CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART VI
MISCELLANEOUS

36. Transit.

(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

137. (1) The transferee shall, during the period of transit, be detained in custody in accordance with subsection (2).
(2) If the aircraft or ship that transports a transferee lands or calls at any place in Trinidad and Tobago—
(a) the person holding the transferee in custody before the landing or call is made may hold the transferee in his or her custody or in police custody for a period not exceeding ninety-six hours; and
(b) a High Court may, on the application of a police officer, order that the transferee be held in custody for such further period as the Court considers reasonably necessary to facilitate the transportation of the transferee to the ICC or to another State, as the case may be.
(3) If an unscheduled landing occurs and the ICC is required under section 136(6) to submit a request for transit, the transferee must be held in custody under subsection (2).
(4) If subsection (3) applies, the period of detention of the transferee may not be extended beyond ninety-six hours from the time of the unscheduled landing, unless the request for transit from the ICC is received within that time.
(5) If a High Court orders, under subsection (2)(b), that a transferee be held in custody, the transferee may be detained in a prison or any other place in which a person could be detained under section 42.