CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

23. Assistance to country in obtaining evidence.

(1) This section applies where a request is transmitted seeking assistance from Trinidad and Tobago in obtaining, by any of the means stated in section 7, evidence or information relevant to any criminal proceedings in the Commonwealth country making the request, and the request is accepted.

(2) A person, from whom evidence is taken in Trinidad and Tobago pursuant to a request for assistance under this section by a Commonwealth country—

(a) may refuse to answer any question if—
(i) the refusal is based on the laws of Trinidad and Tobago;
(ii) to answer the question would constitute a breach of a privilege recognised by the laws of the Commonwealth country; or
(iii) to answer the question would constitute the commission by the person of an offence against the laws of the Commonwealth country; and

(b) shall not be compelled to give evidence for the purposes of, or in connection with, any criminal proceedings other than those to which the request relates.

(3) Where the request for assistance under this section is for evidence or information relating to the matters set out in section 7(c), copies of such records not publicly available may be produced or examined, only to the extent that they could be produced or examined in accordance with the laws of Trinidad and Tobago.

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

23. Assistance to country in obtaining evidence.

(1) This section applies where a request is transmitted seeking assistance from Trinidad and Tobago in obtaining, by any of the means stated in section 7, evidence or information relevant to any criminal proceedings in the Commonwealth country making the request, and the request is accepted.

(2) A person, from whom evidence is taken in Trinidad and Tobago pursuant to a request for assistance under this section by a Commonwealth country—

(a) may refuse to answer any question if—
(i) the refusal is based on the laws of Trinidad and Tobago;
(ii) to answer the question would constitute a breach of a privilege recognised by the laws of the Commonwealth country; or
(iii) to answer the question would constitute the commission by the person of an offence against the laws of the Commonwealth country; and

(b) shall not be compelled to give evidence for the purposes of, or in connection with, any criminal proceedings other than those to which the request relates.

(3) Where the request for assistance under this section is for evidence or information relating to the matters set out in section 7(c), copies of such records not publicly available may be produced or examined, only to the extent that they could be produced or examined in accordance with the laws of Trinidad and Tobago.

24. Assistance to country in locating or identifying person.

(1) This section applies where a request is transmitted seeking assistance from Trinidad and Tobago in locating or identifying and locating, a person believed to be in Trinidad and Tobago, who—

(a) is or might be concerned in or affected by; or
(b) could give or provide evidence or assistance relevant to,
any criminal proceedings in the Commonwealth country making the request, and the request is accepted.

(2) Where this section applies, the Central Authority shall use its best endeavours to have the person located or, as the case may be, identified and located, and shall inform the central authority for the Commonwealth country making the request as to the outcome of those endeavours.

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.

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.

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.

28. Assistance to country in serving documents.

(1) This section applies where a request is transmitted seeking assistance of Trinidad and Tobago in effecting the service of a document on a person or an authority 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 Central Authority shall—

(a) use its best endeavours to have the document served—
(i) in accordance with procedures proposed in the request; or
(ii) if those procedures would be unlawful or inappropriate, or no procedures are so proposed, in accordance with the law of Trinidad and Tobago; and

(b) if the document—
(i) is served, transmit to the central authority for the Commonwealth country making the request, a certificate as to service; or
(ii) is not served, transmit to that central authority a statement of the reasons which prevented the service.

(3) A person served with a document under this section who fails to comply with the summons shall not be liable to any penalty or measure of compulsion notwithstanding any contrary statement in the summons.

29. Assistance to country in tracing property, etc.

(1) This section applies where—

(b) property derived or obtained, directly or indirectly, by the person from the commission of that offence is suspected, on reasonable grounds, to be in Trinidad and Tobago;
(c) a request is transmitted seeking assistance by Trinidad and Tobago in identifying, locating or assessing the value or amount of that property; and
(d) the request is accepted.

