Section 8Part 0 —
Refusal of mutual legal assistance
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The Authority may refuse to comply with a request —
if the request is not made in conformity with section 5;
if the request does not establish that there are reasonable grounds for believing —
that the criminal offence specified in the request has been committed; and
that the information sought relates to the offence and is located in the Islands;
if the Authority is of the opinion that the request is likely to prejudice the security, public order or other essential interests of the Islands;
if the authorities in the Islands would be prohibited by any law of the Islands from carrying out the action requested with regard to any similar offence in the Islands;
if it is contrary to the laws of the Islands to grant mutual legal assistance in the circumstances to which a request relates; or
if the Authority is of the opinion that the requesting Party would not render assistance to the Authority in accordance with the Convention or under a law corresponding to this Act.
Where the Authority refuses to comply with a request on any of the grounds specified in subsection (1) it shall so inform the requesting Party in writing and state the grounds for the refusal.
Cross References
- Section 5 of Criminal Justice International Cooperation Act
Reference to section 5 for conformity of request
Referenced By
- Section 10 — Powers ancillary to the execution of a request
Subject to section 8 on refusal