Administration of Justice (Deoxyribonucleic Acid)

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/5.34.pdf

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LAWS OF TRINIDAD AND TOBAGO

ADMINISTRATION OF JUSTICE
(DEOXYRIBONUCLEIC ACID) ACT

CHAPTER 5:34

Act
5 of 2012
11 of 2014

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–37 ..

L.R.O. UNOFFICIAL VERSION


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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

Note on Amendment
Amendment to Evidence Act Ch. 7:02

Section 39 of Act No. 5 of 2012 amended the Evidence Act in section 19(4). This amendment
has been duly incorporated into that Act.

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CHAPTER 5:34
ADMINISTRATION OF JUSTICE

(DEOXYRIBONUCLEIC ACID) ACT

ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY

1. Short title.
2. Act inconsistent with the Constitution.
3. Application.
4. Interpretation.

PART II
FORENSIC DNA LABORATORIES

5. Official forensic DNA laboratory.
6. Co-operation with accredited laboratories.

PART III
THE NATIONAL FORENSIC DNA DATABANK OF

TRINIDAD AND TOBAGO
7. DNA profiles may be kept indefinitely in Forensic DNA Databank.
8. Appointment of Custodian and Deputy Custodian.
9. Transitional.
10. Functions and duties of Custodian.
11. Report.

PART IV
OBTAINING NON-INTIMATE AND INTIMATE SAMPLES
12. Persons may volunteer to give a sample.
13. Obtaining a non-intimate sample without consent.

13A. Notice to attend for giving a DNA sample.
14. Taking a repeat non-intimate sample.
15. Requirement for certain persons to give non-intimate sample.
16. Non-intimate sample to be taken from deported citizens.

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17. Missing persons, deceased persons and crime scenes.
18. Complainants.
19. Conditions for taking an intimate sample.
20. Right of child or incapable person to have representative present.
21. Use of force.

PART V
PROCEDURE FOR TAKING NON-INTIMATE AND
INTIMATE SAMPLES AND POST COLLECTION

PROCEDURES
22. Dealing with a DNA sample.
23. Storage and delivery of package.

23A. DNA Record.
24. Duties of forensic DNA analyst.
25. Retention of sample.
26. Expungement of profile in certain circumstances.

PART VI
MISCELLANEOUS

27. Arrangement with foreign governments to share DNA data.
28. Immunity.
29. Disclosure and confidentiality.
30. Offences.
31. Refusal or obstruction when sample is being taken.
32. Post-conviction forensic analysis.
33. Documentary evidence.
34. Regulations.
35. Power to amend Schedules.
36. Validation.
37. Repeal of Act No. 24 of 2007.
38. Savings.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.

ARRANGEMENT OF SECTIONS—Continued
SECTION

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CHAPTER 5:34

ADMINISTRATION OF JUSTICE
(DEOXYRIBONUCLEIC ACID) ACT

An Act to repeal and replace the Deoxyribonucleic Acid
(DNA) Act, No. 24 of 2007.

[10TH MAY 2012]

WHEREAS it is enacted inter alia by section 13(1) of the
Constitution that an Act of Parliament to which this section
applies may expressly declare that it shall have effect even
though inconsistent with sections 4 and 5 of the Constitution and,
if any such Act does so declare, it shall have effect accordingly:

And whereas it is provided by section 13(2) of the
Constitution that an Act of Parliament to which this section
applies is one the Bill for which has been passed by both Houses
of Parliament and at the final vote thereon in each House has
been supported by the votes of not less than three-fifths of all
members of that House:

And whereas it is necessary and expedient that the provisions
of this Act shall have effect even though inconsistent with
sections 4 and 5 of the Constitution:

PART I
PRELIMINARY

1. This Act may be cited as the Administration of Justice
(Deoxyribonucleic Acid) Act.

2. This Act shall have effect even though inconsistent with
sections 4 and 5 of the Constitution.

3. This Act applies to the investigation and prosecution of
offences committed before, on or after the coming into operation
of this Act.

5 of 2012.

Commencement.

Preamble.

Short title.

Act inconsistent
with the
Constitution.

Application.

Administration of Justice

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4. For the purposes of this Act and where the context so
requires—
“accused” means a person who is charged with an offence;
“buccal swab” means a swab taken from the inner cheek of a

person to collect epithelial cells;
“Central Authority” means the person or authority designated as

the Central Authority for Trinidad and Tobago in
accordance with section 3 of the Mutual Assistance in
Criminal Matters Act;

“child” means a person under the age of eighteen years;
“complainant” means a person against whom an alleged sexual

offence has been committed;
“Court” means a Court of competent jurisdiction;
“crime scene” includes—

(a) any place where an offence was committed;
(b) anything found on or any foreign object

found within the body or any part of the body
of the victim;

(c) anything worn or carried by the victim at the
time when an offence was committed;

(d) anything found on or any foreign object
found within the body or any part of the body
of a suspect;

(e) anything found at any place associated with the
commission of an offence; or

(f) any location where evidence may be derived in
relation to an offence;

“Custodian” means a person appointed under section 8;
“detainee” means a person who is lawfully held in custody;
“DNA” means deoxyribonucleic acid;
“DNA data” means information obtained from the Forensic

DNA Databank;
“DNA profile” means a profile of the DNA of a person

obtained through forensic DNA analysis and includes a
partial profile;

Interpretation.
[11 of 2014].

Ch. 11:24.

