Criminal Procedure

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/12.02.pdf

Criminal Procedure
L.R.O.

Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–4 . .
5–6 . .
7–8 . .
9–18 . .
19–32 . .
33–36 . .
37–40 . .
41–52 . .
53–54 . .
55–56 . .

12 of 1962

8 of 1970

30 of 1975

25 of 1976

136/1976

45 of 1979

4 of 1982

18 of 1994

28 of 1996

1 of 2000

16 of 2005

31 of 1931

19 of 1936

27 of 1936

14 of 1939

11 of 1941

22 of 1954

3 of 1957

11 of 1961

172/1961

8/1962

Act

2 2 o f 1 9 2 5

Amended by

LAWS OF TRINIDAD AND TOBAGO

CRIMINAL PROCEDURE ACT

CHAPTER 12:02

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Index of Subsidiary Legislation
Page

Criminal Procedure (Change of Venue) Rules (LN 203/1980) … … 56

Note

The Indictment Rules are contained in the First Schedule to this Act (See page 34).

Note on Increase of Fines

Section 8 of the Law Revision (Miscellaneous Provisions) Act 1980 (47 of 1980) provides that
as from 31st July, 1981 (date of publication of the Revised Edition of the Laws of Trinidad and
Tobago), a fine prescribed by any written law not published in the Revised Edition shall be
increased in accordance with the provisions of paragraph 1(b), (c) and (d) of the Second Schedule
to the Law Revision Act, Ch. 3:03.

Note on Transfer of Provisions

Section 41A and 41B of the Interpretation Act 1962 (Act No. 2 of 1962) have been transferred
to this Act and appear in this Edition as sections 47 and 48.

2 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 3

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L.R.O.

CHAPTER 12:02

CRIMINAL PROCEDURE ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.

PLACE, TIME AND MODE OF TRIAL
3. Trials in Port-of-Spain.

Trials in San Fernando.
Trials in Tobago.
Transfer of case from San Fernando or Tobago to Port-of-Spain.
Director of Public Prosecutions—power to transfer cases.
Procedure for transfer of cases.
Trial of cases transferred.

4. Number of Courts to be held at the Port-of-Spain Criminal Sessions.
5. Chief Justice may direct holding of more than one Court at

San Fernando Criminal Sessions.
6. Mode of trial.
7. Issues of law.
8. Issues of fact.

PROCEEDINGS PRELIMINARY TO TRIAL
9. Director of Public Prosecutions may discharge prisoner.

10. Private prosecution.
11. Right of Director of Public Prosecutions to enter nolle prosequi.

INDICTMENTS

12. Rules as to indictments.
13. General provisions as to indictments.

Form of indictments.
Joinder of charges in the same indictment.

14. Orders for amendment of indictment, separate trial, and
postponement of trial.

15. Savings.
Application to criminal informations, etc.

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ARRANGEMENT OF SECTIONS—Continued
SECTION

ATTENDANCE OF WITNESSES
16. Attendance of witness bound by recognisance to attend.
17. Writs of subpoena.
18. Duty to prepare subpoenas.
19. Service of subpoenas.
20. Warrant for apprehension of witness not attending on recognisance.
21. Warrant for apprehension of witness disobeying summons.
22. Fine for non-attendance of witness.
23. Warrant for apprehension of witness in first instance.
24. Mode of dealing with witness refusing to be sworn, etc.
25. Non-attendance of witness adjourned trial.

EXPENSES OF WITNESSES
26. Expenses of witnesses for the prosecution.
27. Expenses of witnesses for accused.
28. Ascertainment of witness’s expenses.

PROCEEDINGS AT TRIAL AND SUBSEQUENT
PROCEEDINGS

29. Bench warrant where accused person does not appear.
30. Arraignment of accused person.
31. Indictment to be read to accused.
32. Procedure on plea or demurrer by accused.
33. Plea of autrefois convict or autrefois acquit.
34. Alternative plea.
35. Accused may require postponement.
36. Effect on recognisance of postponement of trial.
37. Effect of plea of not guilty.

37A. Proof by formal admission.
38. Case for the prosecution.
39. Case for the defence.
40. Right of reply.
41. Calling of witnesses by Judge.
42. Summing up.

42A. Written directions to jury.
43. Consideration of verdict.
44. Recording of verdict.

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45. Verdict of not guilty.
46. Sentence after conviction.
47. Where no penalty specified for indictable offence.
48. Power to impose fine.
49. Consecutive periods of imprisonment.
50. Conviction for arrestable offence after previous conviction.
51. Procedure in case of previous convictions.
52. Proof of previous conviction.
53. Persons convicted may be condemned in costs.
54. Compensation to persons defrauded or injured.
55. Costs of private prosecution.
56. Place of imprisonment.

Solitary confinement.
57. Warrant of execution.

PROCEDURE ON COMMITTAL OF ACCUSED
FOR SENTENCE

58. Accused to be brought before a Judge to be dealt with.
Plea by accused committed for sentence.
Proceedings on plea of not guilty or if indictment is not sustainable.
Special pleas competent to person committed for sentence.

59. Withdrawal by accused of consent to his committal for sentence.
Filing of notice of withdrawal.
Case may be referred back to the Magistrate.
Evidence thereof.

60. Powers of Court and Judge when dealing with committals for
sentence.

Attendance of officials, and records in such cases.
61. Notice by person committed for trial of intention to plead guilty.

Subsequent proceedings as for committal for sentence.

SENTENCE TO BE PASSED ON AN EXPECTANT
MOTHER GUILTY OF A CAPITAL OFFENCE

62. Sentence of death, not to be passed on pregnant woman.
Procedure where woman convicted of capital offence alleges she is

pregnant.
Constitution of the jury.
Evidence and proof.
Appeal.
Right to allege pregnancy in stay of execution abolished.

SECTION

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ARRANGEMENT OF SECTIONS—Continued
SECTION

TRIAL AND VERDICT IN CASES OF INFANTICIDE

63. Offence of infanticide.

ARRAIGNMENT AND TRIAL OF INSANE PERSONS

64. Procedure where person indicted appears on arraignment to be
insane.

65. Procedure where person indicted appears during trial to be insane.
66. Special verdict where accused person found guilty, but insane at date

of act charged.
67. Provision for custody of accused person found insane.
68. Court to report finding to President.

PARDON AND COMMUTATION OF SENTENCES

69. Free or conditional pardon.
70. Commutation of punishment.

EVIDENCE

71. Circumstantial evidence.
72. Admissibility of evidence.
73. Description of coin and notes.

Currency note.

MISCELLANEOUS PROVISIONS
74. Marshal to attend all sittings of Court.
75. Gaol delivery.
76. Procedure for enforcing recognisance.
77. Power to make Rules.

FIRST SCHEDULE—Indictment Rules.
SECOND SCHEDULE—Warrant of Execution.

6 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 7

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L.R.O.

1950 Ed.
Ch. 4 No. 3.
22 of 1925.

Commencement.

Short title.

Interpretation.

Ch. 4:01.

Trials in
Port-of-Spain.
[3 of 1957
4 of 1982
1 of 2000].

Trials in
San Fernando.
[3 of 1957].

Trials in
Tobago.

Transfer of case
from San
Fernando or
Tobago to
Port-of-Spain.

CHAPTER 12:02

CRIMINAL PROCEDURE ACT

An Act to regulate the procedure in criminal cases triable on
indictment.

[2ND JUNE 1925]

1. This Act may be cited as the Criminal Procedure Act.

2. (1) In this Act, “Registrar”, “Deputy Registrar” and
“Assistant Registrars” mean the Registrar, Deputy Registrar and
Assistant Registrars appointed as such under the Supreme Court
of Judicature Act.

(2) The Deputy Registrar and the Assistant Registrars,
may perform any duty imposed on the Registrar by sections
18(1), 19, 28, 30, 32, 44, 46, 52, 70 and 76.

PLACE, TIME AND MODE OF TRIAL

3. (1) All persons committed within the Counties of
St. George, St. David and St. Andrew or within the Wards of
Chaguanas and Cunupia in the County of Caroni for trial for any
offence shall be tried at Port-of-Spain.

(2) All persons committed within the Counties of
Victoria, St. Patrick, Nariva and Mayaro or within the Wards of
Couva and Montserrat in the County of Caroni for trial for any
offence shall be tried at San Fernando.

(3) All persons committed within the Ward of Tobago
for trial for any offence shall be tried in Tobago.

(4) Notwithstanding subsections (2) and (3), a Judge
may in any case either before the trial or on the arraignment of
any person so committed, if satisfied that a fair trial cannot be
had at San Fernando or in Tobago, order that the trial of such
person shall take place at Port-of-Spain.

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Director of
Public
Prosecutions—
power to
transfer cases.
[1 of 2000].

Ch. 11:25.

Ch. 16:01.

(5) Notwithstanding subsections (1), (2) and (3) the
Director of Public Prosecutions, whenever he considers that the ends
of justice so require, or that having regard to all the circumstances it
is desirable to do so in the interests of securing the more expeditious
hearing and determination of cases, may in any case—

(a) enter for trial at San Fernando any criminal case which
but for this section would be triable at Port-of-Spain;

(b) enter for trial at Port-of-Spain any criminal case which
but for this section would be triable at San Fernando;

(c) transfer the trial of any case entered for trial at
Port-of-Spain to San Fernando; and

(d) transfer the trial of any case entered for trial at
San Fernando to Port-of-Spain;

(e) enter for trial at Tobago any criminal case which
but for this section would be triable at Port-of-
Spain or San Fernando;

(f) enter for trial at Port-of-Spain any criminal case
which but for this section would be triable at
Tobago;

(g) transfer the trial of any case entered for trial at
Port-of-Spain, or San Fernando to Tobago;

(h) transfer the trial of any case entered for trial at
Tobago to Port-of-Spain or San Fernando;

(i) enter for trial at Chaguaramas any criminal
offence to which subsection (6) refers which but
for this paragraph would otherwise be triable at
Port-of-Spain, San Fernando or Tobago;

(j) transfer the trial of any criminal offence, to which
subsection (6) refers, entered for trial at Port-of-
Spain, San Fernando or Tobago to Chaguaramas.

(6) The offences to which subsection (5)(i) and (j) apply are:
(a) all drug trafficking offences as defined in the

Dangerous Drugs Act;
(b) all offences under sections 6, 9, 10, 12, 15 and

31 of the Firearms Act;
(c) all offences under Parts V and VI of the

Dangerous Drugs Act;

8 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 9

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L.R.O.

Procedure for
transfer of
cases.
[136/1976
1 of 2000].

Trial of cases
transferred.
[1 of 2000].

Number of
Courts to be
held at the
Port-of-Spain
Criminal
Sessions.
[3 of 1957].

