Defence

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Defence
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–14 ..
15–26 ..
27–28 ..
29–44 ..
45–46 ..
47–170 ..
171–174 ..
175–176 ..
177–190 ..
191–203 ..

L.R.O.

*See Note on page 3
†See Note on Validation at page 3

Act
7 of 1962

Amended by

LAWS OF TRINIDAD AND TOBAGO

CHAPTER 14:01

DEFENCE ACT

32 of 1979
16 of 1988
16 of 1994

*18 of 1994
14 of 1996

†25 of 2000
66 of 2000

9 of 1963
19 of 1967
35 of 1970
38 of 1970
136/1976
110/1977
218/1977

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UPDATED TO DECEMBER 31ST 2014

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Index of Subsidiary Legislation
Page

Defence (Enlistment and Service) Regulations (7 of 1962) … … … 154
Defence (Officers) Regulations (7 of 1962) … … … … 167
Defence (Pay and Superannuation) (Transferred Officers) Regulations (19 of 1967) 170
Defence (Pay and Superannuation) (Transferred Officers) (Prescribed Bodies and

Authorities) Regulations (134/1974) … … … … … 175
Defence Force (Administrative Inspections) Regulations (82/1975) … … 177
Defence (Special Service Commissions) Regulations (LN 104/1987) … … 180
Defence (Pensions, Terminal and Other Grants) Regulations (GN No. 38 of 1968) 190

Note on Omissions
The following Subsidiary Legislation have been omitted:

PART A
(a) Defence (Rates of Pay and Allowances) Regulations 1989 (LN 84/1989) (See the latest

Edition of the Consolidated Index of Acts and Subsidiary Legislation for amendments to
these Regulations);

(b) Travelling Allowances Notification (GN 86/1966) made under regulation 15 of the
Defence (Rates of Pay and Allowances) Regulations;

(c) Trinidad and Tobago Defence Force Commissions Board Rules (LN 179/1983).

PART B
(a) Notifications made under section 5;
(b) Orders made under section 189;
(c) Proclamations made under section 238.
NB—(For references to the omitted Subsidiary Legislation see the latest Edition of the

Consolidated Index of Acts and Subsidiary Legislation).

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Defence Chap. 14:01 3

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Note on Act No. 18 of 1994
For the discretion of the Court to deny bail to a defendant who is in custody in
pursuance of the sentence of a Court or any authority acting under the Defence
Act, see section 6(2)(c) of Act No. 18 of 1994.

Note on Validation
For the validation of all acts and things done under the Act, see section 4 of
Act No. 25 of 2000.

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CHAPTER 14:01

DEFENCE ACT
ARRANGEMENT OF SECTIONS

SECTION
PART I

PRELIMINARY
1. Short title.
2. Interpretation.
3. References to “Force”, “men”, “other rank” and “regulations”.
4. Provisions as to active service.
5. Establishment and maintenance of Force.
6. Powers of Officers, Petty Officers and men of the Coast Guard.

PART II
THE DEFENCE COUNCIL

7. Establishment of Defence Council.
8. Functions of the Council.
9. Procedure and proceedings of the Council.

PART III
OFFICERS

10. Establishment of Commissions Board.
11. Board to make recommendations for appointment or promotion up

to rank of Major/Lieutenant Commander.
12. Recommendations for appointment for promotion of other officers.
13. President to act in accordance with recommendation.
14. Appeal to Council.
15. Commissioning and promotion of officers.
16. Appointment, promotion, etc., of officers to be Gazetted.
17. Reserve of officers.

PART IV
ENLISTMENT AND TERMS OF SERVICE

18. Recruiting officers.
19. Enlistment Form.

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SECTION
TERMS AND CONDITIONS OF SERVICE

20. Terms of enlistment

RE-ENGAGEMENT AND EXTENSION OF SERVICE
21. Re-engagement and continuance in service.
22. Prolongation of service.

DISCHARGE AND TRANSFER TO THE RESERVE
23. Discharge.
24. Transfer to the reserve.
25. Postponement of discharge or transfer pending proceedings for

offences, etc.
26. Restrictions on reduction in rank of warrant officers and non-

commissioned officers.
27. Right of warrant officer to discharge on reduction to ranks.
28. Discharge upon prescribed grounds.
29. Right of soldier to purchase discharge.

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
30. Rules for reckoning service.
31. Validity of attestation and enlistment.
32. False answers in attestation paper.

PART V
DISCIPLINE AND TRIAL AND

PUNISHMENT OF MILITARY OFFENCES
TREACHERY, COWARDICE AND OFFENCES ARISING

OUT OF MILITARY SERVICE
33. Aiding the enemy.
34. Communication with the enemy.
35. Cowardly behaviour.
36. Offences against morale.
37. Becoming a prisoner of war through disobedience or wilful neglect;

and failure to rejoin forces.
38. Offences by or in relation to sentries, etc.

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ARRANGEMENT OF SECTIONS—Continued
SECTION

39. Sleeping on watch or abandoning post.
40. Looting.

MUTINY AND INSUBORDINATION
41. Mutiny.
42. Failure to suppress mutiny.
43. Insubordinate behaviour.
44. Disobedience to particular orders.
45. Obstruction of provost officers.
46. Disobedience to standing orders.

DESERTION, ABSENCE WITHOUT LEAVE, ETC.
47. Desertion.
48. Absence without leave.
49. Assisting and concealing desertion and absence without leave.
50. Failure to perform military duties.

MALINGERING AND DRUNKENNESS
51. Malingering.
52. Drunkenness.

OFFENCES RELATING TO PROPERTY
53. Offences in relation to public and service property.
54. Offences in relation to property of members of forces.
55. Miscellaneous offences relating to property.

OFFENCES RELATING TO BILLETING AND
REQUISITIONING OF VEHICLES

56. Billeting offences.
57. Offences in relation to requisitioning of vehicles.

FLYING, ETC., OFFENCES
58. Dangerous flying, loss or hazarding of ships.
59. Inaccurate certification of aircraft, etc.
60. Low flying.
61. Annoyance by flying.

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SECTION

OFFENCES RELATING TO, AND BY, PERSONS IN CUSTODY
62. Irregular arrest and confinement.
63. Permitting escape, and unlawful release of prisoners.
64. Resistance to arrest.
65. Escape from confinement.

OFFENCES IN RELATION TO COURTS-MARTIAL
AND CIVIL AUTHORITIES

66. Offences in relation to contempt of Courts-martial.
67. False evidence.
68. Obstruction of police officer, arresting officer or soldier.

MISCELLANEOUS OFFENCES
69. Injurious disclosures.
70. Making of false statements on enlistment.
71. Making of false documents.
72. Scandalous conduct of officer.
73. Ill-treatment of officers or men of inferior rank.
74. Disgraceful conduct.
75. False accusation.
76. Attempts to commit military offences.
77. Conduct to prejudice of military discipline.

CIVIL OFFENCES
78. Civil offences.

PUNISHMENTS
79. Punishment of officers.
80. Punishment of other ranks.
81. Field punishment.
82. Imprisonment.

ARREST
83. Power to arrest offenders.
84. Provisions for avoiding delay after arrest.

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ARRANGEMENT OF SECTIONS—Continued
SECTION

INVESTIGATIONS OF, AND SUMMARY DEALING WITH, CHARGES
85. Investigation of charges by Commanding Officer.
86. Charges to be dealt with summarily or by Court-martial.
87. Further proceedings on charges against N.C.Os and other ranks.
88. Further proceedings on charges against officers and warrant officers.
89. Dismissal of charges referred to higher authority.
90. Officers who are to act as commanding officers and appropriate

superior authorities.
91. Limitation on powers of summary dealing with charges.

COURT-MARTIAL: GENERAL PROVISIONS
92. Trial by, and powers of, ordinary Court-martial.
93. Trial by, and powers of field Court-martial.
94. Officers having powers to convene Courts-martial.
95. Constitution of ordinary Courts-martial.
96. Constitution of field Courts-martial.
97. Supplementary provisions as to constitution of Courts-martial.
98. Place for sitting of Courts-martial and adjournment to other places.

COURTS-MARTIAL: PROVISIONS RELATING TO TRIAL
99. Challenges by accused.
100. Administration of oaths.
101. Courts-martial to sit in open Court.
102. Dissolution of Courts-martial.
103. Decisions of Courts-martial.
104. Finding and sentence.
105. Power to convict of offence other than that charged.
106. Rules of evidence.
107. Privilege of witnesses and others at Courts-martial.
108. Offences by civilians in relation to Courts-martial.
109. Affirmations.

CONFIRMATION, REVISION AND REVIEW OF
PROCEEDINGS OF COURTS-MARTIAL

110. Confirmation of proceedings of Courts-martial.
111. Petitions against finding or sentence.

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SECTION

112. Revision of findings of Courts-martial.
113. Powers of confirming authorities.
114. Confirming authorities.
115. Approval required for death sentences.
116. Review of findings and sentences of Courts-martial.
117. Reconsideration of sentences of imprisonment and detention.

REVIEW OF SUMMARY FINDINGS AND SENTENCES
118. Review of summary findings and sentences.

FINDINGS OF INSANITY, ETC.
119. Provisions where accused found insane.

COMMENCEMENT, SUSPENSION AND DURATION OF SENTENCES
120. Commencement of sentences.
121. Duration of sentences of imprisonment or detention.
122. Restrictions on serving of sentences of detention in prisons.
123. Special provisions as to civil prisons in Trinidad and Tobago.
124. Special provisions as to carrying out or serving of sentences outside

Trinidad and Tobago.
125. Country in which sentence of imprisonment or detention to be

served.
126. Duties of officers in charge of prisons and others to receive

prisoners.

TRIAL OF PERSONS CEASING TO BE SUBJECT TO MILITARY LAW
UNDER THE ACT AND TIME LIMITED FOR TRIALS

127. Trial and punishment of offences under this Act where the offender
ceases to be subject thereto.

128. Limitation of time for trial of offences under this Act.

RELATIONS BETWEEN MILITARY AND CIVIL COURTS
AND FINALITY OF TRIALS

129. Powers of civil Courts.
130. Persons not to be tried under this Act for offences already

disposed of.

INQUIRIES
131. Boards of inquiry.
132. Inquiries into absence.

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ARRANGEMENT OF SECTIONS—Continued
SECTION

MISCELLANEOUS PROVISIONS
133. Restitution or compensation for theft, etc.
134. Appointment of judge advocate.
135. Promulgation.
136. Custody of proceedings of Court-martial and right of accused to a

copy thereof.
137. Indemnity for prison officers, etc.

INTERPRETATION
138. Interpretation of Part IV.
139. Rules of Procedure.
140. Imprisonment and Detention Rules.
141. Board of Inquiry Rules.
142. Miscellaneous Rules.

PART VI
APPEALS FROM COURTS-MARTIAL

143. Right of appeal.
144. Application for leave to appeal.
145. Determination of appeals in ordinary cases.
146. Powers of the Court of Appeal in special cases.
147. Appeals to Privy Council.
148. Supplementary powers of the Court of Appeal.
149. Proceedings to be heard in absence of appellants.
150. Defence of appeals.
151. Right of appellant to present his case in writing.
152. Suspension of death sentences.
153. Person not to be tried again where conviction quashed.
154. Removal of prisoners for purposes of proceedings under Part V.
155. Furnishing, on appeal, of documents relating to trial.
156. Duties of Registrar of the Supreme Court with respect to appeals, etc.
157. Saving of President’s powers.
158. Composition of Court.

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Defence Chap. 14:01 11

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SECTION

159. Exercise of certain powers of Court of Appeal by a judge.
160. General provisions.

PART VII
FORFEITURES AND DEDUCTIONS

161. Forfeitures and deductions: general provisions.
162. Forfeiture of pay for absence from duty.
163. Deductions for payment of civil penalties.
164. Compensation for loss occasioned by wrongful act or negligence.
165. Deductions for barrack damage.
166. Remission of forfeitures and deductions.
167. Enforcement of maintenance and affiliation orders by deduction

from pay.
168. Deductions from pay for maintenance of wife or child.
169. Limit of deductions under sections 167 and 168 and effect on

forfeiture.
170. Service of process in maintenance proceedings.

PART VIII
BILLETING AND REQUISITION OF VEHICLES

BILLETING
171. Billeting requisitions.
172. Premises in which the billets may be provided.
173. Provision of billets.
174. Accommodation to be provided and payment therefor.
175. Appeals against billeting.
176. Compensation for damage.
177. Refusal to receive persons billeted, etc.
178. Application to civilians employed with the Force.

REQUISITIONING OF VEHICLES
179. Requisitioning orders.
180. Provision of vehicles.
181. Period for which vehicle to be furnished.
182. Payment for vehicle furnished.
183. Avoidance or hardship in requisitioning of vehicles.

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ARRANGEMENT OF SECTIONS—Continued
SECTION

184. Record and inspection of mechanically-propelled vehicles.
185. Enforcement of provisions as to requisitioning.
186. Application to cattle, food, forage and stores.
187. Liability of State for damage by vehicles being delivered for

requisitioning.
188. Bringing into operation of sections 171 and 179.
189. Requisition of land for training, etc.

PART IX
GOVERNMENT AND GENERAL

PROVISIONS COMMAND
190. Command and precedence.
191. Chief of Defence Staff.
192. Regulations as to command.
193. Powers of command of members of co-operating forces.

REDRESS OF COMPLAINTS
194. Complaints by officers.
195. Complaints by other ranks.

EXEMPTIONS FOR MEMBERS OF THE FORCE
196. Exemption from jury service.
197. Exemptions from tolls, etc.
198. Exemption from taking in execution of property used for military

purposes.

PROVISIONS RELATING TO DESERTERS AND
ABSENTEES WITHOUT LEAVE

199. Arrest of deserters and absentees without leave.
200. Proceedings.
201. Deserters and absentees without leave surrendering to police.
202. Certificates of arrest or surrender of deserters and absentees.
203. Duties of superintendents of prisons and others to receive deserters

and absentees.

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OFFENCES RELATING TO MILITARY MATTERS
PUNISHABLE BY CIVIL COURTS

204. Punishment for pretending to be a deserter.
205. Punishment for procuring and assisting desertion.
206. Punishment for obstructing members of Force in execution of duty.
207. Punishment for aiding malingering.
208. Unlawful purchase, etc., of military stores.
209. Illegal dealings in documents relating to pay, pensions, mobilisation, etc.
210. Unauthorised use of and dealing in decorations, etc.

PROVISIONS AS TO EVIDENCE
211. General provisions as to evidence.
212. Proof of outcome of civil trial.
213. Evidence of proceedings of Court-martial.

MISCELLANEOUS PROVISIONS
214. Temporary reception in civil custody of persons under escort.
215. Avoidance of assignment of, or charge on military pay, pensions, etc.
216. Power of certain officers to take statutory declarations.
217. Retirement in the interest of the Force.

QUASI-MILITARY ORGANISATIONS AND UNLAWFUL
USE OF UNIFORMS AND DRILLING

218. (Repealed by Act No. 14 of 1996).
219. Prohibition of wearing Defence Force uniform, etc.
220. (Repealed by Act No. 14 of 1996).

PART X
RESERVE

221. Reservists.
222. Annual training.
223. Calling out of the reserve on temporary service.
224. Calling out of the reserve on permanent service.
225. Punishment for non-attendance.
226. Record of illegal absence.

SECTION

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ARRANGEMENT OF SECTIONS—Continued
SECTION

227. Discharge during service.
228. Regulations as to the reserve.

PART XI
VOLUNTEER DEFENCE FORCE

229. Interpretation.
230. Constitution of Force.
231. Appointment of Commander of the Volunteer Defence Force.
232. Appointment of Staff Officers.
233. Appointment of officers.
234. Enlistment.
235. Enrolment.
236. Oath of allegiance.
237. Period of service.
238. President empowered to call out Force to aid civil force.
239. Power to make Regulations.
240. Saving.

PART XII
APPLICATION OF THE ACT AND
SUPPLEMENTARY PROVISIONS

APPLICATION, TRANSFER AND ATTACHMENT
241. Persons subject to military law and application of the Act.
242. Application of Act to civilians.

FINANCIAL PROVISIONS AND REGULATIONS
243. Emoluments, pensions and gratuities appropriated out of funds.
244. Power to make Regulations.
244A. President may make Order.
245. Powers exercisable in Subsidiary Legislation.
246. Execution of orders, instruments, etc.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.

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Defence Chap. 14:01 15

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7 of 1962.

Commencement.

Short title.

Interpretation.
[35 of 1970
136/1976
32 of 1979].

CHAPTER 14:01

DEFENCE ACT

An Act to provide for the defence of Trinidad and Tobago by
the establishment of a Trinidad and Tobago Defence
Force and to provide for matters connected therewith
and incidental thereto.

[1ST JUNE 1962]

PART I

PRELIMINARY
1. This Act may be cited as the Defence Act.

2. In this Act—
“acting rank” means rank of any description (however called)

such that under regulations a commanding officer has power
to order the holder to revert from that rank; “acting warrant
officer” and “acting non-commissioned officer” shall be
construed accordingly;

“aircraft” means any machine for flying, whether propelled by
mechanical means or not, and includes any description of
balloon;

“aircraft material” includes—
(i) parts of, and components of or accessories for,

aircraft, whether for the time being in aircraft
or not;

(ii) engines, armaments, ammunition and bombs,
and other missiles of any description in, or for
use in, aircraft;

(iii) any other gear, apparatus or instruments in, or
for use in, aircraft;

(iv) any apparatus used in connection with the
taking-off or landing of aircraft or for detecting
the movement of aircraft; and

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(v) any fuel used for the propulsion of aircraft and
any material used as a lubricant for aircraft or
aircraft material;

“appropriate superior authority” has the meaning assigned to it
by section 86(1) and section 90(2);

“arrest” includes open arrest;
“before the enemy”, in relation to a person, means that he is in

action against the enemy or about to go into action against
the enemy or is under attack or threat of imminent attack by
the enemy;

“Board of Inquiry Rules” means rules with respect to the
convening, constitution and procedure of boards of inquiry
made by the Minister under section 141;

“the Chief of Defence Staff’ means the officer appointed by the
President under section 191;

“civil Court” means a Court of ordinary criminal jurisdiction, but
does not, except where otherwise expressly provided,
include any such Court outside the Commonwealth;

“civil offence” has the meaning assigned to it in section 78(2);
“colour service” means service under this Act otherwise than

service in the reserve;
“commanding officer” has the meaning assigned to it by

section 90(1);
“Commonwealth force” means any military force of such of the

countries as are listed in section 18 of the Constitution;
“competent military authority” means such officer as may be

prescribed;
“corresponding civil offence” has the meaning assigned to it by

section 78(2);
“corresponding rank”, in relation to any rank or rating in the

naval, military or air forces of the United Kingdom, means
such rank or rating in any other of those forces as may be
declared by Regulations to correspond therewith;

“Court-martial”, except where it is expressed to be under service
law, means a Court-martial under this Act;

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“damage” includes destruction and references to damaging shall
be construed accordingly;

“date of attestation”, in relation to any person, means the date on
which he is attested in accordance with regulations;

“decoration” includes medal, medal ribbon, clasp and good
conduct badge;

“desertion” shall be construed in accordance with section 47(2);
“enemy” includes all persons engaged in armed operations against

any of the forces of the United Kingdom and also includes all
armed mutineers, armed rebels, armed rioters and pirates;

“Imprisonment and Detention Rules” means rules regulating
imprisonment and detention made by the Minister under
section 140;

“military” when used adjectivally means connected to or
belonging to land, sea or air forces;

“Minister” means the member of Cabinet responsible for the
subject of defence;

“property” includes real property in Trinidad and Tobago and
property outside Trinidad and Tobago of the nature of
real property;

“provost officer” means a provost marshal or officer subject to
service law appointed to exercise the functions conferred by
or under service law on provost officers;

“public property” means any property belonging to the State or
held for the purposes thereof;

“recruiting officer” means a person authorised as such under
section 19;

“the reserve” means the body comprised of those persons who
are subject to reserve service or liability under Part X;

“reservist” means a member of the reserve;
“Rules of Procedure” means the Rules of Procedure, made by the

Minister under section 139;
“service” when used adjectivally, means belonging to or

connected with the Force or any part thereof;

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3 & 4 Eliz. 2
c. 18.
3 & 4 Eliz. 2
c. 19.
5 & 6 Eliz. 2
c. 53.

Ch. 11:12.

References to
“Force”, “men”,
“other rank” and
“regulations”.

Provisions as to
active service.

“service law” includes this Act, the Army Act 1955 of the United
Kingdom, the Air Force Act 1955 of the United Kingdom
and the Naval Discipline Act 1957 of the United Kingdom;

“ship” includes any description of vessel;
“steals” has the same meaning as in the Larceny Act;
“stoppages” means the recovery by deductions from the pay of

the offender, of a specified sum by way of compensation for
any expense, loss or damage occasioned by the offence;

“unit” includes any headquarters or a battalion or ship or other
body of the Force established and maintained in Trinidad
and Tobago under section 5 and declared by the President to
be a unit;

“warrant officer” includes a chief petty officer.

3. (1) In this Act, references to—
(a) “regulations” shall be construed as references to

regulations made under section 245;
(b) “other rank” shall be construed as references to

soldiers, sailors or airmen, as the case may
require, who do not hold officer rank;

(c) “men” shall be construed as references to
soldiers, sailors and airmen, as the case may
require, who do not hold officer, warrant officer
or non-commissioned officer rank.

(2) In this Act—
(a) “the Force” means the Trinidad and Tobago

Defence Force established under section 5;
(b) references to “the Force” includes reference to

any units formed under section 5(1)(c).

4. (1) In this Act, the expression “on active service”, in
relation to any unit, means that it is engaged in operations against
an enemy, and in relation to a person means that he is serving in
or with such a unit which is on active service.

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Defence Chap. 14:01 19

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Establishment
and
maintenance of
Force.
[32 of 1979].

*See Part B of Note on Omissions at page 2.

