Extradition (Commonwealth and Foreign Territories)
EXTRADITION (COMMONWEALTH AND
FOREIGN TERRITORIES) ACT
CHAPTER 12:04
LAWS OF TRINIDAD AND TOBAGO
Act
36 of 1985
Amended by
20 of 1993*
27 of 1994
12 of 2004
*See Note on page 2
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–66 ..
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Index of Subsidiary Legislation
Page
Extradition (Commonwealth and Foreign Territories) (Declared Commonwealth
Territories) Order (LN 33/1986) … … … … … 42
Extradition (United States of America) Order (LN 58/2000) … … 43
Extradition (The Kingdom of The Netherlands) Order (LN 96/2003) … 54
Note on Former Extradition Acts
Please note the Long Title to, and sections 23, 24 and 25 of, this Act with respect to former
Extradition Acts.
Note on Act No. 20 of 1993
See section 6 of Act No. 20 of 1993 which makes the taking of hostages an extraditable offence
under the Act.
APPENDIX
Note on section 19A of this Act
See Appendix A and Appendix B for precedents for certification of records with respect to
section 19A (5) (a) and (b).
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CHAPTER 12:04
EXTRADITION (COMMONWEALTH AND
FOREIGN TERRITORIES) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title and application.
PART I
INTERPRETATION
2. Interpretation.
PART II
TERRITORIES TO WHICH ACT APPLIES
3. Declared Commonwealth territories.
4. Declared foreign territories.
PART III
EXTRADITION FROM TRINIDAD AND TOBAGO
5. Persons liable to be returned.
6. Extraditable offences.
7. Further proceedings.
8. General restrictions on return.
8A. Restriction on return: hostage-taking.
9. Request for return.
10. Arrest for purposes of committal.
11. Consent order for return.
12. Proceedings for committal or discharge.
13. Application for habeas corpus.
14. Review by High Court.
15. Appeal to Court of Appeal.
16. Order for return.
17. Discharge in case of delay in returning.
18. Custody.
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19. Definition of documents.
19A. Admissibility of evidence.
19B. Evidence of identity.
20. Regulations.
PART IV
EXTRADITION TO TRINIDAD AND TOBAGO
21. Restriction upon proceedings for other offences.
22. Restoration of persons not tried or acquitted.
PART V
GENERAL PROVISIONS
23. Repeal and amendments.
24. Savings.
25. Transitional provisions.
FIRST SCHEDULE—(Repealed by Act No. 12 of 2004).
SECOND SCHEDULE.
APPENDIX
ARRANGEMENT OF SECTIONS—Continued
SECTION
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Extradition (Commonwealth and
CHAPTER 12:04
EXTRADITION (COMMONWEALTH AND
FOREIGN TERRITORIES) ACT
An Act to repeal and replace the Extradition Act, the French
Guiana Extradition Act, the Venezuela Extradition Act
and the applied United Kingdom Acts entitled the
Fugitive Offenders Act, 1881 and the Extradition Acts,
1870 to 1906.
[31ST JANUARY 1986]
1. (1) This Act may be cited as the Extradition
(Commonwealth and Foreign Territories) Act.
(2) This Act applies to extraditable offences committed
before as well as after the commencement of this Act.
PART I
INTERPRETATION
2. In this Act—
“application for habeas corpus” means an application for a writ
of habeas corpus ad subjiciendum;
“authority to proceed” has the meaning assigned to it by
section 9(1);
“conviction” does not include or refer to a conviction which under
the law of some other territory is a conviction for contumacy,
but the term “person accused” includes a person convicted
of contumacy;
“dealt with” means tried or returned or surrendered to any territory
or detained with a view to trial or with a view to such return
or surrender;
“declared Commonwealth territory” has the meaning assigned to
it by section 3(1);
36 of 1985.
Ch. 12:04.
Ch. 12:05.
Ch. 12:06.
44 and 45 Vict.
c. 69.
33 and 34 Vict.
c. 52.
Commencement.
[26 /1986].
Short title
and application.
[12 of 2004].
Interpretation.
[12 of 2004].
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“declared foreign territory” has the meaning assigned to it by
section 4(1);
“extraditable offence” has the meaning assigned to it by section 6;
“foreign territory” means any State outside Trinidad and Tobago
other than a Commonwealth territory, and includes every
constituent part, colony or dependency of such State;
“fugitive offender” or “offender” means any person being or
suspected of being in Trinidad and Tobago, who is accused
or who is alleged to be unlawfully at large after conviction
of an extraditable offence committed within the jurisdiction
of, or part of, a declared Commonwealth territory or a
declared foreign territory, as the case may be;
“Governor”, in relation to any territory, means the person or
persons administering the government of that territory;
“imprisonment” includes detention of any description;
“provisional warrant” has the meaning assigned to it by
section 10(1);
“race” includes tribe;
“treaty” means any convention, treaty, agreement or arrangement
for the time being in force between Trinidad and Tobago and
any foreign territory for the return or surrender of offenders;
“warrant”, in the case of any foreign territory, includes any judicial
document authorising the arrest of a person accused or
convicted of crime.
PART II
TERRITORIES TO WHICH ACT APPLIES
COMMONWEALTH TERRITORIES
3. (1) The Attorney General may, by Order subject to
negative resolution of Parliament, declare a Commonwealth
territory other than Trinidad and Tobago to be a Commonwealth
territory (hereafter referred to as a declared Commonwealth
territory) in relation to which this Act applies, and where any
Declared
Commonwealth
territories.
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such Order so declares, this Act applies in relation to that territory;
and any such Order may provide that this Act applies in relation
to that territory subject to such exceptions, adaptations,
modifications or other provisions as may be specified in the Order
and, where any such Order so provides, this Act applies in relation
to that territory subject to such exceptions, adaptations,
modifications or other provisions.
(2) For the purposes of any Order made under
subsection (1), any territory for the external relations of which
a Commonwealth country is responsible may be treated as part
of that country or, if the Government of that country so requests,
as a separate country.
FOREIGN TERRITORIES
4. (1) Where a treaty has been concluded, whether before
or after the commencement of this Act, between Trinidad and
Tobago and any foreign territory in relation to the return of fugitive
offenders, the Attorney General may, by Order subject to negative
resolution of Parliament, declare that territory to be a foreign
territory (hereafter referred to as a declared foreign territory) in
relation to which this Act applies, and where any such Order so
declares, this Act applies in relation to that territory; and any such
Order may provide that this Act applies in relation to that territory
subject to such exceptions, adaptations, modifications or other
provisions as may be specified in the Order and, where any such
Order so provides, this Act applies in relation to that territory subject
to such exceptions, adaptations, modifications or other provisions.
(2) An Order shall not be made under subsection (1)
unless the treaty—
(a) is in conformity with the provisions of this Act,
and in particular with the restrictions on the return
of fugitive offenders contained in this Act; and
(b) provides for the determination of the treaty by
either party to it after the expiration of a notice
not exceeding one year.
Declared
foreign
territories.
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(3) Any Order made under subsection (1) shall recite or
embody the terms of the treaty and shall not remain in force for
any longer period than the treaty; and the Order shall be conclusive
evidence that the treaty complies with the requisitions of this Act
and that this Act applies in relation to the foreign territory mentioned
in the Order, and the validity of the Order shall not be questioned
in any legal proceedings whatever.
PART III
EXTRADITION FROM TRINIDAD AND TOBAGO
5. (1) A person found in Trinidad and Tobago—
(a) who is accused of an extraditable offence; or
(b) who is alleged to be unlawfully at large after
conviction of an extraditable offence,
in a declared Commonwealth territory, or in a declared foreign
territory, may, subject to and in accordance with the provisions of
this Act, be arrested and returned to the declared Commonwealth
territory or the declared foreign territory, as the case may be.
(2) For greater certainty, a person may be returned under
this Act whether or not the conduct on which the declared
Commonwealth or foreign territory bases its request occurred in
territory over which it has jurisdiction.
6. (1) For the purpose of this Act, an offence in respect of
which a person is accused or has been convicted in a declared
Commonwealth territory, or a declared foreign territory, is an
extraditable offence if—
(a) it is an offence against the law of that territory
which is punishable under the law with death
or imprisonment for a term of not less than
twelve months;
(b) the conduct of the person would constitute an
offence against the law of Trinidad and Tobago if
it took place in Trinidad and Tobago, or in the
Persons liable
to be returned.
[12 of 2004].
Extraditable
offences.
[12 of 2004].
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case of an extra-territorial offence, if it took place
in corresponding circumstances outside Trinidad
and Tobago, and would be punishable under the
law of Trinidad and Tobago with death or
imprisonment for a term of not less than twelve
months; and
(c) in the case of a declared foreign territory,
extradition for that offence is provided for by a
treaty between Trinidad and Tobago and
that territory.
(2) For the purpose of this section, in determining whether
an offence against the law of a declared Commonwealth territory,
or a declared foreign territory, is an offence against the law of
Trinidad and Tobago, any special intent, state of mind or special
circumstances of aggravation which may be necessary to
constitute that offence under the law of Trinidad and Tobago
shall be disregarded.
(3) For greater certainty, it is not relevant whether the
conduct referred to in subsection (1) is named, defined or
characterised by the declared Commonwealth territory, or the
declared foreign territory, in the same way as it is in Trinidad
and Tobago.
(4) An offence constituted by conduct, whether in
Trinidad and Tobago or not, that is of a kind over which
Contracting States to an international Convention to which Trinidad
and Tobago is a party are required by that Convention to establish
jurisdiction, and which jurisdiction Trinidad and Tobago has so
established, is an extraditable offence for the purpose of this Act.
7. For greater certainty, the discharge of a person under this
Act does not preclude further proceedings, whether or not they are
based on the same conduct, with a view to the return of the person
under this Act unless the High Court is of the opinion that those
further proceedings would be an abuse of process.
Further
proceedings.
[12 of 2004].
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8. (1) A person shall not be returned under this Act, other
than under section 11, to a declared Commonwealth territory or a
declared foreign territory, or committed to or kept in custody for
the purposes of the return, if it appears to the Attorney General, to
the Magistrate on proceedings under section 12, to the High Court
on an application for habeas corpus or under section 14 for review
of an order, or to the Court of Appeal on the hearing of an appeal
under section 15—
(a) that the offence in respect of which that person is
accused or was convicted is an offence of a
political character;
(b) that the request for his return (though purporting
to be made on account of an extraditable offence)
is in fact made for the purpose of prosecuting or,
punishing him on account of his race, religion,
gender, sexual preference, nationality or political
opinions; or
(c) that he might, if returned, be prejudiced at his
trial or punished, detained or restricted in his
personal liberty by reason of his race, religion,
gender, sexual preference, nationality or
political opinions.
(2) A person accused of an offence shall not be returned
under this Act, other than under section 11, to a declared
Commonwealth or foreign territory, or committed to or kept in
custody for the purposes of the return, if it appears as aforesaid
that if charged with that offence in Trinidad and Tobago he would
be entitled to be discharged under any rule of law relating to
previous acquittal or conviction.
(3) A person shall not be returned under this Act to a
declared Commonwealth or foreign territory, or committed to or
kept in custody for the purposes of the return, unless provision is
made by the law of that territory, or by an arrangement made
with that territory, that he will not, until he has left or has been
free to leave that territory, be dealt with in that territory for or in
General
restrictions on
return.
[27 of 1994
12 of 2004].