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“DNA Record” means a record either in textual or electronic
format, that is kept in every place or institution which
collects DNA samples, containing a record of every sample
taken;

“exonerated”, in relation to a person, means—
(a) a person who has been found not guilty by a

Court at trial in relation to a particular offence;
(b) a person who was charged with an offence and

had his charges dismissed in relation to that
particular offence; or

(c) a person who has been otherwise discharged from
criminal liability in relation to a particular offence;

“forensic DNA analysis” means the analysis of genetic material
in order to determine a DNA profile for the purposes of
criminal proceedings;

“forensic DNA analyst” means a person who conducts forensic
DNA analysis on behalf of the Trinidad and Tobago
Forensic Science Centre;

“Forensic DNA Databank” means the databank established
under section 7;

“incapable person” means a person who by reason of his
physical or mental condition is unable to—

(a) indicate whether he consents or does not
consent; or

(b) understand the implications of consenting or
not consenting,

to the giving of a non-intimate or an intimate sample;
“insufficient”, in relation to a sample, means insufficient in

respect of quantity for the purpose of obtaining a DNA
profile by means of forensic DNA analysis;

“intimate sample” means a specimen of venous blood, or
biological or other material taken from—

(a) any part of a person’s genitals; or
(b) a person’s bodily orifice other than the mouth;

“investigating officer” means any officer involved in the
investigation of an offence;

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“juvenile residential facility” means St. Michael’s School for
Boys, St. Jude’s School for Girls, Youth Training Centre or
any other secured residential institution or part thereof
designated for children;

“Minister” means the Minister to whom responsibility for
forensic science services is assigned;

“non-intimate sample” means a specimen of—
(a) blood obtained by a pin prick;
(b) epithelial cells obtained by means of a buccal

swab;
(c) plucked hair; or
(d) saliva;

“police officer” has the meaning assigned to it in section 3 of the
Police Service Act;

“private security officer” means a person licensed under any
written law to provide security services including—

(a) static or patrol services;
(b) property for hire;
(c) private investigations;
(d) immobilisation of vehicles;
(e) carrying out duties of selling, installing,

repairing or servicing any electronic or
mechanical security systems; or

(f) monitoring or surveillance services,
to safeguard the physical welfare of any person, property
or asset;

“Protective Services” has the meaning assigned to it in section 2
of the Protective Services (Compensation) Act;

“qualified person” means—
(a) a registered medical practitioner under the

Medical Board Act;
(b) an advanced practice nurse registered under

Part II of the Nursing Personnel Act; or
(c) a person registered under Part II or Part III of

the Nursing Personnel Act, acting under the
supervision of a registered medical practitioner;

Ch. 15:01.

Ch. 23:60.

Ch. 29:50.

Ch. 29:53.

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Official
forensic DNA
laboratory.
[11 of 2014].

“representative” in relation to a child or incapable person
means—

(a) a parent or legal guardian;
(b) any person over the age of eighteen years who

has the custody, charge or care of the child or
incapable person;

(c) an Attorney-at-law;
(d) a qualified social worker;
(e) a representative of the Children’s Authority; or
(f) a person appointed by the Court;

“sample” means a non-intimate or intimate sample;
“search”, in relation to a person’s sample, means a check against

DNA profiles under the Forensic DNA Databank;
“stain” means a residue of bodily fluid or biological material

which may or may not be readily visible to the naked eye;
“suspect” means a person whom the police have reasonable

grounds for believing—
(a) is about to commit an offence; or
(b) may have committed an offence, and who is

being investigated by the police in relation to
that offence;

“unsuitable”, in relation to a sample, means deficient in respect
of quality for the purpose of obtaining a DNA profile by
means of forensic DNA analysis.

PART II

FORENSIC DNA LABORATORIES
5. (1) The Trinidad and Tobago Forensic Science

Centre shall be the official forensic DNA laboratory for
Trinidad and Tobago.

(2) The Trinidad and Tobago Forensic Science Centre
shall have custody of and control over all DNA samples.

(3) For the purposes of this Act, a register to be known
as “the DNA Register” shall be established by the Trinidad and
Tobago Forensic Science Centre.

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6. The Government may, for the purpose of obtaining
forensic DNA services, enter into an agreement with a laboratory
that is—

(a) accredited by an international accrediting body
listed in the First Schedule; and

(b) approved by the Minister by Notification.
PART III

THE NATIONAL FORENSIC DNA DATABANK OF
TRINIDAD AND TOBAGO

7. (1) There shall be a DNA databank to be known as “the
National Forensic DNA Databank of Trinidad and Tobago”
which shall comprise an electronic or other collection of DNA
profiles attributed to individuals or crime scenes.

(2) Subject to section 26, DNA profiles stored in the
Forensic DNA Databank shall be kept indefinitely.

8. (1) There shall be a Custodian of the Forensic DNA
Databank who shall be a public officer and shall be responsible
for receiving and storing all DNA profiles—

(a) from the Trinidad and Tobago Forensic Science
Centre; or

(b) submitted to the Government pursuant to an
agreement under section 6,

and for carrying out searches against the Forensic DNA
Databank.

(2) There shall be a Deputy Custodian of the Forensic
DNA Databank who shall—

(a) be a public officer; and
(b) in the absence or incapacity of the Custodian,

act in his place.
(3) The Custodian shall be provided with—

(a) adequate staff; and
(b) funding, as may be appropriated by Parliament,

to assist in the performance of his functions and duties.

Co-operation
with accredited
laboratories.

First Schedule.

DNA profiles
may be kept
indefinitely in
Forensic DNA
Databank.

Appointment of
Custodian and
Deputy
Custodian.

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9. (1) Without prejudice to the power of the Public Service
Commission to make an appointment to the office of Custodian
or Deputy Custodian, where prior to the making of the first
appointment, after the Act comes into operation, the exigencies
of service require a person to perform functions related to that
office, the Minister may engage a person on contract, in order to
secure the interests of the Forensic DNA Databank.

(2) The engagement of a person on contract under
subsection (1) shall be in accordance with the guidelines for
contract employment established by the Chief Personnel Officer.

10. (1) The Custodian shall—
(a) maintain the Forensic DNA Databank;
(aa) have sole custody and control of the Forensic

DNA Databank;
(ab) have sole custody of all DNA profiles received

by him for uploading unto the Forensic DNA
Databank;

(ac) determine the suitability of DNA profiles for
uploading onto the Forensic DNA Databank;

(b) conduct searches against the forensic DNA
Databank;

(c) ensure that DNA data is securely stored and
remains confidential;

(d) perform such functions and duties as may be
required of him under this Act or any other
written law,

and in the exercise of such functions, act independently.
(2) The Custodian or any person acting under and in

accordance with his general or special instructions under
subsection (3) shall be deemed to be a Government expert for the
purposes of the Evidence Act.

