PART VII
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of Sentences in Trinidad and Tobago

S
148. (1) An ICC prisoner serving a sentence in Trinidad and Tobago may—
(a) be extradited to another country in accordance with the Extradition (Commonwealth and Foreign Territories) Act, 1985 either—
(i) at the completion of the sentence; or
(ii) during the sentence, but only for a temporary period;

(b) be required to remain in Trinidad and Tobago in order to serve any sentence that the prisoner is liable to serve under Trinidad and Tobago law; or
(c) be required to remain in Trinidad and Tobago to undergo trial for an offence under Trinidad and Tobago law.
(2) Notwithstanding subsection (1) a person to whom—
(a) subsection (1)(a) applies may not be extradited to another country without the prior agreement of the ICC; or
(b) subsection (1)(b) or (c) applies may not be required to serve a sentence in Trinidad and Tobago or to undergo trial for an offence under Trinidad and Tobago law, as the case may be, that relates to an act or omission that occurred before the designation referred to in section 140(1)(c), without the prior agreement of the ICC.
(3) Subsection (2) does not apply to a person
who—
(a) remains voluntarily in Trinidad and Tobago for more than thirty days after the date of completion of, or release from, the sentence imposed by the ICC; or
(b) voluntarily returns to Trinidad and Tobago after having left.
149. (1) Subsection (2) applies if—
(a) an ICC prisoner serving a sentence in another State escapes from custody and is located in Trinidad and Tobago; and
(b) the State designated by the ICC as the State of enforcement of the sentence makes a request to Trinidad and Tobago for extradition in accordance with article 111 of the Statute.

(2) If this subsection applies, the Extradition Act, 1985 applies to a request for extradition—
(a) with any necessary modifications; and
(b) as if the request related to a person who had been convicted of an extradition offence, within the meaning of section 2 of that Act.
(3) Subsection (4) applies if—
(a) an ICC prisoner serving a sentence in Trinidad and Tobago escapes from custody and is located in another State; and
(b) the Attorney General wishes to make a request to that State for the person’s extradition in accordance with article 111.
(4) If this subsection applies, the Attorney General may make a request for the prisoner’s extradition under the Extradition Act, 1985 and that Act applies—
(a) with any necessary modifications; and
(b) as if the request related to a person who had been convicted of an extradition offence, within the meaning of section 2 of that Act.

PART X
REQUESTS TO ICC FOR ASSISTANCE

176. The Extradition Act, 1985 applies, with any necessary modifications, in relation to the surrender or temporary surrender of a person by the ICC to Trinidad and Tobago, as if the ICC were an extradition country within the meaning of that Act, subject to any contrary provision in the Statute or the Rules.

Article 102
Use of terms
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.