Chief Justice
may direct
holding of more
than one Court
at San Fernando
Criminal
Sessions.
[22 of 1954].

(d) an offence of conspiracy to commit any of the
offences mentioned in paragraphs (a), (b) and (c); and

(e) an offence of attempting, inciting, aiding,
abetting, counselling, or procuring the
commission of any of the offences mentioned in
paragraphs (a), (b) and (c).

(7) A transfer under subsection (5) shall be effected by
delivering to the Registrar, ten clear days at least before the day
of trial, a warrant for such transfer signed by the Director of
Public Prosecutions; and the Registrar by himself or his
assistants, six clear days at least before the trial, shall serve on the
accused a copy of such warrant by delivering the same to him
personally, or leaving the same at the place appointed for that
purpose in the recognisance entered into by the accused.

(8) Where a criminal case is entered for trial or transferred
under this section, the case shall be tried and determined at the place
to which it was so entered for trial or to which it was transferred;
and all recognisances, subpoenas and proceedings in or relating to
the case shall thereupon be deemed to be returnable at such place;
and all witnesses who are bound by recognisance or summoned to
attend the trial shall attend at such place.

4. At every Criminal Sessions of the Court for the trial of
criminal cases at Port-of-Spain, two of the Judges shall hold
separate Courts, and each of such Judges shall try all offences
that are brought before him for trial. The Chief Justice may direct
that one Court only shall be held at such Sessions, and he may
also if he considers it expedient to do so, direct that more than
two Courts shall be held at such Sessions, and if he so directs
such number of Judges as are determined by him shall hold
separate Courts at such Sessions.

5. For the purposes of any Criminal Sessions of the Court
for the trial of criminal cases at San Fernando, the Chief Justice
may direct that more than one Court shall be held, and if he so
directs the number of Judges designated by him shall hold
separate Courts at such Sessions.

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Mode of trial.

Issues of law.
[45 of 1979
18 of 1994].

Issues of fact.
[45 of 1979
18 of 1994].

Director of
Public
Prosecutions
may discharge
prisoner.
[136/1976
18 of 1994].

Private
prosecution.
[136/1976].

Right of
Director of
Public
Prosecutions to
enter nolle
prosequi.
[136/1976
18 of 1994].

6. Every person committed for trial shall be tried on an
indictment and, subject to the provisions of this Act, every such
trial shall be held by and before a Judge and jury.

7. Whenever any issue of law is joined between the State
and any person indicted for any offence, the issue shall be tried
and determined by the Court according to written law.

8. Whenever any issue of fact is joined between the State
and any person indicted for any offence, the issue shall, subject
to this Act, be tried and determined as nearly as may be according
to written law.

PROCEEDINGS PRELIMINARY TO TRIAL

9. The Director of Public Prosecutions shall have the power
to order the liberation of any person committed to prison for
further examination or for trial, and to discharge from
prosecution any person released on bail; for which release or
discharge, a writing subscribed by the Director of Public
Prosecutions setting forth that he sees no grounds for prosecuting
such person shall be a sufficient warrant.

10. When any party injured or complaining desires to
prosecute any person for whose liberation from prison a warrant
may have been issued by the Director of Public Prosecutions
under section 9, it shall be competent for such party, upon
entering into such recognisance as is required under this Act, to
apply to the Court, or, if the Court is not in session, to any Judge,
for a warrant for the further detention in prison of that person, or,
in case of his being already liberated, for his recommittal for trial,
and the Court or Judge shall thereupon make such order therein
as the Court or Judge thinks fit.

11. Where a person charged with an offence triable on
indictment is committed to prison or released on bail in respect of
such offence, the Director of Public Prosecutions may, at any time
before the trial, file in the Court the preliminary examinations upon
which such prisoner was so committed for trial or released on bail,

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Criminal Procedure Chap. 12:02 11

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L.R.O.

Rules as to
indictments.
First Schedule.

General
provisions as to
indictments.

Form of
indictments.

Joinder of
charges in the
same indictment.
[45 of 1979].

Orders for
amendment of
indictment,
separate trial,
and
postponement
of trial.
[18 of 1994].

and put in a declaration in writing, signed by him to the effect that
considering the evidence adduced against such person in the
preliminary examinations to be insufficient, he will not upon such
evidence further prosecute such person in respect of such offence; a
copy of the said declaration, certified by the Registrar, shall be
served by the Registrar by himself or his Assistants by delivering the
same to the person so committed for trial or released on bail, or
leaving the same at his usual place of abode or at the place specified
in the recognisance for the receiving of any indictment against such
person in respect of such offence; and in such case the person so
committed for trial, if in custody, shall be forthwith discharged, or if
released on bail, the recognisance of bail shall be discharged or
cancelled; but such discharge shall not operate as a bar to any
subsequent proceedings against such person on the same facts.

INDICTMENTS
12. The Rules contained in the First Schedule with respect to

indictments shall have effect as if enacted in this Act, but those
Rules may be added to, varied, or annulled by further Rules made
by the Rules Committee of the Supreme Court under this Act.

13. (1) Every indictment shall contain, and shall be
sufficient if it contains, a statement of the specific offence or
offences with which the accused person is charged, together with
such particulars as may be necessary for giving reasonable
information as to the nature of the charge.

(2) Notwithstanding any rule of law or practice, an
indictment shall, subject to this Act, not be open to objection in
respect of its form or contents if it is framed in accordance with
the Rules under this Act.

(3) Subject to the Rules under this Act, charges for more
than one offence may be joined in the same indictment.

14. (1) Where, before trial, or at any stage of a trial, it
appears to the Court that the indictment is defective, the Court
shall make such order for the amendment of the indictment as the
Court thinks necessary to meet the circumstances of the case,
unless, having regard to the merits of the case, the required
amendments cannot be made without injustice.

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(2) Where an indictment is so amended, a note of the
order for amendment shall be endorsed on the indictment, and the
indictment shall be treated for the purposes of the trial and for the
purposes of all proceedings in connection therewith as if it had
been originally presented in the amended form.

(3) Where, before trial, or at any stage of a trial, the Court
is of opinion that a person accused may be prejudiced or
embarrassed in his defence by reason of being charged with more
than one offence in the same indictment, or that for any other reason
it is desirable to direct that the person should be tried separately for
any one or more offences charged in an indictment, the Court may
order a separate trial of any count, or counts of such indictment.

(4) Where, before trial, or at any stage of a trial, the
Court is of opinion that the postponement of the trial of a person
accused is expedient as a consequence of the exercise of any
power of the Court under this Act to amend an indictment or to
order a separate trial of a count, the Court shall make such order
as to the postponement of the trial as appears necessary.

(5) Where an order of the Court is made under this
section for a separate trial or for the postponement of a trial—

(a) if such an order is made during a trial, the Court
may order that the jury are to be discharged
from giving a verdict on the count or counts the
trial of which is postponed or on the indictment,
as the case may be; and

(b) the procedure on the separate trial of a count shall
be the same in all respects as if the count had been
presented in a separate indictment, and the
procedure on the postponed trial shall be the same
in all respects (if the jury has been discharged) as
if the trial had not commenced; and

(c) the Court may make such order as to releasing
the accused person on bail, and as to the
enlargement of recognisances, and otherwise, as
the Court thinks fit.

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Criminal Procedure Chap. 12:02 13

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L.R.O.

Savings.

Application to
criminal
informations,
etc.
[45 of 1979].

Attendance of
witness bound
by recognisance
to attend.

Writs of
subpoena.

Duty to prepare
subpoenas.
[12 of 1962].

(6) Any power of the Court under this section shall be in
addition to and not in derogation of any other power of the Court
for the same or similar purposes.

15. (1) Nothing in sections 12, 13 and 14 or Rules made under
this Act shall affect the law or practice relating to the jurisdiction of
a Court or the place where an accused person can be tried, nor
prejudice or diminish in any respect the obligation to establish by
evidence according to law any acts or intentions which are legally
necessary to constitute the offence with which the person accused is
charged, nor otherwise affect the laws of evidence in criminal cases.

(2) The provisions of sections 12, 13 and 14 relating to
indictments shall apply to any plea, replication or other criminal pleading,
with such modifications as may be made by Rules under this Act.

ATTENDANCE OF WITNESSES

16. Every person who is bound by recognisance to attend at any
Criminal Sessions as a witness, whether for the prosecution or for the
defence, in any case to be tried at such Sessions, shall be bound to
attend the Court, whether or not he has received any subpoena or
notice, on the day appointed for the trial of such case, and on
subsequent days of the Sessions, until the case has been disposed of,
or until he has been discharged by the Court from further attendance.

17. (1) Every person whose attendance as a witness,
whether for the prosecution or for the defence, is required in any
case, and who has not been bound by recognisance to attend as a
witness at the Criminal Sessions at which such case is to be tried,
shall be summoned by a writ of subpoena.

(2) Every such subpoena shall issue in the name of the
State and shall be tested in the name of the Chief Justice.

18. (1) Subject to subsection (2), the Registrar shall on being
furnished with the names and places of abode of any witnesses on
behalf of the prosecution or defence whose attendance is required
to be secured by subpoena, prepare for service a writ or writs of
subpoena directed to such witnesses, together with as many copies
thereof, as there may be witnesses named in such writ or writs.

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Service of
subpoenas.

Warrant for
apprehension of
witness not
attending on
recognisance.

Warrant for
apprehension of
witness
disobeying
summons.

(2) Notwithstanding subsection (1), the Registrar may,
before a subpoena directed to any witness whose attendance is
required on behalf of the defence is prepared, require to be satisfied
by evidence on oath or otherwise that that witness is likely to be able
to give material evidence, and the Deputy Registrar or an Assistant
Registrar may exercise the like powers in relation to any application
for any such subpoena directed to the Registrar. Nothing in this
subsection shall be deemed to prejudice any right or power of the
Court at the trial to call, or permit to be called, any witness.

(3) When application is made to postpone any trial by
reason of the absence of any witness, it shall be taken as prima
facie evidence, liable nevertheless to be rebutted, that the party
applying for such postponement has not exercised all due and
necessary diligence to secure the attendance of such witness if it
appears that no subpoena to such witness was requested four clear
days at the least before the first day of the Criminal Sessions.

19. The Registrar, by himself or his assistants, shall with all
diligence, serve, or attempt to serve, a copy of the writ of subpoena
upon each witness to be served, and shall note every such service or
attempted service with the time thereof upon the original writ of
subpoena, and shall endorse and subscribe thereon a certificate of
the service or non-service thereof, as the circumstances of the case
may require; any such certificate shall be prima facie evidence of
the facts stated therein.

