTUAL PROVISION OF EVIDENCE

33D. Trinidad and Tobago evidence for use overseas.

(1) This section shall apply where the Central Authority receives from the central authority of a Commonwealth country or such similar authority of a non-commonwealth country a request for assistance in obtaining evidence in Trinidad and Tobago in connection with criminal proceedings that have been instituted, or a criminal investigation that is being carried on, in that country.

(2) If the Central Authority is satisfied—

(a) that an offence under the law of the country in question has been committed or that there are reasonable grounds for suspecting that such an offence has been committed; and
(b) that proceedings in respect of that offence have been instituted in that country or that an investigation into that offence is being carried on there, it may make a request in writing to the Chief Justice, who may nominate and direct a Court in Trinidad and Tobago to take the evidence to which the request relates.

(3) For the purpose of satisfying itself as to the matters mentioned in subsection (2), the Central Authority shall regard as conclusive a certificate issued by the central authority of the Commonwealth country or such similar authority of the non-commonwealth country, in the country in question as appears to it to be appropriate.

(4) The Third Schedule shall have effect with respect to the proceedings before a nominated Court in pursuance of a direction made under subsection (2), where that Court is a Magistrates’ Court.


33E. Form of testimony.

(1) For the purpose of this Part, evidence may be taken or recorded—

(a) in writing;
(b) on audio tape;
(c) on video tape;
(d) by any other electronic or mechanical means; or
(e) by means of technology that permits the virtual presence of the person in Trinidad and Tobago.

(2) Evidence taken or recorded under this Part may be taken or recorded in camera.

(3) Where evidence is taken or recorded in writing under this Part, it need not be in the form of an affidavit.

(4) Where the evidence has been made by means of video or other means which permits the virtual presence of the person in a Commonwealth or non-commonwealth country that evidence is deemed to have been given in Trinidad and Tobago.

(5) For the avoidance of doubt, a person mentioned in subsection (4) may be cross-examined and re-examined and all the evidence shall form part of the evidence under subsection (1).

(6) The evidence shall be endorsed with, or accompanied by, a certificate to the effect that it is an accurate record of the evidence given and it was taken in a manner specified by the laws of the Commonwealth or non-commonwealth country.

(7) The certificate shall be signed or certified by a Judge, Magistrate or Court officer of the Commonwealth or non-commonwealth country to which the request was made.

(8) Evidence taken or recorded in accordance with this section is admissible in any Court in Trinidad and Tobago without proof of the signature, seal or due authorisation and such evidence shall be effectual as if taken or recorded or done by or before any lawful authority in Trinidad and Tobago.

33F. Admission of foreign evidence.

(1) Where evidence is received upon a request made under this Act and is certified by a Judge, Magistrate or Court officer of the Commonwealth or non-commonwealth country, such evidence is admissible in any Court in Trinidad and Tobago without proof of the due certification and shall be effectual as if recorded or taken by or before any lawful authority in Trinidad and Tobago.

(2) Nothing in this section shall prejudice the admission in evidence of any document that is admissible in evidence apart from this section.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

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.