Bail—5.0
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–8 ..
9–18 ..
19–32 ..
Act
18 of 1994
Amended by
19 of 2005
*‡32 of 2005
*30 of 2006
*10 of 2007
*15 of 2007
*25 of 2007
*17 of 2008
*9 of 2011
*11 of 2011
†1 of 2014
*See Note on page 2
†See Note on page 3
‡See Appendix on page 23
LAWS OF TRINIDAD AND TOBAGO
CHAPTER 4:60
BAIL ACT
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note on Section 20
The Third Schedule has been omitted from this edition as the amendments listed therein
have been incorporated into the respective Acts.
For the Third Schedule See Act No. 18 of 1994.
Note on Act No. 32 of 2005
Act No. 32 of 2005 amended the Bail Act as follows:
(a) by inserting two new subsections [i.e., subsection (4) and subsection (5)] to
section 5;
(b) by inserting after section 5 a new section 5A;
(c) by repealing and replacing Part II of the First Schedule and also by adding
a new Part III to the First Schedule.
Section 7 of Act No. 32 of 2005, however, stipulated that the said Act No. 32 of 2005 shall
continue in force for a period of one year (i.e., from 22nd December 2005 to 21st December 2006).
Note—By Act No. 30 of 2006, Act No. 10 of 2007, Act No. 15 of 2007 and Act No. 25
of 2007, the provisions of Act No. 32 of 2005 continued in force to
19th September 2008.
Note on Act No. 17 of 2008
Act No. 17 of 2008 amended the Bail Act by substantially re-enacting the provisions of
Act No. 32 of 2005 but with minor changes to subsection 5(4) and the Schedule.
By section 7, Act No. 17 of 2008 would continue in force for a period of 5 years from the
date of its commencement (i.e., from 19th September 2008 to 20th September 2013).
Act No. 17 of 2008 is contained in an Appendix to this Act.
Note on Acts Nos. 9 and 11 of 2011
Act No. 9 of 2011 amended section 5A of the Bail Act while Act No. 11 of 2011 amended
inter alia section 5 and the First Schedule of the Act. These amendments together with
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those contained in Act No. 17 of 2008 would continue in force for a period of five years
from the date of the commencement of Act No. 11 of 2011 (i.e. from 15th August 2011 to
14th August 2016) by virtue of sections 8 and 9 of Act No. 11 of 2011, and are contained
in an Appendix to the Act.
See Appendix for those sections of the Act amended by Act No. 17 of 2008, Act No. 9
of 2011 and Act No. 11 of 2011 which came into force on 15th August 2011
(LN 158/2011).
Note on Act No. 1 of 2014
Act No. 1 of 2014 further amended section 5 and the First Schedule. These amendments
are also contained in the Appendix to the Act and would expire on 15th August 2016.
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CHAPTER 4:60
BAIL ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Act inconsistent with sections 4 and 5 of the Constitution.
3. Interpretation.
4. Application of Act.
5. Eligibility for bail.
6. Circumstances in which bail may be denied.
6A. Appeals.
7. Restrictions on conditions of bail.
8. Record of decision as to bail.
9. Court to give reasons for granting or refusing bail.
10. Accused to be informed of his right to apply to High Court for bail.
11. Power of High Court to grant, refuse or vary conditions of bail.
11A. Right of appeal.
12. General provisions relating to bail.
13. Offence of absconding by person released on bail.
14. Penalty for absconding.
15. Liability to arrest for absconding or breaking conditions of bail.
16. Bail with surety.
17. Forfeiture of security or recognisance.
18. Offence of agreeing to indemnify surety in criminal proceedings.
19. Offence to stand surety on consideration of property being used as
security.
20. Amendments.
21. Saving.
FIRST SCHEDULE.
SECOND SCHEDULE.
APPENDIX.
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18 of 1994.
Commencement.
Preamble.
Short title.
Act inconsistent
with sections 4
and 5 of the
Constitution.
Ch. 1:01.
Interpretation.
CHAPTER 4:60
BAIL ACT
An Act to amend the law relating to release from custody of
accused persons in criminal proceedings and to make
provision for legal aid for persons kept in custody and
for connected purposes.
[15TH SEPTEMBER 1994]
WHEREAS it is enacted by section 13(1) of the Constitution that an
Act of Parliament to which that section applies may expressly
declare that it shall have effect even though inconsistent with
sections 4 and 5 of the Constitution and, if any Act does so
declare, it shall have effect accordingly:
And Whereas it is provided in section 13(2) of the Constitution
that an Act of Parliament to which that 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 the members of that House:
And Whereas it is necessary and expedient that the provisions
of this Act shall have effect notwithstanding sections 4 and 5 of
the Constitution:
1. This Act may be cited as the Bail Act.
2. This Act shall have effect even though inconsistent with
sections 4 and 5 of the Constitution.
*3. (1) In this Act—
“bail in criminal proceedings” means—
(a) bail grantable in or in connection with
proceedings for an offence to a person who is
accused or convicted of the offence; or
(b) bail grantable to a person who is under arrest or
for whose arrest a warrant endorsed with a
direction for bail is issued;
*See Appendix for amendments to this section and also Note with respect to Acts Nos. 9 and 11
of 2011 on page 2.
