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]

PART III
EXTRADITION FROM TRINIDAD AND TOBAGO


7. Further proceedings.
For greater certainty, the discharge of a person under this Act does not preclude further proceedings, whether or not they are based on the same conduct, with a view to the return of the person under this Act unless the High Court is of the opinion that those further proceedings would be an abuse of process.

8. General restrictions on return.

(2) A person accused of an offence shall not be returned under this Act, other than under section 11, to a declared Commonwealth or foreign territory, or committed to or kept in custody for the purposes of the return, if it appears as aforesaid that if charged with that offence in Trinidad and Tobago he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE

22. Acceptance or refusal of request, etc.

(2) Such a request shall be refused if, in the opinion of the Central Authority—

(f) the request relates to conduct by a person that constitutes an offence in respect of which the person has already been convicted or acquitted by a Court or tribunal in Trinidad and Tobago ;

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

General Principles of Criminal Law

12. (1) For the purposes of proceedings for an offence under section 9, 10 or 11—
(a) the following provisions of the Statute
apply, with any necessary modifications:
(i) article 20, which relates to crimes for which a person has previously been acquitted or convicted;

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender
55. (1) The Attorney General shall refuse a request by the ICC for the surrender of a person if—
(a) there has been previous proceedings against the person and section 57(4) applies;

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

57. (2) If this section applies, the Attorney General shall immediately consult with the ICC to determine if there has been a relevant ruling on admissibility under the Statute.
(3) If the ICC has ruled that the case is admissible, surrender cannot be refused on the grounds that there have been previous proceedings.
(4) If the ICC has ruled that the case is inadmissible under article 20 of the Statute, surrender must be refused on the ground that there have been previous proceedings.
(5) If an admissibility ruling is pending, the Attorney General may postpone the execution of a request until the ICC has made a determination on admissibility.