Criminal Justice (International Co-operation) (Amendment) Act 2023

1 No. 14 of 2023 VIRGIN ISLANDS CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) (AMENDMENT) ACT, 2023 ARRANGEMENT OF SECTIONS SECTION

1. Short title and commencement
2. Section 4 amended
3. Section 5 amended
4. Section 5B repealed
5. Section 6 repealed
6. Section 11 amended

2 No. 14 of 2023 Criminal Justice (International Co-operation Virgin (Amendment) Act, 2023 Islands I ASSENT (Sgd.) John Rankin CMG, Governor. 20th March, 2023 VIRGIN ISLANDS No. 14 of 2023 AN ACT TO AMEND THE CRIMINAL JUSTICE (INTERNATIONAL CO￾OPERATION) ACT, REVISED EDITION 2020, AND FOR OTHER MATTERS CONNECTED THEREWITH. [Gazetted 21st March, 2023] ENACTED by the Legislature of the Virgin Islands as follows: Short title and commencement

1. (1) This Act may be cited as the Criminal Justice (International Co￾operation (Amendment) Act, 2023. (2) This Act shall come into force on such date as the Governor may, by Proclamation published in the Gazette, appoint. Section 4 amended
2. Section 4 of the CriminalJustice (International Co-operation) Act, Revised Edition 2020, as amended by the Criminal Justice (International Co-operation Act, No. 32 of 2021, (hereinafter referred to as the “principal Act”), is amended (a) by inserting after subsection (5), the following subsection: “(5A) Where the Attorney General issues a letter of request in accordance with this section, he or she and any other person who is involved in the preparation or sending of the letter of request shall keep the fact of the letter of request being issued or sent, together with all related documents, confidential and secure.”; and (b) by inserting after subsection (7), the following subsection: “(8) Where, pursuant to a letter of request issued in accordance with this section, any information, document or other material is received, the Attorney General shall, if requested in writing by the authority that provided the information, document or other material, provide in a timely manner feedback to that authority on the use and usefulness of the information, document or other material received.”.

3 Section 5 amended 3. Section 5 of the principal Act is amended by inserting after subsection (4), the following subsections: “(4A) Where a request for assistance from a court or tribunal or other authority outside the Virgin Islands is received in accordance with this section, the fact of the request being received, acted upon or otherwise, together with all related documents, shall be kept confidential and secure. (4B) Where the Governor, pursuant to a request for assistance in accordance with this section, provides any assistance to a court or tribunal or other authority outside the Virgin Islands, he or she may in writing and after consultation with the Attorney General, request that court or tribunal or other authority to provide in a timely manner feedback on the use and usefulness of the assistance provided.”. Section 5B repealed 4. Section 5B of the principal Act is repealed. Section 6 repealed 5. Section 6 of the principal Act is repealed. Section 11 amended 6. Section 11 of the principal Act is amended by repealing subsection (1) and substituting the following subsection: “(1) It is an offence for a person to (a) manufacture a scheduled substance; (b) be in possession of a scheduled substance; or (c) supply a scheduled substance to another person, knowing or suspecting that the scheduled substance is to be used in or for the unlawful production of a controlled drug.”. Passed by the House of Assembly this 10th day of March, 2023. (Sgd.) Corine N. George-Massicote, Speaker. (Sgd.) Phyllis Evans, Clerk of the House of Assembly.