(2) Where it appears to the President that, by reason of
the imminence of active service or of the recent existence of
active service, it is necessary for the public service that a unit
should be deemed to be on active service, he may declare that for
such period, not exceeding three months, beginning with the
coming into force of the declaration as may be specified therein
that unit shall be deemed to be on active service.
(3) Where it appears to the President that it is necessary
for the public service that the period specified in a declaration
under subsection (2) should be prolonged or, if previously
prolonged under this section, should be further prolonged, he
may declare that the said period shall be prolonged by such time,
not exceeding three months, as may be specified in the
declaration under this subsection.
(4) If, at any time while any unit is deemed to be on
active service by virtue of the foregoing provisions of this section,
it appears to the President that there is no necessity for the unit to
continue to be treated as being on active service, he may declare
that as from the coming into operation of the declaration the unit
shall cease to be deemed to be on active service.

*5. (1) There shall be established and maintained in
Trinidad and Tobago a body of military forces styled “the
Trinidad and Tobago Defence Force” consisting of—
(a) a unit of land forces (hereinafter referred to as

“the Regiment”);
(b) a Coast Guard; and
(c) such other units as the President may from time

to time think fit to be formed, and styled by such
designation as the President shall declare by
Notification.

(2) Every unit shall be charged with the defence of
Trinidad and Tobago and with such other duties as may from time
to time be defined by the Council.

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Powers of
Officers, Petty
Officers and
men of the
Coast Guard.
[9 of 1963
25 of 2000].

Establishment
of Defence
Council.
[32 of 1979].

(3) The President may at any time order that any unit
or part thereof shall be employed out of or beyond Trinidad
and Tobago.
(4) The Minister may order that any officer or other
rank shall proceed to any place outside Trinidad and Tobago
for the purpose of undergoing instruction or training or for
duty or employment.

6. (1) An Officer, Petty Officer or man in command of any
unit of the Coast Guard, in any case where he has reasonable
cause to suspect that any vessel is engaged in any unlawful
operation whatever within the territorial archipelagic or internal
waters of Trinidad and Tobago, may stop and board and search,
with any assistance, any and every part of such vessel and if he
thinks it necessary may direct such vessel to proceed to such
place as he may specify.
(2) In exercise of the power conferred by subsection (1),
such Officer or Petty Officer or man may—
(a) pursue and detain with any assistance any

person whom he has reason to believe is
engaged in or assisting in the carrying on of any
unlawful operation as aforesaid;

(b) use such force as may be necessary to compel a
vessel to comply with any directions he may
give as to such vessel’s movements.

PART II

THE DEFENCE COUNCIL
7. (1) There is established a Defence Council (in this Act,
referred to as “the Council”) consisting of—
(a) the Minister, who shall be the Chairman;
(b) two other members of the Cabinet appointed by

the Prime Minister, one of whom shall be the
Vice-Chairman;

(c) the Chief of Defence Staff;

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Functions of the
Council.
[32 of 1979].

Procedure and
proceedings of
the Council.
[32 of 1979].

Establishment
of Commissions
Board.
[32 of 1979
16 of 1994].

(d) the Permanent Secretary in the Ministry
responsible for the Trinidad and Tobago
Defence Force, who shall be the Secretary.

(2) Where the Secretary is absent at a meeting of the
Council, the person presiding at the meeting may nominate any
member to perform the duties of Secretary for that meeting.
(3) Where a member referred to in subsection (1)(b) is by
reason of illness or otherwise temporarily unable to perform his
functions as a member, the Prime Minister may appoint some other
Minister to the Council during the period of such illness or inability.

8. (1) Subject to subsection (2), the Council shall be
responsible under the general authority of the Minister for the
command, administration and discipline of and all other matters
relating to the Force.
(2) The responsibility of the Council shall not extend to
the operational use of the Force for which responsibility shall
vest in the Chief of Defence Staff subject to the general or special
directions of the Minister.
(3) The Council may delegate its powers or duties to any
of its members and such delegation shall be published in the Gazette.

9. (1) The quorum of the Council shall be three members
of whom not more than two shall be members of the Cabinet.
(2) The Council may otherwise make Rules for the
proper discharge of its functions and the regulation of its
procedure and proceedings.

PART III

OFFICERS
10. (1) There is established a Commissions Board
(hereinafter referred to as “the Board”) appointed by the President
and consisting of—
(a) the Chairman of the Public Service Commission,

who shall be the Chairman;

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Board to make
recommendations
for appointment
or promotion up
to rank of
Major/Lieutenant
Commander.
[32 of 1979].
Recommendations
for appointment
for promotion of
other officers.
[32 of 1979].

President to act
in accordance
with
recommendation.
[32 of 1979].

Appeal to
Council.
[32 of 1979].

(b) a member of the Judicial and Legal Service
Commission;

(c) one member of the public;
(d) the Senior Regimental Battalion Commanding

Officer;
(e) the Commanding Officer of the Coast Guard.
(2) A member referred to in subsection (1)(b) or (c) shall
hold office for a period of not less than three nor more than five
years as may be specified in his instrument of appointment.
(3) Where the Senior Regimental Battalion Commanding
Officer or the Commanding Officer of the Coast Guard is also the
Chief of Defence Staff he shall nominate an officer to the President
to serve in his stead.
(4) An officer of the Force shall be Secretary of the Board.
(5) The Board may with the approval of the Minister
make Rules for the proper discharge of its functions and the
regulation of its proceedings.
11. The Board shall advise the President through the
Minister on appointments to commissions and promotions in the
Force up to the rank of Major/Lieutenant Commander.

12. The Minister, after consultation with the Prime Minister,
shall advise the President on appointments to commissions and
promotions in the Force above the rank referred to in section 11.
13. In making appointments or promotions under this Act,
the President shall act in accordance with the advice given by the
Board under section 11 or by the Minister under section 12, as the
case may be.
14. (1) A member of the Force who is aggrieved by the failure
of the Board to recommend him for an appointment to a commission
or a promotion may appeal to the Council through the Board.
(2) The Board shall act in conformity with any finding
or determination of the Council in respect of an appeal.

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Commissioning
and promotion
of officers.
[136/1976
32 of 1979].

First Schedule.

Appointment,
promotion, etc.,
of officers to be
Gazetted.
[32 of 1979].

Reserve of
officers.

Recruiting
officers.

Enlistment
Form.
[66 of 2000].

15. (1) The power of appointment to commissions in the
Force and the power of promotion of persons holding
commissions in the Force are vested in the President.
(2) Every officer on appointment to a commission shall
be issued with a commission in the form set out in the First
Schedule which commission shall be signed by the President.
16. The appointment of a person to a commission, the
promotion of an officer whether permanent or acting and the
retirement or resignation of an officer shall be notified in the Gazette.
17. A reserve of officers may be maintained consisting of
those officers of the Force who have been permitted to retire from
the active list.

PART IV

ENLISTMENT AND TERMS OF SERVICE
18. A person authorised in that behalf by the Minister may
enlist recruits in the Force in the prescribed manner.
19. (1) A recruiting officer shall give to a person offering to
enlist in the Force a notice in the prescribed form and shall not
enlist any person in the Force unless he is satisfied—
(a) by that person that he has been given such a

notice, understands it, and wishes to be enlisted;
(b) subject to subsection (2), that the person has not

attained the age of sixteen years.
(2) A recruiting officer shall not enlist a person between
the ages of sixteen years and eighteen years unless consent to the
enlistment has been given in writing—
(a) if the person offering to enlist is living with both

or one of his parents, by the parents or parent;
(b) if he is not living with both or one of his parents,

by any person (whether a parent or not) whose
whereabouts are known or can after reasonable
enquiry be ascertained and who has parental rights
and powers in respect of him, by that person;

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Terms of
enlistment.

Re-engagement
and continuance
in service.

(c) if there is not such person as is mentioned in
paragraph (b) or if after reasonable enquiry it
cannot be ascertained whether there is any such
person, by any person in whose care (whether in
law or in fact) the person offering to enlist may be.

(3) Where the recruiting officer is satisfied by the
production of a certified copy of an entry in the register of births
or by any other evidence appearing to him to be sufficient, that a
person offering to enlist has or has not attained the age of eighteen
years, that person is deemed for the purposes of this Act to have
attained or, as the case may be, not to have attained that age.
A document purporting to be a certificate signed by the recruiting
officer, stating that he is satisfied as aforesaid, is sufficient evidence,
until the contrary is proved, that he is so satisfied.

TERMS AND CONDITIONS OF SERVICE

20. (1) The term for which a person enlisting in the Force
may be enlisted is the term beginning with the date of his
attestation mentioned in this section.
(2) Where the person enlisting has attained the age of
eighteen years the said term is—
(a) such term not exceeding six years as may be

prescribed, being a term of colour service; or
(b) such term not exceeding twelve years as may be

prescribed, being as to such part thereof as may
be prescribed a term of colour service and as to
the remainder a term of service in the reserve.

RE-ENGAGEMENT AND EXTENSION OF SERVICE

21. (1) Any other rank of good character who at any time has
completed or is within two years before completing the term of his
colour service may with the approval of the competent military
authority re-engage for such period or periods of colour service and
in the reserve as may be prescribed, but such further period or
periods of colour service together with the original period of colour
service, shall not, except as provided by subsection (2), exceed a

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Prolongation of
service.
[32 of 1979].

Discharge.

Transfer to the
reserve.

total continuous period of twenty-two years’ colour service from
the date of the other rank’s original attestation or the date upon
which he attained the age of eighteen years, whichever is the later.
(2) Any other rank who has completed a period of twenty-
two years’ colour service may, if he so desires and with the approval
of the competent military authority, continue to serve from year to
year in all respects as if his term of colour service was still
unexpired except that he may claim discharge at the expiration of
any period of three months after he has given notice to the officer
under whose command he is serving of his wish to be discharged.

22. Any other rank whose term of colour service expires
during a state of war, insurrection, hostilities or public emergency
may be retained in the Force and his service prolonged for such
further period as the competent military authority, with the
approval of the Council, may direct.

DISCHARGE AND TRANSFER TO THE RESERVE

23. (1) Save as herein provided, every soldier upon becoming
entitled to be discharged shall be discharged with all convenient
speed but until discharged shall remain subject to military law.
(2) Except in pursuance of the sentence of a Court-
martial under service law, an other rank shall not be discharged
unless his discharge has been authorised by order of the competent
military authority.
(3) Every other rank shall be given on his discharge a
certificate containing such particulars as may be prescribed.

24. (1) Save as herein provided, every other rank upon
falling to be transferred to the reserve shall be transferred to the
reserve but until so transferred remains subject to military law.
(2) Notwithstanding anything contained in subsection (1),
the competent military authority may, when an other rank falls to be
transferred to the reserve, discharge him forthwith without giving
any reason, and in any such case the provisions of section 23 apply.

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Postponement
of discharge or
transfer pending
proceedings for
offences, etc.

Restrictions on
reduction in
rank of warrant
officers and
non-
commissioned
officers.
[32 of 1979].

Right of
warrant officer
to discharge on
reduction to
ranks.

Discharge upon
prescribed
grounds.

Right of soldier
to purchase
discharge.

25. (1) Notwithstanding anything in this Part, an other rank
is not entitled to be discharged or transferred to the reserve at a
time when he has become liable, as a person subject to military
law under this Act, to be proceeded against for an offence against
any of the provisions of service law; but if it is determined that
the offence is not to be tried by Court-martial, this subsection
does not apply.
(2) Notwithstanding anything in this Part, an other rank
who is serving a sentence of imprisonment or detention awarded
by a Court-martial under service law or by his commanding officer
is not entitled to be discharged or transferred to the reserve during
the currency of the sentence.

26. (1) A warrant officer or a non-commissioned officer shall
not be reduced in rank except by sentence of a Court-martial under
service law or by order of the President, Council or an officer
authorised by the Council to act for the purpose of this subsection.
(2) An authorisation under subsection (1) may be given
generally or subject to such limitations as may be prescribed.
(3) For the purposes of this section reduction in rank
does not include reversion from acting rank.

27. A warrant officer who is reduced to the ranks may
thereupon claim to be discharged unless a state of war,
insurrection, hostilities or public emergency exists.

28. An other rank may be discharged by a competent military
authority at any time during the currency of any term of
engagement upon such grounds as may be prescribed.

29. (1) Subject to this section, an other rank is entitled to
claim his discharge at any time after twelve weeks and within six
months from the date of his first attestation, and if he makes such
a claim, he shall, on payment of one hundred dollars, be
discharged with all convenient speed but until discharged shall
remain subject to military law under this Act.

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Rules for
reckoning
service.

Validity of
attestation and
enlistment.

(2) This section does not apply to an other rank who
immediately prior to the date of his first attestation was a member
of a Commonwealth force.
(3) Section 23 does not apply to an other rank
discharged under this section.
(4) Notwithstanding this section, an other rank is not
entitled to claim his discharge at a time when or so long as other
ranks are required to continue their colour service under section 22.

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

30. In reckoning the service of any other rank for discharge
or re-engagement or transfer to the reserve there shall be
excluded therefrom—
(a) all periods during which he has been absent

from his duty for any of the following causes,
that is to say—

(i) imprisonment;
(ii) desertion;
(iii) absence without leave exceeding twenty-

eight days; and
(b) any period ordered by a Court-martial to be forfeited.
31. (1) Where a person has made such declaration upon his
attestation as may be prescribed and has thereafter received pay
as an other rank—
(a) the validity of his enlistment is not to be called

in question on the grounds of any error or
omission in his attestation paper;

(b) after the expiration of a period of three months
from the date on which he made the declaration,
he shall be deemed to have been validly enlisted
notwithstanding any non-compliance with the
requirements of this Act or any regulations made
as to enlistment or attestation or any other ground
whatsoever (not being an error or omission in his
attestation paper) and he shall be deemed to be an
other rank until his discharge.

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UPDATED TO DECEMBER 31ST 2014

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False answers in
attestation
paper.

Aiding the
enemy.

(2) Where a person has received pay as an other rank without
having previously made a declaration under subsection (1), then—
(a) he shall be deemed to be an other rank until

discharged;
(b) he may claim his discharge at any time and if he

makes such claim, the claim shall be submitted
as soon as may be to the competent military
authority who shall cause him to be discharged
with all convenient speed.

(3) Nothing in this section shall be construed as
prejudicing the determination of any question as to the term for
which a person was enlisted or as preventing the discharge of a
person who has not claimed his discharge.

32. (1) Any person appearing before a recruiting officer for
the purpose of being attested who knowingly makes a false
answer to any question contained in the attestation paper and put
to him by or by the direction of the recruiting officer, is liable on
summary conviction to a fine of three hundred dollars or to
imprisonment for three months.
(2) For the avoidance of doubt it is hereby declared that
a person may be proceeded against under this section
notwithstanding that he has since become subject to military law.

PART V
DISCIPLINE AND TRIAL AND PUNISHMENT

OF MILITARY OFFENCES
TREACHERY, COWARDICE AND OFFENCES ARISING

OUT OF MILITARY SERVICE

33. (1) Any person subject to military law who, with intent
to assist the enemy—
(a) abandons or delivers up any place or post which

it is his duty to defend, or induces any person to
abandon or deliver up any place or post which it
is that person’s duty to defend;

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(b) does any act calculated to imperil the success of
operations of the Force, of any forces co-operating
therewith or of any part of any of those forces;

(c) having been made a prisoner of war, serves with
or aids the enemy in the prosecution of
hostilities or of measures calculated to influence
morale, or in any other manner whatsoever not
authorised by international usage;

(d) furnishes the enemy with arms or ammunition
or with supplies of any description; or

(e) harbours or protects an enemy not being a
prisoner of war,

is, on conviction by Court-martial, liable to suffer imprisonment
or less punishment.
(2) Any person subject to military law who knowingly
and without lawful excuse—
(a) abandons or delivers up any place or post which

it is his duty to defend, or induces any person to
abandon or deliver up any place or post which it
is that person’s duty to defend;

(b) does any act calculated to imperil the success of
operations of the Force, of any forces co-operating
therewith or of any part of any of those forces;

(c) having been made a prisoner of war, serves with
or aids the enemy in the prosecution of
hostilities or of measures calculated to influence
morale, or in any other manner whatsoever not
authorised by international usage;

(d) furnishes the enemy with arms or ammunition
or with supplies of any description; or

(e) harbours or protects an enemy not being a
prisoner of war,

is, on conviction by Court-martial, liable to suffer imprisonment
or less punishment.

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Communication
with the enemy.

Cowardly
behaviour.

34. (1) Any person subject to military law who, with intent
to assist the enemy, communicates with or gives intelligence to
the enemy is, on conviction by Court-martial, liable to suffer
death or less punishment.
(2) Any person subject to military law who without
authority communicates with or gives intelligence to the enemy
is, on conviction by Court-martial, liable to imprisonment or less
punishment.
(3) In this section, the expression “intelligence” means
information which is or purports to be information as to any
matter such that information about it would or might be directly
or indirectly useful to an enemy, and in particular (but without
prejudice to the generality of the foregoing provisions of this
subsection) as to any matter falling within the following
paragraphs, being a matter such that information as to it would or
might be useful as aforesaid, that is to say—
(a) the number, description, armament, equipment,

disposition, movement or condition of the Force
or of any forces co-operating therewith;

(b) any operations or projected operations of any of
such forces, ships or aircraft as aforesaid;

(c) any code, cipher, call sign, password or
countersign;

(d) any measures for the defence or fortification of
any place on behalf of the Government;

(e) munitions of war.

35. (1) Any person subject to military law who when before
the enemy—
(a) leaves the post, position or other place where it

is his duty to be; or
(b) throws away his arms, ammunition or tools, in

such a manner as to show cowardice, or otherwise
behaves in such a manner as to show cowardice,

is guilty of an offence against this section.

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Offences against
morale.

Becoming a
prisoner of war
through
disobedience or
wilful neglect;
and failure to
rejoin forces.

Offences by or
in relation to
sentries, etc.

(2) Any person subject to military law who when before
the enemy induces any other person subject to service law and
before the enemy to commit an offence under subsection (1) is
guilty of an offence against this section.
(3) Any person guilty of an offence against this section
is, on conviction by Court-martial, liable to imprisonment or less
punishment.

36. Any person subject to military law who—
(a) spreads (whether orally, in writing, by signal, or

otherwise) reports relating to operations of the
Force or of any forces co-operating therewith, or
of any part of any of those forces, being reports
calculated to create despondency or unnecessary
alarm; or

(b) when before the enemy, uses words calculated
to create despondency or unnecessary alarm,

is, on conviction by Court-martial, liable to imprisonment or less
punishment.

37. (1) Any person subject to military law who, through
disobedience to orders or wilful neglect of his duty, is captured
by the enemy, is guilty of an offence against this section.
(2) Any person subject to military law who, having been
captured by the enemy, fails to take, or prevents or discourages
any other person subject to service law who has been captured by
the enemy from taking, any reasonable steps to rejoin the force
which are available to him or, as the case may be, to that other
person is guilty of an offence against this section.
(3) Any person guilty of an offence against this section
is, on conviction by Court-martial, liable to imprisonment or less
punishment.

38. (1) Any person subject to military law who, while on
guard duty—
(a) sleeps at his post;

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(b) when not on duty at a post, is asleep at a time
when he is not allowed to be asleep;

(c) is drunk; or
(d) leaves his post without having been regularly

relieved or otherwise absents himself from any
place where it is his duty to be,

is guilty of an offence against this section.
(2) For the purposes of this section a person shall be
treated as being drunk if owing to the influence of alcohol or any
drugs whether alone or in combination with any other
circumstances, he is unfit to be entrusted with his duty.
(3) Any person subject to military law who strikes or
otherwise uses force against a person on guard duty, being a
member of any unit of the Force or of any forces co-operating
therewith, or by the threat of force compels that person to let him
or any other person pass, is guilty of an offence against this section.
(4) Any person guilty of an offence against this section is,
on summary conviction by Court-martial, liable to imprisonment
or less punishment, but if the offence is not committed on active
service he is not liable to be imprisoned for more than two years.
(5) References in this section to a person on guard duty
are references to a person who—
(a) is posted or ordered to patrol or has adopted the

position of sentry at a post or has undertaken the
patrol; or

(b) is a member of a guard or other party mounted
or ordered to patrol,

for the purpose of protecting any person, premises or place.
(6) This section applies to persons posted or ordered to
patrol or who have adopted the position of sentries at a post or
have undertaken the patrol, and to the members of a party
mounted or ordered to patrol, for the purpose of preventing or
controlling access to or egress from any premises or place, or of
regulating traffic by road, by rail or on any inland navigation,
as it applies to persons on guard duty.

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Sleeping on
watch or
abandoning
post.

Looting.

Mutiny.

39. (1) Any person subject to military law who is attached to
any ship of the Force and who, being in the presence or vicinity of
the enemy or under orders to be prepared for action by or against
the enemy, abandons his post improperly or sleeps upon his watch
is, on conviction by Court-martial, liable to imprisonment for any
term or less punishment.
(2) Any person subject to military law who is attached
to any ship of the Force and who, not being in the presence or
vicinity of the enemy or under such orders as mentioned above,
abandons his post improperly or sleeps upon his watch is liable
to imprisonment for a term of two years or less punishment.

40. Any person subject to military law who—
(a) steals from, or with intent to steal, searches the

person of anyone killed or wounded in the
course of warlike operations;

(b) steals any property which has been left exposed
or unprotected in consequence of warlike
operations; or

(c) takes otherwise than for the public service any
vehicles, equipment or stores abandoned by
the enemy,

is guilty of looting and, on conviction by Court-martial, liable to
imprisonment or less punishment.

MUTINY AND INSUBORDINATION

41. (1) Any person subject to military law who—
(a) takes part in a mutiny involving the use of

violence or the threat of the use of violence, or
having as its object or one of its objects the refusal
or avoidance of any duty or service against, or in
connection with operations against, the enemy, or
the impeding of the performance of any such duty
or service; or

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UPDATED TO DECEMBER 31ST 2014

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Failure to
suppress mutiny.

