MUTUAL ASSISTANCE (CRIMINAL MATTERS) ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Preservation of informal arrangements

 

PART II
Requests by Jamaica

   4   Requests by Jamaica

   5   Restriction of use of evidence or information obtained or documents or articles produced

   6   Effect of service of document pursuant to request by Jamaica

   7   Request by Jamaica for appearance of foreign inmate as witness in Jamaica

   8   Warrant for and custody of foreign inmate

   9   Immunities and privileges re persons brought to Jamaica

   10   Status of person prosecuted after departure from relevant foreign state

   11   Release of certain persons upon request by foreign state

   12   Arrest of person who escaped from custody

   13   Request by Jamaica for making or enforcement of forfeiture orders, etc

   14   Requests by Jamaica for issue of orders in foreign state

 

PART III
Requests by Foreign States

   15   Provision of assistance under this Part

   16   Grounds for refusal of assistance

   17   Assistance in part or subject to conditions

   18   Postponement of execution of requests

   19   Execution of requests

   20   Assistance in relation to taking of testimony and production of documents

   21   Privileges of witnesses

   22   Requests for production of judicial or official records

   23   Requests by a relevant foreign state for search and seizure

   24   Confidentiality of information or evidence, etc

   25   Requests for giving of evidence by inmate at hearing in foreign state

   26   Requests for assistance re investigations in relevant foreign state

   27   Request by foreign state for enforcement of orders

   28   Request by foreign state for warrants for search and seizure in respect of tainted property

   29   Request by foreign state for restraint order

   30   Service of documents

 

PART IV
General

   31   Application of the provisions of this Act to foreign state

   32   Regulations

   33   Rules of Court

   34   Repeals

      SCHEDULES

 

THE MUTUAL ASSISTANCE (CRIMINAL MATTERS) ACT

[Date of Commencement: 14th July, 1995]

Acts
5 of 1995,
28 of 1996,
18 of 2005,
4 of 2007.

PART I
Preliminary (sections 1-3)

1   Short title

   This Act may be cited as the Mutual Assistance (Criminal Matters) Act.

2   Interpretation

   In this Act-

   "Central Authority" means the Minister responsible for justice or any person designated by him for the purpose of performing such functions or duties of the Central Authority as may be specified in the instrument of designation;

   "criminal investigation" means an investigation into an offence;

   "criminal matter" includes a criminal matter relating to-

   (a)   revenue;

   (b)   the forfeiture or confiscation of property in respect of a prescribed offence;

   (c)   the imposition or recovery of a pecuniary penalty in respect of a prescribed offence;

   (d)   the restraining of dealings in property or the freezing of assets that may be forfeited or confiscated, or that may be needed to satisfy a pecuniary penalty imposed in respect of a prescribed offence;

   "criminal proceeding" in relation to an offence, means-

   (a)   a trial of a person for the offence

   (b)   any proceeding to determine whether any person should be tried for an offence; or

   (c)   the preferment of a voluntary bill of indictment;

   "designated Commonwealth state" meant a Commonwealth state designated by the Minister in an order made under section 31(1) for the purposes of of this Act;

   "foreign forfeiture order" means an order made under the law of a relevant foreign state for the forfeiture or confiscation of property in respect of a prescribed offence;

   "foreign inmate" means a person who is being held in custody pending trial or sentence for, or is under a sentence of imprisonment for, an offence against a law of a foreign state, but does not include a person who is at large after having escaped from lawful custody;

   "foreign pecuniary penalty order" means an order made under the law of a relevant foreign state, imposing a pecuniary penalty in respect of a prescribed offence;

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.