PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Surrender and Temporary Surrender
(5) If the Attorney General makes a surrender order in respect of a person described in section 47(2), the Attorney General may arrange for any approvals, authorities and permissions that may be needed to be obtained before surrender, including the variation, cancellation, or suspension of the sentence, or of any conditions of the sentence.
(6) Subject to section 48, once the Attorney General has made a surrender order, he must use his best endeavours to ensure that the person is delivered to the ICC without delay in accordance with this Act and any applicable Rules.
48. (1) This section applies if the Attorney General has determined under section 47 that in all other respects it is appropriate to make a surrender order, but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against the law of Trinidad and Tobago.
(2) If this section applies, the Minister may, after consultation with the ICC, instead of making a surrender order that has immediate effect, or a temporary surrender order under section 49, make an order for the surrender of the person that is to come into effect when the person ceases to be liable to be detained.
49. (1) This section applies if—
(a) the request by the ICC for surrender relates to an international crime of which the person is accused;
(b) the Minister has determined under section 47 that in all other respects it is appropriate to make a surrender order but the person sought is either—
(i) the subject of proceedings for a different offence against Trinidad and Tobago law that has not been finally disposed of; or
(ii) liable to be detained in a prison because of a sentence of imprison¬ment imposed for a different offence against the law of Trinidad and Tobago; and
(c) after consultation by the Attorney General with the ICC, the ICC requests that the person be surrendered temporarily.
(2) If this section applies, the Minister may make a temporary surrender order in respect of the person.
(3) Before making a temporary surrender order, the Attorney General may seek undertakings from the ICC relating to one or more of the following matters:
(a) the return of the person to Trinidad and Tobago;
(b) the custody of the person while travelling to and from and while in, the ICC’s jurisdiction; and
(c) such other matters, if any, that the Attorney General thinks appropriate.
50. (1) The Attorney General shall review whether it is appropriate for a person who has been surrendered to the ICC under a temporary surrender order to be returned to Trinidad and Tobago in accordance with undertakings received from the ICC if the person is convicted by the ICC of an international crime and sentenced to imprisonment.
(2) The Attorney General may determine that he no longer requires the undertaking relating to return, to be complied with and if so, shall inform the ICC without delay.
51. (1) The Attorney General may make a surrender order in relation to a person who was surrendered to the ICC under a temporary surrender order if—
(a) the person has been convicted by the ICC of an international crime and sentenced to imprisonment;
(b) the person is returned to Trinidad and Tobago in order for the Trinidad and Tobago proceedings or sentence to be completed; and
(c) the ICC makes a request at any time before the person is no longer the subject of Trinidad and Tobago proceedings or ceases to be liable to be detained in a Trinidad and Tobago prison, that, when he is no longer the subject of proceedings or ceases to be so liable, the person be surrendered to serve the sentence imposed by the ICC.
(2) Before making an order under subsection (1), the Attorney General shall determine in accordance with section 47(2), that the person is to be surrendered.
(3) If a surrender order is made under this section, the order takes effect on the same day that the person ceases to be subject to the Trinidad and Tobago proceedings or ceases to be liable to be detained in a Trinidad and Tobago prison.
52. (1) If a person who is subject to a sentence of imprisonment is released from a Trinidad and Tobago prison under a surrender order made under section 47 or a temporary surrender order made under section 49, the person is to be treated, while in custody in connec¬tion with the request or the crime to which the request related, as the case may be including custody outside Trinidad and Tobago, as being in custody for the purposes of the Trinidad and Tobago sentence, which continues to run. Trinidad and Tobago sentence continues to run
(2) If, while a person is within the jurisdiction of the ICC under a temporary surrender order or surrender order, the person ceases to be liable to be detained in a Trinidad and Tobago prison, the Attorney General shall inform the ICC that any undertakings relating to custody referred to in section 49(3)(a) and section 49(3)(b), no longer need to be complied with.
(3) Nothing in this section affects the ICC’s power to direct that any sentence of imprisonment that it imposes is to be cumulative on a sentence imposed under Trinidad and Tobago law.
Person sought for different crime
EDIT.