(b) incites any person subject to service law to take
part in such a mutiny, whether actual or intended,

is, on conviction by Court-martial, liable to suffer death or less
punishment.
(2) Any person subject to military law who, in a case not
falling within subsection (1), takes part in a mutiny, or incites any
person subject to service law to take part in a mutiny, whether
actual or intended, is, on conviction by Court-martial, liable to
imprisonment or less punishment.
(3) In this Act, the expression “mutiny” means a
combination between two or more persons subject to service
law, or between persons two at least of whom are subject to
service law—
(a) to overthrow or resist lawful authority in the

Force or any forces operating therewith or in
any part of any of the said forces;

(b) to disobey such authority in such circumstances
as to make the disobedience subversive of
discipline, or with the object of avoiding any
duty or service against, or in connection with
operations against, the enemy;

(c) to impede the performance of any duty or service in
the Force or in any forces co-operating therewith or
in any part of any of the said forces; or

(d) steals any property which has been left exposed
or unprotected in consequence of any state of
emergency declared by the President.

42. Any person subject to military law who, knowing that a
mutiny is taking place or is intended—
(a) fails to use his utmost endeavours to suppress or

prevent it; or
(b) fails to report without delay that the mutiny is

taking place or is intended,
is, on conviction by Court-martial,

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Insubordinate
behaviour.

Disobedience to
particular
orders.

Obstruction of
provost officers.

(i) if his offence was committed with intent
to assist the enemy, liable to suffer death
or less punishment; and

(ii) in any other case, liable to imprisonment
or less punishment.

43. (1) Any person subject to military law who—
(a) strikes, or otherwise uses violence to, or offers

violence to, his superior officer; or
(b) uses threatening or insubordinate language to

his superior officer,
is, on conviction by Court-martial, liable to imprisonment or less
punishment, but such person is not liable to be imprisoned for
more than two years if the offence was not committed on active
service, and did not involve the striking or other use of violence,
or offering of violence, to a superior officer exercising authority
as such.
(2) The expression “superior officer”, in relation to any
person, means an officer, warrant officer or non-commissioned
officer subject to service law of superior rank, and includes such
an officer, warrant officer or non-commissioned officer of equal
rank but greater seniority.

44. (1) Any person subject to military law who, in such
manner as to show a wilful defiance of authority, disobeys any
lawful command given or sent to him personally is, on conviction
by Court-martial, liable to imprisonment or less punishment.
(2) Any person subject to military law who, whether
wilfully or through neglect, disobeys any lawful command is, on
conviction by Court-martial, liable to imprisonment or less
punishment; but if the offence was not committed on active
service he is not liable to be imprisoned for more than two years.
45. Any person subject to military law who—
(a) obstructs; or
(b) when called on, refuses to assist,

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Disobedience to
standing orders.

Desertion.

any person known to him to be a provost officer, or to be a
person (whether subject to military law or not) lawfully
exercising authority under or on behalf of a provost officer, is,
on conviction by Court-martial, liable to imprisonment for two
years or less punishment.

46. (1) Any person subject to military law who contravenes
any provision of orders to which this section applies, being a
provision known to him, or which he might reasonably be
expected to know, is, on conviction by Court-martial, liable to
imprisonment for two years or less punishment.
(2) This section applies to standing orders or other
routine orders of a continuing nature made for any formation or
unit or body of troops, or for any command or other area, garrison
or place, or for any ship, train or aircraft.

DESERTION, ABSENCE WITHOUT LEAVE, ETC.

47. (1) Any person subject to military law who—
(a) deserts; or
(b) persuades or procures any person subject to

service law to desert,
is, on conviction by Court-martial, liable to imprisonment or less
punishment; but a person is not liable to be imprisoned for more
than two years unless—
(i) in the case of an offence under paragraph

(a), he was on active service or under
orders for active service at the time when
it was committed; or

(ii) in the case of an offence under paragraph
(b), the person in relation to whom it was
committed was on active service or under
orders for active service at that time.

(2) A person deserts who—
(a) leaves the Force or, when it is his duty to do so,

fails to join or rejoin the Force, with (in either

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Absence
without leave.

Assisting and
concealing
desertion and
absence without
leave.

case) the intention, subsisting at the time of the
leaving or failure or formed thereafter, of
remaining permanently absent from his duty; or

(b) being an officer, enlists in or enters any of the
forces of the United Kingdom without having
resigned his commission, or being an other rank
enlists in or enters any Commonwealth force
without having been discharged from his
previous enlistment,

and references in this Act to desertion shall be construed accordingly.
(3) Subject to subsection (4), the Court-martial by whom
an other rank is convicted of desertion may, in addition to or in lieu
of any punishment provided for by subsection (1), direct that the
whole or any part of his service previous to the period in respect of
which he is convicted of having been a deserter shall be forfeited.
(4) Subsection (3) does not apply to reservists called out
on permanent service.
48. Any person subject to military law who—
(a) absents himself without leave; or
(b) persuades or procures any person subject to

service law to absent himself without leave,
is liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.
49. Any person subject to military law who—
(a) knowingly assists any person subject to service

law to desert or absent himself without leave; or
(b) knowing that any person subject to service law

has deserted or absented himself without leave,
or is attempting to desert or absent himself
without leave, fails to report that fact without
delay, or fails to take any steps in his power to
cause that person to be apprehended,

is liable, on conviction by Court-martial, to imprisonment for a
term of two years or less punishment.

UNOFFICIAL VERSION


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Failure to
perform
military duties.

Malingering.

Drunkenness.

50. Any person subject to military law who without
reasonable excuse fails to attend for any parade or other military
duty of any description or leaves any such parade or duty before
he is permitted to do so is liable, on conviction by Court-martial,
to imprisonment for two years or less punishment.

MALINGERING AND DRUNKENNESS
51. (1) Any person subject to military law who—
(a) falsely pretends to be suffering from sickness or

disability;
(b) injures himself with intent thereby to render

himself unfit for service, or causes himself to be
injured by any person with that intent;

(c) injures another person subject to service law, at
the instance of that person, with intent thereby
to render that person unfit for service; or

(d) with intent to render or keep himself unfit for
service, does or fails to do anything (whether at
the time of the act or omission he is in hospital
or not) whereby he produces, or prolongs, or
aggravates, any sickness or disability,

is guilty of malingering and is liable, on conviction by Court-
martial, to imprisonment for two years or less punishment.
(2) In this section the expression “unfit” includes
temporarily unfit.
52. (1) Any person subject to military law who is guilty of
drunkenness, whether on duty or not, is liable, on conviction by
Court-martial, to imprisonment for two years or less punishment;
but where the offence is committed by an other rank neither on
active service nor on duty the sentence imposed shall not exceed
detention for a period of six months.
(2) For the purpose of this section a person is guilty of
drunkenness if owing to the influence of alcohol or any drug,
whether alone or in combination with any other circumstances,
he is unfit to be entrusted with his duty or with any duty which
he may be called upon to perform, or behaves in a disorderly
manner or in any manner likely to bring discredit on the Force.

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Offences in
relation to
public and
service
property.

Offences in
relation to
property of
members of
forces.

Miscellaneous
offences relating
to property.

OFFENCES RELATING TO PROPERTY

53. Any person subject to military law who—
(a) steals or fraudulently misapplies any public or

service property, or is concerned in or connives
at the stealing or fraudulent misapplication of
any public or service property;

(b) receives any public or service property knowing
or having reason to believe it to have been stolen
or to have been fraudulently misapplied;

(c) wilfully damages, or is concerned in the wilful
damage of, any public or service property; or

(d) by wilful neglect causes damage by fire to any
public or service property,

is liable, on conviction by Court-martial, to imprisonment or less
punishment.

54. Any person subject to military law who—
(a) steals or fraudulently misapplies any property

belonging to a person subject to service law, or
is concerned in or connives at the stealing or
fraudulent misapplication of any such property;

(b) receives any such property knowing or having
reason to believe it to have been stolen or to
have been fraudulently misapplied; or

(c) wilfully damages, or is concerned in the wilful
damage of, any property belonging to a person
subject to service law,

is liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.

55. (1) Any person subject to military law who—
(a) loses any public or service property of which he

has the charge or which has been entrusted to his
care or which forms part of property of which he
has the charge or which has been entrusted to
his care;

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Billeting
offences.

(b) by negligence damages any public or service
property of which he has the charge or which
has been entrusted to his care or which forms
part of property of which he has charge or which
has been entrusted to his care;

(c) by negligence causes damage by fire to any
public or service property;

(d) fails to take proper care of any animal or bird
used in the public service which is in his
charge; or

(e) makes away (whether by pawning, selling,
destruction or in any other way) with any military,
naval or airforce decoration granted to him or any
clothing, arms, ammunition or other equipment
issued to him for his use for military purposes,

is liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.
(2) It is a defence for any person charged under
subsection (1)(a) with losing any property that he took
reasonable steps for the care and preservation thereof.

OFFENCES RELATING TO BILLETING AND
REQUISITIONING OF VEHICLES

56. Any person subject to military law who—
(a) knowing that no billeting requisition is in force

under Part VIII authorising him to demand any
billets or that he is otherwise not authorised to
demand them, obtains those billets or orders or
procures another person to obtain them;

(b) takes or agrees to take, or demands, from a person
on whom he or any other person or any vehicle is
or is to be billeted in pursuance of a billeting
requisition under Part VIII any money or thing as
consideration for not requiring, or ceasing to
require, accommodation for himself or that other
person or standing room for the vehicle; or

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Offences in
relation to
requisitioning of
vehicles.

(c) commits any offence against the person or
property of the occupier of premises in which he
is billeted in pursuance of a billeting requisition
under Part VIII or of any other person being in
those premises, or wilfully or by wilful neglect
damages those premises or any such property as
mentioned above,

is liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.

57. (1) Any person subject to military law who—
(a) knowing that no requisitioning order is in force

under Part VIII authorising him to give
directions for the provision of any vehicle, or
that he is otherwise not authorised to give such
directions, gives directions for the provision of
the vehicle or orders or procures another person
to give such directions;

(b) in purported exercise of powers conferred by a
requisitioning order under Part VIII takes, or
orders or procures any other person to take,
possession of a vehicle knowing that no
requisitioning order is in force under the said
Part VIII under which the taking possession of
the vehicle could be authorised, or that the
taking possession thereof is otherwise not
authorised under such an order; or

(c) takes or agrees to take, or demands, from any
person any money or thing as consideration for
directions, or any particular directions, for the
provision of a vehicle not being given, or
possession of a vehicle not being taken or not
being retained, under a requisitioning order
under Part VIII,

is liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.

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Dangerous
flying, loss or
hazarding of
ships.

Inaccurate
certification of
aircraft, etc.

Low flying.

Annoyance by
flying.

Irregular arrest
and
confinement.

(2) Subsection (1) applies in relation to horses, mules,
donkeys and oxen, food, forage and stores (within the meaning of
Part VIII) as it applies in relation to vehicles.

FLYING, ETC., OFFENCES

58. Any person subject to military law who, either wilfully
or by negligence—
(a) causes or allows to be lost, stranded or hazarded

any ships belonging to the Force;
(b) uses any aircraft or aircraft material in a manner

which causes or is likely to cause loss of life or
bodily injury to any person,

is liable, if he acts wilfully or with wilful neglect, to
imprisonment for any term or less punishment, and in any other
case to imprisonment for two years or less punishment.

59. Any person subject to military law who signs any
certificate in relation to an aircraft or to aircraft material without
ensuring the accuracy of the certificate is liable, on conviction by
Court-martial, to imprisonment for two years or less punishment.

60. Any person subject to military law who, being the pilot
of an aircraft belonging to the Force, flies it at a height less than
the minimum height authorised by regulations in the
circumstances is liable, on conviction by Court-martial, to
imprisonment for two years or less punishment.

61. Any person subject to military law who, being the pilot of
an aircraft of the Force, flies it so as to cause, or to be likely to
cause, unnecessary annoyance to any person is liable, on conviction
by Court-martial, to imprisonment for two years or less punishment.

OFFENCES RELATING TO, AND BY, PERSONS IN CUSTODY

62. (1) Any person subject to military law who, when
another person subject thereto is under arrest—
(a) unnecessarily delays the taking of such steps

as it is his duty to take for investigating the

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allegations against that other person or for
having the allegations against that other person
investigated by his commanding officer or an
appropriate superior authority or, as the case
may be, tried by Court-martial; or

(b) fails to release, or effect the release of, that other
person when it is his duty to do so,

is guilty of an offence against this section.
(2) Any person subject to military law who, having
committed a person (in this subsection and subsection (3)
referred to as “the prisoner”) to the custody of any provost officer
or other officer, or any warrant officer or non-commissioned
officer, fails without reasonable cause to deliver—
(a) at the time of the committal; or
(b) if it is not practicable to do so at the time of the

committal, then within twenty-four hours
thereafter,

to the person to whose custody the prisoner was committed a
report in writing signed by himself of the offence which the
prisoner is alleged to have committed, is guilty of an offence
against this section.
(3) Where the prisoner is committed to the charge of a
person subject to military law under this Act who is in command
of a guard, then, if without reasonable cause that person does not
as soon as he is relieved from his guard and any further duty or,
if he is not sooner relieved, within twenty-four hours after the
committal, give to the officer to whom it is his duty to report—
(a) a written statement containing so far as known

to him, the prisoner’s name and alleged offence
and the name and rank or other description of
the officer or other person by whom the prisoner
is alleged to have committed the offence; and

(b) if he has received it, the report required by
subsection (2),

he is guilty of an offence against this section.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Permitting
escape, and
unlawful release
of prisoners.

Resistance
to arrest.

Escape from
confinement.

(4) Any person found guilty of an offence against this
section is liable, on conviction by a Court-martial, to
imprisonment for two years or less punishment.

63. (1) Any person subject to military law who wilfully
allows to escape any person who is committed to his charge, or
whom it is his duty to guard, is liable, on conviction by Court-
martial, to imprisonment or less punishment.
(2) Any person subject to military law who—
(a) without proper authority releases any person

who is committed to his charge; or
(b) without reasonable excuse allows to escape any

person who is committed to his charge, or whom
it is his duty to guard,

is liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.

64. (1) Any person subject to military law who, being
concerned in any quarrel or disorder, refuses to obey any officer
who orders him into arrest, or strikes or otherwise uses violence to,
or offers violence to, any such officer, is guilty of an offence
against this section whether or not the officer is his superior officer.
(2) Any person subject to military law who strikes or
otherwise uses violence to, or offers violence to, any person,
whether subject to this Act or not, whose duty it is to apprehend
him or in whose custody he is, is guilty of an offence against this
section.
(3) Any person guilty of an offence against this section
is liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.

65. Any person subject to military law who escapes from
arrest, prison or other lawful custody (whether military or not) is
liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.

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Offences in
relation to
contempt of
Courts-martial.

OFFENCES IN RELATION TO COURTS-MARTIAL
AND CIVIL AUTHORITIES

66. (1) Any person subject to military law who—
(a) being duly summoned or ordered to attend as a

witness before a Court-martial, makes default in
attending;

(b) refuses to take an oath or make a solemn
affirmation lawfully required by a Court-martial
to be taken or made;

(c) refuses to produce any document in his custody
or under his control lawfully required by a
Court-martial to be produced by him;

(d) refuses when a witness to answer any question
to which a Court-martial may lawfully require
an answer;

(e) wilfully insults any person, being a member of a
Court-martial or a witness or any other person
whose duty it is to attend on or before the Court,
while that person is acting as a member thereof
or is so attending, or wilfully insults any such
person as mentioned above while that person is
going to or returning from the proceedings of
the Court; or

(f) wilfully interrupts the proceedings of a Court-
martial or otherwise misbehaves before the Court,

is liable, on conviction by a Court-martial, other than the Court
in relation to which the offence was committed, to imprisonment
for two years or less punishment; and where an offence against
paragraph (e) or (f) is committed at or in relation to any Court-
martial, that Court-martial may, under the hand of the president,
issue an order that the offender undergo, for a period not
exceeding twenty-one days, a term of imprisonment or detention.
(2) Notwithstanding anything in subsection (1), where an
offence against paragraph (e) or paragraph (f) of that subsection is
committed in relation to any Court-martial that Court, if of opinion
that it is expedient that the offender should be dealt with summarily

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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False evidence.

Obstruction of
police officer,
arresting officer
or soldier.

Injurious
disclosures.

by the Court instead of being brought to trial before another
Court-martial, may by order under the hand of the president order
the offender to be imprisoned for a period not exceeding twenty-one
days or, in the case of an other rank, either to be imprisoned for
such a period or to undergo detention for such a period.
(3) References in subsection (1)(a) to (f) to a Court-
martial include references to a Court-martial held in pursuance of
service law.

67. (1) Any person subject to military law who, having been
lawfully sworn as a witness or as an interpreter in proceedings
before a Court-martial under service law or before any board or
person having power under service law to administer oaths, makes
a statement material in those proceedings which he knows to be
false or does not believe to be true is liable, on conviction by
Court-martial, to imprisonment for two years or less punishment.
(2) A person is not liable to be convicted of an offence
against this section solely upon the evidence of one witness as to
the falsity of any statement alleged to be false.

68. Any person subject to military law who at any place in
the Commonwealth prevents or obstructs—
(a) the execution by a police officer of a warrant for

the arrest of a person subject to service law who
has committed or is suspected of having
committed an offence punishable on conviction
by a civil Court; or

(b) the arrest of a person subject to service law by a
police officer acting in the exercise of his
powers of arrest without warrant,

is liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.

MISCELLANEOUS OFFENCES

69. (1) Any person subject to military law who without
authority discloses, whether orally, in writing, by signal or by any

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Making of false
statements on
enlistment.

Making of false
documents.

other means whatsoever, any information which is or purports to
be information useful to an enemy is liable, on conviction by
Court-martial, to imprisonment for two years or less punishment.
(2) In this section, the expression “information useful to
an enemy” means information as to any matter which is capable
of being directly or indirectly useful to an enemy, and in
particular information as to any matter falling within the
following paragraphs:
(a) the number, description, armament equipment,

disposition, movement or condition of any of
the Force or of any forces co-operating
therewith, or any of the ships or aircraft of the
force or of the ships or aircraft of any such co-
operating force;

(b) any operations or projected operations of any of
such forces, ships or aircraft as mentioned above;

(c) any code, cipher, call sign, password or
countersign;

(d) any measures for the defence or fortification of
any place on behalf of the Government;

(e) the number, description or location of any
prisoners of war; or

(f) munitions of war.

70. Any person who knowingly makes a false answer to any
question set forth in any document required to be completed in
relation to his enlistment and who subsequently becomes subject
to military law is liable, on conviction by Court-martial, to
imprisonment for three months or less punishment.

71. Any person subject to military law who—
(a) makes, signs or makes an entry in any service

report, return, pay list or certificate or other service
document, being a document or entry which is to
his knowledge false in a material particular;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Scandalous
conduct of
officer.

Ill-treatment of
officers or men
of inferior rank.

(b) alters any service report, return, pay list or
certificate or other service document, or alters
any entry in such a document, so that the
document or entry is to his knowledge false in a
material particular, or suppresses, defaces or
makes away with any such document or entry
which it is his duty to preserve or produce;

(c) with intent to defraud, fails to make an entry in
any such document; or

(d) aids, abets, commands, counsels, procures or
connives at the commission by another person
subject to service law of an offence against this
section or the corresponding section of the
appropriate service law, as the case may be
(whether or not he knows the nature of the
document in relation to which that offence will
be committed),

is liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.

72. Any officer subject to military law who behaves in a
scandalous manner, unbecoming the character of an officer and a
gentleman, shall, on conviction by a Court-martial, be cashiered.

73. Where—
(a) an officer subject to military law strikes or

otherwise ill-treats an officer subject to service
law of inferior rank or less seniority or an other
rank subject to service law; or

(b) a warrant officer or non-commissioned officer
subject to military law strikes or otherwise ill-
treats a person subject to service law, being of
inferior rank or less seniority,

he is liable, on conviction by Court-martial, to imprisonment for
two years or less punishment.

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Disgraceful
conduct.

False
accusation.

Attempts to
commit military
offences.

Conduct to
prejudice of
military
discipline.

Civil offences.

74. Any person subject to military law who is guilty of
disgraceful conduct of a cruel, indecent or unnatural kind is
liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.

75. Any person subject to military law who—
(a) makes an accusation against an officer or an other

rank subject to service law, which he knows to be
false or does not believe to be true; or

(b) in making a complaint where he thinks himself
wronged, makes a statement affecting the
character of an officer or other rank subject to
service law, which he knows to be false or does
not believe to be true or wilfully suppresses any
material facts,

is liable, on conviction by Court-martial, to imprisonment for two
years or less punishment.

76. Any person subject to military law who attemps to
commit an offence against sections 36 to 75 is liable, on
conviction by Court-martial, to the like punishment for that
offence, but where the offence is one punishable by death, he is
not liable to any greater punishment than imprisonment.

77. Any person subject to military law who is found guilty of
any conduct or neglect to the prejudice of good order and military
discipline is liable, on conviction by Court-martial, to
imprisonment for two years or less punishment.

CIVIL OFFENCES

78. (1) Subject to this section, any person subject to military
law who commits a civil offence is guilty of an offence against
this section.
(2) In this Act, the expression “civil offence” means any
act punishable by the law of Trinidad and Tobago or which, if
committed in Trinidad and Tobago, would be punishable by such

UNOFFICIAL VERSION


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Ch. 11:03.

Punishment of
officers.

law and in this Act the expression “corresponding civil offence”
means the civil offence the commission of which constitutes an
offence against this section.
(3) A person convicted by Court-martial of an offence
against this section is—
(a) if the corresponding civil offence is treason or

murder, liable to suffer death; and
(b) in any other case, liable to suffer any

punishment or punishments which a civil Court
could award for the corresponding civil offence,
being a punishment or punishments herein
provided for or such punishment, less than the
maximum punishment, which a civil Court
could so award, as is so provided; but where a
civil Court could not so award imprisonment, a
person so convicted is liable to suffer such
punishment, less than cashiering in the case of
an officer, or discharge with disgrace in the case
of an other rank, as is so provided.