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respect of any offence committed before his return under this
Act other than—
(a) the offence in respect of which he is returned;
(b) any lesser offence proved by the facts proved
before the Magistrate on proceedings under
section 12; or
(c) any other offence being an extraditable offence
in respect of which the Attorney General may
consent to his being so dealt with.
(4) The Attorney General shall not give his consent under
subsection (3)(c) if he has reasonable grounds for believing that
the offence to which the request for consent relates could have
been charged prior to return if due diligence had been exercised.
(5) Any such arrangement as is mentioned in
subsection (3) may be an arrangement made for the particular
case or an arrangement of a more general nature; and for the
purposes of that subsection a certificate issued by or under
the authority of the Attorney General confirming the existence
of an arrangement with any territory and stating its terms is
conclusive evidence of the matters contained in the certificate.
(6) A person’s return, under this Act, to a declared
Commonwealth or foreign territory shall not be debarred by
reason only of the fact that the person will be sent from that territory
to another territory for or in respect of any offence committed
before his return under this Act.
(7) The reference in this section to an offence of a
political character does not include—
(a) an offence against the life or person of a Head
of State, Head of Government, or Minister of
Government, or of his spouse, or of any
dependant relative of his;
(b) an act declared, under any multilateral
international convention having the force of law
in Trinidad and Tobago, to constitute an offence
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for which a person may be returned under this
Act to a declared Commonwealth or foreign
territory, notwithstanding the political character
or motivation of such act.
(8) For the purposes of this Act, an offence against a
declared Commonwealth or foreign territory may be regarded as
being an offence of a political character notwithstanding that there
are not competing political parties in that territory.
8A. (1) A person accused of an offence under the Taking of
Hostages Act shall not be returned under this Act to a declared
Commonwealth territory or a declared foreign territory, which is
party to the Convention, or committed to or kept in custody for the
purposes of the return, if it appears to the Attorney General, to the
Magistrate on proceedings under section 12, or to the High Court
on an application for habeas corpus or under section 14 for review
of an order, or to the Court of Appeal on the hearing of an appeal
under section 15—
(a) that that person might, if returned, be prejudiced
at his trial by reason of the impossibility of effecting
communications between him and the appropriate
authorities of the State entitled to exercise rights
of protection in relation to him; and
(b) that the facts constituting the offence of which
he has been acquitted or convicted also constitute
an offence under section 3 of the Taking of
Hostages Act.
(2) Where the Minister certifies that a territory is a party
to the Convention the certificate shall, in any proceedings under
this Act, be conclusive evidence of that fact.
(3) In this section “the Convention” means the Convention
referred to in section 2 of the Taking of Hostages Act.
9. (1) Subject to the provisions of this Act relating to
provisional warrants, a person shall not be dealt with thereunder
except in pursuance of an order of the Attorney General (hereafter
Restriction
on return:
hostage-taking.
[20 of 1993].
Request for
return.
[12 of 2004].
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referred to as an authority to proceed), issued in pursuance of a
request made to the Attorney General by or on behalf of the
Government of the declared Commonwealth territory, or the
declared foreign territory, in which the person to be returned is
accused or was convicted.
(2) There shall be furnished with any request made for
the purposes of this section on behalf of any territory a record of
the case which shall include—
(a) in the case of a person accused of an extraditable
offence, a warrant for his arrest issued in that
territory and a document summarising the
evidence available to that territory for use in the
prosecution of the person;
(b) in the case of a person unlawfully at large after
conviction of an extraditable offence, a certificate
of the conviction and sentence in that territory,
and a statement of the amount, if any, of that
sentence which has been served;
together in each case with—
(c) particulars of the person whose return
is requested;
(d) particulars of the facts upon which and the law
under which he is accused or was convicted;
(e) evidence that provision is made by the law of that
territory for the specialty rule provided for by
section 8(3), where the specialty rule is not made
by an arrangement with that territory; and
(f) evidence sufficient to justify the issue of a warrant
for his arrest under section 10.
(3) On receipt of a request made for the purposes of this
section on behalf of any territory, the Attorney General may, in the
form set out in Form 1 in the Second Schedule, issue an authority
to proceed signifying to a Magistrate that a request has been made
and requiring him to proceed with the case in accordance with the
provisions of this Act.
Form 1.
Second
Schedule.
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(4) The Attorney General may receive supplementary
evidence to the record of the case and re-issue an authority to
proceed to replace one issued under subsection (3) or this subsection
at any time before proceedings under section 12 begin, and all
previous documents issued and orders made by the Magistrate
apply in respect of a re-issued authority to proceed, unless the
Magistrate, on application of the person or the Attorney General,
orders otherwise.
(5) Where the Attorney General re-issues an authority to
proceed under subsection (4) and the person applies for another
date to be set for the beginning of proceedings under section 12, in
order to give the person an opportunity to examine the re-issued
authority to proceed, the Magistrate may set another date for
the hearing.
(6) The Attorney General may amend the authority to
proceed after the hearing has begun in accordance with the evidence
that is produced during the hearing.
(7) The Attorney General may not issue an authority to
proceed or may withdraw one already issued if it appears to him
that an order for the return of the person concerned could not
lawfully be made, or would not in fact be made, in accordance
with the provisions of this Act.
(8) Where the Attorney General withdraws an authority
to proceed after proceedings under section 12 have begun, the
Magistrate shall discharge the person and set aside any order made
with respect to the remand of the person in custody or on bail.
10. (1) A warrant for the arrest of a person accused of an
extraditable offence, or alleged to be unlawfully at large after
conviction of an extraditable offence, may be issued by
a Magistrate—
(a) in the form set out in Form 2 in the Second
Schedule, on the receipt of an authority to
proceed; or
Arrest for
purposes of
committal.
Form 2.
Second
Schedule.
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(b) in the form set out in Form 3 in the Second
Schedule, without an authority to proceed, upon
information that the said person is or is believed
to be in or on his way to Trinidad and Tobago,
and any warrant issued by virtue of paragraph (b) is in this Act
referred to as a provisional warrant.
(2) A warrant of arrest under this section may be issued
upon such evidence as would, in the opinion of the Magistrate,
justify the issue of a warrant for the arrest of a person accused of
committing a corresponding offence or, as the case may be, of a
person alleged to be unlawfully at large after conviction of an
offence, if the offence had been committed or the offender convicted
in Trinidad and Tobago; and for the purposes of the issue of a
provisional warrant, there may be received in evidence any
document which purports to bear the seal of the International
Criminal Police Organisation (generally referred to as Interpol)
and was issued to the Commissioner of Police for the purpose of
requesting the assistance of the Commissioner in the ascertainment
of the location of a person accused of an extraditable offence, or
alleged to be unlawfully at large after conviction of an extraditable
offence, in a declared Commonwealth or foreign territory.
(3) Where a provisional warrant is issued, the Magistrate
by whom it is issued shall forthwith give notice to the Attorney
General, and transmit to him the information and evidence, or
certified copies of the information and evidence, upon which it
was issued; and the Attorney General shall, if he decides not to
issue an authority to proceed in respect of the person to whom the
warrant relates, or may in any other case, by order cancel the
warrant and, if that person has been arrested thereunder, discharge
him from custody.
(4) A warrant of arrest issued under this section may be
executed in any part of Trinidad and Tobago and may be so executed
by any person to whom it is directed or by any constable.
(5) Where a warrant is issued under this section for the
arrest of a person accused of an offence of stealing or receiving
Form 3.
Second
Schedule.
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stolen property or any other offence in respect of property, a
Magistrate in any part of Trinidad and Tobago shall have the like
power to issue a warrant to search for the property as if the offence
had been committed within the jurisdiction of the Magistrate.
11. (1) Where the return of any person is requested under this
Part by a declared Commonwealth territory or a declared foreign
territory and such person is arrested in pursuance of a warrant under
section 10, such person may request the Attorney General to order
his return without any proceedings before a Magistrate under
section 12.
(2) Where the Attorney General consents to the request
made by such person under subsection (1) and is satisfied that
such person understands the consequences of the request, the
Attorney General shall, without any proceedings before a
Magistrate under section 12, in the form set out in Form 4 in the
Second Schedule order such person to be committed to custody,
there to be kept for the purposes of the return unless admitted
to bail; and at any time thereafter the Attorney General shall, with
the consent of such person, by warrant in the form set out in
Form 5 in the Second Schedule, order him to be returned to the
territory by which the request for his return was made.
(3) Where a person whose return has been ordered under
subsection (2) withdraws his consent to the order before his
departure from Trinidad and Tobago, he shall be brought as soon
as practicable before a Magistrate for the purposes of proceedings
under section 12, and thereupon shall be dealt with as if the Attorney
General had not made the order.
(4) The provisions of sections 8(3), (4), (5) and (6) apply
to the return of any person under this section unless the contrary is
expressly requested by that person.
12. (1) A person arrested in pursuance of a warrant issued under
section 10 and in respect of whom no order under section 11(2) has
been made shall [unless previously discharged under section 10(3)],
be brought as soon as practicable before a Magistrate.
Consent order
for return.
Form 4.
Second
Schedule.
Form 5.
Second
Schedule.
Proceedings for
committal or
discharge.
[12 of 2004].
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(2) For the purposes of proceedings under this section
a Magistrate shall have the like jurisdiction and powers, as
nearly as may be, including power to adjourn the case and
meanwhile to remand the person arrested under the warrant either
in custody or on bail, as when the Magistrate is acting at a
preliminary enquiry.
(3) Where any person is arrested and in custody by virtue
of a provisional warrant but no authority to proceed has been
received in respect of him, the Magistrate may fix a reasonable
period (of which the Magistrate shall give notice to the Attorney
General) after which the person will be discharged from custody
unless the authority to proceed has been received.
(4) Where an authority to proceed has been issued in
respect of the person arrested and the Magistrate is satisfied, after
hearing any evidence tendered in support of the request for the
return of that person or on behalf of that person, that the offence to
which the authority to proceed relates is an extraditable offence
and is further satisfied—
(a) where the person is accused of the offence, that—
(i) there is evidence admissible under this Act
of conduct that, had it occurred in Trinidad
and Tobago, would justify committal for
trial in Trinidad and Tobago for the offence
set out in the authority to proceed; and
(ii) the person is the person sought by the
declared Commonwealth or foreign
territory; or
(b) where the person is alleged to be unlawfully at
large after conviction of the offence, that—
(i) the conviction was in respect of conduct
that corresponds to the offence set out in
the authority to proceed;
(ii) the person is the person who was
convicted; and
(iii) the person appears to be unlawfully at large,
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the Magistrate shall, unless his committal is prohibited by any other
provision of this Act, commit him to custody by warrant in the
form set out in Form 6 in the Second Schedule to await the warrant
of the Attorney General for his return; but if the Magistrate is not
so satisfied or if the committal of that person is so prohibited, the
Magistrate shall discharge him from custody.
13. (1) The Magistrate shall, on committing any person to
custody under section 12, inform that person in ordinary language
of his right to make an application to the High Court for habeas
corpus and shall forthwith give notice of the committal to the
Attorney General.
(2) A person committed to custody under section 12 shall
not be returned under this Act—
(a) until the expiration of the period of fifteen days
beginning with the day on which the order for his
committal is made, unless he waives, in writing,
the entire period or any part thereof;
(b) if an application for habeas corpus is made in his
case, so long as proceedings on that application
are pending.
