PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Remand and Bail
39. (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.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Eligibility for Surrender

46. (3) If the Court issues a warrant under subsection (2), the Court may grant bail to the person in accordance with section 39.

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.