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Ch. 4:20.
Ch. 12:04.
Application of
Act.
Ch. 12:04.
“child” means a person under the age of fourteen years;
“conviction” includes—
(a) a finding of guilt;
(b) a finding that a person is not guilty by reason of
insanity; and
(c) a finding under section 66A(1) of the Summary
Courts Act that the person in question did the act
or made the omission charged;
“Court” includes a Judge, a Magistrate, a Justice of the Peace or
a Coroner and, in the case of a specified Court, includes a
Judge or Magistrate or, as the case may be, the Justice
having power to act in connection with proceedings before
that Court;
“proceedings against a fugitive offender” means proceedings
under section 12 of the Extradition (Commonwealth and
Foreign Territories) Act;
“surrender to custody” means in relation to a person released on
bail, surrendering himself into the custody of the Court or of
a police officer, in accordance with the conditions under
which bail was granted, at the time and place appointed for
him to do so;
“vary”, in relation to bail, means imposing further conditions
after bail is granted, or altering or rescinding conditions;
“young person” means a person who has attained the age of
fourteen and is under the age of sixteen.
(2) Where a written law which relates to bail in criminal
proceedings refers to the person bailed appearing before a Court,
it is to be construed, unless the context otherwise requires, as
referring to his surrendering himself into the custody of the Court.
4. This Act applies—
(a) to an offence committed in Trinidad and Tobago
or elsewhere; and
(b) to an extraditable offence under the Extradition
(Commonwealth and Foreign Territories) Act.
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Eligibility for
bail.
Part I.
First Schedule.
Part II.
First Schedule.
Circumstances
in which bail
may be denied.
[19 of 2005].
Ch. 13:51.
Ch. 46:01.
*5. (1) Subject to subsection (2), a Court may grant bail to
any person charged with any offence other than an offence listed
in Part I of the First Schedule.
(2) A Court shall not grant bail to a person who is
charged with an offence listed in Part II of the First Schedule and
has been convicted on three occasions arising out of separate
transactions—
(a) of any offence; or
(b) of any combination of offences,
listed in that Part, unless on application to a Judge he can show
sufficient cause why his remand in custody is not justified.
(3) In calculating the three prior convictions referred to
in subsection (2), only those convictions recorded within the last
ten years shall be taken into account.
6. (1) In this section—
(a) “default”, in relation to the defendant, means a
default for which he is to be dealt with under
section 10 of the Probation of Offenders Act;
(b) references to previous grants to bail in criminal
proceedings include a reference to bail granted
before the coming into operation of this Act;
(c) references to a defendant’s being kept in custody
or being in custody include, where a defendant is
a child or young person, his being kept in a place
of detention provided under Part IV of the
Children Act;
(d) the question whether an offence is one which is
punishable with imprisonment shall be
determined without regard to any enactment
prohibiting or restricting the imprisonment of
young offenders or first offenders.
(2) Where the offence or one of the offences of which the
defendant is accused in the proceedings is punishable with
*SeeAppendix for amendments to this section and also Notes with respect to Acts Nos. 9 and 11
of 2011 and Act No. 1 of 2014 on pages 2 and 3 respectively.
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Ch. 14:01.
imprisonment, it shall be within the discretion of the Court to
deny bail to the defendant in the following circumstances:
(a) where the Court is satisfied that there are
substantial grounds for believing that the
defendant, if released on bail would—
(i) fail to surrender to custody;
(ii) commit an offence while on bail; or
(iii) interfere with witnesses or otherwise
obstruct the course of justice, whether in
relation to himself or any other person;
(b) where the Court is satisfied that the defendant
should be kept in custody for his own protection
or, where he is a child or young person, for his
own welfare;
(c) where he is in custody in pursuance of the
sentence of a Court or any authority acting
under the Defence Act;
(d) where the Court is satisfied that it has not been
practicable to obtain sufficient information for
the purpose of taking the decisions required by
this section for want of time since the institution
of the proceedings against him;
(e) where, having been released on bail in or in
connection with the proceedings for the offence,
he is arrested in pursuance of section 13;
(f) where he is charged with an offence alleged to
have been committed while he was released on
bail; or
(g) where his case is adjourned for inquiries or a
report and it appears to the Court that it would
be impracticable to complete the inquiries or
make the report without keeping him in custody.
(3) In the exercise of its discretion under subsection
(2)(a) the Court may consider the following:
(a) the nature and seriousness of the offence or
default and the probable method of dealing with
the defendant for it;
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Ch. 14:01.
Appeals.
[19 of 2005].
(b) the character, antecedents, associations and
social ties of the defendant;
(c) the defendant’s record with respect to the
fulfilment of his obligations under previous
grants of bail in criminal proceedings;
(d) except in the case of a defendant whose case is
adjourned for inquiries or a report; the strength of
the evidence of his having committed the offence
or having failed to surrender to custody; and
(e) any other factor which appears to be relevant.
