SCHEDULE 1
Article 2
PROVISIONS OF THE CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 1990 AS EXTENDED TO ANGUILLA
PART I
CRIMINAL PROCEEDINGS AND INVESTIGATIONS
Mutual service of process
1. Service of overseas process in Anguilla.
(1) This section has effect where the Governor receives from the government of, or other authority in, a country or territory outside Anguilla—
(a)
(a) a summons or other process requiring a person to appear as defendant or attend as a witness in criminal proceedings in that country or territory; or
(b)
(b) a document issued by a court exercising criminal jurisdiction in that country or territory and recording a decision of the court made in the exercise of that jurisdiction,
together with a request for it to be served on a person in Anguilla.
(2) The Governor may 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 him.
(3) Service by virtue of this section of any such process as is mentioned in subsection (1)(a) above shall not impose any obligation under the law of Anguilla to comply with it.
(4) Any such process served by virtue of this section shall be accompanied by a notice—
(a)
(a) stating the effect of subsection (3) above;
(b)
(b) indicating that the person on whom it is served may wish to seek advice as to the possible consequences of his failing to comply with the process under the law of the country or territory where it was issued; and
(c)
(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 Anguilla.
(5) Where the Commissioner of police is directed under this section to cause any process or document to be served he shall after it has been served forthwith inform the Governor when and how it was served and (if possible) furnish him with a receipt signed by the person on whom it was served; and if the Commissioner has been unable to cause the process or document to be served he shall forthwith inform the Governor of that fact and of the reason.
2. Service of Anguilla process overseas.
(1) Process of the following descriptions, that is to say—
(a)
(a) a summons requiring a person charged with an offence to appear before a court in Anguilla; and
(b)
(b) a summons or order requiring a person to attend before a court in Anguilla for the purpose of giving evidence in criminal proceedings,
may be issued or made notwithstanding that the person in question is outside Anguilla and may be served outside Anguilla in accordance with arrangements made by the Governor.
(3) Service of any process outside Anguilla by virtue of this section shall not impose any obligation under the law of Anguilla to comply with it and accordingly failure to do so shall not constitute contempt of any court or be a ground for issuing a warrant to secure the attendance of the person in question.
(4) Subsection (3) above is without prejudice to the service of any process (with the usual consequences for non-compliance) on the person in question if subsequently effected in Anguilla.
Mutual provision of evidence
3. Overseas evidence for use in Anguilla.
(1) Where on an application made in accordance with subsection (2) below it appears to a Magistrate or a judge—
(a)
(a) that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed; and
(b)
(b) that proceedings in respect of the offence have been instituted or that the offence is being investigated,
he may issue a letter (“a letter of request”) requesting assistance in obtaining outside Anguilla such evidence as is specified in the letter for use in the proceedings or investigation.
(2) An application under subsection (1) above may be made by a prosecuting authority or, if proceedings have been instituted, by the person charged in those proceedings.
(3) A prosecuting authority which is for the time being designated for the purposes of this section by an order made by the Governor may itself issue a letter of request if—
(a)
(a) it is satisfied as to the matters mentioned in subsection (1)(a) above; and
(b)
(b) the offence in question is being investigated or the authority has instituted proceedings in respect of it.
(4) Subject to subsection (5) below, a letter of request shall be sent to the Governor for transmission either—
(a)
(a) to a court or tribunal specified in the letter and exercising jurisdiction in the place where the evidence is to be obtained; or
(b)
(b) to any authority recognised by the government of the country or territory in question as the appropriate authority for receiving requests for assistance of the kind to which this section applies.
(5) In cases of urgency a letter of request may be sent direct to such a court or tribunal as is mentioned in subsection (4)(a) above.
(6) In this section “evidence” includes documents and other articles.
(7) Evidence obtained by virtue of a letter of request shall not without the consent of such an authority as is mentioned in subsection (4)(b) above be used for any purpose other than that specified in the letter; and when any document or other article obtained pursuant to a letter of request is no longer required for that purpose (or for any other purpose for which such consent has been obtained), it shall be returned to such an authority unless that authority indicates that the document or article need not be returned.
4. Anguilla evidence for use overseas.
(1) This section has effect where the Governor receives—
(a)
(a) from a court or tribunal exercising criminal jurisdiction in a country or territory outside Anguilla or a prosecuting authority in such a country or territory; or
(b)
(b) from any other authority in such a country or territory which appears to him to have the function of making requests of the kind to which this section applies,
a request for assistance in obtaining evidence in Anguilla in connection with criminal proceedings that have been instituted, or a criminal investigation that is being carried on, in that country or territory.
(2) If the Governor is satisfied—
(a)
(a) that an offence under the law of the country or territory in question has been committed or that there are reasonable grounds for suspecting that such an offence has been committed; and
(b)
(b) that proceedings in respect of that offence have been instituted in that country or territory or that an investigation into that offence is being carried on there,
he may, if he thinks fit, by a notice in writing nominate a court in Anguilla to receive such of the evidence to which the request relates as may appear to the court to be appropriate for the purpose of giving effect to the request.
(3) Where it appears to the Governor that the request relates to a fiscal offence in respect of which proceedings have not yet been instituted he shall not exercise his powers under subsection (2) above unless—
(a)
(a) the request is from a country or territory which is a member of the Commonwealth or is made pursuant to a treaty to which the United Kingdom is a party and such treaty has been made applicable to Anguilla; or
(b)
(b) he is satisfied that the conduct constituting the offence would constitute an offence of the same or a similar nature if it had occurred in Anguilla.
(4) For the purpose of satisfying himself as to the matters mentioned in subsection (2)(a) and (b) above the Governor shall regard as conclusive a certificate issued by such authority in the country or territory in question as appears to him to be appropriate.
(5) In this section “evidence” includes documents and other articles.
(6) Schedule A to this Act shall have effect with respect to the proceedings before a nominated court in pursuance of a notice under subsection (2) above.
5. Transfer of Anguilla prisoner to give evidence or assist investigation overseas.
(1) The Governor may, if he thinks fit, issue a warrant providing for any person (“a prisoner”) serving a sentence in a prison or other institution to which the Prison Ordinance2applies to be transferred to a country or territory outside Anguilla for the purpose—
(a)
(a) of giving evidence in criminal...
