GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE
24. (1) This Part applies to a request by the ICC for assistance that is made under—
(a) Part 9 of the Statute, namely—
(i) the provisional arrest, arrest and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction;
ARREST AND SURRENDER OF PERSON TO ICC
Request from ICC for Arrest and Surrender
(3) The following provisions of this Part apply subject to sections 55 to 66, which deal with restrictions on surrender and the execution of a request for surrender:
(a) sections 33 to 35, which deal with arrest where a request for surrender is received;
(b) sections 36 to 38, which deal with provisional arrest in urgent cases;
(c) sections 39 to 42, which deal with remand and bail;
(d) sections 43 to 46, which deal with eligibility for surrender; and
(e) sections 47 to 54, which deal with surrender and temporary surrender.
ARREST AND SURRENDER OF PERSON TO ICC
Miscellaneous Provisions Relating to Arrest and Surrender
77. (1) If a person is arrested on a warrant issued under this Part, a police officer may search, without further warrant, the person arrested and may seize any thing, including any sum of money, found on the person or in the person’s possession if the police officer believes on reasonable grounds that the thing on the person or in the person’s possession may be evidence as to the commission of any offence in relation to which the warrant for the arrest was issued for which the surrender of the person is sought by the ICC.
(2) If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched.
(3) Nothing in this section limits or affects the right at common law of a police officer to search a person on that person’s arrest.
(4) If any thing is seized under subsection (1) from the person arrested—
(a) the police officer shall make a report to the Attorney General specifying the items seized and any other relevant information; and
(b) the Attorney General shall, on receipt of the report referred to in paragraph (a), provide the ICC with a report on the seizure.
78. (1) If the Attorney General makes a surrender order or temporary surrender order under this Act, he may also direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed, be delivered with the person on the person’s surrender to the ICC.
(2) If the person cannot be surrendered or temporarily surrendered by reason of the person’s death or escape from custody, the Attorney General may direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered up to the ICC.
(3) If a person is discharged under this Act without being surrendered or temporarily surrendered, the Attorney General may direct that any thing seized under section 77 be returned to the person from whom it was seized.
(4) The Attorney General may refuse to direct that any thing referred to in subsection (1) or (2) be delivered to the ICC if the thing is required for the investigation of an offence within the jurisdiction of Trinidad and Tobago.
(5) The Attorney General may refuse to direct that any thing referred to in subsection (3) be returned to the person if—
(a) the thing is the subject of a dispute as to who is entitled to it;
(b) the thing is required for the investigation of an offence within the jurisdiction of Trinidad and Tobago; or
(c) possession of the thing by the person would be unlawful in Trinidad and Tobago.
79. (1) If the ICC requests the surrender of a person, and that person is detained in a Trinidad and Tobago prison or any other place in Trinidad and Tobago at any time pending surrender, the superintendent of the prison or the head of the other place shall keep a record of the time spent in custody as if the person was charged with an offence against the law of Trinidad and Tobago and was on remand.
C (2) The superintendent or the head of the other place shall, if requested, provide to the Attorney General a certificate recording—
(a) the date on which the person was admitted to a prison or any other place to be held in custody in relation to the request;
(b) the total period during which the person was detained in custody during the process leading to the surrender of the person in Trinidad and Tobago in relation to the offence; and
(c) whether the person was, at any time during the period in custody in relation to the surrender, also serving a sentence for an offence against Trinidad and Tobago law.
(3) The Minister shall provide to the ICC at the time of the surrender of the person, or as soon as possible after that, a certificate recording the informa¬tion specified in subsection (2) and such other informa¬tion relating to any period spent in custody in relation to the surrender as the ICC may request.
80. (1) This section applies if—
(a) a person is surrendered to the ICC under this Act; and
(b) the ICC requests a waiver of the require¬ments of article 10 1(1) of the Statute which relates to the rule of speciality.
(2) If this section applies, the Minister may consent to the person being proceeded against, punished, or detained for conduct committed before surrender, not being the conduct or course of conduct that forms the basis of the crimes for which that person has been surrendered.
(3) The consent given under subsection (2) may relate to the person’s surrender to another State.
(4) Before giving consent under subsection (2), the Attorney General may—
(a) request that additional information be provided in accordance with article 91 of the Statute; and
(b) seek any assurances from the ICC that the Minister thinks fit.
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC
Person in Transit
136. (1) This section and sections 137, 138 and 150 to 156 apply to a person (hereinafter referred to as “the transferee”) who—
(a) is being surrendered to the ICC by another State under Article 89 of the Statute;
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.