(4) Where any offence of which the defendant is
accused or convicted in the proceedings is one which is not
punishable with imprisonment, it shall be within the discretion of
the Court to deny bail in the following circumstances:
(a) where it appears to the Court that, having been
previously granted bail in criminal proceedings,
he has failed to surrender to custody in
accordance with his obligations under the grant
of bail and the Court believes, in view of that
failure, that the defendant, if released on bail,
would fail to surrender to custody;
(b) where the Court is satisfied that he should be kept
in custody for his own protection or, where he is
a child or young person, for his own welfare;
(c) where he is in custody in pursuance of a
sentence of a Court or any authority acting
under the Defence Act;
(d) where, having been released on bail in or in
connection with the proceedings for the offence,
he is arrested in pursuance of section 14.
6A. (1) Where a person—
(a) is convicted by a Magistrates’ Court for an
offence punishable with imprisonment;
(b) appeals; and
(c) is refused or granted bail by the High Court,
that person or the prosecution, as the case may be, may appeal the
decision of the High Court to the Court of Appeal.
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Restrictions on
conditions of
bail.
Ch. 4:20.
Record of
decision as to
bail.
(2) Where an appellant seeks bail under subsection (1),
the Court of Appeal may—
(a) grant bail; or
(b) deny bail if the Court is satisfied that there are
no special circumstances to justify the granting
of bail,
to the appellant.
(3) Where the prosecution appeals a decision of the
High Court to grant bail under subsection (1), the Court of
Appeal may—
(a) dismiss the appeal and uphold the decision of
the High Court;
(b) allow the appeal, revoke the grant of bail and
order that the person be arrested; or
(c) vary the conditions of the bail.
7. (1) Subject to subsection (3), where the defendant is
granted bail, the conditions mentioned in subsections (3) to (6) of
section 12 shall not be imposed unless it appears to the Court that
it is necessary to do so—
(a) for the purpose of preventing the occurrence of
any of the events referred to in section 6;
(b) to enable enquiries or a report to be made into
the defendant’s physical or mental condition.
(2) Subsection (1) also applies to any application to the
Court to vary the conditions of bail or to impose conditions in
respect of bail which has been granted unconditionally.
(3) Nothing in this section shall restrict the Magistrate’s
power under section 66A of the Summary Courts Act to remand
the defendant.
8. (1) Subject to subsection (2), where—
(a) a Court or a police officer grants bail in criminal
proceedings;
(b) a Court refuses bail in criminal proceedings to
an accused person;
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Court to give
reasons for
granting or
refusing bail.
Accused to be
informed of his
right to apply to
High Court for
bail.
(c) a Court or a police officer appoints a time or
place or a Court appoints a different time or
place for a person granted bail in criminal
proceedings to surrender to custody; or
(d) a Court varies any condition of bail or imposes
conditions in respect of bail in criminal
proceedings,
that Court or police officer shall make a record of the decision
and, where requested to do so by the person in relation to whom
the decision was taken, shall cause a copy of the record of the
decision as soon as practicable after the record is made, to be
given to him.
(2) Where bail in criminal proceedings is granted by
endorsing a warrant of arrest, the police officer who releases on bail
the person arrested shall make the record required by subsection (1)
instead of the Judge or Magistrate who issued the warrant.
9. (1) Where a Magistrate’s Court—
(a) grants bail in criminal proceedings over an
objection to bail by or on behalf of the police;
(b) refuses bail in criminal proceedings;
(c) imposes conditions in granting bail in criminal
proceedings; or
(d) varies any conditions of bail,
in relation to an accused person, then the Magistrate shall, in
order to enable the accused person and the police to consider
making an application in the matter to the High Court, give
reasons for granting or refusing bail or for imposing or varying
the conditions.
(2) A Court, which is by virtue of subsection (1)
required to give reasons for its decisions, shall include a note of
those reasons in the record of its decision and shall give a copy
of that note to the police and to the accused person in relation to
whom the decision is taken.
10. Where a Magistrate’s Court inquiring into or trying an offence
alleged to have been committed by a person refuses bail, it shall inform
him that he may apply to the High Court to be granted bail.
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Power of High
Court to grant,
refuse or vary
conditions of
bail.
[19 of 2005].
Right of appeal.
[19 of 2005].
General
provisions
relating to bail.
11. (1) Where a Magistrate’s Court grants or refuses bail in
criminal proceedings or imposes conditions in granting bail in
criminal proceedings, the High Court may, on application by an
accused person or the prosecution, grant or refuse bail or vary
the conditions.
(2) Where the High Court grants bail to an accused
person under subsection (1), it may direct him to appear at a time
and place which the Magistrate’s Court could have directed and
the recognisance of any surety shall be conditioned accordingly.
(3) Where the High Court refuses an accused person bail
under subsection (1) and the accused is not then in custody, the
Court shall issue a warrant for the arrest of the accused, and the
accused shall be brought before a Magistrate’s Court and shall be
remanded in custody.
(4) The powers of the High Court under this section are
without prejudice to the jurisdiction vested in the High Court
under any other law.
11A. (1) Where an application is made to the High Court under
section 11(1) and the High Court refuses or grants the application
or varies the conditions, the accused person or the prosecution, as
the case may be, may appeal that decision to the Court of Appeal.