20. If any person who has been bound by recognisance to
attend as a witness, whether for the prosecution or for the defence,
at the trial of any case does not attend the Court on the day
appointed for the trial of such case, and no reasonable excuse is
offered for such non-attendance, the Court may issue a warrant to
apprehend such person and to bring him, at a time to be mentioned
in the warrant, before the Court in order to give evidence on
behalf of the prosecution or of the defence, as the case may be.

21. If any person to whom any writ of subpoena is directed
does not attend the Court at the time and place mentioned therein,
and no reasonable excuse is offered for such non-attendance, then,
after proof upon oath, to the satisfaction of the Court, that the writ

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Criminal Procedure Chap. 12:02 15

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L.R.O.

Fine for
non-attendance
of witness.

Warrant for
apprehension of
witness in first
instance.

Mode of dealing
with witness
refusing to be
sworn, etc.

was duly served, or that the person to whom the writ is directed
wilfully avoids service, the Court, being satisfied, by proof upon
oath, that he is likely to give material evidence, may issue a warrant
to apprehend such person, and to bring him, at a time to be
mentioned in the warrant, before the Court in order to give evidence
on behalf of the prosecution or of the defence, as the case may be.

22. Any person who makes default in attending as a witness
in either of the cases mentioned in section 20 or 21 is liable, on
the summary order of the Court, to a fine of one thousand dollars,
and in default of payment, to imprisonment for two months.

23. (1) If a Judge is satisfied, by proof upon oath, that any
person likely to give material evidence either for the prosecution
or for the defence, on the trial of any case, will not attend to give
evidence without being compelled to do so, he may order that,
instead of a subpoena being issued, a warrant shall be issued in
the first instance for the apprehension of such person.

(2) Every person arrested under any such warrant shall,
if the trial of the case for which his evidence is required is
appointed for a time which is more than twenty-four hours after
the arrest, be taken before a Judge, and the Judge may, on his
furnishing security by recognisance, to the satisfaction of the
Judge, for his appearance at such trial, order him to be released
from custody, or shall, on his failing to furnish such security,
order him to be detained for production at such trial.

24. (1) If any person attending the Court as a witness, either
on his recognisance, or in obedience to a subpoena, or by virtue
of a warrant, or being present in Court and being verbally
required by the Court to give evidence in any case—

(a) refuses to be sworn as a witness; or
(b) having been sworn as a witness, refuses to

answer any question put to him by or with the
sanction of the Court; or

(c) refuses or neglects to produce any document
which he is required by the Court to produce,

UNOFFICIAL VERSION


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Non-attendance
of witness
adjourned trial.

Expenses of
witnesses for
the prosecution.
[45 of 1979].

without in any such case offering any sufficient excuse for such
refusal or neglect, the Court may, if it thinks fit, adjourn or postpone
the trial of the case for any period not exceeding eight days, and
may in the meantime, by warrant, commit such person to prison.

(2) If such person, upon being brought before the Court
at or before such adjourned or postponed trial, again refuses to do
what is so required of him, the Court may, if it thinks fit, again
adjourn or postpone the trial of the case, and commit him in like
manner, and so again from time to time until such person
consents to do what is so required of him.

(3) Every such person who is guilty of such refusal or
neglect is also liable, on the summary order of the Court, either
in addition to or in lieu of such punishment, to a fine of one
thousand dollars, and in default of payment, to imprisonment for
two months.

(4) Nothing herein contained shall affect the liability of
any such person to any other punishment or proceeding for
refusing or neglecting to do what is so required of him, or shall
prevent the Court from disposing of the case in the meantime,
according to any other sufficient evidence produced before it.

25. Every witness who is present when the trial or further
trial of a case is adjourned, or who has been duly notified of the
time to which such trial or further trial is so adjourned, shall be
bound to attend at such time, and in default of so doing, may be
dealt with in the same manner as if he had failed to attend before
the Court in obedience to a subpoena to attend and give evidence.

EXPENSES OF WITNESSES

26. Where any person appears before the Court on
recognisance, or subpoena, or by virtue of a warrant, to
give evidence against any person accused of an offence, the
Court may order payment of the costs and expenses of such
witness together with compensation for his trouble and loss
of time.

16 Chap. 12:02 Criminal Procedure

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UPDATED TO DECEMBER 31ST 2014

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Criminal Procedure Chap. 12:02 17

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L.R.O.

Expenses of
witnesses for
accused.

Ascertainment
of witness’s
expenses.

Bench warrant
where accused
person does not
appear.

Arraignment of
accused person.
[45 of 1979].

27. The Court may, in its discretion, at the request of any
person who appears before it on recognisance, or subpoena, or by
virtue of a warrant, to give evidence on behalf of an accused
person, order payment to such witness of such sum of money as the
Court thinks reasonable and sufficient to compensate him for the
expenses, trouble, and loss of time which he incurred or sustained
in attending before the examining Magistrate and the Court.

28. (1) The amount of the expenses and compensation
payable to any witness attending before the Court shall be
ascertained by the Registrar and certified under his hand, and, on
being allowed by a Judge under his hand, shall be paid to the
witness by the Comptroller of Accounts.

(2) The amount of the expenses and compensation
payable to any witness attending before a Magistrate shall be
ascertained by the certificate of such Magistrate granted before
the attendance of the witness in the Court, and, on being allowed
by a Judge under his hand, shall be paid to the witness by the
Comptroller of Accounts.

PROCEEDINGS AT TRIAL AND SUBSEQUENT
PROCEEDINGS

29. Where any person against whom an indictment has been
duly preferred, and who is then at large, does not appear to plead
to such indictment, whether he is under recognisance to appear or
not, the Court may issue a warrant for his apprehension.

30. (1) Where a person is arraigned on an indictment—
(a) he shall in all cases be entitled to make a plea of not

guilty in addition to any demurrer or special plea;
(b) he may plead not guilty of the offence specifically

charged in the indictment but guilty of another offence
of which he might be found guilty on that indictment;

(c) if he stands mute of malice or will not answer
directly to the indictment, the Court may order
the Registrar or officer deputising as such to enter
a plea of not guilty on his behalf, and he shall
then be treated as having pleaded not guilty.

UNOFFICIAL VERSION


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Ch. 10:04.

(2) On an indictment for murder a person found not
guilty of murder may be found guilty—

(a) of manslaughter;
(b) of any offence of which he may be found guilty

under a written law specifically so providing or
under section 5 of the Criminal Law Act; or

(c) of an attempt to commit murder, or of an attempt
to commit any other offence of which he might
be found guilty,

but may not be found guilty of an offence not included above.

(3) Where, on a person’s trial on indictment for any
offence except treason or murder, the jury find him not guilty of
the offence specifically charged in the indictment, but the
allegations in the indictment amount to or include (expressly or
by implication) an allegation of another offence falling within the
jurisdiction of the Court of trial, the jury may find him guilty of
that other offence or of an offence of which he could be found
guilty on an indictment specifically charging that other offence.

(4) For the purposes of subsection (3) any allegation of
an offence shall be taken as including an allegation of attempting
to commit that offence; and where a person is charged on
indictment with attempting to commit an offence or with any
assault or other act preliminary to an offence, but not with the
completed offence, then (subject to the discretion of the Court to
discharge the jury with a view to the preferment of an indictment
for the completed offence) he may be convicted of the offence
charged notwithstanding that he is shown to be guilty of the
completed offence.

(5) Where a person arraigned on an indictment pleads
not guilty of an offence charged in the indictment but guilty of
some other offence (whether an offence of which he might be
found guilty on that charge or an offence separately charged), and
he is convicted on that plea of guilty without trial for the offence
of which he has pleaded not guilty, his conviction of the one
offence shall be an acquittal of the other.

18 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 19

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L.R.O.

Indictment to be
read to accused.

Procedure on
plea or demurrer
by accused.

Plea of autrefois
convict or
autrefois acquit.

Alternative plea.

Accused may
require
postponement.

Effect on
recognisance of
postponement of
trial.

(6) Any power to bring proceedings for an offence by
criminal information in the Court is hereby abolished.

(7) Subsections (1) to (3) apply to an indictment containing
more than one count as if each count were a separate indictment.

31. Every accused person shall, on being called upon to
plead, be entitled to have the indictment on which he is to be tried
read over to him.

32. The accused on being arraigned on any indictment may
plead the general issue ore tenus, or he may in writing demur or
plead any matter of law or fact which he would be permitted to plead
according to the law in force in England on the 30th August 1962,
upon which demurrer or plea in writing the Registrar, on behalf of
the State may instanter join in demurrer, or demur, or reply.

33. In any plea of autrefois convict or autrefois acquit it shall
be sufficient for any defendant to state that he has been lawfully
convicted or acquitted (as the case may be) of the offence
charged in the indictment.

34. Where a prisoner is arraigned on an indictment for any
offence, and can lawfully be convicted on the indictment of some other
offence not charged in the indictment, he may plead not guilty of the
offence charged in the indictment, but guilty of the other offence.

35. Any accused person, on arraignment, may, if committed
for trial less than six clear days before the day of his arraignment,
require that his trial be postponed to the next Criminal Sessions
held at the place at which he is arraigned, and the Court shall
make order accordingly.

36. In any case where the trial of an accused person is postponed,
the Court may respite the recognisance of the accused person and his
surety or sureties, if any, accordingly, and in such case the accused
person shall be bound to appear to be tried at the time and place to
which such trial may be postponed, without entering into any fresh
recognisance for that purpose, in such and the same manner as if he
was originally bound by his recognisance to appear and be tried at the
time and place to which such trial has been so postponed.

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Effect of plea of
not guilty.

Proof by formal
admission.
[16 of 2005].

Case for the
prosecution.

Case for the
defence.

37. If the accused person pleads not guilty, he shall, by such
plea, without any further form, be deemed to have put himself
upon the country for trial, and the Court shall order a jury for the
trial of the accused person accordingly.

37A. (1) Subject to the provisions of this section, any fact of
which oral evidence may be given in any criminal proceedings
may be admitted for the purpose of those proceedings by the
Attorney-at-law for the prosecution or the accused person or his
Attorney-at-law, and the admission by any party of any such fact
under this section shall, as against that party, be conclusive
evidence in those proceedings of the fact admitted.

(2) An admission under this section—
(a) may be made before or at the proceedings;
(b) if made otherwise than in Court, shall be in writing;
(c) if made in writing by an individual, shall purport

to be signed by the person making it and, if so
made by a body corporate, shall purport to be
signed by a director or corporate secretary of the
body corporate;

(d) if made on behalf of a defendant who is an
individual, shall be made by his Attorney-at-
law; and

(e) if made at any stage before the trial by a
defendant who is an individual, must be
approved by his Attorney-at-law, whether at the
time it was made or subsequently, before or at
the proceedings in question.

