Criminal Procedure (Corporations)

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Criminal Procedure (Corporations)
CRIMINAL PROCEDURE (CORPORATIONS) ACT

CHAPTER 12:03

LAWS OF TRINIDAD AND TOBAGO

Act
10 of 1961

Amended by
172/1961
8/1962
136/1976

L.R.O.

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1—7 ..

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LAWS OF TRINIDAD AND TOBAGO

2 Chap. 12:03 Criminal Procedure (Corporations)

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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Criminal Procedure (Corporations) Chap. 12:03 3

CHAPTER 12:03

CRIMINAL PROCEDURE (CORPORATIONS) ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.
3. Corporations: committal for trial.
4. Representatives: appearance before Magistrate.
5. Matters in presence of representative.
6. Non-appearance of representative.
7. Corporation charged jointly with individual.
8. Plea by corporation.
9. Representatives: qualification to act.

10. Method of appointment of representative.
11. A representative may not be fined or imprisoned on conviction of

corporation.
12. Fines on corporations.
13. Enforcement.
14. Service of documents.
15. Application and non-application.

SCHEDULE.

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4 Chap. 12:03 Criminal Procedure (Corporations)

CHAPTER 12:03

CRIMINAL PROCEDURE (CORPORATIONS) ACT

An Act to regulate the procedure in criminal cases against
Corporations.

[1ST NOVEMBER 1961]

1. This Act may be cited as the Criminal Procedure
(Corporations) Act.

2. In this Act “representative” means a person duly appointed
by a corporation to represent it for the purpose of doing any act or
thing that the representative of a corporation is by this Act
authorised to do.

3. (1) Notwithstanding anything in the Indictable Offences
(Preliminary Enquiry) Act, where a corporation is charged before
a Magistrate with an indictable offence, the Magistrate may commit
the corporation for trial by an order in writing empowering the
prosecutor to make application to the Director of Public
Prosecutions to prefer an indictment in respect of the offence named
in the order, or for any offence that in the opinion of the Director
of Public Prosecutions is disclosed by the depositions, and for the
purpose of any written law referring to committal for trial (including
this Act) any such order shall be deemed to be a warrant of
commitment for trial or sentence as the case may be.

(2) The order for commitment in the case of a corporation
shall be in the form set out in the Schedule.

4. Where a corporation is charged before a Magistrate with
an indictable offence, a representative of the corporation may, on
behalf of the corporation—

(a) make a statement before the Magistrate in answer
to the charge;

(b) consent or object to summary trial or claim trial
by jury.

10 of 1961.

Commencement.
139/1961.

Short title.

Interpretation.

Corporations:
committal for
trial.
[172/1961
8/1962
136/1976].
Ch. 12:01.

Schedule.

Representatives:
appearance
before
Magistrate.

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Criminal Procedure (Corporations) Chap. 12:03 5

5. Where a representative appears before a Magistrate as
provided in section 4, any requirement of any law that anything
be done in the presence of the accused, or be read or said to
the accused, shall be construed as a requirement that that thing
be done in the presence of the representative or read or said to
the representative.

6. A requirement whether under this Act or any other law
that the consent of the accused be obtained for summary trial does
not apply in the case of a corporation when the representative does
not appear after having an opportunity to do so.

7. Where a corporation is charged before a Magistrate jointly
with an individual with an offence that is not a summary offence
but one that may be tried summarily with the consent of the accused,
the Court shall not try either of the accused summarily unless each
of them consents to be so tried.

8. When a corporation is indicted for an offence or is charged
before a Magistrate with an offence, the corporation may, on
arraignment before the High Court or on being asked to plead by
the Magistrate, as the case may be, enter in writing by its
representative a plea of guilty or not guilty, and if either the
corporation does not appear by a representative or, though it does
so appear, it fails to enter any plea, the Court shall order a plea of
not guilty to be entered and the trial shall proceed as though the
corporation had duly entered a plea of not guilty.

9. A representative is not, by virtue only of being
appointed as such, qualified to act on behalf of the corporation
before any Court for any purpose other than those authorised
by this Act.

10. For the purposes of this Act a representative need not be
appointed under the seal of a corporation, and a statement in writing
purporting to be signed by a managing director of the corporation,
or by any person (by whatever name called) having, or being one
of the persons having, the management of the affairs of the

Matters in
presence of
representative.

Non-appearance
of
representative.

Corporation
charged jointly
with individual.

Plea by
corporation.

Representatives:
qualification to
act.

Method of
appointment of
representative.

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6 Chap. 12:03 Criminal Procedure (Corporations)

corporation, to the effect that the person named in the statement
has been appointed as the representative of the corporation for the
purposes of this Act is admissible in evidence as prima facie proof
that the person has been so appointed.

11. Nothing in this Act renders a representative liable to
fine or imprisonment for any offence for which the corporation
is convicted.

12. A corporation that is convicted of an offence is liable, in
lieu of any imprisonment that is prescribed as punishment for that
offence, or where no fine is prescribed—

(a) to be fined in an amount that is in the discretion
of the Court, where the offence is an indictable
offence; or

(b) to be fined in an amount of three thousand dollars,
where the offence is a summary offence.

13. Where a fine that is imposed under section 12 is not paid
forthwith the prosecutor may, by filing the conviction, enter as a
judgment the amount of the fine and costs, if any, in the High
Court, and that judgment is enforceable against the accused in the
same manner as if it were a judgment entered against the accused
in the High Court in civil proceedings.

14. Where a corporation is charged with an indictable offence
or a summary offence, any summons or other document requiring
to be served on the corporation in connection with the proceedings
shall be served by leaving it at or sending it by post to the registered
office of the corporation, or if there be no such office in Trinidad
and Tobago, by leaving it at or sending it by post to the corporation
at any place in Trinidad and Tobago at which it trades or conducts
its business.

15. (1) Sections 28 to 37 of the Indictable Offences
(Preliminary Enquiry) Act do not apply to a corporation.

A representative
may not be fined
or imprisoned
on conviction of
corporation.

Fines on
corporations.

Enforcement.

Service of
documents.

Application and
non-application.
Ch. 12:01.

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Criminal Procedure (Corporations) Chap. 12:03 7

(2) Subject to this Act, the provisions of any law relating
to the inquiry into and trial of indictable offences or to the trial of
summary offences apply to a corporation as they apply to any
person who is sixteen years of age or over.

(3) This Act applies to all corporations, both sole and
aggregate, in Trinidad and Tobago and incorporated by or under a
law of Trinidad and Tobago or a law of any other place.

SCHEDULE

ORDER COMMITTING CORPORATION FOR TRIAL

To A.B. ................................................... of .................................................

C.D. .......................................... Company Limited (hereinafter called the
Accused corporation) was this day charged before me the undersigned Magistrate
on your information (or Complaint) with (state shortly particulars of offence).

And after inquiry into the said offence I have decided to commit the accused
corporation for trial and do hereby empower you, the said A.B., ....................,
as prosecutor, to apply to the Director of Public Prosecutions to prefer at the
High Court sitting at .................................................................. an Indictment
in respect of the said offence or of any other offences that in his opinion is
disclosed by the depositions.

Dated this ........................... day of .............................. 20.........

.............................................
Magistrate

Section 3(2).

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