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.