(3) An admission under this section for the purpose of
proceedings relating to any matter shall be treated as an
admission for the purpose of any subsequent criminal
proceedings relating to that matter.

38. After the accused person has been given in charge to the
jury, or when the jury have been sworn, the Attorney-at-law for
the prosecution may open the case against the accused person,
and adduce evidence in support of the charge.

39. The accused person or his Attorney-at-law shall be
allowed, if he thinks fit, to open his case, and, after the conclusion

20 Chap. 12:02 Criminal Procedure

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UNOFFICIAL VERSION


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Criminal Procedure Chap. 12:02 21

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L.R.O.

of such opening, the accused person or his Attorney-at-law shall
be entitled to adduce evidence in support of the defence, and when
all the evidence is concluded, to sum up the evidence.

40. The Attorney-at-law for the prosecution shall in all cases
have the right of reply.

41. The Court shall have full power and authority, during any
part of the trial, or after the case on both sides has been closed, to
call up and examine any witness, whether such witness has been
produced before the Court in the course of the trial or not.

42. When the case on both sides is closed, the Judge shall, if
necessary, sum up the law and evidence in the case.

42A. The Judge may, after consultation with the Attorney-at-
law for the prosecution and, the accused person or his Attorney-
at-law, provide written directions to the jury on matters of
substantial complexity.

43. After the Judge’s summing up, or, if there is no summing
up, on the conclusion of the case on both sides, the jury shall
consider their verdict.

44. The verdict, when returned by the jury and accepted by
the Court, shall be entered by the Registrar or officer deputising
as such, on the back of the indictment or on a sheet of paper
annexed thereto, before the jury are discharged.

45. If the jury find the accused person not guilty, he shall be
immediately discharged from custody on that indictment.

46. (1) Whenever any person is convicted by the verdict of the
jury, or on his own confession, the Registrar, or officer deputising as
such before the Court passes judgment, shall enquire and ask if such
offender has anything to say why judgment should not be awarded
against him, and in case such offender does not allege any matter or
thing sufficient in law to arrest such judgment, the Court shall,
immediately after conviction, or at any time during the same or the
next succeeding Criminal Sessions, pronounce judgment, and
sentence the prisoner to undergo such punishment as the Court
sees fit.

Right of reply.

Calling of
witnesses by
Judge.

Summing up.

Written
directions to
jury.
[16 of 2005].

Consideration of
verdict.

Recording of
verdict.

Verdict of not
guilty.

Sentence after
conviction.
[18 of 1994].

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(2) Where a defendant is brought up for judgment on an
indictment, affidavits may be read and the Attorney-at-law may
be heard in support of the prosecution and on behalf of the
defendant; and the Court may, if it sees fit, postpone its judgment
and grant bail to the defendant according to the Bail Act, on the
condition that he undertakes to appear and receive judgment
whenever he is ordered to be brought up for that purpose.

(3) Nothing contained in this section shall extend or be
construed to prevent the Court from reserving the consideration
of any question of law arising upon any criminal trial.

47. Where a person is convicted on indictment of an offence
against any written law and no penalty is prescribed by any
written law or the person is for that offence liable to be sentenced
to imprisonment, but the sentence is not by any written law either
limited to a specified term or expressed to extend to
imprisonment for life, the person so convicted shall be liable to
imprisonment for two years.

48. Where a person is convicted on indictment of any offence
other than a capital offence, the Court, if not precluded from
sentencing the offender by its exercise of some other power (such
as the power to make a probation order), may impose a fine in lieu
of or in addition to dealing with him in any other way in which the
Court has power to deal with him, subject however to any
enactment limiting the amount of the fine that may be imposed or
requiring the offender to be dealt with in a particular way.

49. Whenever sentence is passed for any offence on any
person already under sentence of imprisonment for another
offence, the Court may award imprisonment for the subsequent
offence to commence at the expiration of the imprisonment to
which such person has been previously sentenced.

50. (1) If any person is convicted of an arrestable offence,
not punishable with death, committed after a previous conviction
for an arrestable offence, such person is liable to imprisonment
for life or for any term of years.

22 Chap. 12:02 Criminal Procedure

LAWS OF TRINIDAD AND TOBAGO

Ch. 4:60.

Where no
penalty
specified for
indictable
offence.

Power to
impose fine.

Consecutive
periods of
imprisonment.

Conviction for
arrestable
offence after
previous
conviction.
[16 of 2005].

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Criminal Procedure Chap. 12:02 23

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L.R.O.

Ch. 13:04.

Procedure in
case of previous
convictions.

Proof of
previous
conviction.

(2) Without prejudice to the offences listed in the
Schedule to the Corporal Punishment (Offenders Over Eighteen)
Act, a person convicted under subsection (1) may also be
sentenced to undergo corporal punishment in accordance with the
requirements of the Corporal Punishment (Offenders Over
Eighteen ) Act.

51. (1) The proceedings upon any indictment for
committing any offence after a previous conviction or
convictions shall be as follows; that is to say, the offender shall,
in the first instance, be arraigned upon so much only of the
indictment as charges the subsequent offence, and if he pleads not
guilty, or if the Court orders a plea of not guilty to be entered on
his behalf, the jury shall be charged, in the first instance, to
enquire concerning such subsequent offence only; and if they
find him guilty, or if on arraignment he pleads guilty, he shall
then, and not before, be asked whether he has been previously
convicted as alleged in the indictment, and if he answers that he
has been so previously convicted, the Court may proceed to
sentence him accordingly, but if he denies that he has been so
previously convicted, or stands mute of malice, or will not
answer directly to such question, the jury shall then be charged to
enquire concerning such previous conviction or convictions, and
in such case it shall not be necessary to swear the jury again, but
the oath already taken by them shall for all purposes be deemed
to extend to such last mentioned enquiry.

(2) If, upon the trial of any person for any such
subsequent offence, such person gives evidence of his good
character, the Attorney-at-law for the prosecution may, in answer
thereto, give evidence of the conviction of such person for the
previous offence or offences before such verdict of guilty is
returned, and the jury shall enquire concerning such previous
conviction or convictions at the same time that they enquire
concerning such subsequent offence.

52. (1) A previous conviction may be proved in any legal
proceeding by producing a record or extract of such conviction,
and by giving proof of the identity of the person against whom
the conviction is sought to be proved with the person appearing
in the record or extract of conviction to have been convicted.

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(2) A record or extract of a conviction, where the
conviction was on indictment, shall consist of a certificate
containing the substance and effect only (omitting the formal
part) of the indictment and conviction, and purporting to be
signed by the Registrar or other officer having the custody of the
records of the Court by which such conviction was made; and in
the case of a summary conviction shall consist of a copy of such
conviction purporting to be signed by any Magistrate or Justice
having jurisdiction over the offence in respect of which such
conviction was made, or by the Clerk of the Peace or other proper
officer of the Court by which such conviction was made.

(3) A record or extract of any conviction made in
pursuance of this section shall be admissible in evidence without
proof of the signature or official character of the person
appearing to have signed the same.

(4) The mode of proving a previous conviction authorised
by this section shall be in addition to and not in exclusion of any
other authorised mode of proving such conviction.

53. (1) The Court may, when pronouncing judgment upon the
conviction of any person for any offence, in addition to such sentence
as may otherwise by law be passed, condemn such person to the
payment of the whole or any part of the costs or expenses incurred in
or about the prosecution and conviction for the offence of which he is
convicted, if the Court thinks fit to do so; and the payment of such
costs and expenses, or any part thereof, may be ordered by the Court
to be made out of any moneys taken from such person on his
apprehension, or may be enforced at the instance of the Director of
Public Prosecutions or of any person liable to pay or who may have
paid such costs and expenses, in the same manner (subject to the
provisions of this Act) as the payment of any costs ordered to be paid
by the judgment or order of the Court in civil cases may be enforced.

(2) In the meantime and until the recovery of such costs
and expenses from the person so convicted as mentioned above, or
from his estate, the same shall be paid and provided for in the same
manner as if this section were not in force; and any money which
may be recovered in respect thereof from the person so convicted,
or from his estate, shall be applicable to the reimbursement of any
person or fund by whom or out of which such costs and expenses
may have been paid or defrayed.

24 Chap. 12:02 Criminal Procedure

LAWS OF TRINIDAD AND TOBAGO

Persons
convicted may
be condemned
in costs.
[136/1976].

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UPDATED TO DECEMBER 31ST 2014

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Criminal Procedure Chap. 12:02 25

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Compensation
to persons
defrauded or
injured.
[28 of 1996].

Costs of private
prosecution.

Place of
imprisonment.

Solitary
confinement.

Warrant of
execution.

Second
Schedule.
Form A.

Form B.

54. The Court may, if it thinks fit, upon the application of
any person aggrieved, and immediately after the conviction of
any person for any offence, award any sum of money, not
exceeding fifty thousand dollars, by way of satisfaction or
compensation for any loss or injury suffered by the applicant
through or by means of the said offence, and the amount awarded
for such satisfaction or compensation shall be deemed a
judgment debt due to the person entitled to receive the same from
the person so convicted, and the order for payment of such
amount may be enforced in the same manner as in the case of any
costs ordered by the Court to be paid under section 53.

55. The Court may, in any case where a person prosecuted at the
instance of a private party is acquitted, adjudge the prosecutor to pay
to the party prosecuted the whole or any part of the costs and
expenses which may have been occasioned to him by the prosecution.

56. Where a person is convicted on indictment of an offence
for which imprisonment may be awarded, the Court may
sentence him to be imprisoned in the Port-of-Spain Prison and
also direct that he shall be kept in solitary confinement for any
portion or portions of such imprisonment, not exceeding one
month at any one time, and not exceeding three months in any
one year, as the Court thinks fit.

57. (1) Every warrant for the execution of any prisoner under
sentence of death shall be under the hand and Seal of the President,
and shall be directed to the Marshal, and shall be carried into
execution by such Marshal or his assistant at such time and place
as mentioned in the warrant; and the warrant shall be in the form
set out as Form A in the Second Schedule; and there shall issue in
every such case a warrant for the delivery of the prisoner by the
Keeper of the Port-of-Spain Prison to the said Marshal for the
purpose of such execution and such last mentioned warrant shall be
under the hand and Seal of the President and shall be in the form
set out as Form B in the Second Schedule.

(2) The President may, by warrant under his hand and
Seal directed to the Marshal, respite any such execution and,
by the same or any subsequent warrant so signed and sealed,
order such execution to be carried into effect at such time and
place as shall be appointed and specified in the warrant, in

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which case the execution shall be done at such time and place
as shall be so appointed.