(3) The functions of the Custodian under this section
may be exercised by him in person or through other persons acting
under and in accordance with his general or special instructions.

Transitional.

Functions and
duties of
Custodian.
[11 of 2014].

Ch. 7:02.

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11. (1) The Custodian shall, within three months after the
end of each calendar year, submit an annual report of his
operations to the Minister.

(2) The Minister shall cause the report referred to in
subsection (1) to be laid in Parliament within one month of his
receipt of the report or as soon as practicable thereafter, but not
later than six months after receipt.

PART IV

OBTAINING NON-INTIMATE AND INTIMATE SAMPLES
12. A person may volunteer to give a sample for forensic

DNA analysis and shall for that purpose complete and submit the
form set out as Form 1 in the Second Schedule.

13. (1) Subject to subsection (2), a police officer or
qualified person shall take a non-intimate sample from a person
without his consent where—

(a) the person is a suspect, detainee or accused;
(b) a stain derived from a crime scene exists and

there are reasonable grounds for suspecting that
that person was involved in the offence and for
believing that forensic DNA analysis could
confirm or disprove such suspicion;

(c) the person has had a non-intimate sample taken
and that sample—
(i) has proved to be either unsuitable or

insufficient for forensic DNA analysis;
(ii) is lost or destroyed; or
(iii) cannot be used for any other reason; or

(d) the person is not a victim of an offence, attends
a crime scene and is required by an investigating
officer to give a non-intimate sample.

(2) No one other than a qualified person shall take a
non-intimate sample from a person without his consent where—

(a) the person is—
(i) admitted to a hospital; and

Report.

Persons may
volunteer to
give a sample.
Form 1.
Second
Schedule.
Obtaining a
non-intimate
sample without
consent.
[11 of 2014].

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(ii) suspected, accused or convicted of an
offence;

(b) the person is detained in a prison or other
institution to which the Prisons Act applies;

(c) the person is an incapable person who is—
(i) admitted to a psychiatric hospital in

accordance with the Mental Health Act; and
(ii) suspected, accused or convicted of an

offence; or
(d) the person falls under the supervision of a

juvenile residential facility and has been
charged with or convicted of a criminal offence.

(3) A sample under subsection (2)(c) shall be taken in
the presence of a witness who shall certify having witnessed
the taking of the sample in the form set out as Form 1A in the
Second Schedule.

13A. Where a police officer is required to serve a
summons on a person to appear before a Court as a defendant in
a criminal case, the police officer may also serve on the person a
Notice requiring that person to attend on such date and time and
at such place as specified in the Notice for the purpose of giving
a DNA sample.

14. (1) Where a repeat non-intimate sample is to be taken
under section 13(1)(c), a police officer shall cause a notice to be
served personally on the person from whom the non-intimate
sample is to be taken or in the case of a child or an incapable
person, on his representative.

(2) A person, other than a person referred to in
subsection (6), who is given notice in accordance with
subsection (1) shall, within twenty-four hours of the time of
personal service, attend a police station.

(3) A notice given under this section shall be in the form
set out as Form 2 in the Second Schedule.

(4) A police officer may arrest without warrant any
person referred to under subsection (2) who fails to comply with
the notice.

Ch. 13:01.

Ch. 28:02.

Form 1A.
Second
Schedule.
Notice to attend
for giving a
DNA sample.
[11 of 2014].

Taking a repeat
non-intimate
sample.
[11 of 2014].

Form 2.
Second
Schedule.

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(5) A person arrested under subsection (4) shall be
released immediately after the taking of the repeat non-intimate
sample, provided there is no other reason for which he could be
lawfully detained.

(6) A repeat non-intimate sample shall, within twenty-
four hours of the time of personal service of the notice, be taken
by a qualified person from a person without his consent where—

(a) the person is—
(i) admitted to a hospital; and
(ii) suspected, accused or convicted of an

offence;
(b) the person is detained in a prison or other

institution to which the Prisons Act applies;
(c) the person is an incapable person who is—

(i) admitted to a psychiatric hospital in
accordance with the Mental Health
Act; and

(ii) suspected, accused or convicted of an
offence; or

(d) the person falls under the supervision of a
juvenile residential facility and has been
charged with or convicted of a criminal offence.

(7) A sample under subsection (6)(c) shall be taken in
the presence of a witness who shall certify having witnessed the
taking of the sample in the form set out as Form 1A in the Second
Schedule.

15. (1) A non-intimate sample shall be taken from a person
specified in the Third Schedule without his consent.

(2) A person specified in the Fourth Schedule shall
make arrangements for the taking of a non-intimate sample by a
qualified person, from a person specified in the Third Schedule.

(3) The Minister may by Order, subject to negative
resolution of Parliament, amend the Third Schedule and the
Fourth Schedule.

16. (1) Where a citizen of Trinidad and Tobago is
deported from any place from outside of Trinidad and Tobago,

Ch. 13:01.

Ch. 28:02.

Form 1A.
Second
Schedule.

Requirement
for certain
persons to give
non-intimate
sample.
Third Schedule.
[11 of 2014].

Third Schedule.
Fourth Schedule.

Non-intimate
sample to be
taken from
deported
citizens.
[11 of 2014].

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a non-intimate sample shall be taken from that citizen without
his consent upon his arrival in Trinidad and Tobago by a
qualified person at any port of entry.

(2) Where a person who is not a citizen of Trinidad and
Tobago is detained under the Immigration Act, a non-intimate
sample shall be taken from him without his consent by a
qualified person.

(3) For the purpose of this section, “citizen of Trinidad
and Tobago” and “port of entry” have the meanings respectively
assigned to them by the Immigration Act.

17. (1) Where a person is reported missing, a police officer
may collect and submit for forensic DNA analysis—

(a) any item belonging to or used by the missing
person; or

(b) any sample by which a familial relationship to
the missing person may be determined.

(2) A qualified person may take and submit for forensic
DNA analysis any biological or other material from the body of
a deceased person.

(3) A police officer, qualified person, appropriately
trained staff of the Trinidad and Tobago Forensic Science Centre
or a first responder trained in crime scene sample collection may
collect and submit for forensic DNA analysis anything
attributable to a crime scene.