(4) A person shall not be charged with an offence
against this section committed in Trinidad and Tobago if the
corresponding civil offence is treason, murder, manslaughter,
rape or an offence under section 3 of the Treason Act.
(5) Where the corresponding civil offence is murder or
manslaughter, an offence against this section is deemed, for the
purposes of subsection (3), to have been committed at the place
of the commission of the act or occurrence of the neglect which
caused the death, irrespective of the place of the death.

PUNISHMENTS

79. (1) The punishments which may be imposed on an
officer by sentence of a Court-martial are, subject to the
limitations herein provided on the powers of certain Courts-
martial, those set out in the following scale:
(a) death;
(b) imprisonment;
(c) cashiering;

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Punishment of
other ranks.

(d) dismissal from the service of the State;
(e) fine of a sum not exceeding the equivalent of

ninety days pay;
(f) forfeiture of seniority;
(g) severe reprimand or reprimand;
(h) where the offence has occasioned any expense,

loss or damage, stoppages,
and, in relation to an officer, references in this Act to punishments
provided by this Act are references to these punishments.
(2) Where a punishment is specified in this Part as a
penalty for an offence committed by an officer and it is further
provided in the alternative that on conviction the offender is
liable to less punishment, the expression “less punishment”
means any one or more of the punishments lower in the scale of
punishments than the specified punishment.
(3) Save as expressly provided herein, not more than one
punishment shall be imposed by a Court-martial for one offence.
(4) Stoppages may be imposed by a Court-martial either
in addition to or without any other punishment.
(5) A severe reprimand or reprimand may be imposed
by a Court-martial in addition to a fine imposed under
subsection (1)(e).
(6) Where the punishment awarded is a severe reprimand,
the Court-martial may in addition award a forfeiture of seniority.
(7) Where an officer is sentenced by a Court-martial to
imprisonment, he shall also be sentenced to be cashiered; but if
the Court-martial fails to sentence him to be cashiered, the
sentence of imprisonment is not invalid but shall be deemed to
include a sentence of cashiering.
80. (1) The punishments which may be imposed on an other
rank by sentence of Court-martial are, subject to the limitations
herein provided on the powers of certain Courts-martial, those set
out in the following scale:
(a) death;
(b) imprisonment;

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(c) discharge with ignominy from the Force;
(d) in the case of a warrant officer, dismissal from

the Force;
(e) detention for a term not exceeding two years;
(f) in the case of a warrant officer or non-

commissioned officer, reduction to the ranks of
any less reduction in rank;

(g) fine of a sum not exceeding the equivalent of
ninety days pay;

(h) where the offence is desertion, forfeiture of
service;

(i) in the case of a warrant officer or non-
commissioned officer, severe reprimand or
reprimand;

(j) where the offence has occasioned any expense,
loss or damage, stoppages,

and, in relation to an other rank, references in this Act to
punishments provided by this Act are references to these
punishments.
(2) Where a punishment is specified by this Part as a
penalty for an offence committed by an other rank, and it is
further provided in the alternative that on conviction the offender
is liable to less punishment, the expression “less punishment”
means any one or more of the punishments lower in the scale of
punishments than the specified punishment; but detention shall
not be deemed to be less punishment than imprisonment if the
term of detention is longer than the term of imprisonment.
(3) Save as expressly provided herein, not more than
one punishment shall be imposed on an other rank by a Court-
martial for one offence.
(4) An other rank sentenced by a Court-martial to
imprisonment for a term exceeding forty-two days shall in addition
thereto be sentenced to be discharged from the Force; and if the
Court-martial fails to sentence him to be discharged, the sentence is
not invalid but shall be deemed to include a sentence of discharge.

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Field
punishment.

(5) Where a warrant officer or non-commissioned
officer is sentenced by a Court-martial to imprisonment or
detention, he shall also be sentenced to be reduced to the ranks;
but if the Court-martial fails to sentence him to be so reduced, the
sentence is not valid but shall be deemed to include a sentence of
reduction to the ranks.
(6) In the case of a warrant officer or non-
commissioned officer a severe reprimand or reprimand may be
imposed by a Court-martial in addition to a fine imposed under
subsection (1)(g).
(7) Stoppages may be imposed by a Court-martial either
in addition to or without any other punishment.
(8) Where an offender has been sentenced by a Court-
martial to detention, then if he is subsequently sentenced by a Court-
martial to imprisonment any part of the sentence of the detention
which has not yet been served shall thereupon be remitted.
(9) Without prejudice to the validity of any award, an
offender shall not be kept continuously in detention for more than
two years.

81. (1) In relation to an offence committed by an other rank
on active service, the scale set out in section 80(1) has effect as if
after paragraph (e) thereof there was inserted the following
paragraph:
“(ee) field punishment for a period not exceeding

ninety days;”,
and section 80(5) applies to field punishment as it applies to
imprisonment or detention.
(2) Field punishment consists of such duties or drills, in
addition to those which the offender may be required to perform
if he were not undergoing punishment, and such loss of privileges
as may be provided by and under rules made under this Part, and
may include confinement in such place and manner as may be so
provided and such personal restraint as may be necessary to
prevent the escape of the offender and as may be so provided.

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Imprisonment.

Power to arrest
offenders.

Provisions for
avoiding delay
after arrest.

82. Where in this Act it is provided that a person subject to
military law is liable on conviction by Court-martial to
imprisonment and no term or maximum term of imprisonment is
specified then such person is liable to imprisonment for any term.

ARREST

83. (1) A person subject to military law found committing
an offence against this Act, or alleged to have committed or
reasonably suspected of having committed any such offence, may
be arrested in accordance with this section.
(2) An officer may be arrested by an officer subject to
service law of superior rank or, if engaged in a quarrel or
disorder, by such an officer of any rank.
(3) An other rank may be arrested by an officer, warrant
officer or non-commissioned officer subject to service law, but a
person shall not be arrested by virtue of this subsection except by
a person of superior rank.
(4) A provost officer, or an officer, warrant officer or
non-commissioned officer subject to service law lawfully
exercising authority under a provost officer or on his behalf, may
arrest an officer or other rank; but an officer shall not be arrested
by virtue of this subsection except on the order of another officer.
(5) The power of arrest given to a person by this section
may be exercised either personally or by ordering into arrest the
person to be arrested or by giving orders for that person’s arrest.

84. (1) The allegations against a person subject to military
law who is under arrest shall be duly investigated without
unnecessary delay, and either proceedings shall be taken for
punishing his offence as soon as may be or he shall be released
from arrest.
(2) Wherever a person subject to military law, having been
taken into military custody, remains under arrest for a longer period
than eight days without a Court-martial for his trial being convened,
a special report explaining the necessity for further delay shall be
made by his commanding officer to the prescribed authority in the

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Investigation of
charges by
Commanding
Officer.

Charges to be
dealt with
summarily or by
Court-martial.

prescribed manner, and a similar report shall be made to the like
authority and in the like manner every eight days until a Court-
martial is assembled or the offence is dealt with summarily or he is
released from arrest; but in the case of a person on active service
compliance with this subsection shall be excused in so far as it is
not reasonably practicable having regard to the exigencies of
military operations.
(3) For the purposes of section 62(1) the question
whether there has been unnecessary delay in the taking of any
steps for the investigation of allegations against a person under
arrest shall be determined without regard to the provisions of
subsection (2) of this section.

INVESTIGATIONS OF, AND SUMMARY DEALING WITH, CHARGES

85. Before an allegation against a person subject to military
law (herein referred to as “the accused”) that he has committed
an offence against this Part is further proceeded with, the
allegations shall be reported, in the form of a charge, to the
accused’s commanding officer and the commanding officer shall
investigate the charge in the prescribed manner.

86. (1) After investigation, a charge against an officer below
the rank of lieutenant-colonel or against a warrant officer or
corresponding rank may, if an authority has power under this Part
to deal with it summarily, be so dealt with by that authority
(herein referred to as “the appropriate superior authority”).
(2) After investigation, a charge against a non-
commissioned officer or other rank may be dealt with summarily
by his commanding officer, subject to and in accordance with
this Part.
(3) Any charge not dealt with summarily shall after
investigation be remanded for trial by Court-martial.
(4) Notwithstanding anything contained in this
section, where—
(a) the commanding officer has investigated a

charge against an officer or warrant officer; or

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Further
proceedings on
charges against
N.C.Os and
other ranks.

(b) the commanding officer has investigated a
charge against a non-commissioned officer or
other rank, which is not one which can be dealt
with summarily,

the commanding officer may dismiss the charge if he is of
opinion that it ought not to be further proceeded with.
(5) References in this Act to dealing summarily with a
charge are references to the taking by the appropriate superior
authority or the commanding officer of the accused, as the case
may require, of the following action, that is to say, determining
whether the accused is guilty, dismissing the charge or recording
a finding of guilty accordingly, and imposing punishment.
87. (1) When the commanding officer has investigated a
charge against a non-commissioned officer or other rank, he
shall, where the charge is—
(a) not one which can be dealt with summarily and

the commanding officer has not dismissed it; or
(b) one which can be dealt with summarily but the

commanding officer is of opinion that it should
not be so dealt with,

take the prescribed steps for the charge to be tried by Court-
martial; but in any other case he shall proceed to deal with the
charge summarily, and may, if he records a finding of guilty,
impose one or more of the following punishments, that is to say:
(aa) where the accused is a non-commissioned

officer—
(i) severe reprimand or reprimand;
(ii) where the offence has occasioned any

expense, loss or damage, stoppages;
(iii) admonition;
(iv) a fine of a sum not exceeding the

equivalent of twenty-eight days pay;
(bb) where the accused is a man—
(i) detention for a period of forty-two days or,

if the accused is on active service, field
punishment for a period of forty-two days;

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(ii) a fine of a sum equivalent to thirty days
pay;

(iii) where the offence has occasioned any
expense, loss or damage, stoppages;

(iv) confinement to barracks for a period
beginning with the day of the sentence
and not exceeding twenty-eight days;

(v) stoppage of leave;
(vi) extra guards or piquets;
(vii) admonition.
(2) The commanding officer may, where he finds an
acting warrant officer, an acting non-commissioned officer or a
corresponding rank guilty and imposes only the punishment of
stoppages, order such an accused to revert to his permanent rank,
or to assume an acting rank lower than that held by him but
higher than his permanent rank.
(3) Notwithstanding anything contained in subsection (1),
the commanding officer shall, where he—
(a) has determined that the accused is guilty; and
(b) considers that the proper punishment for the

charge, if taken summarily—
(i) is a punishment other than—
severe reprimand,
reprimand,
admonition,
confinement to barracks,
extra guards or piquets; or
(ii) involves a forfeiture of pay,
before recording a finding, give the accused an opportunity of
electing to be tried by Court-martial.
(4) Where the accused elects to be tried by Court-
martial under subsection (3), the commanding officer shall not
record a finding but shall take the prescribed steps for the charge
to be tried by a Court-martial.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Further
proceedings on
charges against
officers and
warrant officers.

(5) Subject to subsection (6), where a charge is one which
can be dealt with summarily, but the commanding officer has referred
the charge for trial by Court-martial under subsection (3), the higher
authority to whom the charge is referred may refer the charge back to
the commanding officer to be dealt with summarily; and on any such
reference, subsections (1), (2), and (3) apply as if the commanding
officer had originally been of opinion that the charge should have
been dealt with summarily.
(6) A higher authority shall not refer back a charge to a
commanding officer where the accused has elected to be tried by
Court-martial and has not withdrawn his election.

88. (1) After investigating a charge against an officer or
warrant officer, the commanding officer shall, unless—
(a) he has dismissed the charge; or
(b) the case is one where he has power, and

proposes to direct trial by Court-martial,
submit it in the prescribed manner to a higher authority.
(2) Where a charge is submitted to a higher authority
under subsection (1), that authority may—
(a) if the charge is one that can be taken summarily,

refer it to the appropriate superior authority for
summary trial; or

(b) if the charge is one that cannot be taken
summarily, take the necessary steps for its being
tried by Court-martial.

(3) Subject to subsection (4), where the charge is referred
to the appropriate superior authority, that authority shall—
(a) investigate the charge in the prescribed manner;
(b) determine whether the accused is guilty of the

charge; and
(c) either dismiss the charge or record a finding

of guilty.

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Dismissal of
charges referred
to higher
authority.

(4) The appropriate superior authority shall, if at any
time during the investigation of the charge it is of the opinion that
the charge may more properly be dealt with by a Court-martial,
take the prescribed steps to have the charge so tried.
(5) The appropriate superior authority may, when it
records a finding of guilty, impose one or more of the following
punishments:
(a) a fine of a sum not exceeding the equivalent of

twenty days pay;
(b) forfeiture of seniority not exceeding twelve

months;
(c) severe reprimand or reprimand;
(d) where the offence has occasioned any expense,

loss or damage, stoppages.
(6) Notwithstanding anything contained in subsections (3)
and (4), the appropriate superior authority shall, where it—
(a) has determined that the accused is guilty; and
(b) considers that the proper punishment for the

charge—
(i) is a fine under subsection (5)(a);
(ii) is stoppages under subsection (5)(b); or
(iii) involves a forfeiture of pay,
before recording a finding, give the accused an opportunity of
electing to be tried by Court-martial.
(7) Where the accused elects to be tried by Court-martial
under subsection (6), the appropriate superior authority shall take
the prescribed steps for the charge to be tried by a Court-martial.

89. (1) Notwithstanding anything in sections 87 and 88,
where a charge—
(a) has been referred to higher authority with a view

to its being tried by Court-martial; or
(b) has been submitted to higher authority for

determination how it is to be proceeded with, that

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Officers who
are to act as
commanding
officers and
appropriate
superior
authorities.
[32 of 1979].

Limitation on
powers of
summary
dealing with
charges.

authority may, subject to this section, refer the
charge back to the commanding officer of the
accused with a direction that it shall be
dismissed, and in every such case the
commanding officer shall dismiss the charge.

(2) The reference back of a charge under subsection (1)
is without prejudice to the preferring of another charge where
the higher authority has so directed or the commanding officer
thinks fit.

90. (1) In this Act, the expression “commanding officer”, in
relation to a person charged with an offence, means the officer for
the time being commanding the unit to which the person belongs
or is attached.
(2) Subject to this section, the following persons may be
an appropriate superior authority in relation to a person charged
with an offence:
(a) the Chief of Defence Staff;
(b) any other officer or panel of officers appointed

for the purpose by the President under
subsection (3).

(3) Where a commander is the commanding officer of
the unit to which a person charged with an offence belongs, the
President shall appoint such person or body of persons to be the
appropriate superior authority.
(4) Rules of Procedure may confer on officers, or any
class of officers, who are authorised by such Rules to exercise the
functions of commanding officer, power to delegate those
functions, in such cases and to such extent as may be specified in
such Rules, to officers of a class so specified.

91. (1) Rules of Procedure may specify the charges which
may not be dealt with summarily—
(a) by a commanding officer;
(b) by an appropriate superior authority; and

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Trial by, and
powers of,
ordinary Court-
martial.

Trial by, and
powers of field
Court-martial.

(c) by a commanding officer or an appropriate
superior authority except with the permission of
an officer authorised to convene a Court-martial
for the trial of the accused.

(2) A commanding officer or an appropriate superior
authority may deal summarily with the following charges:
(a) any charge not specified by Rules of Procedure;

and
(b) any charge which may be dealt summarily with

permission of an officer authorised to convene a
Court-martial, upon the obtaining of such
permission.

(3) The powers of a commanding officer or appropriate
superior authority to impose punishment shall be subject to
such limitations as may be specified in that behalf by the Rules
of Procedure.

COURT-MARTIAL: GENERAL PROVISIONS

92. Subject to this Act, a Court-martial (herein referred to as an
“ordinary Court-martial”) may try a person subject to military law
for an offence which is triable by Court-martial and impose for such
an offence the punishment authorised by this Act for that offence.
93. Where an officer commanding a body of troops on active
service—
(a) being an officer to whom under section 88(1) a

charge has been submitted for determining how
it is to be dealt with; or

(b) being the accused’s commanding officer or the
appropriate superior authority who has
investigated a charge on which the accused has
elected to be tried by Court-martial,

is of opinion that it is not possible without serious detriment to
the public service that the charge should be tried by an ordinary
Court-martial, he may (whether or not he is authorised to
convene ordinary Courts-martial) direct that the charge shall be
tried by a field Court-martial.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Officers having
powers to
convene Courts-
martial.
[32 of 1979].

Constitution of
ordinary Courts-
martial.
[35 of 1970].

94. (1) The Chief of Defence Staff or an officer authorised
by the Council to convene ordinary Courts-martial may convene
an ordinary Court-martial.
(2) The officer who directs that a charge be tried by field
Court-martial may convene a field Court-martial.
(3) The Council when it issues an authorisation under
subsection (1) to convene ordinary Courts-martial, may—
(a) make such authorisation subject to restrictions,

reservations, exceptions or conditions;
(b) address such authorisation to officers by name

or by designation of their offices, and may cause
it to be issued or given to a named or designated
officer, and to the person for the time being
performing the duties of his office, to a named
or designated officer and his successors in that
office or to a named or designated officer and
such person and his successors;

(c) vary or revoke such authorisation either wholly
or in part.

95. (1) An ordinary Court-martial shall consist of the
president and not less than two other officers; but where—
(a) an officer is to be tried; or
(b) the only punishment or the maximum

punishment which can be imposed in respect of
a charge before the Court is death,

an ordinary Court-martial shall consist of five members.
(2) Subject as is hereinafter provided, an officer shall
not be appointed a member of an ordinary Court-martial unless
he belongs to the Force, is subject to service law and has been an
officer in any of the armed forces of the State for a period of not
less than two years or for periods amounting in the aggregate to
not less than two years.
(3) Not less than two of the members of an ordinary
Court-martial shall be of a rank not below that of captain or
corresponding rank.

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Constitution of
field Courts-
martial.

Supplementary
provisions as to
constitution of
Courts-martial.
[35 of 1970].

(4) The president of an ordinary Court-martial shall be
appointed by order of the convening officer and shall not be
under the rank of field officer unless in the opinion of the
convening officer a field officer having suitable qualifications is
not, with due regard to the public service, available; and in any
event the president of an ordinary Court-martial shall not be
under the rank of a captain or corresponding rank.
(5) The members of an ordinary Court-martial, other
than the president, shall be appointed by order of the convening
officer or in such other manner as may be prescribed.
(6) An officer under the rank of captain or
corresponding rank shall not be a member of an ordinary Court-
martial for the trial of an officer above that rank.

96. (1) A field Court-martial shall consist of the president
and not less than two other officers or, if the convening officer is
of opinion that three officers having suitable qualifications are
not available without serious detriment to the public service, shall
consist of the president and one other officer.
(2) Subject to subsections (3) and (4), the members of a
field Court-martial shall be persons belonging to the Force and
subject to service law.
(3) The president of a field Court-martial shall be an
officer appointed by the convening officer and shall not be under
the rank of captain.
(4) The members of a field Court-martial, other than the
president, shall be appointed by order of the convening officer or
in such other manner as may be prescribed.

97. (1) The officer who convenes a Court-martial shall not
be a member of that Court-martial but if in the case of a field
Court-martial it is not practicable in the opinion of the convening
officer to appoint another officer as president, he may himself be
president of the Court-martial.
(2) An officer, who at any time between the date on which
the accused was charged with the offence and the date of the trial,

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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has been the commanding officer of the accused, and any other
officer who has investigated the charge against the accused, or who
under service law has held, or has acted as one of the persons
holding, an inquiry into matters relating to the subject matter of the
charge against the accused, shall not sit as a member of an ordinary
Court-martial or act as judge advocate at such a Court-martial.
(3) Notwithstanding any rule of law to the contrary, if
any Court-martial is required to be convened in any circumstance
in which, in the opinion of the convening officer, the necessary
number of military officers having the requisite qualifications is
not available to form the Court and cannot be made available
with due regard to the public service and the interests of justice,
the convening officer may appoint any person, as defined in
subsection (4), as president in lieu of a military officer or as any
other member of the Court in lieu of or in addition to a military
officer or military officers. However, where an officer in a
Commonwealth force is appointed as president or any other
member of the Court he shall not be qualified to act in relation to
the Court-martial unless—
(a) he is of corresponding rank to that which would

have been required in the case of a military
officer; and

(b) he has been an officer for the like period or
periods as would have been so required.

(4) Where—
(a) the officer convening an ordinary Court-martial

appoints a captain or corresponding rank to be
president being of opinion that a field officer
having suitable qualifications is not with due
regard to the public service available; or

(b) the officer convening any Court-martial appoints
a person as defined in subsection (5), as president
or any other member of the Court, being of
opinion that the necessary number of military
officers having suitable qualifications is not
available to form the Court and cannot be made
available with due regard to the public service,

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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Place for sitting
of Courts-
martial and
adjournment to
other places.

Challenges by
accused.

the order convening the Court-martial shall contain a statement
of such opinion, and that statement shall be conclusive for all
intents and purposes.
(5) In this section the expression “military officer”
means any officer belonging to the Force and subject to service
law, and “person” includes an officer of a Commonwealth force.

98. (1) Subject to this section, a Court-martial shall sit at
such place as may be specified in the order convening the Court;
but the convening officer may convene it to sit at a place outside
the limits of his command.
(2) A Court-martial sitting at any place shall, if the
convening officer directs, sit at some other place, and may
without any such direction, if it appears to the Court requisite in
the interests of justice to sit at some other place, adjourn for the
purpose of sitting at that other place.