(2) Where the Court of Appeal hears an appeal under
subsection (1), the Court of Appeal may make any order as it
thinks just.
(3) No appeal shall lie from an order of the Court of
Appeal made under subsection (2).
12. (1) A person granted bail in criminal proceedings shall
surrender to custody.
(2) A Court may require any person applying for bail to
provide, as a condition for bail before his release, a surety to
secure his surrender to custody.
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(3) A Court may further require any person applying for
bail to—
(a) surrender his passport to the Court;
(b) inform the Court if he intends to leave the State;
(c) report at specified times to any police station,
and comply with any requirements as appear to the Court to be
necessary to ensure that—
(i) he surrenders to custody;
(ii) he does not commit an offence while on
bail;
(iii) he does not interfere with witnesses or
otherwise obstruct the course of justice,
whether in relation to himself or any other
person; and
(iv) he makes himself available for the
purpose of enabling inquiries or a report
or any medical examination, to be made
to assist the Court in dealing with him for
the offence.
(4) Where it appears that the applicant for bail is
unlikely to remain in Trinidad and Tobago until the time
appointed for him to surrender to custody, he may be required,
before being released on bail, to give security for his surrender to
custody and the security may be given by him or on his behalf.
(5) Where a parent or guardian of a child or young
person consents to be a surety for the child or young person for the
purposes of this section, the parent or guardian may be required to
ensure that the child or young person complies with any condition
imposed on him by virtue of subsection (3), except that—
(a) no condition shall be imposed on the parent or
the guardian of a young person by virtue of this
subsection where it appears that the young
person will attain the age of sixteen before the
time to be appointed for him to surrender to
custody; and
(b) the parent or guardian shall not be required to
secure compliance with any condition to which
L.R.O. UNOFFICIAL VERSION
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Ch. 4:20.
Offence of
absconding by
person released
on bail.
his consent does not extend and shall not in
respect of those conditions to which his consent
does extend, be bound in a sum greater than two
thousand, five hundred dollars.
(6) Where a Court has granted bail in criminal
proceedings, it may on application—
(a) by or on behalf of the person to whom it was
granted; or
(b) by the prosecutor or a police officer,
vary the conditions of bail or, in respect of bail which it has
granted unconditionally, impose conditions.
(7) This section is subject to section 66A(3) of the
Summary Courts Act.
13. (1) A person who has been released on bail in criminal
proceedings and has failed to surrender to custody is guilty of an
offence unless he has reasonable cause for his failure to surrender
to custody.
(2) A failure to give to a person granted bail in criminal
proceedings a copy of the record of the decision shall not
constitute a reasonable cause for that person’s failure to surrender
to custody.
(3) In any proceedings for an offence under subsection (1),
a document purporting to be a copy of any part of the prescribed
record which relates to the time and place appointed for the person
specified in the record to surrender to custody and duly certified by
the appropriate officer of the Court to be a true copy of that part of
the record shall be evidence of the time and place appointed for that
person to surrender to custody.
(4) For the purposes of subsection (3)—
(a) “prescribed record” means the record of the
decision of the Court, or police officer made in
pursuance of section 8(1);
(b) “duly certified” means certified by the
appropriate officer of the Court or, by the police
officer who took the decision or the police
officer in charge of the police station from
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which the person to whom the record relates was
released; and
(c) “appropriate officer of the Court” means—
(i) in the case of a Magistrate’s Court, the
Clerk of the Peace or such other officer as
may be authorised by a Magistrate to act
for the purpose;
(ii) in the case of the Supreme Court of
Judicature, the Registrar, the Deputy
Registrar, an Assistant Registrar, or such
other officer as may be authorised to act
for the purpose.
14. (1) An offence under section 13(1) is punishable on
summary conviction.
(2) A person who is convicted summarily of any offence
under section 13(1) is liable to imprisonment for two years and to
a fine of three thousand dollars.
15. (1) Where a person who has been released on bail in
criminal proceedings and is under a duty to surrender into the
custody of a Court fails to surrender to custody at the time
appointed for him to do so, the Court may issue a warrant for
his arrest.
(2) Where a person who has been released on bail (in
criminal proceedings) absents himself from the Court without the
leave of the Court, at any time after he has surrendered into the
custody of the Court and before the Court is ready to begin or to
resume the hearing of the proceedings, the Court may issue a
warrant for his arrest.
(3) A person who has been released on bail in criminal
proceedings may be arrested without warrant by a police
officer where—
(a) the police officer has reasonable grounds for
believing that that person is not likely to
surrender to custody;
(b) the police officer has reasonable grounds for
believing that that person has committed or is
about to commit another offence while on bail;
Penalty for
absconding.
Liability to
arrest for
absconding or
breaking
conditions of
bail.
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(c) the police officer has reasonable grounds for
believing that that person is likely to break any
of the conditions of his bail or has reasonable
grounds for suspecting that that person has
broken any of those conditions; or
(d) in the case where that person was released on
bail with a surety, the surety notifies a police
officer in writing that that person is unlikely to
surrender to custody and that for that reason the
surety wishes to be relieved of his obligations as
a surety.
