Dangerous DrugsÅ\5.0
DANGEROUS DRUGS ACT
CHAPTER 11:25
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
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Act
38 of 1991
Amended by
27 of 1994
173/1995
44 of 2000
*55 of 2000
11 of 2014
*See Note on page 2
LAWS OF TRINIDAD AND TOBAGO
L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Index of Subsidiary Legislation
Page
Dangerous Drugs (Appointment of Inspectors) Order (LN 143/2001) … 47
Note on section 60 of Act
Section 60 of the Act provides as follows:
“60. (1) The following written laws are repealed:
(a) the Narcotic Control Ordinance; and
(b) the Narcotic Drugs and Psychotropic Substances Control Act, 1985.
(2) Notwithstanding the repeal of the Ordinance and the Act referred to in subsection (1)
anything done or any action taken under the Ordinance or the Act, shall be deemed to have
been done or taken under the corresponding provisions of this Act.”.
N.B. Subsidiary Legislation saved in respect of the above repealed statutes:
1. Dangerous Drugs Ordinance (Ch. 12. No. 6) (1950 Revised Edition)—
(Repealed by Ord. No. 27 of 1961)—
(a) Raw Opium and Ganja Regulations (1950 Rev. Ed.) Vol. 8 at page 521;
(b) Dangerous Drugs Regulations (1950 Rev. Ed.) Vol 8 at page 515;
(c) Power of Inspection Order 1963 (LN 104/1963).
2. Narcotic Control Ordinance 1961 (Ord. No. 27 of 1961)—
(Repealed by Act No. 38 of 1991)—
(a) Narcotic Control (Distribution and Licensing) Regulations 1964 (LN 129
of 1964);
(b) Narcotic Control (General Provisions) Regulations 1964 (LN 131 of 1964).
Note on Act No. 55 of 2000
Section 61 of the Proceeds of Crime Act 2000 (Act No. 55 of 2000) provides as follows:
“61. Sections 30 to 53 of the Dangerous Drugs Act are repealed, save that any proceedings
in respect of a drug trafficking offence which had commenced before the proclamation of this
Act shall proceed as if sections 30 to 53 of the Dangerous Drugs Act continue to have effect.’’.
Act No. 55 of 2000 was proclaimed on the 6th November 2000 by LN 269/2000.
Accordingly, any proceedings in respect of a drug trafficking offence which had
commenced before the 6th November 2000 will continue to have effect as if sections 30 to
53 of the Dangerous Drugs Act were not repealed.
N.B.—See APPENDIX at the end of this Act for the repealed sections 30 to 53 of the
Dangerous Drugs Act.
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CHAPTER 11:25
DANGEROUS DRUGS ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Act inconsistent with Constitution.
3. Interpretation.
PART II
POSSESSION OF AND TRAFFICKING
IN DANGEROUS DRUGS
4. Minister may issue licences.
5. Possession of and trafficking in dangerous drugs.
6. Court may order admission to psychiatric hospital.
PART IIA
OFFENCES RELATING TO PRECURSOR CHEMICALS
6A. Offence.
6B. Order.
6C. Regulations.
6D. Interpretation.
PART III
SUPPLY OF DANGEROUS DRUGS
BY PHARMACISTS UNDER LICENCE AND
APPOINTMENT OF INSPECTORS AND ANALYSTS
7. Licensed person not to supply dangerous drugs.
8. Pharmacist not to supply dangerous drugs.
9. Delivery of dangerous drugs to Minister.
10. Contravention of section 7, 8 or 9—offence and penalty.
UNOFFICIAL VERSION
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11. Unlawful for physician to prescribe, give or sell drug except for
medicinal purposes.
12. Inspectors.
13. Neglect or refusal to keep records.
14. Supply of dangerous drugs by two or more medical practitioners.
15. Possession of certain devices and apparatus.
16. Unlawful use of premises.
17. Enclosing drugs in a letter, etc.
18. Liability for imprisonment for non-payment of fine.
19. Onus of proof on charge of offence under section 5.
20. Burden of proof on pleas of medicinal purposes or medical
treatment.
21. Occupier, etc., deemed to be in possession when dangerous drugs
found on premises.
22. Certificate of analyst and evidence and facts stated in certificate.
23. Search and seizure.
24. Forfeiture of seized items.
PART IV
SUMMARY CONVICTIONS
25. Punishment of person summarily convicted of indictable offence.
26. Penalty for conspiracy.
27. Accessories, etc., liable to same penalty as principal offender.
28. Committal to the High Court for sentence.
29. Offence by body corporate.
PART IVA
BURDEN OF PROOF AND PRESUMPTIONS
29A. Burden of Proof.
29B. Presumptions.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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SECTION
PART V
CONFISCATION OF PROCEEDS OF
DRUG TRAFFICKING
30–35D—(Repealed by Act No. 55 of 2000).
PART VI
RESTRAINT ORDERS
36–47—(Repealed by Act No. 55 of 2000).
PART VII
INVESTIGATIONS INTO DRUG TRAFFICKING
48–52—(Repealed by Act No. 55 of 2000).
PART VIII
FORFEITURE ORDERS
53—(Repealed by Act No. 55 of 2000).
PART VIIIA
OFFENCES ON THE HIGH SEAS
53A. Offences on Trinidad and Tobago ships.
53B. Ships used for illicit trading.
53C. Enforcement powers.
53D. Jurisdiction and prosecution.
53E. Offences and Penalties.
PART IX
MISCELLANEOUS
54. Protection of informants.
54A. Destruction of drug exhibits.
55. Notice or order not to be invalid for error in description.
56. Power of police officer under other written laws.
56A. Lesser penalty for younger offender.
UNOFFICIAL VERSION
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ARRANGEMENT OF SECTIONS—Continued
SECTION
57. Regulations.
58. Penalties under Regulations.
59. Additions to First and Second Schedules.
59A. Annual report.
59B. Joint Parliamentary Committee.
60. Repeal and savings Ordinance.
61. Section 68 of the Interpretation Act, Ch. 3:01 not applicable.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE—(Omitted)
FOURTH SCHEDULE.
FIFTH SCHEDULE.
APPENDIX—(Containing sections 30 to 53 of the Act which were
Repealed by Act No. 55 of 2000 and Orders made
under these sections).
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38 of 1991.
Commencement.
Preamble.
Short title.
Act inconsistent
with
Constitution.
Interpretation.
[44 of 2000].
CHAPTER 11:25
DANGEROUS DRUGS ACT
An Act to provide for the control of narcotic drugs and
psychotropic substances and to make provision for the
confiscation of the proceeds of drug trafficking and
other provisions in connection with drug trafficking and
matters connected therewith.
[7TH NOVEMBER 1991]
WHEREAS it is enacted by section 13(1) of the Constitution that
an Act of Parliament to which that section applies may expressly
declare that it shall have effect even though inconsistent with
sections 4 and 5 of the Constitution, and if any Act does so
declare it shall have effect accordingly:
And whereas it is provided in subsection (2) of the said
section 13, that an Act of Parliament to which that section
applies is one the Bill for which has been passed by both Houses
of Parliament and at the final vote thereon in each House has
been supported by the votes of not less than three-fifths of all the
members of that House:
And whereas it is necessary and expedient that this Act
shall have effect even though inconsistent with sections 4 and 5
of the Constitution:
PART I
PRELIMINARY
1. This Act may be cited as the Dangerous Drugs Act.
2. This Act has effect even though inconsistent with
sections 4 and 5 of the Constitution.
3. (1) In this Act—
“analyst” means a person designated as an analyst under
section 22(2);
UNOFFICIAL VERSION
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Ch. 79:01.
First Schedule.
Second
Schedule.
Ch. 29:54.
*“bank” means a bank licensed under the Banking Act, or an
institution carrying on the business of banking under a
written law;
“business” means an activity carried on for the purpose of gain or
profit and includes all property derived from or used in or
for the purpose of carrying on such activity, and all rights
and liabilities arising from such activity;
“coca plant” means a plant of the genus Erythroxylon from which
cocaine can be extracted;
“dangerous drugs” means a narcotic drug listed in the First
Schedule or a thing that contains such a drug or a
psychotropic substance listed in the Second Schedule or a
thing that contains such a substance;
“dentist” means a person registered as such under the Dental
Profession Act;
“Director of Public Prosecutions” means the Director of Public
Prosecutions of Trinidad and Tobago or any person assigned
by him for the purpose of this Act;
“document” includes—
(a) a letter, figure, mark, inscription, writing, sign,
caricature, picture, drawing or representation in
any form; and
(b) a visual recording, whether of still or moving
images, or sound recording, on any substance,
material, thing or article;
“drug traffic”, “drug trafficking” or “trafficking” means the
importation, exportation, manufacture, sale, giving,
administering, transportation, delivery or distribution by any
person of a dangerous drug or any substance represented or
held out by such person to be a dangerous drug or the making
of any offer in respect thereof, whether in the Territory or
elsewhere, and includes an arrangement whereby—
(a) the retention or control by or on behalf of
another person of the other person’s proceeds of
drug trafficking is facilitated, or
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* The Banking Act was repealed by the Financial Institutions Act (Ch. 79:09).
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(b) the proceeds of drug trafficking by another
person are used to ensure that funds are placed
at the other person’s disposal or are used for the
other person’s benefit to acquire property;
but does not include—
(c) the importation or exportation of a dangerous
drug by or on behalf of any person who has a
licence therefore under section 4; or
(d) the manufacture, processing, packaging, sale,
giving, administering, transportation, delivery
or distribution of a dangerous drug or the
making of any offer in respect thereof by or on
behalf of a person who has a licence therefore
under section 5 or by or on behalf of a medical
practitioner, dentist, veterinary surgeon or
pharmacist for a medicinal purpose;
“drug trafficking offence” means any of the following:
(a) an offence under section 5(4) and (7) and
*section 47;
(b) an offence of conspiracy to commit any of the
offences referred to in paragraph (a);
(c) an offence of attempting, inciting, aiding,
abetting, counselling or procuring the
commission of any of the offences referred to in
paragraph (a) or (b);
“export” means the taking or conveying, or causing to be taken
or conveyed, out of the Territory;
“holder”, in relation to any property, includes, a person who—
(a) is the owner of;
(b) is in possession of;
(c) is in occupation of;
(d) has custody or control of; and
(e) has any other right, interest, title, claim, power,
duty or obligation,
in relation to that property;
* Section 47 was repealed by Act No. 55 of 2000. (See Note on page 2).
UNOFFICIAL VERSION
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“import” means the bringing or conveying, or causing to be
brought or conveyed, into the Territory;
“life” means the natural life of a person;
“medical practitioner” means a person registered under the
Medical Board Act;
“Minister” means the Minister to whom responsibility for the
administration of Health is assigned;
“opium” includes raw opium, powdered opium and opium
wholly or partially prepared for any use or purpose whatever
its content of morphine may be;
“pharmacist” means a person registered as such under the
Pharmacy Board Act;
“plant” includes a living plant or any part thereof and any organ,
tissue, cell or portion of the genetic material thereof;
“prepared opium” or “smoking opium” means the product of raw
opium obtained by a series of special operations, especially
by dissolving, boiling, roasting and fermentation, designed
to transform it into an extract suitable for consumption; and
“prepared opium” includes dross and all other residues
remaining when opium has been smoked;
“property” means real or personal property, whether within or
outside the Territory and includes—
(a) a right, interest, title, claim, chose in action,
power, privilege, whether present or future and
whether vested or contingent, in relation to
property, or which is otherwise of value;
(b) a conveyance executed for conveying,
assigning, appointing, surrendering, or
otherwise transferring or disposing of
immovable property whereof the person
executing the conveyance is proprietor or
possessed or wherein he is entitled to a
contingent right, either for his whole interest or
for a lesser interest;
(c) a monetary instrument;
(d) any other instrument or securities;
(e) any business;
Ch. 29:50.
Ch. 29:52.
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(f) a vehicle, boat, aircraft or other means of
conveyance of any description; and
(g) any other tangible or intangible property;
“securities” includes stocks, bonds, shares, debentures, funds and
certificates of deposit;
“Territory” means the territory of Trinidad and Tobago;
“trust” includes a legal obligation in favour of a beneficiary
subject to which any person holds property;
“veterinary surgeon” means a person registered under the
Veterinary Surgeons (Registration) Act.
(2) Reference in this Act to offences include a reference
to offences committed before the commencement of this Act, but
nothing in Part V, Part VI and Part VII imposes any duty or
confers any power on any Court in or in connection with
proceedings against a person for a drug trafficking offence
instituted before the commencement of this Act.
(2A) For the purposes of this Act possession of a thing
shall include control of a thing which is in the custody of another.
(3) References in this Act to anything received in
connection with drug trafficking include a reference to anything
received both in that connection and in a related connection.
(4) References to property held by a person include a
reference to property vested in his trustee in bankruptcy or
liquidator.
(5) Proceedings for an offence are instituted—
(a) when a Magistrate or Justice issues a summons
or warrant under section 38 or 41 of the
Summary Courts Act in respect of the offence;
(b) when a person is charged with the offence after
being taken into custody without a warrant;
(c) when an indictment is preferred against an
accused person,
and where the application of this subsection would result in there
being more than one time for the institution of proceedings, they
shall be taken to have been instituted at the earliest of those times.
Ch. 67:04.
Ch. 4:20.
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Minister may
issue licences.
(6) Proceedings for an offence are concluded on the
occurrence of one of the following events:
(a) the discontinuance of the proceedings;
(b) the acquittal of the defendant;
(c) the quashing of his conviction for the offence;
(d) the grant of the President’s pardon in respect of
his conviction for the offence;
(e) the Court sentencing or otherwise dealing with
him in respect of his conviction for the offence
without having made a confiscation order; and
(f) the satisfaction of a confiscation order made in
the proceedings whether by payment of the
amount due under the order or by the defendant
serving imprisonment in default.
(7) A confiscation order is subject to appeal so long as
an appeal or further appeal is pending against the order or, if it
was made on a conviction, against the conviction; and for this
purpose an appeal or further appeal shall be treated as pending,
where one is competent but has not been brought, until the
expiration of the time for bringing that appeal.
PART II
POSSESSION OF AND TRAFFICKING
IN DANGEROUS DRUGS
4. The Minister may, subject to Regulations made under
section 57—
(a) issue licences for the import, export, diversion,
sale, manufacture, production or distribution, at
a stated place, of any dangerous drug;
(b) issue licences for the cultivation, gathering or
production, at a stated place, of opium poppy,
marijuana, or coca plant;
(c) name the ports or places in the Territory where any
dangerous drug may be exported or imported;
(d) prescribe the manner in which any dangerous
drug is to be packed and marked for export;
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(e) authorise the furnishing of dangerous drugs to
the master of a ship for the medicinal needs of
the crew thereof;
(f) prescribe the records that are to be kept by any
person in connection with the export, import,
manufacture, receipt, sale, disposal and
distribution of a dangerous drug.
5. (1) Subject to subsection (2), a person who has in his
possession any dangerous drug is guilty of an offence and is liable—
(a) upon summary conviction to a fine of twenty-
five thousand dollars and to imprisonment for
five years;
(b) upon conviction on indictment to a fine of fifty
thousand dollars and to imprisonment for a term
which shall not exceed ten years but which shall
not be less than five years.
(2) Subsection (1) does not apply to—
(a) a person who has the possession of a dangerous
drug under a licence issued pursuant to section 4
permitting him to have possession of that
dangerous drug;
(b) a medical practitioner, dentist, veterinary
surgeon or pharmacist who is in possession of a
dangerous drug for any medicinal purpose;
(c) a person who obtains a dangerous drug for
medicinal purposes from or pursuant to a
prescription of a medical practitioner, dentist or
veterinary surgeon;
(d) a person authorised under the Regulations to be
in possession of a dangerous drug;
(e) a person who is acting for and under the
supervision of a person mentioned in paragraph
(a), (b), (c) or (d).
Possession
of and
trafficking in
dangerous
drugs.
[27 of 1994
44 of 2000
11 of 2014].
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(3) A person who cultivates, gathers or produces any
marijuana, except where he does so under a licence granted under
section 4 or where he is acting under the supervision of a person
having such a licence, commits an offence and is liable—
(a) upon summary conviction to a fine of fifty
thousand dollars and to imprisonment for ten
years; or
(b) upon conviction on indictment to a fine of one
hundred thousand dollars or where there is
evidence of the street value of the marijuana, ten
times the street value of the marijuana,
whichever is greater or to imprisonment for
twenty-five years to life.
(3A) A person who cultivates, gathers or produces any
opium poppy, or coca plant, except where he does so under a
licence granted under section 4 or where he is acting under the
supervision of a person having such a licence, commits an
offence and is liable upon conviction on indictment to a fine of
two hundred thousand dollars or, where there is evidence of the
street value of the dangerous drug, fifteen times the street value
of the dangerous drug, whichever is greater, and to imprisonment
for a term of twenty-five years to life.
