ARREST AND SURRENDER OF PERSON TO ICC
Remand and Bail
39. (1) A person arrested on a warrant issued under section 34 or 36 shall, unless sooner discharged, be brought before the Court as soon as possible.
(2) The person—
(a) is not entitled to bail as of right; and
(b) may not go at large without bail.
(3) If the High Court remands the person on bail, it may impose any conditions of bail that it thinks fit.
(4) Without limiting the other factors that may be taken into account in making a decision to grant bail, the High Court shall have regard to the following:
(a) the gravity of the alleged crimes;
(b) whether there are urgent and exceptional circumstances that favour the grant of bail; and
(c) whether necessary safeguards exist to ensure that Trinidad and Tobago can fulfill its duty under the Statute to surrender the person to the ICC.
(5) Without limiting the other factors that may be taken into account in making a decision to grant bail, the High Court may not consider whether any warrant of arrest or judgment issued by the ICC was properly issued in accordance with the Statute.
40. (1) If an application for bail is made, the Attorney General shall notify the ICC which may make recommendations to the Attorney General that shall be conveyed to the High Court that is considering the application.
(2) Before rendering its decision, the High Court shall consider any recommendations that the ICC has made, including any recommendations on measures to prevent the escape of the person.
(3) If the person is granted bail, the Attorney General shall, if the ICC requests, provide periodic reports to the ICC on the person’s bail status.
(4) This section applies with any necessary modifications to any bail application made during the period until the person is surrendered to the ICC or discharged according to law.
41. In proceedings under this Part, except as expressly provided in this Act or in Regulations made under section 170 or 180, the High Court has the same jurisdiction and powers, and shall conduct the proceedings in the same manner, as if the person were charged with a summary offence alleged to have been committed within the jurisdiction of Trinidad and Tobago.
42. (1) This section applies if the High Court orders the detention of a person at any time under this Part.
(2) If the High Court concludes that detaining the person in prison would risk the person’s life or health or be undesirable for any reason, the High Court may order that the person be held in custody—
(a) at the place where the person is for the time being; or
(b) at any other place that the Court considers appropriate, having regard to the risk or reason involved.
(3) The person may be held as specified in subsection (2) until—
(a) the person can be detained in a prison with¬out risk to life or health;
(b) the reason for not detaining him or her in prison no longer applies; or
(c) he or she is surrendered or discharged according to law.
(4) In making the order specified in subsection (2), the High Court shall have regard to any recommen¬dations that the ICC may make regarding the place of the person’s detention.
ARREST AND SURRENDER OF PERSON TO ICC
Eligibility for Surrender
46. (1) This section applies if—
(a) the Court has determined in accordance with section 43 that a person is eligible for surrender; or
(b) a person has consented to surrender to the ICC in accordance with section 45.
(2) If this section applies, the Court shall—
(a) issue a warrant for the detention of the person in a prison or other place authorized in accordance with section 42 of this Act, pending the surrender of the per¬son to the ICC or the person’s discharge according to law;
(b) send to the Minister a copy of the warrant of detention and such report on the case as the court thinks fit;
(c) inform a person to whom subsection (1)(a) applies that—
(i) subject to section 70, the person will not be surrendered until the expiration of fifteen days after the date of the issue of the warrant;
(ii) during that time the person has the right to make an application for a writ of habeas corpus; and
(iii) the person has the right to lodge an appeal under section 67; and
(d) inform a person to whom subsection (1) applies that the Attorney General is required to determine whether to issue a surrender order before the person can be surrendered to the ICC; and
(e) inform the person that if a surrender order is made and he is not removed within two months, he may apply to be discharged under section 74.
(3) If the Court issues a warrant under subsection (2), the Court may grant bail to the person in accordance with section 39.
(4) If the Court is not satisfied that the person is eligible for surrender, it shall discharge the person, unless under section 69 it orders that the person continue to be detained or issues a warrant for the arrest and detention of the person, pending the determination of an appeal under section 67.
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.