CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

28. Assistance to country in serving documents.

(1) This section applies where a request is transmitted seeking assistance of Trinidad and Tobago in effecting the service of a document on a person or an authority 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 Central Authority shall—

(a) use its best endeavours to have the document served—
(i) in accordance with procedures proposed in the request; or
(ii) if those procedures would be unlawful or inappropriate, or no procedures are so proposed, in accordance with the law of Trinidad and Tobago; and

(b) if the document—
(i) is served, transmit to the central authority for the Commonwealth country making the request, a certificate as to service; or
(ii) is not served, transmit to that central authority a statement of the reasons which prevented the service.

(3) A person served with a document under this section who fails to comply with the summons shall not be liable to any penalty or measure of compulsion notwithstanding any contrary statement in the summons.

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.

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—

(v) the service of documents, including judicial documents;

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

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.