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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
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27.   Assistance to country in obtaining restraining order

Revised Laws of Saint Lucia (2021)

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27.   Assistance to country in obtaining restraining order

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    (1)   This section applies where—

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      (a)     the central authority for the Commonwealth country transmits to the central authority for Saint Lucia a certificate given, for the purposes of a request for assistance under this section, by a person legally qualified in the Commonwealth country, to the effect that in the country—

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        (i)     a named person has been, or is likely to be charged with, or has been convicted of, a specified serious offence, and

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        (ii)     an order has been, or is likely to be made that has or, as the case may be, will have, the effect under the laws of the country of confiscating property derived or obtained, directly or indirectly, from the commission of a serious offence or of imposing on that named person a pecuniary penalty calculated by reference to the property so derived or obtained;

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      (b)     property so derived or obtained, or which would be available to satisfy a pecuniary penalty under the confiscation order, or as the case may be, under such order if made, is suspected, on reasonable grounds, to be in Saint Lucia;

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      (c)     a request is transmitted that an order be made, in accordance with the laws of Saint Lucia, restraining dealings with property and that, to that end, Saint Lucia gives appropriate assistance; and

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      (d)     the request is accepted.

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    (2)   Where this section applies, the Attorney General shall cause such application to be made as he or she deems necessary to secure the making of an order of the kind requested.

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    (3)   The regulations may make provision for and with respect to the implementation of a request under this section, and may, for the purpose, direct that any such request, subject to such limitations, exceptions and restrictions, if any, as may be prescribed, and the Act shall apply accordingly.

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