Mutual Legal Assistance Act, 2010

THE EIGHT HUNDRED AND SEVENTH ACT OF THE PARLIAMENT OF THEREPUBLIC OF GHANA ENTITLED MUTUAL LEGAL ASSISTANCE ACT, 2010 AN ACT to enable the Republic provide for the implementation of agreements or other arrangements for mutual legal assistance in respect of criminal matters and to provide for related matters. DATE OF ASSENT: 5th October, 2010. • PASSED by Parliament and assented to by the President:

Legislation

Table of Content

Application

1. Scope of application

2. Designated foreign States and foreign entities

3. Publication in Gazette

4. Administrative arrangements

Requests for mutual legal assistance

5. Scope of requests

6. Central Authority

7. Requests by the Republic

8. Content of request for mutual legal assistance

9. Requests by foreign States and foreign entities

10. Response to requests of foreign State and foreign entity

11. Confidentiality of requests

12. Limitation on use of information or evidence

13. Expenses incurred for requests

14. Defence request for mutual legal assistance

Grounds for refusal of mutual legal assistance and provision of assistance with conditions

15. Refusal of request for mutual legal assistance

16. Imposition of conditions

17. Dual criminality

Requests for specific forms of assistance

18. Request for identification and location of persons

19. Request for service of documents

20. Request for search and seizure

21. Issue of search warrant

22. Content of search warrant

23. Execution of search warrant

24. Report on execution of warrant

25. Hearing on execution of warrant

26. Examination of witnesses

27. Voluntary attendance of persons in custody to appear as witnesses

Procedures for handling persons in custody as witnesses

28. Transfer order

29. Refusal and non-compliance with request of temporary transfer

30. Return to Ghana of persons transferred in custody

31. Variation of transfer order

32. Copy of order to detained person

33. Privilege

34. Exception for juveniles

35. Immunity of persons in a foreign State

Procedural measures related to the presence, transfer and

transport of persons through Ghana

36. Authorisation for the presence in Ghana of specified persons

37. Transfer of detained persons to Ghana

38. Escape from custody

39. Safe conduct guarantee of persons in Ghana

Requests for evidence gathering by technology

40. Request for hearing by means of technology

41. Evidence-gathering by video conference

42. Hearing of accused person by video conference

Interception and preservation of communications data

43. Request for interception of telecommunications in Ghana

44. Content of request for interception of telecommunications

45. Request for interception of telecommunications in Ghana by service provider

46. Order for interception of telecommunications

47. Interception of telecommunications without technical assistance

48. Request for interception of communications to provide stored

communications

49. Request for interception of items in the course of carriage by a postal service

50. Arrangements for interception of telecommunications

65 . Use of exhibits abroad

66. Loan order for the use of exhibits outside Ghana

67. Burden of proof

68. Request to produce judicial or official records

69. Court order to produce judicial or official records

70. Transmission and return of material to and from outside Ghana

Admissibility in Ghana of evidence obtained outside Ghana

71. Foreign records

72. Foreign items

73. Authentication of documents

74. Requirement of notification for the admissibility of foreign

documents and items

75. Proof of service abroad

51. Request for preservation of communications data

Special requests for investigative measures

52. Special co-operation

53. Covert investigations

54. Joint investigation teams

Requests by foreign States for confiscation of proceeds or instrumentalities of crime and related court

orders

55. Request for freezing, seizure and confiscation of proceeds of crime

56. Request for the enforcement of restraint and confiscation orders

57. Enforcement of alternative court orders in Ghana

58. Amendment to foreign restraint and confiscation orders

59. Setting aside of registration of foreign restraint and confiscation orders

60. Interested parties and restraint and confiscation orders

61. Electronic communication of restraint and confiscation orders

62. Application of enactments relating to money laundering, terrorism

and other related crimes

63. Reciprocal sharing of confiscated property

64. Disposal or release of property

Lending exhibits under a loan order and production of judicial or official

records

76. Restriction on disclosure of foreign documents and use of materials

obtained by mutual legal assistance

Miscellaneous provisions

77. Consultation with foreign States and foreign entities

78. Voluntary assistance

SCHEDULE

Application

1. Scope of application

2. Designated foreign States and foreign entities

3. Publication in Gazette

4. Administrative arrangements

Requests for mutual legal assistance

5. Scope of requests

6. Central Authority

7. Requests by the Republic

8. Content of request for mutual legal assistance

9. Requests by foreign States and foreign entities

10. Response to requests of foreign State and foreign entity

11. Confidentiality of requests

12. Limitation on use of information or evidence

13. Expenses incurred for requests

14. Defence request for mutual legal assistance

Grounds for refusal of mutual legal assistance and provision of assistance with conditions