(3) On any such application made under this section the
High Court may, without prejudice to any other jurisdiction of the
High Court, order the person committed to be discharged from
custody if it appears to the High Court that by reason of—
(a) in the case of a declared Commonwealth territory,
the trivial nature of the extraditable offence of
which he is accused or was convicted; and
(b) in the case of a declared Commonwealth or
foreign territory—
(i) the passage of time since he is alleged to
have committed the extraditable offence or
to have become unlawfully at large, as the
case may be;
Form 6.
Second
Schedule.
Application for
habeas corpus.
[12 of 2004].
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UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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(ii) the accusation against him not having been
made in good faith in the interests of
justice; or
(iii) any other sufficient cause,
it would, having regard to all the circumstances, be unjust or
oppressive to return the person.
(4) On any such application the High Court may receive
additional evidence relevant to the exercise of its jurisdiction under
section 8 or under subsection (3).
(5) For the purposes of this section, proceedings on an
application for habeas corpus shall be treated as pending until any
appeal in those proceedings is disposed of; and an appeal shall be
treated as disposed of at the expiration of the time within which
the appeal may be brought or, where leave to appeal is required,
within which the application for leave may be made, if the appeal
is not brought or the application made within that time.
14. (1) Where a person whose return is requested by a
declared Commonwealth territory or a declared foreign territory
is ordered by the Magistrate to be discharged from custody under
section 12, the Government which requested the return of that
person may, within four days of the making of the order by the
Magistrate, apply to the High Court for review of the order of
discharge on any question of law and on such application the High
Court may so review the order.
(2) Where such Government desires to make such
application, the Government shall, at the time of the making of
the order of discharge by the Magistrate, give to the Magistrate
notice of its intention to apply to the High Court for review of
the order, and such notice shall operate as a stay of the order of
the Magistrate—
(a) until the expiration of the period of four days,
beginning with the day on which the order of
discharge was made;
Review by
High Court.
[12 of 2004].
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LAWS OF TRINIDAD AND TOBAGO
20 Chap. 12:04 Foreign Territories)
Extradition (Commonwealth and
(b) if an application for review of the order of
discharge has been made, until the determination
of the application by the High Court.
(3) Where such Government gives notice of its intention
to apply for review of the order of the Magistrate, the Magistrate
shall immediately grant to the person in respect of whom the order
of discharge was made, bail pending the determination by the High
Court of the application; and the recognisance of bail shall be taken
before the Magistrate in accordance with subsections (5) and (6).
(4) Upon application for review of the order of the
Magistrate being made by such Government, the Registrar of the
Supreme Court shall immediately apply to the Magistrate for a
statement of the evidence tendered before the Magistrate on which
the Magistrate came to his decision and of his reasons for his
decision and his finding on any question of law under review; and
the Magistrate shall with all convenient dispatch transmit the same
to the Registrar.
(5) Where an application for review of the order of the
Magistrate has been made by such Government, the person to whom
bail has been granted under subsection (3) shall immediately enter
into a recognisance with one surety in such sum as the Magistrate
thinks sufficient acknowledged before the Magistrate and
conditioned that such person appear before the High Court and do
not depart therefrom without leave and abide by the order of the
High Court.
(6) A recognisance referred to in subsection (5) shall be
in the form set out in Form 7 in the Second Schedule, but the
Magistrate may consent to a deposit of money into Court from or
on account of any person in lieu of such surety and in such case,
upon the deposit of the sum required by the Magistrate, such person
shall enter into a recognisance in the form set out in Form 8 in the
Second Schedule.
(7) An application for judicial review or habeas corpus
under this section shall be listed for hearing by the High Court at
an early date whether that date is in or out of the sessions of
that Court.
Form 7.
Second
Schedule.
Form 8.
Second
Schedule.
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15. (1) Where the order of the Magistrate has been reviewed
by the High Court in accordance with section 14, the Government
which applied for the review or the person in respect of whom the
order of discharge was made, may, if dissatisfied with the decision
of the High Court on review, within four days of the pronouncing
of the decision, appeal to the Court of Appeal on any question of
law; and on such appeal, the Court of Appeal has the power to
confirm or reverse the decision of the High Court and there shall
be no appeal from the decision of the Court of Appeal.
(2) Where such Government or such person desires to
appeal under subsection (1), the Government or the person, as the
case may be, shall, at the time of the pronouncing of the decision
by the High Court, give to the High Court notice of its, or his,
intention to appeal to the Court of Appeal, and such notice shall
operate as a stay of the decision of the High Court—
(a) until the expiration of the period of four days,
beginning with the day on which the decision
was pronounced;
(b) if an appeal has been filed in the Supreme Court,
until the determination of the appeal by the Court
of Appeal.
(3) Where such Government which applied for review of
the order of discharge made by the Magistrate, or such person in respect
of whom the order of discharge was made, gives notice of its, or his,
intention to appeal to the Court of Appeal, the High Court shall
immediately grant to such person, bail pending the determination of
the appeal; and the recognisance of bail shall be taken before any
Magistrate in accordance with subsections (5) and (6).
(4) Upon an appeal to the Court of Appeal being filed in
the Supreme Court, the High Court shall with all convenient
dispatch transmit to the Court of Appeal—
(a) all documents transmitted by the Magistrate in
accordance with section 14(4); and
(b) a statement of the reasons for the decision of the
High Court and the finding of the High Court on
any question of law under appeal.
Appeal to Court
of Appeal.
[12 of 2004].
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LAWS OF TRINIDAD AND TOBAGO
22 Chap. 12:04 Foreign Territories)
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(5) Upon an appeal to the Court of Appeal being filed in
the Supreme Court, the person to whom bail has been granted under
subsection (3) shall immediately enter into a recognisance with one
surety in such sum as the Magistrate thinks sufficient acknowledged
before the Magistrate and conditioned that such person appear before
the Court of Appeal and do not depart therefrom without leave and
abide by the order of the Court of Appeal.
(6) A recognisance referred to in subsection (5) shall be
in the form set out in Form 9 in the Second Schedule, but the
Magistrate may consent to a deposit of money into Court from or
on account of any person in lieu of such surety and in such case,
upon the deposit of the sum required by the Magistrate, such person
shall enter into a recognisance in the form set out in Form 10 in
the Second Schedule.
(7) An appeal under this section shall be listed for hearing
by the Court of Appeal at an early date whether that date is in or
out of the sessions of that Court.
16. (1) Where a person is committed to await his return and
is not discharged by order of the High Court or of the Court of
Appeal, the Attorney General may by warrant in the form set out
in Form 11 in the Second Schedule order him to be returned to the
territory by which the request for his return was made unless the
return of that person is prohibited, or prohibited for the time being,
by section 8 or by this section, or the Attorney General decides
under this section to make no such order in his case.
(2) Where the Attorney General makes an order under
this section in the case of a person who is serving a sentence of
imprisonment, or is charged with an offence, in Trinidad and
Tobago, the order shall be subject to such conditions for the return
of the person to Trinidad and Tobago as the Attorney General
shall stipulate.
(3) The Attorney General shall not make an order under
this section in the case of a person if it appears to the Attorney
General, on the grounds mentioned in section 13(3), that it would
be unjust or oppressive to return that person.
Form 9.
Second
Schedule.
Form 10.
Second
Schedule.
Order for return.
[12 of 2004].
Form 11.
Second
Schedule.
UNOFFICIAL VERSION
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(4) The Attorney General may decide to make no order
under this section in the case of a person accused or convicted of
an extraditable offence not punishable with death in Trinidad and
Tobago if that person could be or has been sentenced to death for
that offence in the territory by which the request for his return is
made unless that territory gives to the Attorney General an
undertaking that the sentence of death will not be carried into effect.
(5) The Attorney General may decide to make no order
under this section for the return of a person committed in
consequence of a request made on behalf of any territory if another
request for his return under this Act has been made on behalf of
another territory and it appears to the Attorney General, having
regard to all the circumstances of the case and in particular—
(a) the relative seriousness of the offences in question;
(b) the date on which each such request was made; and
(c) the nationality or citizenship of the person
concerned and his ordinary residence,
that preference should be given to the other request.
(6) Notice of the issue of a warrant under this section shall
forthwith be given to the person to be returned thereunder.
17. (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
Discharge in
case of delay
in returning.
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LAWS OF TRINIDAD AND TOBAGO
24 Chap. 12:04 Foreign Territories)
Extradition (Commonwealth and
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.
18. (1) Any person remanded or committed to custody under
section 12 shall be committed to the like institution as a person
charged with an offence before a Magistrate.
(2) If any person who is in custody by virtue of a warrant
under this Act escapes out of custody, he may be retaken in any
part of Trinidad and Tobago in like manner as a person escaping
from custody under a warrant for his arrest issued in that part in
respect of an offence committed therein.
(3) Where a person, being in custody in any part of
Trinidad and Tobago whether under this Act or otherwise, is
required to be removed in custody under this Act to another part of
Trinidad and Tobago and is so removed by sea or by air, he shall
be deemed to continue in legal custody until he reaches the place
to which he is required to be removed.
(4) A warrant under section 16 for the return of any person
to any territory shall be sufficient authority for all persons to whom
it is directed and all constables to receive that person, keep him in
custody and convey him into the jurisdiction of that territory.
19. For the purposes of sections 19A and 19B, “document”
means data recorded in any form, and includes photographs and
copies of documents.
*19A. (1) Subject to subsection (2), evidence that would
otherwise be admissible under the laws of Trinidad and Tobago
shall be admitted as evidence at an extradition hearing.
(2) The following evidence is admissible in proceedings
under this Act, even if the evidence would not otherwise be
admissible under the laws of Trinidad and Tobago:
(a) the contents of the documents contained in the
record of the case or in supplementary evidence,
certified under subsection (5);
Custody.
Definition of
documents.
[12 of 2004].
Admissibility of
evidence.
[12 of 2004].
*See Note on page 2.
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UPDATED TO DECEMBER 31ST 2014
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Extradition (Commonwealth and
(b) the contents of the documents that are submitted
in conformity with the terms of a treaty with a
declared foreign territory; and
(c) evidence adduced by the person whose return
is sought that is relevant to the tests set out in
section 12(4) if the Magistrate considers
it reliable.
(3) A document purporting to have been signed by a
judicial, prosecuting or penal authority, or other officer
administering a Government Department, of the declared
Commonwealth or foreign territory shall be admitted without proof
of the signature or official character of the person appearing to
have signed it.
(4) A translation of a document into English shall be
admitted into evidence only where it is certified by a judicial,
prosecuting or penal authority, or other officer administering a
Government Department, of the declared Commonwealth or
foreign territory and purports to be an accurate translation of the
original document.
(5) A record of the case or supplementary evidence shall
not be admitted unless—
(a) in the case of a person who is accused of an
extraditable offence, a judicial or prosecuting
authority of the declared Commonwealth or
foreign territory certifies that the evidence
summarised or contained in the record of the case
or in the supplementary evidence is in a form that
would be admissible at the trial; and
(i) was gathered according to the law of that
territory; or
(ii) is sufficient under the law of that territory
to justify prosecution; or
(b) in the case of a person who is alleged to be
unlawfully at large after conviction of an
extraditable offence, a judicial, prosecuting or
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
26 Chap. 12:04 Foreign Territories)
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penal authority of the declared Commonwealth
or foreign territory certifies that the documents
in the record of the case or in the supplementary
evidence are accurate; and
(c) each document contained in the record of the case
or in supplementary evidence bears the signature
of the certifying official.