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

(a) shall use its best endeavours to give the assistance requested and, in doing so, may invoke such powers and procedures as may be prescribed for the purposes of this section; and
(b) shall inform the Central Authority for the Commonwealth country making the request as to the outcome of those endeavours.

30. Assistance to country in relation to certain orders.

(1) This section applies where—

(a) an order is made in a Commonwealth country—
(i) confiscating or forfeiting property derived or obtained, directly or indirectly, from the commission of a specified serious offence;
(ii) imposing on the person, against whom the order is made, a pecuniary penalty calculated by reference to the value of property so derived or obtained; or
(iii) restraining dealings with property which is, or is suspected on reasonable grounds of being, property so derived or obtained;

(b) property available for the satisfaction of the order of the pecuniary penalty under the order, or to which the order would apply, is suspected on reasonable grounds, to be in Trinidad and Tobago;

(c) a request is transmitted requesting that the order concerned be enforced in accordance with the laws of Trinidad and Tobago and to that end Trinidad and Tobago give appropriate assistance; and

(d) the request is accepted.

(2) Where this section applies, the Attorney General shall cause an application to be made to the Supreme Court in accordance with the Rules of the Supreme Court for the registration of the order concerned.

(3) On application made under subsection (2), the Registrar of the Supreme Court shall register the order if he is satisfied—

(a) that at the time of registration the order is in force in the Commonwealth country; and

(b) that, in the case of an order such as is referred to in subsection (1)(a)(ii)—
(i) the person against whom the order was made appeared in the proceedings or, if he did not do so, that he received notice of the proceedings in sufficient time to enable him to defend them;
(ii) the order is not subject to appeal; and
(iii) that enforcing the order in Trinidad and Tobago would not be contrary to the interest of justice.

(4) Where an order is registered in accordance with this section, a copy of any amendment made to the order, whether before or after registration, may be registered in the same way as the order, and the amendments shall not have effect until they are so registered.

(5) An order or an amendment of an order shall be registered by the registration, in accordance with the Rules of the Supreme Court, of—

(a) a copy of the order or amendment sealed by the Court or other authority making the order or amendment; or
(b) a copy of the order or amendment duly authenticated in accordance with section 35(2)(a).

(6) The Supreme Court shall, after appropriate notice has been given to the Central Authority, cancel the registration of an external confiscation order or an external forfeiture order if—

(a) it appears to the Court that the order has been satisfied whether by payment of the amount due under the order or by the serving of a term of imprisonment by the person against whom the order is made; or
(b) after appropriate notice has been given to the Central Authority, it appears to the Court that the order has ceased to have effect in the Commonwealth country that made the request for assistance.

(7) In this section, “appeal” includes any proceedings by way of discharging or setting aside a judgment or an application for a new trial or stay of execution.

31. Assistance to country in obtaining restraining order.

(1) This section applies where—

(a) the Central Authority of a Commonwealth country transmits to the Central Authority, a certificate to the effect that—
(i) a named person has been, or is likely to be charged with, or has been convicted of, a specified serious offence; and
(ii) an order has been, or is likely to be made that has or, will have, the effect under the laws of that country—
(A) of confiscating or forfeiting property derived or obtained, directly or indirectly, by that person from the commission of the serious offence; or
(B) of imposing on that person a pecuniary penalty calculated by reference to the value of the property so derived or obtained;

(b) property so derived or obtained, or which would be available to satisfy a pecuniary penalty under the confiscation order, or, under such an order if made, is suspected on reasonable grounds to be in Trinidad and Tobago;

(c) a request is transmitted requesting that an order be made, in accordance with the laws of Trinidad and Tobago, restraining dealings with property and that Trinidad and Tobago give the appropriate assistance; and

(d) the request is accepted.

(2) Where this section applies the Attorney General shall cause an application to be made to the Supreme Court in accordance with the Rules of the Supreme Court to secure the making of an appropriate order.

(3) The provisions of subsections (2) to (6) of section 30, shall apply mutatis mutandis with respect to the implementation of a request under this section.