(4) A person who trafficks in any dangerous drug or in
any substance represented or held out by him to be a dangerous
drug or who has in his possession any dangerous drug for the
purpose of trafficking is guilty of an offence.
(5) Subject to subsection (7), a person who commits the
offence of trafficking in a dangerous drug or of being in
possession of a dangerous drug for the purpose of trafficking is
liable upon conviction on indictment to a fine of one hundred
thousand dollars or, where there is evidence of the street value of
the dangerous drug, three times the street value of the dangerous
drug, whichever is greater, and to imprisonment for a term of
twenty-five years to life.
(6) A person who commits the offence of trafficking in a
substance other than a dangerous drug, which he represents or holds
out to be a dangerous drug is liable upon conviction on indictment
to a fine of one hundred thousand dollars or, where there is evidence
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of the street value of the dangerous drug, three times the street
value of the dangerous drug, whichever is greater, and to
imprisonment for a term of twenty-five years to life.
(7) A person other than a person referred to in
subsection (2) found in possession of a dangerous drug or a
substance other than a dangerous drug which he represents or holds
out to be a dangerous drug, on any school premises or within five
hundred metres thereof is deemed to have the dangerous drug or
substance for the purpose of trafficking, unless the contrary is
proved, the burden of proof being on the accused, and such person
commits an offence and is liable upon conviction on indictment to
a fine of one hundred and fifty thousand dollars or, where there is
evidence of the street value of the dangerous drug, three times the
street value of the dangerous drug, whichever is greater, and to
imprisonment for a term of thirty-five years to life.
(7A) Notwithstanding subsections (3A), (5), (6) and (7),
where a person is charged for a drug trafficking offence under
this Act, the Director of Public Prosecutions may, at the
preliminary enquiry, elect to proceed with the matter summarily
and if the accused so consents, the Court may adjourn the matter
to be dealt with accordingly.
(7B) A person who pleads guilty to, or is found guilty of
an offence tried pursuant to subsection (7A) is liable to a fine of
fifty thousand dollars or, where there is evidence of the street
value of the dangerous drug, three times the street value of the
dangerous drug, whichever is greater, and to imprisonment for a
term of ten years.
(8) In subsection (7) “school premises” means the
premises of a school, college, university or other educational
institution and includes buildings, playing fields or other
premises established, maintained or used by such institutions for
the benefit of its students whether or not such buildings, playing
fields or other premises are within the curtilage of the institution.
(9) A person, other than a person referred to in
subsection (2), found in possession of more than—
(a) twenty grammes of diacetylmorphine (heroin);
(b) ten grammes of cocaine;
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(c) five hundred grammes of opium;
(d) thirty grammes of morphine; or
(e) one kilogramme of cannabis or cannabis resin,
is deemed to have the dangerous drug for the purpose of
trafficking unless the contrary is proved, the burden of proof
being on the accused.
(10) Upon the trial of a person who is charged with an
offence under subsection (4), if the Court is not satisfied that such
person is guilty thereof but is satisfied that he is guilty of an
offence under subsection (1), the Court may find him guilty of
such latter offence.
6. (1) The Court before which a person is convicted under
section 5, may, before imposing a sentence, order the Psychiatric
Hospital Director to admit the person convicted to the psychiatric
hospital named in the Order.
(2) Subject to subsection (4)(b) a person who has been
admitted under subsection (1) shall not be kept in a hospital for
more than fourteen days.
(3) The Psychiatric Hospital Director shall, as soon as
practicable after admitting a person under subsection (1), make or
cause to be made such psychiatric examination as he considers
necessary for determining whether or not the person is in need of
psychiatric care and treatment, and shall, within fourteen days of
the date of admission submit a report in writing to the Court
relative to the condition of the person.
(4) On receipt of the report, the Court shall forthwith—
(a) rescind the Order made under subsection (1), if
the Psychiatric Hospital Director is satisfied that
the person named in the Order is not in need of
care and treatment; or
(b) make another Order authorising the Psychiatric
Hospital Director to admit the person named
therein to a hospital for such further care and
treatment as the Psychiatric Hospital Director may
consider necessary.
Court may order
admission to
psychiatric
hospital.
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(5) Where an Order is made under subsection (4)(b), the
Psychiatric Hospital Director shall, when he is satisfied that the
patient is no longer in need of care and treatment, report this fact
to the Court which shall forthwith rescind the Order.
(6) The Court shall, where it rescinds an Order under
subsection (4)(a) or subsection (5), deal with the person in such
manner as it deems necessary.
(7) In this section “Psychiatric Hospital Director”,
“psychiatric hospital” and “hospital” have the same meaning as
in the Mental Health Act.
PART IIA
OFFENCES RELATING TO PRECURSOR CHEMICALS
6A. A person who—
(a) manufactures or is in possession of a substance
referred to in the Fourth Schedule; or
(b) transports such a substance or supplies it to
another person,
knowing or having reasonable grounds to suspect that the
substance is to be used in or for the unlawful production of a
dangerous drug commits an offence and is liable upon conviction
on indictment to a fine of one hundred thousand dollars or, where
there is evidence of the street value of the dangerous drug, three
times the street value of the dangerous drug, whichever is greater,
and to imprisonment for a term which shall not be less than
twenty-five years.
6B. The Minister may, by Order, add substances to the Fourth
Schedule and may delete therefrom any substance, the inclusion
or exclusion of which is by him deemed necessary in the public
interest.
6C. (1) The Minister may make Regulations—
(a) for imposing requirements as to the
documentation of transactions involving
substances referred to in the Fourth Schedule;
Ch. 28:02.
Offence.
[27 of 1994
44 of 2000].
Fourth
Schedule.
Order.
[27 of 1994].
Fourth
Schedule.
Regulations.
[27 of 1994].
Fourth
Schedule.
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(b) requiring the keeping of records and the
furnishing of information with respect to such
substances;
(c) for the inspection of records kept pursuant to the
Regulations;
(d) for the labelling of consignments of scheduled
substances;
(e) for the transportation of such substances.
(2) Regulations made under subsection (1)(b) may require—
(a) the notification of the proposed exportation of
substances specified in the Fourth Schedule to
such countries as may be specified in the
Regulations; and
(b) the production, in such circumstances as may be
so specified, of evidence that the required
notification has been given.
(3) Regulations made under this section may make different
provision in relation to the substances specified in the Fourth
Schedule and in relation to different cases or circumstances.
(4) Any person who fails to comply with any
requirement imposed by the Regulations or, in purported
compliance with any such requirement, furnishes information
which he knows to be false in a material particular or recklessly
furnishes information which is false in a material particular is
guilty of an offence and is liable—
(a) on summary conviction to a fine of five thousand
dollars and to imprisonment for two years;
(b) on conviction on indictment to a fine of ten
thousand dollars and to imprisonment for not
less than two years and not more than five years.
(5) No information obtained pursuant to the Regulations
shall be disclosed except for the purposes of criminal
proceedings or of proceedings under the Dangerous Drugs Act,
relating to the confiscation of the proceeds of drug trafficking.
Fourth
Schedule.
Fourth
Schedule.
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6D. In this Part “Minister” means the Minister to whom
responsibility for national security is assigned.
PART III
SUPPLY OF DANGEROUS DRUGS BY PHARMACISTS
UNDER LICENCE AND APPOINTMENT OF
INSPECTORS AND ANALYSTS
7. (1) A person who has a licence under section 4 to deal in
any dangerous drug shall not supply it to any person except as
specifically provided in this Act.
(2) A person who has a licence under section 4 to deal in
any dangerous drug may, upon receiving a written order therefor
dated and signed by a person who has a licence under section 4
to deal in a dangerous drug, or by a pharmacist, medical
practitioner, dentist or veterinary surgeon, whose signature is
known to the person receiving the order, or if unknown, then
verified before the order is filled, supply a dangerous drug to
such person, or to a person authorised under the Regulations to
purchase or be in possession of a dangerous drug.
8. (1) Subject to the Regulations, no pharmacist shall
supply a dangerous drug to any person except upon receiving a
written order or prescription therefor dated and signed by a
medical practitioner, dentist or veterinary surgeon whose
signature is known to the pharmacist or, if unknown, then
verified before the prescription is filled.
(2) No pharmacist shall use an order or prescription to
supply a dangerous drug on more than one occasion unless the
prescription or order so directs and states the number of times it
may be refilled.
9. (1) Where the legal authority under which a person is in
possession of a dangerous drug under this Act is terminated or
revoked or where a person who is legally in possession of a
Interpretation.
[27 of 1994].
Licensed person
not to supply
dangerous
drugs.
Pharmacist not
to supply
dangerous
drugs.
Delivery of
dangerous drugs
to Minister.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
dangerous drug under this Act in connection with his business,
trade or calling ceases to engage in the business, trade or calling,
or dies—
(a) that person or any person acting for him or on
his behalf shall not give, sell, furnish, distribute
or otherwise deal in any such dangerous drug,
but the same shall forthwith be delivered by the
person in possession or in charge thereof to the
Minister; and
(b) any constable or other person authorised in that
behalf in writing by the Commissioner of Police
or by the Director of Medical Services may
enter the premises in which any such dangerous
drug is contained and seize and carry away the
same for delivery to the Minister.
(2) Where any dangerous drug is delivered to the
Minister pursuant to subsection (1), the Minister may authorise
the payment of compensation therefor in such amounts and on
such terms as he considers fit.
10. A person who contravenes section 7, 8 or 9 commits an
offence and is liable upon conviction on indictment to a fine of
one hundred thousand dollars or, where there is evidence of the
street value of the dangerous drug, three times the street value of
the dangerous drug, whichever is greater, and to imprisonment
for a term which shall not be less than twenty-five years.
11. (1) A medical practitioner who—
(a) prescribes, administers, gives, sells or furnishes
a dangerous drug to any person; or
(b) signs any prescription or order for a
dangerous drug,
is guilty of an offence unless the dangerous drug is required for
medicinal purposes or is prescribed for the medical treatment of a
person who is under professional treatment by a medical practitioner.
(2) A dentist or veterinary surgeon who—
(a) prescribes, administers, gives, sells or furnishes
any dangerous drug; or
Contravention
of section 7, 8
or 9—offence
and penalty.
[44 of 2000].
Unlawful for
physician to
prescribe, give
or sell drug
except for
medicinal
purposes.
[44 of 2000].
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(b) signs any prescription or order for a dangerous
drug,
otherwise than in accordance with the Regulations, is guilty of an
offence.
(3) A person who commits an offence under this section
is liable upon conviction on indictment to a fine of one hundred
thousand dollars or, where there is evidence of the street value of
the dangerous drug, three times the street value of the dangerous
drug, whichever is greater, and to imprisonment for a term which
shall not be less than twenty-five years.
12. (1) The Minister may, by Order, appoint any person to
be an inspector for the purposes of this Act.
(2) An inspector, accompanied by a police officer, may
at any reasonable time—
(a) enter any place where, on reasonable grounds,
he believes that any dangerous drug is
manufactured, prepared, packaged, or stored,
and examine any substance which he believes to
be a dangerous drug and take samples thereof;
(b) open and examine any receptacle or package
that, on reasonable grounds, he believes
contains any dangerous drug;
(c) examine any books, documents or other
records found in any place mentioned in
subparagraph (a) that, on reasonable grounds, he
believes contain or are likely to contain any
information with respect to a dangerous drug and
make copies thereof or take extracts therefrom;
(d) seize and detain for such time as may be necessary
any dangerous drug by means of or in relation to
which he reasonably believes any provision of this
Act or the Regulations has been violated.
(3) The person in charge of a place entered by an inspector
and a police officer pursuant to subsection (2), and any person
found therein, shall give all reasonable assistance within his power
Inspectors.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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to the inspector and furnish the inspector with such information
as he may reasonably require.
(4) Any person who—
(a) fails to comply with any provision of
subsection (3);
(b) obstructs an inspector in the carrying out of his
duties under this Act; or
(c) knowingly makes a false or misleading
statement either orally or in writing to any
inspector engaged in carrying out his duties
under this Act,
is guilty of an offence and is liable upon summary conviction to
a fine of twenty-five thousand dollars and to imprisonment for
five years.
(5) In this section “person in charge of a place” includes
the owner, occupier, person in possession of such place or agent
of such person.
13. Any person who—
(a) neglects or refuses to keep any record required by
the Regulations and manufactures, imports or
exports a dangerous drug, or prescribes, furnishes,
sells or distributes a dangerous drug; or
(b) neglects or refuses to produce for inspection the
said record to the inspector or refuses to give
any information required by the inspector,
is guilty of an offence, and is liable, upon summary conviction,
to a fine of twenty-five thousand dollars and to imprisonment for
five years.
14. Where a person, during the course of his treatment, is
supplied by a medical practitioner with dangerous drugs or a
prescription therefor and is aware of that fact and fails to disclose
that he had already obtained from another medical practitioner such
dangerous drug or prescription, he is guilty of an offence and is
liable upon summary conviction to a fine of ten thousand dollars
and to imprisonment for six months.
Neglect or
refusal to keep
records.
Supply of
dangerous drugs
by two or more
medical
practitioners.
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15. (1) No person shall, without lawful authority or without
the written permission of the Minister or some person authorised
by the Minister in that behalf, import or, without lawful or
reasonable excuse, have in his possession any device, article or
apparatus designed, generally used or specifically altered for the
purpose of the illegal use of dangerous drugs.
(2) A person who contravenes subsection (1) is liable
upon summary conviction to a fine of ten thousand dollars and to
imprisonment for six months.
16. A person who, without lawful or reasonable excuse, is
found in any house, room or place where any dangerous drug is
being illegally used is guilty of an offence and is liable upon
summary conviction to a fine of ten thousand dollars and to
imprisonment for six months.
17. (1) Except as otherwise specifically provided, a person
who knowingly encloses a dangerous drug in or with any letter,
packet or other matter sent by post or courier, commits an offence
and is liable upon conviction on indictment to a fine of one
hundred thousand dollars or, where there is evidence of the street
value of the dangerous drug, three times the street value of the
dangerous drug, whichever is greater, and to imprisonment for a
term which shall not be less than twenty-five years.
(2) In any prosecution under this section an affidavit of
the postmaster or assistant postmaster in charge of any post office
at which any dangerous drug was mailed, or to or through which
it was sent by mail, is sufficient proof of the fact that such
dangerous drug was enclosed in or with any letter, packet, or
other mailable matter sent by post, or was put into, transmitted
through or received at such post office.
(3) Notwithstanding subsection (1), any wholesale
pharmacist may forward by ordinary post any preparation or
remedy that the Regulations permit to be sold without a
prescription by a pharmacist, and may forward by registered post
any dangerous drug.
Possession of
certain devices
and apparatus.
Unlawful use
of premises.
Enclosing drugs
in a letter, etc.
[44 of 2000].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
18. Where a person is convicted under this Act, other than
for an offence under section 14, and the conviction adjudges
imprisonment and the payment of a fine, the sentence shall direct
that in default of payment of the fine, the person so convicted
shall notwithstanding any other law, be imprisoned—
(a) for a period of nine months where the fine does
not exceed five thousand dollars;
(b) for a period of three years, where the fine
exceeds five thousand dollars but does not
exceed twenty-five thousand dollars; or
(c) for a period of fifteen years where the fine
exceeds twenty-five thousand dollars,
which period shall commence at the end of the term of
imprisonment imposed by the Court.
19. In any prosecution for an offence under section 5, it is
not necessary for the prosecution to establish that the accused
did not have a licence under section 4 or was not otherwise
authorised to do the act complained of; and if the accused pleads
or alleges that he had such licence or other authority, the proof
thereof lies upon him.
20. Where any person charged with an offence under
section 11 pleads or alleges that the dangerous drug in question was
required for medicinal purposes or was prescribed for the medical
treatment of a person under professional treatment by the accused,
or was required for medicinal purposes in connection with his
practice as a dentist or veterinary surgeon, as the case may be, the
burden of proof thereof lies upon the person so charged.
21. (1) Without limiting the generality of section 5(1) or (4),
any person who occupies, controls, or is in possession of any
building, room, vessel, vehicle, aircraft, enclosure or place in or
upon which a dangerous drug is found shall be deemed to be in
possession thereof unless he proves that the dangerous drug was
there without his knowledge and consent.
Liability for
imprisonment
for non-payment
of fine.
[44 of 2000].
Onus of proof
on charge of
offence under
section 5.
Burden of proof
on pleas of
medicinal
purposes or
medical
treatment.
Occupier, etc.,
deemed to be in
possession when
dangerous drugs
found on
premises.