19B. The following means of indentification constitute evidence
that the person before the Court is the person referred to in the
warrant or the document that records the conviction or any other
document that is presented to support the request for the return of
the person:
(a) the fact that the name of the person before the
Court is similar to the name that is in the document
submitted by the declared Commonwealth or
foreign territory; and
(b) the fact that the physical characteristics of the
person before the Court are similar to those
evidenced in a photograph, fingerprint or other
description of the person.
20. The Attorney General may by Regulations amend the
form of any warrant, order or recognisance specified in the
Second Schedule.
PART IV
EXTRADITION TO TRINIDAD AND TOBAGO
21. (1) This section applies to any person accused or
convicted of an offence under the law of Trinidad and Tobago who
is returned to Trinidad and Tobago—
(a) from any declared Commonwealth territory, under
any law of that territory corresponding with
this Act;
(b) from any declared foreign territory, pursuant to
any treaty with that territory.
Evidence of
identity.
[12 of 2004].
Regulations.
Second
Schedule.
Restriction upon
proceedings for
other offences.
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(2) A person to whom this section applies shall not, during
the period described in subsection (3), be dealt with in Trinidad
and Tobago for or in respect of any offence committed before he
was returned to Trinidad and Tobago other than—
(a) the offence in respect of which he was returned;
(b) any lesser offence proved by the facts proved for
the purposes of securing his return; or
(c) any other offence in respect of which the
Government or Governor of the territory from
which he was returned may consent to his being
dealt with.
(3) The period referred to in subsection (2) in relation to
a person to whom this section applies is the period beginning with
the day of his arrival in Trinidad and Tobago on his return as
mentioned in subsection (1) and ending forty-five days after the
first subsequent day on which he has the opportunity to leave
Trinidad and Tobago.
(4) A person to whom this section applies shall not be
sent from Trinidad and Tobago to another territory for the purposes
of being dealt with in that other territory for or in respect of any
offence committed before he was returned to Trinidad and Tobago
unless the Government or Governor of the territory from which he
was returned consents to his being so sent.
22. (1) This section applies to any person accused of an
offence under the law of Trinidad and Tobago who is returned to
Trinidad and Tobago as mentioned in section 21(1).
(2) If in the case of a person to whom this section
applies, either—
(a) proceedings against him for the offence for
which he was returned are not begun within the
period of six months beginning with the day of
his arrival in Trinidad and Tobago on being
returned; or
(b) on his trial for that offence, he is acquitted,
Restoration of
persons not tried
or acquitted.
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LAWS OF TRINIDAD AND TOBAGO
28 Chap. 12:04 Foreign Territories)
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the Attorney General may, if he thinks fit, on the request of
that person, arrange for him to be sent back free of charge and
with as little delay as possible to the territory from which he
was returned.
PART V
GENERAL PROVISIONS
*23. (1) Subject to section 24, the Extradition Act, the
French Guiana Extradition Act and the Venezuela Extradition
Act are repealed and the applied United Kingdom Acts entitled
the Fugitive Offenders Act, 1881 and the Extradition Acts,
1870 to 1906, shall cease to have effect as part of the law of
Trinidad and Tobago.
(2)
to
(5)
24. (1) The applied United Kingdom Act entitled the
Fugitive Offenders Act, 1881 and any Orders in Council made
under it having effect as part of the law of Trinidad and Tobago
immediately before the commencement of this Act shall continue
to have such effect in relation to any Commonwealth territory
until an Order is made under section 3 applying this Act to that
Commonwealth territory.
(2) Every Order in Council made under the applied United
Kingdom Acts entitled the Extradition Acts, 1870 to 1906,with
respect to any foreign territory and having effect as part of the law
of Trinidad and Tobago immediately before the commencement
of this Act shall continue to have such effect in relation to that
foreign territory, and the Extradition Act and the said applied United
Kingdom Acts shall continue in force in so far as is necessary to
give effect to any such Order in Council, until an Order is made
under section 4 applying this Act to that foreign territory.
*See sections 24 and 25.
Repeal and
amendments.
Ch. 12:04.
Ch. 12:05.
Ch. 12:06.
44 and 45 Vict.
c. 69.
33 and 34 Vict.
c. 52.
Savings.
44 and 45 Vict.
c. 69
33 and 34 Vict.
c. 52.
Ch. 12:04.
33 and 34 Vict.
c. 52.
(Subsections (2) to (5) have been omitted since they
apply to amendments to other Acts which have
been included therein).}
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(3) The French Guiana Extradition Act and the Venezuela
Extradition Act shall respectively continue in force until an Order
is made under section 4 applying this Act to French Guiana or, as
the case may be, to Venezuela.
25. (1) Notwithstanding section 23, where before the
application of this Act in relation to a territory any proceedings
have been commenced or any requisition has been made for the
return of a fugitive or the surrender of a fugitive criminal to such
territory under any of the Acts mentioned in that section, then upon
the application of this Act any detention of the fugitive or fugitive
criminal lawfully arising out of those proceedings shall be deemed
to have been lawfully procured under and for the purposes of this
Act, and such further proceedings as may be necessary for the
return of the fugitive or fugitive criminal may be taken under and
in accordance with the provisions of this Act.
(2) Without prejudice to subsection (1), this Act applies
to offences committed before as well as after the commencement
of this Act.
Ch. 12:05.
Ch. 12:.06.
Transitional
provisions.
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FIRST SCHEDULE
(Repealed by Act No. 12 of 2004)
SECOND SCHEDULE
FORMS FOR USE IN PROCEEDINGS RELATING TO
EXTRADITABLE OFFENCES
FORM 1 —— AUTHORITY TO PROCEED
FORM 2 —— WARRANT OF ARREST
FORM 3 —— PROVISIONAL WARRANT OF ARREST
FORM 4 —— WARRANT OF COMMITTAL
(BY CONSENT)
FORM 5 —— WARRANT FOR RETURN
(BY CONSENT) TO REQUESTING
TERRITORY
FORM 6 —— WARRANT OF COMMITTAL
FORM 7 —— RECOGNISANCE ON REVIEW
(WITH SURETY)
FORM 8 —— RECOGNISANCE ON REVIEW
(WITHOUT SURETY)
FORM 9 —— RECOGNISANCE ON APPEAL
(WITH SURETY)
FORM 10 —— RECOGNISANCE ON APPEAL
(WITHOUT SURETY)
FORM 11 —— WARRANT FOR RETURN TO
REQUESTING TERRITORY
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FORM 1
AUTHORITY TO PROCEED
REPUBLIC OF TRINIDAD AND TOBAGO
To His Worship Mr.
A request having been made to the Attorney General by or on behalf of
.............................................................................................................................
for the return to that territory of A.B. who is accused [or alleged to be unlawfully
at large after conviction] of the offence of ........................................................ :
The Attorney General hereby requires you to proceed with the case in
accordance with the provisions of the Extradition (Commonwealth and Foreign
Territories) Act, (Ch. 12:04).
Dated the ...................... day of ................................, 20............ .
(Signed)
..............................................
Section 9(3).
Attorney General
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32 Chap. 12:04 Foreign Territories)
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FORM 2
WARRANT OF ARREST
REPUBLIC OF TRINIDAD AND TOBAGO
County of
To
The Attorney General having required me, the undersigned Magistrate for
the ....................................................................... District, to proceed in accordance
with the provisions of the Extradition (Commonwealth and Foreign Territories)
Act, (Ch. 12:04) in respect of A.B. (hereafter referred to as the defendant) who
is accused [or who is alleged to be unlawfully at large after conviction] of the
offence of ......................................................... against the law of
.............................................................................. :
AND there being evidence that the offence is an extraditable offence as
defined in section 2 of that Act:
AND there being in my opinion such evidence as would justify the issue of
a warrant for the arrest of a person accused of committing a corresponding
offence [or alleged to be unlawfully at large after conviction of an offence] in
the ........................................................ District:
YOU ARE HEREBY commanded to arrest the defendant forthwith and to
bring him before me or some other Magistrate to be dealt with in accordance
with the provisions of that Act.
Dated the ...................... day of ................................, 20............ .
(Signed)
..............................................
Section 10(1)(a).
Magistrate
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FORM 3
PROVISIONAL WARRANT OF ARREST
REPUBLIC OF TRINIDAD AND TOBAGO
County of
To
THERE being evidence that A.B. (hereafter referred to as the defendant) is
accused [or is alleged to be unlawfully at large after conviction] of the offence
of ........................................................................ against the law of
........................................................................, and that the offence is an
extraditable offence as defined in section 2 of the Extradition (Commonwealth
and Foreign Territories) Act, (Ch. 12:04).
AND there being in my opinion such evidence as would justify the issue of
a warrant for the arrest of a person accused of committing a corresponding
offence [or alleged to be unlawfully at large after conviction of an offence] in
the ............................................................. District:
AND there being information that the defendant is or is believed to be in or
on his way to Trinidad and Tobago:
YOU ARE HEREBY commanded to arrest the defendant and to bring him
before me or some other Magistrate to be dealt with in accordance with the
provisions of that Act.
Dated the ...................... day of ................................, 20............ .
(Signed)
..............................................
Section 10(1)(b).
Magistrate
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LAWS OF TRINIDAD AND TOBAGO
34 Chap. 12:04 Foreign Territories)
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FORM 4
WARRANT OF COMMITTAL ( BY CONSENT)
REPUBLIC OF TRINIDAD AND TOBAGO
To all Constables and to the Keeper of [Jail] Prison.
A.B. having been arrested pursuant to a warrant issued under section 10 of
the Extradition (Commonwealth and Foreign Territories) Act, (Ch. 12:04) and
having requested the Attorney General to order his return without any
proceedings before a Magistrate under section 12 of that Act:
AND the Attorney General having consented to that request of A.B.:
THIS IS to command you, the said Constables, to convey A.B. to the said
[Jail] Prison and there deliver him to the Keeper thereof, together with this
warrant; and I DO HEREBY command you, the Keeper of the said [Jail] Prison,
to receive him into your custody and keep him until he is thence delivered in
accordance with the provisions of that Act.
Dated the ...................... day of ................................, 20 ........... .
(Signed)
..............................................
Section 11(2).
Attorney General
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Foreign Territories) Chap. 12:04 35
Extradition (Commonwealth and
FORM 5
WARRANT FOR RETURN (BY CONSENT) TO
REQUESTING TERRITORY
REPUBLIC OF TRINIDAD AND TOBAGO
To the Keeper of [Jail] Prison and to all Constables.
WHEREAS a request has been made to the Attorney General by or on behalf
of .................................. for the return to that Territory of A.B. who is accused
[or alleged to be unlawfully at large after conviction] of the offence
of .....................................................................................................:
AND WHEREAS A.B. has requested the Attorney General to order his return
without any proceedings before a Magistrate under section 12 of the Extradition
(Commonwealth and Foreign Territories) Act, (Ch. 12:04).
AND WHEREAS the Attorney General consented to that request of A.B.
and ordered A.B. to be committed to the said [Jail] Prison on the ........................
day of ........................., 20 ........, to await his return to..................................... :
NOW, THEREFORE, the Attorney General hereby orders with the consent
of A.B. that A.B. be returned to ...............................................................................
in respect of the offence for which he was committed to custody by the
Attorney General.