18. (1) Where a report of the alleged commission of a
sexual offence is made a police officer shall, without delay, make
arrangements for a qualified person to examine the complainant.

(2) Subject to subsection (3), where a complainant is
medically examined by a qualified person in the course of an
investigation of a sexual offence, the qualified person may take
a sample from the complainant with consent.

(3) Where a complainant is a child or an incapable
person, a qualified person shall obtain the consent of the
representative of that child or incapable person for the taking of
a sample.

Ch. 18:01.

Missing
persons,
deceased
persons and
crime scenes.
[11 of 2014].

Complainants.

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(4) A qualified person who proposes to take a sample
from a complainant shall—

(a) obtain the consent of the complainant or his
representative in the form set out as Form 3 in
the Second Schedule before the sample is taken;

(b) inform the complainant or his representative
that the sample may be the subject of a search
and that his DNA profile will be stored in the
Forensic DNA Databank; and

(c) inform the complainant or his representative of
his right to withdraw his consent before the
sample is taken.

(5) Where the complainant or his representative has
consented to the taking of a sample, he may withdraw his
consent in the form set out as Form 3 in the Second Schedule.

19. A qualified person who takes an intimate sample from a
person shall ensure that—

(a) it is taken in circumstances affording reasonable
privacy to the person from whom the sample is
being taken;

(b) it is taken in the presence or view of a person
who is of the same sex as the person from
whom the sample is being taken and, where the
person from whom the sample is being taken so
requests in writing, in the presence of a
specified person of the opposite sex;

(c) it is not taken in the presence or view of a
person whose presence is not necessary for the
purpose of taking the intimate sample;

(d) the taking of the sample does not involve the
removal of more clothing than is necessary;

(e) the taking does not involve more visual
inspection than is necessary; and

(f) the procedure is carried out in a manner
consistent with appropriate medical or other
relevant professional standards.

Form 3.
Second
Schedule.

Form 3.
Second
Schedule.
Conditions for
taking an
intimate
sample.

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20. (1) Where a sample is to be taken from a child or
incapable person under this Act, the sample shall not be taken
unless the representative of the child or incapable person is
present when the sample is being taken.

(2) Where a sample is taken under subsection (1), the
person taking the sample shall complete and submit the form set
out as Form 6 in the Second Schedule.

21. (1) A person authorised under this Act to take a
sample, or a person assisting such a person, may use reasonable
force to take and protect the sample.

(2) Subsection (1) shall not apply where a sample is to
be taken from a complainant.

PART V
PROCEDURE FOR TAKING NON-INTIMATE AND
INTIMATE SAMPLES AND POST COLLECTION

PROCEDURES
22. A police officer or qualified person who takes a sample

from a person under this Act shall—
(a) place the sample in a container;
(b) seal and label the container with an

identifying mark;
(c) place the container in a package;
(d) seal the package; and
(e) label the package with the same identifying

mark that is shown on the label affixed to the
container.

23. (1) A person who takes a sample under this Act shall—
(a) as soon as practicable, submit the sample to the

Trinidad and Tobago Forensic Science Centre
for forensic DNA analysis;

(b) ensure that between the time the sample is taken
and the time of delivery to the Trinidad and
Tobago Forensic Science Centre, the package
containing the sample is properly stored; and

Right of child
or incapable
person to have
representative
present.
[11 of 2014].

Second
Schedule.

Use of force.

Dealing with a
DNA sample.

Storage and
delivery of
package.
[11 of 2014].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

18 Chap. 5:34 (Deoxyribonucleic Acid)
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LAWS OF TRINIDAD AND TOBAGO

(c) complete the form set out as Form 4 in the
Second Schedule.

(2) A person who receives the package containing the
sample at the Trinidad and Tobago Forensic Science Centre for
forensic DNA analysis shall—

(a) ensure that the package is properly sealed,
labelled and identifiable both by him and the
person who delivers the package; and

(b) record such information as may be prescribed
by Regulations.

23A. (1) In every place or institution where DNA samples are
collected, a record entitled “DNA Record” shall be kept in which
it shall be recorded every instance in which a sample is taken at
such place or institution.

(2) The procedures for the keeping of the DNA Record
shall be prescribed by Regulations.

24. (1) A forensic DNA analyst who conducts a forensic
DNA analysis shall prepare and submit a certificate of analysis
in accordance with subsections (2), (2A) and (2B).

(2) Where a certificate of analysis is prepared in respect
of any matter which is under investigation or before a Court and
that sample was taken and submitted by a police officer, a
forensic DNA analyst shall submit that certificate of analysis to
the relevant investigating officer.

(2A) A forensic DNA analyst shall submit a certificate of
analysis that is prepared in respect of a sample taken—

(a) by a qualified person; and
(b) in relation to a matter under investigation or

before the Court,
to the relevant investigating police officer, the Court or the
relevant parties before the Court and a copy of the certificate of
analysis shall be submitted to the relevant qualified person.

Form 4.
Second
Schedule

DNA Record.
[11 of 2014].

Duties of
forensic DNA
analyst.
[11 of 2014].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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Administration of Justice

(2B) A forensic DNA analyst shall submit a
certificate of analysis that is prepared in respect of a sample
taken—

(a) for the purpose of applying for employment as
a person listed in the Third Schedule; or

(b) from a person specified in the Third Schedule,
to the Custodian, who shall keep all certificates of analysis
received by him strictly confidential and secured, unless he is
required to disclose that certificate of analysis, pursuant to any
written law or Order of the Court.

(3) A forensic DNA analyst shall submit a DNA profile
obtained by him through forensic DNA analysis to the Custodian
for storing in the Forensic DNA Databank.

(4) A Forensic DNA analyst shall be deemed to be a
Government expert for the purposes of the Evidence Act.

25. (1) Subject to subsections (2), (3) and (4), where a
sample is not destroyed during forensic DNA analysis, the
Trinidad and Tobago Forensic Science Centre shall keep the
sample for a minimum period of five years from the date on
which the analysis was completed and thereafter the sample may
be destroyed.

