Children

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/46.01.pdf

Children
L.R.O.

CHILDREN ACT

CHAPTER 46:01

LAWS OF TRINIDAD AND TOBAGO

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–82 ..

20 of 1936
14 of 1939
24 of 1946
44 of 1946
6 of 1953

40 of 1961
16 of 1962

136/1976
20 of 1979

45 of 1979
15 of 1981
17 of 1981

27 of 1986
18 of 1994

19 of 1994*
28 of 1996

68 of 2000*
2 of 2002
3 of 2007

Act
4 of 1925

Amended by

*See Note on page 2

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“Validating of
acts done under
repealed
provisions.

Ch. 11:28.

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

Sitting of Juvenile Court

For the sittings of the Juvenile Court under this Act, see GN 170/1979 and LN 91/1981.

Maintenance Orders

For Maintenance Orders under sections 13 and 65 of this Act see Schedule I, Item 6, to the
Attachment of Earnings (Maintenance) Act (Ch. 45:52).

Note on Act No. 19 of 1994

Section 15 of Act No. 19 of 1994 provides as follows:

15. The taking of a child or young person to a place of safety under
the Act or the making of an Order under the Act in respect of an offence
specified in a provision referred to in the Schedule to the Act which was
repealed by the First Schedule to the Sexual Offences Act is not invalid by
reason solely of that repeal.”.

Note on Act No. 68 of 2000

Act No. 68 of 2000 [i.e., the Children (Amendment) Act, 2000] has made substantial
amendments to this Act, (i.e., the Children Act, Ch. 46:01) but Act No. 68 of 2000 had not,
at the date of the revision of this Act, been proclaimed.

Act No. 68 of 2000 is contained in an Appendix to this Act.

Note on Adaptation

Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the
Commission amended certain references to public officers in this Chapter. The Minister’s
approval of the amendments was signified by LN 52/1980, but no marginal reference is made
to this Notice where any such amendments is made in the text.

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CHAPTER 46:01

CHILDREN ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.

2. Interpretation.

PART I

PREVENTION OF CRUELTY TO CHILDREN
AND YOUNG PERSONS

3. Punishment for cruelty to children and young persons.
Punishment to be increased if money accruable to offender on death

of child.
Interest in share.
Policy of insurance proved by certified copy.
Offence of cruelty.

4. Suffocation of infants.

OTHER OFFENCES IN RELATION TO
CHILDREN AND YOUNG PERSONS

5. Begging.

6. Exposing children to risk of burning.

7. Allowing children or young persons to be in brothels.

8. Causing, encouraging, or favouring seduction or prostitution of
child or young person.

9. Binding over persons having custody of child or young person.

9A. Order for counselling.

ARREST OF OFFENDERS AND PROVISION
FOR SAFETY OF CHILDREN

10. Power of arrest.
Release on bail of persons arrested without warrant.

11. Detention of child or young person in place of safety.
Order pending hearing.
Order pending enquiry.

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ARRANGEMENT OF SECTIONS—Continued
SECTION

11A. Child or young person to appear before Magistrate in eight days
once taken to a place of safety.

12. Disposal of child or young person by order of Court.
No order if child has fit, legal guardian.
Order, how made.
Order void on acquittal.
Discharge.
Rules.
Emigration.
Orphanage.

13. Maintenance and control of child or young person committed to care
of any person under order of Court.

Parent to contribute to maintenance.
Payment of contributions.
No contributions by parent pending trial.
Attachment of pension or income.

14. Religious persuasion of persons to whom child or young person
is committed.

Transfer order.
Transfer if undertaking not observed.

15. Care Order.

EVIDENCE AND PROCEDURE

16. Evidence of accused person.

17. Special power to take deposition.
Preservation of deposition.

18. Admission of deposition in evidence.

19. Children’s evidence to be unsworn.

19A. Cross-examination of child victim.

19B. Admissibility of video recorded evidence.

19C. Child witness to be called.

19D. Video recorded evidence treated as direct oral testimony.

19E. Interpretation.

19F. Rules of Court.

20. Power to proceed in absence of child.

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SECTION

21. Mode of charging offence and limitation of time.
Different offences may be charged, but only one penalty inflicted.
Limitation of time for prosecution.
Continuous offence.

SUPPLEMENTAL

22. Right of parent, etc., to administer punishment.

23. Interpretation—“Fit person”.
Person liable for maintenance.
Person who has charge of child.
Person who has care of child.

PART II

JUVENILE SMOKING

24. Sale of tobacco to children.

25. Forfeiture of tobacco.

26. Automatic machines for sale of tobacco.

26A. Vendor to display sign.

27. Exemptions.

28. Application of Part II.

PART III

INDUSTRIAL SCHOOLS AND ORPHANAGES

29. Interpretation of Part III.
Managers of school.

30. Government schools.

31. Appointment of Inspector.

32. Application of Act to certain schools and their inmates.

33. Land for site of school.
Resumption of land.

CERTIFICATION OF SCHOOLS

34. Certification of schools.

35. Power of Minister to withdraw certificate.



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ARRANGEMENT OF SECTIONS—Continued
SECTION

36. Resignation of certificate by managers.

37. Effect of withdrawal or resignation of certificate.

38. Disposal of inmates on withdrawal or resignation of certificate.

39. Publication of grant, etc., of certificate.

DUTIES AND POWERS OF MANAGERS

40. Liabilities of managers.

41. Power to make Rules.

42. Approval of alterations, etc., of buildings.

MODE OF SENDING OFFENDERS AND CHILDREN
TO CERTIFIED SCHOOLS AND THEIR

TREATMENT THEREIN

43. Commitment of offenders between ten and sixteen years of age to
Industrial Schools.

44. Children liable to be sent to Orphanages.
Detention of child under ten years in Orphanage.
Child of ten or eleven years may be sent to Orphanage in lieu of

Industrial School.
Inability of parent to control child.
Probation in lieu of detention order.
Committal to care of relative.

45. Committal of young person to care of relative or fit person in
certain cases.

46. In such cases, young persons may be placed under supervision of
probation officer.

47. Operation of order may be deferred.

48. Choice of school.

49. Conveyance to school.

Detention order effective on transfer.

50. Period of detention.

51. Provision as to religious persuasion.
Presumption as to religious persuasion.
Order to remove.
Application within thirty days.

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52. When no school conducted according to religion of offender or child.

53. Exemption from religious instruction, etc.

54. Manager to submit notice claiming exemption to Inspector.

55. Inspector to report to Minister when exemption not observed.
Minister on report may transfer offender.

56. Placing out on licence.
Forfeiture of licence.
Revocation of licence.
Escape.
Licence period to be deemed part of time of detention.
Parent may be summoned to produce child.

57. Discharge and transfer.
Transfer orders.
Transfer for medical treatment.
Failure to return to school.

58. Re-committal to Industrial School.

59. Transfer from prison to an Industrial School.

60. Power to apprentice.

OFFENCES IN RELATION TO CERTIFIED SCHOOLS
AND APPRENTICES

61. Refusal to conform to rules.

62. Escaping from Industrial School.
Escaping from Orphanage.
Period of escape not reckoned in period of detention.
Detention beyond limitation period.
Assisting to escape and harbouring, etc.

63. Offences by apprentice.

64. Offences by masters.

CONTRIBUTIONS BY PARENTS

65. Contributions by parents.
Order of Court.
Variation of order.
Order binding.
Application to modify or rescind.
Change of address of parent.

SECTION

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ARRANGEMENT OF SECTIONS—Continued
SECTION

Remission of contributions.

Contribution by person other than parent.

Attachment of pension or income.

Enforcement of payment of contributions.

SUPPLEMENTAL PROVISIONS

66. Power to send offenders conditionally pardoned to Industrial
School.

67. Persons in charge of youthful offenders to have powers of constable.

68. Orders and notices.

69. Rules respecting evidence of documents.

70. Rules.
Approval by Parliament.
Forms.

PART IV

JUVENILE OFFENDERS

71. Bail of children and young persons arrested.

72. Custody of children and young persons not discharged on bail
after arrest.

73. Association with adults during detention in Police Station.

74. Remand or committal to custody in place of detention.

75. Attendance before Magistrate of parent of child or young person
charged with an offence, etc.

Parent of arrested child to be warned to attend Court.
Enforcing attendance of parent.
No attendance if child removed from custody of parent.

76. Power to order parent to pay fine, etc., instead of child or young person.
Security for good behaviour of child.
Order on parent without conviction of child.
Order though parent fails to attend.
Sums recoverable from parent by distress.

77. Limitation of costs.

78. Restrictions on punishment of children and young persons.

79. Abolition of death sentence in case of person under eighteen.

80. Detention in case of certain crimes committed by children or
young persons.

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81. Provisions as to discharge of children and young persons detained
in accordance with directions of Minister.

82. Substitution of custody in place of detention for imprisonment.

83. Methods of dealing with children and young persons charged
with offences.

84. Provision of places of detention.

85. Provisions as to custody of children and young persons in places
of detention.

86. Expenses of maintenance of child or young person.

87. Juvenile Courts.

PART V

RESTRICTIONS ON EMPLOYMENT OF
YOUNG PERSONS

88. Interpretation of Part V.

89. President may define industrial undertakings.

90. Restrictions on employment at night of persons under eighteen years.

91. Restrictions on employment of children under the age of sixteen years.

92. Employer to keep register of persons under the age of eighteen years.

92A. Inspectors.

92B. Powers of entry.

93. (Repealed by Act No. 3 of 2007).

94. Neglectful parent.

94A. Liability of agent or employer.
94B. False certificate or representation of age.

95. Presumption of age.

96. Penalties.

PART VI

MISCELLANEOUS AND GENERAL

97. Power to clear Court whilst child or young person is giving evidence
in certain cases.

98. Prohibition on children being present in Court during the trial of
other persons.

SECTION

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99. Presumption and determination of age.
Presumption of age.
Charge or indictment not bad for misdescription.
Defence of over age.

100. Recovery of penalties.
Procedure.
Appeals.

SCHEDULE.
APPENDIX.

ARRANGEMENT OF SECTIONS—Continued
SECTION

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CHAPTER 46:01

CHILDREN ACT

An Act relating to the protection of children and young
persons, Industrial Schools and Orphanages, and
juvenile offenders.

[17TH MARCH 1925]

1. This Act may be cited as the Children Act.

2. In this Act—
“child” means a person under the age of fourteen years;
“Court” means the Industrial Court established under the

Industrial Relations Act;
“guardian”, in relation to a child, young person, or youthful

offender, includes any person who, in the opinion of the
Court having cognisance of any case in relation to the child,
young person, or youthful offender, or in which the child,
young person, or youthful offender is concerned, has for the
time being the charge of or control over the child, young
person, or youthful offender;

“inspector” means a person designated as such under section 92A;
“legal guardian”, in relation to an infant, child, young person, or

youthful offender, means a person appointed, according to
law, to be his guardian by Deed or Will, or by order of a
Court of competent jurisdiction;

“Magistrate” includes a Justice;
“Minister” means the Minister to whom responsibility for

Industrial Schools and Orphanages is assigned;
“place of safety” means any place appointed by the Minister to be

a place of safety for the purpose of the Act, or any hospital
or other suitable, secure place the occupier of which is
willing temporarily to receive a juvenile;

“public place” includes any public park, garden, wharf, jetty, or
railway station, and any ground to which the public for the
time being have or are permitted to have access, whether on
payment or otherwise;

1950 Ed.
Ch. 4 No. 21.

4 of 1925.

Commencement.

Short title.

Interpretation.
[16 of 1962
19 of 1994
3 of 2007].

Ch. 88:01.

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Punishment for
cruelty to
children and
young persons.
[45 of 1979
19 of 1994].

“street” includes any highway and any public bridge, road, lane,
footway, square, court, alley, or passage, whether a
thoroughfare or not;

“young person” means a person who is fourteen years of age or
upward and under the age of sixteen years.

PART I

PREVENTION OF CRUELTY TO CHILDREN
AND YOUNG PERSONS

3. (1) If any person over the age of sixteen years, who has
the custody, charge, or care of any child or young person, wilfully
assaults, ill-treats, neglects, abandons, or exposes the child or
young person, or causes or procures the child or young person to
be assaulted, ill-treated, neglected, abandoned, or exposed, in a
manner likely to cause the child or young person unnecessary
suffering or injury to his health (including injury to or loss of
sight, or hearing, or limb, or organ of the body, and any mental
derangement) that person is liable—

(a) on conviction on indictment, to a fine of ten
thousand dollars, or alternatively, or in default
of payment of such fine, or in addition thereto,
to imprisonment for two years; and

(b) on summary conviction, to a fine of five
thousand dollars, or alternatively, or in addition
thereto, to imprisonment for six months,

and for the purposes of this section, a parent or other person
legally liable to maintain a child or young person shall be deemed
to have neglected him in a manner likely to cause injury to his
health if, being able to do so, he fails to provide adequate food,
clothing, medical aid, or lodging for the child or young person.

(2) A person may be convicted of an offence under this
section, either on indictment or summarily, notwithstanding that
actual suffering or injury to health, or the likelihood of such
suffering or injury to health, was obviated by the action of
another person.

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Punishment to
be increased if
money
accruable to
offender on
death of child.

Interest in share.

Policy of
insurance
proved by
certified copy.

Offence of
cruelty.

Suffocation of
infants.

(3) A person may be convicted of an offence under this
section, either on indictment or summarily, notwithstanding the
death of the child or young person in respect of whom the offence
is committed.

(4) If it is proved that a person convicted under this
section was directly or indirectly interested in any sum of money
accruable or payable in the event of the death of the child or
young person, and had knowledge that such sum of money was
accruing or becoming payable, then—

(a) in the case of a conviction on indictment, the
Court may, in its discretion, either increase the
amount of the fine under this section so that the
fine does not exceed twenty thousand dollars;
or, in lieu of awarding any other penalty under
this section, sentence the person to
imprisonment for twelve years; and

(b) in the case of a summary conviction, the Court
in determining the sentence to be awarded shall
take into consideration the fact that the person
was so interested and had such knowledge.

(5) A person is deemed to be directly or indirectly
interested in a sum of money under this section if he has any
share in or any benefit from the payment of that money, though
he is not a person to whom it is legally payable.

(6) A copy of a policy of insurance, certified by an
officer or agent of the insurance company granting the policy to
be a true copy, shall, in any proceedings under this section, be
prima facie evidence that the child or young person therein stated
to be insured has been in fact so insured, and that the person in
whose favour the policy has been granted is the person to whom
the money thereby insured is legally payable.

(7) An offence under this section is in this Part referred
to as an offence of cruelty.

4. Where it is proved that the death of an infant under three
years of age was caused by suffocation (not being suffocation



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Begging.

Exposing
children to risk
of burning.

caused by disease or the presence of any foreign body in the
throat or air passages of the infant) whilst the infant was in bed
with some other person over sixteen years of age, and that the
other person was at the time of going to bed under the influence
of drink, that other person shall be deemed to have neglected the
infant in a manner likely to cause injury to its health within the
meaning of this Part.

OTHER OFFENCES IN RELATION TO CHILDREN
AND YOUNG PERSONS

5. (1) If any person causes or procures any child or young
person, or, having the custody, charge, or care of a child or young
person, allows that child or young person, to be in any street,
premises, or place for the purpose of begging or receiving alms,
or of inducing the giving of alms, whether or not there is any
pretence of singing, playing, dancing, performing, offering
anything for sale, or otherwise, that person is liable, on summary
conviction, to a fine of one thousand dollars, or alternatively, or
in addition thereto, to imprisonment for three months.

