MUTUAL ASSISTANCE IN CRIMINAL MATTERS

CHAPTER 8:04
MUTUAL ASSISTANCE IN CRIMINAL MATTERS

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title and commencement

    2.    Interpretation

    3.    Application of this Act

    4.    Appropriate authority in Malawi

    5.    Restriction with respect to operation of this Act

PART II
REQUESTS BY MALAWI TO COMMONWEALTH COUNTRIES FOR ASSISTANCE

Division 1
General Assistance

    6.    Assistance in obtaining evidence, etc.

    7.    Assistance in locating or identifying persons

    8.    Assistance in obtaining article or thing by search and seizure if necessary

    9.    Assistance in arranging attendance of persons

    10.    Assistance in transferring prisoners

    11.    Assistance in serving documents

    12.    Restriction on use of evidence, etc.

    13.    Immunities and privileges

Division 2
Assistance in Connexion with Serious Offences

    14.    Assistance in tracing property, etc.

    15.    Assistance in relation to certain orders

    16.    Assistance in obtaining orders in nature of restraining orders

PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO MALAWI FOR ASSISTANCE

Division 1
Form and Acceptance or Refusal of Requests

    17.    Form of requests

    18.    Acceptance or refusal of requests, etc.

Division 2
General Assistance

    19.    Assistance to a country in obtaining evidence, etc.

    20.    Assistance to a country in locating or identifying a person

    21.    Assistance to a country in obtaining article or thing, by search and seizure if necessary

    22.    Assistance to a country in arranging attendance of persons to give evidence

    23.    Assistance to a country in transferring a prisoner

    24.    Assistance to a country in serving documents

Division 3
Assistance in Connexion with Serious Offences in Commonwealth Countries

    25.    Assistance to a country in tracing property, etc.

    26.    Assistance to a country in relation to certain orders

    27.    Assistance to a country in obtaining orders in nature of restraining orders

PART IV
MISCELLANEOUS

    28.    Certificates given by the Attorney General

    29.    Proof of documents

    30.    Transit

    31.    Escaping

    32.    Arrest of person who has escaped from custody

    33.    Regulations

        Schedule

24 of 1991
G.N. 23/1994

    An Act to make provision with respect to the scheme relating to mutual assistance in criminal matters within the Commonwealth, to facilitate the operation of that scheme in Malawi and to make provision concerning mutual assistance in criminal matters between Malawi and countries other than Commonwealth countries, and to provide for matters connected therewith or incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Mutual Assistance in Criminal Matters Act.

2.    Interpretation

    (1) In this Act, unless the context otherwise requires—

        “appropriate authority”—

    (a)    in relation to Malawi, means the person or authority designated pursuant to section (4);

    (b)    in relation to any Commonwealth country, means the person or authority designated by that country for the purpose of transmitting and receiving requests under the Scheme;

    “judicial records” means judgments, orders and decisions of courts, and other records held by judicial authorities;

    “official records” means documents held by government departments or agencies or prosecution authorities;

    “relevant proceedings” means proceedings under or pursuant to this or any other Act arising directly or indirectly from a request for assistance under this Act by a Commonwealth country;

    “Scheme” means the scheme relating to Mutual Assistance in Criminal Matters within the Commonwealth;

    “serious offence” means an offence the maximum penalty for which is death or imprisonment for not less than twelve months;

    “transmitted”, in relation to a request, means—

    (a)    in Part II, transmitted by the appropriate authority in Malawi to the appropriate authority in the commonwealth country from which assistance is requested; and

    (b)    in Part III, transmitted by the appropriate authority in the Commonwealth country making a request for assistance, to the appropriate authority in Malawi.

    (2) A reference in this Act to the law of a Commonwealth country includes a reference to the law of a part of or the law in force in a part of, that country.

    (3) For the purposes of this Act, a ship or aircraft of, or registered in, Malawi or a Commonwealth country shall be deemed to be part of Malawi or, as the case may be, the Commonwealth country.

    (4) For the purposes of this Act, a person shall be deemed to have been charged with a serious offence in Malawi or in a Commonwealth country if any information or indictment has been laid or filed against the person for the offence, whether or not—

    (a)    a summons to require the attendance of the person to answer to the information or indictment; or

    (b)    a warrant for the apprehension of the person, has been issued.

    (5) Where, in Malawi or a Commonwealth country—

    (a)    a person has been…