Provisional arrest - detention pending surrender

Republic of Trinidad and Tobago

Extradition (Commonwealth and Foreign Territories) Act

Extradition (Commonwealth and Foreign Territories)

CHAPTER 12:04

EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT

PART III
EXTRADITION FROM TRINIDAD AND TOBAGO

17. Discharge in case of delay in returning.

(1) If any person committed to await his return is in custody in Trinidad and Tobago under this Act after the expiration of the following period, that is to say:
(a) in any case, the period of two months beginning with the first day on which, having regard to section 13(2), he could have been returned;
(b) where a warrant for his return has been issued under section 16, the period of one month beginning with the day on which that warrant was issued,
he may apply to the High Court for his discharge.

(2) If upon an application under subsection (1) the High Court is satisfied that reasonable notice of the proposed application has been given to the Attorney General, the Court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody and, if a warrant for his return has been issued under section 16, quash that warrant.

Rome Statute

Article 92 Provisional arrest

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.