Dated the ...................... day of ................................, 20 ........... .
(Signed)
..............................................
Section 1l (2).
Attorney General
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
36 Chap. 12:04 Foreign Territories)
Extradition (Commonwealth and
FORM 6
WARRANT OF COMMITTAL
REPUBLIC OF TRINIDAD AND TOBAGO
County of
To all Constables and to the Keeper of [Jail] Prison.
A.B. (hereafter referred to as the defendant) having been brought this day
before me, the undersigned Magistrate for the ......................................................
District, pursuant to a warrant for his arrest issued under section 10 of the
Extradition (Commonwealth and Foreign Territories) Act, (Ch. 12:04):
AND an authority to proceed having been issued by the Attorney General
under section 9 of that Act in respect of the defendant:
AND I being satisfied that the following offence [of which the defendant
is accused in ..........................................], namely ..................................................
being an offence to which the authority to proceed relates, is an
extraditable offence as defined in section 2 of that Act, namely,
..............................................................................................................................
..............................................................................................................................
[and that the evidence given before me would be sufficient to warrant the
defendant’s committal for trial for that offence if it had been committed in
Trinidad and Tobago] [or that the defendant has been convicted of the offence
and appears to be unlawfully at large]:
THIS IS to command you, the said Constables, to convey the defendant to
the said [Jail] Prison and there deliver him to the Keeper thereof, together with
this warrant; and I DO HEREBY command you, the Keeper of the said [Jail]
Prison, to receive him into your custody and keep him until he is thence delivered
in accordance with the provisions of that Act.
Dated the ...................... day of ................................, 20............ .
(Signed)
..............................................
Section 12(4).
Magistrate
here describe the extraditable offence
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Foreign Territories) Chap. 12:04 37
Extradition (Commonwealth and
FORM 7
RECOGNISANCE ON REVIEW (WITH SURETY)
REPUBLIC OF TRINIDAD AND TOBAGO
BE IT REMEMBERED that on the .............. day of .............., 20 ....... *A.B.
of ................................. and ..............................C.D. (surety) of ..............................
came before me the undersigned Magistrate for the ..........................................
District and severally acknowledged themselves to owe to the State the
several sums following, that is to say, the said *A.B. the sum of.................
and the said C.D. the sum of ...............................................................................
WHEREAS on the .................... day of ......................................., 20 ...........
the said *A.B. whose return was requested by ....................................... was
ordered by the Magistrate for the ........................................................... District
to be discharged from custody:
AND WHEREAS the Government of .........................................................
has applied to the High Court for review of the order of discharge:
NOW the condition of this recognisance is such that if the said *A.B. shall
personally appear at the sittings of the High Court when the application for
review of the said order comes on to be heard (and at every sitting of such Court
to which the application for review of the said order may be from time to time
adjourned) and shall not depart the Court without leave, and shall abide by the
order of the said High Court, then this recognisance shall be void but otherwise
shall be in full force and effect.
(Person ordered to be discharged) (Signed) A.B.
(Surety) (Signed) C.D.
TAKEN and acknowledged before me.
(Signed)
..............................................
*Person ordered to be discharged from custody.
Section 14(6).
Magistrate
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
38 Chap. 12:04 Foreign Territories)
Extradition (Commonwealth and
FORM 8
RECOGNISANCE ON REVIEW (WITHOUT SURETY)
REPUBLIC OF TRINIDAD AND TOBAGO
BE IT REMEMBERED that on the ............. day of ......................, 20 .......
* A.B. of .................................... came before me the undersigned Magistrate
for the .............................................. District and acknowledged himself to owe
to the State the sum of ................................................................ which said sum
has been paid into Court.
WHEREAS on the .................. day of .................................., 20 ......... the
said *A.B. whose return was requested by ................................................ was
ordered by the Magistrate for the ........................................................... District
to be discharged from custody:
AND WHEREAS the Government of .........................................................
has applied to the High Court for review of the order of discharge:
NOW the condi t ion of this recognisance is such that i f the
said A.B. shall personally appear at the sittings of the High Court when the
application for review of the said order comes on to be heard (and at every
sitting of such Court to which the application for review of the said order may
be from time to time adjourned) and shall not depart the Court without leave,
and shall abide by the order of the said High Court, then this recognisance shall
be void but otherwise shall be in full force and effect.
(Person ordered to be discharged) (Signed) A.B.
TAKEN and acknowledged before me.
(Signed)
..............................................
*Person ordered to be discharged from custody.
Section 14(6).
Magistrate
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Foreign Territories) Chap. 12:04 39
Extradition (Commonwealth and
FORM 9
RECOGNISANCE ON APPEAL (WITH SURETY)
REPUBLIC OF TRINIDAD AND TOBAGO
BE IT REMEMBERED that on the ........... day of ....................., 20........
*A.B. of ............................................................... and C.D. (surety) of
............................................... came before me the undersigned Magistrate for
the ..................................... District and severally acknowledged themselves to
owe to the State the several sums following, that is to say, the said * A.B. the
sum of .......................................... and the said C.D. the sum of
.............................................
WHEREAS on the .................. day of ....................................., 20 ............
the said *A.B. whose return was requested by ........................................................
was ordered by the Magistrate for the ................................................... District
to be discharged from custody:
AND WHEREAS on the .................day of ..............................., 20 ..........
the said order of the Magistrate was reviewed by the High Court:
AND WHEREAS the Government of .........................................................
[or the said A.B.] has appealed against the decision of the High Court on the
said review:
NOW the condition of this recognisance is such that if the said A.B. shall
personally appear at the sittings of the Court of Appeal when the appeal comes
on to be heard (and at every sitting of such Court to which the appeal may be
from time to time adjourned) [and shall then and there duly prosecute his appeal]
and shall not depart the Court without leave, and shall abide by the order of the
said Court of Appeal, then this recognisance shall be void but otherwise shall
be in full force and effect.
(Person ordered to be discharged) (Signed) A.B.
(Surety) (Signed) C.D.
TAKEN and acknowledged before me.
(Signed)
..............................................
*Person ordered to be discharged from custody.
Section 15(6).
Magistrate
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
40 Chap. 12:04 Foreign Territories)
Extradition (Commonwealth and
FORM 10
RECOGNISANCE ON APPEAL (WITHOUT SURETY)
REPUBLIC OF TRINIDAD AND TOBAGO
BE IT REMEMBERED that on the ................ day of ..............., 20 ..........
*A.B. of ....................................... came before me the undersigned Magistrate
for the .............................................. District and acknowledged himself to owe
to the State the sum of .......................................................... which said sum has
been paid into Court.
WHEREAS on the ...................... day of .............................., 20 ...............
the said A.B. whose return was requested by .............................................. was
ordered by the Magistrate for the .................................................. District to be
discharged from custody:
AND WHEREAS on the .................. day of .............................., 20 .........
the said order of the Magistrate was reviewed by the High Court:
AND WHEREAS the Government of ..............................................................
[or the said A.B.] has appealed against the decision of the High Court on the
said review:
NOW the condition of this recognisance is such that if the said A.B. shall
personally appear at the sittings of the Court of Appeal when the appeal comes
on to be heard (and at every sitting of such Court to which the appeal may be
from time to time adjourned) [and shall then and there duly prosecute his appeal]
and shall not depart the Court without leave, and shall abide by the order of the
said Court of Appeal, then this recognisance shall be void but otherwise shall
be in full force and effect.
(Person ordered to be discharged) (Signed)
A.B.
TAKEN and acknowledged before me.
(Signed) ..............................................
*Person ordered to be discharged from custody.
Section 15(6).
Magistrate
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Foreign Territories) Chap. 12:04 41
Extradition (Commonwealth and
FORM 11
WARRANT FOR RETURN TO REQUESTING TERRITORY
REPUBLIC OF TRINIDAD AND TOBAGO
To the Keeper of [Jail] Prison
and to all Constables.
WHEREAS a request has been made to the Attorney General by or on behalf
of ...................................................................... for the return to that Territory
of A.B. (hereafter referred to as the prisoner) who is accused [or alleged to be
unlawfully at large after conviction] of the offence of ............................................:
AND WHEREAS a Magistrate, being satisfied that the evidence given before
him would be sufficient to warrant the prisoner’s trial for that offence [or the
offence of .................................................................] if it had been committed
in Trinidad and Tobago [or that the prisoner had been convicted of that offence]
[or the offence of .......................................................................] [and appeared
to be unlawfully at large], committed the prisoner to the [Jail] Prison on the
.................... day of ........................................., 20 ............., to await his return
to ............................................
AND WHEREAS the prisoner has not been discharged from custody by
order of the High Court or of the Court of Appeal:
NOW, THEREFORE, the Attorney General hereby orders that the prisoner
be returned to .................................................................................................... in
respect of the offence for which he was committed to custody by the Magistrate.
Dated the ........... day of ............................., 20 .........
(Signed)
..............................................
Section 16(1).
Attorney General
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
42 Chap. 12:04 Foreign Territories)
Extradition (Commonwealth and
SUBSIDIARY LEGISLATION
EXTRADITION (COMMONWEALTH AND FOREIGN
TERRITORIES) (DECLARED COMMONWEALTH
TERRITORIES) ORDER
made under section 3
1. This Order may be cited as the Extradition
(Commonwealth and Foreign Territories) (Declared
Commonwealth Territories) Order.
2. The territories specified in the Schedule are hereby
declared to be Commonwealth territories in relation to which the
Extradition (Commonwealth and Foreign Territories) Act applies.
33/1986.
Citation.
Declared
Commonwealth
Territories.
[36 of 1985].
SCHEDULE
Antigua and Barbuda Guyana Sierra Leone
Australia Hong Kong Singapore
Bahamas India Solomon Islands
Bangladesh Jamaica Sri Lanka
Barbados Kenya St. Kitts-Nevis
Belize Kiribati St. Lucia
Bermuda Lesotho St.Vincent
Botswana Malawi Swaziland
Canada Malaysia Tanzania
Cayman Islands Malta Tonga
Cook Islands Mauritius Tuvalu
Cyprus Montserrat Uganda
Dominica Nauru United Kingdom
Fiji New Zealand Vanuatu
Gambia Nigeria Western Samoa
Ghana Papua, New Guinea Zambia
Grenada Seychelles Zimbabwe
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Extradition (Commonwealth and
Foreign Territories) Chap. 12:04 43
[Subsidiary]
58/2000.
[59/2004].
Citation.
Declaration of
foreign territory.
Legal Notice
No. 44 of 1996
repealed.
EXTRADITION (UNITED STATES OF AMERICA)
ORDER
made under section 4
1. This Order may be cited as the Extradition (United States
of America) Order.
2. The United States of America is declared to be a foreign
territory in relation to which the Extradition (Commonwealth and
Foreign Territories) Act applies following the conclusion, between
Trinidad and Tobago and the United States of America, of the
Extradition Treaty recited in the Schedule.
3. The Extradition (United States of America) Order, 1996
is hereby repealed.
SCHEDULE
ARTICLE 1
OBLIGATION TO EXTRADITE
The Contracting States agree to extradite to each other, upon request and
pursuant to the provisions of this Treaty, persons whom the authorities in the
Requesting State have charged with or convicted of an extraditable offence.
ARTICLE 2
EXTRADITABLE OFFENCES
1. An offence shall be an extraditable offence if, under the laws of Trinidad
and Tobago, it is an indictable offence and if, under the laws of the United
States, it is punishable by deprivation of liberty for a period of more than one
year or by a more severe penalty.