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.

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 II

INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Co-operation Relating to Offences Against Administration of Justice

23. (1) If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice that request must be dealt with in the case of a request for—

(d) any other type of assistance, in the manner provided in Parts III and V and those Parts and, if applicable, Part VIII apply accordingly and with the necessary modifications, subject to any contrary provision in the statute or the Rules.

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24.(2) Nothing in this section—
(a) limits the type of assistance that the ICC may request under the Statute or the Rules, whether in relation to the provision of infor¬mation or otherwise; or
(b) prevents the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Identifying or Locating Persons or Things
81. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 64 or 93(1)(a) of the Statute in locating or identifying a person or a thing believed to be in Trinidad and Tobago.
(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) the person to whom or thing to which the request relates is or may be in Trinidad and Tobago.

(3) If the Attorney General gives authority for the request to proceed—
(a) he must forward the request to the appro¬priate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to locate or, as the case may be, identify and locate the person to whom or thing to which the request relates; and
(ii) advise the Attorney General of the outcome of those endeavours.
(4) This section does not give any person a power to enter property in order to locate a person or item.
Taking evidence and producing documents
82. (1) This section applies if the ICC requests, under any of article 19(8), 56, 64, or 93(1)(b) of the Statute, that—
(a) evidence be taken in Trinidad and Tobago; or
(b) documents or other articles in Trinidad and Tobago be produced.
(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 to a proceeding before the ICC; and
(b) there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in Trinidad and Tobago.
83. (1) If the Attorney General gives authority for a request relating to the taking of evidence to proceed, the statement of each witness shall be taken in writing on the oath or affirmation of that witness by a Judge.


(2) The Judge who takes evidence under subsection (1), shall—
(a) certify that the evidence was taken by him; and
(b) ensure that the evidence, as certified, is sent to theAttorney General.
84. (1) If the Attorney General gives authority for a request relating to the production of documents or other articles to proceed, a Judge may make an order requiring their production.
(2) If the documents or other articles are produced, the Judge must send them to the Attorney General together with a written statement certifying that they were produced to the Judge.
(3) Notwithstanding subsection (2), in the case of documents that are produced, the Judge may send to the Attorney General copies of the documents certified by the Judge to be true copies instead of the originals.
(4) Subsections (2) and (3) apply subject to any contrary order by the Judge.

85. (1) The applicable law with respect to compelling a person to appear before a Judge under section 83 or 84 and to give evidence or answer questions, or to produce documents or other articles, is the law specified in subsection (2) and that law applies with any necessary modification.

(2) For the purposes of subsection (1), the applicable law is the law of Trinidad and Tobago that applies to the giving of evidence or the answering of questions or the production of documents or other articles on the hearing of a charge against a person for an offence against the law of Trinidad and Tobago.
(3) Notwithstanding subsection (1), for the purposes of sections 83 and 84, the person to whom the investigations being conducted by the Prosecutor, or the proceeding before the ICC relates, is competent but not compellable to give evidence.

(4) Notwithstanding subsection (1), a person who is required under section 83 or 84 to give evidence, or to produce documents or other articles, is not required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the investigation being conducted by the Prosecutor or the proceeding before the ICC.
(5) A person who is required under section 83 or 84 to give evidence or to produce documents or other articles—
(a) has the same privileges in relation to the answering of questions and the production of documents or articles as if the investigation was being conducted in Trinidad and Tobago or the proceeding was pending in a Trinidad and Tobago court, as the case may be; and
(b) shall be given a copy of any statement required to be given to a witness under the Rules in the manner and form required by the Rules.
(6) Subsections (4) and (5) apply subject to section 31 and any contrary provision in the Statute or the Rules.
86. (1) In this section, “evidence certificate” means a certificate or declaration that—
(a) is given or made by or on behalf of the ICC; and
(b) specifies or declares whether, under the Statute or the Rules, a specified person or class of persons could or could not be required to answer a specified question or to produce a specified document—
(i) generally;
(ii) in specified proceedings; or
(iii) in specified circumstances.