15. Refusal of request for mutual legal assistance

16. Imposition of conditions

17. Dual criminality

Requests for specific forms of assistance

18. Request for identification and location of persons

19. Request for service of documents

20. Request for search and seizure

21. Issue of search warrant

22. Content of search warrant

23. Execution of search warrant

24. Report on execution of warrant

25. Hearing on execution of warrant

26. Examination of witnesses

27. Voluntary attendance of persons in custody to appear as witnesses

Procedures for handling persons in custody as witnesses

28. Transfer order

29. Refusal and non-compliance with request of temporary transfer

30. Return to Ghana of persons transferred in custody

31. Variation of transfer order

32. Copy of order to detained person

33. Privilege

34. Exception for juveniles

35. Immunity of persons in a foreign State

Procedural measures related to the presence, transfer and

transport of persons through Ghana

36. Authorisation for the presence in Ghana of specified persons

37. Transfer of detained persons to Ghana

38. Escape from custody

39. Safe conduct guarantee of persons in Ghana

Requests for evidence gathering by technology

40. Request for hearing by means of technology

41. Evidence-gathering by video conference

42. Hearing of accused person by video conference

Interception and preservation of communications data

43. Request for interception of telecommunications in Ghana

44. Content of request for interception of telecommunications

45. Request for interception of telecommunications in Ghana by service provider

46. Order for interception of telecommunications

47. Interception of telecommunications without technical assistance

48. Request for interception of communications to provide stored

communications

49. Request for interception of items in the course of carriage by a postal service

50. Arrangements for interception of telecommunications

65 . Use of exhibits abroad

66. Loan order for the use of exhibits outside Ghana

67. Burden of proof

68. Request to produce judicial or official records

69. Court order to produce judicial or official records

70. Transmission and return of material to and from outside Ghana

Admissibility in Ghana of evidence obtained outside Ghana

71. Foreign records

72. Foreign items

73. Authentication of documents

74. Requirement of notification for the admissibility of foreign

documents and items

75. Proof of service abroad

51. Request for preservation of communications data

Special requests for investigative measures

52. Special co-operation

53. Covert investigations

54. Joint investigation teams

Requests by foreign States for confiscation of proceeds or instrumentalities of crime and related court

orders

55. Request for freezing, seizure and confiscation of proceeds of crime

56. Request for the enforcement of restraint and confiscation orders

57. Enforcement of alternative court orders in Ghana

58. Amendment to foreign restraint and confiscation orders

59. Setting aside of registration of foreign restraint and confiscation orders

60. Interested parties and restraint and confiscation orders

61. Electronic communication of restraint and confiscation orders

62. Application of enactments relating to money laundering, terrorism

and other related crimes

63. Reciprocal sharing of confiscated property

64. Disposal or release of property

Lending exhibits under a loan order and production of judicial or official

records

76. Restriction on disclosure of foreign documents and use of materials

obtained by mutual legal assistance

Miscellaneous provisions

77. Consultation with foreign States and foreign entities

78. Voluntary assistance

SCHEDULE

Section 1

1. Control of Imports.

(1) Subject to subsection (2), the provisions of this Act apply to mutual legal assistance in respect of criminal matters under an agreement or other arrangement between the Republic and (a) a foreign State, or (b) a foreign entity. (2) The provisions of this Act shall not be construed so as to abrogate or derogate from an existing or future agreement, arrangement or practice with respect to co-operation between the Republic and a foreign State or ) This Act does not apply to an offence in a foreign State or with respect to a foreign entity where the offence is (a) of a political character subject to section 15; (b) not an offence in Ghana subject to section 17; or (c) an offence only under military law or a law relating to military obligations. (4) This Act does not authorise the extradition of a person or the arrest or detention of a person with a view to the extradition of that person. (5) The Criminal and Other Offences (Procedure) Act, 1960 (Act 30) and any other relevant enactment apply with modifications that may be necessary and consistent with this Act. (6) This Act shall have effect with the modifications that may be necessary to give effect to a foreign entity that makes and receives requests for mutual legal assistance.

Section 2

2. Designated foreign States and foreign entities

The States and entities that appear in the Schedule to this Act are designated as foreign States and foreign entities for the purposes of this Act.

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Mutual Legal Assistance Act, 2010

1. Control of Imports.

2. Designated foreign States and foreign entities

Mutual Legal Assistance Act, 2010

1. Control of Imports.

2. Designated foreign States and foreign entities