2. An offence shall also be an extraditable offence if it consists of an
attempt or a conspiracy to commit, aiding or abetting, counselling or procuring
the commission of, or being an accessory before or after the fact to, any offence
described in paragraph 1.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
Extradition (Commonwealth and
44 Chap. 12:04 Foreign Territories)
[Subsidiary] Extradition (United States of America) Order
3. For the purposes of this Article, an offence shall be an
extraditable offence—
(a) whether or not the laws in the Contracting States place the
acts or omissions constituting the offence within the same
category of offences or describe the offence by the same
terminology; or
(b) whether or not the offence is one for which United States
federal law requires the showing of such matters as interstate
transportation, or use of the mails or of other facilities affecting
interstate or foreign commerce, such matters being merely for
the purpose of establishing jurisdiction in a United States
Federal Court; or
(c) whether or not under the laws in the Contracting Parties the
constituent elements of the offence differ, it being understood
the totality of the acts or omissions as presented by the
Requesting State shall be taken into account.
4. If the offence was committed outside the territory of the Requesting
State, extradition shall be granted if the laws in the Requested State provide for
the punishment of an offence committed outside its territory in similar
circumstances. If the laws in the Requested State do not so provide, the executive
authority of the Requested State may, in its discretion, grant extradition, provided
the requirements of this treaty are met.
5. If extradition has been granted for an extraditable offence, it shall also
be granted for any other offence specified in the request even if the latter offence
is punishable by one year’s deprivation of liberty or less, provided that all other
requirements for extradition are met.
6. Where extradition is sought for an offence against a law relating to
taxation, customs duties, exchange control or other revenue matters, extradition
may not be refused on the ground that the law of the Requested State does not
impose the same kind of tax or duty or does not contain a tax, customs duty or
exchange control regulation of the same kind as the law of the Requesting State.
ARTICLE 3
NATIONALITY
Extradition shall not be refused on the ground that the person sought is a
national of the Requested State.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Extradition (Commonwealth and
Foreign Territories) Chap. 12:04 45
Extradition (United States of America) Order [Subsidiary]
ARTICLE 4
POLITICAL AND MILITARY OFFENCES
1. Extradition shall not be granted if the offence for which extradition is
requested is an offence of a political character.
2. For the purposes of this Treaty, the following offences shall not be
considered to be political offences:
(a) a murder or other wilful crime against the person of a Head of
State of one of the Contracting States, or of a member of the
Head of State’s family;
(b) an offence for which both Contracting States have the
obligation pursuant to a multilateral international agreement
to extradite the person sought or to submit the case to their
competent authorities for decision as to prosecution; and
(c) a conspiracy or attempt to commit any of the foregoing
offences, or aiding or abetting a person who commits or
attempts to commit such offences.
3. Notwithstanding the terms of paragraph 2 of this Article, extradition
shall not be granted if the executive authority of the Requested State determines
that the request was politically motivated.
4. The executive authority of the Requested State may refuse extradition
for offences under military law which are not offences under ordinary
criminal law.
ARTICLE 5
PRIOR PROSECUTION
1. Extradition shall not be granted when the person sought has been
convicted or acquitted in the Requested State for the offence for which extradition
is requested.
2. Extradition shall not be precluded by the fact that the authorities in the
Requested State have decided not to prosecute the person sought for the acts for
which extradition is requested, or to discontinue any criminal proceedings which
have been instituted against the person sought for those acts.
ARTICLE 6
LAPSE OF TIME
Extradition shall not be barred because of the prescriptive laws of either
the Requesting State or the Requested State.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
Extradition (Commonwealth and
46 Chap. 12:04 Foreign Territories)
[Subsidiary] Extradition (United States of America) Order
ARTICLE 7
EXTRADITION PROCEDURES AND
REQUIRED DOCUMENTS
1. All requests for extradition shall be submitted in writing and through
the diplomatic channel.
2. All requests shall be supported by:
(a) documents, statements, or other types of information which
describe the identity and probable location of the person
sought;
(b) information describing the facts of the offence and the
procedural history of the case;
(c) the text of the relevant provision of the laws of the Requesting
State describing the offence or where necessary a statement
of the provisions of law describing the essential elements of
the offence for which extradition is requested;
(d) a statement of the provisions of law prescribing punishment
for the offence;
(e) a statement of the provisions of law describing any time limit
on the prosecution; and
(f) the documents, statements, or other types of information
specified in paragraph 3 or paragraph 4 of this Article,
as applicable.
3. A request for extradition of a person who is sought for prosecution
shall also be supported by—
(a) a copy of the warrant or order of arrest, if any, issued by a
judge or other competent authority;
(b) a copy of the charging document; and
(c) such evidence as, according to the laws of the Requested State,
would justify the issue of a warrant for arrest if the offence
had been committed in the Requested State.
4. A request for extradition relating to a person who has been convicted
of the offence for which extradition is sought shall also be supported by—
(a) a certified copy of the judgment of conviction or any other
documents by a judicial authority of the Requesting State
evidencing that the person has been convicted;
(b) information establishing that the person sought is the person
to whom the conviction refers;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Extradition (Commonwealth and
Foreign Territories) Chap. 12:04 47
Extradition (United States of America) Order [Subsidiary]
(c) a copy of the sentence imposed, if the person sought has been
sentenced, and a statement establishing to what extent the
sentence has been carried out; and
(d) in the case of a person who has been convicted in absentia,
the documents required by paragraph 3.
5. All documents submitted by the Requesting State shall be in the
English language.
ARTICLE 8
ADMISSIBILITY OF DOCUMENTS
The documents which accompany an extradition request shall be received
and admitted as evidence in extradition proceedings if—
(a) in the case of a request from the United States, they are
authenticated by an officer of the Department of State of the
United States and are certified by the principal diplomatic or
Consular office of Trinidad and Tobago in the United States;
(b) in the case of a request from Trinidad and Tobago, they are
certified by the principal diplomatic or consular officer of the
United States resident in Trinidad and Tobago, as provided by
the extradition laws of the United States; or
(c) they are certified or authenticated in any other manner accepted
by the law of the Requested State.
ARTICLE 9
PROVISIONAL ARREST
1. In case of urgency, a Contracting State may request the provisional
arrest of the person sought pending presentation of the request for extradition.
A request for provisional arrest may be transmitted through the diplomatic
channel or directly between Department of Justice in the United States and the
Attorney General in Trinidad and Tobago. The facilities of the International
Criminal Police Organisation (INTERPOL) may be used to transmit such
a request.
2. The application for provisional arrest shall contain—
(a) a description of the person sought;
(b) the location of the person sought, if known;
(c) a brief statement of the facts of the case, including, if possible,
the time and location of the offence;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
Extradition (Commonwealth and
48 Chap. 12:04 Foreign Territories)
[Subsidiary] Extradition (United States of America) Order
(d) a description of the law violation;
(e) a statement of the existence of a warrant of arrest or a finding
of guilt or judgment of conviction against the person
sought; and
(f) a statement that a request for extradition for the person sought
will follow.
3. The Requesting State shall be notified without delay of the disposition
of its application and the reasons for any denial.
4. A person who is provisionally arrested may be discharged from custody
upon the expiration of sixty days from the date of provisional arrest pursuant to
this Treaty if the executive authority of the Requested State has not received the
formal request for extradition and the supporting documents required in
Article 7.
5. The fact that the person sought has been discharged from custody
pursuant to paragraph 4 of this Article shall not prejudice the subsequent
re-arrest and extradition of that person if the extradition request and supporting
documents are delivered at a later date.
ARTICLE 10
DECISION AND SURRENDER
1. The Requested State shall promptly notify the Requesting State through
the diplomatic channel of its decision on the request for extradition.
2. If the request is denied in whole or in part, the Requested State shall
provide an explanation of the reasons for the denial. The Requested State shall
provide copies of pertinent judicial decisions upon request.
3. If the request for extradition is granted, the authorities of the Contracting
States shall agree on the time and place for the surrender of the person sought.
4. If warrant or order for the extradition of a person sought has been
issued by the competent authorities and if he is not removed from the Requested
State within the time prescribed by the law of that State, that person may be
discharged from custody, and the Requested State may subsequently refuse
extradition for the same offence.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Extradition (Commonwealth and
Foreign Territories) Chap. 12:04 49
Extradition (United States of America) Order [Subsidiary]
ARTICLE 11
TEMPORARY AND DEFERRED SURRENDER
1. If the extradition request is granted in the case of a person who is
being proceeded against or is serving a sentence in the Requested State, the
Requested State may temporarily surrender the person sought to the Requesting
State for the purpose of prosecution. The person so surrendered shall be kept in
custody in the Requesting State and shall be returned to the Requested State
after the conclusion of the proceedings against that person, in accordance with
conditions to be determined by mutual agreement of the Contracting States.
2. The Requested State may postpone the extradition proceedings against
a person who is being prosecuted or who is serving a sentence in that State. The
postponement may continue until the prosecution of the person sought has been
concluded or until such person has served any sentence imposed.
ARTICLE 12
REQUESTS FOR EXTRADITION MADE BY
SEVERAL STATES
If the Requested State receives requests from the other Contracting State
and from any other State or States for the extradition of the same person, either
for the same offence or for different offences, the executive authority of the
Requested State shall determine to which State it will surrender the person. In
making its decision, the Requested State shall consider all relevant factors,
including but not limited to—
(a) whether the requests were made pursuant to treaty;
(b) the place where each offence was committed;
(c) the respective interests of the Requesting States;
(d) the gravity of the offences;
(e) the nationality of the victim;
(f) the possibility of further extradition between the Requesting
States; and
(g) the chronological order in which the requests were received
from the Requesting States.
ARTICLE 13
SEIZURE AND SURRENDER OF PROPERTY
1. To the extent permitted under its law, the Requested State may seize
and surrender to the Requesting State all articles, documents and evidence
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
Extradition (Commonwealth and
50 Chap. 12:04 Foreign Territories)
[Subsidiary] Extradition (United States of America) Order
connected with the offence in respect of which extradition is granted. The items
mentioned in this Article may be surrendered to the Requesting State even when
the extradition cannot be effected due to the death, disappearance, or escape of
the person sought.
2. The Requested State may condition the surrender of the property upon
satisfactory assurances from the Requesting State that the property will be
returned to the Requested State as soon as practicable. The Requested State
may also defer the surrender of such property if it is needed as evidence in the
Requested State.
3. The rights of third parties in such property shall be duly respected.
ARTICLE 14
RULE OF SPECIALTY
1. A person extradited under this Treaty may not be detained, tried, or
punished in the Requesting State except for—
(a) the offence for which extradition has been granted or a
differently denominated offence based on the same facts on
which extradition was granted, provided such offence is
extraditable, or is a lesser included offence;
(b) an offence committed after the extradition of the person; or
(c) an offence for which the executive authority of the Requested
State consents to the person’s detention, trial, or punishment.
For the purpose of this subparagraph—
(i) the Requested State may require the submission of the
documents called for in Article 7; and
(ii) the person extradited may be detained by the Requesting
State for sixty days, or for such longer period of time
as the Requested State may authorise, while the request
is being processed.
2. A person extradited under this treaty may not be extradited to a third
State for an offence committed prior to his surrender unless the surrendering
State consents.