(4) A person arrested in pursuance of subsection (3) shall
be brought as soon as practicable, and in any event within twenty-
four hours after his arrest or at the next sitting of the Court—
(a) before a Magistrate for the district in which he is
arrested; or
(b) where he is arrested within twenty-four hours of
the time appointed for him to surrender to
custody, before the Court at which he is to
surrender to custody.
(5) Where a Magistrate before whom a person is
brought under subsection (4) is of the opinion that that person—
(a) is not likely to surrender to custody;
(b) has committed or was about to commit another
offence; or
(c) has broken or is likely to break any condition of
his bail,
the Magistrate may, subject to subsection (6), remand him in
custody or commit him to custody, as the case may require or,
alternatively, grant him bail subject to the same or different
conditions, save that where the Magistrate is not of any such
opinion, the Magistrate shall grant him bail subject to the same
conditions, if any, as were originally imposed.
(6) Where the person brought before the Magistrate
under subsection (4) is a child or young person and the
Magistrate does not grant him bail, subsection (5) shall have
effect subject to section 74 of the Children Act.Ch. 46:01.
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16. (1) This section applies where a person is granted bail in
criminal proceedings on condition that he provides a surety for
the purpose of securing his surrender to custody.
(2) In considering the suitability of a proposed surety
referred to in subsection (1), the Court shall—
(a) have regard, amongst other things, to—
(i) the surety’s profession, occupation, trade
or business;
(ii) his character and his previous
convictions, if any; and
(iii) his proximity, whether of kinship, place
or residence or otherwise, to the person
for whom he is to be a surety; and
(b) require the surety to make a statutory declaration
in the form set out in the Second Schedule.
(3) Where a Court grants a person bail in criminal
proceedings under subsection (1), but is unable to release him
because no surety or no suitable surety is available, the Court
shall fix the amount in which the surety is to be bound and
subsections (4) and (5) shall apply for the purpose of enabling the
recognisance of the surety to be entered into subsequently.
(4) A recognisance of the surety under subsection (3)
may be entered into before such of the persons or descriptions of
persons as the Court may by order specify or, if it makes no such
order, before any of the following persons:
(a) where the decision is taken by a Magistrate’s Court,
before any Magistrate or Clerk of the Peace;
(b) where the decision is taken by the High Court or
the Court of Appeal, before any of the persons
specified in paragraph (a) or, where the Rules of
the Supreme Court so provide, by a person of
such other description as is specified in the Rules.
(5) Where a surety seeks to enter into his recognisance
before any person in accordance with subsection (4), but that
Bail with surety.
Second
Schedule.
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18 Chap. 4:60 Bail
LAWS OF TRINIDAD AND TOBAGO
Forfeiture of
security or
recognisance.
Offence of
agreeing to
indemnify
surety in
criminal
proceedings.
person declines to take his recognisance because he is not
satisfied with the surety’s suitability, the surety may apply to—
(a) the Court which fixed the amount of the
recognisance in which the surety was to be
bound; or
(b) a Magistrate’s Court for the district in which he
resides,
for that Court to take his recognisance and that Court shall, if
satisfied of his suitability, take his recognisance.
(6) Where, in pursuance of subsection (4), a recognisance
is entered into otherwise than before the Court that fixed the
amount of the recognisance, the recognisance shall have the full
force and effect as if it had been entered into before that Court.
17. (1) Where a person has given security in pursuance of
section 12(4), and the Court is satisfied that he failed to surrender
to custody, then, unless it appears that he had reasonable cause
for his failure, the Court may order the forfeiture of the security.
(2) Where a Court orders the forfeiture of security under
subsection (1), the Court may declare that the forfeiture extends to such
amount less than the full value of the security as it thinks fit to order.
(3) Security which has been ordered to be forfeited
under subsection (1) shall, to the extent of the forfeiture—
(a) where it consists of money, be accounted for and
paid in the same manner as a fine imposed by
that Court would be;
(b) where it does not consist of money, be enforced
by such Magistrate’s Court as may be specified
in the order.
(4) This section shall be in addition to any other
provision relating to enforcement of recognisances entered into
in criminal proceedings under any other written law.
18. (1) Where a person agrees with another to indemnify
that other against any liability which that other may incur as a
surety to secure the surrender to custody of a person accused or
convicted of or under arrest for an offence, he and that other
person are guilty of an offence.
UNOFFICIAL VERSION
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Bail Chap. 4:60 19
LAWS OF TRINIDAD AND TOBAGO
(2) An offence under subsection (1) is committed
whether the agreement is made before or after the person to be
indemnified becomes a surety, whether or not he becomes a
surety and whether or not the agreement contemplates
compensation in money’s worth.
(3) A person guilty of an offence under subsection (1) is
liable on summary conviction to imprisonment for two years and
to a fine of three thousand dollars.
19. (1) It is an offence for a person to stand surety on the
consideration of property which, at the time of standing such
surety, is being used as security for the purpose of standing surety
for any other person unless the approval of the Court is
first obtained.
(2) A person guilty of an offence under subsection (1) is
liable on summary conviction to imprisonment for two years and
to a fine of three thousand dollars.