(2) Notwithstanding subsection (1), a Court may order
that a non-intimate or intimate sample that has been taken under
this Act, shall not be destroyed, if the Court is satisfied that the
sample might reasonably be required for the investigation or
prosecution of an offence or for the purposes of an appeal.

(3) Notwithstanding subsection (1), the Trinidad and
Tobago Forensic Science Centre shall, within three months after
the end of each calendar year, provide the Commissioner of
Police and the Director of Public Prosecutions with a list of any
samples which it proposes to destroy.

(4) Where the Commissioner of Police after consultation
with the Director of Public Prosecutions does not object to the
destruction of a sample on a list referred to in subsection (3)
within three months of receiving the list, the Trinidad and Tobago
Forensic Science Centre shall destroy the sample.

Third Schedule.

Ch. 7:02.

Retention of
sample.
[11 of 2014].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

20 Chap. 5:34 (Deoxyribonucleic Acid)
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LAWS OF TRINIDAD AND TOBAGO

26. (1) Notwithstanding section 7(2), where the
Commissioner of Police, after consultation with the Director of
Public Prosecutions, is of the view that the DNA profile of a
complainant is no longer necessary in relation to a matter under
investigation or before the Court he shall, in writing, notify the
complainant or, where the complainant is a child or an incapable
person, his representative, of the decision to expunge the DNA
profile from the Forensic DNA Databank.

(2) A complainant or his representative shall, within
three months of the date of the notification under subsection (1),
indicate in writing to the Commissioner of Police whether he
objects to the expungement of his DNA profile from the Forensic
DNA Databank.

(3) Where a complainant or his representative fails to
indicate, after the expiration of three months from the date of
the notification, whether he has an objection to the
expungement of his DNA profile from the Forensic DNA
Databank, the Commissioner of Police shall, in writing, inform
the Custodian of the Forensic DNA Databank that the DNA
profile may be expunged.

(4) Where the Custodian is informed, pursuant to
subsection (3), that the retention of a complainant’s DNA profile
is no longer necessary, he shall take the necessary steps to have
the DNA profile expunged from the Forensic DNA Databank.

(5) Notwithstanding section 7(2) and subject to
subsections (6) and (7), a complainant or, where the complainant
is a child or an incapable person, his representative, may apply
to the Commissioner of Police to have his DNA profile expunged
from the Forensic DNA Databank.

(6) Where an application is made under subsection (5)
for a DNA profile to be expunged from the Forensic DNA
Databank and the Commissioner of Police, after consultation
with the Director of Public Prosecutions, is of the view that the
DNA profile of that complainant should not be expunged on the
grounds that it is needed in relation to a matter under
investigation or before the Court he shall, in writing, inform the
complainant or his representative that the DNA profile will not
be expunged on the grounds that it is needed in relation to a
matter under investigation or before the Court.

Expungement
of profile in
certain
circumstances.
[11 of 2014].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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(7) Where an application is made under subsection (5)
for a DNA profile to be expunged from the Forensic DNA
Databank and the Commissioner of Police, after consultation
with the Director of Public Prosecutions, is of the view that the
DNA profile of the complainant is no longer necessary in
relation to a matter under investigation or before the Court he
shall, in writing, inform the Custodian of the Forensic DNA
Databank that the profile may be expunged.

(8) Where the Custodian is informed, pursuant to
subsection (7), that the retention of a complainant’s DNA profile
is no longer necessary, he shall—

(a) take the necessary steps to have the DNA
profile expunged from the Forensic DNA
Databank; and

(b) notify the Commissioner of Police, in writing,
that the complainant’s DNA profile has been
expunged.

(9) The Commissioner of Police, on receiving the
notification referred to in subsection (8) from the Custodian of
the Forensic DNA Databank, shall inform the complainant, in
writing, that his DNA profile has been expunged from the
Forensic DNA Databank.

(10) Notwithstanding section 7(2), where a sample is
taken from a child, the Custodian shall cause the DNA profile
derived from that sample to be expunged from the Forensic DNA
Databank after the expiration of ten years from the date on which
the profile was generated.

(11) Notwithstanding section 7(2), where a sample is
taken from a person who is exonerated, the DNA profile derived
from that sample shall be destroyed and expunged from the
Forensic DNA Databank, after the expiration of twenty years
from the date of exoneration.

(12) Notwithstanding the destruction of a sample under
section 25, where a DNA profile is retained from the period of
the destruction of the sample to the twenty-year period at
subsection (11), the profile is deemed to be the profile related to
the sample destroyed and the profile may be used as evidence in
any matter involving the person to whom the profile relates.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

22 Chap. 5:34 (Deoxyribonucleic Acid)
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LAWS OF TRINIDAD AND TOBAGO

PART VI
MISCELLANEOUS

27. The Government of Trinidad and Tobago may enter into
an arrangement with the government of another country under
which DNA data—

(a) in Trinidad and Tobago, that may be relevant to
the investigation of an offence against the law
of that country, is provided to the appropriate
authority in that country for the investigation of,
or proceedings for, that offence; and

(b) in that country, that may be relevant to the
investigation of an offence in Trinidad and
Tobago, is provided to the Commissioner of
Police for the investigation of, or
proceedings for, that offence.

28. (1) No proceedings, civil or criminal, shall be
brought against a person using reasonable force in respect of
the taking of a non-intimate or an intimate sample in
accordance with this Act.

(2) Subsection (1) shall not apply to any
proceedings on the ground of any negligent act or omission in the
taking of a non-intimate or an intimate sample.

29. (1) The Custodian or a person authorised by him may
disclose DNA data to—

(a) a police officer acting in the course of a
criminal investigation or proceeding;

(b) the person from whom a non-intimate or an
intimate sample was taken or his representative;

(c) a country making a request, which is accepted
by the Central Authority, for mutual assistance
in criminal matters;

(d) a forensic DNA analyst making a request for a
DNA profile;

(e) a person who has obtained an Order of the
Court for disclosure of DNA data;

(f) a Court; or

Arrangement
with foreign
governments to
share DNA
data.

Immunity.

Disclosure and
confidentiality.
[11 of 2014].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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Administration of Justice

(g) a governmental agency, or an educational
institution approved by the Minister for the sole
purpose of research, provided that no personally
identifiable information is disclosed.

