Postponement - ongoing investigation or prosecution

Republic of Trinidad and Tobago

The International Criminal Court Act 2006

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

58. (2) If this section applies, the Attorney General may, after consultation with the ICC—

(b) postpone the execution of the request until the Trinidad and Tobago investigation or proceedings have been finally disposed of.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

115. (1) The Attorney General may postpone the execution of a request for assistance under this Part if—
(a) the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 117 applies;

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

117. (1) If the immediate execution of a request by the ICC for assistance to which this Part applies would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the Attorney General may postpone the execution of the request for a period of time agreed between the Attorney General and the ICC.
(2) Notwithstanding section 115(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.
(3) Before making a decision to postpone the execution of a request, the Attorney General shall consider whether the assistance could be provided immediately subject to certain conditions.
(4) If the Attorney General decides to postpone the execution of a request and the ICC seeks assistance in the preservation of evidence under article 93(1)(j) of the Statute, the Attorney General shall deal with that request in accordance with this Part.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).