PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Remand and Bail
39. (1) A person arrested on a warrant issued under section 34 or 36 shall, unless sooner discharged, be brought before the Court as soon as possible.
(2) The person—
(a) is not entitled to bail as of right; and
(b) may not go at large without bail.
(3) If the High Court remands the person on bail, it may impose any conditions of bail that it thinks fit.
(4) Without limiting the other factors that may be taken into account in making a decision to grant bail, the High Court shall have regard to the following:
(a) the gravity of the alleged crimes;
(b) whether there are urgent and exceptional circumstances that favour the grant of bail; and
(c) whether necessary safeguards exist to ensure that Trinidad and Tobago can fulfill its duty under the Statute to surrender the person to the ICC.
(5) Without limiting the other factors that may be taken into account in making a decision to grant bail, the High Court may not consider whether any warrant of arrest or judgment issued by the ICC was properly issued in accordance with the Statute.
40. (1) If an application for bail is made, the Attorney General shall notify the ICC which may make recommendations to the Attorney General that shall be conveyed to the High Court that is considering the application.
(2) Before rendering its decision, the High Court shall consider any recommendations that the ICC has made, including any recommendations on measures to prevent the escape of the person.
(3) If the person is granted bail, the Attorney General shall, if the ICC requests, provide periodic reports to the ICC on the person’s bail status.
(4) This section applies with any necessary modifications to any bail application made during the period until the person is surrendered to the ICC or discharged according to law.
41. In proceedings under this Part, except as expressly provided in this Act or in Regulations made under section 170 or 180, the High Court has the same jurisdiction and powers, and shall conduct the proceedings in the same manner, as if the person were charged with a summary offence alleged to have been committed within the jurisdiction of Trinidad and Tobago.
42. (1) This section applies if the High Court orders the detention of a person at any time under this Part.
(2) If the High Court concludes that detaining the person in prison would risk the person’s life or health or be undesirable for any reason, the High Court may order that the person be held in custody—
(a) at the place where the person is for the time being; or
(b) at any other place that the Court considers appropriate, having regard to the risk or reason involved.
(3) The person may be held as specified in subsection (2) until—
(a) the person can be detained in a prison with¬out risk to life or health;
(b) the reason for not detaining him or her in prison no longer applies; or
(c) he or she is surrendered or discharged according to law.
(4) In making the order specified in subsection (2), the High Court shall have regard to any recommen¬dations that the ICC may make regarding the place of the person’s detention.
Provisional arrest - detention pending surrender
Detention pending surrender
EDIT.