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(2) Any person who occupies, controls, or is in
possession of any building, room, vessel, vehicle, aircraft,
enclosure or place in or upon which any device, apparatus or
article mentioned in section 15 is found shall be deemed to have
been in possession of such device, apparatus or article, unless he
proves that the device, apparatus or article was there without his
knowledge and consent or that he was lawfully entitled to the
possession thereof.
22. (1) Notwithstanding any other law, in any prosecution
or proceedings under or pursuant to this Act, a certificate as to
the analysis of a dangerous drug signed or purporting to be
signed by an analyst shall be received in evidence as prima
facie proof of the facts stated in the certificate and of the
authority of the person giving or making the same, without
any proof of appointment or signature.
(2) The Minister may designate duly qualified analysts
for the purposes of this Act.
23. (1) A police officer who has reasonable cause to suspect
that any dangerous drug is kept or concealed for any purpose
contrary to this Act in any store, shop, warehouse, outhouse,
garden, yard, vessel, aircraft, vehicle or other place, may, by day or
night, search any such place for the dangerous drug, and if
necessary, by force, bring it before a Magistrate; and if any device
or apparatus, designed or generally used or specifically altered for
the purpose of the illegal use of dangerous drugs, is there and then
found, it shall also be brought before the Magistrate.
(2) Where it is proved upon oath before any Magistrate
or Justice that there is reasonable cause to suspect that any
dangerous drug is kept or concealed in a dwelling house for any
purpose contrary to this Act, the Magistrate or Justice may grant
a warrant to search by day or night any such place for the
dangerous drug, and if the dangerous drug is found there, to bring
it before a Magistrate; and if any device, apparatus or other
article referred to in subsection (1) is there and then found, it
shall also be brought before the Magistrate.
Certificate of
analyst and
evidence of
facts stated in
certificate.
Search and
seizure.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
24. Notwithstanding any other written law, unless the Court
otherwise directs, any device, apparatus or article referred to in
section 23 and any dangerous drug seized under the provisions of
this Act or found shall, at the expiration of six months from such
seizure or finding be forfeited to the State and delivered to the
Minister to be disposed of as he may direct.
PART IV
SUMMARY CONVICTIONS
25. Any person who is summarily convicted of an indictable
offence committed under this Act is, notwithstanding section 100(5)
of the Summary Courts Act, liable to the penalty provided for the
summary conviction of the offence under this Act.
26. Any person who is convicted of conspiracy to commit an
offence under this Act is liable, notwithstanding anything
contained in any other written law, to the same penalty provided
for that offence under this Act.
27. Without prejudice to the provisions contained in the
Accessories and Abettors Act or sections 65 and 66 of the
Interpretation Act, any person who attempts, aids, abets, counsels
or procures the commission of an offence under this Act is guilty
of an offence under this Act and is liable on conviction to the
same penalty under this Act as the principal offender.
28. (1) The Magistrate shall bring to the notice of the
accused the provision of subsection (2) before the accused elects
for a summary trial under this Act.
(2) Where on the summary trial of an offence
committed under this Act and triable either summarily or on
indictment a person who is not less than eighteen years of
age is convicted of the offence, then, if on obtaining
information that his character and antecedents are such that
in the opinion of the Magistrate greater punishment should
be inflicted for the offence than the Magistrate has power to
inflict, the Magistrate may commit that person in custody to
the High Court for sentence and shall, as soon as
Forfeiture of
seized items.
Punishment of
person
summarily
convicted of
indictable
offence.
Ch. 4:20.
Penalty for
conspiracy.
Accessories,
etc., liable to
same penalty as
principal
offender.
Ch. 10:02.
Ch. 3:01.
Committal to
the High Court
for sentence.
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practicable, transmit to the Registrar of the High Court the
record of the proceedings.
(3) On receipt of the record, the Registrar shall issue an
order to the Commissioner of Prisons to bring the convicted
person before a Judge of the High Court at a time to be fixed by
the Judge.
(4) The Judge shall enquire into the circumstances of the
case and shall have power to deal with the convicted person as if
he had just been convicted of the offence on indictment before
the High Court.
29. Where an offence under this Act committed by a body
corporate is proved to have been committed with the consent or
connivance of or to be attributable to any wilful neglect on the
part of any director, manager, secretary or other similar officer of
the body corporate, or any person purporting to act in any such
capacity, he as well as the body corporate is guilty of that offence
and is liable to be proceeded against accordingly.
PART IVA
BURDEN OF PROOF AND PRESUMPTIONS
29A. It shall not be necessary in any proceedings against any
person for an offence against this Act to negative by evidence any
licence, authorisation, authority, or other matter of exception or
defence, and the burden of proving any such matter shall be on
the person seeking to avail himself thereof.
29B. In all proceedings under this Act or any Regulations
made thereunder—
(a) premises shall be deemed to be used for a
purpose even if they are used for that purpose on
one occasion only;
(b) a person, until the contrary is proven, shall be
deemed to be the occupier of premises, if he has,
or appears to have, the care, control or
management of such premises;
Offence by
body corporate.
Burden of proof.
[44 of 2000].
Presumptions.
[44 of 2000].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(c) if a dangerous drug or device, article or
apparatus designed or generally used for the
administration or consumption of a dangerous
drug, is found in any premises, those premises
shall be presumed, until the contrary is proven,
to be used for the purpose of the administration
of a dangerous drug to, or consumption of a
dangerous drug by a person and the occupier
shall be presumed to permit such premises to be
used for such purpose;
(d) a person who is found to have had in his custody
or under his control anything containing a
dangerous drug shall, until the contrary is proven,
be deemed to have been in possession of such
drug and shall, until the contrary is proven, be
deemed to have known the nature of such drug;
(e) a person who is found to have had in his
possession or under his control or subject to his
order, any document of title relating to a
dangerous drug shall, until the contrary is proven,
be deemed to have known the nature of such drug;
(f) if a dangerous drug is found to be concealed in
a ship or aircraft it shall be presumed, until the
contrary is proven, that the said drug is so
concealed with the knowledge of the master of
the ship or aircraft and has been imported or is
to be exported in such ship or aircraft;
(g) if a dangerous drug is found to be concealed in
any premises, it shall be presumed, until the
contrary is proven, that the said drug is so
concealed with the knowledge of the occupier of
the premises;
(h) if a dangerous drug is found to be concealed in
any compartment, in any vehicle, it shall, until
the contrary is proven, be deemed to have been
so concealed with the knowledge of the owner
of the vehicle and of the person in charge of the
vehicle at the time the drug is found;
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* See Note on Act No. 55 of 2000 on page 2.
(i) evidence by a police officer above the rank of
Sergeant or by a senior Customs Officer that any
device, article or apparatus is for use in the
consumption of a dangerous drug, or in the
preparation of a dangerous drug for
consumption, shall until the contrary is proven,
be deemed to be sufficient evidence of that fact,
and for the purposes of this paragraph
“consumption” means eating, chewing,
smoking, swallowing, drinking, inhaling or
introducing a dangerous drug into the body in
any manner or by any means whatsoever;
(j) when any substance suspected of being a
dangerous drug has been seized and such
substance is contained in a number of packages,
it shall be sufficient to analyse samples of the
contents of a number not less than ten per cent
of such packages and if such analysis
establishes that such samples are all of the same
nature and description, it shall be presumed,
until the contrary is proved, that the contents of
all the packages were of the same nature and
description as the samples so analysed and if
such analysis establishes that such samples
consist of or contain a dangerous drug, it shall
be presumed, until the contrary is proved, that
the contents of all the packages consist of or
contain the same proportion of such drug.
PART V
CONFISCATION OF PROCEEDS OF
DRUG TRAFFICKING
*Sections 30 to 35D repealed by Act No. 55 of 2000.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
* See Note on Act No. 55 of 2000 on page 2.
PART VI
RESTRAINT ORDERS
*Sections 36 to 47 repealed by Act No. 55 of 2000.
PART VII
INVESTIGATIONS INTO DRUG TRAFFICKING
*Sections 48 to 52 repealed by Act No. 55 of 2000.
PART VIII
FORFEITURE ORDERS
*Section 53 repealed by Act No. 55 of 2000.
PART VIIIA
OFFENCES ON THE HIGH SEAS
53A. (1) In this Part—
“archipelagic waters” has the meaning assigned to it in section 1
of the Archipelagic Waters and Exclusive Economic
Zone Act;
“ship” includes every description of vessel used in navigation;
“Trinidad and Tobago ship” means a ship registered in Trinidad
and Tobago.
(2) Anything which would constitute a drug trafficking
offence if done on land in any part of Trinidad and Tobago shall
constitute that offence if done on a Trinidad and Tobago ship.
53B. (1) This section applies to a Trinidad and Tobago ship,
a ship registered in any other State and a ship not registered in
any country or territory.
(2) A person commits an offence if on a ship to which
this section applies, wherever it may be, he—
(a) has a dangerous drug in his possession; or
Offences on
Trinidad and
Tobago ships.
[27 of 1994
44 of 2000].
Ch. 51:06.
Ships used for
illicit trading.
[44 of 2000].
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(b) is in any way, knowingly concerned in the
carrying or concealing of a dangerous drug on
the ship,
knowing or having reasonable grounds to suspect that the drug is
intended to be imported or has been exported contrary to section 5
of the Act or the law of any State other than Trinidad and Tobago.
(3) A certificate purporting to be issued by or on behalf
of the government of any State to the effect that the importation
or exportation of a dangerous drug is prohibited by the law of that
State shall be evidence of the matters stated.
(4) A person found guilty of an offence under this
section is liable upon conviction on indictment to a fine of one
hundred thousand dollars or, where there is evidence of the street
value of the dangerous drug, three times the street value of the
dangerous drugs, whichever is greater and to imprisonment for a
term which shall not be less than twenty-five years.
53C. (1) The powers conferred on an enforcement officer by
the Fifth Schedule shall be exercisable in relation to any ship to
which section 53A or 53B applies for the purpose of detecting
and the taking of appropriate action in respect of the offences
mentioned in those sections.
(2) The powers referred to in subsection (1) shall not be
exercised outside the landward limits of the archipelagic waters
of Trinidad and Tobago in relation to a ship registered in a
Convention State except with the authority of the Minister to
whom responsibility for Foreign Affairs is assigned (hereinafter
in this Part referred to as “the Minister”), and he shall not give his
authority unless that State has in relation to that ship—
(a) requested the assistance of Trinidad and Tobago
for the purpose mentioned in subsection (1); or
(b) authorised Trinidad and Tobago to act for that
purpose.
(3) In giving his authority pursuant to a request or
authorisation from a Convention State the Minister shall impose
Enforcement
powers.
[27 of 1994
44 of 2000].
Fifth Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Fifth Schedule.
Fifth Schedule.
Fifth Schedule.
Jurisdiction and
prosecution.
[27 of 1994].
Fifth Schedule.
Offences and
penalties.
[44 of 2000].
such conditions or limitations on the exercise of the powers as
may be necessary to give effect to any conditions or limitations
imposed by that State.
(4) The Minister may, either of his own motion or in
response to a request from a Convention State, authorise a
Convention State to exercise, in relation to a Trinidad and Tobago
ship, powers corresponding to those conferred on enforcement
officers by the Fifth Schedule but subject to such conditions or
limitations, if any, as he may impose.
(5) Subsection (4) is without prejudice to any
agreement made, or which may be made, on behalf of Trinidad
and Tobago whereby Trinidad and Tobago undertakes not to
object to the exercise by any other State in relation to a
Trinidad and Tobago ship of powers corresponding to those
conferred by the Fifth Schedule.
(6) The powers conferred by the Fifth Schedule shall not
be exercised in the territorial sea of any State other than Trinidad
and Tobago without the authority of the Minister and he shall not
give his authority unless that State has consented to the exercise
of those powers.
53D. (1) Proceedings under this Part of this Act or the Fifth
Schedule in respect of an offence on a ship may be taken, and the
offence may for all incidental purposes be treated as having been
committed, in any place in Trinidad and Tobago.
(2) No such proceedings shall be instituted in Trinidad
and Tobago except by or with the consent of the Director of
Public Prosecutions.
(3) Without prejudice to subsection (2), no proceedings
for an offence under section 53B alleged to have been committed
outside the landward limits of the territorial sea of Trinidad and
Tobago on a ship registered in a Convention State shall be
instituted except in pursuance of the exercise, with the authority
of the Minister, of the powers conferred by the Fifth Schedule.
53E. (1) Notwithstanding any sentence of imprisonment
prescribed under this Act, the Court may, on the application of the
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Protection of
informants.
Destruction of
drug exhibits.
[44 of 2000].
Director of Public Prosecutions, impose a lesser sentence upon a
defendant who at any time prior to conviction, co-operates in the
investigation or prosecution of a drug trafficking offence.
(2) Where a company commits an offence under this
Act, any officer, director or agent of the company who directed,
authorised, assented to, acquiesced in or participated in the
commission of the offence is a party to, and commits the offence,
and is liable on conviction to the punishment provided for the
offence, whether or not the company has been prosecuted or
convicted.
PART IX
MISCELLANEOUS
54. (1) No witness in any proceedings under this Act shall
be obliged—
(a) to disclose the name and address of any
informer who has given information with
respect to an offence under this Act, or with
respect to any matter relating to or leading to
any proceedings under this Act; or
(b) to answer any question if the answer thereto
would lead, or would tend to lead, to the discovery
of the name or address of such informer.
(2) Where any book, document or paper which is in
evidence or liable to inspection in any proceedings under this Act
contains an entry in which any informer is named or described or
which might lead to his discovery, the Court shall cause all such
entries to be concealed from view or to be obliterated so far as
may be necessary to protect the informer from discovery.
54A. (1) Where, under this Act, a person has been charged with
an offence and a substance which is believed to be a dangerous
drug has been seized as evidence of the offence—
(a) if photographic or video evidence exists which
illustrates the nature, quantity, size, packaging and
location of the drug; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Notice or order
not to be invalid
for error in
description.
Power of police
officer under
other written
laws.
Lesser penalty
for younger
offender.
[44 of 2000].
(b) the defendant fails to show reasonable cause
why the substance should not be destroyed,
the Court may order the destruction of the substance before the
completion of legal proceedings against the defendant.
(2) An application under subsection (1) for the
destruction of the substance shall be made by the Director of
Public Prosecutions to the Court after—
(a) the scientific analysis of the substance has been
completed; and
(b) the defendant has been given seven days notice
of the intention to make an application under
this section.
55. (1) No notice, notification or other process, issued,
served or published, and no order, decision or judgment made,
given, issued, served or published, under this Act shall be deemed
to be invalid by reason of any error or omission in the description
of the property or person mentioned therein if such property or
person is identifiable from the description so mentioned.
(2) Without prejudice to subsection (1), where any order
has been made, or a decision or judgment given, by any Court in
any proceedings under this Act, any error or omission in the
order, decision or judgment relating to the description of any
property or person may at any time be rectified by the Court on
its own motion or on the application of any party or any person
affected by the order, decision or judgment.
56. The provisions of this Act in so far as they relate to
powers shall be in addition to the powers of a police officer under
any other written law relating to criminal procedure and not in
derogation thereof, but in the event of inconsistency or conflict
between the provisions of this Act and those of such other written
law, the provisions of this Act shall prevail.
56A. Where a person under the age of twenty-one years appears
before a Court and is found guilty of an offence under this Act, the
34 Chap. 11:25 Dangerous Drugs
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Regulations.
Judge or Magistrate may impose a lesser penalty on such a person
than that specified for the offence in this Act.
57. (1) The Minister may make Regulations for carrying out
the purposes and provisions of this Act and, without limiting the
generality of the foregoing, may make Regulations—
(a) with respect to the issue and duration and the
terms and forms of the several licences that may
be issued under section 4 and to the payment of
fees for them;
(b) for the use, purchase, sale or possession of
any dangerous drugs for medicinal or
scientific purposes;
(c) for the revocation of licences;
(d) prescribing the form of prescription and specifying
the dangerous drugs that may be sold by a
pharmacist on the oral prescription of a medical
practitioner, dentist or veterinary surgeon;
(e) for the prescription, ordering, administration,
sale, or furnishing of a dangerous drug by a
dentist or a veterinary surgeon;
(f) for the exemption from any of the provisions of
this Act of preparations containing dangerous
drugs when suitably medicated with drugs other
than dangerous drugs and the conditions under
which such exempted preparations may be sold;
(g) requiring medical practitioners, dentists, veterinary
surgeons, pharmacists and other persons who deal
in dangerous drugs as authorised by this Act to
keep records and make returns;
(h) prescribing that any contravention of specified
Regulations shall constitute an offence; and
(i) prescribing anything required to be prescribed
under this Act.