(1A) A forensic DNA analyst may disclose findings
contained in certificates of analysis only when required to do so
pursuant to—

(a) an Order of the Court;
(b) this Act; or
(c) any other written law.

(2) A person who discloses DNA data otherwise than in
accordance with subsections (1) and (1A), commits an offence
and is liable on summary conviction to a fine of one hundred
thousand dollars and to imprisonment for seven years.

(3) The Custodian, the Deputy Custodian or any person
employed or assigned duties at the Trinidad and Tobago Forensic
Science Centre shall treat all records and information relating to
DNA data as secret and confidential and shall make and
subscribe to an oath of secrecy to that effect before a Justice of
the Peace in the form set out as Form 5 in the Second Schedule.

30. (1) A person who wilfully and without
authorisation—

(a) gives false information as to the existence of a
DNA profile in the Forensic DNA Databank;

(b) discloses or obtains DNA data or DNA profiles;
(c) breaks the seal of or opens or causes to be

opened any package;
(d) in any manner tampers with or destroys a

sample or the container or package containing a
sample;

(e) adds, deletes or modifies any information in the
Forensic DNA Databank;

(f) falsifies information required under this Act;
(g) gains or attempts to gain access to the Forensic

DNA Databank;

Form 5.
Second
Schedule.
Offences.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

24 Chap. 5:34 (Deoxyribonucleic Acid)
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LAWS OF TRINIDAD AND TOBAGO

(h) gains or gives access to a non-intimate or an
intimate sample;

(i) uses a non-intimate or an intimate sample; or
(j) fails to submit DNA profiles to the Forensic
DNA Databank,

commits an offence and is liable on summary conviction to a
fine of one hundred thousand dollars and to imprisonment for
seven years.

(2) A person who, for the purpose of providing a non-
intimate sample or an intimate sample under this Act,
impersonates any other person, commits an offence and is liable
on summary conviction to a fine of one hundred thousand dollars
and to imprisonment for ten years.

31. Where a person from whom a sample is to be taken
under this Act, other than a complainant, refuses to give a
sample, or otherwise obstructs or resists a police officer or a
qualified person in the exercise of his functions under this Act,
that person commits an offence and is liable on summary
conviction to a fine of ten thousand dollars and to imprisonment
for two years.

32. (1) Where, before the coming into force of this Act,
a person—

(a) was convicted of an offence; or
(b) was convicted of an offence and has filed an

appeal against that conviction or sentence or both,
he may make a request, in writing, to the Commissioner of Police
for forensic DNA analysis.

(2) The Commissioner of Police shall grant a request
under subsection (1) where—

(a) evidence containing DNA material was
collected in connection with the trial and it still
exists; and

Refusal or
obstruction
when sample is
being taken.

Post-conviction
forensic
analysis.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

(Deoxyribonucleic Acid) Chap. 5:34 25

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Administration of Justice

(b) the person referred to in subsection (1)
volunteers to give a sample under section 12.

(3) The Commissioner of Police shall, in writing,
inform a person who makes a request under this section of his
decision to grant or deny the request within one month of
receiving the request.

(4) Where the Commissioner of Police grants a request
under this section, he shall make arrangements for the carrying
out of the forensic DNA analysis requested as soon as practicable.

33. (1) In any criminal proceedings a document
purporting to contain information required to be recorded under
this Act, is admissible as evidence of the facts and opinion
stated in it without proof of the signature or appointment of the
person who recorded the information, unless the Court, acting
ex propio motu or at the request of a party to the proceedings,
requires that person to be called as a witness.

(2) The Court is not bound to require the
attendance of that person as a witness if the Court is of the
opinion that the request for such attendance is frivolous or
vexatious or made for the purpose of delaying or defeating the
ends of justice.

34. (1) The Minister may make Regulations for the purpose
of giving effect to this Act.

(2) Regulations made under subsection (1) are subject
to affirmative resolution of Parliament.

35. The Minister may by Order amend the First and Second
Schedules.

36. Every act or thing done by the Trinidad and Tobago
Forensic Science Centre under the purported authority of the
Deoxyribonucleic Acid (DNA) Act, repealed by this Act, that
would have been lawfully done if the Trinidad and Tobago

Documentary
evidence.

Regulations.

Power to
amend
Schedules.

Validation.

24 of 2007.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

FIRST SCHEDULE

INTERNATIONAL ACCREDITING BODIES
1. The American Society of Crime Laboratory Directors/Laboratory

Accreditation Board (ASCLD/LAB).

2. Forensic Quality Services—International (FQS-I).

3. The Standards Council of Canada (SCC).

4. The United Kingdom Accreditation Service (UKAS).

26 Chap. 5:34 (Deoxyribonucleic Acid)
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LAWS OF TRINIDAD AND TOBAGO

Forensic Science Centre were deemed to be an approved forensic
DNA laboratory under that Act is hereby validated and declared
to have been lawfully done.

37. The Deoxyribonucleic Acid (DNA) Act, No. 24 of 2007,
is hereby repealed.

38. Nothing in this Act shall affect any action taken or any
samples or DNA profiles obtained under the repealed Act prior to
the coming into force of this Act and any DNA profile obtained
before, on or after the coming into force of this Act from any
crime scene and anything collected or any samples taken
pursuant to the repealed Act, shall be admissible in evidence in
any Court.

Repeal of Act
No. 24 of 2007.

Savings.

Section 6.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

(Deoxyribonucleic Acid) Chap. 5:34 27

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Administration of Justice

SECOND SCHEDULE

FORM 1

REPUBLIC OF TRINIDAD AND TOBAGO

VOLUNTEERING A SAMPLE
Please Note that—

1. Under section 4 of the Administration of Justice (Deoxyribonucleic
Acid) Act—

“intimate sample” means a specimen of venous blood, or biological
or other material taken from—

(a) any part of a person’s genitals; or
(b) a person’s bodily orifice other than the mouth;

“non-intimate sample” means a specimen of—
(a) blood obtained by a pin prick;
(b) epithelial cells obtained by means of buccal swab;
(c) plucked hair; or
(d) saliva.

