Interpretation

(1) In this Act, unless the context otherwise requires“article” includes document; “Central Authority” in respect of Belize or the United States of America, means the Attorney General of each of those countries as specified in Article 2(2) of the Treaty; “criminal matter” means– (a) in respect of Belize, (i) an investigation, prosecution or proceeding certified by the Attorney General or a person designated by him, to have commenced; or (ii) proceedings so certified by the Attorney General to have been instituted, in Belize in respect of an offence committed, or suspected on reasonable grounds to have been committed, against the laws of Belize; Mutual Legal Assistance in Criminal Matters (Belize/USA) [CAP. 103:01 5 (b) means in respect of the United States of America– (i) an investigation, prosecution or proceeding certified by the Attorney General, or a person designated by him, to have commenced; or (ii) proceedings so certified by the Attorney General to have been instituted, in the United States of America in respect of an offence committed, or suspected on reasonable grounds to have been committed, against the laws of the United States of America; (c) includes forfeiture proceedings, proceedings to restrain dealings with property, proceedings to freeze dealings with bank or other financial accounts of any nature whatsoever, proceedings for the confiscation of property, proceedings for inductions; Anton Pillar Orders, Mareva injunctions, and all other Orders which the Supreme Court is by law authorised to make; proceedings for the imposition of pecuniary penalties calculated by reference to the value of property or benefits arising out of or connected with criminal proceedings, whether such proceedings are characterized under the laws of Belize or the United States of America as criminal or civil proceedings; “criminal offence” means, subject to Article 1 (3) of the (a) an offence under the laws of Belize; or Mutual Legal Assistance in 6 (b) an offence under the laws of the United States of America; “document” has the meaning assigned to it in the Evidence Act. “judicial authorities” means the Magistrate Court, Supreme Court, Court of Appeal and the final appellate court of Belize; “judicial records” means the judgments, orders, decisions and other records held by judicial authorities; “official records” means documents held by Government Ministries and Departments, prosecution and investigative authorities; “property” includes money and all other property, real or personal, moveable or immoveable, including things in action and other intangible or incorporeal property, whether or not situated in Belize, the United States of America or elsewhere, and includes any interest in any such property; “transmitted” in relation to a request, means transmitted pursuant to the Treaty; “Treaty” means the Treaty between the Government of Belize and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters, a text of which is set out in the First Schedule to this Act, which was signed on the 19th September, 2000, and the Exchange of Notes which was signed at Belize on 18 and 22 September, 2000– (a) ratified by Belize on the 8th January, 2001; or (b) ratified by the United States of America on the 23rd January, 2003; Mutual Legal Assistance in Criminal Matters (Belize/USA) [CAP. 103:01 7 and the Instrument of Ratification for which– (a) in respect of Belize, is set out in the Second Schedule to this Act; or (b) in respect of the United States of America, is set out in the Third schedule to this Act, and which entered into force on the 2nd July, 2003, by virtue of the Protocol of Exchange of Instruments of Ratification set out in the Fourth Schedule to this Act. (2) For the purposes of this Act, a ship or aircraft of, or registered in Belize or the United States of America shall be deemed to be part of Belize, or the United States of America, as the case may be. (3) For the purposes of this Act, a person shall be deemed to have been charged with an offence if any information or indictment has been laid or filed against that person for the offence, whether or not a summons to require the attendance of the person to answer to the information or indictment, or a warrant for the apprehension of the person, has been issued. (4) A reference in this Act to property or benefits derived or obtained from the commission of an offence shall be deemed to include a reference to property used in, or in connection with, the commission of the offence.