(2) The Minister to whom responsibility for the
administration of Finance is assigned may make Regulations for
the seizure of any article or thing which is liable to forfeiture
under this Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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*See Note on section 60 of the Act on page 2.
Penalties under
Regulations.
Additions to
First and
Second
Schedules.
Annual report.
[27 of 1994].
Joint
Parliamentary
Committee.
[ 27 of 1994].
Repeal and
savings
Ordinance.
[27 of 1961
37 of 1985].
Section 68
of the
Interpretation
Act, Ch. 3:01
not applicable.
[44 of 2000].
58. A person who fails to carry out or observe the provisions
of any regulation the contravention of which is stated in the
Regulations to constitute an offence is liable on summary
conviction to a fine of two thousand dollars and to imprisonment
for six months.
59. The Minister may by Order add substances to the First
and Second Schedules and may from time to time delete
therefrom any dangerous drug, the inclusion or exclusion of
which is by him deemed necessary in the public interest.
59A. The Minister shall cause to be laid in both Houses of
Parliament, annually, a report on the Administration of this Act.
59B. (1) There shall be established for purposes of this Act, a
Joint Parliamentary Committee of Parliament to be known as
“The Joint Parliamentary Committee on Dangerous Drugs”.
(2) The Joint Parliamentary Committee on Dangerous
Drugs shall be responsible for monitoring the operations of this
Act and the review of the report referred to in section 59A.
*60. (1) The following written laws are repealed:
(a) the Narcotic Control Ordinance; and
(b) the Narcotic Drugs and Psychotropic
Substances Control Act.
(2) Notwithstanding the repeal of the Ordinance and
the Act referred to in subsection (1) anything done or any
action taken under the Ordinance or the Act, shall be deemed
to have been done or taken under the corresponding
provisions of this Act.
61. The provisions of section 68(2) and (3) of the
Interpretation Act shall apply only to the penalties prescribed for
possession of dangerous drugs under this Act.
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Section 3.FIRST SCHEDULE
LIST OF NARCOTIC DRUGS
1. Opium Poppy (Papaver somniferum) its preparations, derivatives,
alkaloids and salts, as for example:
(1) Opium
(2) Codeine (3- methylmorphine)
(3) Morphine
(4) Narcotine
(5) Papaverine
(6) Thebaine, and their preparations, derivatives and salts, as
for example
(7) Actorphine [3–0–acctyltotrahydro–7–(1–hydroxy–1–
methylbutyl)–6,14–endoetheno-oripavine]
(8) Acetyldihydrocodeine
(9) Benzylmorphine (3–benzylmorphine)
(10) Codoxime (dihydro codcinone–6–carboxymethyloxime)
(11) Desomorphine (dihydrodcoxymorphine)
(12) Dihydrocodeine
(13) Dihydromorphine
(14) Ethylmorphine (3–ethylmorphine)
(15) Etorphine [tetrahydro–7 –( 1–hydroxy–1– methylbutyl)–6,
14–endoetheno-oripavine]
(16) Heroin
(17) Hydrocodone (dihydrocodeinone)
(18) Hydromorphone (dihydromorphinone)
(19) Hydromorphinol (14–hydroxydihydromorphine)
(20) Methyldesorphine (6–methyl–delta–6–deoxymorphine)
(21) Methyldihydromorphine (6–methyldihydromorphine)
(22) Metopon (5–methyldihydromorphinone)
(23) Morphine Methobromido and other pentavalent nitrogen
morphine derivatives, including in particular the morphine-N-
oxide derivatives, one of which is Codeine-N-Oxide
(24) Morphine-N-Oxide
(25) Myrophine (myristylbenzylmorphine)
(26) Nalorphine (N-allylnormorphine)
(27) Nicocodine (6–nicotinylcodeine)
(28) Nicodicodine (6–nicotinyldihydrocodeine)
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(29) Nicomorphine (3, 6–dinicotinylmorphine)
(30) Norcodeine (N-demethylcodeine)
(31) Norinophine (demethylmorphine) or (N-demethylated
morphine)
(32) Oxycodone (14–hydroxydihydrocodeinone)
(33) Oxymorophone (14–hydroxydihydromorphinone)
(34) Pholcodine (morpholinylethylmorphine)
(35) Thebacon (acetyldihydrocodeinone) but not including
(36) Apomorphine, and
(37) Poppy seed.
2. A. Coca (Erythroxylon), its preparations, derivatives, alkaloids and
salts, as for example:
(1) Coca leaf
(2) Cocaine (methyl ester of benzoyleogonine)
(3) Ecgonine, its esters and derivatives which are convertible to
ecgonine and cocaine.
B. Synthetic cocaine.
3. Cannabis, Cannabis sativa, Cannabis sativa L, their preparations,
derivatives and similar synthetic preparations, as for example:
(1) Cannabis resin
(2) Cannabis (marihuana)
(3) Cannabinol (3–n-amyl-6, 6, 9-trimethyl–6–dibenzopyran-
l-ol).
4. Phenylpiperidines, their preparations, derivatives and salts, as for
example:
(1) Alfentanil (N- (1–(2–(4-ethyl–4, 5–dihydro–5–oxo–1 H-
tetrazol-l-ylethyl)–4–(methoxymethyl)–4–piperidinyl)-
N-phenylpropanamide monohydrochloride
(2) Allylprodine (3–allyl-1-methyl–4–phenyl–4–
propionoxypiperidine)
(3) Alphameprodine (alpha–3 ethyl-1-methyl–4–phenyl–4–
propionoxypiperidine)
(4) Alphaprodine (alpha–l, 3–dimethyl–4–phelyl–4–
propionoxypiperidine)
(5) Anileridine (l-para-aminophenethyl–4–phenylpiperidine–4–
carboxylic acid ethyl ester)
(6) Anopridine (ethyl 1–(3–(phenylamino propyl)–4–
phenylpiperidine–4–carboxylate)
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(7) Benzethidine (l–(2–benzyloxyethyl)–4–phenylpiperidine–4–
carboxylic acid ethyl ester)
(8) Betameprodine (beta–3–ethyl–1–Methyl–4–phenyl–4–
propionoxypiperidine
(9) Betaprodine (beta–l, 3–dimethyl–4–phenyl–4–
propionoxypiperidine)
(10) Bezitramido (1–(3–cyano–3, 3–diphenylpropyl)–4–
(2–oxo–3–propionyl–1–benzimidazolinyl)-piperidine)
(11) Diphenoxylate (1–(3–cyano–3, 3–diphenylpropyl)–4–
phenylpiperidine–4–carboxylic acid ethyl ester)
(12) Etoxeridine (1–(2–(2–hydroxyethoxy)-ethyl)–4–
phenylpiperidine–4–carboxylic acid ethyl ester)
(13) Fentanyl (1–phenethyl–4–N–propionylanilinopiperidine)
(14) Furethidine (1–(2–tetrahydrofurfuryloxyethyl)–4–
phenylpiperidine–4– carboxylic acid ethyl ester)
(15) Hydroxypethidine(4–meta-hydroxyphenyl–1–
methylpiperidine–4–carboxylic acid ethyl ester)
(16) Ketobemidone (4–meta-hydroxyphenyl–l–methyl–4–
propionylpiperidine)
(17) Morpheridine(1–(2–morpholinoethyl)–4–
phenylpiperidine–4–carboxylic acid ethyl ester)
(18) Pethidine (l–methyl–4–phenylpiperidine–4–carboxylic acid
ethyl ester)
(19) Pethidine-Intermediate-A (4–cyano–1–methyl–4–
phenylpiperidine)
(20) Pethidine-Intermediate–B(4–phenylpiperidine–4–carboxylic
acid ethyl ester)
(21) Pethidine-Intermediate-C-
(1–methyl–4–phenylpiperidine–4– carboxylic acid)
(22) Phenampromide (N- ( l–methyl–2–piperidinoethyl)-
propionanilide)
(23) Phonoperidine (l–(3–hydroxy–3–phenylpropyl)–4–
phenylpiperidine–4–carboxylic acid ethyl ester)
(24) Piminodine (4–phenyl–1–(3–phenylaminopropyl)–
piperidine–4–carboxylic acid ethyl ester)
(25) Piritramide (1–(3-cyano–3, 3– diphenylpropyl)–4–(l–
piperidine)-piperidine–4–carboxylic acid amide)
(26) Properidine (l–methyl–4–phenylpiperidine–4–carboxylic
acid isopropyl ester)
(27) Propiram (N-(l–methyl–2–piperidinoethyl)–N–2–
pyridylpropionamide)
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(28) Sufentanil (N–(4–(methoxymethyl)–1–(2–thienyl)–4–
piperidyl)-propionanilide)
(29) Trimeperidine (1, 2, 5–trimethyl–4–phenyl–4–
propionoxypiperidine).
5. Phenazepines, their preparations, derivatives and salts, as for
example:
(1) Proheptazine (hexahydro–l, 3–dimethyl–4–phenyl–4–
azepinyl propionate), but not including:
(2) Ethoheptazine (ethyl hexahydro-l-methyl-4-phenyl-4–
azepinecarboxylate).
6. Amidones, their preparations, derivatives and salts, as for
example:
(1) Dipipanone (4–4–diphenyl–6–piperidine–3–heptanone)
(2) Isomethadone (6–dimethylamino–5–methyl–4–diphenyl–3–
hexanone)
(3) Methadone (6–dimethylamino–4, 4–diphenyl–3–heptanone)
(4) Methadone-Intermediate (4–cyano–2–dimethylamino–4,
diphenylbutane)
(5) Normethadone (6–dimethylamino–4, 4–diphenyl–3–hexanone)
(6) Phenadoxone (6–morpholino–4, 4–diphenyl–3–heptanone).
7. Methadols, their preparations, derivatives and salts, as for example:
(1) Acetylmethadol (3–acetoxy–6–dimethylamino–4, 4–
dephenylheptane)
(2) Alphacetylmethadol (alpha–3 acetoxy–6–dimethylamino–4,
4–diphenylheptane)
(3) Alphamethadol (alpha–6–dimethylamino–4, 4–diphenyl–3–
heptanol)
(4) Betacetylmethadol (beta–3–acetoxy–6–dimethylamino–4,
4–diphenylheptane)
(5) Betamethadol (beta–6–dimethylamino–4,
4–diphenyl–3–heptanol)
(6) Dimepheptanol (6–dimethylamino–4,
4–diphenyl–3–heptanol)
(7) Noracymethadol ((±)-alpha–3–acetoxy–6–methylamino–4,
4–diphenylheptane).
8. Phenalkoxams, their preparations, derivatives and salts, as for
example:
(1) Dextropropoxyphene (x–(+)–4–dimethylamino–l,
2–diphenyl–3–methyl–2–butanol propionate)
40 Chap. 11:25 Dangerous Drugs
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L.R.O.
(2) Dimenoxadol (2-dimethylaminoethyl–1–ethoxy–1,
l–diphenylacetate)
(3) Dioxaphetyl butyrate (ethyl–4–morpholino–2,
2–diphenylbutyrate).
9. Thiambutenes, their preparations, derivatives and salts, as for
example:
(1) Diethylthiambutene (3–diethylamino–1,
l–di–(2’–thienyl)–1–butene)
(2) Dimethylthiambutene (3–dimethylamino–1, l–di–
(2’–thienyl)-l-butene)
(3) Ethylmethylthiambutene (3–ethylmethylamino–1,
l–di–(2’–thienyl)–l–butene).
10. Moramides, their preparations, derivatives and salts, as for example:
(1) Dextromoramide ((+)–4–[2-methyl–4–oxo–3,
3–diphenyl–4–(l–pyrrolidinyl)–butyl]–morpholine)
(2) Levomoramide ((—)–4–[2–methyl–4–oxo–3,
3–diphenyl–4–(l–pyrrolidinyl)–butyl]–morpholine)
(3) Racemoramide ((±)–4–[2–methyl–4–oxo–3, 3–diphenyl–4–
(1–pyrrolidinyl)–butyl]-morpholine).
11. Morphinans, their preparations, derivatives and salts, as for example:
(1) Drotebanol (3, 4–dimethoxy–17–methylmorphinan–6B,
14–diol)
(2) Levomethorphan [(—)–3–methoxy-N-methylmorphinan]
(3) Levorphanol [(—)–3–hydroxy-N-methylmorphinan]
(4) Norlevorphanol [(—)–3–hydroxymorphinan]
(5) Phenomorphan (3–hydroxy-N-phenethylmorphinan)
(6) Racemethorphan [( ± )–3–methoxy-N-methylmorphinan]
(7) Racemorphan [(±)–3–hydroxy-N-methylmorphinan], but
not including:
(8) Dextromethorphan (d–1, 2, 3, 9, 10, l0a-hexahydro–6–
methoxy–11–methyl–4h–10, 4a–iminoethanophenanthrene)
(9) Dextrorphan (D–1, 2, 3, 9, 10, 10A-hexahydro–11–
methyl–4H–10, 4A-iminoethanophenanthren–6–ol), and
(10) Levallorphan (1–11–ally1–1, 2, 3, 9,10,10A–hexahydro-
4H–10, 4A–iminoethanophenantren–6–ol).
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12. Benzazocines, their preparations, derivatives and salts as for
example:
(1) Phenazocine (2’–hydroxy–5, 9–dimethyl–2–phenethyl–6,
7–benzomorphan)
(2) Metazocine (2’–hydroxy–2, 5, 9-trimethyl–6, 7–
benzomorphan).
13. Other chemical compounds:
(1) Clonitazene (2–para–chlorbenzyl–1–diethylaminoethyl
–5–nitrobenzimidazole)
(2) Diampromide (N–[2–methylphenethylamino)–propyl]–
propionanilide)
(3) Difenoxin (1–(3–cyano–3, 3–diphenylpropyl)–4–
phenylisonipecotic acid)
(4) Etonitazene (l–diethylaminoethyl–2–para-ethoxybenzyl–5–
nitrobenzimidazole)
(5) Tilidine ((±)–ethyl-trans–2–(dimethylamino)–1–phenyl–3–
cyclohexene–1–carboxylate).
The isomers unless specifically excepted, of the drugs in this Schedule
whenever the existence of such isomers is possible within the specific
chemical designation.
The esters and ethers, unless appearing in another Schedule, of the drugs
in this Schedule whenever the existence of such esters or ethers is possible.
The salts of the drugs listed in this Schedule, including the salts of esters,
ethers and isomers as provided above whenever the existence of such salts
is possible.
42 Chap. 11:25 Dangerous Drugs
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Dangerous Drugs Chap. 11:25 43
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L.R.O.
Section 3.
[173/1995].
Chemical nameOther non-proprietary or trival names
International
non-proprietary name
(INN)*
DET
DMHP
DMT
LSD, LSD–25
mescaline
paranexyl
PCE
PHP, PCPY
psilocine,
psilotsin
STP, DOM
TCP
THC
(+)–LYSERGIDE
ETICYCLIDINE
ETRYPTAMINE
METHCATHINONE
ROLICYCLIDINE
PSILOCYBINE
TENOCYCLIDINE
N,N-Diethyltryptamine
3–(1, 2–Dimethyltheptyl)–l–
hydroxy–7, 8, 9, 10–
tetrahydro–6, 6, 9–
trimethyl–6H–dibenzo
(b, d) pyran
N,N-Dimethyltryptamine
(+)–N,N–Diethyllysergamide
(d-lysergic acid diethy-
lamide)
3, 4, 5–Trimethoxyphene-
thylamine
3–Hexyl–l–hydroxy–7, 8, 9,
10–tetrahydro–6, 6, 9–
trimethyl–6H–dibenzo
(b, d) pyran
N-Ethyl–l–phenylcyclo–
hexylamine
[3–(2–Aminobutyl) indole]
[2–(Methylamino)–1–
phenylpropan–1–one]
l–(l–Phenylcyclohexyl)
pyrrolidine
3–(2–Dimethylaminoethyl)
–4–hydroxyindole
3–(2–Dimethylaminoethyl)–
indol–4–yl dihydrogen
phosphate
2–Amino–1–(2, 5–dimethoxy–
4–methyl) phenylpropane
1–(1–(2–Thienyl) cyclohoxyl)
piperidine
Tetrahydrocannabinols, the
following isomers:
∆6A(10a), ∆6A(7), ∆7,
∆8, ∆9, ∆10, ∆9(11)
and their stereochemical variants.
SECOND SCHEDULE
PSYCHOTROPIC SUBSTANCES LISTED IN SCHEDULE I
OF THE CONVENTION ON PSYCHOTROPIC
SUBSTANCES, 1971, VIZ:
*The names printed in capitals in the left-hand column are the International
Non-proprietary Names (INN)
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THIRD SCHEDULE
[This Schedule, which contained amendments to the Interpretation Act,
(Ch. 3:01) and the Summary Courts Act, (Ch. 4:20), has been omitted].