3. Paragraphs 1 and 2 of this Article shall not prevent the detention, trial,
or punishment of an extradited person, or the extradition of that person to a
third State, if—
(a) that person leaves the territory of the Requesting State after
extradition and voluntarily returns to it; or
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(b) that person does not leave the territory of the Requesting State
within thirty days of the day on which that person is free
to leave.
ARTICLE 15
WAIVER OF EXTRADITION
If the person sought consents to surrender to the Requesting State, the
Requested State may surrender the person as expeditiously as possible without
further proceedings.
ARTICLE 16
TRANSIT
1. Either Contracting State may authorise transportation through its
territory of a person surrendered to the other State by a third State. A request for
transit shall be transmitted through the diplomatic channel or directly between
the Department of Justice in the United States and the Attorney General in
Trinidad and Tobago. Such a request may also be transmitted through the facilities
of the International Criminal Police Organisation (INTERPOL), or through such
other means as may be settled by arrangement between the Contracting States.
It shall contain a description of the person being transported and a brief statement
of the facts of the case. A person in transit may be detained in custody during
the period of transit.
2. No authorisation is required where air transportation is used and no
landing is scheduled on the territory of the Contracting State. If an unscheduled
landing occurs on the territory of the other Contracting State, the other
Contracting State may require the request for transit as provided in
paragraph 1. That Contracting State may detain the person to be transported
until the request for transit is received and the transit is effected, so long as the
request is received within ninety-six hours of the unscheduled landing.
ARTICLE 17
REPRESENTATION AND EXPENSES
1. The Requested State shall advise, assist, appear in Court on behalf of
the Requesting State, and represent the interests of the Requesting State, in any
proceedings arising out of a request for extradition.
2. That Requesting State shall bear the expenses related to the translation
of documents and the transportation of the person surrendered. The Requested
State shall pay all other expenses incurred in that State by reason of the
extradition proceedings.
UNOFFICIAL VERSION
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52 Chap. 12:04 Foreign Territories)
[Subsidiary] Extradition (United States of America) Order
3. Neither State shall make any pecuniary claim against the other State
arising out of the arrest, detention, examination, or surrender of persons sought
under this Treaty.
ARTICLE 18
CONSULTATION
The Department of Justice in the United States and the Attorney General in
Trinidad and Tobago may consult with each other directly or through the facilities
of the International Criminal Police Organisation (INTERPOL) in connection
with the processing of individual cases and in furtherance of maintaining and
improving procedures for the implementation of this Treaty.
ARTICLE 19
APPLICATION
This Treaty shall apply to offences committed before as well as after the
date it enters into force.
ARTICLE 20
RATIFICATION AND ENTRY INTO FORCE
1. This Treaty shall enter into force when both parties have notified each
other through an exchange of diplomatic notes of the completion of their
respective requirements for entry into force.
2. Upon the entry into force of this Treaty, the Treaty for the Mutual
Extradition of Criminals between the United States of America and Great Britain,
signed at London, December 22, 1931, shall cease to have any effect between
the United States and Trinidad and Tobago. Nevertheless, the prior Treaty shall
apply to any extradition proceedings in which the extradition documents have
already been submitted to the Courts of the Requested State at the time this
Treaty enters into force, except that Article 15 of this Treaty shall be applicable
to such proceedings. Article 14 of this Treaty shall apply to persons found
extraditable under the prior Treaty.
ARTICLE 21
TERMINATION
Either Contracting State may terminate this Treaty at any time by giving
written notice to the other Contracting State, and the termination shall be effective
six months after the date on which such notice is received.
UNOFFICIAL VERSION
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IN WITNESS WHEREOF, the undersigned, being duly authorised by
their respective Governments have signed this Treaty.
DONE at Port-of-Spain, in duplicate, this 4th day of March, 1996.
FOR THE GOVERNMENT FOR THE GOVERNMENT
OF THE REPUBLIC OF OF THE UNITED STATES
TRINIDAD AND TOBAGO OF AMERICA
Basdeo Panday Warren Christopher
Made this 27th day of January, 2000.
UNOFFICIAL VERSION
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[Subsidiary]
EXTRADITION (THE KINGDOM OF
THE NETHERLANDS) ORDER
made under section 4
1. This Order may be cited as the Extradition (The Kingdom
of The Netherlands) Order.
2. The Kingdom of The Netherlands is declared to be a
foreign territory in relation to which the Extradition
(Commonwealth and Foreign Territories) Act applies following
the conclusion, between Trinidad and Tobago and the Kingdom of
The Netherlands, of the Extradition Treaty recited in the Schedule.
SCHEDULE
TREATY BETWEEN
THE REPUBLIC OF TRINIDAD AND TOBAGO
AND
THE KINGDOM OF THE NETHERLANDS
ON
EXTRADITION
The Government of the Republic of Trinidad and Tobago and
the Government of the Kingdom of The Netherlands;
Respecting each other’s judicial institutions and desiring to
make more effective the co-operation between the two countries
in the suppression of crime by making provisions for the extradition
of offenders;
96/2003.
Citation.
Declaration of
foreign territory.
[36 of 1985].
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Have contracted as follows:
ARTICLE 1
OBLIGATION TO EXTRADITE
Each Contracting State agrees to extradite to the other, in accordance with
the provisions of this Treaty, any person within its territory who is accused of
an extraditable offence or sought for the purpose of imposition or enforcement
of a sentence by the authorities of the other State.
ARTICLE 2
EXTRADITABLE OFFENCES
(1) Extradition shall be granted for conduct which, under the law of both
States, constitutes an offence punishable by a term of imprisonment of not less
than twelve months or by a more severe penalty. In addition, where a sentence
of imprisonment or other deprivation of liberty has been imposed by the Courts
of the Requesting State, the portion of the sentence that remains to be served
must be at least six months.
(2) An offence shall also be an extraditable offence if it consists of an
attempt or a conspiracy to commit, aiding or abetting, counselling or procuring
the commission of, or being an accessory before or after the fact to an offence
described in paragraph (1).
(3) If the request for extradition relates to a sentence of both imprisonment
or other deprivation of liberty as provided in paragraph (1) and a pecuniary
sanction, the Requested State may also grant extradition for the enforcement of
the pecuniary sanction.
(4) If the request for extradition relates to a number of offences, each of
which is punishable under the law of both States, but some of which do not
meet the other requirements of paragraph (1), the Requested State may also
grant extradition for such offences.
ARTICLE 3
EXTRADITION OF NATIONALS
(1) A request for extradition of a person accused of an offence shall
not be refused solely on the basis of the nationality of the person sought.
(2) The Requested State shall not be bound to extradite its own
nationals for the purpose of enforcing a sentence.
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(3) If extradition is refused under paragraph (2), the Requested State
shall, at the request of the Requesting State and if the law of the Requested
State so permits, refer the matter to its authorities for the purpose of enforcing
the sentence imposed in the Requesting State.
ARTICLE 4
MANDATORY REFUSAL OF EXTRADITION
Extradition shall not be granted:
(a) if the offence for which extradition is requested is considered
by the Requested State to be an offence of a political nature,
or an offence connected with such an offence. The taking or
attempted taking of the life of the Head of State or the Head of
Government or a member of their families shall not be
considered to be an offence of a political nature;
(b) if the offence for which extradition is requested is an offence
under military law and is not an offence under the general
criminal law of both States;
(c) if the person sought has been finally acquitted or convicted in
the Requested State for conduct constituting the same offence
for which extradition is requested; or
(d) if the right to prosecute the offence or to enforce the sentence
for which extradition is requested would be barred by lapse of
time under the law of the Requested State.
ARTICLE 5
DISCRETIONARY REFUSAL OF EXTRADITION
Extradition may be refused:
(a) if the person sought is being prosecuted by the Requested State
for the offence for which extradition is requested or if the
competent authorities of the Requested State have decided, in
accordance with the law of that State, not to prosecute or to
terminate the prosecution that has been instituted;
(b) if the person sought has been finally acquitted or convicted in
a third State for conduct constituting the same offence for
which extradition is requested and, if convicted, the sentence
imposed has been fully enforced or is no longer enforceable;
(c) if the offence for which the extradition is requested is
punishable by death under the laws of the Requesting State
and the laws of the Requested State do not permit such
punishment for that offence, unless the Requesting State
UNOFFICIAL VERSION
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furnishes such assurances as the Requested State considers
sufficient that the death penalty shall not be imposed, or, if
imposed, shall not be executed;
(d) if, in the opinion of the Requested State, the offence was
committed outside the territory of the Requesting State and
law of the Requested State does not, in the corresponding
circumstances, provide for the same jurisdiction; or
(e) if the Requested State, taking into account the nature of the
offence and the interest of the Requesting State, considers that
the extradition of the person sought would be incompatible
with humanitarian considerations, particularly in view of that
person’s age or health.
ARTICLE 6
DOCUMENTS TO BE SUBMITTED
(1) All requests for extradition shall be made through the
diplomatic channels.
(2) The following documents shall be submitted in support of a request
for extradition:
(a) in all cases—
(i) information about the identity, nationality and, if
possible, the description and the location of the person
sought;
(ii) a statement prepared by a Magistrate or public official
of the conduct constituting the offence for which the
extradition is requested, indicating the place and time
of its commission, the designation of the offence and
the legal provisions describing the offence and the
applicable punishment;
(b) in the case of a person who is accused of an offence—
(i) the original or certified copy of the warrant of arrest,
issued in the Requesting State;
(ii) such evidence as, according to the laws of the Requested
State, would justify the issue of a warrant for arrest if
the offence had been committed in the Requested State;
(c) in the case of a person sought for the enforcement of a sentence—
(i) the original or a certified copy of the judgment or
other document setting out the conviction and
sentence imposed;
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(ii) if a portion of the sentence has already been served, a
statement by a public official specifying the portion of
the sentence which remains to be served;
(d) in support of a request from Trinidad and Tobago, relating to a
person who has been convicted but has not been sentenced,
the original or a certified copy of the order of arrest and the
original or a certified copy of a document establishing that the
person has been convicted and that a sentence is to be imposed.
(3) In the case of a person convicted in absentia, the requirements
relating to the submission of documents referred to in subparagraphs (a) and
(b) of paragraph (2) shall apply. If, however, it is established that the charge,
containing notice of the date and place of trial, or the judgment rendered in
absentia has been personally served on the person sought, and that person has
not appeared or availed himself or herself of the rights to appeal and retrial, the
requirements relating to the submission of documents referred to in
subparagraphs (a) and (c) of paragraph (2) shall apply.
(4) To be admissible in extradition proceedings a document submitted
in support of a request for extradition, shall be certified by a Judge, Magistrate
or officer in the Requesting State, to be the original document containing or
recording the evidence or to be a true copy of such document. Every document
shall be authenticated either by the oath of a witness or by the official seal of a
Minister, or a secretary or other officer administering a department of
Government of the Requesting State.
(5) The requirements of paragraph (4) may be simplified due to
changes in the national laws of the Contracting States. Such simplifications
shall be notified through an exchange of Diplomatic Notes.
(6) Any translation of documents submitted in support of a request
for extradition provided by the Requesting State, shall be admitted for all
purposes in extradition proceedings.
