CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

26. Assistance to country in arranging attendance of person.

(1) This section applies where a request is transmitted seeking that assistance be given by Trinidad and Tobago for the attendance in the Commonwealth country making the request, of a person in Trinidad and Tobago to give or provide evidence or assistance relevant to any criminal proceedings in that country, and the request is accepted.

(2) Where this section applies, the Central Authority shall—

(a) inquire whether or not the person concerned is willing to attend as requested;
(b) inform the central authority for the Commonwealth country making the request as to the outcome of the inquiry; and
(c) if the person is willing to attend as requested, make appropriate arrangements to facilitate that attendance.

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

27. Assistance to country in securing transfer of prisoner.

(1) This section applies where a request is transmitted seeking the Central Authority to secure the transfer of a prisoner in Trinidad and Tobago to the Commonwealth country for giving or providing evidence or assistance relevant to any criminal proceedings in that country.

(2) The Central Authority may state, and inform the central authority for the Commonwealth country making the request as to, conditions subject to which a prisoner is to be transferred, including conditions with respect to the custody, release or return of the prisoner.

(3) Any period during which a prisoner is in custody in a Commonwealth country, pursuant to a request, shall be deemed, for all purposes, to be time served in custody in Trinidad and Tobago.

(4) In this section, “prisoner” means a person who is being held in custody pending trial for, or is under imprisonment for, an offence, or is subject to any limitation on his personal liberty pursuant to any written law.

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—

(vi) facilitating the voluntary appear¬ance of persons as witnesses or experts before the ICC;

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Taking evidence and producing documents

87. (1) The following persons may appear and be legally represented at a hearing held under section 83 or 84—
(a) the person to whom the proceeding before the ICC or the investigation conducted by the Prosecutor relates;
(b) any other person giving evidence or producing documents or other articles at the hearing; and
(c) a representative of the Prosecutor or ICC.
(2) Subsection (1) applies subject to any contrary provision of the Statute or the Rules.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Facilitating Appearance of Witnesses
92. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 64 or 93(1)(e) of the Statute in facilitating the voluntary appearance of a witness before the ICC.


(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;
(b) the witness’s attendance is sought so that the witness can give evidence or information relating to the investigation or proceeding; and
(c) the witness is or may be in Trinidad and Tobago.
(3) In this section and sections 93 and 94, “witness” includes a person who may give expert evidence, but does not include either—
(a) a person who has been accused of an international crime in the proceedings to which the request relates; or
(b) a prisoner who is detained in relation to an offence against Trinidad and Tobago law.
93. (1) If the Attorney General gives authority for the request to facilitate the voluntary appearance of a witness to proceed, he shall forward the request to the appropriate Trinidad and Tobago agency.
(2) The Trinidad and Tobago agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prospective witness consents to giving evidence or assisting the ICC.

(3) The Attorney General may, at any time, ask the ICC to give one or more of the following assurances:
(a) that the witness will not be prosecuted, detained, or subjected to any restriction of personal freedom by the ICC in respect of all or any specified acts or omissions that occurred before the person’s departure from Trinidad and Tobago;
(b) that the witness will be returned to Trinidad and Tobago as soon as practicable in accordance with arrangements agreed to by the Attorney General; and
(c) an assurance relating to such other matters as the Attorney General thinks appropriate.
94. (1) The Attorney General may assist in the making of arrangements to facilitate a witness’s attendance before the ICC if the Attorney General is satisfied that—
(a) the prospective witness has consented to giving the evidence or assistance requested; and
(b) the ICC has given adequate assurances where appropriate.
(2) The Attorney General may—
(a) approve and arrange the travel of the witness to the ICC;
(b) obtain such approvals, authorities and per¬missions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence—
(i) the variation, discharge or sus¬pension of the conditions of the person’s release from prison; or

(ii) the variation, cancellation or suspension of the person’s sentence, or of the conditions of the person’s sentence; and
(c) take such other action for the purposes of
subsection (1) as he thinks appropriate.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Facilitating Appearance of Witnesses

91. (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;
(b) the witness’s attendance is sought so that the witness can give evidence or information relating to the investigation or proceeding; and
(c) the witness is or may be in Trinidad and Tobago.