FOURTH SCHEDULE
1. N. Acetylantranilic acid
2. Acetic anhydride
3. Acetone
4. Anthranilic acid
5. Benzone
6. Benzyl chloride
7. Benzyl cyanide
8. 2—Butanone (methyl ethyl ketone)
9. Ephedrine
10. Ergonovine
11. Ergotamine
12. Ethyl ether
13. Hydrochloric acid
14. Methylene chloride
15. 3, 4 Methylenedioxphenyl—2—propanone
16. Norpseudo ephedrine
17. Phenylacetone acid
18. Phenylacetone
19. Piperidine
20. Potassium permanganate
21. Pseudo ephedrine
22. Sulphuric acid
23. Toluene
24. 1—Phenyl—2—propanone
25. Phenylacetic acid and its salts
26. Phenylpropanolamine and its salts
27. Bromobenzyl cyanide
28. Lysergic acid
29. Erogometrine and its salts
30. Sodium sulphate
31. Potassium carbonate
32. Sodium carbonate
33. Isosafrol (cis+trans)
34. Piperonal
35. Safrole
36. Methylethyl ketone (MEK)
The salts of the substances are listed in this Schedule whenever the
existence of such salts is possible.
Section 6A.
27 of 1994.
44 Chap. 11:25 Dangerous Drugs
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Dangerous Drugs Chap. 11:25 45
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Section 53C.
27 of 1994.
[44 of 2000].
Definitions.
Ch. 78:01.
Power to stop,
board, divert
and detain.
Power to search
and obtain
information.
FIFTH SCHEDULE
ENFORCEMENT POWERS IN RESPECT OF SHIPS
1. (1) In this Schedule “an enforcement officer” means—
(a) a police officer;
(b) a member of the Coast Guard;
(c) an officer commissioned by the Comptroller of Customs and
Excise under the Customs Act; and
(d) any other person of a description specified in an Order made
for the purposes of this Schedule by the Minister to whom
responsibility for National Security is assigned.
(2) In this Schedule “the ship” means the ship in relation to which
the powers conferred by this Schedule are exercised.
2. (1) An enforcement officer may stop the ship, board it and, if he
thinks it necessary for the exercise of his functions, require it to be taken to a
port in Trinidad and Tobago and detain it there.
(2) Where an enforcement officer is exercising his powers with the
authority of the Minister given under section 53C(2) of this Act the officer may
require the ship to be taken to a port in the Convention State in question or, if that
State has so requested, in any other country or territory willing to receive it.
(3) For any of the purposes referred to in subclauses (1) and (2), an
enforcement officer may require the master or any member of the crew to take
such action as may be necessary.
(4) Where an enforcement officer detains a vessel he shall serve on
the Master a notice in writing stating that it is to be detained until the notice is
withdrawn by the service on him of a further notice in writing signed by an
enforcement officer.
3. (1) An enforcement officer may search the ship, anyone on it and
anything on it, including its cargo.
(2) An enforcement officer may require any person on the ship to
give information concerning himself or anything on the ship.
(3) Without prejudice to the generality of the powers referred to in
subclauses (1) and (2), an enforcement officer may—
(a) open any containers;
(b) make tests and take samples of anything on the ship;
(c) require the production of documents, books or records
relating to the ship or anything on it;
(d) make photographs or copies of anything whose production
he has power to require.
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Powers in
respect of
suspected
offence.
Assistants.
Use of
reasonable
force.
Evidence of
authority.
Protection of
officers.
Offences.
4. If an enforcement officer has reasonable grounds to suspect that an
offence mentioned in section 53A or 53B of this Act has been committed on a
ship to which that section applies he may—
(a) arrest without warrant anyone whom he has reasonable
grounds for suspecting to be guilty of the offence; and
(b) seize and detain anything found on the ship which appears to
him to be evidence of the offence.
5. (1) An enforcement officer may take with him, to assist him in
exercising his powers—
(a) any persons; and
(b) any equipment or materials.
(2) A person whom an enforcement officer takes with him to assist
him may perform any of the officer’s functions but only under the officer’s
supervision.
6. An enforcement officer may use reasonable force, if necessary, in the
performance of his functions.
7. An enforcement officer shall, if required, produce evidence of
authority.
8. An enforcement officer shall not be liable in any civil or criminal
proceedings for anything done in the performance of his functions under this
Schedule if the Court is satisfied that the act was done in good faith and that
there were reasonable grounds for doing it.
9. (1) A person is guilty of an offence if he—
(a) intentionally obstructs an enforcement officer in the
performance of any of his functions under this Schedule;
(b) fails without reasonable excuse to comply with a
requirement made by an enforcement officer in the
performance of those functions; or
(c) in purporting to give information required by an officer for
the performance of those functions—
(i) makes a statement which he knows to be false in a
material particular or recklessly makes a statement
which is false in a material particular; or
(ii) intentionally fails to disclose any material particular.
(2) A person guilty of an offence under this paragraph is liable on
summary conviction to a fine of five thousand dollars and to imprisonment for
two years.
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L.R.O.
SUBSIDIARY LEGISLATION
DANGEROUS DRUGS (APPOINTMENT OF
INSPECTORS) ORDER
made under section 12(1)
1. This Order may be cited as the Dangerous Drugs
(Appointment of Inspectors) Order.
2. In this Order “the Act” means the Dangerous Drugs Act.
3. The Minister, acting in accordance with section 12(1) of
the Act, appoints the following pharmacists of the Drugs
Inspectorate Division, Inspectors for the purposes of the Act:
Lynette John
Deana Boland-Callender
Yvette Sylvester
Ramnarace Seenath
Junia Walcott
Elizabeth Maughan
Kenrick Cumberbatch
Joan Charles
Brenda Charles
Andrea Grimes
Mary Churaman-Lewis
Ann Marie Walters
Jennifer Herbert
Ameena Ali
Roxanne Rampersad
143/2001.
[85/2005
144/2007
187/2009
27/2010
359/2012].
Citation.
Interpretation.
Appointment of
Inspectors.
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APPENDIX
This Appendix contains sections 30 to 53 of the Act
which were repealed by Act No. 55 of 2000;
but, notwithstanding the repeal of sections 30 to 53
of the Act these sections will continue to have effect
with respect to proceedings brought before the
6th November 2000 for a Drug Trafficking offence.
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Confiscation
orders.
PART V
CONFISCATION OF PROCEEDS OF
DRUG TRAFFICKING
30. (1) Where a person is convicted of a drug trafficking
offence by a Magistrate and where—
(a) it appears to the Magistrate that the person
convicted may have benefited from drug
trafficking and has or may have realisable
property; or
(b) it appears to the Director of Public Prosecutions
that the person convicted may have benefited
from drug trafficking and has or may have
realisable property, on application by the
Director of Public Prosecutions,
the Magistrate shall at the time of conviction commit such
person for sentence by a Judge of the High Court and shall remit
to the Judge his recommendations as to such sentence and the
reasons therefor.
(2) Where a person appears before the High Court
(hereinafter referred to as “the Court”) to be sentenced in respect
of a drug trafficking offence or where a person, after having been
committed to the Court for trial, is convicted of a drug trafficking
offence, the Court shall act as follows:
(a) the Court shall first determine whether he has
benefited from drug trafficking;
(b) if the Court determines that he has so benefited,
the Court shall, before sentencing or otherwise
dealing with him in respect of the offence,
determine in accordance with section 33 the
amount to be recovered by virtue of this section;
(c) the Court shall then in respect of the offence
concerned—
(i) order him to pay that amount;
(ii) take account of the order before—
(A) imposing any fine on him;
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Assessing the
proceeds of
drug trafficking.
(B) making any order involving any
payment by him; or
(C) making any order under section 53; and
(iii) subject to subparagraph (ii), leave the
order out of account in determining the
appropriate sentence or other manner of
dealing with the defendant.
(3) For the purposes of this Act, a person who has, at
any time, whether before or after the commencement of this
Act, received any payment or other reward in connection with
drug trafficking carried on by him or another has benefited from
drug trafficking.
(4) Notwithstanding any written law to the contrary
where an order is made against an offender under this section, the
Court may, in addition to the making of that order, deal with the
offender in any way it considers appropriate in respect of the drug
trafficking offence for which the order was made.
(5) In this Part and in Part VI and Part VII—
(a) “confiscation order” means an order made under
subsection (2);
(b) “defendant” means a person against whom
proceedings have been instituted for a drug
trafficking offence whether or not he has
been convicted.
31. (1) For the purposes of this Act—
(a) any payments or other rewards received by a
person at any time whether before or after the
commencement of this Act, in connection with
drug trafficking carried on by him or another are
his proceeds of drug trafficking; and
(b) the value of his proceeds of drug trafficking is
the aggregate of the values of the payments or
other rewards.
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L.R.O.
Statements
relating to drug
trafficking.
(2) The Court may, for the purposes of determining
whether the defendant has benefited from drug trafficking and,
if he has so benefited, of assessing the value of his proceeds
of drug trafficking, make the assumptions referred to in
subsection (3) except to the extent that any of the assumptions
are shown to be incorrect in the defendant’s case.
(3) The assumptions referred to in subsection (2)—
(a) that any property appearing to the Court—
(i) to have been held by him at any time since
his conviction; or
(ii) to have been transferred to him at any
time since the beginning of the period of
six years ending when the proceedings
were instituted against him,
was received by him, at the earliest time at
which he appears to the Court to have held it, as
a payment or reward in connection with drug
trafficking carried on by him;
(b) that any expenditure of his since the beginning
of that period of six years was met out of
payments received by him in connection with
drug trafficking carried on by him; and
(c) that, for the purpose of valuing any property
received or assumed to have been received by
him at any time as such a reward, he received
the property free of any other interests in it.
(4) For the purposes of assessing the value of the
defendant’s proceeds of drug trafficking in a case where a
confiscation order has previously been made against him, the Court
shall leave out of account any of his proceeds of drug trafficking that
are shown to the Court to have been taken into account in
determining the amount to be recovered under that order.
32. (1) Where—
(a) there is tendered to the Court by the Director of
Public Prosecutions a statement as to any matters
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relevant to the determination whether the
defendant has benefitted from drug trafficking
or to the assessment of the value of his proceeds
of drug trafficking; and
(b) the defendant accepts to any extent any
allegation in the statement,
the Court may, for the purposes of that determination and
assessment, treat his acceptance as conclusive of the matters to
which it relates.
(2) Where—
(a) a statement is tendered under subsection (1)(a);
and
(b) the Court is satisfied that a copy of that
statement has been served on the defendant,
the Court may require the defendant to indicate to what extent he
accepts each allegation in the statement and, so far as he does not
accept any such allegation, to indicate any matters he proposes to
rely on.
(3) If the defendant fails in any respect to comply with a
requirement under subsection (2) he may be treated for the
purposes of this section as accepting every allegation in the
statement apart from—
(a) any allegation in respect of which he has
complied with the requirement; and
(b) any allegation that he has benefitted from drug
trafficking or that any payment or other reward
was received by him in connection with drug
trafficking carried on by him or another.
(4) Where—
(a) there is tendered to the Court by the defendant
a statement as to any matters relevant to
determining the amount that might be realised at
the time the confiscation order is made; and
(b) the Director of Public Prosecutions accepts to
any extent any allegation in the statement,
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L.R.O.
Amount to be
recovered under
confiscation
order.
Definition
of principal
terms used.
the Court may, for the purposes of that determination, treat the
acceptance by the prosecutor as conclusive of the matters to
which it relates.
(5) An allegation may be accepted or a matter indicated
for the purposes of this section either—
(a) orally before the Court; or
(b) in writing to the Court.
(6) No acceptance by the defendant under this section
that any payment or other reward was received by him in
connection with drug trafficking carried on by him or another
shall be admissible in evidence in any proceedings for an offence.
33. (1) Subject to subsection (3), the amount to be recovered
in the defendant’s case under the confiscation order shall be the
amount the Court assesses to be the value of the defendant’s
proceeds of drug trafficking.
(2) If the Court is satisfied as to any matter relevant for
determining the amount that might be realised at the time the
confiscation order is made, whether by an acceptance under
section 32 or otherwise, the Court may issue a certificate giving
the Court’s opinion as to the matters concerned and shall do so
where subsection (3) applies.
(3) If the Court is satisfied that the amount that might be
realised at the time the confiscation order is made is less than the
amount the Court assesses to be the value of his proceeds of drug
trafficking, the amount to be recovered in the defendant’s case
under the confiscation order shall be the amount appearing to the
Court to be the amount that might be so realised.
34. (1) In this Act “realisable property” means—
(a) any property held by the defendant; and
(b) any property held by a person to whom the
defendant has directly or indirectly made a gift
caught by this Act.
(2) Property is not realisable property if any forfeiture
order is in force in respect of the property under any written law.
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(3) For the purposes of sections 32 and 34 the amount
that might be realised at the time a confiscation order is made
against the defendant is—
(a) the total of the values at that time of all the
realisable property held by the defendant, less
(b) where there are obligations having priority at
that time, the total amounts payable in
pursuance of such obligations,
together with the total of the values at that time of all gifts caught
by this Act.
(4) Subject to this section, for the purposes of this Act
the value of property, other than cash, in relation to any person
holding the property—
(a) where any other person holds an interest in the
property, is the market value of the first
mentioned person’s beneficial interest in the
property, less the amount required to discharge
any encumbrance, other than a charging order,
on that interest; and
(b) in any other case, is its market value.
(5) Subject to subsection (9), references in this Act to
the value at any time, referred to in subsection (6) as “the
material time”, of a gift caught by this Act or of any payment or
reward are references to—
(a) the value of the gift, payment or reward to the
recipient when he received it adjusted to take
account of subsequent changes in the value of
money; or
(b) where subsection (6) applies, the value there
mentioned, whichever is the greater.
(6) Subject to subsection (9), if at the material time the
recipient holds—
(a) the property not being cash, which he
received; or
(b) property which, in whole or in part, directly or
indirectly, represents in his hands the property
which he received,
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the value referred to in subsection (5)(b) is the value to him at the
material time of the property referred to in paragraph (a) or, as
the case may be, of the property referred to in paragraph (b) so
far as it represents the property which he received, but
disregarding in either case any charging order.
(7) For the purposes of subsection (3), an obligation has
priority at any time if it is an obligation of the defendant to—
(a) pay an amount due in respect of a fine or other
order of a Court, imposed or made on conviction
of an offence, where the fine was imposed or
order made before the confiscation order; or
(b) pay any sum which would be included among
the priority debts in the defendant’s bankruptcy
commencing on the date of the confiscation
order or winding up under an order of the Court
made on that date.
(8) A gift, including a gift made before the
commencement of this Act, is caught by this Act if—
(a) it was made by the defendant at any time since
the beginning of the period of six years ending
when the proceedings were instituted against
him; or
(b) it was made by the defendant at any time and
was a gift of property—
(i) received by the defendant in connection
with drug trafficking carried on by him or
another; or
(ii) which in whole or in part directly or
indirectly represented in the
defendant’s hands property received by
him in that connection.
(9) For the purposes of this Act—
(a) the circumstances in which the defendant is to be
treated as making a gift include those where he
transfers property to another person directly or
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Application of
procedure for
enforcing
orders.
External
confiscation and
external
forfeiture
orders.
[27 of 1994].
indirectly for a consideration the value of which
is significantly less than the value of the
consideration provided by the defendant; and
(b) in circumstances referred to in paragraph (a),
the preceding provisions of this section shall
apply as if the defendant had made a gift of such
share in the property as bears to the whole
property the same proportion as the difference
between the values referred to in paragraph (a)
bears to the value of the consideration provided
by the defendant.
35. Where the defendant fails to pay the amount to be
recovered under a confiscation order within a period of three
months from the date of the confiscation order or such other
period as specified by the Court the defendant shall be liable to
imprisonment which term shall run consecutively to any other
term imposed by the Court and which shall not exceed the
maximum fixed in the following scale:
An amount not exceeding $10,000 … 2 years
An amount exceeding $10,000 but
not exceeding $20,000 … 3 years
An amount exceeding $20,000 but
not exceeding $50,000 … 4 years
An amount exceeding $50,000 but
not exceeding $100,000 … 5 years
An amount exceeding $100,000 but
not exceeding $250,000 … 7 years
An amount exceeding $250,000 but
not exceeding $1 million … 10 years
An amount exceeding $1 million but
not exceeding $2 million … 12 years
An amount exceeding $2 million … 15 years
35A. (1) In this section—
“Court” means the Supreme Court of Judicature of Trinidad
and Tobago;
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“designated country” means a country designated by an Order
made by the Minister;
“external confiscation order” or “external forfeiture order”, as the
case may be, means an order for confiscation or an order for
forfeiture made by a Court of a designated country;
“Minister” means the Minister to whom responsibility for Legal
Affairs is assigned.