2. You are not obliged to volunteer your DNA sample.
3. The representative of a child or incapable person shall be present

when any sample is taken.
4. The sample shall be taken in the presence or view of a person who is

of the same sex as the person from whom the sample is being taken.
5. The DNA sample voluntarily given will be analysed to create a DNA

profile and such DNA profile may be checked against other DNA profiles in
the Forensic DNA Databank.

I have read and understand the cautions given above.

Signed ........................................ Date ..............................
Volunteer/Representative

Signed ........................................ Date ..............................
Witness

Section 12.
[11 of 2014].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

28 Chap. 5:34 (Deoxyribonucleic Acid)
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LAWS OF TRINIDAD AND TOBAGO

FORM 1A

REPUBLIC OF TRINIDAD AND TOBAGO

FORM OF WITNESS PRESENT AT THE TAKING OF A
SAMPLE UNDER THE ADMINISTRATION OF JUSTICE

(DEOXYRIBONUCLEIC ACID) ACT, 2012
I, ………………………………………………………………………..……

(Name of witness in block letters)

certify that I was present on the ……….. day of …………, 20………………

together with,………………………………………………………………..
(Name of person taking sample in block letters)

and …………………………………………………………………………….
(Name of person from whom sample taken in block letters)

at……………………………………………………………………………….
(Place at which sample taken)

and did see the said …………………………………………………………..
(Name of person taking sample in block letters)

take a sample from ……………………………………………………………
(Name of person from whom sample taken in block letters)

…………………………..............……… ………...…………………
Name of witness to taking of sample Date

Sections 13 and
14.
[11 of 2014].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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Section 14(3).FORM 2

REPUBLIC OF TRINIDAD AND TOBAGO

NOTICE: TAKING A REPEAT NON-INTIMATE SAMPLE
Notice is hereby given, in accordance with section 14(3) of the

Administration of Justice (Deoxyribonucleic Acid) Act, (“the Act”)

that you, ..............................................................................................................
(Name)

of ........................................................................................................................
(Address)

are required to: [Tick as appropriate]

( ) attend the ....................................................................... Police Station
( ) avail yourself

within twenty-four hours from the date of service of this Notice upon you, for
the purpose of having a repeat non-intimate DNA sample taken from you.

The previous sample taken from you was: [Tick as appropriate]
( ) unsuitable/insufficient for the purpose of obtaining your DNA profile
( ) lost
( ) destroyed
( ) not useable because

............................................................................................................................

............................................................................................................................

Take Notice that section 14(4) of the Act authorises a police officer to arrest
without warrant a person who is not in police custody or imprisoned for failure
to comply with this Notice.

.................................................................................. ........................
Name, Rank and Service Number of Police Officer Date of Service

..................................................................................
Signature of the above-named

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

30 Chap. 5:34 (Deoxyribonucleic Acid)
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LAWS OF TRINIDAD AND TOBAGO

FORM 3

REPUBLIC OF TRINIDAD AND TOBAGO

CONSENT FOR TAKING A SAMPLE FROM A
COMPLAINANT

Please Note that—

1. Under section 4 of the Administration of Justice (Deoxyribonucleic
Acid) Act—

“intimate sample” means a specimen of venous blood or biological
or other material taken from—

(a) any part of a person’s genitals; or
(b) a person’s bodily orifice other than the mouth;

“non-intimate sample” means a specimen of—
(a) blood obtained by a pin prick;
(b) epithelial cells obtained by means of buccal swab;
(c) plucked hair; or
(d) saliva;

“sample” means a non-intimate or intimate sample.

2. You are under no obligation to consent to a sample being taken.

3. If you give consent for a sample to be taken, you may at any time
before the sample is taken, withdraw that consent.

4. Any sample taken will be analysed and may be used as evidence in
a criminal investigation or prosecution.

5. A DNA profile obtained from your sample may be checked against
other DNA profiles in the Forensic DNA Databank. You may apply, pursuant
to section 26, to have your DNA profile expunged from the records of the
Forensic DNA Databank.

6. Only a qualified person is entitled to take a sample from you.
A “qualified person” means—

a registered medical practitioner under the Medical Board
Act, or a person registered under Part II or III of the Nurses
and Midwives Registration Act, acting under the supervision
of a registered medical practitioner.

Section 18.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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A. Consent
I, .................................................................................................................... of

(Name of person/representative giving consent)

............................................................................................................................
(Address)

further to a request being made by......................................................................
(Name of qualified person making request)

hereby consent to the taking of a sample from ..................................................
..................................................... .........................................................
(Signature of person giving consent) (Place where consent is given)

In the presence of:
............................................................................................................................

(Name in block letters and signature of qualified person requesting consent)

at ........................................................................................................................
(Place where consent is given)

Witnessed by .....................................................................................................
Signature of Witness ..........................................................................................
Date ...................................................................................................................

B. Withdrawal of Consent
I, .................................................................................................................... of

(Name of person/representative withdrawing consent)

............................................................................................................................
(Address)

further to giving my consent to section 18(4) of the Act for a sample to be
taken from .........................................................................................................
hereby withdraw my consent.
The reasons for withdrawing my consent are as follows:
............................................................................................................................
............................................................................................................................

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

32 Chap. 5:34 (Deoxyribonucleic Acid)
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LAWS OF TRINIDAD AND TOBAGO

Section 23.
[11 of 2014]. FORM 4

REPUBLIC OF TRINIDAD AND TOBAGO

RECORD OF TAKING OF SAMPLE BY A PERSON AND
CHAIN OF CUSTODY OF SAMPLE

INFORMATION OF PERSON FROM WHOM SAMPLE IS TAKEN

Name: ...............................................................................................................
Address: .............................................................................................................
Date of birth: ......................................................................................................
Gender of the person: .........................................................................................
Type of sample: Non-intimate/Intimate [Tick as appropriate]
Date taken: .........................................................................................................

Signed:

............................................................................................................................
(Signature of person/representative withdrawing consent)

............................................................................................................................
(Place where consent was withdrawn)

In the presence of:

............................................................................................................................
(Name in block letters and signature of qualified person requesting consent)

at ........................................................................................................................
(Place where consent was withdrawn)

Witnessed by .....................................................................................................
Signature of Witness ..........................................................................................
Date ...................................................................................................................