(2) If a person having the custody, charge, or care of a
child or young person is charged with an offence under this
section, and it is proved that the child or young person was in any
street, premises, or place for any such purpose as aforesaid, and
that the person charged allowed the child or young person to be
in the street, premises, or place, he is presumed to have allowed
him to be in the street, premises, or place for that purpose unless
the contrary is proved.

6. If any person over the age of sixteen years who has the
custody, charge, or care of any child under the age of seven years
allows that child to be in any room or yard containing a coalpot,
stove, or other fire not sufficiently protected to guard against the
risk of the child being burnt or scalded, without taking reasonable
precautions against that risk, and by reason thereof the child is
killed, or suffers serious injury, he is liable, on summary conviction,
to a fine of four hundred dollars. This section shall not, nor shall any
proceedings taken thereunder, affect any liability of any such person
to be proceeded against by indictment for any indictable offence.

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Allowing
children or
young persons
to be in brothels.
[27 of 1986].

Ch. 11:28.

Causing,
encouraging, or
favouring
seduction or
prostitution of
child or young
person.
[19 of 1994].

Binding over
persons having
custody of child
or young person.
[19 of 1994].

Ch. 4:20.

7. (1) If any person having the custody, charge, or care of a
child or young person between the ages of four and sixteen allows
that child or young person to reside in or to frequent a brothel, he
is liable, on conviction on indictment or summarily, to a fine of
one thousand dollars, or alternatively, or in default of payment of
such fine, or in addition thereto, to imprisonment for six months.

(2) Nothing in this section shall affect the liability of a
person to be indicted under section 21 of the Sexual Offences Act,
but upon the trial of a person under that section the jury may, if
they are satisfied that the accused is guilty of an offence under this
section, find the accused guilty of such offence.

8. (1) If any person having the custody, charge, or care of
a child or young person under the age of sixteen years causes or
encourages the seduction or prostitution or unlawful carnal
knowledge of that child or young person, he is liable, on
conviction on indictment, to imprisonment for five years.

(2) For the purpose of this section, a person is deemed
to have caused or encouraged the seduction or prostitution or
unlawful carnal knowledge (as the case may be) of a child or
young person who has been seduced or has become a prostitute
or has been unlawfully carnally known, if he knowingly
allowed the child or young person to consort with, or to enter or
continue in the employment of, any prostitute or person of
known immoral character.

9. (1) Where it is shown to the satisfaction of a Magistrate,
on the complaint of any person, that a child or young person
under the age of sixteen years is, with the knowledge of her
parent or guardian, exposed to the risk of seduction or
prostitution or of being unlawfully carnally known or living a life
of prostitution, the Magistrate may adjudge her parent or
guardian to enter into a recognisance to exercise due care and
supervision in respect of the child or young person.

(2) The provisions of the Summary Courts Act with
respect to recognisances to be of good behaviour (including the
provisions as to the enforcement thereof) shall apply to
recognisances under this section.

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Order for
counselling.
[19 of 1994].

Power of arrest.
[18 of 1994].

Schedule.

Schedule.

Release on bail
of persons
arrested without
warrant.

Ch. 4:60.

Detention of
child or young
person in place
of safety.
[19 of 1994].

Schedule.

9A. Where under sections 3, 5, 6, 8 and 9, a person is
convicted of an offence, the Court shall have the power to make
an Order for the convicted person to be submitted for counselling.

ARREST OF OFFENDERS AND PROVISION FOR
SAFETY OF CHILDREN

10. (1) Any constable may take into custody, without
warrant, any person—

(a) who, within view of the constable, commits an
offence under this Part or any of the offences
mentioned in the Schedule where the name and
residence of such person are unknown to the
constable and cannot be ascertained by the
constable; or

(b) who has committed, or who the constable has
reason to believe has committed, an offence of
cruelty, or any of the offences mentioned in the
Schedule, if he has reasonable ground for
believing that such person will abscond, or if the
name and address of such person are unknown
to and cannot be ascertained by the constable.

(2) Where a constable arrests any person without warrant
in pursuance of this section, the officer in charge of the Police
Station to which such person is brought shall, unless in his belief
the release of such person on bail would tend to defeat the ends of
justice or to cause injury or danger to the child or young person
against whom the offence is alleged to have been committed,
release the person arrested on bail in accordance with the Bail Act,
subject to a duty to appear before a Magistrate’s Court at such
time and place as the officer appoints.

11. (1) A constable, a person referred to in section 15(1)(a)
or any person authorised by a Magistrate, may take to a place
of safety any child or young person in respect of whom an
offence under this Part or any of the offences mentioned in the
Schedule, has been, or there is reason to believe has been, or is
likely to be, committed.

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Order pending
hearing.

Order pending
enquiry.
Schedule.

Child or young
person to appear
before
Magistrate in
eight days once
taken to a place
of safety.
[19 of 1994].

(2) A child or young person so taken to a place of safety,
and also any child or young person who seeks refuge in a place of
safety, may there be detained until he can be brought before a
Magistrate, and such Magistrate may make such order as is
mentioned in the next following subsection, or may cause the child
or young person to be dealt with as circumstances may admit and
require, until the charge made against any person in respect of any
offence as aforesaid with regard to the child or young person has
been determined by the conviction or discharge of such person.

(3) Where it appears to any Magistrate that an offence
under this Part, or any of the offences mentioned in the Schedule,
has been committed in respect of any child or young person who
is brought before him, and that it is expedient in the interests of
the child or young person that an order should be made under this
subsection, the Magistrate may, without prejudice to any other
power under this Act, make such order as circumstances require
for the care and detention of the child or young person until a
reasonable time has elapsed for a charge to be made against some
person for having committed the offence, and, if a charge is made
against any person within that time, until the charge has been
determined by the conviction or discharge of that person, and, in
case of conviction, for such further time not exceeding twenty-
one days as the Court which convicted may direct, and any such
order may be carried out notwithstanding that any person claims
the custody of the child or young person.

(4) A constable or a person referred to in section 15(1)(a)
shall make a written report of action taken under this section
to his superior officer within seventy-two hours of the
taking of the action.

11A. A person who takes a child or young person to a place of
safety under section 11 or 15 shall cause that child or young person
to appear before a Magistrate in Chambers no later than eight days
from the date the child or young person is so taken or if the child
or young person cannot appear, that person shall advise the
Magistrate accordingly.



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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Disposal of
child or young
person by order
of Court.

Schedule.

No order if
child has fit,
legal guardian.

Order, how
made.

12. (1) Where a person having the custody, charge, or care
of a child or young person has been—

(a) convicted of committing in respect of such child
or young person an offence under this Part or
any of the offences mentioned in the Schedule;

(b) committed for trial for any such offence; or
(c) bound over to keep the peace towards such child

or young person,

by any Court, that Court, either at the time when the person is so
convicted, committed for trial, or bound over, and without
requiring any new proceedings to be instituted for the purpose, or
at any other time, may, if satisfied on enquiry that it is expedient
so to deal with the child or young person, order that the child or
young person be taken out of the custody, charge, or care of the
person so convicted, committed for trial, or bound over, and be
committed to the care of a relative of the child or young person
or some other fit person named by the Court (such relative or
other person being willing to undertake such care), until he
attains the age of sixteen years, or for any shorter period, and that
Court or any Court of like jurisdiction may of its own motion, or
on the application of any person, from time to time by order,
renew, vary, and revoke any such order.

(2) If the child or young person has a parent or legal
guardian, no order shall be made under this section unless the
parent or legal guardian has been convicted of or committed for
trial for the offence, or is under committal for trial for having
been, or has been proved to the satisfaction of the Court making
the order to have been, party or privy to the offence, or has been
bound over to keep the peace towards the child or young person,
or cannot be found.

(3) Every order under this section shall be in writing, and
any such order may be made by the Court in the absence of the
child or young person; and the consent of any person to undertake
the care of a child or young person in pursuance of any such order
shall be proved in such manner as the Court may think sufficient
to bind him.

18 Chap. 46:01 Children

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Children Chap. 46:01 19

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Order void
on acquittal.

Discharge.

Rules.

Emigration.

Orphanage.

Maintenance
and control of
child or young
person
committed to
care of any
person under
order of Court.
[19 of 1994].

(4) Where an order is made under this section in respect
of a person who has been committed for trial, then, if that person
is acquitted of the charge, or if the charge is dismissed for want
of prosecution, the order shall forthwith be void, except with
regard to anything that may have been lawfully done under it.

(5) The Minister may at any time, in his discretion,
discharge a child or young person from the care of any person to
whose care he is committed in pursuance of this section, either
absolutely or on such conditions as the Minister approves, and
may, if he thinks fit, make Rules in relation to children or young
persons so committed to the care of any person, and to the duties
of such persons with respect to such children or young persons.

(6) The Minister, in any case where it appears to him to
be for the benefit of a child or young person who has been
committed to the care of any person in pursuance of this section,
may empower such person to procure the emigration of the child
or young person, but, except with such authority, no person to
whose care a child or young person is so committed shall procure
his emigration.

(7) Nothing in this section shall be construed as preventing
the Court, instead of making an order as respects a child under this
section, from ordering the child to be sent to an Orphanage in any
case in which the Court is authorised to do so under Part III.

13. (1) Any person to whose care a child or young person is
committed under this Part shall, whilst the order is in force, have
the like control over the child or young person as if he were his
parent, and shall be responsible for his maintenance, and the
child or young person shall continue in the care of such person,
notwithstanding that he is claimed by his parent or any other
person; and if any person—

(a) knowingly assists or induces, directly or
indirectly, a child or young person to escape from
the person to whose care he is so committed; or

(b) knowingly harbours, conceals, or prevents from
returning to such person, a child or young

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Parent to
contribute to
maintenance.

Payment of
contributions.

No contributions
by parent
pending trial.

Attachment of
pension or
income.

person who has so escaped, or knowingly assists
in so doing,

he is liable, on summary conviction, to a fine of one thousand
dollars or to imprisonment for two months.

(2) Any Court having power so to commit a child or
young person shall have power to make the like orders on the
parent of or other person liable to maintain the child or young
person to contribute to his maintenance during such period as
aforesaid, and such orders shall be enforceable in like manner as
if the child or young person were ordered to be sent to a certified
school under Part III.

(3) Any such order may be made on the complaint or
application of the person to whose care the child or young person
is for the time being committed, and either at the time when the
order for the committal of the child or young person to his care is
made, or subsequently; and the sums contributed by the parent
or such other person shall be paid to such person as the Court
may name, and be applied for the maintenance of the child or
young person.

(4) Where an order under this Part to commit a child or
young person to the care of some relative or other person is made
in respect of a person who has been committed for trial for an
offence, the Court shall not have power to make an order under
this section on the parent or other person liable to maintain the
child or young person prior to the trial of the person so committed.

(5) Any Court making an order under this section for
contribution by a parent or such other person may, in any case
where there is any pension or income payable to such parent or
other person and capable of being attached, after giving the person
by whom the pension or income is payable an opportunity of
being heard, further order that such part as the Court may see fit
of the pension or income be attached and be paid to the person
named by the Court. Such further order shall be an authority to the
person by whom such pension or other income is payable to make
the payment so ordered, and the receipt of the person to whom the
payment is ordered to be made shall be a good discharge to such
first-mentioned person.

20 Chap. 46:01 Children

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Children Chap. 46:01 21

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L.R.O.

Religious
persuasion of
persons to
whom child or
young person is
committed.

Transfer order.

Transfer if
undertaking not
observed.

(6) An order under this section may be made by any
Court before which a person is charged with an offence under this
Part, and without regard to the place in which the person to whom
the payment is ordered to be made may reside.

(7) A Magistrate, in making an order, shall do so with the
child’s or young person’s welfare as the paramount consideration,
taking into account the wishes of the child or young person
involved where such wishes can be reasonably ascertained.

14. (1) In determining the person in whose care the child or
young person shall be committed under this Part, the Court shall
endeavour to ascertain the religious persuasion to which the child
or young person belongs, and shall, if possible, select a person of
the same religious persuasion, or a person who gives such
undertaking as seems to the Court sufficient that the child or
young person shall be brought up in accordance with its own
religious persuasion, and such religious persuasion shall be
specified in the order.

(2) In any case where the child or young person has been
placed pursuant to any such order with a person who is not of the
same religious persuasion as that to which the child or young
person belongs, or who has not given such undertaking as
aforesaid, the Court which made the order, or any Court of like
jurisdiction, shall, on the application of any person in that behalf,
and on its appearing that a fit person, who is of the same religious
persuasion, or who will give such undertaking as aforesaid, is
willing to undertake the care of the child or young person, make an
order to secure his being placed with a person who either is of the
same religious persuasion or gives such undertaking as aforesaid.

(3) Where a child or young person has been placed with
a person who gives such undertaking as aforesaid, and the
undertaking is not observed, the child or young person is deemed
to have been placed with a person not of the same religious
persuasion as that to which the child belongs, as if no such
undertaking had been given.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Care Order.
[19 of 1994].

15. (1) If it appears to a Magistrate on complaint on oath of—
(a) a public officer experienced or qualified in

social work who is approved by the Minister in
writing; or

(b) a person who in the opinion of the Magistrate is
acting in the interest of a child or young person,

that a child or young person has suffered or is suffering harm so
as to cause concern for the welfare of that child or young person,
or is likely to suffer such harm, the Magistrate may require a
parent or guardian to appear before him.

(2) A Magistrate may act in accordance with subsection (1)
in proceedings under section 11, 12, 44, or 45.

(3) Where, in proceedings referred to in subsections (1)
and (2), the Magistrate is satisfied that the child or young person
has suffered, is suffering or is likely to suffer harm sufficient to
cause concern for the welfare of that child or young person, the
Magistrate may, with the child or young person’s welfare as the
paramount consideration, taking into account the wishes of the
child or young person involved where such wishes of the child or
young person can be reasonably ascertained, order that the child
or young person—

(a) remain in the custody of a parent or guardian,
subject to a period of supervision by a named
person or authority, and subject to such
conditions as are specified in the order; or

(b) be committed to the care of a relative of the
child or young person or other fit person named
by the Court, such relative or other fit person
being willing and able to undertake such care.

(4) An order made under subsection (3) may also—
(a) provide for access to the child or young person

by a parent or legal guardian; and
(b) provide for supervision and monitoring of the

order in such manner as is specified in the order.

22 Chap. 46:01 Children

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Children Chap. 46:01 23

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Ch. 46:08.

Ch. 45:51.

(5) An order made under subsection (3) may be renewed,
varied or revoked as the case may be, by the Court making the
order on the application of any person who in the opinion of the
Court, is acting in the interest of the child or young person.

(6) Section 12(3) shall apply in respect of an order made
under this section.

(7) Where proceedings are before a Magistrate under
subsection (1), section 11, 12, 44(1) or 45 in respect of a child or
young person—

(a) who is a ward of Court;
(b) in respect of whom there is in force an order of

the High Court relating to custody, guardianship
or access; or

(c) in respect of whom proceedings relating to or
affecting him are before or pending in the High
Court under the Family Law (Guardianship of
Minors, Domicile and Maintenance) Act or the
Matrimonial Proceedings and Property Act,

the Magistrate shall refer the proceedings to the High Court
whereupon those proceedings subject to subsections (8), (9) and
(10) shall be continued as if they had been properly and duly
commenced in that Court under the Family Law (Guardianship of
Minors, Domicile and Maintenance) Act or the Matrimonial
Proceedings and Property Act, whichever applies.