*20. The laws specified in the Third Schedule are amended in
the manner specified therein.
21. (1) The provisions of this Act are in addition to those
provisions of any other written law relating to bail.
(2) Notwithstanding any written law bail granted before
the appointed day is valid.
Offence to stand
surety on
consideration of
property being
used as security.
Amendments.
Third Schedule.
Saving.
*See Note on section 20 on page 2.
L.R.O. UNOFFICIAL VERSION
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20 Chap. 4:60 Bail
LAWS OF TRINIDAD AND TOBAGO
*FIRST SCHEDULE
EXCEPTIONS TO PERSONS ENTITLED TO BAIL
PART I
CIRCUMSTANCES IN WHICH PERSONS
ARE NOT ENTITLED TO BAIL
Where a person is charged with any of the following offences:
(a) murder;
(b) treason;
(c) piracy or hijacking;
(d) any offence for which death is the penalty fixed by law.
PART II
SPECIFIED OFFENCES
(a) trafficking in narcotics or possession of narcotics for the purpose
of trafficking;
(b) possessing and use of firearms or ammunition with intent to
injure;
(c) possession of imitation firearms in pursuance of any criminal
offence;
(d) rape;
(e) sexual intercourse with a female under fourteen;
(f) buggery;
(g) shooting or wounding with intent to do grievous bodily harm;
(h) robbery, robbery with aggravation, armed robbery;
(i) larceny of a motor vehicle;
(j) burglary and housebreaking;
(k) perverting or defeating the course of public justice;
(l) arson;
(m) an attempt to commit any offence listed in this Part or in Part I;
(n) receiving stolen goods.
Section 5.
*SeeAppendix for amendments to First Schedule and also Notes with respect to Acts Nos. 9 and
11 of 2011 and Act No. 1 of 2014 on pages 2 and 3 respectively.
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Bail Chap. 4:60 21
LAWS OF TRINIDAD AND TOBAGO
Section 16
(2)(b).
Declarant/Declarants
SECOND SCHEDULE
STATUTORY DECLARATION TO BE MADE BY A
SURETY OR SURETIES
REPUBLIC OF TRINIDAD AND TOBAGO
County of .......................................
I, the undersigned of .....................................................................................
do solemnly and sincerely declare as follows:
I/*We have agreed to offer myself/*ourselves as surety for
.............................................../defendant in the case State/Police vs.
............................................................................................................................
In this regard I/*we acknowledge to owe to the State the sum of
....................................................... to be levied on my/*our several movable
and immovable property if the said .................................................................
fails in the condition of the recognisance to be entered before
............................................. Magistrate/Justice of the Peace.
And for that purpose I/*we, the undersigned declare—
(a) that my/*our movable and immovable property including other
financial assets consist of the following:
(i) Particulars of immovable property—description of
immovable property, date of the Deed and name and
address of the parties to the Deed .....................................
(ii) Estimated value of immovable property ...........................
(iii) Bank balances—name of the bank, account number and
amount ..............................................................................
(iv) Any other movable property and its value ........................
(b) that the immovable property specified in subparagraph (a)(i) above
is owned by me/*us free from any encumbrances; or
*that the immovable property specified in subparagraph (a)(i) under
mortgage, hypothecated, etc., in consideration of ............................
...............................................................................;
(c) that I/*we have not stood surety/sureties* on the consideration of
the aforesaid immovable/movable* property in the case/cases*
noted below which case/cases* has/*have been determined;
(d) that I/*we have not been convicted of any criminal offence. Further
a criminal charge is pending against me/*us. /*No criminal charge
is pending against me/*us.
Signed .......................................................
.......................................................
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22 Chap. 4:60 Bail
LAWS OF TRINIDAD AND TOBAGO
Magistrate, Justice of the Peace, Registrar
Declarant /Declarants
*Strike whichever is inapplicable.
I/*We make this declaration conscientiously believing the same to be true
and according to the Statutory Declarations Act, and I am/we are* aware that
if there is any statement in this declaration which is false in fact, which I/*we
know or believe to be false or do not believe to be true, I am/we are* liable to
fine and imprisonment.
Signed ..............................................
..........................................................
Declared before me this ................... day of ....................... 20 .......
Signed ..........................................................................
UNOFFICIAL VERSION
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Bail (Amendment) Acts 23
LAWS OF TRINIDAD AND TOBAGO
APPENDIX
BAIL (AMENDMENT) ACTS
(See Notes on pages 2 and 3 respectively)
ACT NO. 17 OF 2008
ACT NO. 9 OF 2011
ACT NO. 11 OF 2011
ACT NO. 1 OF 2014
(temporary amendments to continue in force until 15th August 2016)
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24 Bail (Amendment) Acts
LAWS OF TRINIDAD AND TOBAGO
APPENDIX
Amended sections of the Bail Act
(to continue in force until 15th August 2016)
Section 3
Amendments introduced by Act No. 11 of 2011
Section 3 of the Act is amended in subsection (1), by
inserting after the definition of the word “Court” the following
definitions:
“‘gang’ has the meaning assigned to it in section 4 of the
Anti-Gang Act;
‘gang member’ has the meaning assigned to it in section 4 of
the Anti-Gang Act;
‘gang-related activity’ has the meaning assigned to it in section 4
of the Anti-Gang Act;”.
