Search and seizure

Fiji

Fiji - Mutual Assistance in Criminal Matters 1997 EN

''Part III - ASSISTANCE IN RELATION TO SEARCH AND SEIZURE''

12. Requests by Fiji for search and seizure
(1) This section applies to a proceedings or investigation relating to a criminal matter involving a serious offence against the law of Fiji if there are reasonable grounds to believe that a thing relevant to the proceeding or investigation may be located in a foreign country.
(2) If this section applies to a proceedings or investigation, the Attorney-General may request the appropriate authority of the foreign country -
(a) to obtain a warrant or other instrument that, in accordance with the law of the foreign country, authorises -
(i) a search for a thing relevant to the proceedings or investigation; and
(ii) if the thing, or any other thing that is or may be relevant to the proceedings or investigation is found as a result of the search, the seizure of that thing.
(3) If the appropriate authority of the foreign country has obtained any thing relevant to the proceedings or investigation by means of a process authorised by the law of that country other than the issue (as requested by Fiji) of a warrant or other instrument authorising the seizure of the thing, the thing -
(a) is not inadmissible in evidence in the proceedings, or
(b) is not precluded from being used for the purposes of the investigation, on the ground alone that it was obtained otherwise than in accordance with the request.

13. Requests by foreign countries for search and seizure
(1) Where -
(a) a proceedings or investigation relating to a criminal matter involving a serious offence has commenced in a foreign country;
(b) there are reasonable grounds to believe that a thing relevant to the investigation or proceedings is located in Fiji; and
(c) the foreign country requests the Attorney-General to arrange for the issue of a search warrant under this section in relation to that thing, the Attorney-General may, in writing, authorise a police officer to apply to a Magistrate for the search warrant requested by the foreign country.
(2) A police officer authorised under subsection (1) may apply to a Magistrate for the issue of a warrant to search land or premises for the things to which the request relates in the same way as a police officer may apply for the issue of a search warrant under Part IV of the Criminal Procedure Code.
(3) Where an application is made under subsection (2) for a warrant to search land or premises in Fiji for a thing relevant to an investigation or proceedings in a foreign country, the Magistrate may issue a warrant of the kind in the same manner, and subject to the same conditions, as the Magistrate could issue a search warrant under Part IV of the Criminal Procedure Code and, subject to this Part, the warrant may be executed in the same manner as if it has been issued under the Criminal Procedure Code.
(4) If, in the course of searching, under a warrant issued under this section, for a thing of a kind specified in the warrant, the police officer finds another thing that the police officer believes on reasonable grounds -
(a) to be relevant to the proceedings or investigation in the foreign country or to afford evidence as the commission of a Fiji criminal offence, and
(b) is likely to be concealed, lost or destroyed if it is not seized, the warrant is deemed to authorise the police officer to seize the other thing.
(5) Where the police officer finds, as a result of a search in accordance with a warrant issued under this section, a thing which the police officer seizes wholly or partly because the police officer believes the thing on reasonable grounds to be relevant to the proceeding or investigation in the foreign country, the police officer shall deliver the thing into the custody and control of the Commissioner of Police.
(6) Where a thing is delivered into the custody and control of the Commissioner, of Police under subsection (5), the Commissioner of Police shall without delay inform the Attorney-General that the thing has been so delivered and arrange for the thing to be kept pending a direction in writing from the Attorney-General as to the manner in which the thing is to be dealt with (which may include a direction that the thing be sent to an authority of a foreign country).

''Part III - ASSISTANCE IN RELATION TO SEARCH AND SEIZURE, 13. Requests by foreign countries for search and seizure''
(1) Where -
(a) a proceedings or investigation relating to a criminal matter involving a serious offence has commenced in a foreign country;
(b) there are reasonable grounds to believe that a thing relevant to the investigation or proceedings is located in Fiji; and
(c) the foreign country requests the Attorney-General to arrange for the issue of a search warrant under this section in relation to that thing, the Attorney-General may, in writing, authorise a police officer to apply to a Magistrate for the search warrant requested by the foreign country.
(2) A police officer authorised under subsection (1) may apply to a Magistrate for the issue of a warrant to search land or premises for the things to which the request relates in the same way as a police officer may apply for the issue of a search warrant under Part IV of the Criminal Procedure Code.
(3) Where an application is made under subsection (2) for a warrant to search land or premises in Fiji for a thing relevant to an investigation or proceedings in a foreign country, the Magistrate may issue a warrant of the kind in the same manner, and subject to the same conditions, as the Magistrate could issue a search warrant under Part IV of the Criminal Procedure Code and, subject to this Part, the warrant may be executed in the same manner as if it has been issued under the Criminal Procedure Code.
(4) If, in the course of searching, under a warrant issued under this section, for a thing of a kind specified in the warrant, the police officer finds another thing that the police officer believes on reasonable grounds -
(a) to be relevant to the proceedings or investigation in the foreign country or to afford evidence as the commission of a Fiji criminal offence, and
(b) is likely to be concealed, lost or destroyed if it is not seized, the warrant is deemed to authorise the police officer to seize the other thing.
(5) Where the police officer finds, as a result of a search in accordance with a warrant issued under this section, a thing which the police officer seizes wholly or partly because the police officer believes the thing on reasonable grounds to be relevant to the proceeding or investigation in the foreign country, the police officer shall deliver the thing into the custody and control of the Commissioner of Police.
(6) Where a thing is delivered into the custody and control of the Commissioner, of Police under subsection (5), the Commissioner of Police shall without delay inform the Attorney-General that the thing has been so delivered and arrange for the thing to be kept pending a direction in writing from the Attorney-General as to the manner in which the thing is to be dealt with (which may include a direction that the thing be sent to an authority of a foreign country).

''Part VI-PROCEEDS OF CRIME, Division 2 - Requests by foreign countries, 32. Requests for search and seizure warrants in respect of tainted property''
Where-
(a) a criminal proceedings or investigation has commenced in a foreign country in respect of a serious offence;
(b) there are reasonable grounds to believe that tainted property in relation to the offence is located in Fiji; and
(c) the foreign country requests the Attorney-General to obtain the issue of a search warrant in relation to the tainted property,
the Attorney-General may, in writing, authorise a police officer to apply to a Magistrate under section 103 of the Criminal Procedure Code for a search warrant in relation to that tainted property.

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:

(h) The execution of searches and seizures;