PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Miscellaneous Provisions Relating to Arrest and Surrender
77. (1) If a person is arrested on a warrant issued under this Part, a police officer may search, without further warrant, the person arrested and may seize any thing, including any sum of money, found on the person or in the person’s possession if the police officer believes on reasonable grounds that the thing on the person or in the person’s possession may be evidence as to the commission of any offence in relation to which the warrant for the arrest was issued for which the surrender of the person is sought by the ICC.
(2) If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched.
(3) Nothing in this section limits or affects the right at common law of a police officer to search a person on that person’s arrest.
(4) If any thing is seized under subsection (1) from the person arrested—
(a) the police officer shall make a report to the Attorney General specifying the items seized and any other relevant information; and
(b) the Attorney General shall, on receipt of the report referred to in paragraph (a), provide the ICC with a report on the seizure.
78. (1) If the Attorney General makes a surrender order or temporary surrender order under this Act, he may also direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed, be delivered with the person on the person’s surrender to the ICC.
(2) If the person cannot be surrendered or temporarily surrendered by reason of the person’s death or escape from custody, the Attorney General may direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered up to the ICC.
(3) If a person is discharged under this Act without being surrendered or temporarily surrendered, the Attorney General may direct that any thing seized under section 77 be returned to the person from whom it was seized.
(4) The Attorney General may refuse to direct that any thing referred to in subsection (1) or (2) be delivered to the ICC if the thing is required for the investigation of an offence within the jurisdiction of Trinidad and Tobago.
(5) The Attorney General may refuse to direct that any thing referred to in subsection (3) be returned to the person if—
(a) the thing is the subject of a dispute as to who is entitled to it;
(b) the thing is required for the investigation of an offence within the jurisdiction of Trinidad and Tobago; or
(c) possession of the thing by the person would be unlawful in Trinidad and Tobago.
79. (1) If the ICC requests the surrender of a person, and that person is detained in a Trinidad and Tobago prison or any other place in Trinidad and Tobago at any time pending surrender, the superintendent of the prison or the head of the other place shall keep a record of the time spent in custody as if the person was charged with an offence against the law of Trinidad and Tobago and was on remand.
C (2) The superintendent or the head of the other place shall, if requested, provide to the Attorney General a certificate recording—
(a) the date on which the person was admitted to a prison or any other place to be held in custody in relation to the request;
(b) the total period during which the person was detained in custody during the process leading to the surrender of the person in Trinidad and Tobago in relation to the offence; and
(c) whether the person was, at any time during the period in custody in relation to the surrender, also serving a sentence for an offence against Trinidad and Tobago law.
(3) The Minister shall provide to the ICC at the time of the surrender of the person, or as soon as possible after that, a certificate recording the informa¬tion specified in subsection (2) and such other informa¬tion relating to any period spent in custody in relation to the surrender as the ICC may request.
80. (1) This section applies if—
(a) a person is surrendered to the ICC under this Act; and
(b) the ICC requests a waiver of the require¬ments of article 10 1(1) of the Statute which relates to the rule of speciality.
(2) If this section applies, the Minister may consent to the person being proceeded against, punished, or detained for conduct committed before surrender, not being the conduct or course of conduct that forms the basis of the crimes for which that person has been surrendered.
(3) The consent given under subsection (2) may relate to the person’s surrender to another State.
(4) Before giving consent under subsection (2), the Attorney General may—
(a) request that additional information be provided in accordance with article 91 of the Statute; and
(b) seek any assurances from the ICC that the Minister thinks fit.
Arrest
Surrender
Arrest for ICC proceedings - national procedures
EDIT.