(2) The Minister may, by Order, declare a country to be
a designated country for the purposes of this Act.
(3) The Minister may by Order apply this section to an
external confiscation order or an external forfeiture order made
by a Court of a designated country being an order of a description
specified in the Order.
(4) Subject to subsection (5), the Court may, on an
application by or on behalf of the government of a designated
country register an external confiscation order or an external
forfeiture order made there.
(5) The Court shall not register an external confiscation
order or an external forfeiture order unless—
(a) the Court is satisfied that at the time of
registration the order is in force in the
designated country and is not subject to appeal
in that country;
(b) the Court is satisfied, where the person against
whom the order is made did not appear in the
proceedings, that he received notice of the
proceedings in sufficient time to enable him to
defend them; and
(c) the Court is of the opinion that enforcing the
order in Trinidad and Tobago would not be
contrary to the interests of justice.
(6) In subsection (5), “appeal” includes any proceedings
by way of discharging or setting aside a judgment or an
application for a new trial or a stay of execution.
(7) The Court shall cancel the registration of an external
confiscation order or an external forfeiture order if it appears to
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Interest on
sums to be
paid under
confiscation
orders.
[27 of 1994].
the Court that the order has been satisfied whether by payment of
the amount due under the order, by the person against whom the
order is made serving imprisonment in default or otherwise.
(8) In relation to an external confiscation order or external
forfeiture order registered under this section, Part VI shall have effect
subject to such modifications as may be specified in an Order made
by the Minister under this section as it has effect in relation to a
confiscation order or a forfeiture order as the case may be.
(9) An Order made by the Minister under this section
may include such provision—
(a) as to evidence or proof of any matter for the
purpose of this section;
(b) as to the circumstances in which proceedings
are to be treated for those purposes as instituted
or concluded in a designated country, as the
Minister considers expedient.
(10) An Order made by the Minister under this section
varying or revoking a previous Order made by the Minister under
this section may contain such incidental, consequential and
transitional provisions as the Minister considers expedient.
(11) In any case where the Court is satisfied, on an
application by or on behalf of the government of a designated
country, that proceedings which might result in an external
confiscation order or an external forfeiture order being made
against a person have been instituted in the designated country
and have not been concluded, Part VI shall have effect in relation
to those proceedings as they would have effect in relation to
proceedings instituted in Trinidad and Tobago against that person
for a drug trafficking offence which has not been concluded.
35B. (1) If any sum required to be paid by a person under a
confiscation order is not paid when it is required to be paid that
person shall be liable to pay interest on that sum for the period for
which it remains unpaid and the amount of the interest shall for
the purposes of enforcement be treated as part of the amount to
be recovered from him under the confiscation order.
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Increase in
realisable
property.
[27 of 1994].
Seizure and
detention.
[27 of 1994].
(2) Where a person fails to pay interest owing under
subsection (1) the High Court may, on the application of the
Director of Public Prosecutions, and in accordance with
section 35, increase the term of imprisonment fixed in respect of
the default in payment of the amount to be recovered under a
confiscation order.
35C. (1) Where, under section 33(3) the amount which a person
is ordered to pay by a confiscation order is the amount assessed to
be the value of his proceeds of drug trafficking the Director of
Public Prosecutions or a receiver appointed under this Act may
make an application for a certificate under subsection (2).
(2) Where, on an application made in accordance with
subsection (1), the High Court is satisfied that the amount
that might be realised in the case of a person referred to in
subsection (1) is greater than the amount taken into account in
making the confiscation order, whether it was greater than was
thought when the order was made or has subsequently
increased, the Court shall issue a certificate to that effect giving
the Court’s reasons.
(3) Where a certificate has been issued under
subsection (2) the Director of Public Prosecutions may apply to
the Court for an increase in the amount to be recovered under the
confiscation order and on that application the Court may—
(a) substitute for that amount such amount, not
exceeding the amount assessed as the value
referred to in subsection (1), as appears to the
Court to be appropriate having regard to the
amount now shown to be realisable; and
(b) increase the term of imprisonment or detention
fixed in respect of the confiscation order.
35D. (1) The senior Customs Officer on duty at the port, at the
time or a police officer of the rank of sergeant or higher may seize
and, in accordance with this section, detain any cash which is being
imported into or exported from Trinidad and Tobago if its amount
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is not less than the prescribed sum if he has reasonable grounds for
suspecting that it directly or indirectly represents any person’s proceeds
of, or is intended by any person for use in, drug trafficking.
(2) Cash seized by virtue of this section shall not be
detained for more than ninety-six hours unless its continued
detention is authorised detention authorised by an order made by
a Magistrate and no such order shall be made unless the
Magistrate is satisfied—
(a) that there are reasonable grounds for the
suspicion mentioned in subsection (1); and
(b) that continued detention of the cash is justified
while its origin or derivation is further
investigated or consideration is given to the
institution, whether in Trinidad and Tobago or
elsewhere, of criminal proceedings against any
person for an offence with which the cash is
connected.
(3) Any order under subsection (2) shall authorise the
continued detention of the cash to which it relates for such
period, not exceeding three months beginning with the date of the
order, as may be specified in the order and a Magistrate, if
satisfied as to the matters mentioned in that subsection, may
thereafter from time to time by order authorise the further
detention of the cash but so that—
(a) no period of detention specified in such an order
shall exceed three months beginning with the
date of the order; and
(b) the total period of detention shall not exceed
two years from the date of the order under
subsection (2).
(4) Any application for an order under subsection (2)
or (3) shall be made by the Comptroller of Customs and Excise
or a police officer or a Magistrate.
(5) Any cash subject to continued detention under
subsection (3) shall, immediately upon an order for such detention
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being made, be delivered into the care of the Comptroller of
Accounts who shall forthwith deposit it into an interest
bearing account.
(6) At any time while cash is detained under this section—
(a) a Magistrate may direct its release if satisfied—
(i) on application made by the person from
whom it was seized or a person by or on
whose behalf it was being imported or
exported, that there are no, or are no
longer, any such grounds for its detention
as are mentioned in subsection (2); or
(ii) on an application made by any other
person, that detention of the cash is not
for that or any other reason justified; and
(b) the Comptroller of Accounts, may release the
cash together with any interest that may have
accrued, if satisfied that its detention is no
longer justified but shall first notify the Justice
of the Peace or Magistrate under whose order it
is being detained.
(7) If at a time when any cash is being detained under
this section—
(a) an application for its forfeiture is made under
this Act; or
(b) proceedings are instituted, whether in Trinidad
and Tobago or elsewhere, against any person for
an offence with which the cash is connected,
the cash shall not be released until any proceedings pursuant to
the application or, as the case may be, the proceedings for that
offence have been concluded.
(8) In this section “the prescribed sum” means such sum
in Trinidad and Tobago currency as may be prescribed for the
purposes of this section by an Order made by the Minister to whom
responsibility for National Security is assigned and in determining
under this section whether an amount of currency other than
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Cases in which
restraint orders
and charging
orders may
be made.
[27 of 1994].
Trinidad and Tobago currency is not less than the prescribed sum
that amount shall be converted at the prevailing rate of exchange.
(9) An Order made under subsection (8) shall be subject
to negative resolution of Parliament.
PART VI
RESTRAINT ORDERS
36. (1) The powers conferred on the Court by sections 37(1)
and 41(1) are exercisable where—
(a) proceedings have been instituted against the
defendant for a drug trafficking offence;
(b) the proceedings have not been concluded; and
(c) the Court is satisfied that there is reasonable
cause to believe that the defendant has benefited
from drug trafficking.
(2) Those powers are also exercisable where the Court
is satisfied—
(a) that an information is to be laid that a person
has committed, or is suspected of having
committed, a drug trafficking offence; and
(b) that there is reasonable cause to believe that he
has benefited from drug trafficking.
(3) For the purposes of sections 37 and 38, at any time
when those powers are exercisable before proceedings have
been instituted—
(a) references in this Act to the defendant shall be
construed as references to the person referred to
in subsection (2)(a);
(b) references in this Act to the prosecutor shall be
construed as references to the person who the
Court is satisfied is to have the conduct of the
proposed proceedings; and
(c) references in this Act to realisable property shall
be construed as if, immediately before that time,
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UPDATED TO DECEMBER 31ST 2014
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L.R.O.
Restraint orders.
proceedings had been instituted against the
person referred to in subsection (2)(a) for a drug
trafficking offence.
(4) Where the Court has made an order under section
37(1) or 38(1) by virtue of subsection (2), the Court shall
discharge the order if the proposed proceedings are not instituted
within such time as the Court considers reasonable.
(5) The powers referred to in subsection (1) are
exercisable, mutatis mutandis, in relation to an external
confiscation order or an external forfeiture order.
37. (1) The Court may by order, in this Act referred to as a
“restraint order”, prohibit any person from dealing with any
realisable property, subject to such conditions and exceptions as
may be specified in the order.
(2) A restraint order may apply—
(a) to all realisable property held by a specified
person, whether the property is described in the
order or not; and
(b) to realisable property held by a specified person,
being property transferred to him after the
making of the order.
(3) This section shall not have effect in relation to any
property for the time being subject to a charge under section 38.
(4) A restraint order—
(a) may be made only on an application by the
Director of Public Prosecutions;
(b) may be made on an ex parte application to a
Judge in Chambers; and
(c) shall provide for the notice to be given to
persons affected by the order.
(5) A restraint order—
(a) may be discharged or varied in relation to any
property; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
64 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Charging orders
in respect of
realisable
property and
securities, etc.
[27 of 1994].
(b) shall be discharged when proceedings for the
offences are concluded.
(6) An application for the discharge or variation of a
restraint order may be made by any person affected by it.
(7) Where the Court has made a restraint order, the
Court may, at any time, appoint a receiver—
(a) to take possession of any realisable property; and
(b) in accordance with the Court’s directions, to
manage or otherwise deal with any property in
respect of which he is appointed,
subject to such exceptions and conditions as may be specified by
the Court, and may require any person having possession of
property in respect of which a receiver is appointed under this
section to give possession of it to the receiver.
(8) For the purposes of this section, dealing with
property held by any person includes, without prejudice to the
generality of the expression—
(a) where a debt is owed to that person, making a
payment to any person in reduction of the
amount of the debt; and
(b) removing the property from the Territory.
(9) Where the Court has made a restraint order, a police
officer may, for the purpose of preventing any realisable property
being removed from the Territory, seize the property.
(10) Property seized under subsection (9) shall be dealt
with in accordance with the Court’s directions.
38. (1) The Court may make a charging order on realisable
property for securing the payment to the State—
(a) where a confiscation order has not been made of
an amount equal to the value from time to time
of the property charged; and
(b) where a confiscation order has been made of an
amount not exceeding the amount payable under
the confiscation order.
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UPDATED TO DECEMBER 31ST 2014
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L.R.O.
(2) For the purposes of this Act, a charging order is an
order made under this section imposing on any realisable
property as may be specified in the order a charge for securing
the payment of money to the State.
(3) A charging order—
(a) may be made only on an application by the
Director of Public Prosecutions;
(b) may be made on an ex parte application to a
Judge in Chambers;
(c) shall provide for notice to be given to persons
affected by the order; and
(d) may be subject to such conditions as the Court
thinks fit and, without prejudice to the generality of
this paragraph, such conditions as it thinks fit at the
time when the charge is to become effective.
(4) Subject to subsection (6), a charge may be imposed
by a charging order only on—
(a) any interest in realisable property, being an
interest held beneficially by the defendant or by
a person to whom the defendant has directly or
indirectly made a gift caught by this Act—
(i) in any asset of a kind mentioned in
subsection (5); or
(ii) under any trust; or
(b) any interest in realisable property held by a
person as trustee of a trust if the interest is in such
an asset or is an interest under another trust and a
charge may by virtue of paragraph (a) be
imposed by a charging order on the whole
beneficial interest under the first mentioned trust.
(5) The assets referred to in subsection (4) are—
(a) land in the Territory; or
(b) securities of any of the following kinds—
(i) government stock;
(ii) securities of any body incorporated within
the Territory;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
66 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Ch. 8:09.
Realisation
of property.
(iii) securities of any body incorporated
outside the Territory or of any country or
territory outside the Territory being stock
registered in a register kept at any place
within the Territory;
(iv) units of any unit trust in respect of which
a register of the unitholders is kept at any
place within the Territory;
(v) foreign securities transferable by delivery
which are in the Territory.
(6) In any case where a charge is imposed by a charging
order on any interest in an asset of a kind mentioned in
subsection (5)(b), the Court may provide for the charge to extend
to any interest or dividend payable in respect of the asset.
(7) The Court may make an order discharging or
varying the charging order and shall make an order discharging
the charging order if the proceedings for the offence are
concluded or the amount, payment of which is secured by the
charge is paid into Court.
(8) The Remedies of Creditors Act shall apply in relation to
charging orders as they apply in relation to orders issued or made for
the purpose of enforcing judgment and lis pendens.
(9) An application for the discharge or variation of a
charging order may be made by any person affected by it.
39. (1) Where in proceedings instituted for a drug trafficking
offence a confiscation order that is not subject to appeal is made, and
the proceedings have not been concluded, on an application by the
Director of Public Prosecutions, the Court may—
(a) appoint a receiver in respect of realisable property;
(b) empower a receiver appointed under
subparagraph (a), section 37 or in pursuance of
a charging order—
(i) to enforce any charge imposed under
section 38 on realisable property or on
interest or dividends payable in respect of
such property;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(APPENDIX) Dangerous Drugs Chap. 11:25 67
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L.R.O.
Application of
proceeds of
realisation and
other sums.
(ii) in relation to any realisable property
other than property for the time being
subject to a charge under section 38, to
take possession of the property subject to
such conditions or exceptions as may be
specified by the Court;
(c) order any person having possession of
realisable property to give possession of it to
any such receiver;
(d) empower any such receiver to realise any
realisable property in such manner as the Court
may direct;
(e) order any person holding an interest in
realisable property to make such payment to the
receiver in respect of any beneficial interest held
by the defendant or, as the case may be, the
recipient of a gift caught by this Act as the Court
may direct and, on the payment being made, by
order, transfer, grant or extinguish any interest
in the property.
(2) Subsection (1)(c) to (e) do not apply to property for
the time being subject to a charge under section 38.
(3) The Court shall not in respect of any property
exercise the powers conferred by paragraph (b)(i), (d) or (e) of
subsection (1) unless a reasonable opportunity has been given for
persons holding any interest in the property to make
representations to the Court.
40. (1) Subject to subsection (2), the following sums in the
hands of a receiver appointed under section 37 or 39 or in
pursuance of a charging order, that is:
(a) the proceeds of the enforcement of any charge
imposed under section 38;
(b) the proceeds of the realisation, other than by the
enforcement of such a charge, of any property
under section 37 or 38; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
68 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Exercise of
powers by
Court or
receiver.
(c) any other sums, being property held by the
defendant,
shall, after such payments, if any, as the Court may direct, have
been made out of those sums, be applied on the defendant’s
behalf towards the satisfaction of the confiscation order.
(2) If, after the amount payable under the confiscation
order has been fully paid, any sums remain in the hands of the
receiver, the receiver shall distribute those sums among such of
those who held property which has been realised under this Act,
and in such proportions as the Court may direct after giving
reasonable opportunity for such persons to make representations
to the Court.
(3) The receipt of any sum by the Court on account of an
amount payable under a confiscation order shall reduce the
amount so payable, but the sum shall be applied as follows:
(a) if paid by a receiver under subsection (1), it
shall first be applied in payment of his
remuneration and expenses;
(b) subject to paragraph (a), it shall be applied in
reimbursement of any sums paid by the State
under section 45(2),
and the balance shall be treated as if it were a fine imposed by
the Court.
41. (1) This section applies to the powers conferred on the
Court by sections 37 to 40, or on a receiver appointed under
section 37 or 39 or in pursuance of a charging order.
(2) Subject to this section, the powers referred to in
subsection (1) shall be exercised with a view to making available
for satisfying the confiscation order or, as the case may be, any
confiscation order that may be made in the defendant’s case the
value for the time being of realisable property held by any person
by the realisation of such property.
(3) In the case of realisable property held by a person to
whom the defendant has directly or indirectly made a gift caught
by this Act, the powers shall be exercised with a view to realising
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(APPENDIX) Dangerous Drugs Chap. 11:25 69
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Variation of
confiscation
orders.
no more than the value for the time being of the gift together with
all costs incurred in such realisation.
(4) An order may be made or other action taken in
respect of a debt owed by the State.
