'Transportation and transit through State territory for surrender' in document 'Trinidad and Tobago - Mutual assistance act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART VI
MISCELLANEOUS

36. Transit.

(1) Where a person is to be transported in custody from a Commonwealth country through Trinidad and Tobago to another Commonwealth country pursuant to a request for assistance, of the kind referred to in the Scheme, by the other Commonwealth country, the person—

(a) may be transported through Trinidad and Tobago in the custody of another person; and
(b) if an aircraft or ship by which the person is being transported lands or calls at a port in Trinidad and Tobago, shall be kept in such custody as the Attorney General directs in writing until the person’s transportation is continued.

(2) Where a person is being held in custody pursuant to a direction under subsection (1)(b) and the person’s transportation is not, in the opinion of the Attorney General, continued within a reasonable time, the Attorney General may direct that the person be transported in custody to the Commonwealth country from which the person was first transported.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

Article 89
Surrender of persons to the Court
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.