(2) An evidence certificate authenticated under subsection (3) is admissible in proceedings for the purposes of the application of section 85(4) as prima facie evidence of the matters stated in the certificate.
(3) A certificate is authenticated for the purposes of subsection (2) if it purports to be—
(a) signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or
(b) authenticated in any other manner authorized by the Statute or the Rules.
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.
(3) A certificate by a Judge under section 83(2) or 84(2) shall state whether any of the persons specified in subsection (1) were present when the evidence was taken or the documents or other articles were produced.
88. (1) A Judge may authorize a Registrar of the High Court to exercise the powers of a Judge under section 83 or 84 in respect of any particular case.
(2) An authorization given under subsection (1) may be revoked at any time by a Judge.

(3) If a matter in respect of which a Registrar has jurisdiction under an authorization given under subsection (1) appears to the Registrar to be one of special difficulty, the Registrar may refer the matter to a Judge, who may—
(a) dispose of the matter; or
(b) refer it back to the Registrar with such directions as the Judge thinks fit.
(4) Nothing in this section prevents the exercise by any Judge of any jurisdiction or powers conferred on any Registrar under this section.
Questioning Persons
89. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 64 or 93(1)(c) of the Statute in questioning a person who is being investigated or prosecuted.
(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) the person is or may be in Trinidad and Tobago.
(3) If the Attorney General gives authority to proceed—
(a) he shall forward the request to the appro¬priate Trinidad and Tobago agency; and
(b) the agency shall, without delay:
(i) use its best endeavours to under¬take the questioning that the ICC has requested;
(ii) ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and

(iii) advise the Attorney General of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to him.
90. (1) This section applies if there are grounds to believe that a person who is to be questioned by a Trinidad and Tobago agency following a request under article 93(1)(c) of the Statute has committed a crime within the juridiction of the ICC.
(2) If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that he has committed a crime within the jurisdiction of the ICC and that he has the right—
(a) to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(b) to have legal assistance of the person’s choosing, or, if he does not have legal assistance, to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; and
(c) to be questioned in the presence of a lawyer unless the person voluntarily waives the right to counsel.
(3) If there is any inconsistency between subsection (2) and any other enactment, subsection (2) prevails.
(4) This section does not give any person power to require another person to answer questions.

Assistance in Arranging Service
91. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 58(7), 64 or 93(1)(d) of the Statute in arranging for the service of a document in Trinidad and Tobago.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation conducted by the Prosecutor or a proceeding before the ICC;
(b) the person or body to be served is or may be in Trinidad and Tobago.
(3) If the Attorney General gives authority for the request to proceed he shall forward the request for service to the appropriate Trinidad and Tobago agency, and that agency shall, without delay—
(a) use its best endeavours to have the process served—
(i) in accordance with any procedure specified in the request; or
(ii) if that procedure would be unlawful or inappropriate in Trinidad and Tobago, or if no procedure is specified, in accordance with the law of Trinidad and Tobago; and
(b) transmit to the Attorney General—
(i) a certificate as to service, if the document is served; or
(ii) a statement of the reasons that prevented service, if the docu¬ment is not served.
(4) In this section, “document” includes—
(a) a summons requiring a person to appear as a witness; and
(b) a summons to an accused that has been issued under article 58(7) of the Statute.


