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.

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 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—

(ix) the execution of searches and seizures;

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Search and Seizure

101.
(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) any thing relevant to the investigation or proceeding is or may be located in Trinidad and Tobago.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Search and Seizure

101. (1) This section applies if the ICC makes a request under any of article 19(8), 56, 64 or 93(1)(h) of the Statute for search and seizure.
(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) any thing relevant to the investigation or proceeding is or may be located in Trinidad and Tobago.
(3) If the Attorney General gives authority for the request to proceed, he may authorize a police officer, in writing, to apply to a Judge for a search warrant under section 102.

102. (1) This section applies if a Judge, on an application in writing made on oath or affirmation by a police officer, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—
(a) any thing on or in respect of which an international crime has been, or is suspected of having been, committed; or
(b) any thing that may be evidence as to the commission of any such crime.

(2) If this section applies, the Judge may issue a warrant in respect of any thing referred to in subsection (1).
(3) A Judge shall not issue a warrant under this section unless the application contains, or the applicant otherwise supplies to the Judge, such information as the Judge requires concerning the grounds on which the warrant is sought.
(4) A Judge may issue a warrant under this section subject to such conditions as the Judge thinks fit.
103. A warrant issued under section 102 shall—
(a) be in the prescribed form;
(b) be directed to a police officer by name, or any class of police officers specified in the warrant, or generally to every police officer; and
(c) specify any conditions that the Judge has imposed under section 102(4).
104. (1) Subject to any conditions specified in the warrant under section 103, a warrant issued under section 102 authorizes the police officer executing the warrant—
(a) to enter and search the place or things specified in the warrant at any time by day or night during the currency of the warrant;
(b) to use such assistance as may be reasonable in the circumstances for the purpose of the entry and search;
(c) to use such force as is reasonable in the circumstances for the purposes of effecting entry, and for breaking open any thing in or on the place searched; and
(d) to search for and seize any thing referred to in section 102(1).

(2) A person called on to assist any police officer executing a warrant issued under section 102 has the powers described in paragraphs (c) and (d) of subsection (1).

105. A police officer may stop a vehicle for the purpose Power to stop of exercising a search power conferred by a warrant vehicles issued under section 102 of this Act.
106. Every police officer executing any warrant issued under section 102 shall—
(a) have that warrant with him or her;
(b) produce it on initial entry and, if requested, at any subsequent time; and
(c) shall, if requested at the time of the execution of the warrant or at any subsequent time, provide a copy of the warrant within seven days after the request is made.

107. (1) Every police officer who executes a warrant Notice of execution of issued under section 102 shall, not later than seven days warrant
after the seizure of any thing under that warrant, give to the owner or occupier of the place or thing searched, and to every other person whom the member of the police service has reason to believe may have an interest in the thing seized, a written notice specifying the—
(a) date and time of the execution of the warrant;
(b) identity of the person who executed the warrant; and
(c) thing seized under the warrant.
(2) If the warrant is executed, a report on the execution of the warrant, together with a copy of any notice given under subsection (1) shall be sent to the Attorney General, without delay.
(3) If the warrant is not able to be executed, a report explaining the reasons for this shall be sent to the Attorney General, without delay.

108. (1) If a police officer seizes a thing under a warrant issued under section 102, it shall be delivered into the custody and control of—
(a) the Commissioner of Police; or
(b) a police officer designated by the Commissioner to receive things seized under this Act.
(2) The Commissioner of Police or designated police officer must—
(a) inform the Attorney General, without delay, that the thing has been so delivered;
(b) retain the thing for a period not exceeding three months from the day on which the thing was seized, pending the Attorney General’s direction under subsection (3) about how to deal with the thing; and
(c) comply with any direction given by the Attorney General.
(3) The Attorney General may, by written notice, give the Commissioner of Police or designated police officer a direction—
(a) requiring the Commissioner of Police or des¬ignated police officer to send the thing to the ICC; and
(b) requiring the Commissioner of Police or des¬ignated police officer to deal with the thing in some other way.
(4) The Attorney General must direct the Commissioner of Police or designated police officer to return the thing seized to the person from whose possession it was seized as soon as practicable, if—
(a) the ICC advises that the thing is not required for the Prosecutor’s investigation or its proceeding; or
(b) no other direction is given by the Attorney General before the expiry of three months from the day on which the thing was seized.

(5) Notwithstanding subsection (4), the Attorney General may refuse to return the thing to the person from whom it was seized if—
(a) the thing is the subject of a dispute as to who is entitled to it;
(b) the thing is required for the investigation of an offence within the jurisdiction of Trinidad and Tobago; or
(c) possession of the thing by the person would be unlawful in Trinidad and Tobago.