Bill ensures justice across borders

JUSTICE across international borders is the objective of the Mutual Assistance in Criminal Matters (Amendment) Bill 2003 which was laid in the Senate on Monday, prior to the start of the 2003/2004 Budget debate in the Upper House.

The purpose of the Bill is “to allow Trinidad and Tobago to co-operate with Commonwealth and non-Commonwealth countries in criminal proceedings and investigations by providing for the service in this country of any process (document) issued by a court in a Commonwealth or non-Commonwealth country and for any process issued by a court in this country to be served in a Commonwealth or non-Commonwealth country.” The Bill also allows evidence taken in a court in a Commonwealth or non-Commonwealth nation to be used in TT “and for the use of evidence taken in this country to be used in a Commonwealth or non-Commonwealth country.”

Part Five of the Bill would ensure that if someone charged with committing a crime in TT is overseas, a process could be served on that individual “to require him to attend before a court in this country to give evidence in criminal proceedings.” This section of the Bill also allows the Director of Public Prosecutions (DPP) to request evidence from a court in a Common-wealth or non-Commonwealth nation “for use in criminal proceedings or investigation of an offence in this country.” Clause 7 of the Bill seeks to amend Section 35 (2) of the existing Mutual Assistance in Criminal Matters Act 1997 “to provide that a document is duly authenticated if it is in the form of an affidavit or a statutory declaration and is therefore admissible in evidence.”