PROCEDURE ON COMMITTAL OF ACCUSED
FOR SENTENCE

58. (1) As soon as convenient after the filing of an
indictment against an accused person committed for sentence as
provided by the Indictable Offences (Preliminary Enquiry) Act,
the Registrar shall issue a summons to the accused person to
appear, and if he is in custody an order to the gaoler to bring him
before a Judge of the High Court at a time to be fixed by the
Judge, and the Registrar shall notify the Director of Public
Prosecutions accordingly.

(2) The accused person shall be called upon to plead to the
indictment in the same manner as if he had been committed for trial,
and he may plead either that he is guilty of the offence charged in the
indictment or, with the consent of the prosecutor, of any other
offence of which he might be convicted on the indictment.

(3) If the accused person pleads in the Court that he is not
guilty, or if although he pleads that he is guilty it appears to the
Court, upon the examination of the depositions of the witnesses,
that he has not in fact committed the offence charged in the
indictment, or any other offence of which he might be convicted on
the indictment, the plea of not guilty shall be entered, and the trial
is to proceed as in other cases when that plea is entered, and the
Judge shall postpone the case for trial by a jury at the regular
Criminal Sessions of the Court, and may remand the accused to
prison or grant him bail in the meantime according to the Bail Act.

(4) An accused person committed for sentence may
plead autrefois acquit, autrefois convict, pardon or such special
plea as he would be permitted to plead according to written law
and in such case unless the accused person and the prosecutor and
the Judge consent to the issue being tried by the Judge without a
jury, the Judge shall postpone the case for trial by a jury as
provided in subsection (3).

59. (1) An accused person may at any time before he is
brought up for sentence give notice in writing to the Registrar

26 Chap. 12:02 Criminal Procedure

LAWS OF TRINIDAD AND TOBAGO

Accused to be
brought before a
Judge to be
dealt with.
[136/1976].
Ch. 12:01.

Plea by accused
committed for
sentence.

Proceedings on
plea of not
guilty or if
indictment is
not sustainable.
[18 of 1994].

Ch. 4:60.

Special pleas
competent to
person
committed for
sentence.
[18 of 1994].

Withdrawal by
accused of
consent to his
committal for
sentence.

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Criminal Procedure Chap. 12:02 27

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L.R.O.

Filing of notice
of withdrawal.
[136/1976].
Evidence
thereof.

Case may be
referred back to
the Magistrate.
[136/1976].

Ch. 12:01.

Powers of Court
and Judge when
dealing with
committals for
sentence.

Attendance of
officials, and
records in such
cases.

Notice by
person
committed for
trial of intention
to plead guilty.

Subsequent
proceedings as
for committal
for sentence.
[136/1976].

Sentence of
death not to be
passed on
pregnant woman.

that he desires to withdraw his consent to be committed for
sentence, and in such case he shall not be taken before the Court
for sentence but shall be brought up for trial at the regular
Criminal Sessions of the Court.

(2) The notice shall be filed on record in the Registrar’s
Office, and the Registrar shall notify the Director of Public
Prosecutions of the withdrawal of the consent to committal for
sentence; and such notice may be put in evidence at the trial or
mention may be made at the trial of the fact that such notice was given.

(3) In the event of the accused person withdrawing his
plea of guilty or pleading not guilty, the Director of Public
Prosecutions may refer back the case to the Magistrate in the
manner and for the purposes stated in section 26 of the Indictable
Offences (Preliminary Enquiry) Act.

60. (1) A Judge of the Court when sitting to deal with
persons committed for sentence shall, subject to these provisions,
possess all the powers, authorities and jurisdiction vested in the
Court, with respect to the trial of criminal cases in the exercise of
the ordinary criminal jurisdiction of the Court.

(2) The Registrar or other proper officer shall attend
before a Judge in any proceedings respecting persons committed
for sentence, and keep a record thereof in like manner as in other
proceedings in the Court.

61. (1) A person committed for trial, whether he is in
custody or not, may, if he wishes to plead guilty and be sentenced
prior to the regular Criminal Sessions of the Court, file with the
Registrar a notice in writing to that effect; the notice shall be filed
of record in the Registrar’s Office.

(2) In such case the Registrar shall notify the Judge and
the Director of Public Prosecutions, or other prosecutor, of such
notice and the subsequent proceedings shall be as in the case of a
person committed for sentence and the provisions of sections 58,
59 and 60 shall mutatis mutandis apply.

SENTENCE TO BE PASSED ON AN EXPECTANT
MOTHER GUILTY OF A CAPITAL OFFENCE

62. (1) Where a woman convicted of an offence punishable
with death is found in accordance with this section to be

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pregnant, the sentence to be passed on her shall be a sentence of
imprisonment for life instead of sentence of death.

(2) Where a woman convicted of an offence punishable
with death alleges that she is pregnant, or where the Court before
whom a woman is so convicted thinks fit so to order, the question
whether or not the woman is pregnant shall, before sentence is
passed on her, be determined by a jury.

(3) Subject to subsections (4) and (5), the said jury shall
be the trial jury, that is to say the jury to whom she was given in
charge to be tried for the offence, and the members of the jury
need not be resworn.

(4) If any member of the trial jury, either before or after
the conviction, dies or is discharged by the Court as being
through illness incapable of continuing to act or for any other
cause, the inquiry as to whether or not the woman is pregnant
shall proceed without him.

(5) Where there is no trial jury, or where a jury have
disagreed as to whether the woman is or is not pregnant, or have
been discharged by the Court without giving a verdict on that
question, the jury shall be constituted as if to try whether or not
she was fit to plead, and shall be sworn in such manner as the
Court may direct.

(6) The question whether the woman is pregnant or not
shall be determined by the jury on such evidence as may be laid
before them either on the part of the woman or on the part of the
State and the jury shall find that the woman is not pregnant unless
it is proved affirmatively to their satisfaction that she is pregnant.

(7) Where on proceedings under this section the jury
find that the woman in question is not pregnant, the woman may
appeal under the Supreme Court of Judicature Act to the Court of
Appeal, and that Court, if satisfied that for any reason the finding
should be set aside, shall quash the sentence passed on her and
instead thereof pass on her a sentence of imprisonment for life.

(8) The rights conferred by this section on a woman
convicted of an offence punishable with death shall be in
substitution for the right of such a woman to allege in stay of
execution that she is quick with child, and the last mentioned
right shall cease.

28 Chap. 12:02 Criminal Procedure

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Procedure
where woman
convicted of
capital offence
alleges she is
pregnant.

Constitution of
the jury.

Evidence and
proof.

Appeal.

Ch. 4:01.

Right to allege
pregnancy in
stay of
execution
abolished.

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UPDATED TO DECEMBER 31ST 2014

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Criminal Procedure Chap. 12:02 29

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L.R.O.

Offence of
infanticide.

Ch. 11:08.

Procedure
where person
indicted appears
on arraignment
to be insane.

Procedure
where person
indicted appears
during trial to
be insane.

TRIAL AND VERDICT IN CASES OF INFANTICIDE

63. (1) Where a woman by any wilful act causes the death of
her child, being a child under the age of twelve months, but at the
time of the act the balance of her mind was disturbed by reason of
her not having fully recovered from the effect of giving birth to
the child or by reason of the effect of lactation consequent upon
the birth of the child, then, notwithstanding that the circumstances
were such that but for this section the offence would have
amounted to murder, she shall be guilty of infanticide, and may
for such offence be dealt with and punished as if she had been
guilty of the offence of manslaughter of the child.

(2) Where upon the trial of a woman for the murder of her
child, being a child under the age of twelve months, the jury are of
opinion that she by any wilful act caused its death, but that at the
time of the act the balance of her mind was disturbed by reason of
her not having fully recovered from the effect of giving birth to the
child or by reason of the effect of lactation consequent upon the birth
of the child, then the jury may, notwithstanding that the
circumstances were such that but for this section they might have
returned a verdict of murder, return in lieu thereof a verdict of
infanticide.

(3) Nothing in this section shall affect the power of the
jury upon an indictment for the murder of a child to return a
verdict of manslaughter, or a verdict of guilty but insane, or a
verdict of concealment of birth, in pursuance of section 58 of the
Offences Against the Person Act.

ARRAIGNMENT AND TRIAL OF INSANE PERSONS

64. If any accused person appears, on arraignment, to be
insane, the Court may order a jury to be empanelled to try the
sanity of such person, and the jury shall thereupon, after hearing
evidence for that purpose, find whether such person is or is not
insane and unfit to take his trial.

65. (1) If, during the trial of an accused person, such person
appears, after the hearing of evidence to that effect or otherwise,
to the jury before whom he is tried, to be insane, the Court shall
in such case direct the jury to abstain from finding a verdict upon
the indictment, and, in lieu thereof, to return a verdict that such
person is insane.

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Special verdict
where accused
person found
guilty, but
insane at date of
act charged.

Provision for
custody of
accused person
found insane.
[136/1976].

Court to report
finding to
President.
[30 of 1975].

Free or
conditional
pardon.

(2) A verdict under this section shall not affect the trial
of any person so found to be insane for the offence for which he
was indicted, in case he subsequently becomes of sound mind.

66. Where, in an indictment, any act is charged against any
person as an offence, and it is given in evidence on the trial of
such person for that offence that he was insane, so as not to be
responsible according to law for his actions at the time when the
act was done, then, if it appears to the jury before whom such
person is tried that he did the act charged, but was insane as
mentioned above at the time when he did the same, the jury shall
return a special verdict to the effect that the accused person was
guilty of the act charged against him, but was insane as
mentioned above at the time when he did the act.

67. Where a person is found to be insane under section 64 or
section 65, or has a special verdict found against him under
section 66, the Court shall direct the finding of the jury to be
recorded, and thereupon the Court may order such person to be
detained in safe custody, in such place and manner as the Court
thinks fit until the President’s pleasure is known.

68. The Court shall as soon as practicable, report the finding
of the jury and the detention of the person to the President who
shall order the person to be dealt with as a mentally ill person in
accordance with the laws governing the care and treatment of
such persons or in any other manner he may think necessary.

PARDON AND COMMUTATION OF SENTENCES

69. (1) Where the President, in the name and on behalf of
the State, grants to any offender either a free or a conditional
pardon, the discharge of such offender out of custody in the case
of a free pardon, and the performance of the condition in the case
of a conditional pardon, shall have for such offender, as to the
offence for which such pardon is so granted, the same effect as a
pardon under the Great Seal of the United Kingdom would have
had in England on 2nd June 1925.

(2) No free pardon, nor any such discharge in consequence
thereof, nor any conditional pardon, nor the performance of the
condition thereof, in any of the cases mentioned above, shall

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Criminal Procedure Chap. 12:02 31

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Commutation of
punishment.

Circumstantial
evidence.
[45 of 1979].

Admissibility of
evidence.

prevent or mitigate the punishment to which the offender might
otherwise be lawfully sentenced on a subsequent conviction for
any offence committed after the granting of any such pardon.