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.
Temporary Transfer of Prisoners
95. (1) This section applies if the ICC requests assistance under article 93(1)(f) of the Statute in facilitating the temporary transfer to the ICC of a Trinidad and Tobago prisoner.
(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) the prisoner’s attendance is sought for the purposes of identification or for obtaining evidence or other assistance.
96. (1) If the Attorney General gives authority for the request to facilitate the temporary transfer of a Trinidad and Tobago prisoner to proceed, the Attorney General 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), shall make such inquiries as may be necessary to ascertain if the prisoner will consent to the transfer.
(3) The Attorney General may ask the ICC to give one or more of the following assurances:
(a) that the prisoner will not be released from custody without the prior approval of the Attorney General;

(b) that the prisoner will be returned to Trinidad and Tobago Tobago without delay 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.
97. (1) The Attorney General may authorize the temporary transfer of a Trinidad and Tobago prisoner to the ICC if the Attorney General is satisfied that—
(a) the prisoner has consented to giving the evidence or assistance requested; and
(b) the ICC has given adequate assurances where appropriate.
(2) If the Attorney General authorizes the temporary transfer of the prisoner to the ICC, he may—
(a) direct that the prisoner be released from the prison in which he is detained, for the purpose of the transfer to the ICC; and
(b) make arrangements for the prisoner to travel to the ICC in the custody of—
(i) a police officer;
(ii) a prison officer; or
(iii) a person authorized for the purpose by the ICC.
(3) A direction given by the Attorney General under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which he is detained, for the purposes of the direction.
(4) Every person released under a direction given under subsection (2) is to be treated as continuing to be in the legal custody of the penal institution from which he is so released, while in Trinidad and Tobago during the period of that release.

98. (1) If a prisoner who is charged with or convicted of an offence against the law of Trinidad and Tobago is transferred to the ICC under section 97, the provisions of section 99 of this Act shall apply to any period that the person spends in custody outside Trinidad and Tobago in connection with the request before sentence is imposed for the Trinidad and Tobago offence.
(2) If a prisoner who is serving a sentence for a Trinidad and Tobago offence is transferred to the ICC under section 97—
(a) he is to be treated, while in custody outside Trinidad and Tobago in connection with the request, as being in custody for the purposes of the Trinidad and Tobago sentence, which continues to run; and
(b) the Attorney General—
(i) may at any time notify the ICC that the prisoner is no longer required to be kept in custody; and
(ii) must notify the ICC if the prisoner is no longer liable to be detained in a Trinidad and Tobago prison.
99. (1) If a prisoner who is charged with or convicted of an offence against the law of Trinidad and Tobago (hereinafter referred to as the Trinidad and Tobago offence) is transferred to the ICC under section 97 before sentence is imposed for the Trinidad and Tobago offence, the Attorney General may—
(a) advise the ICC of the date on which the prisoner was sentenced for the Trinidad and Tobago offence; and
(b) request the ICC to provide a certificate recording the total period during which the prisoner was detained outside Trinidad and Tobago in connection with the request until sentence was imposed for the Trinidad and Tobago offence.

(2) A certificate obtained under subsection (1) is presumed to be accurate in the absence of any evidence to the contrary.
(3) The Attorney General may issue a certificate setting out the date and period specified in subsection (1) if—
(a) the ICC does not provide a certificate within a reasonable time after he makes a request under subsection (1); and
(b) he is satisfied from the information that he has, that an accurate calculation can be made of the period referred to in paragraph (b) of subsection (1).
Examination of Places or Sites
100. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 64 or 93(1)(g) of the Statute in examining places or sites in Trinidad and Tobago.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall forward the request to the appropriate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to under¬take the examination of the place or site in the manner that the ICC has requested;

(ii) make such report on the examination as it considers to be appropriate in the circumstances; and
(iii) deliver the report of the examination to the Attorney General.
(4) This section does not give any person the power to enter a place or site.
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.
Provision of Records and Documents
109. (1) This section applies if the ICC makes a request under article 93(1)(i) of the Statute for the provision of records and documents, including official records and documents.
(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) the document or record sought is or may be in Trinidad and Tobago.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall forward the request to the appropriate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to locate and make available the document or record sought;
(ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and

