CHAPTER 11:24
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
PART VI
MISCELLANEOUS
36. Transit.
(1) Where a person is to be transported in custody from a Commonwealth country through Trinidad and Tobago to another Commonwealth country pursuant to a request for assistance, of the kind referred to in the Scheme, by the other Commonwealth country, the person—
(a) may be transported through Trinidad and Tobago in the custody of another person; and
(b) if an aircraft or ship by which the person is being transported lands or calls at a port in Trinidad and Tobago, shall be kept in such custody as the Attorney General directs in writing until the person’s transportation is continued.
(2) Where a person is being held in custody pursuant to a direction under subsection (1)(b) and the person’s transportation is not, in the opinion of the Attorney General, continued within a reasonable time, the Attorney General may direct that the person be transported in custody to the Commonwealth country from which the person was first transported.
(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.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(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;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(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.