(5) In exercising those powers, no account shall be
taken of any obligations of the defendant or of the recipient of
any such gift which conflict with the obligation to satisfy the
confiscation order.
42. (1) If, on an application by the defendant in respect of a
confiscation order, the Court is satisfied that the realisable
property is inadequate for the payment of any amount remaining
to be recovered under the order the Court shall issue a certificate
to that effect, giving the Court’s reasons.
(2) For the purposes of subsection (1)—
(a) in the case of realisable property held by a
person who has been adjudged bankrupt the
Court shall take into account the extent to which
any property held by him may be distributed
among creditors; and
(b) the Court may disregard any inadequacy in the
realisable property which appears to the Court
to be attributable wholly or partly to anything
done by the defendant for the purpose of
preserving any property, held by a person to
whom the defendant had directly or indirectly
made a gift caught by this Act from any risk of
realisation under this Act.
(3) Where a certificate has been issued under
subsection (1), the defendant may apply to the Court for the
amount to be recovered under the order to be reduced.
(4) The Court shall, on an application under
subsection (3)—
(a) substitute for the amount to be recovered under
the order such lesser amount as the Court thinks
just in all the circumstances of the case; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
70 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Bankruptcy
of defendant.
Ch. 9:70.
Winding up of
company
holding
realisable
property.
(b) substitute for the term of imprisonment or of
detention in respect of the amount to be
recovered under the order such shorter term in
respect of the lesser amount as the Court thinks
just in all the circumstances of the case.
43. (1) Where a person who holds realisable property is
adjudged bankrupt—
(a) property for the time being subject to a restraint
order made before the order adjudging him
bankrupt; and
(b) any proceeds of property realised by virtue of
section 37(7) or 39(1)(d) or (e) for the time
being in the hands of a receiver appointed under
section 37 or 39,
are excluded from the bankrupt’s estate for the purpose of the
Bankruptcy Act.
(2) Where a person has been adjudged bankrupt, the
powers conferred on the Court by sections 37 to 40 shall not be
exercised in relation to property for the time being comprised in
the bankrupt’s estate for the purpose of sections 37 to 40.
44. (1) Where realisable property is held by a company and
an order for the winding up of the company has been made or a
resolution has been passed by the company for the voluntary
winding up, the functions of the liquidator shall not be
exercisable in relation to—
(a) property for the time being subject to a restraint
order made before the relevant time; and
(b) any proceeds of property realised by virtue of
section 37(7) or 39(1)(d) or (e) for the time
being in the hands of a receiver appointed under
section 37 or 38,
but there shall be payable out of such property any expenses,
including the remuneration of the liquidator, properly incurred in
the winding up in respect of the property.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(APPENDIX) Dangerous Drugs Chap. 11:25 71
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Ch. 81:01.
(2) Where, in the case of a company, such an order has
been made or such a resolution has been passed, the powers
conferred on the Court by sections 37 to 40 or on a receiver so
appointed shall not be exercised in relation to which the functions
of the liquidator are exercisable—
(a) so as to inhibit him from exercising those
functions for the purpose of distributing any
property held by the company to the company’s
creditors; or
(b) so as to prevent the payment out of any property
of expenses, including the remuneration of the
liquidator, properly incurred in the winding up
in respect of the property.
(3) Subsection (2) does not affect the enforcement of a
charging order made before the relevant time or on property
which was subject to a restraint order at the relevant time.
(4) Nothing in the Companies Act shall be taken as
restricting or enabling the restriction of the exercise of powers
under this section.
(5) In this section—
“company” means any company which may be wound up under
the Companies Act; and
“the relevant time” means—
(a) where no order for the winding up of the
company has been made, the time of the passing
of the resolution for voluntary winding up;
(b) where such an order has been made and, before
the presentation of the petition for the winding
up of the company by the Court, such a
resolution had been passed by the company, the
time of the passing of the resolution; and
(c) in any other case where such an order has been
made, the time of the making of the order.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
72 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Receivers
supplementary
provisions.
Compensation.
[27 of 1994].
45. (1) Where a receiver appointed under section 37 or 39
or in pursuance of a charging order takes any action—
(a) in relation to property which is not realisable
property, being action which he would be
entitled to take if it were such property;
(b) believing, and having reasonable grounds for
believing, that he is entitled to take that action in
relation to that property,
he shall not be liable to any person in respect of any loss or
damage resulting from his action except in so far as the loss or
damage is caused by his negligence.
(2) Any amount due in respect of the remuneration and
expenses of a receiver shall be paid by the State—
(a) where a receiver is appointed under section 37
or 39 or in pursuance of a charging order and no
sum is available to be applied in payment of it
under section 40(3)(a); or
(b) where proceedings for a drug trafficking offence
are not instituted.
46. (1) If proceedings are instituted against a person for a
drug trafficking offence and either—
(a) the proceedings do not result in his conviction or
convictions for any drug trafficking offence, or
(b) where he is convicted of one or more drug
trafficking offences the convictions concerned
are quashed, and no conviction for any drug
trafficking offence is substituted,
the Court may, on an application by a person who held property
which was realisable property, order compensation to be paid to
the applicant, if having regard to all the circumstances, it
considers it appropriate to make such an order.
(2) The Court shall not order compensation to be paid in
any case unless the Court is satisfied—
(a) that there has been some serious default on the
part of a person concerned in the investigation
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(APPENDIX) Dangerous Drugs Chap. 11:25 73
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Offences
relating to the
proceeds of
drug trafficking.
[27 of 1994].
or prosecution of the offence or offences
concerned, and that, but for the default, the
proceedings would not have been instituted or
continued;
(b) that the applicant has suffered substantial loss in
consequence of anything done in relation to the
property by or in pursuance of an order of the
Court under sections 37 to 39; or
(c) that the proceedings would have been instituted
or continued if the serious default had not
occurred.
(3) The amount of compensation to be paid under this
section shall be such as the Court thinks just in all the
circumstances of the case.
47. (1) A person is guilty of an offence if he—
(a) conceals or disguises any property which is, or
which, in whole or in part directly or indirectly
represents, his proceeds of drug trafficking; or
(b) converts, transfers or disposes of that property
or removes it from the jurisdiction,
for the purpose of avoiding prosecution for a drug trafficking
offence or the making or enforcement in his case of a
confiscation order or a forfeiture order.
(2) A person is guilty of an offence if, knowing or
having reasonable grounds to suspect that any property is, or in
whole or in part directly or indirectly represents, another person’s
proceeds of drug trafficking, he—
(a) conceals or disguises that property; or
(b) converts, transfers or disposes of that property
or removes it from the jurisdiction,
for the purpose of assisting any person to avoid prosecution for a
drug trafficking offence or the making or enforcement of a
confiscation order or a forfeiture order.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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74 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
(3) A person is guilty of an offence who conceals,
disposes, disguises, transfers, brings into Trinidad and Tobago or
removes from Trinidad and Tobago any money or other property
knowing or having reasonable grounds to suspect that the money
or other property is derived, obtained or realised, directly or
indirectly from drug trafficking.
(4) A person is guilty of an offence if, knowing or
having reasonable grounds to suspect that any money or other
property is, or in whole or in part directly or indirectly represents
another person’s proceeds of drug trafficking, he receives,
possesses or converts that money or other property.
(5) It is a defence to a charge of committing an offence
under subsection (4) that the person charged acquired the
property for adequate consideration.
(6) The provision for any person of services or goods
which are of assistance to him in drug trafficking shall not be
treated as consideration for the purposes of subsection (5).
(7) Where a person discloses to a police officer a
suspicion or belief that any property is, or in whole or in part
directly or indirectly represents, another person’s proceeds of
drug trafficking, or discloses to a police officer any matter on
which such a suspicion or belief is based the disclosure shall not
be treated as a breach of any restriction upon the disclosure of
information imposed by contract or by any enactment, regulation,
rule of conduct or other provision.
(8) Where a person who has made a disclosure under
subsection (7) does any act in relation to the property in
contravention of subsection (3) or (4) he does not commit an
offence under this section if—
(a) the disclosure is made before he does the act
concerned and the act is done with the consent
of the police officer; or
(b) the disclosure is made after he does the act, but
on his initiative and as soon as it is reasonable
for him to make it.
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UPDATED TO DECEMBER 31ST 2014
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L.R.O.
(9) For the purposes of subsection (7), having
possession of any property shall be taken to be doing an act in
relation to it.
(10) In proceedings against a person for an offence
under this section, it is a defence to prove that—
(a) he intended to disclose to a police officer such a
suspicion, belief or matter as is mentioned in
subsection (7); and
(b) there is reasonable excuse for his failure to
make the disclosure in accordance with
subsection (7).
(11) In the case of a person who was in employment at
the relevant time, subsections (7) and (9) shall have effect in
relation to disclosures and intended disclosures to the
appropriate person in accordance with the procedure established
by his employer for the making of such disclosures as they have
effect in relation to disclosures, and intended disclosures, to a
police officer.
(12) No police officer or other person shall be guilty of
an offence under this section in respect of anything done by him
in the course of acting in connection with the enforcement, or
intended enforcement, of any provision of this Act or of any
written law relating to drug trafficking or the proceeds of such
trafficking, if the Court is satisfied that the act was done in good
faith and there were reasonable grounds for doing it.
(13) A person guilty of an offence under this section
is liable—
(a) on summary conviction to a fine of fifty thousand
dollars and to imprisonment for five years;
(b) on conviction on indictment to a fine of one
hundred thousand dollars or the value of the
proceeds of the drug trafficking whichever is
greater and to imprisonment for ten years.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
76 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Order to make
material
available.
PART VII
INVESTIGATIONS INTO DRUG TRAFFICKING
48. (1) A police officer may, for the purpose of an
investigation into drug trafficking, apply to a Judge in Chambers
for an order under subsection (2).
(2) If on such application the Judge is satisfied that the
conditions in subsection (4) are fulfilled he may make an order—
(a) that the person who appears to him to be in
possession of particular material or material of a
particular description to which the application
relates shall—
(i) produce it to a police officer for him to
take away;
(ii) give a police officer access to it; or
(b) that the person being a relative or associate of
such person shall within such period as the order
may specify make a statutory declaration—
(i) identifying each item of property, whether
within or outside the Territory, belonging
to or possessed by such person;
(ii) identifying each property sent out of the
Territory by such persons during such
period as may be specified in the notice;
(iii) setting out the estimated value and location
of each of the properties identified under
subparagraphs (i) and (ii);
(iv) stating in respect of each of the properties
identified under subparagraphs (i) and (ii)
whether the property is held by such
person or by any other person on his
behalf, whether it has been transferred,
sold to, or kept with any other person.
(3) The period to be specified in an order under
subsection (2) shall be seven days unless it appears to the Judge
that a longer or shorter period would be appropriate in the
particular circumstances of the application.
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UPDATED TO DECEMBER 31ST 2014
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L.R.O.
(4) The conditions referred to in subsection (2) are—
(a) that there are reasonable grounds for suspecting
that a specified person has carried on or has
benefited from drug trafficking;
(b) that there are reasonable grounds for suspecting
that the material or the declaration to which the
application relates—
(i) is likely to be of substantial value, whether
by itself or together with other material, to
the investigation for the purpose of which
the application is made; and
(ii) the material does not consist of or include
items subject to legal privilege or
excluded material; and
(c) that there are reasonable grounds for believing
that it is in the public interest, having regard to—
(i) the benefit likely to accrue to the
investigation if the material is obtained or
the declaration made; and
(ii) the circumstances under which the person
in possession of the material holds it, or
the relationship or dealings of the person
required to make the declaration with
the specified person referred to in
subparagraph (a),
that the material should be produced or that access to it should be
given or that the declarations be made.
(5) Where the Judge makes an order under subsection
(2)(b) in relation to material on any premises, he may, on the
application of a police officer, order any person who appears to
him to be entitled to grant entry to the premises, to allow a police
officer to enter the premises to obtain access to the material.
(6) Provision may be made by Rules of Court as to—
(a) the discharge and variation of orders under this
section; and
(b) proceedings relating to such orders.
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UPDATED TO DECEMBER 31ST 2014
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78 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Ch. 81:01.
(7) Where the material to which an application under this
section relates consists of information contained in a computer—
(a) an order under subsection (2)(a)(i) shall have
effect as an order to produce the material in a
form in which it can be taken away and in which
it is visible and legible; and
(b) an order under subsection (2)(a)(ii) shall have
effect as an order to give access to the material
in a form in which it is visible and legible.
(8) An order under subsection (2)—
(a) shall not confer any right to production of, or
access to or disclosure of, items subject to legal
privilege or excluded material;
(b) shall have effect notwithstanding any obligation
as to secrecy or other restriction upon the
disclosure of information imposed by statute or
otherwise; and
(c) may be made in relation to material in the
possession of a government department.
(9) In this section—
“associate” in relation to a person includes—
(a) any person who was or is residing in the
residential premises (including appurtenances)
of such person;
(b) any person who was or is an agent or nominee
of such person;
(c) any person who was or is managing the affairs
of keeping the accounts of such person;
(d) any partnership firm of which such person, or
agent or nominee of his, is or was a partner or
a person in charge or control of its business
or affairs;
(e) any company within the meaning of the
Companies Act, of which such person, or any
agent or nominee of his, was or is a director or
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Authority for
search.
had been or is in charge of or control of its
business or affairs, or in which such person,
together with any agent or nominee of his, has
or had held shares to the total value of not less
than ten per centum of the total issued capital of
the company;
(f) any person who was or is keeping the accounts
of any partnership firm or corporation referred
to in paragraph (d) or (e);
(g) the trustee of any trust, where—
(i) the trust was created by such person; or
(ii) the total value of the assets contributed by
such person to the trust at any time,
whether before or after the creation of the
trust, amounts, or had amounted, at any
time, to not less than twenty per centum
of the total value of the assets of the trust;
(h) any person who has in his possession any
property belonging to such person; and
(i) any person who is indebted to such person;
“relative”, in relation to a person, means—
(a) spouse of the person;
(b) brother or sister of the person;
(c) brother or sister of the spouse of the person;
(d) any lineal ascendant or descendant of the person;
(e) any lineal ascendant or descendant of the spouse
of the person;
(f) spouse of a person referred to in paragraph (b),
(c), (d) or (e);
(g) any lineal descendant of a person referred to in
paragraph (b) or (c).
49. (1) A police officer may, for the purpose of an
investigation into drug trafficking, apply to a Judge for a warrant
under this section in relation to specified premises.
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(2) On such application the Judge may issue a warrant
authorising a police officer to enter and search the premises if he
is satisfied—
(a) that an order made under section 48 in relation
to material on the premises has not been
complied with;
(b) that the conditions in subsection (3) are
fulfilled; or
(c) that the conditions in subsection (4) are fulfilled.
(3) The conditions referred to in subsection (2)(b) are—
(a) that there are reasonable grounds for suspecting
that a specified person has carried on or has
benefited from drug trafficking;
(b) that the conditions in section 48(4)(b) and (c)
are fulfilled in relation to any material on the
premises; and
(c) that it would not be appropriate to make an
order under that section in relation to the
material because—
(i) it is not practicable to communicate with
any person entitled to produce the material;
(ii) it is not practicable to communicate with any
person entitled to grant access to the material
or entitled to grant entry to the premises on
which the material is situated; or
(iii) the investigation for the purposes of
which the application is made might be
seriously prejudiced unless a police
officer could secure immediate access to
the material.
(4) The conditions referred to in subsection (2)(c) are—
(a) that there are reasonable grounds for suspecting
that a specified person has carried on or has
benefited from drug trafficking; and
(b) that there are reasonable grounds for suspecting
that there is on the premises material relating to
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the specified person or to drug trafficking
which is likely to be of substantial value,
whether by itself or together with other material,
to the investigation for the purpose of which the
application is made, but that the material
cannot at the time of the application be
particularised; and
(c) that—
(i) it is not practicable to communicate with
any person entitled to grant entry to the
premises;
(ii) entry to the premises will not be granted
unless a warrant is produced; or
(iii) the investigations for the purpose of
which the application is made might be
seriously prejudiced unless a police
officer arriving at the premises could
secure immediate entry to them.
(5) Where a police officer has entered premises in the
execution of a warrant issued under this section, he may seize and
retain any material, other than items subject to legal privilege and
excluded material, which is likely to be of substantial value,
whether by itself or together with other material, to the
investigation for the purpose of which the warrant was issued.
(6) The person to whom a search warrant is issued shall
furnish a report in writing to the Judge who issued the warrant—
(a) stating whether or not the warrant was executed;
(b) if the warrant was executed, setting out briefly
the result of the execution of the warrant
including a brief description of anything seized;
(c) if the warrant was not executed, setting out briefly
the reasons why the warrant was not executed.
