Extradition (Commonwealth and Foreign Territories)
CHAPTER 12:04
EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT
PART III
EXTRADITION FROM TRINIDAD AND TOBAGO
16. Order for return.
(2) Where the Attorney General makes an order under this section in the case of a person who is serving a sentence of imprisonment, or is charged with an offence, in Trinidad and Tobago, the order shall be subject to such conditions for the return of the person to Trinidad and Tobago as the Attorney General shall stipulate.
CHAPTER 11:24
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE
27. Assistance to country in securing transfer of prisoner.
(1) This section applies where a request is transmitted seeking the Central Authority to secure the transfer of a prisoner in Trinidad and Tobago to the Commonwealth country for giving or providing evidence or assistance relevant to any criminal proceedings in that country.
(2) The Central Authority may state, and inform the central authority for the Commonwealth country making the request as to, conditions subject to which a prisoner is to be transferred, including conditions with respect to the custody, release or return of the prisoner.
(3) Any period during which a prisoner is in custody in a Commonwealth country, pursuant to a request, shall be deemed, for all purposes, to be time served in custody in Trinidad and Tobago.
(4) In this section, “prisoner” means a person who is being held in custody pending trial for, or is under imprisonment for, an offence, or is subject to any limitation on his personal liberty pursuant to any written law.
PART VII
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC
Enforcement of Sentences in Trinidad and Tobago
144. (1) This section applies if the ICC, under article 110 of the Statute, decides to review the sentence of an ICC prisoner who is serving that sentence in Trinidad and Tobago.
(2) The Attorney General must direct that the prisoner be transferred to the ICC for the purposes of enabling the ICC to review the prisoner’s sentence if the Minister is satisfied that—
(a) the prisoner is entitled to appear before the ICC at the review of the prisoner’s sentence;
(b) the ICC has requested the prisoner to appear before it at the review; or
(c) the interests of justice require the prisoner’s attendance at the ICC.
(3) On the giving of a direction under subsection (2), the prisoner may be transported to the ICC and, if necessary, from the ICC in the custody of —
(a) a police officer;
(b) a prison officer; or
(c) a person authorized for the purpose by the ICC.
PART VII
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC
Enforcement of Sentences in Trinidad and Tobago
145. (1) This section applies if the ICC—
(a) directs that an ICC prisoner appear before it to give evidence in another case; or
(b) requests that an ICC prisoner appear before it for any other reason.
(2) The Attorney General—
(a) if subsection (1)(a) applies, shall direct that the ICC prisoner be transferred to the ICC; or
(b) if subsection (1)(b) applies, may direct that the ICC prisoner be transferred to the ICC if he is satisfied that the interests of justice require the prisoner’s attendance at the ICC.
(3) If the Attorney General gives a direction under subsection (2), section 144(3) and (4) apply, with any necessary modifications.
(4) This section does not apply if the request by the ICC is a request to which section 95(1) applies.
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.
(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.
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.