(8) In proceedings removed to the High Court under
subsection (7), the High Court may make an order under
subsection (2), or such other order as it sees fit.

(9) At any stage of the proceedings in which an order
under subsection (2) may be made, the Court may—

(a) in the case of the High Court, on its own motion;
(b) in the case of the Magistrate, by summons; or
(c) on the application of any person acting in the

interest of the child or young person,

join as a party to the proceedings any person who ought to have
been joined as a party or whose presence before the Court is
desirable or necessary to determine the matter.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ch. 45:56.

(10) Nothing in this section precludes the High Court or
the Magistrate, as the case may be, in proceedings in which an
order under subsection (2) may be made, from making an interim
order, including an interim care order, pending the appearance of
the child or young person, parent or guardian, or other person.

(11) For the purposes of this section—
“harm” includes—

(a) wilful neglect;
(b) assault;
(c) ill-treatment;
(d) physical, sexual or mental abuse;

*(e) a prescribed offence as defined in section 3 of
the Domestic Violence Act; and

(f) a situation where any child or young person is
being used as a drug courier and drug pusher by
those having his custody, charge or care; and

an offence under sections 3, 4, 5, 6, 7 and 8 of the Act.

(12) Where a complaint on oath has been made under
subsection (1) and where the circumstances so require, the
Magistrate may issue a warrant authorising any constable to remove
the child or young person, with or without search, to a place of
safety and detain him there until he is brought before a Magistrate.

(13) A Magistrate issuing a warrant under this section
may, by the same warrant, cause any person accused of any
offence in respect of the child or young person to be apprehended
and brought before a Magistrate, and cause proceedings to be
taken against such person according to law.

(14) Any constable authorised by warrant under this
section to search for any child or young person, or to remove any
child or young person with or without search, may enter, if need
be by force, any house, building, or other place specified in the
warrant, and may remove the child or young person therefrom.

(15) Every warrant issued under this section shall be
executed by a constable, who shall be accompanied by the person

24 Chap. 46:01 Children

LAWS OF TRINIDAD AND TOBAGO

* Act No. 10 of 1991 was repealed by Act No. 27 of 1999.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Children Chap. 46:01 25

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Evidence of
accused person.
Schedule.

Ch. 7:02.

Special power to
take deposition.
[28 of 1996].

Schedule.

Preservation of
deposition.

laying the information, if such person so desires, unless the
Magistrate by whom the warrant is issued otherwise directs,
and the constable may also, if the Magistrate by whom the
warrant is issued so directs, be accompanied by a duly qualified
medical practitioner.

(16) It shall not be necessary in any information or
warrant under this section to name the child or young person.

EVIDENCE AND PROCEDURE

16. As respects proceedings against any person for an
offence under this Part, or for any of the offences mentioned in
the Schedule, Part II, of the Evidence Act shall apply.

17. (1) Where a Magistrate is satisfied by the evidence of a
duly qualified medical practitioner that the attendance before a
Court of any child or young person, in respect of whom an offence
under this Part or any of the offences mentioned in the Schedule,
is alleged to have been committed, would involve serious danger
to the life or health of the child or young person, the Magistrate
may take in writing the deposition of the child or young person
and shall thereupon subscribe the deposition and add thereto a
statement of his reason for taking the deposition, and of the day
when and place where the deposition was taken, and of the names
of the persons (if any) present at the taking thereof.

(2) The Magistrate taking any such deposition shall
transmit it with his statement—

(a) if the deposition relates to an offence for which
any accused person is already committed for trial,
to the proper officer of the Court for trial at which
the accused person has been committed; and

(b) in any other case, to the Clerk of the Peace of the
magisterial district in which the deposition has
been taken,

and the Clerk of the Peace to whom any such deposition is
transmitted shall preserve, file, and record the deposition.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Admission of
deposition in
evidence.
Schedule.

Ch. 12:01.

Children’s
evidence to be
unsworn.
[28 of 1996].

Ch. 12:01.

18. Where, on the trial of any person on indictment for an
offence of cruelty, or any of the offences mentioned in the
Schedule, the Court is satisfied by the evidence of a duly qualified
medical practitioner that the attendance before the Court of any
child or young person in respect of whom the offence is alleged to
have been committed would involve serious danger to the life or
health of the child or young person, any deposition of the child or
young person taken under the Indictable Offences (Preliminary
Enquiry) Act, or under this Part of this Act, shall be admissible in
evidence either for or against the accused person without further
proof thereof—

(a) if it purports to be signed by the Magistrate by
or before whom it purports to be taken; and

(b) if it is proved that reasonable notice of the
intention to take the deposition has been served
upon the person against whom it is proposed to
use it as evidence, and that that person or his
Attorney-at-law had, or might have had if he
had chosen to be present, an opportunity of
cross-examining the child or young person
making the deposition.

19. (1) A child’s evidence in criminal proceedings shall be
given unsworn.

(2) Before receiving the evidence of a child under
subsection (1), a Court shall hold an enquiry to determine
whether the child is possessed of sufficient intelligence to justify
the reception of his evidence, and understands the duty of
speaking the truth.

(3) A child’s unsworn evidence may be taken and
reduced to writing in accordance with the Indictable Offences
(Preliminary Enquiry) Act, or this Part, and shall be deemed to be
a deposition within the meaning of that Act and this Part.

(4) The unsworn evidence of a child may not be
corroborated by the unsworn evidence of another child.

26 Chap. 46:01 Children

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UPDATED TO DECEMBER 31ST 2014

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Children Chap. 46:01 27

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Ch. 4:20.

Cross-
examination of
child victim.
[28 of 1996].

Admissibility of
video recorded
evidence.
[28 of 1996].

(5) Subject to subsection (6), a person may not be
convicted of an offence unless the evidence admitted under this
section and given on behalf of the prosecution is corroborated by
some other material particular implicating the accused and such
corroboration may consist of evidence other than oral evidence.

(6) Notwithstanding subsection (5), an accused person
may be convicted on the uncorroborated evidence of a child
provided that the Court warns the jury of the danger of convicting
the accused person on the uncorroborated evidence of a child.

(7) A child, whose evidence is received as aforesaid and
who wilfully gives false evidence under such circumstances that,
if the evidence had been given on oath, he would have been
guilty of perjury is, subject to this Act, liable on summary
conviction to be adjudged such punishment as might have been
awarded had he been charged with perjury and the case dealt with
summarily under section 99 of the Summary Courts Act.

19A. Where a video recording is admitted in evidence under
section 19B(1), cross-examination of the witness shall be by
means of an electronic device linking the voice and imagery of
the accused or his Attorney-at-law with the voice and imagery of
such witness who is a child and who is alleged—

(a) to be the person against whom the offence was
committed; or

(b) to have witnessed the commission of the offence.

19B. (1) In proceedings to which this section applies, a video
recording of an interview which is conducted between an adult
and a child (hereinafter in this Part called “the child witness”)
who is not the accused or one of the accused, and which relates
to any matter in issue in the proceedings, may, with the leave of
the Court, be given in evidence in so far as it is not excluded
under subsection (3).

(2) This section applies to all criminal proceedings
in which—

(a) the offence charged involves an assault on, or
injury or threat of injury to a person;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ch. 11:28.

Child witness to
be called.
[28 of 1996].

Video recorded
evidence treated
as direct oral
testimony.
[28 of 1996].

(b) the offence charged is an offence under this Part;
(c) as the offence charged is an offence under the

Sexual Offences Act; or
(d) the offence charged is of attempting or conspiring

to commit, or of aiding and abetting, counselling,
procuring or inciting the commission of an
offence falling within paragraph (a), (b) or (c).

(3) Where a video recording is tendered in evidence
under this section, the Court may, subject to the exercise of any
power to exclude evidence which is otherwise admissible, give
leave under subsection (1) unless—

(a) it appears that the child witness will not be
available for cross-examination;

(b) any Rules of Court requiring disclosure of the
circumstances in which the recording was made
have not been complied with to the satisfaction
of the Court;

(c) the Court is of the opinion having regard to all
the circumstances of the case, that in the interest
of justice the recording ought not to be admitted.

(4) Where leave is granted under subsection (3), the Court
may direct that any part of the recording be excluded if it thinks it
would not be in the interest of justice to allow its admission.

19C. Where a video recording is admitted under section 19B,
the child witness shall be called by the party who tendered the
recording in evidence but that witness shall not be examined in
chief on any matter which, in the opinion of the Court, has been
dealt with adequately in his recorded testimony.

19D. (1) Where a video recording is given in evidence under
section 19B, any statement made by the child witness which is
disclosed by the recording shall be treated as if given by that witness
in direct oral testimony, and any such statement shall be admissible
evidence of any fact of which such testimony from him would be
admissible, but no such statement shall be capable of corroborating
any other evidence given by him.

28 Chap. 46:01 Children

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Children Chap. 46:01 29

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Interpretation.
[28 of 1996].

Rules of Court.
Ch. 4:01.
[28 of 1996].

Power to
proceed in
absence of child.
Schedule.

Mode of
charging offence
and limitation of
time.
Schedule.

Different
offences may be
charged, but
only one penalty
inflicted.

(2) In estimating the weight, if any, to be attached to
such a statement, regard shall be had to all the circumstances
from which any inference can reasonably be drawn.

19E. For the purposes of sections 19A to 19D—
“child” means a person who was at the time when the video

recording was made, under the age of sixteen and who has
not attained the age of eighteen at the time of the cross-
examination;

“statement” includes any representation of fact, whether made in
words or otherwise; and

“video recording” means any recording on any medium from
which a moving image may by any means be produced and
includes the accompanying soundtrack.

19F. The Rules Committee established by the Supreme Court
of Judicature Act, may, subject to negative resolution of
Parliament, make Rules of Court for the purposes of the
operation of sections 19A to 19D.

20. Where, in any proceedings with relation to an offence
under this Part, or any of the offences mentioned in the Schedule,
the Court is satisfied that the attendance before the Court of any
child or young person in respect of whom the offence is alleged
to have been committed is not essential to the just hearing of the
case, the case may be proceeded with and determined in the
absence of the child or young person.

21. (1) Where a person is charged with committing an
offence under this Part or any of the offences mentioned in the
Schedule, in respect of two or more children or young persons,
the same information or summons may charge the offence in
respect of all or any of them, but the person charged shall not be
liable to a separate penalty for each child or young person except
upon separate informations.

(2) The same information or summons may also charge
any person as having the custody, charge, or care, alternatively
or together, and may charge him with the offences of assault,



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Limitation of
time for
prosecution.
Schedule.

Continuous
offence.
Schedule.

Right of parent,
etc., to
administer
punishment.

Interpretation—
“Fit person”.
[19 of 1994].

Person liable for
maintenance.

ill-treatment, neglect, abandonment, or exposure, together or
separately, and may charge him with committing all or any of
these offences in a manner likely to cause unnecessary suffering
or injury to health, alternatively or together, but when these
offences are charged together, the person charged shall not be
liable to a separate penalty for each.

(3) A person shall not be summarily convicted of an
offence under this Part, or of an offence mentioned in the Schedule,
unless the offence was wholly or partly committed within six
months before the information was laid; but, subject as aforesaid,
evidence may be taken of acts constituting, or contributing to
constitute, the offence, and committed at any previous time.

(4) When an offence under this Part or any offence
mentioned in the Schedule, charged against any person is a
continuous offence, it shall not be necessary to specify in the
information, summons, or indictment, the date of the acts
constituting the offence.

SUPPLEMENTAL

22. Nothing in this Part shall be construed to take away or
affect the right of any parent, teacher, or other person having the
lawful control or charge of a child or young person to administer
reasonable punishment to such child or young person.

23. (1) In this Part, the expression “fit person”, in relation to
the care of any child or young person, includes any body corporate,
authority, agency or society established for the reception of
children and young persons to whom this Act applies.

(2) For the purposes of this Part—
(a) any person who is the parent or legal guardian of

a child or young person or who is legally liable to
maintain a child or young person is presumed to
have the custody of the child or young person,
and, as between father and mother, the father shall
not be deemed to have ceased to have the custody

30 Chap. 46:01 Children

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Children Chap. 46:01 31

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Person who has
charge of child.

Person who has
care of child.

Sale of tobacco
to children.
[2 of 2002].

Forfeiture
of tobacco.
[2 of 2002].

Automatic
machines for
sale of tobacco.
[2 of 2002].

of the child or young person by reason only that
he has deserted, or otherwise does not reside with,
the mother and child or young person;

(b) any person to whose charge a child or young
person is committed by any person who has the
custody of the child or young person is presumed
to have charge of the child or young person; and

(c) any other person having actual possession or
control of a child or young person is presumed
to have the care of the child or young person.

PART II

JUVENILE SMOKING

24. If any person sells to a person apparently under the age of
sixteen years any tobacco products, whether for his own use or not,
he is liable, on summary conviction, in the case of a first offence to
a fine of two thousand dollars, in the case of a second offence to a
fine of five thousand dollars, in the case of a third or subsequent
offence to a fine of seven thousand five hundred dollars.

25. Any constable shall seize any tobacco products in the
possession of any person apparently under the age of sixteen
whom he finds smoking in any street or public place, and any
tobacco products so seized shall be disposed of in such manner as
the Commissioner of Police may direct, and such constable shall
be authorised to search any boy so found smoking, but not a girl.

26. (1) Where it is shown to the satisfaction of a Magistrate,
on the complaint of any person, that any automatic machine for
the sale of tobacco products kept on any premises is being
extensively used by children or young persons, the Magistrate
may order the owner of the machine or the person on whose
premises the machine is kept to take such precautions to prevent
the machine being so used as may be specified in the order, or, if
necessary, to remove the machine, within such time as may be
specified in the order.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Vendor to
display sign.
[2 of 2002].

Exemptions.
[2 of 2002].

Application
of Part II.
[2 of 2002].

(2) If any person against whom any such order has been
made fails to comply with the order, he is liable, on summary
conviction, to a fine of two hundred dollars, and to a further fine
of forty dollars for each day during which the offence continues.

26A. (1) Every vendor of tobacco products shall cause to be
displayed at all times in a prominent place in that part of the
premises where the tobacco products are offered for sale, a sign,
written in large, bold, legible, upper case characters that reads
as follows:

THE SALE OF TOBACCO PRODUCTS TO
INDIVIDUALS UNDER THE AGE OF
EIGHTEEN YEARS IS PROHIBITED

(2) A person who fails to comply with subsection (1)
commits an offence and is liable on summary conviction to a fine
of one thousand dollars.

27. The provisions of this Part which make it an offence to
sell tobacco products, and which authorise the seizure of tobacco
products, shall not apply where the person to whom the tobacco
products are sold, or in whose possession they are found, was at
the time employed by a manufacturer of or dealer in tobacco,
either wholesale or retail, for the purposes of his business.

28. (1) For the purposes of this Part—
“tobacco products” means cigarettes, cigars, chewing tobacco,

pipe tobacco or tobacco in any of its forms and
cigarette paper;

“cigarette” includes cut tobacco rolled up in paper, tobacco leaf
or other material in such form as to be capable of immediate
use for smoking;

“cigarette paper” means paper used for rolling tobacco to be used
for cigarettes.

(2) This Part shall apply to smoking mixtures intended
as a substitute for tobacco in like manner as it applies to
tobacco products.

32 Chap. 46:01 Children

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Children Chap. 46:01 33

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Interpretation of
Part III.
[19 of 1994].

Managers of
school.

Government
schools.

Appointment of
Inspector.