Section 5
A. Amendments introduced by Act No. 17 of 2008 and
Act No. 11 of 2011
Section 5 of the Act is amended by inserting after
subsection (3) the following subsections:
“ (4) A Court shall not grant bail to a
person who is charged with an offence listed in
Part III of the First Schedule and has been
convicted—
(a) on two occasions of any offence arising
out of separate transactions; or
(b) of any combination of offences arising out
of a single transaction,
listed in that Part.
(5) In calculating the two prior convictions
referred to in subsection (4), the Court shall take into
account only convictions recorded within the last
fifteen years.”.
First
Schedule.
Section 3
amended by
Act No. 11 of
2011.
Act No. 10 of
2011.
Section 5
amended by
Act No.17 of
2008 and Act
No. 11 of 2011.
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LAWS OF TRINIDAD AND TOBAGO
Act No. 10 of
2011.
“(6) Subject to subsections (7) and (8), a Court shall
not grant bail to a person who is—
(a) over the age of eighteen years; and
(b) charged with an offence under the Anti-
Gang Act.
(7) Subject to subsection (8), where a person is
charged with an offence mentioned in subsection (6)
and brought before the Court but no evidence has
been taken within one hundred and twenty days of
the reading of the charge, that person is entitled to
make an application to a Judge for bail.
(8) Where a person—
(a) is charged under section 10(1) of the Anti-
Gang Act with harbouring a person who is
a child; and
(b) is the parent or person acting in loco
parentis of the child,
and is brought before the Court but no evidence has
been taken within sixty days of the reading of the
charge, that person is entitled to make an application
to a Judge for bail.
(9) A Court shall not grant bail to a person who
is charged with an offence listed in paragraph (b), (c)
or (d) of Part III of the First Schedule if the offence
involves the use of a firearm or in paragraph (e) of
Part III of the First Schedule and who has, in relation
to the offences listed in Part II or Part III of the First
Schedule, been convicted of at least one such
offence within ten years of having served a sentence
for one of those offences, whether the conviction
was for an offence arising out of separate
transactions or a combination of offences arising out
of a single transaction.
(10) Notwithstanding subsection (9), where a
person is charged with an offence mentioned in
subsection (9) and brought before the Court but no
evidence has been taken within one hundred and
twenty days of the reading of the charge that person is
entitled to make an application to a Judge for bail.”.
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26 Bail (Amendment) Acts
LAWS OF TRINIDAD AND TOBAGO
B. Amendments introduced by Act No. 1 of 2014 (to
continue in force until 15th August 2016)
Section 5 of the Act is amended—
(a) in subsection (1), by deleting the words
“subsection (2)” and substituting the words
“subsections (2) and (4)”;
(b) by repealing subsections (2), (3), (9) and (10);
(c) by renumbering subsections (4), (5), (6), (7) and
(8) as subsections (2), (3), (4), (5) and (6)
respectively;
(d) in renumbered subsection (2), by deleting the
words “Part III” and substituting the words
“Part II”;
(e) by inserting after renumbered subsection (2) the
following subsection:
“(3) For the purpose of subsection (2), a
conviction under the Anti-Gang Act shall
be counted.”;
(f) in renumbered subsection (4)—
(i) by deleting the word “two”;
(ii) by deleting the word “(4)” and
substituting the words “(2) and (3)”; and
(iii) by inserting after the words “fifteen
years” the words “and time spent serving
a sentence shall not be counted in
calculating the said fifteen years”;
(g) in renumbered subsection (5), delete the words
“(7) and (8)” and substitute the words “(6)
and (7)”;
(h) in renumbered subsection (6), delete the words
“(8)” and “(6)” and substitute the words “(7)”
and “(5)” respectively;
Ch. 4:60.
Section 5
amended.
Act No.
10 of 2011.
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LAWS OF TRINIDAD AND TOBAGO
(i) by inserting after renumbered subsection (7)
the following subsections:
“(8) Notwithstanding subsection (2) and
subject to subsection (9), a Court shall not
grant bail to any person who—
(a) was, before, on or after the
commencement of the Bail
(Amendment) Act, 2014,
convicted for an offence
listed in Part II of the First
Schedule; and
(b) is, on or after the
commencement of the Bail
(Amendment) Act, 2014,
charged with an offence listed
in Part II of the First
Schedule within ten years
after the completion of the
sentence including the
payment of any fine imposed,
if any, in respect of the
conviction referred to in
paragraph (a).
(9) Where a person is convicted of an
offence listed in Part II of the First Schedule
on or after the commencement of the Bail
(Amendment) Act, 2014, and is charged with
an offence listed in Part II of the First
Schedule and brought before the Court but
no evidence has been taken within one
hundred and twenty days of the reading of
the charge, that person is entitled to make an
application to a Judge for bail.