ARTICLE 7
ADDITIONAL INFORMATION
(1) If the competent authorities of the Requested State consider, at
any stage of the extradition process, that the information provided by the
Requesting State is insufficient to make a decision under this Treaty, the
Requested State may ask for additional information. The Requested State may
set a time limit of a maximum of thirty (30) days for the submission of such
information and, upon application of the Requesting State, may grant a
reasonable extension of the time limit.
UNOFFICIAL VERSION
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
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(2) If the additional information is considered to be insufficient or is
not received within the time specified by the Requested State, the person sought,
if in custody, may be released and the case against such person may be terminated.
Release of the person sought shall not preclude the continued consideration of
the request nor shall the termination of the case preclude the subsequent
submission of a new request for the same offence.
ARTICLE 8
PROVISIONAL ARREST
(1) In cases of urgency, the competent authorities of the Requesting
State may request the provisional arrest of the person sought.
(2) The request for provisional arrest shall include:
(a) information concerning the identity, nationality and, if possible,
a description and the location of the person sought;
(b) an indication of the intention to request extradition;
(c) the name, date and place of the offence and a brief description
of the facts of the case;
(d) a statement attesting to the existence and terms of an order of
arrest or a judgment of conviction;
(e) a statement of maximum penalty that can be imposed or the
sentence that has been imposed for the offence.
(3) A request for provisional arrest shall be sent to the competent
authorities of the Requested State either through diplomatic channels or directly
or through the international Criminal Police Organisation (Interpol), or by any
other means affording evidence in writing or accepted by the Requested State.
The Requested State shall inform the Requesting State without delay of the
action taken on the request for provisional arrest.
(4) A provisional arrest shall terminate if, within a period of forty
(40) days following the arrest, the Requested State has not received the request
for the extradition and the supporting documents referred to in Article 6 and the
person sought is still detained under the provisional arrest warrant. The competent
authorities of the Requested State may release a person provisionally arrested
at any time, subject to such conditions as are considered necessary to ensure
that such person does not leave the country.
(5) Release from custody of the person sought at the end of the forty
(40) day time limit shall not prevent subsequent arrest and extradition if the
request for extradition and the supporting documents referred to in Article 6 are
subsequently received.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
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[Subsidiary] Extradition (The Kingdom of The Netherlands) Order
ARTICLE 9
CONCURRENT REQUESTS
(1) If extradition of the same person is requested by two or more States,
the Requested State shall determine to which of these States the person will be
extradited and shall inform the Requesting State of its decision.
(2) Paragraph (1) shall apply mutatis mutandis where there is a
concurrent request for surrender by the International Criminal Court.
ARTICLE 10
SURRENDER
(1) The Requested State shall inform the Requesting State of its
decision with respect to the extradition.
(2) Reasons shall be given for any refusal of the request in whole or
in part.
(3) In the event that extradition is granted, the Requesting State shall
be informed of the place and date of the surrender, and of the length of time that
the person sought was detained in custody for the purpose of extradition.
(4) If the person sought has not been surrendered at the appointed
date, that person may be released upon the expiration of fifteen (15) days from
that date, and may be discharged upon the expiration of thirty (30) days.
ARTICLE 11
POSTPONEMENT OF SURRENDER AND
TEMPORARY SURRENDER
(1) The Requested State may postpone the surrender of the person
sought in order to prosecute the person or to require the person to serve a sentence
for an offence other than the offence for which extradition has been granted,
and shall inform the Requesting State of its decision.
(2) The Requested State may temporarily surrender the person sought
to the Requesting State solely for the purpose of prosecution. The person so
surrendered shall be kept in custody while in the Requesting State and returned
at the conclusion of proceedings against that person in accordance with conditions
to be determined by mutual agreement between the Contracting States.
ARTICLE 12
SURRENDER OF PROPERTY
(1) To the extent permitted under the law of the Requested State and
subject to the rights of third parties, all property acquired as a result of the
UNOFFICIAL VERSION
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offence or which may be used as evidence shall, if found, upon request, be
surrendered to the Requesting State if extradition is granted or consented to.
(2) The property referred to in paragraph (1) shall be surrendered even
if, extradition having been granted or consented to, the surrender of the person
sought cannot take place as a result of the person’s death or escape.
ARTICLE 13
RULE OF SPECIALTY
(1) A person extradited under this Treaty shall not be prosecuted,
detained, tried or punished in the territory of the Requesting State for an offence
other than that for which extradition has been granted unless—
(a) that person has left the territory of the Requesting State after
extradition and has voluntarily returned to it;
(b) that person has not left the territory of the Requesting State
within thirty (30) days after being free to do so; or
(c) the Requested State has consented thereto. For this purpose,
the Requested State may require the submission of any
document or statement referred to in Article 6, including any
statement made by the extradited person with respect to the
offence concerned.
(2) Paragraph (1) shall not apply to offences committed
after extradition.
(3) If the charge for which the person was extradited is subsequently
changed, that person may be prosecuted or sentenced provided the offence under
its new description is—
(a) based on substantially the same facts contained in the
extradition request and its supporting documents; and
(b) punishable by the same maximum penalty as, or a lesser
maximum penalty than, the offence for which that person
was extradited.
ARTICLE 14
RE-EXTRADITION TO A THIRD STATE
A person extradited under this Treaty shall not be subsequently extradited
to a third State without the consent of the Requested State, except in cases
provided for in subparagraphs (a) and (b) of paragraph (1) of Article 13. The
Requested State may require the production of the documents received from
the third State supporting the latter’s request for subsequent extradition, and
any statement made by the extradited person on the matter.
UNOFFICIAL VERSION
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[Subsidiary] Extradition (The Kingdom of The Netherlands) Order
ARTICLE 15
CONSENT TO EXTRADITION
(1) A person whose extradition is sought and who has been arrested
pursuant to this Treaty shall be informed by the competent authority of the
Requested State, in accordance with its national law, of the request relating to
him and of his right to consent to be returned to the Requesting State without
further formal proceedings, as well as of the legal consequences thereof.
(2) Where the national law of the Requested State so provides, the
consent constitutes a waiver of the protections provided for under Articles 13
and 14.
(3) The consent of the person shall be given in writing before a
competent authority of the Requested State. When such consent has been given,
the Requesting State shall, without delay, take all steps as are necessary to receive
the person sought.
ARTICLE 16
TRANSIT
(1) When a third State has granted the extradition of a person to one
of the Contracting States, the Contracting State shall seek the transit permission
for that person from the other Contracting State in the case of a scheduled landing,
on the latter State’s territory, of an aircraft with that person on board.
(2) The request for transit permission shall include such information
as specified in subparagraphs (a) and (c) of paragraph (2) of Article 8.
(3) The Contracting State requested for transit may refuse to give its
permission on any grounds provided by its law.
ARTICLE 17
LANGUAGES
Requests under this Treaty may be made in the English language. All
supporting documents shall be translated into an official language of the
Requested State.
ARTICLE 18
EXPENSES
(1) Expenses related to the translation of documents and the transfer
of the person extradited from the territory of the Requested State to that of the
Requesting State shall be borne by the Requesting State.
UNOFFICIAL VERSION
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(2) All other expenses incurred by the Requested State by reason of
extradition shall be borne by that State.
(3) Expenses related to transit incurred by the transit State shall, at its
request, be reimbursed by the Contracting State of destination.
ARTICLE 19
CONDUCT OF PROCEEDINGS
(1) In the case of a request for extradition presented by the Kingdom
of the Netherlands, the Attorney General of the Republic of Trinidad and Tobago
or his duly appointed representative shall conduct the extradition proceedings
in accordance with the laws of Trinidad and Tobago.
(2) In the case of a request for extradition presented by the Republic
of Trinidad and Tobago, the competent authorities in the Kingdom of the
Netherlands shall conduct the extradition proceedings in accordance with the
laws of the Kingdom of the Netherlands, without further representation of the
Republic of Trinidad and Tobago.
ARTICLE 20
ENTRY INTO FORCE
(1) This Treaty shall enter into force on the first day of the second
month following the date on which the Contracting States shall have notified
each other that their legal requirements have been complied with.
(2) This Treaty shall be provisionally applied as from the first day of
the sixth month following signature, unless either of the Contracting States
notifies the other Contracting State before that date that it will not apply the
Treaty provisionally.
(3) As regards the Kingdom of The Netherlands, this Treaty shall
apply to the part of the Kingdom in Europe, to The Netherlands Antilles and to
Aruba, unless the notification referred to in paragraph (1) provides otherwise.
In the latter case the Kingdom of The Netherlands may extend the application
of this Treaty at any time to one or more of its constituent parts, by notification
to and with the consent of the Republic of Trinidad and Tobago.
(4) This Treaty shall apply to any request presented after its entry
into force, or, in case this Treaty is applied provisionally in accordance with
paragraph (2), after the date of commencement of such application, even if the
offence for which extradition is requested was committed before that date.
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ARTICLE 21
TERMINATION
(1) Either Contracting State may terminate this Treaty at any time by
written notification to the other State. The termination shall be effective one
year after the date of receipt of such notice.
(2) Subject to the period mentioned in paragraph (1), the Kingdom of
The Netherlands and the Republic of Trinidad and Tobago shall be entitled to
terminate the application of this Treaty separately in respect of any of the
constituent parts of the Kingdom of The Netherlands.
IN WITNESS WHEREOF, the representatives of the two Governments, being
authorised for this purpose, have signed this Treaty.
DONE at Port-of-Spain this 7th day of February, 2003, in duplicate in the
English and Dutch languages, each version being equally authentic.
KNOWLSON GIFT ARJEN J. VAN DEN BERG
For the Government of the For the Government of
Republic of Trinidad and Tobago the Kingdom of The Netherlands
Made this 16th day of May, 2003.
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APPENDIX A
CERTIFICATION OF RECORD OF THE CASE
FOR PROSECUTION
In the Matter of a request
by .......................................................................................................................
for the extradition of.............................................................................................
from Trinidad and Tobago for prosecution.
In relation to that request, I ..................................................................................
.........................................................................................................
certify that the evidence summarised or contained in the attached documents
(pages 1 to ........) is available for trial and (is sufficient under the law of
..............................................................................................................................
to justify prosecution) or (was gathered according to the law of
........................................................................................................)
(insert name of country or entity seeking extradition)
(insert name of person sought)
(insert name and title/position of person)
[(judicial or prosecuting authority) providing certification]
The following are Appendix A and Appendix B referred to at page 2 with
respect to section 19A(5)(a) and (b) of the Act.
(insert name of country or entity seeking extradition)
(insert name of country or entity seeking extradition)
...................................
Date
..................................................
(Name)
..................................................
(Title)
..................................................
(Office)
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LAWS OF TRINIDAD AND TOBAGO
66 Chap. 12:04 Foreign Territories)
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APPENDIX B
CERTIFICATION OF RECORD OF THE CASE
FOR IMPOSITION OR ENFORCEMENT OF A SENTENCE
In the Matter of a request
by .......................................................................................................................
for the extradition of.............................................................................................
from Trinidad and Tobago for imposition or enforcement of a sentence.
.....................................................................................request the extradition of
................................................................................... from Trinidad and Tobago
for impostion or enforcement of a sentence.
In relation to that request, I,.................................................................................
certify that the attached documents are accurate.
(insert name of country or entity seeking extradition)
(insert name of person sought)
(insert name of country or entity seeking extradition)
...................................
Date
..................................................
(Name)
..................................................
(Title)
..................................................
(Office)
(insert name of person sought)
(name, title/position of a judicial, prosecuting or penal authority)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