(7) A report with respect to a search warrant shall be made
within ten days after the execution of the warrant or the expiry of
the warrant whichever first occurs and if the Judge who issued the
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82 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Supplementary
provisions to
sections 48
and 49.
search warrant died, has ceased to be a Judge or is absent, the
report shall be furnished to the Chief Justice.
50. (1) Subject to subsection (2), in sections 48 and 49
“items subject to legal privilege” means—
(a) communications between a professional legal
adviser and his client made in connection with
the giving of legal advice to the client;
(b) communications between a professional legal
adviser and his client or between such an adviser
or his client made in connection with or in
contemplation of legal proceedings and for the
purposes of such proceedings; and
(c) items enclosed with or referred to in such
communications and made—
(i) in connection with the giving of legal
advice; or
(ii) in connection with or in contemplation of
legal proceedings and for the purposes of
such proceedings,
when they are in the possession of a person who is entitled to
possession of them.
(2) Items held with the intention of furthering a criminal
purpose are not items subject to legal privilege.
(3) Subject to subsections (4) and (5), in sections 48 and
49 “excluded material” means—
(a) personal records which a person has acquired
or created in the course of any trade, business,
profession or other occupation or for the
purposes of any paid or unpaid office and which
he holds in confidence;
(b) human tissue or tissue fluid which has been taken
for the purpose of diagnosis or medical treatment
and which a person holds in confidence;
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(c) journalistic material which a person holds in
confidence and which consists—
(i) of documents; or
(ii) of records other than documents.
(4) A person holds material other than journalistic
material in confidence for the purposes of this section if he holds
it subject—
(a) to an express or implied undertaking to hold it in
confidence; or
(b) to a restriction on disclosure or an obligation of
secrecy contained in any enactment, including
an enactment contained in an Act of Parliament
passed after this Act.
(5) A person holds journalistic material in confidence
for the purpose of this section if—
(a) he holds it subject to such an undertaking,
restriction or obligation; and
(b) it has been continuously held, by one or more
persons, subject to such an undertaking,
restriction or obligation since it was first acquired
or created for the purposes of journalism.
(6) Subject to subsection (7), in this Act “journalistic
material” means material acquired or created for the purposes
of journalism.
(7) Material is only journalistic material for the
purposes of this Act if it is in the possession of a person who
acquired or created it for the purposes of journalism.
(8) A person who receives material from someone
who intends that the recipient shall use it for the purpose of
journalism is to be taken to have acquired it for those purposes.
(9) In sections 48 and 49 “premises” includes any place
and, in particular, includes—
(a) any vehicle, vessel, aircraft;
(b) any offshore installation; and
(c) any tent or movable structure.
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LAWS OF TRINIDAD AND TOBAGO
Disclosure of
information held
by government
departments.
51. (1) Subject to subsection (4), the Court may on an
application by the Director of Public Prosecutions order any
material mentioned in subsection (3) which is in the possession
of a government department to be produced to the Court within
such period as the Court may specify.
(2) The power to make an order under subsection (1) is
exercisable if—
(a) the powers conferred on the Court by
sections 37(1) and 41(1) are exercisable by
virtue of section 36(1); or
(b) those powers are exercisable by virtue of
section 36(2) and the Court has made a
restraint or charging order which has not
been discharged,
but where the power to make an order under subsection (1) is
exercisable by virtue only of paragraph (b), section 36(3) shall
apply for the purposes of this section as it applies for the purposes
of sections 37 and 38.
(3) The material referred to in subsection (1) is any
material which—
(a) has been submitted to an officer of a
government department by the defendant or by
a person who has at any time held property
which was realisable property;
(b) has been made by an officer of a government
department in relation to the defendant or a
person, referred to in paragraph (a); or
(c) is correspondence which passed between an
officer of a government department and the
defendant or a person, referred to in paragraph (a),
and an order under that subsection may require the production of
all such material or of a particular description of such material,
being material in the possession of the department concerned.
(4) An order under subsection (1) shall not require the
production of any material unless it appears to the Court that the
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material is likely to contain information that would facilitate
the exercise of the powers conferred on the Court by sections 37
and 39 or on a receiver appointed under section 37 or 39, or in
pursuance of a charging order.
(5) The Court may by order authorise the disclosure to
such a receiver of any material produced under subsection (1) or
any part of such material but the Court shall not make an order
under this subsection unless a reasonable opportunity has been
given for an officer of the department to make representations to
the Court.
(6) Material disclosed in pursuance of an order under
subsection (5) may, subject to any conditions contained in the
order, be further disclosed for the purposes of the functions under
this Act of the receiver or the Court.
(7) The Court may, by order, authorise the disclosure to
a person mentioned in subsection (8) of any material produced
under subsection (1) or any part of such material but the Court
shall not make an order under this subsection unless—
(a) a reasonable opportunity has been given for an
officer of the department to make
representations to the Court; and
(b) it appears to the Court that the material is likely
to be of substantial value in exercising functions
relating to drug trafficking.
(8) The persons referred to in subsection (7) are—
(a) a police officer; and
(b) the Director of Public Prosecutions or his
nominee.
(9) Material disclosed in pursuance of an order under
subsection (7) may, subject to any conditions contained in the
order, be further disclosed for the purpose of functions relating to
drug trafficking.
(10) Material may be produced or disclosed in pursuance
of this section notwithstanding any obligation as to secrecy or other
restriction upon the disclosure of information imposed by
statute or otherwise.
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86 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Offence of
prejudicing
investigation.
(11) An order under subsection (1) and, in the case of
material in the possession of a government department, an order
under section 48(2) may require any officer of the department,
whether named in the order or not, who may for the time being
be in possession of the material concerned to comply with it, and
such an order shall be served as if the proceedings were civil
proceedings against the department.
(12) The person on whom such an order is served—
(a) shall take all reasonable steps to bring it to the
attention of the officer concerned; and
(b) if the order is not brought to that officer’s attention
within the period referred to in subsection (1), shall
report the reasons for the failure to the Court,
and it shall also be the duty of any other officer of the department
in receipt of the order to take such steps as are mentioned in
paragraph (a).
52. (1) Where, in relation to an investigation into drug
trafficking, an order under section 48 has been made or has been
applied for and has not been refused or a warrant under
section 49 has been issued, a person who, knowing or suspecting
that the investigation is taking place, makes any disclosure which
is likely to prejudice the investigation is guilty of an offence.
(2) In proceedings against a person for an offence under
this section, it is a defence to prove—
(a) that he did not know or suspect that the disclosure
was likely to prejudice the investigation; or
(b) that he had lawful authority or reasonable
excuse for making the disclosure.
(3) A person who is guilty of an offence under this
section shall be liable—
(a) on summary conviction to a fine of two thousand
dollars and to imprisonment for two years; and
(b) on conviction on indictment to a fine of five
thousand dollars and to imprisonment for
five years.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(APPENDIX) Dangerous Drugs Chap. 11:25 87
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Forfeiture
orders.
[27 of 1994].
PART VIII
FORFEITURE ORDERS
53. (1) Where a person is convicted of a drug trafficking
offence and the Court by or before which he is convicted is
satisfied that any property which was in his possession or under
his control at the time of his apprehension—
(a) has been used for the purpose of committing a
drug trafficking offence;
(b) has been used for the purpose of facilitating the
commission of a drug trafficking offence; or
(c) was intended by him to be used for the purpose
of committing a drug trafficking offence,
the Court may make an order for forfeiture of that property under
this section.
(2) Facilitating, the commission of an offence shall be
taken for the purpose of this section to include the taking of any
steps after it has been committed for the purpose of disposing of
any property to which it relates or of avoiding apprehension
or detection.
(3) Where, upon application made by the Director of
Public Prosecutions, the Court determines that property
identified in the application constitutes the proceeds of drug
trafficking and is satisfied that the property—
(a) forms part of or represents the estate of a
deceased person; or
(b) has been abandoned,
the Court may make an order for forfeiture of that property under
this section.
(4) In making its determination—
(a) under subsection (3)(a) the Court shall consider
any representations made by a personal
representative, beneficiary, or other relevant party
regarding the estate of the deceased person;
(b) under subsection (3)(b) the Court shall do so one
month after notice of the application made by
the Director of Public Prosecutions has been
advertised in a daily newspaper.
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UPDATED TO DECEMBER 31ST 2014
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88 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
DANGEROUS DRUGS (DESIGNATED COUNTRY) ORDER
made under section 35A
WHEREAS it is provided by section 35A of the Dangerous Drugs
Act, that the Minister may by Order declare a country to be
a designated country for the purposes of the Act:
And whereas it is expedient for the Minister to declare the
United States of America a designated country:
Now, therefore, the Minister in exercise of the powers
conferred on her by section 35A of the Act, hereby declares as
follows:
1. This Order may be cited as the Dangerous Drugs
(Designated Country) Order.
2. The United States of America is hereby declared a
designated country, for the purposes of the Act.
65/1997.
Preamble.
Citation.
Designation.
SUBSIDIARY LEGISLATION
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UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
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DANGEROUS DRUGS (SEIZURE AND DETENTION—
PRESCRIBED SUM) ORDER
made under section 35D
WHEREAS it is provided by section 35D of the Dangerous Drugs
Act, that the Senior Customs Officer on duty or a police officer
of the rank of sergeant or higher may seize and detain any cash
which is being imported into or exported from Trinidad and
Tobago if its amount is not less than the prescribed sum if he has
reasonable grounds for suspecting that it directly or indirectly
represents any person’s proceeds of, or is intended by any person
for use in, drug trafficking:
And whereas it is also provided by subsection (8) of
section 35D that “the prescribed sum” means such sum in
Trinidad and Tobago currency as may be prescribed for the
purposes of that section by an Order made by the Minister to
whom responsibility for National Security is assigned:
Now, therefore, the Minister in exercise of the powers
conferred on him by section 35D of the Act, hereby declares as
follows:
1. This Order may be cited as the Dangerous Drugs
(Seizure and Detention—Prescribed Sum) Order.
2. It is hereby declared that the prescribed sum is twenty
thousand dollars in Trinidad and Tobago currency.
175/1997.
Preamble.
Citation.
Prescribed sum.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
90 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
DANGEROUS DRUGS (REGISTRATION OF
EXTERNAL CONFISCATION AND EXTERNAL
FORFEITURE ORDERS) ORDER
ARRANGEMENT OF CLAUSES
CLAUSE
1. Title, Commencement and Extent.
2. Interpretation.
3. Designation of and application of the Act to countries.
4. Proof of order and judgments of Court in a designated country.
5. Evidence in relation to proceedings and orders in a designated
country.
6. Representation of a designated country.
7. Currency conversion.
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UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
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235/1999.
Preamble.
Title,
Commencement
and Extent.
Interpretation.
DANGEROUS DRUGS (REGISTRATION OF
EXTERNAL CONFISCATION AND EXTERNAL
FORFEITURE ORDERS) ORDER
made under section 35A
WHEREAS it is provided by section 35A of the Dangerous Drugs
Act that the Minister may by Order apply section 35A of the
Dangerous Drugs Act, to an external confiscation order or an
external forfeiture order made by a Court of a designated country:
And whereas it is expedient for the Minister to make
provision for the registration of external confiscation orders and
external forfeiture orders made in a country designated pursuant
to section 35A of the Act:
Now, therefore, the Minister in the exercise of the powers
conferred by section 35A(3) and (9) of the Dangerous Drugs Act
is pleased to order, and it is hereby ordered, as follows:
1. This Order may be cited as the Dangerous Drugs
(Registration of External Confiscation and External Forfeiture
Orders) Order.
2. In this Order—
“the Act” means the Dangerous Drugs Act;
“designated country” means any country designated under
paragraph 3(1) of this Order or by any Order made by the
Minister under section 35A(2) of the Act declaring a country
to be a designated country for the purposes of the Act;
“appropriate authority of a designated country” means an
authority specified against the name of that country in
Schedule 1 to this Order or in any Order made by the
Minister under section 35A(2) of the Act declaring a country
to be a designated country for the purposes of the Act;
“a Court of a designated country” includes a Court of any State
or territory of a designated country.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Dangerous Drugs (Registration of External Confiscation and
External Forfeiture Orders) Order
[Subsidiary]
92 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Designation of
and application
of the Act to
countries.
Proof of order
and judgments
of Court in a
designated
country.
Evidence in
relation to
proceedings
and orders in
a designated
country.
3. (1) This Order shall apply to any country designated
before or after the coming into force of this Order.
(2) In relation to a designated country, section 35A of the
Act shall apply to external confiscation orders or external forfeiture
orders and to proceedings which have been or are to be instituted in
the designated country which may result in an external confiscation
order or an external forfeiture order being made there, and,
accordingly, in relation to such orders and such proceedings.
4. (1) For the purposes of section 35A(5) and (9) of the Act—
(a) any order made or judgment given by a Court in
a designated country purporting to bear the seal
of that Court or to be signed by any person in his
capacity as a Judge, Magistrate or officer of the
Court, shall be deemed without further proof to
have been duly sealed or, as the case may be, to
have been signed by that person; and
(b) a document, duly authenticated, which purports
to be a copy of any order made or judgment
given by a Court in a designated country shall be
deemed without further proof to be a true copy.
(2) A document purporting to be a copy of any order
made or judgment given by a Court in a designated country is
duly authenticated for the purpose of paragraph (1)(b) above if it
purports to be certified by any person in his capacity as a Judge,
Magistrate or officer of the Court in question or by or on behalf
of the appropriate authority of the designated country.
5. (1) For the purposes of section 35A(5) and (9) of the Act
a certificate purporting to be issued by or on behalf of the
appropriate authority of a designated country stating—
(a) that proceedings have been instituted and have
not been concluded, or that proceedings are to
be instituted there;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Dangerous Drugs (Registration of External Confiscation and
External Forfeiture Orders) Order
[Subsidiary]
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(b) that an external confiscation order or an external
forfeiture order, as the case may be, is in force
and is not subject to appeal;
(c) that all or a certain amount of the sum payable
under a confiscation order or an external
forfeiture order remains unpaid in the designated
country, or that other property recoverable
thereunder remains unrecovered there;
(d) that any person has been notified of any
proceedings in accordance with the law of the
designated country; or
(e) that an order (however described) made by a Court
of the designated country has the purpose of
recovering payments or other rewards received in
connection with drug trafficking or their value,
shall, in any proceedings in the High Court, be admissible as
evidence of the facts so stated.
(2) In any such proceedings a statement contained in a
document, duly authenticated, which purports to have been
received in evidence or to be a copy of a document so received,
or to set out or summarise evidence given in proceedings in a
Court in a designated country, shall be admissible as evidence of
any fact stated therein.
(3) A document is duly authenticated for the purposes of
paragraph (2) above if it purports to be certified by any person in
his capacity as a Judge, Magistrate or officer of the Court in the
designated country, or by or on behalf of the appropriate
authority of the designated country, to have been received in
evidence or to be a copy of a document so received, or, as the
case may be, to be the original document containing or
summarising the evidence or a true copy of that document.
(4) Nothing in this article shall prejudice the admission
of any evidence, whether contained in any document or
otherwise, which is admissible apart from this article.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Dangerous Drugs (Registration of External Confiscation and
External Forfeiture Orders) Order
[Subsidiary]
94 Chap. 11:25 Dangerous Drugs (APPENDIX)
LAWS OF TRINIDAD AND TOBAGO
Designated Country Appropriate Authority
United States of America … The Attorney General of the United States
of America or any Official designated by
the Attorney General
Representation
of a designated
country.
Currency
conversion.
6. A request for assistance by the appropriate authority of
a designated country shall, unless the contrary is shown, be
deemed to constitute the authority of the government of that
country for the office of the Director of Public Prosecutions to
act on its behalf in any proceedings in the High Court under
section 35A of the Act.
7. (1) Where an amount of money payable or remaining to be
paid under an external confiscation order or an external forfeiture
order registered in the High Court under section 35A of the Act is
expressed in a currency other than that of Trinidad and Tobago, for
the purpose of any action taken in relation to that order under the Act
as applied under paragraph 3(2) the amount shall be converted into
the currency of Trinidad and Tobago on the basis of the exchange
rate prevailing on the date of registration of the order.
(2) Where at the date of enforcement the amount as
expressed in Trinidad and Tobago currency would not be
sufficient to recover the amount payable under the external
confiscation order or external forfeiture order due to any change
in the value of Trinidad and Tobago currency the amount of the
order as expressed in Trinidad and Tobago currency shall be
varied at the date of enforcement to take account of that change.
(3) For the purposes of this paragraph a written
certificate purporting to be signed by any person acting in his
capacity as an officer of any bank in Trinidad and Tobago and
stating the exchange rate prevailing on a specified date shall be
admissible as evidence of the facts so stated.
SCHEDULE
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
