The Criminal Justice (International Co-operation) (Anguilla) Order 1994

Mutual service of process

Service of overseas process in Anguilla.

1.—(1) This section has effect where the Governor receives from the government of, or other authority in, a country or territory outside Anguilla—

(a) a summons or other process requiring a person to appear as defendant or attend as a witness in criminal proceedings in that country or territory; or

(b) a document issued by a court exercising criminal jurisdiction in that country or territory and recording a decision of the court made in the exercise of that jurisdiction,

together with a request for it to be served on a person in Anguilla.

(2) The Governor may cause the process or document to be served by post or, if the request is for personal service, direct the Commissioner of police to cause it to be personally served on him.

(3) Service by virtue of this section of any such process as is mentioned in subsection (1)(a) above shall not impose any obligation under the law of Anguilla to comply with it.

(4) Any such process served by virtue of this section shall be accompanied by a notice—

(a) stating the effect of subsection (3) above;

(b) indicating that the person on whom it is served may wish to seek advice as to the possible consequences of his failing to comply with the process under the law of the country or territory where it was issued; and

(c) indicating that under that law he may not, as a witness, be accorded the same rights and privileges as would be accorded to him in criminal proceedings in Anguilla.

(5) Where the Commissioner of police is directed under this section to cause any process or document to be served he shall after it has been served forthwith inform the Governor when and how it was served and (if possible) furnish him with a receipt signed by the person on whom it was served; and if the Commissioner has been unable to cause the process or document to be served he shall forthwith inform the Governor of that fact and of the reason.

Service of Anguilla process overseas.

2.—(1) Process of the following descriptions, that is to say—

(a) a summons requiring a person charged with an offence to appear before a court in Anguilla; and

(b) a summons or order requiring a person to attend before a court in Anguilla for the purpose of giving evidence in criminal proceedings,

may be issued or made notwithstanding that the person in question is outside Anguilla and may be served outside Anguilla in accordance with arrangements made by the Governor.

(3) Service of any process outside Anguilla by virtue of this section shall not impose any obligation under the law of Anguilla to comply with it and accordingly failure to do so shall not constitute contempt of any court or be a ground for issuing a warrant to secure the attendance of the person in question.

(4) Subsection (3) above is without prejudice to the service of any process (with the usual consequences for non-compliance) on the person in question if subsequently effected in Anguilla.