PART III

INDUSTRIAL SCHOOLS AND ORPHANAGES

29. (1) For the purposes of this Part—

“certified school” means an Industrial School or Orphanage which
is certified in accordance with the provisions of this Part;

“child” used in reference to a child ordered to be sent to a certified
Orphanage or to be transferred from a certified Industrial
School to a certified Orphanage, applies to that child during
the whole period of detention, whether in the Orphanage or
out on licence, notwithstanding that the child attains the age
of fourteen years before the expiration of that period;

“Industrial School” means a school for the industrial training of
youthful offenders, in which youthful offenders are lodged,
clothed, and fed, as well as taught;

“Inspector” means the Inspector of Industrial Schools and
Orphanages appointed under this Part;

“Orphanage” means a school for the industrial training of
children, or a home or institution, in which children are
lodged, clothed, and fed, as well as taught.

(2) The persons for the time being having the
management or control of a school shall be deemed the managers
thereof for the purposes of this Part.

30. (1) Government Industrial Schools and Orphanages
shall be established within Trinidad and Tobago and the
provisions of this Part, with the exception of the provisions of
sections 33 to 42 (both inclusive), shall apply to all such schools
as if they were certified schools.

(2) The expense attendant upon the establishment,
conduct, and maintenance of such schools shall be paid out of
moneys provided by Parliament.

31. (1) There shall be in the public service an Inspector of
Industrial Schools and Orphanages.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Application of
Act to certain
schools and
their inmates.

Land for site
of school.

Resumption
of land.

(2) The Inspector shall perform all the duties imposed
on him by this Part and shall be charged with the general
superintendence of all schools established under this Part, or
existing at the time of the commencement of this Act, and shall,
in particular, from time to time inspect all Industrial Schools and
Orphanages and shall make such reports and in such form as
the Minister may from time to time direct.

32. (1) The Industrial Schools and Orphanages known
respectively as the Diego Martin Boys’ Industrial School, the
Belmont Girls’ Industrial School, the Belmont Orphanage, and
the Tacarigua Orphanage, shall be deemed to be certified schools
within the meaning of this Part, and this Part shall apply to all
such schools, and to youthful offenders and children detained in
such schools.

(2) In any order in council, proclamation, bye-law, rule,
or regulation, and in any legal document, made before
17th March 1925, references to a Reformatory School shall be
deemed references to an Industrial School, and references to an
Industrial School shall be deemed references to an Orphanage.

33. (1) The President may convey, lease, or otherwise
assure land for the site of a school to be established under this
Part to such persons or person as managers or manager, upon
such terms and subject to such conditions and stipulations
relative to reconveyance, forfeiture, and resumption of such land
or otherwise as to him shall seem fit and proper.

(2) Upon the withdrawal of any certificate as hereinafter
provided, the President or any person authorised by him may
make entry upon and resume possession of all lands which may
have been conveyed, leased, or otherwise assured to any person
under this section, and of all buildings and erections thereon. Such
entry upon and resumption of any such lands and buildings by the
President or any person so authorised by him shall operate as a
reconveyance or surrender thereof, as the case may be, to the State
by the person to whom the same shall have been conveyed, leased,
or otherwise assured; and such lands and buildings shall from that
time onward become absolutely vested in the State.

34 Chap. 46:01 Children

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Children Chap. 46:01 35

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Certification of
schools.

Power of
Minister to
withdraw
certificate.

Resignation of
certificate by
managers.

Effect of
withdrawal or
resignation of
certificate.

CERTIFICATION OF SCHOOLS

34. (1) The Minister may, upon the application of the
managers of any Industrial School or Orphanage, direct the Inspector
to examine into the condition and regulations of the school and its
fitness for the reception of youthful offenders or children to be sent
there under this Part, and to report to him thereon.

(2) The Minister, if satisfied with the report of the
Inspector, may certify that the school is fit for the reception of
youthful offenders or children to be sent there in pursuance of
this Part.

35. (1) The Minister if dissatisfied with the condition, rules,
management, or superintendence of a certified school, may, at
any time, by notice served on the managers of the school, declare
that the certificate of the school is withdrawn as from a time
specified in the notice, being not less than six months after the
date of the notice; and at that time the withdrawal of the certificate
shall take effect, and the school shall cease to be a certified school.

(2) The Minister may, if he thinks fit, instead of
withdrawing the certificate, by notice served on the managers of
the school, prohibit the admission of youthful offenders or
children to the school for such time as may be specified in the
notice or until the notice is revoked.

36. The managers of a certified school may, on giving six
months’, and the executors or administrators of a deceased
manager (if only one) of a certified school may, on giving one
month’s, notice in writing to the Minister of their intention so to
do, resign the certificate for the school, and, accordingly, at the
expiration of six months or one month (as the case may be) from
the date of the notice (unless before that time the notice is
withdrawn), the resignation of the certificate shall take effect, and
the school shall cease to be a certified school.

37. A youthful offender or child shall not be received into a
certified school in pursuance of this Part after the date of the receipt
by the managers of the school of a notice of withdrawal of the

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Disposal of
inmates on
withdrawal or
resignation of
certificate.

Publication of
grant, etc., of
certificate.

Liabilities of
managers.

Power to
make Rules.

certificate for the school or after the date of a notice of resignation
of the certificate; but the obligation hereinafter mentioned of the
managers to teach, train, lodge, clothe, and feed any youthful
offenders or children detained in the school at the respective dates
aforesaid shall, except so far as the Minister otherwise directs,
continue until the withdrawal or resignation of the certificate takes
effect, or until the discontinuance of payments under rules made
under this Part towards the expenses of the offenders and children
detained in the school, whichever may first happen.

38. Where a school ceases to be a certified school, the
youthful offenders or children detained therein shall be, by order
of the Minister, either discharged or transferred to some other
certified school in accordance with this Part relating to discharge
and transfer.

39. A notice of the grant of a certificate to an Industrial
School or Orphanage, or of withdrawal or resignation of such a
certificate, shall within one month be published in the Gazette.

DUTIES AND POWERS OF MANAGERS

40. The managers of a certified Orphanage, though not of a
certified Industrial School, may decline to receive any youthful
offender or child proposed to be sent to them in pursuance of this
Part, but when the managers, whether of a certified Industrial
School or Orphanage, have once accepted any such offender or
child they shall be deemed to have undertaken to teach, train,
lodge, clothe, and feed him during the whole period for which he
is liable to be detained in the school, or until the withdrawal or
resignation of the certificate for the school, or until the
discontinuance of payments under Rules made under this Part
towards the expenses of the offenders or children detained in the
school, as hereinafter provided, whichever may first happen.

41. The managers of a certified school may at any time, and
shall, whenever so required by the Minister, make Rules for the
management and discipline of the school, but the Rules so made
shall in all cases be subject to approval by the Minister.

36 Chap. 46:01 Children

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Children Chap. 46:01 37

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Approval of
alteration, etc.,
of buildings.

Commitment of
offenders
between ten and
sixteen years of
age to Industrial
Schools.

Children liable
to be sent to
Orphanages.
[17 of 1981
27 of 1986].

42. No substantial addition to or alteration in the buildings of
a certified school shall be made without the approval in writing
of the Minister.

MODE OF SENDING OFFENDERS AND CHILDREN
TO CERTIFIED SCHOOLS AND THEIR

TREATMENT THEREIN

43. Where a youthful offender is charged before the High
Court or before a Magistrate with an offence punishable in the case
of an adult by imprisonment, and in the opinion of the Court before
which he is charged such youthful offender is ten years of age or
upwards but less than sixteen years of age, the Court, if satisfied on
enquiry that it is expedient so to deal with the youthful offender,
may order him to be sent to a certified Industrial School.

44. (1) Any person may, without a warrant, bring before
a Magistrate any person apparently under the age of fourteen
years who—

(a) is found begging or receiving alms (whether or
not there is any pretence of singing, playing,
performing, offering anything for sale, or
otherwise), or being in any street, premises or
place for the purpose of so begging or
receiving alms;

(b) is found wandering and not having any home or
settled place of abode, or visible means of
subsistence, or is found wandering and having
no parent or guardian, or a parent or guardian
who does not exercise proper guardianship;

(c) is found destitute, not being an orphan and
having both parents or his surviving parent
undergoing imprisonment;

(d) has no parent, guardian, or other person able and
willing to provide for or control him;

(e) is under the care of a parent or guardian, who,
by reason of criminal or drunken habits, is unfit
to have the care of the child;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ch. 11:28.

Detention of
child under ten
years of age in
Orphanage.

Child of ten or
eleven years
may be sent to
Orphanage
in lieu of
Industrial
School.

(f) is the daughter of a father who has been
convicted of an offence under section 6 or
section 12 of the Sexual Offences Act, in respect
of any of his daughters;

(g) frequents the company of any reputed thief, or
of any common or reputed prostitute; or

(h) is lodging or residing in a house or the part of a
house used by any prostitute for the purposes of
prostitution, or is otherwise living in
circumstances calculated to cause, encourage, or
favour the seduction or prostitution of the child,

and the Magistrate before whom a person is brought as coming
within one of these descriptions, if satisfied on enquiry of that
fact, and that it is expedient so to deal with him, may order him to
be sent to a certified Orphanage; but a child shall not be treated as
coming within the description contained in paragraph (g) if the
only common or reputed prostitute whose company the child
frequents is the mother of the child, and she exercises proper
guardianship and due care to protect the child from contamination.

(2) Where a child apparently under the age of ten years
is charged before the High Court or before a Magistrate with
an offence punishable in the case of an adult by imprisonment or
a less punishment, the Court, if satisfied on enquiry that it is
expedient so to deal with the child, may order him to be sent to a
certified Orphanage.

(3) Where a child, apparently of the age of ten or eleven
years, who has not previously been convicted, is charged before a
Magistrate with an offence punishable in the case of an adult by
imprisonment or a less punishment, and the Magistrate is satisfied
that the child should be sent to a certified school but, having regard
to the special circumstances of the case, should not be sent to a
certified Industrial School, and is also satisfied that the character
and antecedents of the child are such that he will not exercise an
evil influence over the other children in a certified Orphanage, the
Magistrate may order the child to be sent to a certified Orphanage,

38 Chap. 46:01 Children

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Children Chap. 46:01 39

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Inability of
parent to
control child.

Probation
in lieu of
detention order.

Ch. 13:51.

Committal to
care of relative.

Committal of
young person to
care of relative
or fit person in
certain cases.

having previously ascertained that the managers are willing to
receive the child; but where the Magistrate so orders the Minister
may, on the application of the managers of the Orphanage, by
order transfer the child to a certified Industrial School.

(4) (a) Where a parent or guardian of a child proves to a
Magistrate that he is unable to control the child, and that he desires
the child to be sent to an Orphanage under this Part, the Magistrate,
if satisfied on enquiry that it is expedient so to deal with the child,
and that the parent or guardian understands the results which will
follow, may order him to be sent to a certified Orphanage.

(b) However, if the Magistrate thinks that it is
expedient that the child instead of being sent to a certified
Orphanage should be placed under the supervision of a probation
officer, the Magistrate may deal with him in like manner as, if he
had been charged with an offence, the Magistrate might have dealt
with him under the Probation of Offenders Act, so however, that
the recognisance on entering into which he is discharged shall
bind him to appear for having a detention order made against him.

(5) Where, under this section, a Court is empowered to
order a child to be sent to a certified Orphanage, the Court, in lieu
of ordering him to be so sent, may, in accordance with the
provisions of Part I, make an order for the committal of the child
to the care of a relative or other fit person named by the Court,
and the provisions of that Part shall, so far as applicable, apply as
if the order were an order under that Part.

45. Any person may bring before a Magistrate any person
apparently of the age of fourteen or fifteen years so
circumstanced that if he were a child he would come within one
or other of the descriptions mentioned in section 44(1), and the
Magistrate, if satisfied on enquiry of that fact and that it is
expedient so to deal with him, may, in accordance with the
provisions of Part I, make an order for his committal to the care
of a relative or other fit person named by the Magistrate, and the
provisions of that Part shall, so far as applicable, apply as if the
order were an order under that Part.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

In such cases,
young persons
may be placed
under
supervision of
probation
officer.
[40 of 1961].
Ch. 13:51.

Operation of
order may
be deferred.

Choice of
school.

Conveyance
to school.

46. Where, under the provisions of this Part, an order is made
for the committal of a child or young person to the care of a
relative or other fit person named by the Court, the Court may, in
addition to such order, make an order under the Probation of
Offenders Act that the child or young person be placed under the
supervision of a welfare officer (probation) provided that the
recognisance into which the child, if not charged with an offence,
or the young person is required to enter, shall bind him to appear
and submit to the further order of the Court.

47. An order of a Court ordering a youthful offender or child
to be sent to and detained in a certified school (in this Act referred
to as a detention order) may, if the Court thinks fit, be made to
take effect either immediately or at any later date specified
therein, regard being had to the age or health of the youthful
offender or child.

48. (1) The school to which a youthful offender or child is
to be sent under a detention order shall be such school as may be
specified in the order, being, in the case of a certified Orphanage,
some school, the managers of which are willing to receive the
youthful offender or child.

(2) Pending the receipt of the approval or direction of
the Minister, where required under this Part, the youthful
offender or child in respect of whom a detention order has been
made, by direction of the Court by which such order was made,
be detained either in a place of detention or in the custody of any
person named by the Court, and the provisions of this Part with
respect to the detention of youthful offenders or children under a
detention order shall apply to an offender or child directed to be
detained as aforesaid.

49. (1) The person by whom any youthful offender or child
ordered to be sent to a certified school is detained shall, at the
appointed time, deliver him into the custody of the constable
responsible for his conveyance to school, who shall deliver him

40 Chap. 46:01 Children

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Children Chap. 46:01 41

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Detention order
effective on
transfer.

Period of
detention.

Provision as to
religious
persuasion.

to the superintendent or other person in charge of the school in
which he is to be detained, together with the order or other
document in pursuance of which the offender or child was
detained and is sent to the school.

(2) The detention order in pursuance of which the youthful
offender or child is sent to a certified school shall be a sufficient
authority for his conveyance to and detention in the school, or any
other school to which he is transferred under this Part.

50. The detention order shall specify the time for which the
youthful offender or child is to be detained in the school, being—

(a) in the case of a youthful offender sent to an
Industrial School, until such offender attains the
age of eighteen years. However, the Court may, if
it thinks fit, on the application of the managers of
a certified Industrial School and with the consent
of such offender, make an order extending the
time of detention in the case of a female until she
attains the age of twenty-one years; and

(b) in the case of a child sent to an Orphanage, until
such child attains the age of sixteen years.
However, the Court may, if it thinks fit, on the
application of the managers of a certified
Orphanage and with the consent of such child,
make an order extending the time of detention in
the case of a male until he attains the age of
eighteen years and in the case of a female until
she attains the age of twenty-one years.

51. (1) The High Court or a Magistrate, in determining the
school to which a youthful offender or child is to be sent, shall
endeavour to ascertain the religious persuasion to which the
offender or child belongs, and the detention order shall, where
practicable, specify the religious persuasion to which the offender
or child appears to belong, and a school conducted in accordance
with that persuasion shall, where practicable, be selected.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Presumption
as to religious
persuasion.

Order to
remove.

Application
within
thirty days.

When no school
conducted
according to
religion of
offender or
child.

(2) In all cases in which the religion of the parents or
guardians of any youthful offender or child is not known, such
offender or child shall be deemed to belong to that religious
persuasion in which he shall appear to have been baptised, or of
which he shall profess to be a follower.

