Production, search and seizure

(1) Where, on receipt of a request, the central authority is satisfied that– (a) the request relates to a criminal matter in the requesting State; and (b) there are reasonable grounds for believing that the item to which the request relates is relevant to the criminal matter and is located in Belize, the central authority, or an authorised officer directed by him, may apply to the Supreme Court for an order under sub–section (3) or a warrant under sub–section (4) in respect of specified premises. (2) An application for a warrant referred to in sub–section (4) in respect of any item in the possession of a financial institution shall not be made unless that item can be particularised. (3) If, on such an application, the court is satisfied that the conditions referred to in sub–section (7) are fulfilled, it may make an order that the person who appears to the court to be in possession of the item to which the application relates shall– (a) produce the item to an authorised officer for him to take away; or (b) give an authorised officer access to the item, within seven days of the date of the order or such other period as the court considers appropriate. 32 (4) On an application referred to in sub–section (1), the court may issue a warrant in writing authorizing the central authority, or an authorised officer directed by him, to enter the premises, using such force as may be necessary, at any time within 14 days commencing on the day of the issue of the warrant, and search the premises if the court is satisfied that the conditions in subsection (7) are fulfilled and that– (a) an order made under sub–section (3) in relation to any item on the premises has not been complied with; or (b) the circumstances of the matter require that urgent action be taken. (5) The central authority, or an authorised officer directed by him, entering premises by virtue of a warrant under this section– (a) may take such other persons and equipment with him as he thinks necessary; (b) may seize and remove any item whatsoever found there which he has reasonable cause to believe may contain information relevant to a request; and (c) shall prepare a list of the items seized, where anything has been seized, and, if so requested by a person showing himself either– (i) to be the occupier of the premises; or (ii) to have had possession or custody of those items immediately before the provide that person with a copy of that list; and International Co-operation Act [CAP. 103:04 33 (d) on leaving the premises entered by virtue of a warrant under this section, shall, if they are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them. (6) The central authority may transfer any item seized to the requesting State in accordance with the terms of this Act and the applicable treaty and may, in writing, state any conditions that apply to such transfer. (7) The conditions to be fulfilled under sub–sections (3) and (4) are that– (a) there are reasonable grounds for suspecting that a specified person in Belize has carried on or has benefited from an offence relating to the item in respect of which the request is made; (b) there are reasonable grounds for believing that the item to which the application relates– (i) is likely to be of substantial value, whether by itself or together with another item, to the criminal matter in respect of which the request is made; and (ii) does not consist of or include items subject to legal professional privilege; and (c) the court is satisfied that it is not contrary to the public interest for the order or warrant to be issued. 34