1. Short title and application.
(2) This Act applies to extraditable offences committed before as well as after the commencement of this Act .
Extradition (Commonwealth and Foreign Territories)
CHAPTER 12:04 EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT
An Act to repeal and replace the Extradition Act, the French Guiana Extradition Act, the Venezuela Extradition Act and the applied United Kingdom Acts entitled the Fugitive Offenders Act, 1881 and the Extradition Acts, 1870 to 1906
[31ST JANUARY 1986]
1. Short title and application.
(1) This Act may be cited as the Extradition (Commonwealth and Foreign Territories) Act.
(2) This Act applies to extraditable offences committed before as well as after the commencement of this Act .
PART I
INTERPRETATION
2. Interpretation
In this Act—
“application for habeas corpus” means an application for a writ of habeas corpus ad subjiciendum;
“authority to proceed” has the meaning assigned to it by section 9(1);
“conviction” does not include or refer to a conviction which under the law of some other territory is a conviction for contumacy, but the term “person accused” includes a person convicted of contumacy;
“dealt with” means tried or returned or surrendered to any territory or detained with a view to trial or with a view to such return or surrender;
“declared Commonwealth territory” has the meaning assigned to it by section 3(1);
“declared foreign territory” has the meaning assigned to it by section 4(1);
“extraditable offence” has the meaning assigned to it by section 6;
“foreign territory” means any State outside Trinidad and Tobago other than a Commonwealth territory, and includes every constituent part, colony or dependency of such State;
“fugitive offender” or “offender” means any person being or suspected of being in Trinidad and Tobago, who is accused or who is alleged to be unlawfully at large after conviction of an extraditable offence committed within the jurisdiction of, or part of, a declared Commonwealth territory or a declared foreign territory, as the case may be;
“Governor”, in relation to any territory, means the person or
persons administering the government of that territory;
“imprisonment” includes detention of any description;
“provisional warrant” has the meaning assigned to it by section 10(1);
“race” includes tribe;
“treaty” means any convention, treaty, agreement or arrangement for the time being in force between Trinidad and Tobago and any foreign territory for the return or surrender of offenders;
“warrant”, in the case of any foreign territory, includes any judicial document authorising the arrest of a person accused or convicted of crime.
PART II
TERRITORIES TO WHICH ACT APPLIES
COMMONWEALTH TERRITORIES
3. Declared Commonwealth territories.
(1) The Attorney General may, by Order subject to negative resolution of Parliament, declare a Commonwealth territory other than Trinidad and Tobago to be a Commonwealth territory (hereafter referred to as a declared Commonwealth territory) in relation to which this Act applies, and where any
such Order so declares, this Act applies in relation to that territory; and any such Order may provide that this Act applies in relation to that territory subject to such exceptions, adaptations, modifications or other provisions as may be specified in the Order and, where any such Order so provides, this Act applies in relation to that territory subject to such exceptions, adaptations, modifications or other provisions.
(2) For the purposes of any Order made under subsection (1), any territory for the external relations of which a Commonwealth country is responsible may be treated as part of that country or, if the Government of that country so requests, as a separate country.
FOREIGN TERRITORIES
4. Declared foreign territories.
(1) Where a treaty has been concluded, whether before or after the commencement of this Act, between Trinidad and Tobago and any foreign territory in relation to the return of fugitive offenders, the Attorney General may, by Order subject to negative resolution of Parliament, declare that territory to be a foreign territory (hereafter referred to as a declared foreign territory) in relation to which this Act applies, and where any such Order so declares, this Act applies in relation to that territory; and any such Order may provide that this Act applies in relation to that territory subject to such exceptions, adaptations, modifications or other provisions as may be specified in the Order and, where any such Order so provides, this Act applies in relation to that territory subject to such exceptions, adaptations, modifications or other provisions.
(2) An Order shall not be made under subsection (1) unless the treaty—
(a) is in conformity with the provisions of this Act, and in particular with the restrictions on the return of fugitive offenders contained in this Act; and
(b) provides for the determination of the treaty by either party to it after the expiration of a notice not exceeding one year.
(3) Any Order made under subsection (1) shall recite or embody the terms of the treaty and shall not remain in force for any longer period than the treaty; and the Order shall be conclusive evidence that the treaty complies with the requisitions of this Act and that this Act applies in relation to the foreign territory mentioned in the Order, and the validity of the Order shall not be questioned in any legal proceedings whatever .
PART III
EXTRADITION FROM TRINIDAD AND TOBAGO
5. Persons liable to be returned.
(1) A person found in Trinidad and Tobago—
(a) who is accused of an extraditable offence; or
(b) who is alleged to be unlawfully at large after conviction of an extraditable offence,
in a declared Commonwealth territory, or in a declared foreign territory, may, subject to and in accordance with the provisions of this Act, be arrested and returned to the declared Commonwealth territory or the declared foreign territory, as the case may be.
(2) For greater certainty, a person may be returned under this Act whether or not the conduct on which the declared Commonwealth or foreign territory bases its request occurred in territory over which it has jurisdiction.
PART II
PUNISHMENT OF OFFENDERS UNDER THE CONVENTIONS AND PROTOCOL I
3. Punishment of grave breaches of the Conventions and Protocol I
3. (1) A person, whatever his nationality, who, in Trinidad and Tobago or elsewhere, commits or aids, abets or procures any other person to commit a grave breach of any of the Conventions or of Protocol I, commits an indictable offence and is liable on conviction to the penalty specified in subsection (2).
PART II
PUNISHMENT OF OFFENDERS UNDER THE CONVENTIONS AND PROTOCOL I
3. Punishment of grave breaches of the Conventions and Protocol I
3. (4) In the case of an offence under this section committed outside Trinidad and Tobago, a person may be proceeded against, indicted, tried and punished in any place in Trinidad and Tobago as if the offence had been committed in Trinidad and Tobago.
PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Jurisdiction in respect of international crimes
Jurisdiction to Try International Crimes
8. (1) Proceedings may be brought for an offence—
(a) against section 9 or 10, if the act
constituting the offence charged is alleged
to have occurred—
(i) on or after the commencement of this section; or
(ii) on or after the applicable date but before the commencement of this section, and would have been an offence under the law of Trinidad and Tobago in force at the time the act occurred, had it occurred in Trinidad and Tobago;
(b) against section 11, if the act constituting the offence charged is alleged to have occurred on or after the commencement of this sec¬tion; and
(c) against section 9, 11 or 19 regardless of—
(i) the nationality or citizenship of the person accused;
(ii) whether or not any act forming part of the offence occurred in Trinidad and Tobago; or
(iii) whether or not the person accused was in Trinidad and Tobago at the time that the act constituting the offence occurred or at the time a decision was made to charge that person with an offence.
(2) Subsection (3) applies if a person to whom subsection (1)(a)(ii) applies, is convicted of an offence against section 9 or 10.
PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Jurisdiction in respect of international crimes
Jurisdiction to Try International Crimes
8.
(4)In subsection (1)(a)(ii), applicable date means—
(a) in relation to an offence against section 9, 31st January, 1977; or
(b) in relation to an offence against section 10, 1st January, 1991.
PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Jurisdiction to Try Offences Against Administration of Justice
14. Proceedings may be brought for an offence under sections 15 to 21, if—
(a) the act or omission constituting the offence charged is alleged to have occurred in Trinidad and Tobago or on board a ship or aircraft that is registered in Trinidad and Tobago; or
(b) the person charged is a Trinidad and Tobago citizen.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.