Facilitating voluntary appearance of persons - national proceedings

Barbados

Barbados - Mutual Assistance in Criminal Matters Act 1992 EN

Part 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 9 Assistance in arranging attendance of person

Where there are reasonable grounds to believe that a person in a Commonwealth country could give or provide evidence or assistance relevant to a criminal matter, a request may be transmitted requesting that assistance be given by the country in arranging the attendance of the person in Barbados to give or provide that evidence, or assistance.

Part 3 Requests by Commonwealth countries to Barbados for Assistance

Article 22 Assistance to country in arranging attendance of person

(1) This section applies where a request is transmitted requesting that assistance be given by Barbados in arranging the attendance in the Commonwealth country making the request, of a person in Barbados to give or provide evidence or assistance relevant to any criminal matter in relation to that Commonwealth country, and the request is accepted.

(2) Where this section applies, the central authority for Barbados 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.

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 15 Facilitating the Personal Appearance of Witnesses or Other Persons to Give Evidence or Assist in Investigations

1. The requesting State may request that a person who is in the requested State be made available to testify or to assist in an investigation in the requesting State.

2. The requested State shall invite the person to assist in the investigation or to appear as a witness in the proceedings and seek that person’s concurrence thereto. The requested State shall promptly notify the requesting State of the response to the invitation.

3. A person whose appearance as a witness is the subject of a request and who does not agree to appear shall not by reason thereof be liable to any penalty or measure of compulsion in either the requesting State or the requested State.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;