COURTS-MARTIAL: PROVISIONS RELATING TO TRIAL

99. (1) An accused about to be tried by any Court-martial is
entitled to object, on any reasonable grounds, to any member of the
Court, whether appointed originally or in lieu of another member.
(2) For the purpose of enabling the accused to avail
himself of the right conferred by subsection (1), the names of the
members of the Court shall be read over in the presence of the
accused before they are sworn, and he shall be asked whether he
objects to any of those officers.
(3) Every objection made by an accused to any officer
shall be considered by the other officers appointed members of
the Court.
(4) If objection is made to the president and not less than
one-third of the other members of the Court allow it, the Court shall
adjourn and the convening officer shall appoint another president.
(5) If objection is made to a member of the Court other
than the president and not less than one-half of the members entitled
to vote allow it, the member objected to shall retire and the vacancy

UNOFFICIAL VERSION


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Administration
of oaths.

Courts-martial
to sit in open
Court.

may, and if otherwise the number of members would be reduced
below the legal minimum shall, be filled in the prescribed manner
by another officer.

100. (1) Subject to section 109, an oath shall be administered
to every member of a Court-martial and to any person in
attendance on a Court-martial as judge advocate, officer under
instruction, shorthand writer or interpreter.
(2) Subject to section 109, every witness before a Court-
martial shall be examined on oath but where any child of tender
years called as a witness does not in the opinion of the Court
understand the nature of an oath, his evidence may be received,
though not given upon oath, if in the opinion of the Court he is
possessed of sufficient intelligence to justify the reception of the
evidence and understands the duty of speaking the truth; but
where the evidence is given on behalf of the prosecution, the
accused shall not be liable to be convicted upon such evidence
alone unless it is corroborated by some other material evidence in
support thereof implicating the accused.
(3) An oath required to be administered under this
section shall be in the prescribed form and shall be administered
at the prescribed time by the prescribed person and in the
prescribed manner.

101. (1) Subject to this section, a Court-martial shall sit in
open Court and in the presence of the accused.
(2) Nothing in subsection (1) shall affect the power of a
Court-martial to sit in camera on the ground that it is necessary
or expedient in the interests of the administration of justice to do
so; and without prejudice to that power, a Court-martial may
order that, subject to any exceptions the Court may specify, the
public shall be excluded from all or any part of the proceedings
of the Court if it appears to the Court that any evidence to be
given or statement to be made in the course of the proceedings or
that part, as the case may be, might otherwise lead to the
disclosure of any information which would or might be directly
or indirectly useful to an enemy.

66 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Dissolution of
Courts-martial.

(3) A Court-martial shall sit in closed Court while
deliberating on their finding or sentence on any charge.
(4) A Court-martial may sit in closed Court on any other
deliberation amongst the members.
(5) Where a Court-martial sits in closed Court no person
shall be present except the members of the Court and such other
persons as may be prescribed.

102. (1) Where, whether before or after the commencement
of the trial, it appears to the convening officer necessary or
expedient in the interests of the administration of justice that a
Court-martial should be dissolved, the convening officer may by
order dissolve the Court-martial.
(2) Without prejudice to the generality of subsection (1),
if after the commencement of the trial a Court-martial is, by
reason of the death of one of the members or for any other reason,
reduced below the legal minimum, it shall be dissolved.
(3) If after the commencement of the trial the president
dies or is otherwise unable to attend and the Court is not reduced
below the minimum number required by this Act, then—
(a) if the senior member of the Court is of the rank

of captain or corresponding rank or is of higher
rank, the convening officer may appoint him
president and the trial shall proceed accordingly;

(b) if he is not of such rank or corresponding rank,
the Court shall be dissolved.

(4) Without prejudice to the generality of subsection (1),
if after the commencement of the trial it is represented to the
convening officer that owing to the sickness or other incapacity
of the accused it is impracticable having regard to all the
circumstances to continue the trial within a reasonable time, the
convening officer may dissolve the Court.
(5) Where a Court-martial is dissolved under this
section, the accused may be tried by another Court-martial.

UNOFFICIAL VERSION


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Decisions of
Courts-martial.

Finding and
sentence.

Power to
convict of
offence other
than that
charged.

103. (1) Subject to this section, every question to be
determined on a trial by Court-martial shall be determined by a
majority of the votes of the members of the Court.
(2) In the case of an equality of votes on the finding, the
Court shall acquit the accused.
(3) A finding of guilty where the only punishment which
the Court can impose is death shall not have effect unless it is
reached with the concurrence of all members of the Court; and
where on such a finding being come to by a majority of the
members there is no such concurrence, the Court shall be
dissolved and the accused may be tried by another Court.
(4) A Court that finds an accused guilty and has power to
sentence him either to death or to less punishment shall not pass
sentence of death without the concurrence of all its members.
104. (1) Without prejudice to the provisions of section 102
the finding of a Court-martial on each charge shall be announced
in open Court.
(2) Every finding of guilty shall be, and shall be
announced as being, subject to confirmation.
(3) Every sentence of a Court-martial shall be
announced in open Court, and a sentence of a Court-martial shall
be, and shall be announced as being, subject to confirmation.
105. (1) An accused charged before a Court-martial with an
offence may, on failure of proof of the offence having been
committed under circumstances involving a higher degree of
punishment, be found guilty of the offence as having been
committed under circumstances involving a less degree of
punishment.
(2) An accused charged before a Court-martial with any
offence may be found guilty of attempting to commit that offence.
(3) An accused charged before a Court-martial with
attempting to commit an offence may be convicted on that
charge notwithstanding that it is proved that he actually
committed the offence.

68 Chap. 14:01 Defence

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 69

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Second
Schedule.

Rules of
evidence.

(4) Where an accused is charged before a Court-martial
under section 78 in respect of attempting to commit a civil
offence, he may be convicted on that charge notwithstanding that
it is proved that he actually committed the civil offence.
(5) Where an accused is charged before a Court-martial
with an offence against section 78, and the corresponding civil
offence is one in proceedings for which, if he had been tried by a
civil Court, he might have been found guilty of another civil
offence, then if the Court finds that he has committed that other
civil offence, he may be convicted of an offence against section 78
in respect of the commission of that other civil offence.
(6) An accused charged before a Court-martial with an
offence specified in the first column of the Second Schedule may
be found guilty of an offence specified in relation thereto in the
second column of that Schedule.

106. (1) Subject to this Act, the rules of evidence to be
observed in proceedings before Courts-martial shall be the same
as those observed in civil Courts in Trinidad and Tobago, and no
person shall be required in proceedings before a Court-martial to
answer any question or to produce any document which he could
not be required to answer or produce in similar proceedings
before a civil Court in Trinidad and Tobago.
(2) Notwithstanding anything in subsection (1), a
statutory declaration shall, in a trial by Court-martial, be
admissible as evidence of the facts stated in the declaration in a
case where, and to the extent which, oral evidence to the like
effect would be admissible in that trial but a statutory declaration
shall not be admitted in evidence in any such trial on behalf either
of the prosecution or of the defence—
(a) where the declaration is put forward on behalf

of the prosecution, unless a copy of the
declaration has, not less than seven days before
the commencement of the trial, been served on
the accused;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Privilege of
witnesses and
others at
Courts-martial.

Offences by
civilians in
relation to
Courts-martial.

(b) where the declaration is put forward on behalf of
the defence, unless a copy of the declaration has,
not less thans even days before the
commencement of the trial or such shorter time
as the Court-martial may allow, been served on
the commanding officer of the accused;

(c) in any case, if, not later than three days before
the commencement of the trial or within such
further time as the Court-martial may in
special circumstances allow, the accused or, as
the case may be, the commanding officer of the
accused serves a notice in the prescribed form
on the commanding officer or accused requiring
that oral evidence shall be given in lieu of the
declaration; or

(d) in any case, if the Court-martial is of opinion
that it is desirable in the interests of justice that
oral evidence should be given in lieu of the
declaration and declares that it is of that opinion.

(3) A Court-martial shall take judicial notice of all matters
of notoriety, including all matters within the general service
knowledge of the Court, and of all other matters of which judicial
notice would be taken in a civil Court in Trinidad and Tobago.
107. A witness before a Court-martial or any other person whose
duty it is to attend on or before the Court shall be entitled to the
same immunities and privileges as a witness before the High Court.
108. (1) Where any person other than a person subject to
military law—
(a) having been duly summoned to attend as a

witness before a Court-martial, fails to comply
with the summons;

(b) refuses to swear an oath when duly required by
a Court-martial to do so;

(c) refuses to produce any document in his custody
or under his control which a Court-martial has
lawfully required him to produce;

70 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 71

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Affirmations.

(d) when a witness, refuses to answer any question
which a Court-martial has lawfully required him
to answer;

(e) wilfully insults any person, being a member of a
Court-martial or a witness or any other person
whose duty it is to attend on or before the Court,
while that person is acting as a member thereof
or is so attending, or wilfully insults any such
person as mentioned above while that person is
going to or returning from the proceedings of
the Court;

(f) wilfully interrupts the proceeding of a Court-
martial or otherwise misbehaves before the
Court; or

(g) does any other thing which would, if the Court-
martial had been a Court of law having power to
commit for contempt, have been contempt of
that Court,

the president of the Court-martial may certify the offence of that
person under his hand to any Court being a Court having power
to commit for contempt, and that Court may thereupon inquire
into the alleged offence and after hearing any witnesses who may
be produced against or on behalf of the person charged with the
offence, and after hearing any statement that may be offered in
defence, punish or take steps for the punishment of that person in
the same manner as if he had been guilty of contempt of the Court
to which the offence is certified.
(2) In this section “Court-martial” means a Court-
martial held under service law.

109. Where—
(a) a person required by this Act to take an oath for

the purposes of proceedings before a Court-
martial objects to being sworn, and states as the
ground of his objection either that he has no
religious belief or that the taking of an oath is
contrary to his religious belief; or

UNOFFICIAL VERSION


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Confirmation of
proceedings of
Courts-martial.

Petitions against
finding or
sentence.

Revision of
findings of
Courts-martial.

(b) it is not reasonably practicable to administer an
oath to such a person as aforesaid in the manner
appropriate to his religious belief,

he shall be required to make a solemn affirmation in the
prescribed form instead of taking an oath.

CONFIRMATION, REVISION AND REVIEW OF
PROCEEDINGS OF COURTS-MARTIAL

110. (1) A Court-martial that finds the accused guilty on any
charge shall transmit the record of its proceedings to a confirming
authority for confirmation of the finding and sentence of the
Court on that charge.
(2) A finding of guilty or sentence of a Court-martial
shall not be treated as a finding or sentence of the Court until
confirmed; but this subsection does not affect the keeping of the
accused in custody pending confirmation, or the operation of
sections 111 and 112 or the provisions of this Act relating to
confirmation or approval.

111. At any time after a Court-martial has sentenced the
accused, but not later than the prescribed time after confirmation
is completed, the accused may in the prescribed manner present
a petition against the finding or sentence or both.

112. (1) A confirming authority may direct that a Court-
martial shall revise any finding of guilty come to by the Court in
any case where it appears to the authority—
(a) that the finding was against the weight of

evidence; or
(b) that some question of law determined at the trial

and relevant to the finding was wrongly
determined.

(2) Any such direction shall be accompanied by the
necessary directions for the re-assembly of the Court, and shall
contain a statement of the reasons for the direction.

72 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 73

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Powers of
confirming
authorities.

(3) On any revision of a finding the Court shall
reconsider the finding, and (unless the Court adheres thereto)
may substitute therefor either a finding of not guilty or any other
finding to which the Court could originally have come at the trial
in lieu of the finding under revision.
(4) On any such revision the Court shall not receive
further evidence.
(5) Where, on any such revision, the Court either
adheres to the original finding or substitutes therefor a finding of
guilty of another offence, or of the same offence in different
circumstances, the Court may substitute a different sentence for
the original sentence; but the Court shall not substitute a sentence
of a punishment greater than the punishment or the greatest of the
punishments imposed by the original sentence, or substitute a
sentence which in the opinion of the Court is more severe than
the original sentence.
(6) The confirming authority shall not direct the revision
of any substituted finding come to by the Court on previous
direction of the confirming authority, or the revision of the original
finding if adhered to by the Court on such a previous direction; but
save as mentioned above this Act applies to the proceedings of the
Court on any such revision as it applies to their deliberations on the
original finding or sentence, and any substituted finding or
sentence shall be treated for all purposes as an original finding or
sentence of the Court but the decision of the Court on the revision
is not required to be announced in open Court.

113. (1) Subject to section 112 and to this section, a
confirming authority shall deal with the finding or sentence of a
Court-martial by—
(a) withholding confirmation, if of opinion that the

finding of the Court is unreasonable or cannot
be supported having regard to the evidence or
involves a wrong decision on a question of law
or that, on any ground, there was a miscarriage
of justice;

UNOFFICIAL VERSION


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(b) confirming the finding or sentence; or
(c) referring the finding or sentence, or both, for

confirmation to a higher confirming authority.
(2) In lieu of withholding confirmation of the finding of
a Court-martial, a confirming authority may, if—
(a) some other finding of guilty could have been

validly made by the Court-martial on the charge
before it; and

(b) he is of opinion that the Court-martial must have
been satisfied of the facts necessary to justify
that other finding,

substitute that other finding, and if he does so he shall consider in
what manner, if at all, the powers conferred by subsection (4)
may be exercised.
(3) Where it appears to a confirming authority that a
sentence of a Court-martial is invalid, he may in lieu of withholding
confirmation of the sentence substitute therefor a sentence of any
punishment or punishments which could have been imposed by the
Court, not being greater than the punishment or the greatest of the
punishments imposed by the Court and not in his opinion more
severe than that punishment or those punishments.
(4) In confirming the sentence of a Court-martial, the
confirming authority may—
(a) remit in whole or in part any punishment

imposed by the Court; or
(b) commute any such punishment for one or more

punishment or punishments provided by this
Act, being less than the punishment commuted.

(5) A finding or sentence substituted by the confirming
authority, or any sentence having effect after the confirming
authority has remitted or commuted punishment, shall be treated for
all purposes as a finding or sentence of the Court duly confirmed.
(6) The confirmation of a finding or sentence shall not
be deemed to be completed until the finding or sentence has

74 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 75

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L.R.O.

Confirming
authorities.
[32 of 1979].

been promulgated; and in the event of a substitution, remission or
commutation under this section, the finding or sentence shall be
promulgated as it has effect after such substitution, remission
or commutation.
(7) Where the confirming authority determines to
withhold confirmation, the determination shall be promulgated
and has effect as from the promulgation.

114. (1) Subject to this section, the following persons may
confirm the finding and sentence of a Court-martial:
(a) the officer who convened the Court-martial or

an officer superior in command to that officer;
(b) the successor of such officer or superior officer,

or a person for the time being exercising the
functions of such officer or superior officer; or

(c) failing any such officer, a person or persons
appointed by the Council to act as confirming
authority whether for the particular case or for a
specified class of cases.

(2) The following shall not have power to confirm the
finding or sentence of a Court-martial:
(a) any officer who was a member of the Court-

martial; or
(b) any person who, as appropriate superior authority,

investigated the allegations against the accused,
but a person excluded by this subsection may act as confirming
authority for a field Court-martial, if otherwise having power to
do so, where he is of opinion that it is not practicable, having due
regard to the public service, to delay the case for the purpose of
referring it to another confirming authority.
(3) An authorisation empowering the convening of an
ordinary Court-martial may reserve for confirmation by superior
authority findings or sentences or both in such circumstances
as may be specified by or under the authorisation, and the
powers conferred by subsection (1) are exercisable subject to
any such reservation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Approval
required for
death sentences.
[32 of 1979].

Review of
findings and
sentences of
Courts-martial.

115. A sentence of death shall not be carried into effect unless it
has been approved by the President acting on the recommendation
of the Advisory Committee on the power of pardon.

116. (1) A finding or sentence which has been confirmed
shall be reviewed by the reviewing authority as soon as it is
reasonably practicable to do so, and if after confirmation of a
finding or sentence a petition is duly presented under section 111
against the finding or sentence, then, subject to this section, the
finding or sentence, shall be reviewed as soon as may be after the
presentation of the petition and after consideration of the matters
alleged therein.
(2) The reviewing authority for the purposes of this Act
is such officer as the President may from time to time appoint.
(3) If an application for leave to appeal is received by the
Registrar of the Supreme Court under Part VI so much of
subsection (1) as requires the review of a finding or sentence
against which a petition has been presented, shall thereupon cease
to apply to the finding to which the application for leave to appeal
relates and the sentence passed in consequence of that finding.
(4) On a review under this section, the reviewing
authority may—
(a) in so far as the review is of a finding, quash the

finding and, if the sentences relate only to the
finding quashed, the sentence;

(b) in so far as the review is of a sentence, quash the
sentence; or

(c) in any case, exercise the same powers of
substituting findings, substituting valid for
invalid sentences and remitting or commuting
punishment as are conferred on a confirming
authority by section 113(2), (3) and (4),

and any substituted finding or sentence, or sentence having effect
after the remission or commutation of punishment, shall be
treated for all purposes as sentence of the Court duly confirmed.

76 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Defence Chap. 14:01 77

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Reconsideration
of sentences of
imprisonment
and detention.
[32 of 1979].

Review of
summary
findings and
sentences.

(5) Where a reviewing authority exercises any of the
powers conferred by subsection (4), the determination of the
authority shall be promulgated and shall have effect as from the
promulgation.

117. (1) The Council may from time to time reconsider
sentences of imprisonment and of detention; and if on any such
reconsideration it appears that the conduct of the offender since
his conviction has been such as to justify a remission of the
sentence imposed upon him, the Council may, in part or in whole,
remit the sentence accordingly.
(2) The Council—
(a) may reconsider a sentence at any time after it

has been confirmed; and
(b) shall at intervals of six months reconsider a

sentence that has been reviewed and remains
effective.

(3) A delay in complying with requirements of
subsection (2)(b) does not invalidate a sentence of imprisonment
or detention.

REVIEW OF SUMMARY FINDINGS AND SENTENCES

118. (1) Where a charge has been dealt with summarily,
otherwise than by dismissal, the reviewing authority may at any
time review the finding or sentence.
(2) The reviewing authority may, where on a review
under this section he is of the opinion that it is expedient to do so
by reason of any mistake of law in the proceedings on the
summary dealing with the charge or of anything occurring in
those proceedings which involved substantial injustice to the
accused, quash the finding; and if the authority quashes the
finding, he shall also quash the sentence.
(3) Where on a review under this section the reviewing
authority is of the opinion that a punishment imposed was invalid,
or too severe, or (where the sentence included two or more
punishments) that those punishments or some of them could not

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Provisions
where accused
found insane.

validly have been imposed in combination or are, taken together,
too severe, the reviewing authority may vary the sentence by
substituting such punishment or punishments as he may think
proper, being a punishment or punishments which could have
been included in the original sentence and not being in the
opinion of the reviewing authority more severe than the
punishment or punishments included in the original sentence.

FINDINGS OF INSANITY, ETC.

119. (1) Where, on the trial of a person by Court-martial, it
appears to the Court that the accused is by reason of insanity unfit
to stand his trial, the Court shall so find; and if the finding is
confirmed in accordance with this section, the accused shall be
kept in custody in such manner as may be provided by or under
Rules until the directions of the President are known or until any
earlier time at which the accused is fit to stand his trial.
(2) Where, on the trial of a person by Court-martial, it
appears to the Court that the evidence is such as, apart from any
question of insanity, to support a finding that the accused was
guilty of any offence, but that at the time of the acts constituting
that offence the accused was insane, the Court shall find that the
accused was guilty of that offence but was insane at the time, and
thereupon the accused shall be kept in custody in such manner as
may be provided by or under Rules until the directions of the
President are known.
(3) In the case of any such finding as mentioned above
the President may give orders for the safe custody of the accused
during his pleasure in such place and in such manner as the
President thinks fit.
(4) A finding under subsection (1) shall not have effect
until the finding has been confirmed by an authority who would
have had power to confirm a finding of guilty come to by the
Court-martial in question and has been promulgated.
(5) Where the Court or the confirming authority comes
to or substitutes a finding of guilty but insane, the confirming
authority or, as the case may be, the reviewing authority shall not

78 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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Commencement
of sentences.

Duration of
sentences of
imprisonment or
detention.

substitute for that finding a finding of guilty; but save as
mentioned above the provisions of this Act as to revision,
confirmation and review (and in particular the provisions of this
Act which confer power to substitute for any finding any other
finding which could have been come to by the Court-martial in
question) apply in relation to such findings as are provided for by
subsection (2) as those provisions apply in relation to other
findings of guilty.
COMMENCEMENT, SUSPENSION AND DURATION OF SENTENCES

120. A military sentence of imprisonment or detention or a
sentence of field punishment shall, subject to section 144, begin to
run from the beginning of the day on which sentence was originally
pronounced by the Court-martial trying the offender or, as the case
may be, was originally imposed by his commanding officer.

121. (1) Where any person serving a military sentence of
imprisonment or detention becomes unlawfully at large during
the currency of the sentence, then, in calculating the period for
which he is liable to be imprisoned in pursuance of the sentence,
no account shall be taken of time elapsing during the period
beginning with the day on which he became at large and ending
with the day on which, as a person having become unlawfully at
large, he is taken into military custody or the custody of a civil
authority or, not having been taken into such custody, he returns
to the place in which he was imprisoned or detained before he
became unlawfully at large; but if he satisfies such authority as
may be specified for that purpose by Imprisonment and
Detention Rules that at any time during the last-mentioned
period he was—
(a) in the custody of a civil authority; or
(b) if and in so far as Imprisonment and Detention

Rules so provide, in the custody of any military
authority of any country or territory outside
Trinidad and Tobago as respects which
arrangements have been made under section 124,

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Restrictions on
serving of
sentences of
detention in
prisons.

otherwise than an account of an offence committed by him while
unlawfully at large, the last-mentioned time shall not be
disregarded in calculating the period for which he is liable to be
imprisoned or detained in pursuance of the military sentence.
(2) In subsection (1), the expression “civil authority”
means a civil authority authorised by law to detain persons, and
includes a constable.
(3) Without prejudice to subsection (1), where any
person serving a military sentence of imprisonment or detention
has in accordance with Imprisonment and Detention Rules been
temporarily released on compassionate grounds, then, in
calculating the period for which he is liable to be imprisoned or
detained in pursuance of the sentence, no account shall be taken
of time elapsing during the period beginning with the day after
that on which he is released and ending with the day on which he
is required to return to custody.
(4) A person who for any period is released as
mentioned in subsection (3) or who is otherwise allowed in
pursuance of Imprisonment and Detention Rules, out of military
custody for any period or subject to any condition shall, on
failure to return at the expiration of the period or to comply with
the condition, be treated for the purposes of subsection (1) as
being unlawfully at large.
(5) A person serving a military sentence of imprisonment
or detention in civil custody who, after being temporarily released
under civil law, is at large at any time during the period for which
he is liable to be detained in civil custody in pursuance of his
sentence shall be deemed to be unlawfully at large if the period for
which he was temporarily released has expired or if an order
recalling him has been made in pursuance of civil law.

