PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Eligibility for Surrender

46. (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.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Appeals against Determinations of Eligibility for Surrender

72. (1) If the appeal is against a determination that a person is eligible for surrender, and the Court of Appeal reverses the determination in respect of which the case has been stated, the Court of Appeal shall either—
(a) discharge the person; or

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Appeals against Determinations of Eligibility for Surrender

72. (2) If the appeal is against a determination that a person is eligible for surrender in respect of two or more international crimes, and the Court of Appeal determines that the determination includes an error of law that relates to only one or some of those international crimes, the Court of Appeal may amend the determination and—
(a) discharge the person in respect of that international crime or those international crimes; or

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Discharge of Person
73. If the Attorney General determines under section 47 that the person is not to be surrendered, the person must be discharged from custody immediately unless that person is subject to any other order for detention.
74. (1) This section applies if a person is not surrendered and conveyed out of Trinidad and Tobago under a surrender order or a temporary surrender order made under this Part within two months—
(a) after the date of the issue of the warrant for the detention of the person under section 46 pending surrender, if no appeal or application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or appli¬cation, is pending;
(b) if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, after the date that the proceedings are finally determined; or
(c) if a surrender order is made under section 48, after the date that the order takes effect.

(2) If this section applies, the person may apply to a Judge of the High Court to be discharged.
(3) If an application to be discharged is made under subsection (2), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Attorney General, unless sufficient cause is shown against the discharge—
(a) discharge the surrender order or temporary surrender order, as the case may be; and
(b) order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.
75. (1) If a person has been surrendered under a temporary surrender order made under section 49, nothing in section 74 prevents an order being made under section 51.
(2) Subsection (3) applies if an order is made under section 51 and the person is not surrendered and conveyed out of Trinidad and Tobago under this Part within two months after the date that the person ceases to be liable to be detained under the sentence of imprisonment imposed by the High Court.
(3) If this subsection applies, the person may apply to a Judge of the High Court to be discharged.
(4) If an application to be discharged is made under subsection (3), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Attorney General, unless sufficient cause is shown against the discharge—
(a) discharge the surrender order; and
(b) order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.


76. To avoid doubt, the discharge of a person under any provision of this Part does not preclude further proceedings under this Act, whether or not they are based on the same conduct, to surrender the person to the ICC.

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.