← belizelaw.ai · Mutual Legal Assistance And, Cap. 103:04 · PART II — General Provisions
Search, etc. for material relevant to overseas investigation
Cap. 103:04, s. 18 · Revised Edition 2020
(1) If, on an application made by a police officer, a Magistrate is satisfied–
(a) that criminal proceedings for an offence have been instituted against a person in a foreign State or that a person has been arrested in the course of a criminal investigation carried on in that State into such an offence; and
(b) that there are reasonable grounds for suspecting that there is on premises in Belize occupied or controlled by that person evidence relating to that offence;
he may issue a warrant authorising a police officer to enter and search those premises and to seize any such evidence found there.
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(2) The power to search conferred by sub–section (1) is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence as is there mentioned.
(3) No application for a warrant or order shall be made by virtue of sub–section (1) except in pursuance of a direction given by the central authority in response to a request received–
(a) from a court or tribunal exercising criminal jurisdiction in the overseas State in question or a prosecuting authority in that State; or
(b) from any other authority in that State which appears to him to have the function of making request for the purposes of this section,
and any evidence seized by a police officer by virtue of this section shall be furnished by him to the central authority for transmission to that court, tribunal or authority.
(4) If in order to comply with the request it is necessary for any such evidence to be accompanied by any certificate,
affidavit or other verifying document, the police officer shall also furnish for transmission such document of that nature as may be specified in the direction given by the central authority.
(5) Where the evidence consists of a document, the original or a copy shall be transmitted, and where it consists of any other article, the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.
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