122. A person shall not be required to serve any part of a
military sentence of detention in a military or civil prison; but in
such cases and subject to such conditions as may be specified by
or under Imprisonment and Detention Rules, a person serving
such a sentence may be temporarily detained in a military or civil
prison for any period not exceeding seven days.

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Defence Chap. 14:01 81

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Special
provisions as to
civil prisons in
Trinidad and
Tobago.

Special
provisions as to
carrying out or
serving of
sentences
outside Trinidad
and Tobago.

Country in
which sentence
of imprisonment
or detention to
be served.

123. A person sentenced to death or imprisonment and
committed or transferred to a civil prison in pursuance of rules
made under this Part or of Imprisonment and Detention Rules
shall, while in that prison, be confined and otherwise dealt with
in the same manner as a person confined therein under a like
sentence of a civil Court.

124. The President may from time to time make arrangements
with the authorities of any country outside Trinidad and Tobago
whereby sentences of death passed by Courts-martial may in
accordance with rules made under this Part be carried out in
establishments under the control of those authorities and military
sentences of imprisonment or detention may in accordance with
Imprisonment and Detention Rules be served wholly or partly in
such establishments.

125. (1) Subject to this section, a person sentenced under this
Act, by a Court-martial held out of Trinidad and Tobago, to
imprisonment or detention for more than twelve months shall as
soon as practicable after the confirmation of the sentence is
completed be removed to Trinidad and Tobago.
(2) Where a person has been sentenced under this Act by
a Court-martial held out of Trinidad and Tobago, to
imprisonment or detention for more than twelve months, the
confirming or reviewing authority may, notwithstanding
anything in subsection (1), direct that he shall not be required to
be removed to Trinidad and Tobago until he has served such part
of his sentence, not exceeding (in the case of a sentence of more
than two years imprisonment) two years, as may be specified in
the direction; and in determining whether or not to exercise the
powers conferred by this subsection, a confirming or reviewing
authority shall have regard to any recommendation in that behalf
made by the Court-martial.
(3) Any direction of a confirming authority under this
section may at any time be revoked by the confirming authority
or by a reviewing authority, or superseded by any direction of a
confirming authority or a reviewing authority which the authority

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Duties of
officers in
charge of
prisons and
others to receive
prisoners.

Trial and
punishment of
offences under
this Act where
the offender
ceases to be
subject thereto.

could have given under subsection (2); and any direction of a
reviewing authority under this section may at any time be revoked
by a reviewing authority or superseded as mentioned above.
(4) Any direction given under this section, and the
revocation of any such direction, shall be promulgated.
(5) In ascertaining at any time for the purposes of this
section the nature or length of a sentence, regard shall be had to any
commutation or remission of the sentence previously directed.

126. (1) The superintendent or other person in charge of a
prison (not being a military prison) shall, in so far as rules made
under this Part or Imprisonment and Detention Rules so provide,
receive any person duly sent to that prison in pursuance of such
rules and confine him until execution of the sentence is
completed or the prisoner is discharged or delivered over in due
course of law.
(2) Where a person is in military custody in pursuance of
a military sentence of imprisonment or detention, then on receipt
of a written order in that behalf purporting to be signed by that
person’s commanding officer, the superintendent or other person
described in subsection (1), the police officer in charge of a police
station or the person in charge of any other place in which
prisoners may be lawfully confined, shall keep that person in
custody for a period not exceeding seven days unless the person is
earlier discharged or delivered over in due course of law.
TRIAL OF PERSONS CEASING TO BE SUBJECT TO MILITARY LAW

UNDER THE ACT AND TIME LIMITED FOR TRIALS

127. (1) Subject to section 128, where an offence triable by
Court-martial has been committed, or is reasonably suspected of
having been committed, by any person while subject to military
law, then in relation to that offence he shall be treated, for the
purposes of the provisions of this Act relating to arrest, keeping in
custody, investigations of charges, trial and punishment by Court-
martial (including confirmation, review, and reconsideration) and
execution of sentences as continuing subject to military law
notwithstanding his ceasing at any time to be subject thereto.

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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Limitation of
time for trial of
offences under
this Act.

(2) Where, while a person is in military custody by virtue
of this section (whether before, during or after trial) he commits,
or is reasonably suspected of having committed, an offence which
if he were subject to military law would be an offence triable by
Court-martial, then in relation to that offence or suspected offence
he shall be treated, for the purposes of this Act mentioned in
subsection (1) and the provisions thereof as to the summary
dealing with charges, as having been subject to military law when
the offence was committed or is suspected of having been
committed and as continuing subject to military law thereafter.
(3) Where by virtue of either subsection (1) or
subsection (2) a person is treated as being at any time subject to
military law for the purpose of any provision of this Act, that
provision applies to him—
(a) if he holds any military rank, as to a person

having that rank;
(b) otherwise as to a person having the rank which

he had when last actually subject to military law,
but any time after he has been sentenced and the sentence has
been confirmed that provision applies to him as to an other rank.
(4) Where under subsection (3) a provision of this Act
other than this subsection applies to a person, in relation to
different offences, as to a person having different ranks, it applies
to him as to a person having the lower or lowest of those ranks.

128. (1) No person shall be tried by Court-martial for any
offence, other than one against section 41 or 42 or desertion,
unless the trial is begun within three years after the commission
of the offence, there being disregarded any time during which he
was a prisoner of war and any time during which he was illegally
absent; but in the case of an offence against section 78, where
proceedings for the corresponding civil offence is required by
any law to be brought within a limited time, that limit of time
shall apply to the trial of the offence under the said section 78 in
substitution for the foregoing provisions of this subsection.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Powers of civil
Courts.

Persons not to
be tried under
this Act for
offences already
disposed of.

(2) Where a person who has committed an offence of
desertion, other than desertion on active service, has since the
offence served as a member of the Force continuously in an
exemplary manner for not less than three years, he shall not be
tried for that offence.
(3) A person shall not be triable by virtue of section 127(1)
unless his trial is begun within three months after he ceases to be
subject to military law; but this subsection shall not apply to an
offence against section 41 or 42 or to the offence of desertion.
(4) A person shall not be arrested, or kept in custody by
virtue of section 127(1) for an offence at any time after he has
ceased to be triable for the offence.

RELATIONS BETWEEN MILITARY AND CIVIL COURTS
AND FINALITY OF TRIALS

129. (1) Save as provided in section 153, nothing in this Act
restricts the offences for which persons may be tried by any civil
Court, or the jurisdiction of any civil Court to try a person subject
to military law under this Act for any offence.
(2) Where a person is tried by a civil Court for any offence,
and he has previously been sentenced by Court-martial held under
service law to punishment for any act constituting (whether wholly
or in part) that offence, or in pursuance of this Act he has been
punished for any such act by his commanding officer or an
appropriate superior authority, the civil Court shall, in awarding
punishment, have regard to his punishment in pursuance of this Act.

130. (1) Where a person subject to military law under this Act—
(a) has been tried for an offence by a civil Court or

a Court-martial under service law, or has had an
offence committed by him taken into
consideration by any such Court in sentencing
him;

(b) has been charged with an offence under service
law, and has had the charge dismissed, or has been
found guilty on the charge by his commanding
officer or an appropriate superior authority; or

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(c) has had an offence condoned by his commanding
officer,

he is not liable in respect of that offence to be tried by Court-
martial or to have the case dealt with summarily by his
commanding officer or the appropriate superior authority.
(2) For the purposes of this section—
(a) a person shall not be deemed to have been tried

by a Court-martial if confirmation is withheld of
a finding by the Court-martial that he is guilty of
the offence;

(b) a person shall not be deemed to have had an
offence taken into consideration by a Court-
martial in sentencing him if confirmation of the
sentence of the Court-martial is withheld or the
sentence is quashed;

(c) a case shall be deemed to have been dealt with
summarily by the commanding officer or an
appropriate superior authority notwithstanding
that on the review thereof the finding of that
officer or authority has been quashed, or the
sentence of that officer or authority quashed
or varied;

(d) an offence shall be deemed to have been
condoned by the commanding officer of a
person alleged to have committed the offence if,
and only if, that officer or any officer authorised
by him to act in relation to the alleged offence
has with knowledge of all relevant
circumstances informed him that he will not be
charged therewith;

(e) a person ordered under section 66(2) or the
corresponding provisions of any service law, to
be imprisoned or to undergo detention for an
offence against that section or provision shall be
deemed to have been tried by Court-martial for
the offence.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Boards of
inquiry.
[32 of l979].

(3) Where confirmation of a finding of guilty of an
offence is withheld, the accused shall not be tried again by Court-
martial for that offence unless the order convening the later
Court-martial is issued not later than twenty-eight days after the
promulgation of the decision to withhold confirmation.
(4) Subject to this section, proceedings for an offence
against this Act (whether before a commanding officer or
appropriate superior authority or before a Court-martial) shall not
be barred on the ground of condonation.

INQUIRIES

131. (1) Subject to and in accordance with the provisions of
rules made under this Part (herein referred to as “Board of
Inquiry Rules”), the Council or any officer empowered by or
under such rules to do so may convene a board of inquiry to
investigate and report on the facts relating to—
(a) the absence of any person subject to military law

under this Act;
(b) the capture of any such person by the enemy;
(c) the death of any person where an inquiry into

the death is not required to be held by any civil
authority; or

(d) any other matter of a class specified in such
rules or referred to such a board by the Minister
or any such officer,

and a board of inquiry shall, if directed to do so, express their
opinion on any question arising out of any matters referred to
the board.
(2) A board of inquiry shall consist of such number of
persons as may be provided for by Board of Inquiry Rules, who
shall be persons subject to service law and the president of a
board of inquiry shall be an officer not below the rank of
lieutenant or corresponding rank.
(3) Evidence given before a board of inquiry is not
admissible against any person in proceedings before a Court-martial,

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 87

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L.R.O.

Inquiries into
absence.
[32 of 1979].

Restitution or
compensation
for theft, etc.

commanding officer or appropriate superior authority other than
proceedings for an offence against section 67 or 68 when the
corresponding civil offence is perjury.

132. (1) Where a board of inquiry inquiring into the absence
of an officer or other rank reports that he has been absent without
leave or other sufficient cause for a period specified in the report,
not being less than twenty-one days, a record of the report shall
in accordance with Board of Inquiry Rules be entered in the
service books.
(2) A record entered in pursuance of subsection (1)
shall, unless the absentee subsequently surrenders or is arrested
or the report of the board of inquiry is annulled by the Council,
or a subsequent board of inquiry, have the same effect as a
conviction by Court-martial for desertion.

MISCELLANEOUS PROVISIONS

133. (1) This section has effect where a person has been
convicted by Court-martial of unlawfully obtaining any property,
whether by stealing it or receiving it knowing or having reason to
believe it to have been stolen, fraudulently misapplying it or
otherwise.
(2) Where any of the property unlawfully obtained has
been found in the possession of the offender, it may be ordered to
be delivered or paid to the person appearing to be the owner thereof.
(3) Where there has been found in the possession of the
offender any property (other than money) appearing to have been
obtained by him by the conversion or exchange of any of the
property unlawfully obtained, the property may be ordered to be
delivered to the person appearing to be the owner of the property
unlawfully obtained.
(4) Where money is found in the possession of the
offender, then whether or not it appears to have been obtained as
mentioned above, an order may be made that there shall be paid
out of that money to the person appearing to be the owner of the
property unlawfully obtained such sum as may be specified in the

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

order as or towards compensation for the loss caused to the said
person by the offence, in so far as not otherwise made good under
this Act or by the recovery of the property unlawfully obtained.
(5) Where any of the property unlawfully obtained has
been sold or given in pawn to some other person who did not then
know it to have been unlawfully obtained, an order may be made
that, subject to the restitution to the owner of the property sold or
given as mentioned above, there shall be paid to the said other
person, out of any money found in the possession of the offender
(whether or not the money appears to be proceeds of the sale or
giving in pawn), such sum as may be specified in the order as or
towards compensation for the loss caused to him in consequence
of the sale or giving in pawn.
(6) Where any of the property unlawfully obtained has
been given in exchange to some other person who did not then
know it to have been unlawfully obtained, an order may be made
that, subject to the restitution to the owner of the property given as
mentioned above, there shall be restored to the said other person the
property taken in exchange for the property unlawfully obtained.
(7) An order under this section may be made by the
Court-martial by whom the offender is convicted, by the
confirming or by any reviewing authority; and in this section the
expression “appearing” means appearing to the Court, officer or
authority making the order.
(8) An order under this section made by a Court-martial
shall not have effect until confirmed by the confirming authority;
and the provisions of this Part as to the confirmation and review
of the proceedings of Courts-martial apply to an order under this
section as they apply to a sentence.
(9) The operation of any order under this section shall
be suspended—
(a) in any case, until the expiration of the period

prescribed under Part VI as the period within
which an application for leave to appeal to the
Court of Appeal against the conviction shall be
lodged; and

88 Chap. 14:01 Defence

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 89

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Appointment of
judge advocate.

Promulgation.

(b) if such an application is duly lodged, until either
the application is finally refused or is withdrawn
or the appeal is determined or abandoned,

and where the operation of such order is suspended under this
section—
(c) it shall not take effect if the conviction is

quashed on appeal;
(d) the Court of Appeal may by order annul or vary

the order although the conviction is not
quashed;

(e) such steps shall be taken for the safe custody,
during the period which the operation of the
order is suspended, of the property ordered to be
restored or handed over or the money to which
the order relates as may be provided by Rules of
Court made under Part VI.

(10) Notwithstanding anything contained in subsection (9),
an order under this section shall not, so far as it relates to the
delivery of property to the person appearing to be the owner
thereof, be suspended if the Court or authority making the order
directs to the contrary in any case in which, in the opinion of the
Court or authority, the title to the property is not in dispute.
(11) An order under this section shall not bar the right of
any person, other than the offender or a person claiming through
him, to recover any property delivered or paid in pursuance of
such an order from the person to whom it is delivered or paid.

134. The appointment of a judge advocate to act at any Court-
martial may be made by the President or by the convening officer.

135. Any finding, sentence, determination or other thing
required by this Act to be promulgated shall be promulgated
either by being communicated to the accused or in such other
manner as may be specified by Regulations or as the confirming
authority or reviewing authority, as the case may be, may direct.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Custody of
proceedings of
Court-martial
and right of
accused to a
copy thereof.
[32 of 1979].

136. (1) The record of the proceedings of a Court-martial
shall be kept in the custody of the Chief of Defence Staff for not
less than the prescribed period, being a period sufficient to ensure
that the rights conferred by subsection (2) and subsection (3) are
capable of being exercised.
(2) Subject to this section, a person tried by a Court-
martial is entitled to obtain from the Chief of Defence Staff on
demand at any time within the relevant period and on payment
therefor at such rate as may be prescribed a copy of the record of
the proceedings of the Court.
(3) Where a person tried by Court-martial dies within the
relevant period, his personal representatives or any person who in
the opinion of the Chief of Defence Staff ought to be treated for
the purposes of this subsection as his personal representative are,
subject to this section, entitled to obtain from the Chief of Defence
Staff on demand at any time within the period of twelve months
from the death and on payment therefor at the prescribed rate a
copy of the record of the proceedings of the Court.
(4) If, on an application in pursuance of either
subsection (2) or subsection (3) for a copy of the record of any
proceedings, the Minister certifies that for reasons of security that
the proceedings or any part thereof should not be disclosed, the
applicant shall not be entitled to a copy of the proceedings or part
to which the certificate relates.
(5) In this section, the expression “the relevant period”,
in relation to any person tried by Court-martial, means the period
of five years beginning with the date of his acquittal or, where he
was convicted, of the promulgation of the findings and sentence
or, where a finding of guilty was not confirmed, of the
promulgation of the withholding of confirmation; but where the
proceedings relate to two or more charges and the person tried was
acquitted on one or more of the charges and convicted on another
or others, the relevant period shall be the period of five years
beginning with the date of the promulgation of the finding or
findings of guilty and the sentence thereon or of the withholding
of confirmation of that finding or those findings.

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 91

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Indemnity for
prison officers,
etc.

Interpretation of
Part IV.

3 & 4 Eliz. 2
c. 18.

(6) Any reference in this section to the record of the
proceedings of a Court-martial includes a reference to the record
of the proceedings with respect to the confirmation or revision of
the findings and sentence of the Court-martial.

137. No action lies in respect of anything done by any person in
pursuance of a military sentence of imprisonment or detention if
the doing thereof would have been lawful but for a defect in any
warrant or other instrument made for the purposes of that sentence.

INTERPRETATION

138. (1) In this Part—
(a) “civil prison” means a prison in Trinidad and

Tobago in which a person sentenced by a civil
Court to imprisonment can for the time being be
confined;

(b) “convening officer”, in relation to a Court-
martial, means the officer convening that Court-
martial and includes his successor or any person
for the time being exercising his or his
successor’s functions;

(c) “military establishment” means a military
prison or any other establishment under the
control of the Minister where persons may be
required to serve military sentences of
imprisonment or detention, or a military
establishment as defined in section 143 of the
Army Act 1955 of the United Kingdom;

(d) “military prison” means separate premises
designated by the Minister for persons serving
military sentences of imprisonment;

(e) “prescribed” means prescribed by Rules of
Procedure;

(f) “prison” means a civil prison or a military prison.
(2) References in this Part to a military sentence of
imprisonment are references to a sentence of imprisonment
passed by a Court-martial.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Rules of
Procedure.

(3) References in this Part to a military sentence of
detention are references to a sentence of detention passed by a
Court-martial or awarded by the offender’s commanding officer.
(4) References in this Part to warrant officers do not
include references to acting warrant officers.
(5) References in this Part to non-commissioned officers
include references to acting non-commissioned officers and also
to acting warrant officers.
139. (1) Subject to this section, the Minister may make Rules
(herein referred to as Rules of Procedure) with respect to the
investigation and trial of, and awarding of, punishment for offences
cognisable by Court-martial, commanding officers and appropriate
superior authorities and with respect to the confirmation and
revision of findings and sentences of Courts-martial.
(2) Without prejudice to the generality of subsection (1),
Rules of Procedure may make provision with respect to all or any
of the following matters:
(a) the procedure to be observed in the bringing of

charges before commanding officers and
appropriate superior authorities;

(b) the manner in which charges so brought are to
be investigated, and the taking of evidence
(whether orally or in writing, whether or not on
oath and whether in full or in summary or
abstract form) for the purpose of investigating
or dealing summarily with such charges or
otherwise as a preliminary to the trial thereof by
Court-martial, provided that the Rules make
provision for the application of section 100 in
any case where the accused requires that
evidence shall be taken on oath;

(c) the addition to, or substitution for, a charge
which has been investigated of a new charge for
an offence disclosed by evidence taken on the
investigation and the treating of the investigation
as the investigation of the new charge;

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(d) the convening and constitution of Courts-martial;
(e) the sittings, adjournment and dissolution of

Courts-martial;
(f) the procedure to be observed in trials by Court-

martial;
(g) the representation of the accused at such trials;
(h) procuring the attendance of witnesses before

Courts-martial and at the taking of evidence in
pursuance of rules made under paragraph (b);

(i) applying in relation to proceedings before
commanding officers and appropriate superior
authorities and otherwise in relation to
proceedings prior to trial by Court-martial all or
any of the provisions of sections 106, 107, 108
and 109;

(j) empowering a Court-martial or the convening
officer, in such cases and to such extent as may
be prescribed, to amend a charge which is being
tried by the Court;

(k) empowering a Court-martial, where the
particulars proved or admitted at the trial differ
from those alleged in the charge, but are
sufficient to support a finding of guilty of the
like offence as that charged, to make a finding of
guilty subject to exceptions or variations
specified in the finding if it appears to the Court
that the difference is not so material as to have
prejudiced the accused in his defence;

(l) the forms of orders and other documents to be
made for the purposes of this Part or the rules
relating to the investigation or trial of, or award
of punishment for, offences cognisable by
Courts-martial, commanding officers or
appropriate superior authorities or to the
confirmation and revision of the findings and
sentences of Courts-martial.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

(3) Rules made by virtue of subsection (2)(j) shall
secure that the power to amend charges shall not be exercisable
in circumstances substantially different from those in which
indictments are amendable by a civil Court in Trinidad and
Tobago, or otherwise than subject to the like conditions, as nearly
as circumstances admit, as those subject to which indictments are
so amendable, and shall not be exercisable by a Court-martial
(otherwise than for the purpose only of correcting a mistake in
the name or description of the accused or a clerical error or
omission) unless there is a judge advocate present at the trial.
(4) Rules of Procedure may make provision as to the
exercise by a judge advocate of his functions at a trial by Court-
martial, and without prejudice to the generality of the foregoing
provisions, may make provision—
(a) as to the effect of advice or rulings given to the

Court by a judge advocate on questions of law;
(b) for requiring or authorising the president of a

Court-martial, in such cases as may be specified
in the Rules, to direct that questions of law shall
be determined by a judge advocate in the
absence of the president and other members of
the Court and any officers under instruction, and
for applying to the judge advocate and his
proceedings on any such determination such of
the provisions of this Act relating to the Court or
its members and the proceedings thereof as may
be specified in the Rules.

