Spans in 'Trinidad and Tobago - Extradition Act' tagged with 'Provisional arrest

'Provisional arrest - detention pending surrender' in document 'Trinidad and Tobago - Extradition Act'

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More information about the keyword 'Provisional arrest - detention pending surrender'
More information about the document 'Trinidad and Tobago - Extradition Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Extradition (Commonwealth and Foreign Territories)

CHAPTER 12:04

EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT

PART III
EXTRADITION FROM TRINIDAD AND TOBAGO

17. Discharge in case of delay in returning.

(1) If any person committed to await his return is in custody in Trinidad and Tobago under this Act after the expiration of the following period, that is to say:
(a) in any case, the period of two months beginning with the first day on which, having regard to section 13(2), he could have been returned;
(b) where a warrant for his return has been issued under section 16, the period of one month beginning with the day on which that warrant was issued,
he may apply to the High Court for his discharge.

(2) If upon an application under subsection (1) the High Court is satisfied that reasonable notice of the proposed application has been given to the Attorney General, the Court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody and, if a warrant for his return has been issued under section 16, quash that warrant.

RELEVANT ROME STATUTE PROVISIONS

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
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.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.