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

Certificates and Removal Orders

150. (1) A certificate issued by the Attorney General under this section may—
(a) be issued for a period, not exceeding three months, specified in the certificate;
(b) from time to time, be renewed for further periods not exceeding three months; and
(c) if the Attorney General thinks fit, order that the person named in the certificate be taken into custody.
(2) The certificate is, while it remains in force, sufficient authority for the person named in the certificate to remain in Trinidad and Tobago.

(3) Nothing in the Immigration Act applies to the person named in the certificate while the certificate is in force.
151. The Attorney General shall cancel the certificate issued under section 150 and make a removal order under section 153 in respect of a person if, there do not appear to the Attorney General to be any other grounds on which the person should be permitted to remain in Trinidad and Tobago.


152. (1) If a certificate issued under section 150 orders that a person be taken into custody, the certificate is sufficient authority for a police officer to arrest the person and take him into custody.
(2) A person who is taken into custody under this section shall, unless sooner released, be brought before a Judge as soon as possible and, after that, every twenty-one days while the certificate is in force to determine, in accordance with subsection (3), if the person should be detained in custody or released pending the decisions referred to in section 151.
(3) If a person is brought before a Judge under subsection (2), the judge may, if he is satisfied that the person is the person named in the certificate—
(a) issue a warrant for the detention of the person in custody if he is satisfied that, if not detained, the person is likely to abscond; or
(b) order the release of the person subject to such conditions, if any, that he thinks fit.
(4) A warrant for the detention of the person issued under subsection (3)(a) may authorize the detention of the person in a prison or any other place in which a person could be detained under section 42.

153. (1) A removal order made by the Attorney General under this section may—
(a) either—
(i) require the person who is the subject of the order to be released into or taken into the custody of a police officer; or
(ii) if the person is not in custody, authorize any police officer to take the person into custody;
(b) must specify that the person is to be taken by a police officer and placed on board any craft for the purpose of effecting the person’s removal from Trinidad and Tobago; and
(c) may authorize the detention in custody of the person while awaiting removal from Trinidad and Tobago.
(2) The removal order shall be served on the person named in the order by personal service.
(3) If the removal order authorizes the detention of the person in custody, the person may be detained—
(a) in a prison, or any other place in which a person could be detained under section 42; or
(b) at a seaport or airport.
(4) A removal order made under this section continues in force until it is executed or cancelled.
(5) In this section, “personal service” in relation to a removal order, means personal delivery of the order to the person to whom it relates or, if the person refuses to accept the order, bringing the order to the person’s attention.

154. (1) If a person is not able to be conveyed out of Trinidad and Tobago within forty-eight hours after service of a removal issued under section 153, the person shall be brought before a Judge to determine, in accordance with subsection (2), whether the person should be detained in custody or released pending removal from Trinidad and Tobago.
(2) If a person is brought before a Judge under subsection (1), the judge may, if he is satisfied that the person is the person named in the order—
(a) issue a warrant for the detention of the person in custody if he is satisfied that, if not detained, the person is likely to abscond; or
(b) order the release of the person subject to such conditions, if any, that he thinks fit.
(3) A warrant for the detention of the person issued under subsection (2)(a) may authorize the detention of the person in any place specified in section 153(3).
155. A person to whom this Part applies is not required to hold a permit under the Immigration Act if, and for so long as, he is in Trinidad and Tobago in accordance with this Part, whether or not he is in custody.
156. Nothing in this Part authorizes the making of a removal order under section 153 in respect of a Trinidad and Tobago citizen.

Article 107
Transfer of the person upon completion of sentence
1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.
2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.
3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.