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28 Bail (Amendment) Acts
LAWS OF TRINIDAD AND TOBAGO
(10) Where a person has been granted bail
and is subsequently convicted for an offence
under Part II of the First Schedule or the
Anti-Gang Act, the Court shall reconsider
the grant of bail in respect of any pending
charge.
(11) For the purpose of this section, a
conviction includes a conviction for a
similar or materially similar offence as listed
in Part II of the First Schedule which is
imposed by a Court of competent
jurisdiction in any foreign jurisdiction.
(12) For the purpose of this section,
except subsection (5), where a person is
charged with an offence listed in Part II of
the First Schedule and evidence has been
taken within one hundred and twenty days of
the reading of the charge but the trial is not
completed within one year from the date of
the reading of the charge, that person is
entitled to make an application to a Judge
for bail.”.
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Section 5A
Introduced by Act No. 17 of 2008 and amended by
Act No. 9 of 2011
The Act is amended by inserting after section 5, the
following section:
5A. (1) A Court shall not grant bail to a person
charged with the offence of kidnapping for ransom
or knowingly negotiating to obtain a ransom under
the Kidnapping Act.
(2) Notwithstanding subsection (1), where a
person is charged with an offence mentioned in
subsection (1) and brought before the Court but no
evidence has been taken within one hundred and
twenty days of the reading of the charge, that person
is entitled to make an application to a Judge in
Chambers for bail.”.
The First Schedule to the Act is amended—
(a) by repealing Part II and substituting the
following Parts:
FIRST SCHEDULE
A. Parts II and III amended by Act No. 17 of 2008 and
Act No. 11 of 2011
“PART II
SPECIFIED OFFENCES
(a) possession of imitation firearms in pursuance of
any criminal offence;
(b) larceny of a motor vehicle;
(c) perverting or defeating the course of public
justice;
(d) arson;
(e) receiving stolen goods;
(f) gang membership;
Section 5A
inserted.
First Schedule
amended.
“No bail for
kidnapping
offences.
Ch. 11:26.
Act No.
9 of 2011.
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30 Bail (Amendment) Acts
LAWS OF TRINIDAD AND TOBAGO
(g) coercing or encouraging gang membership;
(h) preventing gang member from leaving gang;
(i) participation in criminal activity in association
with gang;
(j) possession of bullet-proof vest, firearm or
ammunition for benefit of gang;
(k) harbouring or concealing gang members;
(l) recruiting gang members;
(m) threatening to publish with intent to extort; and
(n) demanding money with menaces.”.
“PART III
VIOLENT OFFENCES
(a) manslaughter;
(b) shooting or wounding with intent to do grievous
bodily harm, unlawful wounding;
(c) robbery, robbery with aggravation, robbery with
violence;
(d) assault occasioning actual bodily harm;
(e) possession and use of firearm or ammunition
with intent to endanger life;
(f) possession of a firearm or ammunition
without licence, certificate or permit;
(g) trafficking in a dangerous drug or being in
possession of a dangerous drug for the purpose
of trafficking;
(h) rape;
(i) grievous sexual assault;
(j) sexual intercourse with female under fourteen;
(k) sexual intercourse with female between fourteen
and sixteen;
(l) sexual intercourse with male under sixteen;
(m) buggery;
(n) sexual intercourse with an adopted minor;
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(o) sexual intercourse with a mentally subnormal
person;
(p) incest;
(q) kidnapping;
(r) kidnapping for ransom;
(s) knowingly negotiating to obtain a ransom; and
(t) an attempt to commit any offence listed in this
Part or in Part I.”.
FIRST SCHEDULE
B. Further Amendments introduced by Act No. 1 of 2014
(to continue in force until 15th August 2016)
Parts II and III of the First Schedule to the Act are deleted and
the following Part is substituted:
“PART II
SPECIFIED OFFENCES
(a) an offence under the Firearms Act which is
punishable by imprisonment for a term of ten
years or more, or an offence under section 8, 9
or 10 of that Act;
(b) an offence under the Larceny Act which is
punishable by imprisonment for a term of ten
years or more;
(c) an offence under the Malicious Damage Act
which is punishable by imprisonment for a term
of ten years or more;
(d) a sexual offence in which the alleged victim is a
child, including a sexual offence under the
Sexual Offences Act or the Children Act, 2012
or any Act repealing and replacing any of
those Acts;
First Schedule
amended.
Ch. 16:01.
Ch. 11:12.
Ch. 11:06.
Ch. 11:28.
Ch. 46:01.
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32 Bail (Amendment) Acts
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(e) an offence under the Sexual Offences Act which
is punishable by imprisonment for a term of
ten years or more;
(f) an offence under the Offences Against the
Person Act which is punishable by
imprisonment for a term of ten years or more, or
an offence under section 48 or 54 of that Act;
(g) an offence under the Dangerous Drugs Act
which is punishable by imprisonment for a term
of ten years or more;
(h) an offence under the Trafficking in Persons Act,
2011 which is punishable by imprisonment for
a term of ten years or more;
(i) perverting or defeating the course of public
justice;
(j) an attempt to commit an offence listed in this
Part or Part I of this Schedule.”.
Ch. 11:28.
Ch. 11:08.
Ch. 11:25.
Act No. 14 of
2011.
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