(5) In subsection (4) references to questions of law
include references to questions of joinder of charges and as to the
trial of persons jointly or separately.
(6) Rules of Procedure may make provision for
determining the cases in which and the extent to which Courts-
martial may, in sentencing an accused for any offence of which he
is convicted, at the request of the accused take into consideration
other offences against this Act committed by him.

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3 & 4 EIiz. 2
c. 18.

Imprisonment
and Detention
Rules.

(7) Where Rules of Procedure make provision for the
matter mentioned in subsection (6), they may also make
provision for conferring on the Court taking one or more offences
into consideration, the power to direct the making of such
deductions from the offender’s pay as the Court would have had
power to direct if he had been found guilty of the offence or
offences taken into consideration as well as of the offence of
which he was in fact found guilty.
(8) Until such time as Rules of Procedure are made
under this section, the matters with respect to which such Rules
may be made shall be governed, with such modifications as shall
be necessary for the purpose, by the Rules of Procedure made
under sections 103, 104 and 105 of the Army Act 1955 of the
United Kingdom.

140. (1) The Minister may make Rules (herein referred to as
“Imprisonment and Detention Rules”) with respect to all or any
of the following matters:
(a) the places in which and the establishments or

forms of custody (whether military or not) in
which persons may be required to serve the
whole or any part of military sentences of
imprisonment and detention passed on them;

(b) the committal of persons under military sentences
of imprisonment or detention to the appropriate
establishment or form of custody, their removal
from one establishment or form of custody to
another and their release on the coming to an end
of any term of imprisonment or detention;

(c) the provision, classification, regulation and
management of military establishments;

(d) the classification, treatment, employment,
discipline and control of persons serving
military sentences of imprisonment or detention
in military establishments or otherwise in
military custody;

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3 & 4 Eliz. 2
c. 18.

Board of
Inquiry Rules.

(e) the temporary release on compassionate
grounds of persons serving such sentences in
such establishments or custody as mentioned
above, the cases in which, periods for which and
conditions subject to which they may be
allowed out of any such establishment or
custody and the remission of part of any such
sentence for good conduct and industry;

(f) the appointment, powers and duties of
inspectors, visitors and governors, and of
officers and other members of the staff, of
military establishments.

(2) Until such time as Imprisonment and Detention
Rules are made under this section, the matters with respect to
which such rules may be made shall be governed, with such
modifications as shall be necessary for the purpose, by the
Imprisonment and Detention Rules made under sections 122 and
123 of the Army Act 1955 of the United Kingdom.

141. (1) The Minister may make Rules (in this Act referred to
as “Board of Inquiry Rules”) with respect to the convening,
constitution and procedure of boards of inquiry.
(2) Without prejudice to the generality of subsection (1),
the Board of Inquiry Rules may make provision with respect to
all or any of the following matters:
(a) the rules of evidence to be observed by boards

of inquiry and the taking of evidence before
such boards, provided that the rules shall
provide for the taking of evidence on oath or
affirmation except in circumstances such that if
the evidence was being taken at a Court-martial
an oath could be dispensed with;

(b) without prejudice to the provisions of section
132, the making in service books of records of
findings of boards of inquiry in such cases as
may be provided by the Rules.

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Miscellaneous
Rules.

Right of appeal.

Application for
leave to appeal.

(3) Board of Inquiry Rules shall contain provision for
securing that any witness or other person subject to service law
who may be affected by the findings of a board of inquiry shall
have an opportunity of being present, and represented, at the
sittings of the board or such part thereof as may be specified by
or under the Rules.

142. The Minister may make Rules with respect to all or any
of the following matters:
(a) the execution of sentences of death, including

the manner and place where such executions are
to be carried out and the custody, treatment and
removal of persons under sentence of death;

(b) field punishment;
(c) any matter which by this Part is required or

authorised to be prescribed or for which rules
may be made;

(d) such incidental and supplementary matters as
appear requisite for any of the purposes set out
in sections 139, 140 and 141 and in this section.

PART VI

APPEALS FROM COURTS-MARTIAL
143. Subject to this Part a person convicted by a Court-martial
may, with the leave of the Court of Appeal, appeal to that Court
against his conviction.

144. (1) The Court of Appeal shall not grant leave to appeal
except in pursuance of an application in that behalf made by or
on behalf of the appellant, and lodged, within twenty-eight days
of the date of the promulgation of the finding of the Court-martial
in respect of which the appeal is brought, with the Registrar of
the Supreme Court, being an application in the prescribed form
and specifying the grounds on which leave to appeal is sought
and such other particulars, if any, as may be prescribed.

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Determination
of appeals in
ordinary cases.

Powers of the
Court of Appeal
in special cases.

(2) Rules of Court may provide that, in such circumstances
as may be specified in the Rules, an application mentioned in
subsection (1) which is lodged with such person, other than the
Registrar, as is specified in the Rules shall be treated, for the purposes
of that subsection, as having been lodged with the Registrar.
(3) The Court of Appeal may extend the period within
which an application for leave to appeal shall be lodged, whether
that period has expired or not.
(4) In considering whether or not to give leave to appeal,
the Court of Appeal shall have regard to any expression of
opinion made by the judge advocate if any, who acted at the
Court-martial that the case is a fit one for appeal, and, if any such
expression is made, may without more give leave to appeal.
(5) The Court of Appeal may, where it dismisses an
application for leave to appeal if it considers the application to
have been frivolous or vexatious, order that any sentence passed
upon the applicant in the proceedings from which it was sought
to bring the appeal shall begin to run from the day on which the
Court dismiss the application.

145. (1) Subject to section 146, on an appeal under this Part,
the Court of Appeal shall allow the appeal if it thinks that the
finding of the Court-martial is unreasonable or cannot be
supported having regard to the evidence or involves a wrong
decision on a question of law or that, on any ground, there was a
miscarriage of justice, and in any other case shall dismiss the
appeal; but the Court may, notwithstanding that it is of the
opinion that the point raised in the appeal might be decided in
favour of the appellant, dismiss the appeal if it considers that no
substantial miscarriage of justice has actually occurred.
(2) If the Court of Appeal allows an appeal under this
Part, it shall quash the conviction.

146. (1) If it appears to the Court of Appeal that an appellant,
though not properly convicted on some charge preferred against
him before the Court-martial by which he was tried, was properly

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convicted on some other charge so preferred, then, if the sentence
passed by the Court-martial on the appellant was not one which
could lawfully be passed by the Court-martial for the offence of
which he was convicted on the other charge, the Court shall pass
on the appellant, in substitution for the sentence passed on him by
the Court-martial, such sentence as it thinks proper, being a
sentence which might lawfully be passed in respect of the charge
on which the appellant was properly convicted, but not being a
sentence of greater severity.
(2) Where an appellant has been convicted of an offence
and the Court-martial by which he was tried could lawfully have
found him guilty of some other offence, and it appears to the
Court of Appeal that the Court-martial must have been satisfied
of facts, which proved him guilty of that other offence, the Court
may, instead of allowing or dismissing the appeal, substitute for
the finding of the Court-martial a finding of guilty of the other
offence and pass on the appellant, in substitution for the sentence
passed on him by Court-martial, such sentence as they think
proper, being a sentence which could lawfully have been passed
for that other offence but not being a sentence of greater severity.
(3) When—
(a) an appellant has been convicted of an offence

committed under circumstances involving the
higher of two degrees of punishment, and it
appears to the Court of Appeal that the Court-
martial by which he was tried ought to have
found him guilty of the offence as being
committed under circumstances involving the
lower degree of punishment; or

(b) an appellant has been convicted of an offence
and it appears to the Court of Appeal that the
Court-martial by which he was tried ought to
have found him guilty of the offence subject to
exceptions or variations,

the Court may, instead of allowing or dismissing the appeal,
substitute for the finding of the Court-martial a finding of guilty of

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Appeals to
Privy Council.

the offence as being committed under circumstances involving the
lower degree of punishment or, as the case may be, guilty of the
offence subject to exceptions or variations and pass on the appellant,
in substitution for the sentence passed on him by Court-martial, such
sentence as it thinks proper, being a sentence which could lawfully
have been passed for the offence specified or involved in the
substituted finding, but not being a sentence of greater severity.
(4) If, on an appeal, it appears to the Court of Appeal
that, although the appellant was guilty of the act charged against
him, he was insane at the time the act was done, so as not to be
responsible according to law for his actions, the Court may quash
the sentence passed at the trial and order the appellant to be kept
in custody in accordance with section 119 in like manner as on a
special finding of insanity by the Court-martial by which the
appellant was convicted.
(5) The term of any sentence passed by the Court of
Appeal under this section, unless the Court otherwise direct,
begins to run from the time from which it would have begun to run
if it had been passed in the proceedings from which the appeal is
brought, and a sentence passed by the Court of Appeal shall be
deemed for the purposes of this Act to be a sentence passed by the
Court-martial being a sentence that has been confirmed.

147. If, in the case of an appeal under this Part, the Court of
Appeal upon an application in that behalf made to the Court
within a period of fourteen days from the date when the decision
of the Court was given, is of opinion that the decision of the
Court involves a point of law of exceptional public importance
and that it is desirable in the public interest that a further appeal
should be brought, the Court may grant leave to the appellant for
the respondent to appeal to the Judicial Committee of the Privy
Council from the decision of the Court; but, subject to this
section, the determination by the Court of Appeal of any appeal
or other matter which it has power to determine shall be final and
conclusive for all purposes, and no appeal shall lie from the Court
to any other Court.

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Supplementary
powers of the
Court of Appeal.
Ch. 4:01.

Proceedings to
be heard in
absence of
appellants.

Defence of
appeals.

Right of
appellant to
present his case
in writing.
Suspension of
death sentences.

148. For the purposes of this Part, the Court of Appeal shall have
and may exercise all the powers conferred on it by sections 47 and
53 of the Supreme Court of Judicature Act and by the rules made
thereunder relating to—
(a) legal assistance to an appellant;
(b) the obtaining and production of documents; and
(c) the receiving and examination of further evidence.

149. An appellant is not entitled to be present at the hearing of
an appeal to the Court of Appeal under this Part or at any
proceedings preliminary or incidental to such an appeal, except
where Rules of Court provide that he shall have the right to be
present or the Court gives him leave to be present, and
accordingly any power of the Court of Appeal under this Part to
pass a sentence may be exercised in the absence of the appellant.

150. The Director of Public Prosecutions shall undertake the
defence of an appeal against conviction by a Court-martial.

151. An appellant may if he so desires, instead of presenting
his case orally, present it in writing in the prescribed form.

152. (1) Where a conviction by Court-martial involves
sentence of death—
(a) the sentence shall not in any case be executed

until the expiration of the period within which
an application for leave to appeal to the Court of
Appeal against the conviction shall be lodged;

(b) if such an application is duly lodged, the
sentence shall not be executed until either the
application is finally refused or is withdrawn or
the appeal is determined or abandoned;

(c) if leave to appeal is granted and the appeal is
dismissed, the sentence shall not be executed
until the expiration of the period within which
an application may be made under section 147
for leave to appeal to the Judicial Committee of
the Privy Council; and

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Person not to be
tried again
where
conviction
quashed.

Removal of
prisoners for
purposes of
proceedings
under Part V.

Furnishing, on
appeal, of
documents
relating to trial.
[32 of 1979].

Duties of
Registrar of the
Supreme Court
with respect to
appeals, etc.

(d) if an application under the said section 147 is duly
made, the sentence shall not be executed until
leave is refused or the application is withdrawn or
the further appeal that lies to the Judicial
Committee of the Privy Council by virtue of the
grant of leave is determined or abandoned.

(2) Any appeal to the Court of Appeal against
conviction by a Court-martial involving sentence of death, any
application for leave to appeal to the Court of Appeal against any
such conviction and any appeal to the Judicial Committee of the
Privy Council against a decision of the Court of Appeal on an
appeal thereto against any such conviction shall be heard and
determined with as much expedition as practicable.

153. Where the conviction of a person by a Court-martial for an
offence has been quashed under this Part, he is not liable to be tried
again for that offence by a Court-martial or by any other Court.

154. Imprisonment and Detention Rules may provide in what
manner an appellant, when in custody, is to be taken to, kept in
custody at, and brought back from any place at which he is
entitled to be present for the purposes of this Part or any place to
which the Court of Appeal or a judge thereof may order him to be
taken for the purpose of any proceedings of the Court of Appeal.

155. In the case of every appeal, or application for leave to
appeal, under this Part to the Court of Appeal against a conviction
by Court-martial, the Chief of Defence Staff shall furnish to the
Registrar of the Supreme Court in accordance with Rules of Court,
the proceedings of the Court-martial [including any proceedings
with respect to the revision of the finding or sentence of the Court-
martial in pursuance of section 112(1)], the proceedings with
respect to the confirmation of the finding and sentence of the
Court-martial and any petition presented by the person convicted.

156. (1) The Registrar of the Supreme Court shall take all
necessary steps for obtaining the determination of an appeal or
application under this Part and shall obtain and lay before the Court

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Saving of
President’s
powers.

Composition
of Court.

Exercise of
certain powers
of Court of
Appeal by
a judge.

of Appeal in proper form all documents, exhibits and other things
relating to the proceedings in the Court-martial before which the
appellant or applicant was tried which appear necessary for the
proper determination of the appeal or application.
(2) The Registrar of the Supreme Court shall furnish the
necessary forms and instructions relating to applications for leave
to appeal under this Part to any person who demands them, to
persons in charge of places where persons sentenced by Court-
martial may lawfully be confined for the purpose of serving their
sentences and to such other persons as he thinks fit; and every
person in charge of such a place shall cause the forms and
instructions to be placed at the disposal of persons confined in
that place who desire to make application for leave to appeal
under this Part.

157. Nothing in this Part shall affect the exercise by the
President of the powers herein contained to quash a conviction by
a Court-martial, so far as regards the exercise thereof at a time
before the receipt by the Registrar of the Supreme Court of an
application for leave to appeal to the Court of Appeal against the
conviction and nothing in this Part shall affect the exercise by the
President of the prerogative of mercy.

158. Upon the hearing of any appeal from a Court-martial the
Court of Appeal shall consist of at least three judges.

159. Notwithstanding the provisions of section 158, a judge of
the Court of Appeal may—
(a) give leave to appeal;
(b) subject to the provisions of section 144, extend

the period within which an application for leave
to appeal must be lodged; or

(c) allow an appellant to be present at any
proceedings under this Part,

but if the judge refuses an application on the part of an appellant
to exercise in his favour any of the powers mentioned above, the

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General
provisions.

Forfeitures and
deductions:
general
provisions.

appellant, upon making a requisition in that behalf, within the
prescribed period and in the prescribed form and manner, shall be
entitled to have the application determined in accordance with
section 158.

160. (1) Subject to this Part, any Rules of Court in force
relating to the hearing of criminal appeals by the Court of Appeal
apply to the hearing and determination of an appeal by the Court
under this Part.
(2) Where under this Part anything is required or
authorised to be prescribed it shall be prescribed by Rules of Court.

PART VII

FORFEITURES AND DEDUCTIONS
161. (1) No forfeiture of the pay of an officer or other rank
shall be imposed unless authorised by this Act, other service law
or some other written law; and no deduction from such pay shall
be made unless so authorised by Regulations.
(2) Regulations shall not authorise the making of any
penal deduction, that is to say, a deduction to be made by reason
of the commission of any offence or other wrongful act or in
consequence of any negligence.
(3) The provisions of subsection (1) or subsection (2)
shall not be construed so as to prevent the making of regulations
providing for the imposition of any forfeiture authorised by this
Act or the making of any deduction so authorised, or for the time
at which and manner in which sums may be deducted from pay
to give effect to authorised deductions or the manner in which
amounts may be so deducted in order to recover any fine imposed
in pursuance of this Act, or as to the appropriation of any such
sum or amount when deducted, or of providing for the
determination of questions relating to forfeitures or deductions.
(4) Notwithstanding any deduction from the pay of
an officer or other rank he shall, subject to any forfeiture,
remain in receipt of pay at not less than such minimum rate
as may be prescribed.

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Forfeiture of
pay for absence
from duty.
[32 of 1979].

(5) Notwithstanding that forfeiture of pay of an officer
or other rank for any period has been ordered in pursuance of this
Act, he shall remain in receipt of pay at such a minimum rate as
may be prescribed, but the amount received for that period may
be recovered from him by deduction from pay.
(6) Any amount authorised to be deducted from the pay
of an officer or other rank may be deducted from any balance,
whether or not representing pay, which may be due to him as an
officer or other rank, and references in this Act to the making of
deductions from pay shall be construed accordingly.

162. (1) The pay of an officer or other rank may be forfeited—
(a) for any day of absence in such circumstances as

to constitute an offence under section 47 or 48
or, if the Chief of Defence Staff or an officer
authorised by regulations so directs, of other
absence without leave;

(b) for any day of imprisonment, detention or field
punishment awarded under service law by a
Court-martial or commanding officer, or of
imprisonment or detention of any description to
which he is liable in consequence of an order or
sentence of a civil Court;

(c) where he is found guilty, whether by Court-
martial under service law, an appropriate
superior authority or his commanding officer, of
an offence under service law for any day
whether before or after he is found guilty on
which he is in hospital on account of sickness or
injury certified by the proper medical officer to
have been occasioned by the offence.

(2) The pay of an officer or other rank may be forfeited
for any day of absence by reason of his having been made a
prisoner of war, if the Chief of Defence Staff or an officer
authorised by Regulations for that purpose is satisfied—
(a) that he was made a prisoner of war through

disobedience of orders or wilful neglect of his duty;

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Deductions for
payment of civil
penalties.

Compensation
for loss
occasioned by
wrongful act or
negligence.

(b) that having been made a prisoner of war he
failed to take any reasonable steps available to
him to rejoin the Force; or

(c) that having been made a prisoner of war he
served with or aided the enemy in the
prosecution of hostilities or measures calculated
to influence morale or in any other manner
whatsoever not authorised by international
usage, but, except as provided in this subsection,
nothing in subsection (1)(a) shall apply to
absence by reason of having been made a
prisoner of war.

(3) Regulations may make provision as to the
computation of time for the purposes of this section and in
particular as to the counting or disregarding of parts of days.

163. Where an officer or other rank charged with an offence
before a civil Court, is sentenced or ordered by the Court to pay
any fine, penalty, damages, compensation or costs, and the whole
or part thereof is met by a payment made by or on behalf of any
military authority, the amount of the payment may be deducted
from his pay.

164. (1) Without prejudice to the provisions of this Act
relating to the imposition of stoppages as a punishment, this
section has effect where, after such investigation as may be
prescribed by Regulations, it appears to the Minister or an officer
authorised by Regulations for that purpose that any loss of, or
damage to, public or service property has been occasioned by any
wrongful act or negligence of an officer or soldier (hereinafter
referred to as “the person responsible”).
(2) The Minister or such authorised officer, as the case
may be, may order the person responsible to pay as or towards
compensation for the loss or damage, such sum as may be
specified in the order, and any such sum, in so far as not otherwise
paid by the person responsible, may be deducted from his pay.

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Deductions for
barrack damage.

Remission of
forfeitures and
deductions.
[32 of 1979].

(3) No order shall be made under subsection (2) if, in
proceedings before a Court-martial under service law, an
appropriate superior authority or a commanding officer, the
person responsible—
(a) has been acquitted in circumstances involving a

finding that he was not guilty of the wrongful
act or negligence in question; or

(b) has been awarded stoppages in respect of the
same loss or damage,

but save as mentioned above, the fact that such proceedings have
been brought in respect of the wrongful act or negligence in
question shall not prevent the making of an order or deduction
under subsection (2).

165. (1) When damage occurs to premises in which one or
more units or parts of such units of the Force are quartered or
billeted, or any fixtures, furniture or effects in or belonging to such
premises are damaged or lost, and it appears on investigation in
accordance with the provisions or Regulations that the damage or
loss was occasioned by the wrongful act or negligence of persons
belonging to the units or parts of units in occupation thereof, but
that the said persons cannot be identified, every person belonging
to any of such unit or parts of units of the Force may be required
to contribute towards compensation for the damage or loss such
amount as may in accordance with Regulations be determined to
be just, and the amount may be deducted from his pay.
(2) The provisions of subsection (1) extend to ships,
trains, motor vehicles and aircraft in which units or parts of units
of the Force are being transported; and reference to premises,
quartering and occupation shall be construed accordingly.

166. (1) The Minister or such authority as may be provided for
by Regulations may remit a forfeiture or deduction imposed under
the provisions of section 162, 163, 164 or 165 or under Regulations.
(2) Officers or men of the Force against whom an order
is made by an officer authorised under section 164, 167 or 168

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Enforcement of
maintenance
and affiliation
orders by
deduction from
pay.
[32 of 1979].

may in accordance with the Regulations, apply to a board of officers
for a further examination of the case in respect of which the order
was made and the Board shall after considering the case, give such
directions to the officer who made the order as it thinks fit.
(3) Any forfeiture or deductions imposed under section
162, 163, 164 or 165 or under the Regulations may be remitted
by the Council or such other authority as may be provided for by
such Regulations.