FORM 3—Continued

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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INFORMATION TO BE COMPLETED BY PERSON TAKING SAMPLE

Time and place of taking of the sample: ............................................................
............................................................................................................................
I certify that both the container and the package holding the sample are
labelled and sealed:
............................................................................................................................
The information on the label affixed to the container and the label affixed to
the package:
............................................................................................................................
............................................................................................................................
The nature of the sample: ...................................................................................
[Tick as appropriate]
[ ] Name (in block letters) and signature, rank and service number of police
officer taking sample:
.....................................................................................………………………...
Dated: …………............…………....
[ ] Name (in block letters) and signature, profession and place of employment
of the qualified person taking sample:
.....................................................................................………………………...
Dated: …………............…………....
I certify that I received a container and the package holding the sample which
was labelled and the package was intact and the seal was unbroken:
[ ] Name (in block letters) and signature and profession of officer of the
Trinidad and Tobago Forensic Science Centre receiving sample:
.....................................................................................………………………...
Dated: ……………………................
[ ] Name (in block letters) and signature, profession and place of employment
of any other person having custody of the sample at any time:
.....................................................................................………………………...
Dated:…………………..................

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

34 Chap. 5:34 (Deoxyribonucleic Acid)
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LAWS OF TRINIDAD AND TOBAGO

FORM 5

REPUBLIC OF TRINIDAD AND TOBAGO

OATH OF SECRECY
I ........................................................................, employed at/performing a

function in the office of the Trinidad and Tobago Forensic Science Centre, do
solemnly and sincerely swear that in the performance of my duties and
functions in the service of the Trinidad and Tobago Forensic Science Centre,
pursuant to the Administration of Justice (Deoxyribonucleic Acid) Act, I shall
treat all records and information relating thereto as secret and confidential and
I shall not disclose or communicate to any unauthorised person or allow any
such person to have access to any such record or information.

.............................................
Signature

DECLARED before me this ........................ day of
..................................., 20.......... at the office of the
Trinidad and Tobago Forensic Science Centre.

.....................................................
Justice of the Peace

Section 29(3).

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Section 20.
[11 of 2014].FORM 6

REPUBLIC OF TRINIDAD AND TOBAGO

RECORD OF TAKING OF SAMPLE FROM A CHILD OR
AN INCAPABLE PERSON BY A POLICE OFFICER OR

QUALIFIED PERSON IN THE PRESENCE OF A
REPRESENTATIVE

INFORMATION OF PERSON FROM WHOM SAMPLE IS TAKEN

Name …………………………………………………………..…………….
Address …………………………………………………………...………......
Date of birth ……………………………………………….....……………....
Gender of the person ……………………………………….......…………….
Type of sample: Non-intimate/Intimate [Tick as appropriate]
Person from whom sample is taken [Tick as appropriate]—

[ ] a child
[ ] an incapable person

Date taken ……………………................
In the presence of ………………………………………………......………....

[Name in block letters and signature of representative of
child or incapable person and relationship to child or
incapable person]

INFORMATION TO BE COMPLETED BY PERSON TAKING SAMPLE

I certify that both the container and the package holding the sample are
labelled and sealed:
………………………………………………………………………….……...
The information on the label affixed to the container and the label affixed to
the package:
…………………………………………………………………………………
……………………………………………………….………………………...
…………………………………………………………………………….......

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

36 Chap. 5:34 (Deoxyribonucleic Acid)
Administration of Justice

LAWS OF TRINIDAD AND TOBAGO

The nature of the sample ……………………………….........…………….....
[Tick as appropriate]

[ ] Name (in block letters) and signature, rank and service number of police
officer taking sample:

…………………………………………………………………………………

Dated ……………………................

[ ] Name (in block letters) and signature, profession and place of employment
of the qualified person taking sample:

…………………………………………………………………………………

Dated ……………………................

I certify that I received a container and the package holding the sample which
was labelled and the package was intact and the seal was unbroken:

[ ] Name (in block letters) and signature, profession of officer of the Trinidad
and Tobago Forensic Science Centre receiving sample:

…………………………………………………………………………………

…………………………………………………………………………………

Dated ……………………................

FORM 6—Continued

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

(Deoxyribonucleic Acid) Chap. 5:34 37

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Administration of Justice

THIRD SCHEDULE
A non-intimate sample shall be taken, without consent, from the following

persons in accordance with section 15(1) of the Administration of Justice
(Deoxyribonucleic Acid) Act—
1. A person who is employed, or applies for employment as:

(a) an officer of the Protective Services;
(b) a member of the Municipal Police Service;
(c) a member of the Special Reserve Police;
(d) a constable within the meaning of the Supplemental

Police Act.
(e) a member of the Defence Force;
(f) a Customs Officer of the Customs and Excise Division;
(g) an Immigration Officer of the Immigration Division; or
(h) a private security officer.

2. A person who is employed or assigned duties at the Trinidad and Tobago
Forensic Science Centre and who is engaged in the collection or the receipt of
samples or the conduct of forensic DNA analysis.

Section 15(1).
[11 of 2014].

Ch. 15:02.

Section 15.
[11 of 2014].FOURTH SCHEDULE

A non-intimate sample shall be taken by a qualified person, from a person
specified in the Third Schedule, on the authority of the following persons in
accordance with section 15(2) of the Administration of Justice
(Deoxyribonucleic Acid) Act:

(a) the Commissioner of Police, in respect of the—
(i) police service;
(ii) special reserve police; and
(iii) supplemental police;

(b) the Chief Fire Officer, in respect of the Fire Service;
(c) the Commissioner of Prisons, in respect of the Prison

Service;
(d) the Chief Officer, in respect of the Municipal Police Service;
(e) the Chief of Defence Staff, in respect of the Defence Force;
(f) the Comptroller of Customs, in respect of the Customs and

Excise Division;
(g) the Chief Immigration Officer, in respect of the Immigration

Division; and
(h) the employer, in respect of a private security officer.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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