Act 23 2023 - Act 23 - 2023 - Mutual Assistance in Criminal Matters (Amendment) Act 2023

[20th N o v e m b e r 2 0 2 3 ] Mutual A s sistance in Criminal Matters (Amendment) Act 624 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) ACT, 2023 (Act 23 of 2023) ARRANGEMENT OF SECTIONS SECTIONS 1. Short title 2. Amendment of section 2 3. Amendment of section 7 4. Amendment of section 21 [20th N o v e m b e r 2 0 2 3 ] Mutual A s sistance in Criminal Matters (Amendment) Act 625 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) ACT, 2023 (Act 23 of 2023) I assent Wavel Ramkalawan President 8th November, 2023 AN ACT TO AMEND THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT; AND PROVIDE FOR TO THE DESIGNATION OF OTHER BODIES AS APPROVED REQUESTING AUTHORITIES ABLE TO MAKE REQUESTS FOR MUTUAL LEGAL ASSISTANCE; AND TO PROVIDE FOR ANY MATTERS CONNECTED TO OR INCIDENTAL TO THE FOREGOING. ENACTED by the President and the National Assembly. Short title 1. This Act may be cited as the Mutual Assistance in Criminal Matters (Amendment) Act, 2023. [20th N o v e m b e r 2 0 2 3 ] Mutual A s sistance in Criminal Matters (Amendment) Act 626 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Amendment of section 2 2. Section 2 of the Mutual Assistance in Criminal Matters Act, 2022, (hereinafter referred to as the “principal Act”) is amended — (a) by repealing the definition of Central Authority and substituting it with the following — “Central Authority” means the Attorney General; (b) by inserting the following definitions — “approved requesting authority” means an authority designated as an approved requesting authority in pursuance of section 7;” Repeal and replacement of section 7 3. The principal Act is amended by repealing section 7 and substituting it with the following — “Requests to be made by the Attorney General or an approved requesting authority 7.(1) A request by Seychelles to a foreign State for assistance in a criminal matter under this Part shall be made — (a) by or through the Attorney General; or (b) by an approved requesting authority designated as such under subsection (3). (2) A request under subsection (1) shall be made through the diplomatic channel. (3) For the purposes of this Act, requests are made by Seychelles by — (a) the Attorney General; and [20th N o v e m b e r 2 0 2 3 ] Mutual A s sistance in Criminal Matters (Amendment) Act 627 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (b) an authority which the President may, by notice in the Gazette, designate as an approved requesting authority on such terms and conditions as the President may determine. (4) An approved requesting authority shall notify and report to the Attorney General all requests that it makes to any competent authority. (5) An approved requesting authority designated under subsection (3) shall have the same powers as the Attorney General in making or receiving requests and may obtain international assistance in criminal matters on such terms and conditions as the President may determine. Amendment of section 21 4. Section 21 of the principal Act is amended in subsection (1) by repealing the words “an authority designated as a Central Authority” and substituting them with the words “a designated approved requesting authority”. I certify that this is a correct copy of the Bill which was passed by the National Assembly on 31st October, 2023. Mrs. Tania Isaac Clerk to the National Assembly