Interpretation

In this Act, unless the context otherwise requires, “Community” means the Caribbean Community including the CARICOM Single Market and Economy (CSME) established by the Revised Treaty of Chaguaramas signed at Nassau, The Bahamas on 5th July, 2001; “confiscation” includes where applicable forfeiture and the permanent deprivation of property proceeds or instrumentalities of an offence by order of a court; “criminal matters” means proceedings relating to any offence whether created by statute or at common law; “freezing or seizure” means temporarily prohibiting the transfer, conversion, disposition, or movement of property or temporarily assuming custody or control of the property on the basis of an order issued by a court; “interest”, in relation to property, means a, (a) legal or equitable estate or interest in the property; Assistance in Serious Criminal Matters [CAP. 17:05 5 (b) right, power or privilege in connection with the property, whether present or future or vested or contingent; “person” means any natural or legal person; “political offence or offence of a political character” means an offence committed in the course of and incidental to an uprising or other violent political disturbance; “premises” includes the whole or any part of a structure, building, aircraft, or vessel; “proceedings” means any procedure conducted by or under the supervision of a judge, magistrate, or judicial officer however described in relation to any alleged or proven offence, and includes an inquiry, investigation, or preliminary or final determination of facts; “proceeds of crime” means any property suspected or found by a court to be derived or realized directly or indirectly from the commission of a serious crime and includes, on a proportional basis, property into which any property derived or realized directly from the offence was converted, transformed or intermingled, as well as income, capital or other economic gains derived or realized from such property at any time since the commission of the offence; “property” means real or personal property of every description, whether situated in Belize (where Belize is the requested State) or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property; “requested State” means a State to which a request for assistance under the Treaty has been made; 6 “requesting State” means a State which has made a request for assistance under the Treaty; “serious crime” means an act or omission under the laws of a State Party (including Belize) which constitutes a criminal offence punishable by at least twelve months imprisonment or more and includes an offence against the law relating to taxation; “State Party” means a State for which the Treaty is in force; “Treaty” means the Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters, a text of which is set out in the Schedule to this Act; “witness” means a person who has given, is obliged to give, or has agreed to give a written statement or oral testimony or both in relation to the commission or possible commission of a serious crime or in respect of a serious crime which there are reasonable grounds to believe will be committed.