National procedures for temporary transfer for purposes of identification, for obtaining testimony or other assistance

Trinidad and Tobago

Mutual Assistance in Criminal Matters Act

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

26. Assistance to country in arranging attendance of person.

(1) This section applies where a request is transmitted seeking that assistance be given by Trinidad and Tobago for the attendance in the Commonwealth country making the request, of a person in Trinidad and Tobago to give or provide evidence or assistance relevant to any criminal proceedings in that country, and the request is accepted.

(2) Where this section applies, the Central Authority shall—

(a) inquire whether or not the person concerned is willing to attend as requested;
(b) inform the central authority for the Commonwealth country making the request as to the outcome of the inquiry; and
(c) if the person is willing to attend as requested, make appropriate arrangements to facilitate that attendance.

The International Criminal Court Act 2006

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Temporary Transfer of Prisoners

96. (3) The Attorney General may ask the ICC to give one or more of the following assurances:
(a) that the prisoner will not be released from custody without the prior approval of the Attorney General;

(b) that the prisoner will be returned to Trinidad and Tobago Tobago without delay in accordance with arrangements agreed to by the Attorney General; and
(c) an assurance relating to such other matters as the Attorney General thinks appropriate.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(f) The temporary transfer of persons as provided in paragraph 7;

7.

(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.