70. When any person is convicted of any crime punishable by
death, if the President in the name and on behalf of the State intends
to extend mercy to any such person upon condition of imprisonment,
and such intention of mercy is signified by the President to the Court
during the Criminal Sessions at which such person was convicted,
the Court shall allow to such person the benefit of a conditional
pardon, and make an order for imprisonment, of such person; and
where such intention of mercy is so signified to the Court at any time
when the Court is not in session, the Chief Justice shall allow to such
person the benefit of a conditional pardon, and make an order for the
imprisonment of such person, in the same manner as if such
intention of mercy had been signified to the Court during the
Criminal Sessions at which such person was convicted; and such
allowance and order shall be considered as an allowance and order
made by the Court, and shall be entered on the records of the Court
by the Registrar, and shall be as effectual to all intents and purposes
as if such allowance had been made by the Court during the
continuance of the same Criminal Sessions, and every such order
shall subject the person to be so imprisoned.

EVIDENCE

71. It shall not be necessary for the conviction of any person
charged with any offence that the offence be proved by the direct
or positive testimony of any witness, but the evidence given on
the trial (although circumstantial only) shall be left by the Court
to the consideration of the jury, and the jury may bring in a
verdict of guilty upon such evidence, if they are satisfied with the
same as sufficient to establish the guilt of the person charged.

72. All questions that arise touching the form, sufficiency or
effect of any indictment or subsequent pleading, or touching the
admissibility of any defence, or of any witness called to give
evidence, or of any evidence, or of any question put to any
witness, or of any document, paper, matter or thing tendered in
evidence, or upon any matter or cause alleged for setting aside any

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Description of
coin and notes.

Currency note.

3 of 1965.

Marshal to
attend all
sittings of
Court.

Gaol delivery.

verdict or staying or reversing any judgment, shall be decided by
the Court as nearly as may be according to the law in force in
England on the 30th August 1962.

73. (1) In every indictment in which it is necessary to make any
averment as to any money or any currency note, it shall be sufficient
to describe such money or currency note simply as money, without
specifying any particular coin or currency note; and such averment,
so far as regards the description of the property, shall be sustained by
proof of any amount of coin, or of any currency note, although the
particular species of coin of which such amount was composed, or the
particular nature of the currency note, is not proved, and in cases of
embezzlement and obtaining money or currency notes by false
pretences, by proof that the offender embezzled or obtained any piece
of coin or any currency note, or any portion of the value thereof,
although such piece of coin or currency note may have been delivered
to him in order that some part of the value thereof should be returned
to the party delivering the same, or to any other person, and such part
had been returned accordingly.

(2) For the purposes of this section, the expression
“currency note” includes a Government currency note and a
currency note as defined by the Currency Act.

MISCELLANEOUS PROVISIONS

74. The Marshal or his deputy or assistant shall be in
attendance in Court at all times whilst the Court is sitting, and
shall bring the prisoner before it, and during the continuance of
the trial to have him under his charge and custody, and from time
to time to remand him to prison by permission or order of the
Court during the progress of the trial or any adjournment thereof.

75. The Court at the close of every Criminal Sessions held in
Port-of-Spain shall discharge all such prisoners entitled by law to
be discharged; and the Keeper of Port-of-Spain Prison shall, on
the last day of each such Sessions, deliver or cause to be
delivered to the Court a list of all persons confined within such
Prison and committed for trial before the Court, but who have not
then been tried or upon whom sentence has not then been passed,
together with the date and cause of commitment in each case and
the name of the committing authority.

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Criminal Procedure Chap. 12:02 33

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Procedure for
enforcing
recognisance.
[136/1976].

Form C.
Second
Schedule.

76. (1) In every case where an accused person, bound by
recognisance to appear at any Criminal Sessions or for whose
appearance any other person is so bound, fails to appear, the Registrar
shall prepare a return in writing, in respect of such non-appearance.

(2) Such return shall distinguish the principal from the
sureties and shall contain—

(a) the name of every such person so making default;
(b) the nature of the offence in respect of which

every such person or surety was so bound;
(c) the residence of every such person or surety;
(d) the trade, calling or profession of every such

person or surety;
(e) the statement of the cause, if known, why each

such person has not appeared.
(3) On the last day of each Criminal Sessions the

Registrar shall lay such return before the Court, and the Court
shall examine such return, and, on the application of the Director
of Public Prosecutions, make such order touching the enforcing
of any such recognisance as shall appear to the Court to be just.

(4) Thereupon the Registrar shall copy on a roll all
forfeitures and sums of money to be paid in lieu or satisfaction of
them, or any of them, forfeited at such Criminal Sessions, and
shall, within three days after the last day of such Criminal Sessions,
send a copy of such roll, with a writ, according to the Form C in
the Second Schedule to the Marshal.

(5) Such writ shall be the authority to the Marshal for
proceeding to the immediate levying and recovering of such
forfeitures or sums of money to be paid in lieu or satisfaction of
them, or any of them, on the goods and chattels of such several
persons, or for taking into custody the bodies of such persons in
case sufficient goods and chattels are not found whereon levy can
be made for recovery thereof.

(6) Every such person so taken shall be lodged in the
Port-of-Spain Prison until the next Criminal Sessions, there to
abide the judgment of the Court, unless in the meantime such
forfeiture or sum of money is paid.

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FIRST SCHEDULE

INDICTMENT RULES
1. These Rules may be cited as the Indictment Rules, and these Rules,

together with any Rules made under section 12 of this Act may be cited together
by such collective title as may be prescribed by the last mentioned Rules.

2. (1) An indictment may be either written or printed, or partly written
and partly printed.

(2) Figures and abbreviations may be used in an indictment for
expressing anything which is commonly expressed thereby.

(3) The commencement of the indictment shall be in the following form:

THE STATE vs A.B.
In the Supreme Court of Trinidad and Tobago

Port-of-Spain [or San Fernando or Scarborough, as the case may be].

INDICTMENT BY THE DIRECTOR OF PUBLIC PROSECUTIONS
[or INDICTMENT BY C.D. ADMITTED TO PROSECUTE PRIVATELY].

A.B. is charged with the following offence (offences)—

3. Charges for any offences may be joined in the same indictment if
those charges are founded on the same facts, or form or are a part of a series
of offences of the same or a similar character.

77. (1) The Rules Committee of the Supreme Court
established by the Supreme Court of Judicature Act may,
subject to negative resolution of Parliament, make Rules as
they see fit for the better carrying into effect the objects of this
Act and in particular to make Rules varying or annulling the
Rules contained in the First Schedule and to make further
Rules with respect to the matters dealt with in those Rules, and
those Rules shall have effect subject to any modifications or
additions so made.

(2) Any Rules so made shall have effect as if they were
contained in an Act and shall come into operation on the day
appointed in such Rules or, if no day is so appointed, on the day
of their publication in the Gazette.

Power to make
Rules.
Ch. 4:01.

First Schedule.

Sections 12
and 77.
[136/l976
45 of 1979
18 of 1994].
Citation.

Material, etc.,
for indictments.

Commencement
of the
indictment.
[136/1976].

Joining of
charges in one
indictment.
[45 of 1979].

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4. (1) A description of the offence charged in an indictment or, where
more than one offence is charged in an indictment, of each offence so charged,
shall be set out in the indictment in a separate paragraph called a count.

(2) A count of an indictment shall commence with a statement of the
offence charged, called the statement of offence.

(3) The statement of offence shall describe the offence shortly in
ordinary language, avoiding as far as possible the use of technical terms, and
without necessarily stating all the essential elements of the offence, and, if the
offence charged is one created by Act, shall contain a reference to the section
of the Act creating the offence.

(4) After the statement of the offence, particulars of such offence
shall be set out in ordinary language, in which the use of technical terms shall
not be necessary; but where any rule of law or any Act limits the particulars of
an offence which are required to be given in an indictment, nothing in this rule
shall require any more particulars to be given than those so required.

(5) The forms set out in the Appendix to these Rules, or forms
conforming thereto as nearly as may be, shall be used in cases to which they
are applicable, and in other cases forms to the like effect or conforming thereto
as nearly as may be shall be used, the statement of offence and the particulars
of offence being varied according to the circumstances in each case.

(6) Where an indictment contains more than one count, the counts
shall be numbered consecutively.

5. (1) Where a written law constituting an offence states the offence to
be the doing or the omission to do any one of any different acts in the
alternative, or the doing or the omission to do any act in any one of any
different capacities, or with any one of any different intentions, or states any
part of the offence in the alternative, the acts, omissions, capacities or
intentions, or other matters stated in the alternative in the written law, may be
stated in the alternative in the count charging the offence.

(2) It shall not be necessary, in any count charging a statutory
offence, to negative any exception or exemption from or qualification to the
operation of the Act creating the offence.

6. (1) The description of property in a count in an indictment shall be
in ordinary language and such as to indicate with reasonable clearness the
property referred to, and if the property is so described it shall not be necessary
(except when required for the purpose of describing an offence depending on
any special ownership of property or special value of property) to name the
person to whom the property belongs or the value of the property.

(2) Where property is vested in more than one person, and the owners
of the property are referred to in an indictment, it shall be sufficient to describe

Mode in which
offences are to
be charged.

Appendix.

Provisions as to
statutory
offences.

Description of
property.

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the property as owned by one of those persons by name with others, and if the
persons owning the property are a body of persons with a collective name, such
as “Inhabitants”, “Trustees”, “Commissioners”, or “Club” or other such name,
it shall be sufficient to use the collective name without naming any individual.

7. The description or designation in an indictment of the accused
person, or of any other person to whom reference is made therein, shall be
such as is reasonably sufficient to identify him, without necessarily stating his
correct name, or his abode, style, degree, or occupation; and if, owing to the
name of the person not being known, or for any other reason, it is
impracticable to give such a description or designation, such description or
designation shall be given as is reasonably practicable in the circumstances, or
such person may be described as “a person unknown”.

8. Where it is necessary to refer to any document or instrument in an
indictment, it shall be sufficient to describe it by any name or designation by
which it is usually known, or by the purport thereof, without setting out any
copy thereof.

9. Subject to any other provisions of these Rules, it shall be sufficient to
describe any place, time, thing, matter, act or omission whatsoever to which it
is necessary to refer in any indictment, in ordinary language in such a manner
as to indicate with reasonable clearness the place, time, thing, matter, act, or
omission referred to.

10. It shall not be necessary in stating any intent to defraud, deceive, or
injure to state an intent to defraud, deceive or injure any particular person
where the written law creating the offence does not make an intent to defraud,
deceive or injure a particular person an essential ingredient of the offence.