(3) Where an order has been made for sending a
youthful offender or child to a certified school which is not
conducted in accordance with the religious persuasion to which
the offender or child belongs, the parent, step-parent, or guardian,
or, if there be no parent, step-parent, or guardian, then the god-
parent or nearest adult relative may apply—

(a) if the detention order was made by a Magistrate,
then to such Magistrate; and

(b) in any other case, to the Minister,

to remove or send the offender or child to a certified school
conducted in accordance with the offender’s or child’s religious
persuasion, and the Magistrate or Minister, as the case may be,
shall, on proof of the offender’s or child’s religious persuasion,
comply with the request of the applicant.

(4) For the purposes of subsection (3)—
(a) the application must be made before the offender

or child has been sent to a certified school, or
within thirty days after his arrival at the school;

(b) the applicant must show to the satisfaction of the
Magistrate or Minister that the managers of the
school named by him are willing to receive the
offender or child.

(5) Nothing in subsection (4) shall be construed as
preventing any such person as mentioned above from making an
application to the Minister after the expiration of the said period
of thirty days to exercise the powers of transfer conferred upon
him by the other provisions of this Act.

52. If there is no school in Trinidad and Tobago conducted in
accordance with the religious persuasion of any youthful
offender or child, and the High Court or Magistrate is by reason
thereof unable to choose a school, then and in such case the

42 Chap. 46:01 Children

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Children Chap. 46:01 43

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Exemption from
religious
instruction, etc.

Manager to
submit notice
claiming
exemption to
Inspector.

Inspector to
report to
Minister when
exemption not
observed.

Minister on
report may
transfer
offender.

Placing out
on licence.

youthful offender or child shall be sent to such school as the
Minister may direct, or as may be prescribed for such cases by
rules made under the authority of this Part.

53. The parent or guardian, or if there is no parent or guardian,
then the godparent or nearest adult relative, of any youthful
offender or child directed to be sent to a school which is not
conducted according to the religious persuasion of the youthful
offender or child, may claim, by notice in writing addressed to the
managers of the school, the exemption of the youthful offender or
child from attending prayer, or religious worship, or from any
lesson or series of lessons on a religious subject, and the youthful
offender or child shall be exempted accordingly.

54. It shall be the duty of the managers to submit such notice
to the Inspector for his information and guidance, and the
managers shall, in every such case, make proper provision for
enabling any such youthful offender or child to attend divine
worship at his church or place of worship and to receive religious
instruction according to the doctrines or formularies of the
denomination, church, or sect to which he may belong.

55. (1) If the managers of any school permit or suffer any
youthful offender or child to attend prayer or religious worship, or
to be taught any particular religious doctrine, from the attendance at
which, or from the teaching of which, any exemption has been
claimed by notice as provided in section 53, the Inspector shall
make full enquiry into the matter and report thereon to the Minister.

(2) The Minister may on such report, if he thinks fit,
order the youthful offender or child to be transferred to some
other school.

56. (1) When a youthful offender or child is detained in a
certified school, the managers of the school may at any time, with
the consent of the Minister, by licence, permit the offender or child
to live with any trustworthy and respectable person named in the
licence willing to receive and take charge of him.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Forfeiture of
licence.

Revocation
of licence.

Escape.

Licence period
to be deemed
part of time of
detention.

Parent may be
summoned to
produce child.

Discharge and
transfer.

(2) Any licence so granted shall be in force until
revoked or forfeited by the breach of any of the conditions on
which it was granted.

(3) The managers of the school may at any time, by order
in writing made with the approval of the Minister, revoke any such
licence, and order the offender or child to return to the school.

(4) Any youthful offender or child escaping from the
person with whom he is placed in pursuance of this section, or
refusing to return to the school when required to do so on the
revocation or forfeiture of his licence, is liable to the same
penalty as if he had escaped from the school itself.

(5) The time during which a youthful offender or child
is absent from a certified school in pursuance of a licence under
this section shall be deemed to be part of the time of his
detention in the school; but where a youthful offender or child
has failed to return to the school on the licence being forfeited
or revoked, the time which elapses after his failure so to return
shall be excluded in computing the time during which he is to be
detained in the school.

(6) Where a licence has been revoked or forfeited, and the
youthful offender or child refuses or fails to return to the school, a
Magistrate, if satisfied by complaint on oath that there is
reasonable ground for believing that his parent or guardian could
produce the youthful offender or child, may issue a summons
requiring the parent or guardian to attend before him on such day
as may be specified in the summons, and to produce the child, and
if he fails to do so without reasonable excuse he is, in addition to
any other liability to which he may be subject under this Part, liable
on summary conviction to a fine of forty dollars.

57. (1) The Minister may at any time order a youthful
offender or a child to be discharged from a certified school, either
absolutely or on such conditions as the Minister approves, and may,
where the order of discharge is conditional, revoke the order on the
breach of any of the conditions on which it was granted; and
thereupon the youthful offender or child shall return to the school,

44 Chap. 46:01 Children

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Children Chap. 46:01 45

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Transfer orders.

Transfer for
medical
treatment.

Failure to return
to school.

and if he fails to do so he and any person who knowingly harbours
or conceals him or prevents him from returning to the school is
liable to the same penalty as if the youthful offender or child had
escaped from the school.

(2) The Minister may order—
(a) a youthful offender or child to be transferred

from one certified Industrial School to another
or from one certified Orphanage to another;

(b) a youthful offender under the age of fourteen
years detained in a certified Industrial School to
be transferred to a certified Orphanage;

(c) a child over the age of twelve years detained in
a certified Orphanage, who is found to be
exercising an evil influence over the other
children in the school, to be transferred to a
certified Industrial School,

but the whole period of detention of the offender or child shall
not be increased by the transfer, and where the school to which a
child is ordered to be transferred is a certified Orphanage, the
order shall have no effect unless the managers signify their
willingness to receive the child.

(3) The Minister may, by writing under his hand, order a
youthful offender or child detained in a certified school to be
transferred for medical treatment and care to a hospital or asylum,
upon such terms and conditions and for such period as shall seem
proper. When the Chief Medical Attendant of any hospital or
asylum certifies under his hand to the Minister that any such
youthful offender or child is in a fit state to be discharged
therefrom, the Minister shall, by writing under his hand, order such
youthful offender or child to be sent back to the certified school
from which he was originally transferred, there to be detained until
completion of his unexpired term in such school.

(4) If the youthful offender or child fails to return to the
school as mentioned in subsection (3), he and any person who
knowingly harbours or conceals him or prevents him from returning
to school is liable to the same penalty as if the youthful offender or
child had escaped from the school.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Re-committal
to Industrial
School.

Transfer from
prison to an
Industrial
School.

Power to
apprentice.

58. (1) Where a person who has been sent to a certified
Industrial School, is, either while at the school or after his discharge
from the school, convicted, whether on indictment or summarily, of
an offence for which he can, or could were he an adult, be sentenced
to imprisonment without the option of a fine, and is, in the opinion
of the Court before which he is charged, not more than seventeen
years of age, the Court may, in addition to or in lieu of sentencing
him according to law to any other punishment, order that he be
again sent to a certified Industrial School for any period not less
than one year nor more than five years, but not in any case
extending beyond the date on which such person will, in the opinion
of the Court, attain the age of eighteen years.

(2) A person ordered to be sent to a certified Industrial
School shall not in addition be sentenced to imprisonment.

59. The Minister may, if he thinks fit, at any time order a
person sentenced to imprisonment, who, in the opinion of the
Minister, is under the age of seventeen years, to be transferred from
prison to a certified Industrial School and there to be detained for
any period not less than one year nor more than five years, but not
in any case extending beyond the date on which such person will,
in the opinion of the Minister, attain the age of eighteen years.

60. The managers of a certified school may, if a youthful
offender or child detained in or placed out on licence from such
certified school has conducted himself well for at least twelve
months, bind such youthful offender or child, provided he is over
thirteen years of age and consents thereto, as an apprentice to any
trade, calling, or service, for such term, in such form, and under such
conditions as are approved of by the Minister, notwithstanding that
the period of detention of such youthful offender or child has not
expired, and the apprenticing shall be valid and effectual to all
intents as if the managers were his parents. No such term of
apprenticeship shall continue for a longer period than five years or
beyond the day when the apprentice attains the age of twenty-one
years in the case of a youthful offender, or, in the case of a child,
of eighteen years.

46 Chap. 46:01 Children

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Children Chap. 46:01 47

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Refusal to
conform to
rules.

Escaping from
Industrial
School.

Escaping from
Orphanage.

OFFENCES IN RELATION TO CERTIFIED SCHOOLS
AND APPRENTICES

61. (1) If a youthful offender detained in a certified
Industrial School is guilty of a serious and wilful breach of the
rules of the school or of inciting other inmates of the school to
such a breach, he is liable, on summary conviction, to have the
period of his detention in the school increased by such period not
exceeding six months as the Magistrate directs, or, if of the age
of sixteen years or upwards, to be imprisoned for three months;
and if sentenced to imprisonment he shall, at the expiration of the
term thereof, be brought back to the school, there to be detained
during a period equal to so much of his period of detention as
remained unexpired at the time of his being sent to prison.

(2) If a child of the age of twelve years or upwards
detained in a certified Orphanage is guilty of a serious and wilful
breach of the rules of the school, or of inciting other inmates of
the school to such a breach, he is liable, on summary conviction,
to be sent to a certified Industrial School, and to be there detained
subject and according to the provisions of this Part.

(3) A period of detention may be increased in pursuance
of this section notwithstanding that the period as so increased
will extend beyond the limits imposed by this Part.

62. (1) If a youthful offender detained in a certified
Industrial School escapes from the school, he may, at any time
before the expiration of his period of detention, be apprehended
without warrant, and may be then brought before a Magistrate;
and he shall be liable, on conviction, to be brought back to the
school from which he escaped and to have the period of his
detention therein increased by such period, not exceeding six
months, as the Magistrate directs, or, if of the age of sixteen years
or upwards, to be imprisoned for three months; and if sentenced
to imprisonment he shall, at the expiration of the term thereof, be
brought back to the school.

(2) If a child detained in a certified Orphanage escapes
therefrom, he may, at any time before the expiration of his period



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Period of escape
not reckoned in
period of
detention.

Detention
beyond
limitation
period.

Assisting to
escape and
harbouring, etc.

Offences by
apprentice.

of detention, be apprehended without warrant, and may be then
brought before a Magistrate; and he shall be liable, on conviction,
to be brought back to the Orphanage from which he escaped, or,
if of the age of twelve years or upwards, to be sent to a certified
Industrial School, and to be there detained subject and according
to the provisions of this Part.

(3) In computing the time during which a youthful
offender or child, who, having escaped, is brought back to a
certified school, is thereafter liable to be detained in that school,
the time during which he was absent from the school, including
the time (if any) during which he was imprisoned under this
section, shall not be reckoned as part of the period of detention.

(4) Where the period for which a youthful offender or
child, on being brought back to the school from which he escaped,
is liable to be detained therein would, by virtue of this section,
whether on account of any increase in the period of detention or
otherwise, extend beyond the limits imposed by this Part, the
youthful offender or child may, notwithstanding anything in this
Part, be detained in the school in accordance with this section.

(5) If any person—
(a) knowingly assists or induces, directly or

indirectly, an offender or child detained in or
placed out on licence from a certified school to
escape from the school or from any person with
whom he is placed out on licence; or

(b) knowingly harbours, conceals, or prevents from
returning to school, or to any person with whom
he is placed out on licence, an offender or child
who has so escaped, or knowingly assists in
so doing,

he is liable, on summary conviction, to a fine of one thousand
five hundred dollars or to imprisonment for three months.

63. If any youthful offender or child apprenticed under this
Part, wilfully neglects or refuses to conform to the terms and
conditions of his apprenticeship, or quits his master’s service

48 Chap. 46:01 Children

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Children Chap. 46:01 49

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Offences by
masters.

Contributions
by parents.
[15 of 1981
17 of 1981].

without the leave of his master, he is liable, on summary
conviction, to be sent back to the school from which he came,
there to be detained during a period equal to so much of his term
of apprenticeship as remains unexpired at the time of committing
the offence; or the Magistrate may order him to be sent to an
Industrial School, there to be detained for an equal period; and
every apprentice absent without leave from his master’s service
may be arrested without a warrant by any constable.

64. Where a master is made liable by law or by contract to
provide his apprentice with good and sufficient food, lodging, and
clothing, and with medical care and attendance when ill, and to
procure the regular attendance of the apprentice at the place of
worship of the religious denomination in which he has been
brought up, and to send the apprentice to the office of the Inspector,
and to allow the Inspector to visit the apprentice at his residence,
and the master wilfully and without lawful excuse refuses or
neglects to provide such good and sufficient food, lodging,
clothing, and medical care and attendance, whereby the health of
the apprentice is or is likely to be seriously or permanently injured,
or wilfully and without lawful excuse refuses or neglects to procure
the attendance of the apprentice at a place of worship, or to send
the apprentice to the Inspector, or to allow the Inspector to visit the
apprentice, or to comply with any condition in respect of the
apprentice for which such master is by law or by contract made
liable, the master is liable on summary conviction to a fine of one
thousand dollars, or to imprisonment for six months.

CONTRIBUTIONS BY PARENTS

65. (1) The parent or other person legally liable to maintain
a youthful offender or child ordered to be sent to or detained in a
certified school shall, if able to do so, contribute to his
maintenance therein a sum not exceeding the cost of maintenance
of such youthful offender or child in the school at the rate from
time to time prescribed.

For the purposes of this section, the term “parent” includes the
father of a child born out of wedlock.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ch. 46:08.

Order of Court.

(2) A Magistrate may, upon the hearing of the
complaint, as hereinafter provided, against any person in respect
of the maintenance of any child, if it is alleged in the complaint
that he is the father of such child, make a paternity order against
him in accordance with section 22 of the Family Law
(Guardianship, Domicile and Maintenance) Act; and a Magistrate
making an order under this section may direct that any amount
payable under the said Family Law (Guardianship, Domicile and
Maintenance) Act, shall for the future be paid to the Inspector and
to the extent thereof be applied towards the payment of the
amount ordered to be paid under this Part.

(3) (a) The Court by which a detention order is made
shall, at the time of making that order, unless it
considers that it is not in possession of the
necessary information; and

(b) any Magistrate may, on complaint being made
by or at the instance of the Inspector, at any time
whilst the youthful offender or child is detained
in the school,

make an order on such parent or other person for the payment to
the Inspector of such weekly sum, as, having regard to the ability
of the parent or other person, seems reasonable during the whole
or any part of the time for which the youthful offender or child is
liable to be detained in the school.

(4) If the Court making the detention order is the High
Court, then that Court may, if it thinks fit, remit the case to the
Magistrate of the district in which the youthful offender or child
was committed for trial, for the purpose of making an order under
this section, and, upon the case being so remitted, the Magistrate
shall have power to make any such order under this section as the
High Court might have made.

(5) Every such order may specify the time during which
the payment is to be made, or may direct the payment to be made
until further order.

50 Chap. 46:01 Children

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UPDATED TO DECEMBER 31ST 2014

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Children Chap. 46:01 51

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Variation of
order.

Order binding.

Application to
modify or
rescind.

Change of
address of
parent.

Remission of
contributions.

Contribution by
person other
than parent.

Attachment of
pension or
income.

(6) Any order made under this section may, on
application being made either by the person on whom the order
is made or by or at the instance of the Inspector, and on fourteen
days’ notice of such application being given to the Inspector or
person on whom the order was made, be varied by any Court
which would have had power to make the order.

