Extradition (Commonwealth and Foreign Territories)

CHAPTER 12:04

EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT


PART III
EXTRADITION FROM TRINIDAD AND TOBAGO

14. Review by High Court.

(1) Where a person whose return is requested by a declared Commonwealth territory or a declared foreign territory is ordered by the Magistrate to be discharged from custody under section 12, the Government which requested the return of that person may, within four days of the making of the order by the Magistrate, apply to the High Court for review of the order of discharge on any question of law and on such application the High Court may so review the order.

(2) Where such Government desires to make such application, the Government shall, at the time of the making of the order of discharge by the Magistrate, give to the Magistrate notice of its intention to apply to the High Court for review of the order, and such notice shall operate as a stay of the order of the Magistrate—
(a) until the expiration of the period of four days, beginning with the day on which the order of discharge was made;
(b) if an application for review of the order of discharge has been made, until the determination of the application by the High Court.

(3) Where such Government gives notice of its intention to apply for review of the order of the Magistrate, the Magistrate shall immediately grant to the person in respect of whom the order of discharge was made, bail pending the determination by the High Court of the application; and the recognisance of bail shall be taken before the Magistrate in accordance with subsections (5) and (6).

(4) Upon application for review of the order of the Magistrate being made by such Government, the Registrar of the Supreme Court shall immediately apply to the Magistrate for a statement of the evidence tendered before the Magistrate on which the Magistrate came to his decision and of his reasons for his decision and his finding on any question of law under review; and the Magistrate shall with all convenient dispatch transmit the same to the Registrar.

(5) Where an application for review of the order of the Magistrate has been made by such Government, the person to whom bail has been granted under subsection (3) shall immediately enter into a recognisance with one surety in such sum as the Magistrate thinks sufficient acknowledged before the Magistrate and conditioned that such person appear before the High Court and do not depart therefrom without leave and abide by the order of the High Court.

(6) A recognisance referred to in subsection (5) shall be in the form set out in Form 7 in the Second Schedule, but the Magistrate may consent to a deposit of money into Court from or on account of any person in lieu of such surety and in such case, upon the deposit of the sum required by the Magistrate, such person shall enter into a recognisance in the form set out in Form 8 in the Second Schedule.

(7) An application for judicial review or habeas corpus under this section shall be listed for hearing by the High Court at an early date whether that date is in or out of the sessions of that Court.


15. Appeal to Court of Appeal.

(1) Where the order of the Magistrate has been reviewed by the High Court in accordance with section 14, the Government which applied for the review or the person in respect of whom the order of discharge was made, may, if dissatisfied with the decision of the High Court on review, within four days of the pronouncing of the decision, appeal to the Court of Appeal on any question of law; and on such appeal, the Court of Appeal has the power to confirm or reverse the decision of the High Court and there shall be no appeal from the decision of the Court of Appeal.

(2) Where such Government or such person desires to appeal under subsection (1), the Government or the person, as the case may be, shall, at the time of the pronouncing of the decision by the High Court, give to the High Court notice of its, or his, intention to appeal to the Court of Appeal, and such notice shall operate as a stay of the decision of the High Court—
(a) until the expiration of the period of four days, beginning with the day on which the decision was pronounced;
(b) if an appeal has been filed in the Supreme Court, until the determination of the appeal by the Court of Appeal.

(3) Where such Government which applied for review of the order of discharge made by the Magistrate, or such person in respect of whom the order of discharge was made, gives notice of its, or his, intention to appeal to the Court of Appeal, the High Court shall immediately grant to such person, bail pending the determination of the appeal; and the recognisance of bail shall be taken before any Magistrate in accordance with subsections (5) and (6).

(4) Upon an appeal to the Court of Appeal being filed in the Supreme Court, the High Court shall with all convenient dispatch transmit to the Court of Appeal—
(a) all documents transmitted by the Magistrate in accordance with section 14(4); and
(b) a statement of the reasons for the decision of the High Court and the finding of the High Court on any question of law under appeal.

(5) Upon an appeal to the Court of Appeal being filed in the Supreme Court, the person to whom bail has been granted under subsection (3) shall immediately enter into a recognisance with one surety in such sum as the Magistrate thinks sufficient acknowledged before the Magistrate and conditioned that such person appear before the Court of Appeal and do not depart therefrom without leave and abide by the order of the Court of Appeal.

(6) A recognisance referred to in subsection (5) shall be in the form set out in Form 9 in the Second Schedule, but the Magistrate may consent to a deposit of money into Court from or on account of any person in lieu of such surety and in such case, upon the deposit of the sum required by the Magistrate, such person shall enter into a recognisance in the form set out in Form 10 in the Second Schedule.

(7) An appeal under this section shall be listed for hearing by the Court of Appeal at an early date whether that date is in or out of the sessions of that Court.

Article 89
Surrender of persons to the Court
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
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 91
Contents of request for arrest and surrender
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 93
Other forms of cooperation
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.

Article 96
Contents of request for other forms of assistance under article 93
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

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.