PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Miscellaneous Provisions Relating to Arrest and Surrender

79. (2) The superintendent or the head of the other place shall, if requested, provide to the Attorney General a certificate recording—
(a) the date on which the person was admitted to a prison or any other place to be held in custody in relation to the request;
(b) the total period during which the person was detained in custody during the process leading to the surrender of the person in Trinidad and Tobago in relation to the offence; and
(c) whether the person was, at any time during the period in custody in relation to the surrender, also serving a sentence for an offence against Trinidad and Tobago law.
(3) The Minister shall provide to the ICC at the time of the surrender of the person, or as soon as possible after that, a certificate recording the informa¬tion specified in subsection (2) and such other informa¬tion relating to any period spent in custody in relation to the surrender as the ICC may request.
80. (1) This section applies if—
(a) a person is surrendered to the ICC under this Act; and
(b) the ICC requests a waiver of the require¬ments of article 10 1(1) of the Statute which relates to the rule of speciality.

(2) If this section applies, the Minister may consent to the person being proceeded against, punished, or detained for conduct committed before surrender, not being the conduct or course of conduct that forms the basis of the crimes for which that person has been surrendered.
(3) The consent given under subsection (2) may relate to the person’s surrender to another State.
(4) Before giving consent under subsection (2), the Attorney General may—
(a) request that additional information be provided in accordance with article 91 of the Statute; and
(b) seek any assurances from the ICC that the Minister thinks fit.

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.