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PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Surrender and Temporary Surrender
47. (2) The Attorney General shall make a surrender order in respect of the person unless—
(d) the Minister makes a temporary surrender order under section 49.
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Surrender and Temporary Surrender
(5) If the Attorney General makes a surrender order in respect of a person described in section 47(2), the Attorney General may arrange for any approvals, authorities and permissions that may be needed to be obtained before surrender, including the variation, cancellation, or suspension of the sentence, or of any conditions of the sentence.
(6) Subject to section 48, once the Attorney General has made a surrender order, he must use his best endeavours to ensure that the person is delivered to the ICC without delay in accordance with this Act and any applicable Rules.
48. (1) This section applies if the Attorney General has determined under section 47 that in all other respects it is appropriate to make a surrender order, but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against the law of Trinidad and Tobago.
(2) If this section applies, the Minister may, after consultation with the ICC, instead of making a surrender order that has immediate effect, or a temporary surrender order under section 49, make an order for the surrender of the person that is to come into effect when the person ceases to be liable to be detained.
49. (1) This section applies if—
(a) the request by the ICC for surrender relates to an international crime of which the person is accused;
(b) the Minister has determined under section 47 that in all other respects it is appropriate to make a surrender order but the person sought is either—
(i) the subject of proceedings for a different offence against Trinidad and Tobago law that has not been finally disposed of; or
(ii) liable to be detained in a prison because of a sentence of imprison¬ment imposed for a different offence against the law of Trinidad and Tobago; and
(c) after consultation by the Attorney General with the ICC, the ICC requests that the person be surrendered temporarily.
(2) If this section applies, the Minister may make a temporary surrender order in respect of the person.
(3) Before making a temporary surrender order, the Attorney General may seek undertakings from the ICC relating to one or more of the following matters:
(a) the return of the person to Trinidad and Tobago;
(b) the custody of the person while travelling to and from and while in, the ICC’s jurisdiction; and
(c) such other matters, if any, that the Attorney General thinks appropriate.
50. (1) The Attorney General shall review whether it is appropriate for a person who has been surrendered to the ICC under a temporary surrender order to be returned to Trinidad and Tobago in accordance with undertakings received from the ICC if the person is convicted by the ICC of an international crime and sentenced to imprisonment.
(2) The Attorney General may determine that he no longer requires the undertaking relating to return, to be complied with and if so, shall inform the ICC without delay.
51. (1) The Attorney General may make a surrender order in relation to a person who was surrendered to the ICC under a temporary surrender order if—
(a) the person has been convicted by the ICC of an international crime and sentenced to imprisonment;
(b) the person is returned to Trinidad and Tobago in order for the Trinidad and Tobago proceedings or sentence to be completed; and
(c) the ICC makes a request at any time before the person is no longer the subject of Trinidad and Tobago proceedings or ceases to be liable to be detained in a Trinidad and Tobago prison, that, when he is no longer the subject of proceedings or ceases to be so liable, the person be surrendered to serve the sentence imposed by the ICC.
(2) Before making an order under subsection (1), the Attorney General shall determine in accordance with section 47(2), that the person is to be surrendered.
(3) If a surrender order is made under this section, the order takes effect on the same day that the person ceases to be subject to the Trinidad and Tobago proceedings or ceases to be liable to be detained in a Trinidad and Tobago prison.
52. (1) If a person who is subject to a sentence of imprisonment is released from a Trinidad and Tobago prison under a surrender order made under section 47 or a temporary surrender order made under section 49, the person is to be treated, while in custody in connec¬tion with the request or the crime to which the request related, as the case may be including custody outside Trinidad and Tobago, as being in custody for the purposes of the Trinidad and Tobago sentence, which continues to run. Trinidad and Tobago sentence continues to run
(2) If, while a person is within the jurisdiction of the ICC under a temporary surrender order or surrender order, the person ceases to be liable to be detained in a Trinidad and Tobago prison, the Attorney General shall inform the ICC that any undertakings relating to custody referred to in section 49(3)(a) and section 49(3)(b), no longer need to be complied with.
(3) Nothing in this section affects the ICC’s power to direct that any sentence of imprisonment that it imposes is to be cumulative on a sentence imposed under Trinidad and Tobago law.
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
53. A surrender order made under section 47 or a temporary surrender order made under section 49 must be in the prescribed form, if any, and shall—
(a) specify all the international crimes in relation to which the person is being surrendered;
(b) either—
(i) require the person in whose cus¬tody the person to be surrendered is being held, if the person is being held in custody to release the per¬son to be surrendered into the cus¬tody of a member of the police serv¬ice, or a prison officer; or
(ii) if the person to be surrendered is on bail, authorize any member of the police to take the person into custody;
(c) authorize the police officer, or prison officer, as the case may be, to transport the person in custody and, if necessary or convenient, to detain the person in custody, for the purpose of enabling him to be placed in the custody of a person who is, in the opinion of the Attorney General, duly authorized to receive the person to be surrendered in the name of and on behalf of the ICC; and
(d) authorize the duly authorized person referred to in paragraph (c) to take the person to be surrendered into custody and transport him out of Trinidad and Tobago as soon as practicable to the ICC to be dealt with according to law.
54. (1) If a request for surrender relates to a convicted person who has escaped from custody and the ICC directs, under article 111 of the Statute, that the person be delivered to the State in which he or she was serving the sentence or to any other State designated by the ICC, the Attorney General shall arrange for the person to be delivered to the State specified in the direction.
(2) In any case in which subsection (1) applies, the surrender order may specify that the person be surrendered into the custody of duly authorized representatives of the State specified in the direction.
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on Surrender
56. (1) The Attorney General may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if—
(b) the request would interfere with an investigation or prosecution for a different offence against Trinidad and Tobago law, as provided in section 58; or
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on Surrender
58. (1) This section applies if the ICC makes a request for surrender that would interfere with an investigation or proceeding in Trinidad and Tobago involving different conduct.
(2) If this section applies, the Attorney General may, after consultation with the ICC—
(a) proceed with the execution of the request in
accordance with section 56(2),
notwithstanding the Trinidad and Tobago investigation or proceedings; or
(b) postpone the execution of the request until the Trinidad and Tobago investigation or proceedings have been finally disposed of.
(3) Nothing in this section limits or affects section 48 which allows the Attorney General to make a surrender order that comes into force at a later date if a person is serving a sentence for a different offence against Trinidad and Tobago law.
Article 89
Surrender of persons to the Court
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.
Article 97
Consultations
Where a State Party receives a request under this Part in relation to which it identifies
problems which may impede or prevent the execution of the request, that State shall consult with
the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person
sought cannot be located or that the investigation conducted has determined that the person in the
requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the
requested State to breach a pre-existing treaty obligation undertaken with respect to another State.