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Mutual Legal Assistance Treaty
One of the Island’s primary international relationships for mutual legal assistance is that with the United States pursuant to the Mutual Legal Assistance Treaty (MLAT) with that country. Chief Justice or a judge designated by him, sitting in an administrative capacity is the Central Authority responsible for the administration of that Treaty.
Implemented in 1990, that treaty has been highly successful as measure for the investigation and prosecution of crime, even while preserving the legitimate interests of persons doing business in the Islands in the protection of confidential information.
Since 1990, there have been some requests, in the main involving drug and fraud offences and in respect of which more than 90% have been granted.
The Cayman/U.S. Treaty was one of the very first MLATs in the world and has proven to be highly successful.
Proceeds of criminal conduct recovered as the result of the assistance given are either restored to the victims (in fraud offences) or confiscated and shared equitably between the governmental agencies, including the Cayman Islands.
A recent ceremony involving the United States Attorney General, Mr. Alberto Gonzales, the Chief Justice of the Cayman Islands, Hon Anthony Smellie, and the Attorney General of the Cayman Islands, Hon. Samuel Bulgin, was held in recognition of this successful relationship.
Letters Rogatory / Hague Convention Requests
The Grand Court of the Cayman Islands will receive and grant letters of request from the Courts of other countries for information or testimony in aid of proceedings before those Courts and provided that foreign Court would reciprocate in similar circumstances.
This jurisdiction is exercised either by virtue of the inherent powers of the Grand Court in recognition of its obligation of amity owed to foreign Courts or, as the case might be, pursuant to the Convention in the Taking of Evidence abroad in Civil or Commercial matters, done at the Hague on 18th March 1970. The Hague convention has been extended by the United Kingdom (a ratifying State) to the Cayman Islands and given legislative force in the Islands by the extension by Order-in Council of the Evidence (Proceedings in Other Jurisdictions) Act 1975 to the Islands.
Requests for judicial assistance are sent through the diplomatic channels.
There have been many requests from the Courts of many different countries, in respect of which assistance has been given.
There is also a significant body of local case law developed on the subject of international assistance generally and reported in the Cayman Islands Law Reports.