(iii) deliver the document or record, if located, to the Attorney General.
(4) This section does not give any person power to require the production of a document or record.
Protecting Victims and Witnesses and
Preserving Evidence
110. (1) This section applies if the ICC requests assistance under—
(a) article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence;
(b) article 19(8), or paragraph (2) or (3) of article 56, in preserving evidence.
(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) the assistance sought is not prohibited by Trinidad and Tobago law.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall—
(i) take such steps as he thinks appropriate in the particular case;
(ii) forward the request to the appropriate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to give effect to the request;

(ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
(iii) deliver the report to the Attorney General.
Identifying, Freezing, or Seizing Property
Associated with Crime

111. (1) This section applies if the ICC requests assistance under article 93(1)(k) of the Statute in identifying, tracing and freezing, or seizing tainted property for the purpose of eventual forfeiture.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an international crime that is being investigated by the Prosecutor, or which is the subject of proceedings before the ICC; and
(b) tainted property is or may be located in Trinidad and Tobago.
112. (1) If the Attorney General gives authority for the request for assistance in identifying, tracing and freezing, or seizing tainted property to proceed, he may authorize the appropriate Trinidad and Tobago authority to apply for one or more of the following orders or warrants under the Proceeds of Crime Act, 2000: Act No.55 of 2000
(a) a search warrant;
(b) a restraint order;
(c) a charging order; or
(d) a confiscation order.
(2) If the ICC’s request relates to the freezing of tainted property, and the ICC has made an order in the nature of a restraint order, the Attorney General may authorize the appropriate authority to register that order, and section 130 shall apply accordingly, with the necessary modifications.

Other Types of Assistance
113. (1) This section applies if the ICC requests any other type of assistance under article 93(1) of the Statute for the purposes of facilitating the investigation and prosecution of crimes within the jurisdiction of 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; and
(b) the assistance sought is not prohibited by Trinidad and Tobago law.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall—
(i) take such steps as he thinks appropriate in the particular case; and
(ii) forward the request to the appropriate Trinidad and Tobago agency;
(b) that agency shall, without delay—
(i) use its best endeavours to give effect to the request;
(ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
(iii) deliver the report to the Attorney General.
(4) If the Attorney General considers that the assistance sought cannot lawfully be provided, he shall, before refusing the request, and in accordance with article 93(5) of the Statute—
(a) consult with the ICC; or

(b) consider whether the assistance can be provided subject to conditions or whether it can be provided at a later date or in an alternative manner.
Restrictions on Provision of Assistance
114. (1) The Attorney General shall refuse a request by the ICC for assistance to which this Part applies if—
(a) the ICC does not accept the conditions or other modifications suggested in order to implement the request as contemplated by article 93(5) of the Statute and section 113(4);
(b) the ICC determines under article 18 or 19 of the Statute that the case to which the request relates is inadmissible and section 118(4) applies; or
(c) section 120(4) applies.

(2) The Attorney General may refuse a request by the ICC to which this Part applies if —
(a) Part VIII, which relates to the protection of national security or third party information applies; or
(b) there are competing requests from the ICC and a State that is not a party to the Statute relating to the same conduct and section 63(4), as applied by section 119, applies.
(3) To avoid doubt the only grounds on which assistance to the ICC may be refused are those specified in this section and, if applicable, section 23(2), which relates to offences involving the administration of justice.

115. (1) The Attorney General may postpone the execution of a request for assistance under this Part if—
(a) the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 117 applies;
(b) a ruling on admissibility is pending before the ICC and section 118 applies;
(c) there are competing requests from the ICC and from another State to which Trinidad and Tobago is under an international obligation and section 119(2)(a) applies;
(d) the request is for assistance under article 93(1)(l) of the Statute and is one to which section 113(4) applies; or
(e) a request of the kind referred to in section 120(2)(c) is made to the ICC.
(2) Even if a case is one to which subsection (1) applies, the Attorney General may decide not to post¬pone the execution of the request, and in that event the request must be dealt with in accordance with this Part.
(3) If the Attorney General postpones the execu¬tion of a request for assistance under this Part, the postponement may be for a reasonable time and may, if the Attorney General considers it desirable, be extended from time to time.
116. If the execution of a particular measure of assistance specified in a request to which this Part applies is prohibited under the laws in Trinidad and Tobago, notwithstanding any other provision in this Part, the Attorney General shall—
(a) consider whether the assistance can be provided in another manner or subject to conditions; and
(b) promptly consult with the ICC in order to resolve the matter.

