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.

PART VII
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Person in Transit

136.
(2) The transferee may be transported through Trinidad and Tobago for the purpose of being surrendered or transferred to the ICC or to another State, as the case may be.
(3) Before the transferee is transported through Trinidad and Tobago under subsection (2), the ICC must first transmit a request in accordance with article 87 of the Statute that contains the following information and documents:
(a) a description of the transferee;
(b) in the case of a person described in subsection (1)(a) —
(i) a brief statement of the facts of the case and their legal characterization; and
(ii) a copy of the warrant for arrest and surrender; and
(c) in a case of a person described in subsection (1)(b), such information as the Attorney General may request about the reasons for the temporary transfer.

(4) Notwithstanding subsection (3), the Attorney General shall not refuse a request for transit unless he considers that transit through Trinidad and Tobago would impede or delay the surrender or transfer of the transferee.
(5) Notwithstanding subsection (3), no authori¬zation for transit is required if the transferee is transported by air and no landing is scheduled on Trinidad and Tobago territory.
(6) If an unscheduled landing occurs on Trinidad and Tobago territory, the Attorney General may require the ICC to submit a request for transit of the transferee under subsection (3) as soon as is reasonably practicable.