Criminal Justice (International Co-operation) (Amendment) Act, 2023 (No. 14 of 2023)

Summary

This Act amends the Criminal Justice (International Co-operation) Act, Revised Edition 2020, which governs BVI's mutual legal assistance arrangements with foreign courts, tribunals and authorities. It introduces confidentiality and feedback requirements around letters of request and incoming assistance requests, repeals two sections, and broadens the offence relating to scheduled substances used in drug production.

• Confidentiality of outgoing letters of request: The Attorney General and anyone involved in preparing or sending a letter of request under section 4 must keep the fact of the request and all related documents confidential and secure.
• Feedback on outgoing requests: Where information or material is received pursuant to a letter of request, the Attorney General must, if asked in writing by the providing authority, give timely feedback on its use and usefulness.
• Confidentiality of incoming requests: Under new section 5(4A), the fact that a request for assistance was received from a foreign court, tribunal or authority, and how it was acted upon, together with related documents, must be kept confidential and secure.
• Feedback on assistance provided: Under new section 5(4B), the Governor may, after consulting the Attorney General, ask a foreign court, tribunal or authority to provide timely feedback on the use and usefulness of assistance the BVI provided.
• Repeals: Sections 5B and 6 of the principal Act are repealed.
• Scheduled substances offence widened: Section 11(1) is replaced so it is an offence to manufacture, possess, or supply a scheduled substance knowing or suspecting it will be used in the unlawful production of a controlled drug.

The Act does not take effect immediately; it commences on a date the Governor will appoint by Proclamation published in the Gazette.

Key obligations

• The Attorney General and any person involved in preparing or sending a letter of request under section 4 must keep the request and related documents confidential and secure.
• The Attorney General must provide timely feedback on the use and usefulness of information or material received under a letter of request, if requested in writing by the providing authority.
• Any request for assistance received from a foreign court, tribunal or authority, and related documents, must be kept confidential and secure.
• Persons must not manufacture, possess, or supply a scheduled substance knowing or suspecting it will be used in the unlawful production of a controlled drug.

Applies to

Attorney General, Governor, persons involved in preparation or sending of letters of request, courts, tribunals or authorities outside the Virgin Islands, persons dealing with scheduled substances

Deadlines

• date to be appointed by the Governor by Proclamation in the Gazette: Commencement date of the Act

Related documents

• This document amends Criminal Justice (International Co-operation) Act (Revised Edition 2020)