(7) An order made under this section shall be binding on
the person on whom it is made. However, if that person was not
summoned to attend the sitting of the Court at which the order
was made, the order shall be served on him, and shall be binding
on him unless he makes an application against it within three
weeks from the date of such service to the Court by which the
order was made, on the ground either that he is not liable to
maintain the youthful offender or child, or that he is unable to
contribute the sum specified in the order, and, on any such
application being made, the Court may confirm the order with or
without modifications or may rescind it.

(8) Where a parent or other person has been ordered
under this section to contribute to the maintenance of a youthful
offender or child, he shall give notice of any change of address to
the Inspector, and if he fails to do so without reasonable excuse he
is liable, on summary conviction, to a fine of one hundred dollars.

(9) All sums received under this section shall be paid to
the Comptroller of Accounts.

(10) The Minister may, in his discretion, remit wholly or
partially any payment ordered to be made under this section.

(11) A constable, if so required by the Inspector, shall
take proceedings under this section on behalf of the Inspector.

(12) Where there is some person, other than the parent,
liable to maintain a youthful offender or child, an order under this
section may be made on that person notwithstanding that there
may be also a parent.

(13) Any Court making an order under this section for
contribution by a parent or other such person may, in any case



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Enforcement of
payment of
contributions.

Power to send
offenders
conditionally
pardoned to
Industrial
School.
[136/1976].

Persons in
charge of
youthful
offenders to
have powers of
constable.

where there is any pension or income payable to such parent or
other person and capable of being attached, after giving the
person by whom the pension or income is payable an opportunity
of being heard, further order that such part as the Court may see
fit of the pension or income be attached and be paid to the person
named by the Court. Such further order shall be an authority to
the person by whom such pension or other income is payable to
make the payment so ordered, and the receipt of the person to
whom the payment is ordered to be made shall be a good
discharge to such first-named person.

(14) All sums of money ordered to be paid under this
section may be recovered summarily by distress and sale of the
goods and chattels of the person upon whom such order is made,
and in case no sufficient distress is found, such person may be
imprisoned, with or without hard labour, for any term not
exceeding two months.

SUPPLEMENTAL PROVISIONS

66. Where a youthful offender has been sentenced to
imprisonment, and has been pardoned by the President on
condition of his placing himself under the care of some charitable
institution for the reception and reformation of youthful offenders,
the Minister may direct him, if under the age of sixteen years, to be
sent to a certified Industrial School for a period of not less than
three and not more than five years, but not in any case extending
beyond the time when he will, in the opinion of the Minister, attain
the age of eighteen years; and thereupon the youthful offender shall
be subject to all the provisions of this Part as if he had been
originally sentenced to detention in a certified Industrial School.

67. Every person authorised by the managers of a certified
school to take charge of any youthful offender or child ordered to
be detained under this Part for the purpose of conveying him to
or from the school, or of apprehending and bringing him back to
the school in case of his escape or refusal to return, shall, for that
purpose and while engaged in that duty, have all the powers,
protection, and privileges of a constable.

52 Chap. 46:01 Children

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Children Chap. 46:01 53

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Orders and
notices.
[16 of 1962].

Rules respecting
evidence of
documents.

68. (1) An order or other act of the Minister under this Part
may be signified under the hand of the Minister.

(2) An order or other act of the managers of a certified
school under this Part may be signified under the hands of the
managers or their secretary or clerk.

(3) Any notice may be served on the managers of a
certified school by being delivered personally to any one of them,
or by being sent by post or otherwise, in a letter addressed to them
or any of them at the school, or at the usual or last known place of
abode of any of the managers or of their secretary or clerk.

(4) No summons issued, notice given, or order made for
the purpose of carrying into effect the provisions of this Part shall
be invalidated for want of form only.

69. (1) The production of the Gazette containing a notice of
the grant, or of the withdrawal or resignation, of a certificate to a
certified school shall be sufficient evidence of the fact of a
certificate having been duly granted to the school named in the
notice, or of the withdrawal or resignation of such a certificate.

(2) The grant of a certificate to a certified school may
also be proved by the production of the certificate itself, or of a
document purporting to be a copy of the certificate and to be
attested as such by the Inspector.

(3) A certificate purporting to be signed by one of the
managers of a certified school, or by their secretary or clerk, or by
the superintendent or other person in charge of the school, to the
effect that the youthful offender or child therein named was duly
received into, and is at the date of the signing thereof detained in,
the school, or has been otherwise dealt with according to the law,
shall be evidence of the matters therein stated.

(4) An instrument purporting to be an order of a Court
under this Part and to be signed by the person constituting the
Court which made the order, or purporting to be a copy of such an
order, and to be certified as such a copy by the clerk to that Court,
shall be evidence of the order.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Rules.

(5) A copy of the rules purporting to be the rules of a
certified school, and to be signed by the Inspector, shall be
evidence of the rules of that school.

(6) A certificate purporting to be under the hand of the
Inspector stating that any sum due from a parent or other person
for the maintenance of a child or young person is overdue and
unpaid, shall be evidence of the facts stated therein.

(7) A school to which any youthful offender or child is
directed to be sent in pursuance of this Part shall, until the
contrary is proved, be deemed to be a certified school.

70. (1) The Minister may, for the purposes of this Part,
make Rules with respect to the following matters, that is to say:

(a) as to the management and discipline of any
certified school or place of detention, and to
prescribe the punishment for all offences against
the Rules or discipline of any certified school or
place of detention;

(b) to determine the sums or allowances to be from
time to time paid or made out of moneys
provided by Parliament for the upkeep and the
expenses incidental thereto of any certified
school or place of detention;

(c) as to the allowances to be from time to time made
out of moneys provided by Parliament for the
maintenance and support of children and youthful
offenders detained in any certified school or place
of detention, including the expenses of removal
in the case of any child or offender ordered to be
transferred from one school to another and the
expenses attendant upon dealing with children or
offenders under the provisions of this Part;

(d) as to all such other matters and things as may
appear necessary or expedient for effectually
carrying into operation the provisions of this Part
or as to which specific authority is given in this
Act to make Rules.

54 Chap. 46:01 Children

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Children Chap. 46:01 55

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Approval by
Parliament.

Forms.

Bail of children
and young
persons arrested.
[18 of 1994].

Ch. 4:60.

Custody of
children and
young persons
not discharged
on bail after
arrest.

However, no offender who is punished in pursuance of such
Rules is liable to be punished under section 61.

(2) All such rules shall be subject to affirmative
resolution of Parliament and when so affirmed shall have the
same force and effect as if they were contained in this Act.

(3) The Minister may also prescribe the forms to be used
for the purposes of this Part and all such forms so prescribed shall
be published in the Gazette.

PART IV

JUVENILE OFFENDERS

71. Where a person apparently under the age of sixteen years
is apprehended with or without warrant, and cannot be brought
forthwith before a Magistrate, the officer in charge of the Police
Station to which such person is brought shall enquire into the
case and may in any case, and shall—

(a) unless the charge is one of homicide or other
grave crime;

(b) unless it is necessary in the interest of such
person to remove him from association with any
reputed criminal or prostitute;

(c) unless the officer has reason to believe that the
release of such person would defeat the ends
of justice,

release such person on bail in accordance with the Bail Act,
subject to a duty to appear before a Magistrate’s Court at such
time and place as the officer appoints.

72. Where a person apparently under the age of sixteen years
having been apprehended is not so released as aforesaid, the
officer in charge of the Police Station to which such person is
brought shall cause him to be detained in a place of detention
provided under this Part until he can be brought before a
Magistrate, unless the officer certifies—

(a) that it is impracticable to do so;
(b) that he is of so unruly a character that he cannot

be safely so detained; or

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Association with
adults during
detention in
Police Station.

Remand or
committal to
custody in place
of detention.

Attendance
before
Magistrate of
parent of child
or young person
charged with an
offence, etc.
[19 of 1994].

Parent of
arrested child to
be warned to
attend Court.

(c) that by reason of his state of health or of his
mental or bodily condition it is inadvisable so to
detain him,

and the certificate shall be produced to the Magistrate before
whom the person is brought.

73. The Commissioner of Police shall make arrangements
for preventing, so far as practicable, a child or young person
while being detained in a Police Station from associating with an
adult, other than a relative, charged with an offence.

74. (1) A Magistrate, on remanding or committing for trial a
child or young person who is not released on bail, shall, instead of
committing him to prison, commit him to custody in a place of
detention provided under this Part and named in the commitment,
to be there detained for the period for which he is remanded or until
he is thence delivered in due course of law. However, in the case
of a young person, it shall not be obligatory on the Magistrate so to
commit him if the Magistrate certifies that he is of so unruly a
character that he cannot be safely so committed, or that he is of so
depraved a character that he is not a fit person to be so detained.

(2) A commitment under this section may be varied or,
in the case of a young person who proves to be of so unruly a
character that he cannot be safely detained in such custody, or to
be of so depraved a character that he is not a fit person to be so
detained, revoked by any Magistrate, and if it is revoked the
young person may be committed to prison.

75. (1) Where a child or young person is charged with an
offence or brought before a Magistrate under this Act, his parent
or guardian may, in any case, and shall, if he can be found and
resides within a reasonable distance, be required to attend at the
Court before which the case is heard or determined during all the
stages of the proceedings, unless the Court is satisfied that it
would be unreasonable to require his attendance.

(2) Where the child or young person is arrested, the
constable by whom he is arrested or the officer in charge of the

56 Chap. 46:01 Children

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UNOFFICIAL VERSION


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Children Chap. 46:01 57

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L.R.O.

Enforcing
attendance of
parent.

Ch. 4:20.

No attendance if
child removed
from custody
of parent.

Power to order
parent to pay
fine, etc.,
instead of child
or young person.

Security for
good behaviour
of child.

Police Station to which he is brought shall cause the parent or
guardian of the child or young person, if he can be found, to be
warned to attend at the Court before which the child or young
person will appear.

(3) Where a child or young person is arrested or charged
with any offence, or in proceedings referred to in section 15(1)
or (2), a summons or warrant may be issued by a Magistrate to
enforce the attendance of the parent or guardian for the purpose of
enabling such parent or guardian to take part in the proceedings
and enabling orders to be made against him, in the same manner
as if a complaint were made upon which a summons or warrant
could be issued against a defendant under the Summary Courts
Act, and a summons to the child or young person may include a
summons to the parent or guardian to enforce his attendance for
the said purpose.

(4) The parent or guardian whose attendance shall be
required under this section shall be the parent or guardian having
the actual possession and control of the child or young person.

(5) The attendance of the parent of a child or young
person shall not be required under this section in any case where
the child or young person was, before the institution of the
proceedings, removed from the custody or charge of his parent by
an order of a Court of Justice.

76. (1) Where a child or young person is charged before any
Court with any offence for the commission of which a fine,
damages, or costs may be imposed, and the Court is of opinion that
the case would be best met by the imposition of a fine, damages, or
costs, whether with or without any other punishment, the Court may
in any case, and shall if the offender is a child, order that the fine,
damages, or costs awarded be paid by the parent or guardian of the
child or young person instead of by the child or young person,
unless the Court is satisfied that the parent or guardian cannot be
found or that he has not conduced to the commission of the offence
by neglecting to exercise due care of the child or young person.

(2) Where a child or young person is charged with any
offence, the Court may order his parent or guardian to give security
for his good behaviour.



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UPDATED TO DECEMBER 31ST 2014

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Order on
parent without
conviction
of child.

Order though
parent fails
to attend.

Sums
recoverable
from parent
by distress.

Limitation
of costs.

Restrictions on
punishment of
children and
young persons.

(3) Where a Magistrate thinks that a charge against a
child or young person is proved, he may make an order on the
parent or guardian under this section for the payment of damages
or costs or requiring him to give security for good behaviour,
without proceeding to the conviction of the child or young person.

(4) An order under this section may be made against a
parent or guardian who, having been required to attend, has failed
to do so, but, save as aforesaid, no such order shall be made without
giving the parent or guardian an opportunity of being heard.

(5) Any sums imposed and ordered to be paid by a
parent or guardian under this section, or on forfeiture of any such
security as aforesaid, may be recovered from him by distress in
like manner as if the order had been made on the conviction of
the parent or guardian of the offence with which the child or
young person was charged.

77. Where a child or young person is himself ordered by a
Magistrate to pay costs in addition to a fine, the amount of the
costs so ordered to be paid shall in no case exceed the amount of
the fine, and (except so far as the Magistrate may think fit
expressly to order otherwise) all fees payable or paid by the
complainant in excess of the amount of costs so ordered to be paid
shall be remitted or repaid to him, and the Magistrate may also
order the fine or any part thereof to be paid to the complainant in
or towards the payment of his costs.

78. (1) A child shall not be sentenced to imprisonment for
any offence or committed to prison in default of payment of a
fine, damages, or costs.

(2) A young person shall not be sentenced to
imprisonment for any offence.

(3) A young person shall not be sentenced to
imprisonment for an offence or committed to prison in default
of payment of a fine, damages, or costs, unless the Court certifies
that the young person is of so unruly a character that he cannot be
detained in a place of detention provided under this Part, or that
he is of so depraved a character that he is not a fit person to be
so detained.

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Abolition of
death sentence
in case of person
under eighteen.
[6 of 1953].

Detention in
case of certain
crimes
committed by
children or
young persons.

Provisions as to
discharge of
children and
young persons
detained in
accordance with
directions of
Minister.

Substitution of
custody in place
of detention for
imprisonment.

(4) A young person sentenced to imprisonment shall not
be allowed to associate with adult prisoners.

79. Sentence of death shall not be pronounced on or recorded
against a person convicted of an offence if it appears to the Court
that at the time when the offence was committed he was under the
age of eighteen years; but in lieu thereof the Court shall sentence
him to be detained during the State’s pleasure, and, if so
sentenced, he shall be liable to be detained in such place and
under such conditions as the Minister may direct, and whilst so
detained shall be deemed to be in legal custody.

80. Where a child or young person is convicted on indictment
of an attempt to murder, or of manslaughter, or of wounding with
intent to do grievous bodily harm, and the Court is of opinion that
no punishment which, under the provisions of this Act, it is
authorised to inflict is sufficient, the Court may sentence the
offender to be detained for such period as may be specified in the
sentence; and, where such a sentence is passed, the child or young
person shall, during that period, notwithstanding anything in the
other provisions of this Act, be liable to be detained in such place
and on such conditions as the Minister may direct, and whilst so
detained shall be deemed to be in legal custody.

81. (1) A person in detention pursuant to the directions of
the Minister under sections 79 and 80 may, at any time, be
discharged by the Minister on licence.

(2) A licence may be in such form and may contain such
conditions as the Minister may direct.

(3) A licence may at any time be revoked or varied by
the Minister, and, where a licence has been revoked, the person
to whom the licence related shall return to such place as the
Minister may direct, and if he fails to do so may be apprehended
without warrant and taken to that place.

82. Where a child or young person is convicted of an offence
punishable, in the case of an adult, with imprisonment, or would,
if he were an adult, be liable to be imprisoned in default of payment
of any fine, damages, or costs, and the Court considers that none



UNOFFICIAL VERSION


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Methods of
dealing with
children and
young persons
charged with
offences.
[40 of 1961].

of the other methods in which the case may legally be dealt with
is suitable, the Court may, in lieu of sentencing him to
imprisonment or committing him to prison, order that he be
committed to custody in a place of detention provided under this
Part and named in the order, for such term as may be specified in
the order, not exceeding the term for which he might, but for this
Part, be sentenced to imprisonment or committed to prison, nor
in any case exceeding one month.