117. (1) If the immediate execution of a request by the ICC for assistance to which this Part applies would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the Attorney General may postpone the execution of the request for a period of time agreed between the Attorney General and the ICC.
(2) Notwithstanding section 115(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.
(3) Before making a decision to postpone the execution of a request, the Attorney General shall consider whether the assistance could be provided immediately subject to certain conditions.
(4) If the Attorney General decides to postpone the execution of a request and the ICC seeks assistance in the preservation of evidence under article 93(1)(j) of the Statute, the Attorney General shall deal with that request in accordance with this Part.
118. (1) This section applies if the ICC is considering an admissibility challenge under article 18 or 19 of the Statute in respect of a case that a request to which this part applies.
(2) If the ICC has not made an order under article 18 or 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney General may postpone the execution of the request until the ICC’s determination on admissibility is issued.
(3) If the ICC has made an order under article 18 or 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney General may not postpone the execution of a request under this section but must deal with it under this Part.
(4) If the ICC determines that the case to which the request relates is admissible, the request shall be refused.

(5) If the ICC determines that the case to which the request relates is admissible, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part.
119. (1) If the Attorney General receives competing requests for assistance from the ICC and from another State to which Trinidad and Tobago is under an obligation to respond, the Attorney General shall endeavour, after consultation with the ICC and the other State, to satisfy both requests.
(2) For the purposes of subsection (1), the Attorney General may do either or both of the following:
(a) postpone the execution of either of the competing requests; or
(b) attach conditions to the provision of assistance under either or both of the requests.
(3) If it is not possible to resolve the issue by consultation, the method of dealing with the competing requests shall be resolved in accordance with article 90 of the Statute, and sections 61 to 65 shall apply with any necessary modifications.
120. (1) If a request by the ICC for assistance to which this Part applies concerns persons who, or infor¬mation or property that, are subject to the control of another State or an international organization under an international agreement, the Attorney General shall inform the ICC to enable it to direct its request to the other State or international organization.
(2) Subsections (3) to (5) apply if—
(a) the ICC makes a request for assistance;
(b) the ICC has not previously made a final determination on whether or not article 98(1) of the Statute applies to that request; and

(c) a request is made to the ICC to determine whether or not article 98(1) applies to the request for surrender.
(3) If this subsection applies, the Attorney General may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance.
(4) If the ICC advises that it does not intend to proceed with the request, the request for assistance shall be refused.
(5) If the ICC advises that it intends to proceed with the request for assistance, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.
Miscellaneous
121. At any time before a formal response is sent to the ICC, the Attorney General may decide that a request by the ICC for assistance to which this Part applies will be refused or the execution of the request postponed, on a ground specified in section 114 or 115, even if the Attorney General has previously given authority for the request to proceed.
122. If the ICC makes a request under Part 9 of the Statute to assist a defendant in the preparation of his or her defence, that request shall be dealt with in the same manner as a request for assistance of a similar type, to assist the Prosecutor.

123. (1) The Prosecutor may execute a request that does not involve any compulsory measures on Trinidad and Tobago territory in the circumstances specified in article 99(4) of the Statute.
(2) If the Attorney General identifies difficulties with the execution of a request to which article 99(4)(b) of the Statute relates, the Attorney General shall, without delay, consult with the ICC in order to resolve the matter.

(3) The provisions of this Act and the Statute, allowing a person heard or examined by the ICC under article 72 of the Statute to invoke restrictions designed to prevent disclosure of confidential information connected with national security, apply to the execution of requests for assistance under article 99 of the Statute.