11. Any charge of a previous conviction of an offence shall be charged at
the end of the indictment by means of a statement that the person accused has
been previously convicted of that offence at a certain time and place without
stating the particulars of the offence.

12. (1) All indictments shall, subject to the provisions appearing below,
be signed by the Director of Public Prosecutions.

(2) In cases in which, under any existing Act, any party injured or
complaining is admitted to prosecute privately, the indictment shall be signed
by such party and not by the Director of Public Prosecutions.

(3) The Registrar shall not receive an indictment from any private
prosecutor unless the indictment has thereon endorsed a certificate by the
Director of Public Prosecutions to the effect that he has seen such indictment
and declines to prosecute at the public instance for the offence therein set forth,

Description of
persons.

Description of
document.

General rule as
to description.

Statement of
intent.

Charge of
previous
convictions, etc.

Signing
indictments.
[136/1976].

36 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 37

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and unless such prosecutor has entered into a recognisance in the sum of two
thousand dollars, together with one surety to be approved by the Registrar in
the like sum, to prosecute the said indictment to conclusion at the time at
which the accused shall be required to appear, and pay such costs as may be
ordered by the Court.

13. Every indictment shall be filed in Court.

14. (1) A copy of the indictment shall be served upon every accused
person named therein four clear days at least before such person is required to
plead thereto.

(2) Where the accused person has been released on bail, the
Registrar shall serve such copy by delivering the same at the place named in
such person’s recognisance of bail for the acceptance of such service, either to
the accused person personally or, if he is not there, to any person willing to
accept such service on behalf of such accused person or, if no such person can
be found, by leaving the same between the hours of nine o’clock in the
morning and four o’clock in the afternoon at the place mentioned above.

(3) Where the accused person is a prisoner in the
Port-of-Spain Prison, the Registrar shall serve such copy by delivering the
same to the Keeper of the Port-of-Spain Prison, who shall thereupon cause the
same to be delivered to such prisoner.

(4) If, upon the arraignment of any accused person, it appears to the
Court that such copy was not served according to this Act, such accused
person shall, on application by himself or on his behalf, be entitled as of right
to have the trial of the indictment postponed to the next Criminal Session held
in the place in which he is arraigned.

15. Except as in these Rules otherwise provided, these Rules shall apply
to any plea, replication or other pleading relating thereto.

Indictments to
be filed in Court.

Copy of
indictment.
[18 of 1994].

Application to
informations,
and other
pleading.
[45 of 1979].

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APPENDIX
FORMS OF INDICTMENT

FORM 1

STATEMENT OF OFFENCE
Uttering counterfeit coin, contrary to section 10 of the Coinage Offences Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

at ............................................... in the County of ................................., uttered
a counterfeit 25 cents coin, knowing the same to be counterfeit.

FORM 2

STATEMENT OF OFFENCE

Uttering counterfeit coin, contrary to section 13 of the Coinage Offences Act.
PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

at .................................................. in the County of .................................,
uttered a counterfeit fifty cents coin, knowing the same to be counterfeit.

A.B. has been previously convicted of a misdemeanor under section 13 of the

Coinage Offences Act, on the .................... day of............................, 20......., at

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

FORM 3

STATEMENT OF OFFENCE
Murder.

PARTICULARS OF OFFENCE

A.B. on the .............. day of ........................................, 20....., in the County of

...................................................., murdered J.S.

38 Chap. 12:02 Criminal Procedure

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Rule 4.
[45 of 1979].

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FORM 4

STATEMENT OF OFFENCE

Assisting Offender, contrary to section 5(1) of the Criminal Law Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

after C.D. had committed an arrestable offence, namely, the theft of coat, the

property of E.F. and bearing the name of the manufacturer ................................

knowing or believing that the said C.D. had committed the said offence or
some other arrestable offence, without lawful authority or excuse removed
from the said coat the name of the said manufacturer, with intent to impede the
apprehension or prosecution of the said C.D.

FORM 5

STATEMENT OF OFFENCE
Manslaughter.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of .................................., unlawfully killed J.S.

FORM 6

STATEMENT OF OFFENCE
Rape.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ........................................................., had carnal knowledge of

E.F. without her consent.

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FORM 7

FIRST COUNT

STATEMENT OF OFFENCE
Wounding with intent, contrary to section 12 of the Offences Against the
Person Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ..............................................................., 20........,

in the County of .................................................................................................
wounded C.D., with intent to do him grievous bodily harm [or to maim, disfigure,
or disable him, or to resist the lawful apprehension of him the said A.B.].

SECOND COUNT

STATEMENT OF OFFENCE
Wounding, contrary to section 14 of the Offences Against the Person Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ..............................................................., 20........,

in the County of ....................................................., maliciously wounded C.D.

FORM 8

STATEMENT OF OFFENCE

Conspiracy to incite women to procure their own miscarriage.
PARTICULARS OF OFFENCE

A.B., and C.D., on divers days between the ........................................... day of

........................................................................ and the ............................ day of

............................................, 20........, in the County of .....................................,
conspired together and with other persons unknown to incite women being
with child to administer to themselves noxious things with intent to procure
their own miscarriage.

40 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 41

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FORM 9

STATEMENT OF OFFENCE

Libel.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ..................................................................................................

published a defamatory libel concerning E.F., in the form of a letter [book,
pamphlet, picture, or as the case may be].

[Innuendo should be stated where necessary].

FORM 10

FIRST COUNT

STATEMENT OF OFFENCE

Publishing obscene libel.

PARTICULARS OF OFFENCE

E.M., on the .............. day of ..............................................................., 20........,

in the County of ................................................................., sold, uttered and
published and caused or procured to be sold, uttered, and published an obscene
libel the particulars of which are deposited with this indictment.
[Particulars to specify pages and lines complained of where necessary, as in

a book].

SECOND COUNT

STATEMENT OF OFFENCE

Procuring obscene libel [or thing] with intent to sell or publish.

PARTICULARS OF OFFENCE

E.M., on the .............. day of ..............................................................., 20........,

in the County of ....................................................................., procured an
obscene libel [or thing], the particulars of which are deposited with this
indictment, with intent to sell, utter or publish such obscene libel [or thing].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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FORM 11

STATEMENT OF OFFENCE

Libel.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of .........................................................., published a defamatory
libel concerning W.Y., in the form of a letter addressed to J.B., which said
letter contained the following defamatory matters concerning the said W.Y.:—

1. Do you know that about the year 20......, your friend W.Y. was in the
employ of L. and J., and that his accounts were found to be all wrong?
(meaning thereby that W.Y. was guilty of acts of dishonesty and falsification
of accounts whilst he was in the employ of L. and J.).

2. As soon as his defalcations were discovered and a warrant was applied

for he fled to ...................................................... (meaning thereby that the said
W.Y. was a fugitive from justice).

3. Sometime after this he appears to have returned to ........................., for he

was found to be keeping a disorderly house in the ................. (meaning thereby

that the said W.Y. had committed the criminal offence of keeping a disorderly
house).

[See Form 12 for plea of justification to Form 11].

42 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 43

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L.R.O.

FORM 12

PLEA OF JUSTIFICATION OF A.B. IN ANSWER TO THE
INDICTMENT AGAINST HIM FOR LIBEL

[See Form 11]

A.B. says he is not guilty, and for a further plea he says that all the defamatory
matters alleged in the indictment are true.

PARTICULARS

1. On the ............. day of .................................................................., 20........,

W.Y. received the sum of $................................................ from T.S., and on the

............ day of ............................................., 20 ......., W.Y. received the sum of

$ ................................................................................ from C.F., and the sum of

$ .................................... from W.D. on behalf of his employers, L. and J., which
he fraudulently omitted to enter in their books or to account for in any way.

2. On the .......... day of ........................................., 20 ........, soon after W.Y.’s
defalcations were discovered and a warrant was applied for against him upon
charges of embezzling his employers’ money and falsifying their books, W.Y.

left ............................................................ on a ship called the Eagle bound for

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

3. On the 19th September and on other days in the year 20......, W.Y. kept a

house at .................................................................... for the purpose of betting,

contrary to ..........................................................................................................
A.B. says it was for the public benefit that the defamatory matters charged in
the said indictment should be published by reason of the fact that W.Y. was at
the time of the publication thereof a candidate for the public office of
Councillor of the Borough of .............................................................................

[For Replication to Form 12, see Form 13]

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FORM 13

REPLICATION TO THE PLEA OF
JUSTIFICATION OF A.B.

[See Form 12]

H.S., Registrar of the Supreme Court, joins issue on behalf of the State.

FORM 14

STATEMENT OF OFFENCE

Larceny, contrary to section 18 of the Larceny Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of .........................................................., being clerk or servant to
M.N., stole from the said M.N. ten yards of cloth.

FORM 15

STATEMENT OF OFFENCE

Robbery with violence, contrary to section 24 of the Larceny Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ............................................................, robbed C.D. of a
watch, and at the time of or immediately before or immediately after such
robbery did use personal violence to the said C.D.

44 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 45

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L.R.O.

FORM 16

FIRST COUNT

STATEMENT OF OFFENCE
Larceny.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ............................................., stole a bag, the property of C.D.

SECOND COUNT

STATEMENT OF OFFENCE

Receiving stolen goods, contrary to section 34 of the Larceny Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ....................................................................., did receive a
bag, the property of C.D., knowing the same to have been stolen.

A.B. has been previously convicted of arrestable offence, to wit, burglary, on

the ................... day of ..................................., 20 ....., at ....................................

FORM 17

STATEMENT OF OFFENCE

Breaking into dwelling house and larceny, contrary to section 27 of the
Larceny Act.

PARTICULARS OF OFFENCE

A.B., on the ....... day of .........................................., 20 ........., in the County of

................................................, did break and enter the dwelling house of C.D.
with intent to steal therein, and did steal therein one watch, the property of S.T.

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FORM 20

STATEMENT OF OFFENCE

Conspiracy to defraud.

PARTICULARS OF OFFENCE

A.B. and C.D. on divers days between the ......... day of ........................ and the

......... day of .................., 20......., in the County of ..........................................,
conspired together and with other persons unknown to defraud such persons
as should thereafter be induced to part with money to the said A.B. and C.D., by
false representations that A.B. and C.D. were then carrying on a genuine business

as jewellers at ......................................, and that they were then willing and
prepared to supply articles of jewellery to such persons.

FORM 18

STATEMENT OF OFFENCE
Sending threatening letter, contrary to section 31 of the Larceny Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ...................................................., sent, delivered, or uttered to
or caused to be received by C.D., a letter accusing or threatening to accuse the
said C.D., of an infamous crime with intent to extort money from the said C.D.

