Extradition (Commonwealth and Foreign Territories)

CHAPTER 12:04

EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT

PART III
EXTRADITION FROM TRINIDAD AND TOBAGO

17. Discharge in case of delay in returning.

(1) If any person committed to await his return is in custody in Trinidad and Tobago under this Act after the expiration of the following period, that is to say:
(a) in any case, the period of two months beginning with the first day on which, having regard to section 13(2), he could have been returned;
(b) where a warrant for his return has been issued under section 16, the period of one month beginning with the day on which that warrant was issued,
he may apply to the High Court for his discharge.

(2) If upon an application under subsection (1) the High Court is satisfied that reasonable notice of the proposed application has been given to the Attorney General, the Court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody and, if a warrant for his return has been issued under section 16, quash that warrant.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Remand and Bail

39. (1) A person arrested on a warrant issued under section 34 or 36 shall, unless sooner discharged, be brought before the Court as soon as possible.

(2) The person—
(a) is not entitled to bail as of right; and
(b) may not go at large without bail.
(3) If the High Court remands the person on bail, it may impose any conditions of bail that it thinks fit.
(4) Without limiting the other factors that may be taken into account in making a decision to grant bail, the High Court shall have regard to the following:
(a) the gravity of the alleged crimes;
(b) whether there are urgent and exceptional circumstances that favour the grant of bail; and
(c) whether necessary safeguards exist to ensure that Trinidad and Tobago can fulfill its duty under the Statute to surrender the person to the ICC.
(5) Without limiting the other factors that may be taken into account in making a decision to grant bail, the High Court may not consider whether any warrant of arrest or judgment issued by the ICC was properly issued in accordance with the Statute.
40. (1) If an application for bail is made, the Attorney General shall notify the ICC which may make recommendations to the Attorney General that shall be conveyed to the High Court that is considering the application.
(2) Before rendering its decision, the High Court shall consider any recommendations that the ICC has made, including any recommendations on measures to prevent the escape of the person.
(3) If the person is granted bail, the Attorney General shall, if the ICC requests, provide periodic reports to the ICC on the person’s bail status.
(4) This section applies with any necessary modifications to any bail application made during the period until the person is surrendered to the ICC or discharged according to law.

41. In proceedings under this Part, except as expressly provided in this Act or in Regulations made under section 170 or 180, the High Court has the same jurisdiction and powers, and shall conduct the proceedings in the same manner, as if the person were charged with a summary offence alleged to have been committed within the jurisdiction of Trinidad and Tobago.
42. (1) This section applies if the High Court orders the detention of a person at any time under this Part.
(2) If the High Court concludes that detaining the person in prison would risk the person’s life or health or be undesirable for any reason, the High Court may order that the person be held in custody—
(a) at the place where the person is for the time being; or
(b) at any other place that the Court considers appropriate, having regard to the risk or reason involved.
(3) The person may be held as specified in subsection (2) until—
(a) the person can be detained in a prison with¬out risk to life or health;
(b) the reason for not detaining him or her in prison no longer applies; or
(c) he or she is surrendered or discharged according to law.
(4) In making the order specified in subsection (2), the High Court shall have regard to any recommen¬dations that the ICC may make regarding the place of the person’s detention.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Eligibility for Surrender

46. (1) This section applies if—
(a) the Court has determined in accordance with section 43 that a person is eligible for surrender; or
(b) a person has consented to surrender to the ICC in accordance with section 45.

(2) If this section applies, the Court shall—
(a) issue a warrant for the detention of the person in a prison or other place authorized in accordance with section 42 of this Act, pending the surrender of the per¬son to the ICC or the person’s discharge according to law;
(b) send to the Minister a copy of the warrant of detention and such report on the case as the court thinks fit;
(c) inform a person to whom subsection (1)(a) applies that—
(i) subject to section 70, the person will not be surrendered until the expiration of fifteen days after the date of the issue of the warrant;
(ii) during that time the person has the right to make an application for a writ of habeas corpus; and
(iii) the person has the right to lodge an appeal under section 67; and

(d) inform a person to whom subsection (1) applies that the Attorney General is required to determine whether to issue a surrender order before the person can be surrendered to the ICC; and
(e) inform the person that if a surrender order is made and he is not removed within two months, he may apply to be discharged under section 74.
(3) If the Court issues a warrant under subsection (2), the Court may grant bail to the person in accordance with section 39.
(4) If the Court is not satisfied that the person is eligible for surrender, it shall discharge the person, unless under section 69 it orders that the person continue to be detained or issues a warrant for the arrest and detention of the person, pending the determination of an appeal under section 67.