83. Where a child or young person charged with any offence
is tried by any Court, and the Court is satisfied of his guilt, the
Court shall take into consideration the manner in which, under
the provisions of this or any other Act enabling the Court to deal
with the case, the case should be dealt with, namely, whether—

(a) by dismissing the charge;

(b) by discharging the offender on his entering into
a recognisance;

(c) by so discharging the offender and placing
him under the supervision of a welfare officer
(probation);

(d) by committing the offender to the care of a
relative or other fit person;

(e) by sending the offender to an Industrial School;

(f) by sending the offender to an Orphanage;

(g) by ordering the offender to be whipped;

(h) by ordering the offender to pay a fine, damages,
or costs;

(i) by ordering the parent or guardian of the
offender to pay a fine, damages, or costs;

(j) by ordering the parent or guardian of the
offender to give security for his good behaviour;

(k) by committing the offender to custody in a place
of detention provided under this Part;

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Provision of
places of
detention.

(l) where the offender is a young person, by
sentencing him to imprisonment; or

(m) by dealing with the case in any other manner in
which it may legally be dealt with.

Nothing in this section shall be construed as authorising the
Court to deal with any case in any manner in which it could not
deal with the case apart from this section.

84. (1) The Commissioner of Police shall provide such places
of detention for each magisterial district as may be required for the
purposes of this Act; but nothing shall prevent the same place of
detention being provided for two or more magisterial districts.

(2) If more than one place of detention is provided for
any magisterial district, the Commissioner may determine that
any such place shall be used for some only of the purposes for
which places of detention are required to be provided and another
place for the other purposes.

(3) The authority or persons responsible for the
management of any institution other than a prison, whether
supported out of public funds or by voluntary contributions, but
subject in the case of an institution supported out of public funds
to the approval of the Minister, may agree with the Commissioner
for the use of the institution or any part thereof as a place of
detention on such terms as may be agreed upon between them
and the Commissioner.

(4) In selecting the place of detention to which a child or
young person is to be committed, the Court or police officer shall
have regard, where practicable, to the religious persuasion of the
child or young person.

(5) Where it is intended to bring a person before a
Magistrate as coming, or as being a person who, if a child, would
come, within one of the descriptions mentioned in section 44 (1),
and it is necessary that accommodation should be temporarily
provided for him, a place of detention may be used for his
accommodation until he can be brought before a Magistrate in
like manner as if he had been apprehended.

UNOFFICIAL VERSION


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Provisions as
to custody of
children and
young persons
in places of
detention.

Expenses of
maintenance of
child or young
person.

Juvenile Courts.

85. (1) The order of judgment in pursuance of which a child
or young person is committed to custody in a place of detention
provided under this Part shall be delivered with the child or
young person to the person in charge of the place of detention,
and shall be a sufficient authority for his detention in that place
in accordance with the tenor thereof.

(2) A child or young person whilst so detained and
whilst being conveyed to and from the place of detention shall be
deemed to be in legal custody, and if he escapes may be
apprehended without warrant and brought back to the place of
detention in which he was detained.

(3) The Minister shall cause places of detention
provided under this Part to be inspected, and may make Rules as
to the places to be used as places of detention, and as to their
inspection, and as to the classification, treatment, employment,
and control of children and young persons detained in custody in
a place of detention provided under this Part, and for the children
and young persons whilst so detained being visited from time to
time by persons appointed in accordance with those Rules.

86. The expenses incurred by the Commissioner of Police in
respect of any place of detention provided by him, including the
expenses of the maintenance of any child or young person detained
therein, whether detained on apprehension or committed to custody
on remand or commitment for trial or in lieu of imprisonment or in
default of payment of a fine, damages, or costs, shall be defrayed out
of such moneys as are from time to time provided by Parliament.

87. (1) A Magistrate, when hearing charges against children
or young persons, or when hearing applications relating to a child
or young person at which the attendance of the child or young
person is required, shall, unless the child or young person is
charged jointly with any other person not being a child or young
person, sit either in a different building or room from that in
which the ordinary sittings of the Court are held, or on different
days or at different times from those at which the ordinary
sittings are held, and a Magistrate’s Court so sitting is in this Act
referred to as a Juvenile Court.

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Interpretation of
Part V.

(2) Where, in the course of any proceedings in a
Juvenile Court, it appears to the Court that the person charged or
to whom the proceedings relate is of the age of sixteen years or
upwards, or where, in the course of any other proceedings before
a Magistrate, it appears that the person charged or to whom the
proceedings relate is under the age of sixteen years, nothing in
this section shall be construed as preventing the Court, if it thinks
it undesirable to adjourn the case, from proceeding with the
hearing and determination of the case.

(3) Provision shall be made for preventing persons
apparently under the age of sixteen years whilst being conveyed
to or from Court, or whilst waiting before or after their
attendance in Court, from associating with adults charged with
any offence other than an offence with which the person
apparently under the age of sixteen years is jointly charged.

(4) In a Juvenile Court no persons other than the
Magistrate and officers of the Court and the parties to the case,
their Attorneys-at-law, and other persons directly concerned in
the case, shall, except by leave of the Magistrate, be allowed to
attend; but bona fide representatives of a newspaper shall not be
excluded except by special order of the Court.

(5) No person shall publish the name, address, school,
photograph or anything likely to lead to the identification of the
child or young person before the Court, save with the permission
of the Court or in so far as required by this Act. Any person who
contravenes this subsection is liable, on summary conviction, to
a fine of four hundred dollars.

PART V

RESTRICTIONS ON EMPLOYMENT OF
YOUNG PERSONS

88. (1) In this Part—
“certified Industrial School” and “certified Orphanage” have the

meanings assigned to these terms in Part III of this Act;

“employ” and “employment” include employment in any labour
exercised by way of trade or for the purposes of gain,
whether the gain be to the child or to any other person;

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Ch. 30 No. 2.
(1950 Ed.).

President may
define industrial
undertakings.

Restrictions on
employment at
night of persons
under eighteen
years of age.

“industrial undertaking” includes particularly—
(a) mines, quarries and other works for the

extraction of minerals from the earth;
(b) industries in which articles are manufactured,

altered, cleaned, repaired, ornamented, finished,
adapted for sale, broken up or demolished, or in
which materials are transformed, including
shipbuilding, and the generation, transformation,
and transmission of electricity and motive power
of any kind;

(c) construction, reconstruction, maintenance,
repair, alteration or demolition of any building,
railway, tramway, harbour, dock, pier, canal,
inland waterway, road, tunnel, bridge, viaduct,
sewer, drain, well, telegraphic or telephonic
installation, electrical undertaking, gaswork,
waterwork, or other work of construction, as
well as the preparation for or laying the
foundations of any such work or structure;

(d) transport of passengers or goods by road or rail
or inland waterway, including the handling of
goods at docks, quays, wharves, and
warehouses, but excluding transport by hand;

“night” signifies a period of at least eleven consecutive hours,
including the interval between ten o’clock in the evening
and five o’clock in the morning.

(2) This Part shall not apply to children employed in
factories as defined in the Factories Ordinance.

89. The President may by Order define the line of division
which separates industry from commerce and agriculture, and
declare any particular undertaking to be an industrial undertaking
for the purposes of this Part.

90. (1) Any employer who employs a person under the age
of eighteen years at night in any public or private industrial
undertaking, or in any branch thereof, other than an undertaking

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in which only members of the family of the proprietor or owner
are employed, and other than as provided in subsection (2), is
guilty of an offence.

(2) Persons over the age of sixteen years may be
employed during the night in the following industrial
undertakings on work which by reason of the nature of the
process, is required to be carried on continuously day and night:

(a) manufacture of raw sugar; and
(b) any other undertaking which may be declared to

come under the exception created by this
subsection by Order of the President.

91. (1) A child under the age of sixteen years shall not be
employed or work in any public or private undertaking, or in any
branch thereof, other than an undertaking in which only members
of his family are employed; and any person who employs any
such child or permits him to work in contravention of this section
is guilty of an offence.

(2) This section shall not apply to work done by—
(a) a child and young person in schools for general,

vocational or technical education or in other
training institutions; or

(b) a child at least fourteen years of age in
undertakings, provided that the work is carried
out in accordance with conditions prescribed by
the Minister with responsibility for education,
after consultation with the organisations of
employers and workers concerned and the work
is an integral part of—

(i) a course of education or training for
which a school or training institution is
primarily responsible;

(ii) a programme of training mainly or entirely
in an undertaking, which programme has
been approved by the Minister with
responsibility for education; or

Restrictions on
employment of
a child under
the age of
sixteen years.
[3 of 2007].

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(iii) a programme of guidance or orientation
designed to facilitate the choice of an
occupation or of a line of training.

(3) In this section “family” means parents, brothers,
sisters and other lineal antecedents and descendants.

92. (1) All employers shall keep and maintain a register of
every person under the age of eighteen years employed by them, as
well as the name, address, and date of birth of every such person.

(2) The register shall on request by an inspector of the
Ministry with responsibility for labour be produced for
inspection at any reasonable hour of any working day.

(3) An employer who fails to comply with this section is
liable, on summary conviction, to a fine of two thousand five
hundred dollars and to imprisonment for six months.

92A. (1) The Minister to whom responsibility for labour is
assigned may designate in writing a suitably qualified public
officer as an inspector in his Ministry.

(2) Subject to section 92B an inspector shall have the
authority to require a parent or guardian or an employer or any other
person authorised by an employer, except a person engaged in a
confidential and professional relationship with that employer—

(a) to give him information with respect to
remuneration paid to, and the terms and conditions
of service enjoyed by, a person under the age of
eighteen years in the service of that employer; and

(b) to permit him to inspect any record, pay sheet or
certificate or representation of age relating to a
person under the age of eighteen years.

92B. (1) An inspector may at a reasonable time and with the
permission of the owner or occupier of any premises, enter the
premises where a person under the age of eighteen years is employed
or where there is any book, record or other document relating to a
person under the age of eighteen years which may afford evidence
as to the contravention of any provision of this Act and—

(a) if necessary, with the assistance of any person,
search the premises for any book, record, certificate
or representation of age or other document; and

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Employers to
keep register of
persons under
the age of
eighteen years.
[3 of 2007].

Inspectors.
[3 of 2007].

Powers of
entry.
[3 of 2007].

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(b) examine such book, record, certificate or other
document.

(2) Where during the course of the examination under
subsection (1), it appears to the inspector that there has been a
contravention of this Act, he may—

(a) require the parent, guardian, employer, or any
other person in the service of that employer to give
him all reasonable assistance with, and to answer
all questions relating to, the examination; or

(b) seize and take away book, record or other
document, relating to a person under the age of
eighteen years and retain them until they are
required to be produced in any proceeding; but
where such book, record or other document is
necessary for the continued operations of the
business, an employer shall be allowed
reasonable access to them.

(3) An inspector shall not demand entry to any premises
under subsection (1) except on the warrant of a Court.

(4) Where it is shown to the satisfaction of a Judge, on
sworn information in writing, that admission to premises has
been refused or withheld and that there is reasonable ground for
entry into the premises for any purpose stated in subsection (1),
the Judge may, subject to subsection (5), by warrant under his
hand, authorise entry on the premises.

(5) A Judge shall not issue a warrant under subsection (4)
unless he is satisfied either that written notice of the intention to
apply for a warrant has been given to the occupier; or that the
giving of such notice would defeat the object of the entry.

(6) Where an inspector enters any premises by virtue of
this section he may take with him any other person as may be
necessary to effect the purpose of his entry.

(7) A warrant issued under this section shall continue in
force for such reasonable time as may be necessary to effect the
purpose for which it was issued.

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(8) A person who obstructs any person doing anything
that he is authorised to do under this section or any person who,
unless he is unable to do so, fails or refuses to do anything which
he is required under this section to do, commits a contempt of the
Industrial Court, and shall be dealt with as such by that Court as
provided under the Industrial Relations Act.

(9) In this section, “Judge” means the President or Vice-
President of the Industrial Court.

93. (Repealed by Act No. 3 of 2007).

94. A parent or guardian who conduces to the employment of
a child under the age of sixteen years through wilful default, or by
habitually neglecting to exercise due care, is guilty of an offence.

94A. Where the offence of taking a child under the age of
sixteen years into employment is committed by an agent or
workman of the employer, the agent or workman is guilty of an
offence as if he were the employer.

94B. Where a child under the age of sixteen years is taken
into employment on the production, by or with the privity of
the parent or guardian, of a false or forged certificate, or on the
false representation by his parent or guardian that the child is
not under the age of sixteen years, the parent or guardian is
guilty of an offence.

95. If in a charge for an offence under this Part it is alleged
that the child in respect of whom the offence was committed was
under the age of sixteen at the date of the commission of the
alleged offence, he shall for the purposes of this Part be presumed
at that date to have been under the age of sixteen unless the
contrary is proved.

96. A person who commits an offence for which there is no
penalty specified under this Part is liable on summary conviction to a
fine of twelve thousand dollars and to imprisonment for twelve months.

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Ch. 88:01.

Neglectful
parent.
[3 of 2007].

Liability of
agent or
employer.
[3 of 2007].

False certificate
or
representation
of age.
[3 of 2007].

Presumption of
age.
[3 of 2007].

Penalties.
[3 of 2007].

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PART VI

MISCELLANEOUS AND GENERAL

97. In addition and without prejudice to any powers which a
Court may possess to hear proceedings in camera, the Court may,
where a person who, in the opinion of the Court, is a child or
young person, is called as a witness in any proceedings in relation
to an offence against, or any conduct contrary to, decency or
morality, direct that all or any persons, not being officers of the
Court or parties to the case, their Attorneys-at-law, or persons
otherwise directly concerned in the case, be excluded from the
Court during the taking of the evidence of the child or young
person. Nothing in this section shall authorise the exclusion of
bona fide representatives of a newspaper.

98. No child (other than an infant in arms) shall be permitted
to be present in Court during the trial of any person charged with
an offence, or during any proceedings preliminary thereto, and if
so present he shall be ordered to be removed, unless he is the
person charged with the alleged offence, or during such time as
his presence is required as a witness or otherwise for the purposes
of justice.

99. (1) Where a person, whether charged with an offence or
not, is brought before any Court otherwise than for the purpose
of giving evidence, and it appears to the Court that he is a child
or young person, the Court shall make due enquiry as to the age
of that person, and for that purpose shall take such evidence as
may be forthcoming at the hearing of the case, but an order or
judgment of the Court shall not be invalidated by any subsequent
proof that the age of that person has not been correctly stated to
the Court, and the age presumed or declared by the Court to be
the age of the person so brought before it shall, for the purposes
of this Act, be deemed to be the true age of that person, and,
where it appears to the Court that the person so brought before it
is of the age of sixteen years or upwards, that person shall, for the
purposes of this Act, be deemed not to be a child or young person.

Power to clear
Court whilst
child or young
person is giving
evidence in
certain cases.

Prohibition on
children being
present in Court
during the trial
of other persons.

Presumption and
determination
of age.

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(2) Where, in a charge or indictment for an offence
under this Act, or any of the offences mentioned in the Schedule,
it is alleged that the person by or in respect of whom the offence
was committed was a child or young person, or was under or
above any specified age, and he appears to the Court to have
been at the date of the commission of the alleged offence a child
or young person or to have been under or above the specified
age, as the case may be, he shall, for the purposes of this Act, be
presumed at that date to have been a child or young person or to
have been under or above that age, as the case may be, unless the
contrary is proved.

