Mutual Legal Assistance

Criminal Justice (International Cooperation) Act (2021 Revision)

The Criminal Justice (International Cooperation) Act (2021 Revision) provides the mechanism for obtaining mutual legal assistance from the Cayman Islands with respect to any conduct which would constitute a criminal offence had the conduct occurred in the Cayman Islands.

Any country or territory specified in Schedule 1 of the Act may request such assistance.

The Office of the DPP is responsible for receiving and processing requests for mutual legal assistance. 

To make a request by email, contact: DPPInternationalRequests@gov.ky

Mutual Legal assistance may be requested for the following purposes:

  • Taking evidence or statements from persons;
  • Effecting service of judicial documents;
  • Executing searches and seizures;
  • Examining objects and sites;
  • Providing information and items of evidence;
  • Providing originals or certified copies of relevant documents and records, including bank, financial, corporate or business records,
  • Identifying or tracing proceeds, property, instruments or such other things for the purpose of evidence;
  • Immobilising criminally obtained assets;
  • Assisting in proceedings related to forfeiture and restitution; and
  • Facilitating the voluntary transfer of witnesses.

How to Make a Request

A request must be made in writing and in English. It must contain:

  • The identity of the country or territory making the request;
  • The subject matter and nature of the investigation, prosecution or proceeding to which the request relates;
  • The name and functions of the person conducting such investigation, prosecution or proceeding;
  • A summary of all relevant facts respecting the request, except in respect of requests for the purpose of service of judicial documents;
  • A description of the assistance sought and details of any particular procedure the requesting country or territory requires to be followed;
  • Where possible, the identity, location, and nationality of any person concerned; and
  • The purpose for which the evidence, information or action is sought.

Further, to the extent necessary and possible, the request must also include:

  • The identity and location of a person to be served, that person’s relationship to the proceedings and the manner in which service is to be made;
  • A precise description of the place or person to be searched and of the articles to be seized;
  • A description of the manner in which any testimony or statement is to be taken or recorded;
  • A list of questions to be posed to a witness;
  • A description of any particular procedure to be followed in executing the request;
  • Information as to the allowances and expenses to which a person asked to appear in a country or territory will be entitled; and
  • Any other information which may be useful to facilitate the execution of the request.

The Office of the DPP may refuse to comply with a request. If this occurs, the requesting country or territory will be informed in writing as to the grounds for refusal.

The grounds on which the DPP may refuse to grant assistance in relation to a request are:

  • The request is not made in a manner which satisfies the required contents of the request as stated above; 
  • 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 Cayman Islands.
  • The DPP is of the opinion that the request is likely to prejudice the security, public order or other essential interests of the Cayman Islands;
  • The authorities in the Cayman Islands would be prohibited by any law from carrying out the action requested with regard to any similar offence within the jurisdiction;
  • It is contrary to the laws of the Cayman Islands to grant mutual legal assistance in the circumstances to which a request relates; or
  • The DPP is of the opinion that the country or territory that made the request would not render assistance to the DPP in accordance with the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances or under a law which corresponds to the Criminal Justice (International Cooperation) Law.

Assistance Under the Mutual Legal Assistance (United States of America) Act (2015 Revision)

The treaty to which this law gives effect was concluded in 1986 and provides that mutual legal assistance shall be granted between the United States and the Cayman Islands for the investigation, prosecution and suppression of criminal offences of the nature, and in the circumstances provided.