FORM 19

STATEMENT OF OFFENCE
Obtaining goods by false pretences, contrary to section 34 of the Larceny Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ........................................................, with intent to defraud,
obtained from S.P. five yards of cloth by falsely pretending that he, the said
A.B., was a servant to J.S., and that he, the said A.B., had then been sent by
the said J.S. to S.P. for the said cloth, and that he, the said A.B., was then
authorised by the said J.S. to receive the said cloth on behalf of the said J.S.

46 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 47

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L.R.O.

FORM 21

FIRST COUNT

STATEMENT OF OFFENCE

Falsification of accounts, contrary to section 9 of the Criminal Offences Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ........................................................, being clerk or servant to
C.D., with intent to defraud, made or concurred in making a false entry in a
cash book belonging to the said C.D., his employer, purporting to show that on

the said day $................................................................... had been paid to L.M.

SECOND COUNT

STATEMENT OF OFFENCE

Same as First Count.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ..........................................., being clerk or servant to C.D.,
with intent to defraud omitted or concurred in omitting from or in a cash book
belonging to the said C.D., his employer, a material particular, that is to say, the

receipt on the said day of $ ............................................................... from H.S.

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FORM 22

FIRST COUNT

STATEMENT OF OFFENCE

Forgery, contrary to section 4(1) of the Forgery Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ......................................................, with intent to defraud,
forged a certain Will purporting to be the Will of C.D.

SECOND COUNT

STATEMENT OF OFFENCE

Uttering forged document, contrary to section 9 of the Forgery Act.

PARTICULARS OF OFFENCE

A. B., on the ......... day of ....................., 20 ....., in the County of .....................,
uttered a certain forged Will purporting to be the Will of C.D., knowing the
same to be forged and with intent to defraud.

48 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 49

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FORM 23

FIRST COUNT

STATEMENT OF OFFENCE

Arson, contrary to section 4 of the Malicious Damage Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ......................................................., maliciously set fire to a
dwelling house, one F.G. being therein.

SECOND COUNT

STATEMENT OF OFFENCE

Arson, contrary to section 5 of the Malicious Damage Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ..................................................................................................
maliciously set fire to a house with intent to injure or defraud.

FORM 24

STATEMENT OF OFFENCES

A.B., arson, contrary to section 5 of the Malicious Damage Act.

C.D., being aider and abettor to same offence.

PARTICULARS OF OFFENCES

A.B., on the .............. day of ................................................................, 20........,

in the County of ................................................., maliciously set fire to a house
with intent to injure or defraud.

C.D., on the same day, in the County of ............................................................,
did counsel, procure, and command the said A.B. to commit the said offence.

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FORM 25

STATEMENT OF OFFENCE

Damaging trees, contrary to section 19 of the Malicious Damage Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of .............................., maliciously damaged a .............................
tree there growing.

FORM 26

FIRST COUNT

STATEMENT OF OFFENCE

Offence under section 27 of the Malicious Damage Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ......................................., displaced a sleeper belonging to the

................................ Railway with intent to obstruct, upset, overthrow, injure,
or destroy an engine, tender, carriage, or truck using the said railway.

SECOND COUNT

STATEMENT OF OFFENCE

Obstructing railway, contrary to section 29 of the Malicious Damage Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ........................., by unlawfully displacing a sleeper belonging

to the ...........................Railway did obstruct or cause to be obstructed an
engine or carriage using the said railway.

50 Chap. 12:02 Criminal Procedure

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UNOFFICIAL VERSION


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Criminal Procedure Chap. 12:02 51

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FORM 27

STATEMENT OF OFFENCE

Perjury, contrary to section 4(1) of the Perjury Act.

PARTICULARS OF OFFENCE

A.B., on the .............. day of ................................................................, 20........,

in the County of ...................., being a witness upon the trial of an action in the

...................Court ..................., in which one ...............................................was

plaintiff, and one .......................................................was defendant, knowingly
falsely swore that he saw one M.N., in the street called Frederick Street, Port-

of-Spain, on the ................ day of ......................................................., 20..........

FORM 28

STATEMENT OF OFFENCE

Obstructing Coroner in the execution of his Duty. (Common Law Offence).

PARTICULARS OF OFFENCE

A.B. and G.C., on the ................. day of ........................................, 20......., in

the County of ....................................................................................., intending

to prevent the Coroner of ....................................................................... from
holding an inquest in the execution of his duty upon view of the dead body of
S.C., who died a violent or an unnatural death or a sudden death of which the
cause was unknown, or intending to obstruct the said Coroner in the
holding of such inquest, did bury the said dead body in a certain place, to wit

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

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FORM 29

FIRST COUNT

STATEMENT OF OFFENCE

Bankruptcy Offence contrary to section 136 of the Bankruptcy Act.

PARTICULARS OF OFFENCE

A.B., has been adjudged bankrupt, and on the ......... day of .................., 20......,

in the County of ............................................ did not fully and truly discover to
the trustee all his property, and how and to whom and for what consideration
and when he had disposed of a piano, part thereof.

SECOND COUNT

STATEMENT OF OFFENCE
Bankruptcy Offence contrary to section 136 of the Bankruptcy Act.

PARTICULARS OF OFFENCE

A.B., has been adjudged bankrupt, and on the ......... day of .................., 20 .....,

in the County of .........................................., did not deliver up to the trustee a
book called a ledger, relating to his property or affairs.

FORM 30

STATEMENT OF OFFENCES
A.B., undischarged bankrupt obtaining credit, contrary to section 137 of the
Bankruptcy Act.

C.D., being aider and abettor to same offence.
PARTICULARS OF OFFENCES

A.B., on the .............. day of ................................................................, 20........,
in the County of .............................., being an undischarged bankrupt, obtained

credit to the extent of ............................. from H.S. without informing the said
H.S. that he then was an undischarged bankrupt.

C.D. at the same time and place did aid, abet, counsel, and procure A.B. to
commit the said offence.

52 Chap. 12:02 Criminal Procedure

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UNOFFICIAL VERSION


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Criminal Procedure Chap. 12:02 53

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Section 57.
[136/1976].
Section 57(1).

SECOND SCHEDULE

WARRANT OF EXECUTION

FORM A

THE REPUBLIC OF TRINIDAD AND TOBAGO

To the Marshal.

GREETING:

Whereas (A.B.), late of .......................................................................................
has been indicted for felony and murder by him done and committed, and the
said (A.B.) having been thereupon arraigned before the High Court at its Session

held on the ............ day of ...................... in the year of our Lord Two Thousand

and ......................., and having upon such arraignment pleaded NOT GUILTY
(or GUILTY, as the case may be), the said (A.B.) has before the said Court in its
aforesaid Session been tried and in due form of law convicted thereof: And
whereas judgment has been given by the said Court, that the said (A.B.) be
hanged by the neck until he be dead, the execution of which judgment yet remains

to be done, I, ..................................................... President of the Republic of
Trinidad and Tobago, do by these presents require and strictly command you

that upon the ................. day of ..................................... in the year of our Lord

Two Thousand and ..................... between the hours of six in the forenoon and
twelve at noon of the same day, him the said (A.B.) at the Port-of-Spain Prison
to you to be delivered, as by another writ to the Keeper of the said Port-of-
Spain Prison is commanded, into your custody, you then and there receive, and
him in your custody so being you forthwith convey to the usual place of
execution and that you do then and there cause execution to be done upon the
said (A.B.) in your custody so being in all things according to the said
judgment; And this you are by no means to omit at your peril.

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Section 57(1). FORM B

THE REPUBLIC OF TRINIDAD AND TOBAGO

To the Keeper of the Port-of-Spain Prison.

GREETING:

Whereas (A.B.), late of ................................................................................... in
Trinidad and Tobago has been indicted for felony and murder by him done and
committed; and the said (A.B.) having been thereupon arraigned before the

High Court at its Session held on the .............. day of ............................. in the

year of our Lord Two Thousand and ............ and having upon such arraignment
pleaded NOT GUILTY (or GUILTY, as the case may be), the said (A.B.) has
before the said Court in its aforesaid Session been tried, and in due form of law
convicted thereof: And whereas judgment has been given by the said Court that
the said (A.B.) be hanged by the neck until he be dead, the execution of which

judgment yet remains to be done, I,.................................................... President
of the Republic of Trinidad and Tobago, do therefore by these presents require

and strictly command you that upon the ................................................. day of

............................... in the year of our Lord Two Thousand and .........................
between the hours of six and eleven in the forenoon of the same day him the
said (A.B.) at the Port-of-Spain Prison aforesaid to the Marshal you then
deliver, which said Marshal, by another writ to him directed, is commanded
then and there to receive the said (A.B.) that execution of the aforesaid
judgment may be done in manner and form as to the said Marshal is by the said
other writ commanded: And this you are by no means to omit at your peril.

54 Chap. 12:02 Criminal Procedure

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Criminal Procedure Chap. 12:02 55

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Section 76(4).FORM C

THE REPUBLIC OF TRINIDAD AND TOBAGO

To the Marshal.

GREETING:

You are hereby required and commanded, as you regard yourself and all fines,
that of the goods and chattels of all and singular the persons mentioned in the
list to this writ annexed you cause to be levied, all and singular the debts and
sums of money upon them severally imposed and charged and mentioned in
the said list, so that the money may be ready for payment at the next Criminal
Sessions of the High Court, to be paid over in such manner as the said Court
may direct; and if any of the said several debts and sums of money cannot be
levied by reason of no goods or chattels being to be found belonging to the
parties, then in all cases that you take the bodies of the parties refusing to pay
the aforesaid debts and sums of money and lodge them in the Port-of-Spain
Prison there to await the decision of the said Court at its next Session: And
have you there then this writ.

Witness His Honour ..........................................., Chief Justice of Trinidad and

Tobago at Port-of-Spain, this ............. day of ................................. 20..............

Registrar.

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56 Chap. 12:02 Criminal Procedure

LAWS OF TRINIDAD AND TOBAGO

203/1980.

Citation.

Application for
change of
venue.

SUBSIDIARY LEGISLATION

CRIMINAL PROCEDURE (CHANGE OF VENUE) RULES

made under section 77

1. These Rules may be cited as the Criminal Procedure
(Change of Venue) Rules.

2. (1) Without prejudice to the operation of section 3(4) of
the Act, an application for an order under that subsection for the
transfer of a trial may be made by motion to the High Court,
except in vacation when it may be made by summons to a Judge
in Chambers.

(2) An application under subrule (1) must be
supported by an affidavit showing the grounds on which the
application is made.

(3) The motion or summons together with a copy of the
affidavit must, at least eight clear days before the day named in
the notice or summons for the hearing, be served, if the applicant
is the Director of Public Prosecutions, on the accused and, if the
applicant is an accused person, on the Director of Public
Prosecutions and all other persons jointly accused with the
applicant.

(4) The provisions of Orders 7 and 8 of the Rules of the
Supreme Court 1975 apply mutatis mutandis to applications
made under this rule.

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