(3) Where, in any charge or indictment for an offence
under this Act, or any of the offences mentioned in the Schedule,
it is alleged that the person in respect of whom the offence was
committed was a child or was a young person, it shall not be a
defence to prove that the person alleged to have been a child was
a young person or the person alleged to have been a young
person was a child, in any case where the acts constituting the
alleged offence would equally have been an offence if committed
in respect of a young person or child respectively.

(4) Where a person is charged with an offence under
this Act in respect of a person apparently under a specified age,
it shall be a defence to prove that the person was actually of or
over that age.

100. (1) Except where otherwise expressly provided, all
offences under this Act may be prosecuted, and all penalties
incurred may be imposed or recovered, in the manner provided
by the Summary Courts Act.

(2) All orders of a Magistrate under this Act shall be
made, and all proceedings in relation to any such orders shall be
taken, in the manner provided by the Summary Courts Act.

(3) Any party to such proceedings who thinks himself
aggrieved by the order or decision of a Magistrate under this Act
may appeal from such order or decision in the manner provided
by the Summary Courts Act.

Presumption
of age.
Schedule.

Charge or
indictment not
bad for
misdescription.
Schedule.

Defence of
over age.

Recovery of
penalties.

Ch. 4:20.

Procedure.

Appeals.

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SCHEDULE

Any offence under—

(a) the Sexual Offences Act;

(b) sections 21 and 48 of the Offences Against the Person Act,
and any offence against a child or young person under
section 6 of that Act; and

(c) section 4 or 5 of the Summary Offences Act, or under
sections 6, 7, 8, 9 and 11 of the Sexual Offences Act.

(Sections 10,
15–21 and 99).
[20 of 1979
19 of 1994
28 of 1996].

Ch. 11:28.

Ch. 11:08.

Ch. 11:02.
Ch. 11:28.



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CHILDREN (AMENDMENT) ACT, 2000

ACT NO. 68 OF 2000

APPENDIX

72 68 of 2000 Children (Amendment)

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[64 of 2000]

“Rights and
responsi-
bilities.

Short title and
commencement.

Interpretation.
Ch. 46:01.

Section 2
amended.

Section 2A
inserted.

CHILDREN (AMENDMENT) ACT, 2000

ACT NO. 68 OF 2000

An Act to amend the Children Act, Ch. 46:01.

[ASSENTED TO 23RD OCTOBER 2000]

1. This Act may be cited as the Children (Amendment)
Act, 2000 and shall come into operation on such day as is fixed
by the President by Proclamation.

2. In this Act “the Act” means the Children Act.

3. Section 2 of the Act is amended by—
(a) inserting in the appropriate alphabetical

sequence the following definition:
“Authority” means the Children’s

Authority established under the
Children’s Authority Act, 2000”;

(b) deleting the word “fourteen” in the definition of
“child” and substituting the word “eighteen”;

(c) amending the definition of “place of safety” by
inserting after the word “means” the words “the
Children’s Authority,”; and”; and

(d) deleting the definition of “young person” and
substituting the following definition:

“young person” means a child who is over
the age of fourteen years of age and
under the age of eighteen years.

3A. The Act is amended by inserting after section 2
the following:

2A. (1) The guiding principles for parents in
relation to their children are contained in Parts A and B
of the Second Schedule respectively.



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Section 3
amended.

Section 4
amended.

Section 6
amended.

Section 7
amended.

Section 9
amended.

Section 12
amended.

Section 13
amended.

Section 18
amended.

Section 19
amended.

(2) The guiding principles describing the rights
and responsibilities of children are contained in Parts C
and D of the Second Schedule respectively.”.

4. Section 3 of the Act is amended in subsection (1) by
deleting the word “sixteen” and substituting the word “eighteen”.

5. Section 4 of the Act is amended by deleting the word
“sixteen” and substituting the word “eighteen”.

6. Section 6 of the Act is amended by deleting the word
“sixteen” and substituting the word “eighteen”.

7. Section 7 of the Act is amended by deleting the word
“sixteen” and substituting the word “eighteen”.

7A. Section 9 of the Act is amended by deleting the word
“sixteen” and substituting the word “eighteen”.

8. Section 12 of the Act is amended—
(a) in subsection (1), by deleting the word “sixteen”

and substituting the word “eighteen”; and
(b) in subsection (7), by deleting all the words

commencing with the words “an Orphanage” and
substituting the words “a children’s home, foster
home or making any other order as it thinks fit.”.

9. Section 13 of the Act is amended in subsection (2), by
deleting the words “a certified school under Part III” and
substituting the words “a community residence under the
Children’s Authority Act”.

9A. Section 18 of the Act is amended by deleting the words
“life or health of the child” and substituting the words “life or
physical, mental or psychological health of the child”.

9B. Section 19 is amended in subsection (7) by inserting after
the words “A child” the words “, over the age of ten,”.

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Section 19
amended.

Section 22
amended.

Section 24
amended.

Section 25
amended.

Section 26
amended.

Section 28
amended.

Sections 29 to
42 repealed.

10. Section 19E of the Act is amended by—
(a) renumbering that section as subsection (2); and
(b) inserting the following new subsection (1):

“(1) For the purpose of section 19, a
‘child’ means a person under the age of ten.”.

10A. Section 22 of the Act is amended—
(a) by renumbering section 22 as 22(1); and
(b) by inserting after section 22(1) as renumbered

the following subsection:
“(2) Reasonable punishment referred to

in subsection (1), in relation to a teacher,
does not include corporal punishment.”.

11. The Act is amended in section 24 by—
(a) deleting the word “sixteen” and substituting the

word “eighteen”; and
(b) deleting the words “one hundred dollars”, “two

hundred dollars” and “four hundred dollars” and
substituting the words “five hundred dollars”,
“one thousand dollars” and “one thousand five
hundred dollars” respectively.

11A. Section 25 of the Act is amended by deleting the word
“sixteen” and substituting the word “eighteen”.

11B. Section 26 of the Act is amended by deleting the words
“two hundred dollars, and to a further fine of forty dollars” and
substituting the words “one thousand dollars, and to a further fine
of two hundred and fifty dollars”.

11C. Section 28 of the Act is amended by deleting the word
“sixteen” and substituting the word “eighteen”.

12. The Act is amended by repealing sections 29 to 42
inclusive.

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Section 43
amended.

Section 44
amended.

Ch. 11:28.

Section 45
amended.

Section 50
amended.

Section 54
amended.

Section 55
amended.

Section 56
amended.

13. Section 43 is amended by deleting the word “sixteen”
and substituting the word “eighteen”.

14. (1) Section 44 of the Act is amended in subsection (1)—
(a) by deleting the word “fourteen” and substituting

the word “eighteen”; and
(b) by deleting paragraph (f) and substituting the

following:
“(f) is the child of a person who has been

convicted of an offence under
section 6 or section 12 of the Sexual
Offences Act in respect of any of his
children.”.

14A. Section 45 is amended by deleting the words “fourteen
or fifteen” and substituting the words “seventeen or eighteen”.

15. Section 50 of the Act is amended in—
(a) paragraph (a), by deleting the words “in the case

of a female until she attains” and substituting the
word “to”;

(b) paragraph (b), by—
(i) deleting the word “sixteen” and

substituting the word “eighteen”;
(ii) deleting the words “in the case of a male

until he attains the age of eighteen and in
the case of a female until she attains” and
substituting the word “to”.

16. Section 54 of the Act is amended by deleting the words
“Inspector for his” and substituting the words “Authority for its”.

17. Section 55 of the Act is amended by deleting the word
“Inspector” and substituting the word “Authority”.

18. Section 56 of the Act is amended by—
(a) deleting subsection (1) and substituting the

following subsection:

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“Temporary
placement
of child.
65 of 2000.

Sections 60, 63,
64 and 66
repealed.

56. (1) Where a person who is not a foster
parent as defined by Part V of the Children’s
Community Residences, Foster Homes and
Nurseries Act, wishes to care for a child
who is—

(a) in the care of a community residence;
(b) not a youthful offender; and
(c) is not related to him,

he shall apply to the manager of the community
residence for a licence for such care.”;

(b) inserting after subsection (1) the following
subsections:

“(1A) Where an application has been made
under subsection (1), the manager of the
community residence shall notify the
Authority of such application and shall supply
the following particulars:

(a) (i) name and address;
(ii) occupation and place of work;

and
(iii) marital status of the applicant;

(b) relationship of the applicant if any
with the child;

(c) period of intended placement;
(d) suitability of child for such

placement; and
(e) the reason for such placement.

(1B) Upon investigation by the Authority as to
the suitability of such placement, the
Authority may authorise the manager to
permit the child to be temporarily placed out
with the applicant.”.

18A. The Act is amended by repealing sections 60, 63, 64
and 66.

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Section 61
amended.

Section 62
amended.

Ch. 13:05.

Section 65
amended.

Section 69
repealed.

Section 70(1)
repealed and
substituted.

Sections 71 and
72 amended.

Section 78
amended.

Section 83
amended.

Section 87
amended.

Section 99
amended.

19. Section 61(1) of the Act is amended by deleting all the
words after “as the Magistrate directs”.

20. Section 62 of the Act is amended in subsection (1), by
deleting all the words after “to be imprisoned for three months”
and substituting the words “he shall be liable to be sent to an
Industrial Training Centre as established by the Young
Offenders Detention Act, for a term of three months and at the
expiration of the term thereof he may be required to serve the
balance period in a community residence.”.

21. Section 65 of the Act is amended by deleting the
word “Inspector” wherever it occurs and substituting the
word “Authority”.

22. Section 69 of the Act is repealed.

22A. The Act is amended by repealing section 70(1) and
substituting the following:

“70(1) The Minister may, for the purposes of this Part,
make Rules with respect to all matters and things as may
appear necessary and expedient for effectually carrying
into operation the provisions of this Part.”.

22B. The Act is amended in sections 71 and 72 by deleting the
word “sixteen” and substituting the word “eighteen”.

23. Section 78(1) of the Act is amended by inserting after the
word “child”, the words “under the age of fourteen”.

24. Section 83 of the Act is amended by deleting
paragraphs (g) and (l).

25. Section 87 of the Act is amended by deleting the word
“sixteen” wherever it occurs and substituting the word “eighteen”.

26. Section 99 of the Act is amended—
(a) in subsection (1), by—

(i) deleting the words “whether charged with
an offence or not, is brought before any

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Act amended.

Court otherwise than for the purpose of
giving evidence” and substituting the
words “charged with an offence is
brought before any Court,”;

(ii) deleting the words “this Act” and
substituting the words “Part IV”;

(b) by inserting after subsection (1), the following
new subsection (1A):

“(1A) Notwithstanding subsection (1),
where a person is brought before any Court,
otherwise than for the purpose of giving
evidence, and it appears to the Court that he is
a child or young person, the Court shall make
due enquiry as to the age of that person, and for
that purpose shall take such evidence as may
be forthcoming at the hearing of the case, but
an order or judgment of the Court shall not be
invalidated by any subsequent proof that the
age of that person has not been correctly stated
to the Court, and the age presumed or declared
by the Court to be the age of the person so
brought before it shall, for the purposes of this
Act, be deemed to be the true age of that
person, and where it appears to the Court that
the person so brought before it is of the age of
eighteen years or upwards, that person shall,
for the purposes of this Act, be deemed not to
be a child or young person.”.

27. (1) The Act is amended by—
(a) deleting the words “school” and “certified

school” wherever they occur and substituting
the words “Community Residence”;

(b) deleting the words “Industrial School” or
“certified Industrial School” wherever they
occur and substituting the words “Rehabilitation
Center”; and

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(c) deleting the words “Orphanage” or “certified
Orphanage” wherever they occur and
substituting the words “Children’s Home”;

(d) deleting the words “detention order”,
“detention” and “detained” wherever they occur
and substituting the words “placement order”,
“placement” and “placed” respectively.

SECOND SCHEDULE

PART A

PARENTAL RIGHTS

Every biological or adoptive parent of a child in Trinidad and Tobago
has rights in respect of that child under the laws of Trinidad and Tobago
including but not limited to—

1. the right to give the child a name of the parent’s choice;

2. the right to pass on the nationality of the parent to the child;

3. the right not to be separated from the child without the parent’s
consent unless the relevant Authorities decide that this would be in
the best interest of the child;

4. the right to provide religious direction and guidance to the child;

5. the right to request the State’s assistance in caring for the child where
the parents are unable to do so themselves;

6. the right to send the child to a State-supported school at the State’s
expense, or to a private or denominational school at the parent’s
own expense.

PART B

Every person in Trinidad and Tobago who is a parent of a child, or who
acts in loco parentis, has responsibilities under the law in respect of the
parenting function including but not limited to—

1. the responsibility to register the birth of the child with the
relevant authorities;

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2. the responsibility, within the parents’ abilities and financial
capacities, to secure the conditions of living adequate for the child’s
physical, mental, spiritual and moral development;

3. the responsibility to send the child to school, or to provide for
education at home of an equal standard;

4. the responsibility to guide and direct the child without the use of any
cruel, inhuman or humiliating punishment;

5. the responsibility to ensure that the child has time for rest, recreation,
creative expression and play;

6. the responsibility not to arbitrarily interfere with the child’s privacy;

7. the responsibility to protect the child from unlawful physical violence
and all forms of physical or emotional abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse,
while in the parent’s care;

8. the responsibility to make arrangements for the care of the child
when the parent is absent from the child;

9. the responsibility to ensure that the child under the age of twelve
years is not engaged in labour.

PART C

Every person under the age of eighteen years, born in Trinidad and
Tobago, or born to, or adopted by, parents who are citizens of Trinidad and
Tobago is a child and is subject to care and protection under the law including
but not limited to—

1. the right to live, survive and grow;

2. the right to be registered at birth or upon adoption, and to be a citizen
of Trinidad and Tobago;

3. the right not to be discriminated against under the law on the basis of
age, race, origin, colour, religion or sex;

4. the right not to be discriminated against or punished because of the
beliefs or actions of one’s family members;

5. the right to know and, as far as possible, to be cared for by one’s parents;

6. the right not to be separated from one’s parents against one’s will,
other than by a Court of law;

7. the right to privacy in one’s own family, home, and in respect of one’s
correspondence;

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8. the right to hold ideas of one’s own, including religious beliefs and to
express those views freely in matters affecting themselves;

9. the right to associate with other people for a peaceful purpose;

10. the right not to be treated with violence by a family member, a
teacher, a public officer or by any other person;

11. the right to free education up to the age of twelve;

12. the right not to have to work at anything that is dangerous or that will
interfere with education;

13. where the child has broken the law and is in custody, the right not to
be subjected to, inhuman or degrading punishment. A child under the
age of eleven giving evidence in a Court matter shall not be subject
to the laws governing perjury and shall have the option of giving
evidence by electronic means;

14. the right not to be subject to capital punishment, nor to life
imprisonment without the possibility of release;

15. the right of a child offender not to be placed in custody with
adult prisoners.

PART D

Every person under the age of eighteen years in Trinidad and Tobago,
having the special protection under the law granted to a child, has
responsibilities under the law which shall be observed subject to their age and
understanding but not limited to—

1. respect and to obey the law;

2. not to take or to harm the property of other people without that
person’s permission;

3. to learn about human rights and to respect the rights of others;

4. to respect the guidance of parents, except where the law says
otherwise;

5. to attend school until the age of twelve;

6. to learn about and respect one’s culture, language and country;

7. to express one’s views about matters which affect oneself;

8. to respect the environment;

9. to respect one’s own religious beliefs and the religious beliefs of others.

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