167. (1) Where a Court has made an order against any person
(in this section referred to as “the defendant”) for the payment of
any periodical or other sums specified in the order for or in
respect of—
(a) the maintenance of his wife or child or of

any illegitimate child of whom he is the
putative father;

(b) any costs incurred in obtaining the order; or
(c) any costs incurred in proceedings on appeal

against, or for the variation, revocation or
revival of, any such order,

and the defendant is an officer or other rank, then (whether or not
he was a member of the Force when the order was made) the Chief
of Defence Staff or an officer authorised by him may order such
sum to be deducted from the pay of the defendant and appropriated
in or towards satisfaction on the payment due under the order of the
Court as the Chief of Defence Staff or officer may think fit.
(2) Where to the knowledge of the Court making an
order described in subsection (1), or an order varying, revoking or
reviving such order, the defendant is an officer or other rank, the
Court shall send a copy of the order to the Chief of Defence Staff.
(3) Where an order described in subsection (1) has been
made by a Court in a Commonwealth territory outside Trinidad
and Tobago, and the Chief of Defence Staff, or such officer as may
be authorised by him, is satisfied that the defendant has had a
reasonable opportunity of appearing in person, or has appeared by
a duly authorised legal representative, to defend the case before

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the Court by which the order was made, the Chief of Defence
Staff or such officer has the same power under subsection (1) as
if the order had been made by such a Court as is mentioned in that
subsection; but this subsection does not apply to an order for
payment of a sum for or in respect of the maintenance of an
illegitimate child or for the payment of costs incurred in
obtaining such an order or in proceedings on appeal against, or
for the variation, revocation or revival of, such an order.
(4) The Chief of Defence Staff or such officer as has
been authorised by him may by order vary or revoke any order
previously made under this section, and may treat any order made
under this section as being in suspense at any time while the
person against whom the order was made is absent as mentioned
in section 162(1)(a).
(5) In this section—
(a) references to an order made by a Court in

Trinidad and Tobago include references to an
order registered in or confirmed by such a Court
under any law which makes provision for the
enforcement in any country of maintenance
orders made outside that country;

(b) references to a wife or child include, in relation
to an order made in proceedings in connection
with the dissolution or annulment of a marriage,
references to a person who would have been the
wife or child of the defendant had the marriage
subsisted.

(6) For the purposes of subsection (5) the expression
“maintenance order” means an order other than an order of
affiliation for the periodical payment of sums of money towards
the maintenance of the wife or other dependants of the person
against whom the order is made, and the expression “dependants”
means such persons as that person is, according to the law in
force in that part of the Commonwealth in which the maintenance
order was made, liable to maintain.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Deductions
from pay for
maintenance of
wife or child.
[32 of 1979].

168. (1) Where the Chief of Defence Staff or an officer
authorised by him is satisfied that an officer or other rank is
neglecting without reasonable cause to maintain his wife or any
child of his under the age of sixteen, the Chief of Defence Staff
or officer may order such sum to be deducted from his pay and
appropriated towards the maintenance of his wife or child as the
Chief of Defence Staff or officer thinks fit.
(2) On an application made to the Chief of Defence Staff
or an officer authorised by him for an order under subsection (1),
the Chief of Defence Staff or officer, if satisfied that a prima facie
case has been made out for the making of such an order, may
make an interim order for such deduction and appropriation as is
mentioned in the said subsection (1) to take effect pending the
further examination of the case.
(3) Where an order is in force under section 167(1) or
(3) for the making of deductions in favour of any person from the
pay of an officer, or other rank, no deductions from his pay in
favour of the same person shall be ordered under subsection (1)
or (2) of this section unless the officer or other rank is in a place
where process cannot be served on him in connection with
proceedings for the variation of the order of the Court in
consequence of which the order under section 167 was made.
(4) The Chief of Defence Staff or an officer authorised
by him may by order vary or revoke any order previously made
under this section, and may treat any order made under this
section as being in suspense at any time while the person
against whom the order was made is absent as mentioned in
section 162(1)(a).
(5) The power to make an order under this section for
the deduction of any sum and its appropriation towards the
maintenance of a child includes power—
(a) subject to the provisions of subsection (3), to

make such an order after the child has attained
the age of sixteen, if an order in favour of the
child is in force under section 167(1) or (3);

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Limit of
deductions
under sections
167 and 168
and effect on
forfeiture.

(b) to make such an order after the child has
attained the age of sixteen if—

(i) such an order of the Court as is mentioned
in section 167(1) was in force in favour of
the child at the time when the child
attained that age;

(ii) the person from whose pay the deductions
are ordered is in such a place as is
mentioned in subsection (3); and

(iii) the child is for the time being engaged in
a course of education or training; or

(c) to continue such an order from time to time after
the child has attained the age of sixteen, if the
child is for the time being engaged in a course of
education or training,

but no order so made or continued shall remain in force after the
child attains the age of twenty-one or shall, unless continued
under paragraph (c), remain in force for more than two years.
169. (1) The sums deducted under sections 167 and 168 shall
not together exceed—
(a) in the case of an officer, three-sevenths of his pay;
(b) in the case of a warrant officer or a non-

commissioned officer not below the rank of
sergeant or corresponding rank, two-thirds of
his pay;

(c) in the case of a man or a non-commissioned
officer below the rank of sergeant or
corresponding rank, three-fourths of his pay.

(2) Where any deductions have been ordered under
either section 167 or section 168 from a pay of an officer or an
other rank and, whether before or after the deductions have been
ordered, he incurs a forfeiture of pay by or in consequence of the
finding or sentence of a Court-martial or the finding or award of
an appropriate superior authority or a commanding officer, the
order applies only to so much of his pay as remains after the
deductions have been made.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Service of
process in
maintenance
proceedings.

Billeting
requisitions.

(3) For the purposes of subsection (1)(b) or (c) a person
having acting rank shall be treated as of that rank.
170. (1) Any process to be served on an officer or other rank
(in this section referred to as “the defendant”) in connection with
proceedings for the obtaining, variation, revocation or revival of
an order described in section 167(1)(a), shall be deemed to be
duly served on him if served either on him or his commanding
officer, and may, without prejudice to any other method of
service, be so served by registered post.
(2) Where the process mentioned in subsection (1)
appoints a hearing at a place more than twenty miles from the
place where the defendant is then stationed and his appearance in
person will be required at the hearing, service of the process is
not valid unless there is left with it, in the hands of the person on
whom it is served, a sum of money sufficient to enable the
defendant to attend the hearing and return.
(3) Where the process mentioned in subsection (1) is
served in Trinidad and Tobago and the defendant is required to
appear in person at the hearing, then if his commanding officer
certifies to the Court by which process was issued that the
defendant is under orders for active service out of Trinidad and
Tobago and that in the commanding officer’s opinion it is not
possible for the defendant to attend the hearing and return in time
to embark for that service, the service of the process shall be
deemed not to have been effected.

PART VIII

BILLETING AND REQUISITION OF VEHICLES
BILLETING

171. At any time when this section is in operation, an officer
of the rank of major or above commanding any part of the Force
may issue a billeting requisition requiring the Commissioner of
Police to provide billets at such places for such numbers of the
Force, and, if the requisition so provides, for such number of
vehicles in use for the purpose of the Force, being vehicles of any
class specified in the requisition, as may be so specified.

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Premises in
which the billets
may be
provided.

Provision of
billets.

172. (1) Billets, other than for vehicles, may be provided in
pursuance of a billeting requisition—
(a) in any hotel (whether licensed or not) or in any

other premises occupied for the purposes of a
business consisting of or including the provision
of sleeping accommodation for reward;

(b) in any building not falling within paragraph (a)
being a building to which the public habitually
have access whether on payment or otherwise or
which is wholly or partly provided or maintained
out of the funds of any local authority;

(c) in any dwelling, outhouse, warehouse, barn or
stables,

but not in any other premises.
(2) Billets for vehicles may be provided in the manner
set forth in subsection (1) in any building or on any land.

173. (1) Where a billeting requisition has been produced to
the Commissioner of Police, he shall, on the demand of the officer
commanding any portion of the Force, or on the demand of an
officer or other rank authorised in writing by such an officer
commanding, billet on the occupier of premises falling within
section 172 being premises at such place in Trinidad and Tobago
or part thereof as may be specified by the officer or other rank by
whom the demand is made, such number of persons or vehicles as
may be required by the officer or other rank by whom the demand
is made, not exceeding the number specified in the requisition.
(2) The Commissioner of Police shall exercise his
functions under this section in such manner as in his opinion will
cause least hardship to persons on whom billeting may take place.
(3) The Commissioner of Police may to such extent and
subject to such restrictions as he thinks proper authorise any
police officer not below the rank of assistant superintendent, to
exercise his functions on his behalf, and subsections (1) and (2)
shall apply accordingly.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Accommodation
to be provided
and payment
therefor.

174. (1) Where persons are billeted in pursuance of a billeting
requisition, the occupier of the premises on which they are billeted
shall furnish such accommodation (including meals) as the officer
or other rank demanding the billets may require, not exceeding
such accommodation as may be prescribed by Regulations.
(2) Where vehicles are billeted in pursuance of a
billeting requisition, the occupier of the premises shall furnish
standing room for the vehicles.
(3) Where persons or vehicles have been billeted in
pursuance of a billeting requisition they may continue to be
billeted, so long as section 171 continues in operation, for such
period as may be required, and the allotment of billets among the
persons or vehicles in question may be varied from time to time.
(4) The occupier on whose premises any person or
vehicle is billeted is entitled to receive for the billeting such
payment as may be prescribed by Regulations but no payment
shall be required in respect of vehicles billeted otherwise than in
a building unless the land on which they are billeted—
(a) has its surface made up for the passage or

parking of vehicles; and
(b) is not land where vehicles are normally allowed

to stand free of charge irrespective of the person
by whom they are owned or driven.

(5) Subject to subsection (6), payment for billeting—
(a) shall be made before the persons billeted finally

leave, or the vehicles are finally removed from,
the premises where they are billeted; and

(b) where the billeting continues for more than
seven days, shall be made at least once in every
seven days.

(6) If for any reason payment for billeting cannot be
made or fully made, as required by subsection (5)(a), there shall
be made up for the occupier an account, in such form as may be
prescribed, of the amount due to him; and
(a) on presentation of the account, the Comptroller

of Accounts shall pay to the occupier the
amounts stated in the account to be due;

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Appeals against
billeting.

Compensation
for damage.

(b) any sums paid by the Comptroller of Accounts
under paragraph (a) shall be recoverable by him
from public funds.

(7) In relation to premises of which there is no occupier
this section applies as if the person entitled to possession thereof
were the occupier thereof.

175. (1) Any person who—
(a) is aggrieved by having an undue number of

persons billeted upon him in pursuance of a
billeting requisition; or

(b) claims that by reason of special circumstances
he should be exempted from having persons so
billeted on him, either generally or on a
particular occasion,

may apply to such person or persons as shall be appointed by the
Minister for the purposes of this section.
(2) On any application on the grounds mentioned in
subsection (1)(b) the person or persons to whom the application
is made may grant such exemption as may seem just or may
dismiss the application.
(3) An application under this section shall not affect
billeting pending the determination of the application.

176. (1) Where any damage is caused to any premises by the
billeting of persons or vehicles in pursuance of a billeting
requisition, the occupier of the premises, or if there is no
occupier, the person entitled to possession thereof, may recover
from the State compensation of an amount equal to the
depreciation caused by the damage in the value of the premises.
(2) Where a person other than the recipient of
compensation under subsection (1) has any interest in the
premises, being an interest the value of which is depreciated by
the damage, he shall be entitled to recover from the recipient such
part of the compensation as may be just.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Refusal to
receive persons
billeted, etc.

Application to
civilians
employed with
the Force.

Requisitioning
orders.

Provision of
vehicles.

177. Any person who—
(a) refuses to receive any person billeted upon him

in pursuance of a billeting requisition or without
reasonable excuse fails to furnish him with the
accommodation properly required for him;

(b) gives or agrees to give any person billeted upon
him in pursuance of a billeting requisition any
money or reward in lieu of receiving any person
or vehicle or furnishing accommodation
properly required for him; or

(c) obstructs the billeting in his building or on his
land of any vehicle,

is liable on summary conviction to a fine of seven hundred and
fifty dollars and to imprisonment for three months.
178. Sections 171 to 177 apply in relation to persons of such
descriptions as may be prescribed who are employed with the
forces, but are not entitled under those sections to be billeted, as
they apply in relation to members of the Force.

REQUISITIONING OF VEHICLES
179. (1) At any time when this section is in operation any officer
of the rank of major or above commanding any unit of the Force in
Trinidad and Tobago may issue a requisitioning order authorising the
requisitioning, from among vehicles in Trinidad and Tobago or part
thereof specified in the order, of such vehicles, or such number of
vehicles of such descriptions, as may be specified in the order.
(2) The purposes for which an order under this section
may authorise vehicles to be requisitioned shall be such purposes
for meeting the needs of any unit of the Force as may be specified
in the order.
180. (1) A requisitioning order may be issued to the officer
commanding any portion of the Force, and that officer, or an
officer or other rank authorised by him in writing may give
directions for the provision—
(a) insofar as the requisitioning order authorises the

requisitioning of particular vehicles, of all or
any of those vehicles;

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(b) insofar as the order authorises the requisitioning
of vehicles of a specified description, of the
number of vehicles of that description specified in
the order or any lesser number of such vehicles.

(2) A direction under subsection (1) given as respects
any vehicle may be either—
(a) a direction to the person having possession

thereof to furnish it immediately at the place
where it is; or

(b) a direction given to the said person to furnish it
at such place within fifty miles from the
premises of the said person and at such time as
may be specified by the officer or soldier by
whom the direction is given,

but no direction shall be given under paragraph (b) as respects a
vehicle which is neither mechanically-propelled nor a trailer
normally drawn by a mechanically-propelled vehicle.
(3) If the officer to whom the requisitioning order is
issued, or an officer or other rank authorised by him in writing, is
satisfied that a person has refused or neglected to furnish a
vehicle in accordance with a direction under any of the
provisions of subsection (1), or has reasonable ground for
believing that it is not practicable without undue delay to give a
direction to the said person, he may take, or authorise an officer
or other rank to take, possession of the vehicle; and where
possession is taken of a vehicle in pursuance of this subsection,
this Part with the necessary modifications applies as if the vehicle
had been furnished by the person having possession of the
vehicle in accordance with a direction to furnish it immediately
at the place where it is, and, in particular, payment shall be made
therefor as if it had been so furnished.
(4) The Commissioner of Police shall, on a request to
that effect made by or on behalf of the officer to whom a
requisitioning order is issued, give instructions for securing that
so far as practicable constables will be available, if required, for
accompanying officers or other ranks requisitioning vehicles in
pursuance of the order.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Period for
which vehicle to
be furnished.

Payment for
vehicle
furnished.

Third Schedule.

181. (1) Subject to this section, where a vehicle has been
furnished in pursuance of a requisitioning order it may be retained,
so long as section 179 is in operation, for any period for which it is
required for the purpose specified in the order or for any other
purpose connected with the needs of any unit of the Force.
(2) During such time as the reserve is called out on
permanent service, then insofar as a requisitioning order so
provides, the person by whom any vehicle is to be furnished may
be required to furnish it for the purposes of its being purchased
on behalf of the State.

182. (1) A person by whom a vehicle is furnished in
pursuance of a requisitioning order, and is so furnished otherwise
than for the purpose of being purchased, is entitled to be paid—
(a) a sum for the use of the vehicle calculated by

reference to the period for which possession of
the vehicle is retained, at the rate of payment
commonly recognised or generally prevailing in
Trinidad and Tobago at the time at which the
vehicle is furnished, or, in the default of such a
rate, at such rate as may be just;

(b) a sum equal to the cost of making good any
damage to the vehicle not being damage
resulting in a total loss thereof or damage
attributable to fair wear and tear, which may
have occurred during the period for which
possession of the vehicle is retained and has not
been made good during that period by a person
acting on behalf of the State;

(c) if during the said period, a total loss of the
vehicle occurs a sum equal to the value of the
vehicle immediately before the occurrence of
the damage which caused the loss.

In paragraph (b) and in the Third Schedule references to fair
wear and tear shall be construed as references to such fair wear
and tear as might have been expected to occur but for the fact that
the vehicle was requisitioned.

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(2) The person by whom a vehicle is furnished in
pursuance of a requisitioning order for the purpose of being
purchased is entitled to be paid the value of the vehicle at the time
at which it is furnished.
(3) Where a vehicle is furnished in pursuance of a
direction under section 180(2)(b), then—
(a) for the purposes of subsection (1)(a) and (b) of

this section (if that subsection applies) the
period for which possession of the vehicle is
retained shall be deemed to begin at the time
when the direction is given, and for the purposes
of subsection (2) of this section (if that
subsection applies) the vehicle shall be deemed
to have been furnished at that time;

(b) in addition to the payment provided for by
subsection (1) or subsection (2) of this section
the person by whom the vehicle is furnished is
entitled to be paid the amount of any
expenditure reasonably incurred by him in
complying with the direction.

(4) Where a direction to furnish a vehicle is given under
section 180(2)(b), and after the giving of the direction any
damage occurs to the vehicle (whether or not resulting in a total
loss thereof), then if the damage prevents the furnishing of the
vehicle in pursuance of the requisitioning order, subsections (1),
(2) and (3) of this section apply as if the vehicle had been
furnished, and (notwithstanding that it may have been required to
be furnished for the purpose of being purchased) had been
furnished otherwise than for that purpose, subject however to the
following modifications, that is to say:
(a) subsection (1)(a), (b) and (c) of this section has

effect as if for the period therein mentioned there
were substituted the period beginning with the
giving of the direction and ending immediately
after the occurrence of the damage;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Third Schedule.

Avoidance or
hardship in
requisitioning
of vehicles.

(b) subsection (3)(b) of this section has effect as if
for the words “in complying with” there were
substituted the words “by reason of anything
done for the purpose of complying with”.

(5) Where a person (in this section referred to as “a
person interested”) other than the person by whom a vehicle is
required to be furnished has an interest in the vehicle—
(a) the person by whom the vehicle is required to be

furnished shall notify any person known to him
to be a person interested that the vehicle has
been requisitioned;

(b) a person interested is entitled to recover from
the person by whom the vehicle was required to
be furnished such part (if any) of the payment
received by him for the vehicle as may be just.

(6) The Third Schedule has effect as to the time for the
making of payments under this section and as to the
determination of disputes arising thereunder.
(7) Where, during the period for which possession of a
vehicle is retained, a total loss of the vehicle occurs, then—
(a) for the purposes of subsection (1)(a) and (b) and

of the Third Schedule the said period shall be
deemed to have come to an end immediately
after the occurrence of the loss; and

(b) no claim shall be made for the return of the
vehicle (if it still exists) or for payment in
respect thereof other than such as is provided for
by subsection (1).

183. In deciding which of alternate vehicles is to be specified
in an order under section 179 or is to be the subject of a direction
under section 180(1)(b), the officer or other rank by whom the
order is issued or direction given shall act in such manner as in
his opinion will cause the least hardship.

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Record and
inspection of
mechanically-
propelled
vehicles.

Enforcement of
provisions as to
requisitioning.

184. The President may by Regulations require persons
having in their possession mechanically-propelled vehicles, or
trailers normally drawn by mechanically-propelled vehicles, if
required to do so by such authority or person as may be specified
in the Regulations—
(a) to furnish to such authority or person as may be

so specified a return containing such particulars
as to the vehicles as may be required by or under
the Regulations; and

(b) to afford all reasonable facilities for enabling
any such vehicles in his possession to be
inspected and examined, at such times as may
be specified by or under the Regulations, by
such authority or person as may be so specified.

185. (1) Any person who—
(a) fails to furnish any vehicle which he is directed

to furnish in pursuance of a requisitioning order,
or fails to furnish any such vehicle at the time
and place at which he is directed to furnish it;

(b) fails to comply with any regulations made under
section 184; or

(c) obstructs any officer or other person in the
exercise of his functions under this Part in relation
to the inspection or requistioning vehicles,

is liable on summary conviction to a fine of seven hundred and
fifty dollars and to imprisonment for three months.
(2) Without prejudice to any penalty under subsection (1),
if any person is obstructed in the exercise of powers of inspection
conferred on him by regulations made under section 184, a justice
of the peace may, if satisfied by information on oath that the person
has been so obstructed, issue a search warrant authorising a
constable named therein, accompanied by the said person, to enter
the premises in respect of which the obstruction took place at any
time between six o’clock in the morning and nine o’clock in the
evening to inspect any vehicles which may be found therein.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Application to
cattle, food,
forage and
stores.
Third Schedule.

186. (1) Subject to this section, the provisions of sections 179
to 185 and the Third Schedule, except such of those provisions as
relate only to mechanically-propelled vehicles and trailers
normally drawn thereby apply to horses, mules, donkeys, and
oxen, food, forage and stores as they apply to vehicles.
(2) Where stores are required for, and can be conveyed
with, a vehicle with respect to which a direction is given under
section 180(2)(b), such a direction may be given as well in
relation to the stores as in relation to the vehicle, and, except
section 182(4), sections 179 to 185 and the Third Schedule apply
accordingly; but if after the giving of the direction the furnishing
of the stores is prevented by damage to them or to the vehicle
such payment (if any) shall be made in respect of the stores as
may be just in all the circumstances.
(3) Notwithstanding anything contained in section 181
food, forage or stores to be furnished in pursuance of a
requisitioning order at any time may be required to be furnished
for purchase on behalf of the State.
(4) Section 184 applies in relation to horses, mules,
donkeys and oxen as it applies in relation to mechanically-
propelled vehicles.
(5) In this section—
(a) the expression “oxen” means oxen used, or kept

principally, for draught purposes;
(b) the expression “stores” means any chattel, other

than a horse, mule, donkey or ox, a vehicle, food
or forage, being a chattel required for or for use
in connection with—

(i) persons or vehicles billeted or to be billeted
in pursuance of a billeting requisition or
otherwise temporarily accommodated or to
be so accommodated; or

(ii) vehicles, horses, mules, donkeys or oxen
furnished or to be furnished in pursuance
of a requisitioning order.

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Liability of
State for
damage by
vehicles being
delivered for
requisitioning.

Bringing into
operation of
sections 171
and 179.

Requisition of
land for
training, etc.
[32 of 1979].

*See Part B of Note on Omissions at page 2.

187. The person using a vehicle for the purpose of its being
furnished in pursuance of a direction under section 180(2)(b)
shall be deemed, as respects any claim in respect of injury or
damage to any other person or property, to be so using the vehicle
as a servant of the State, and any law which prohibits or renders
unlawful the use on any road of a motor vehicle unless there is in
force in relation to the user of the vehicle a policy of insurance or
security in respect of third-party risk, does not apply to the use of
the vehicle for the said purpose.
188. (1) Whenever it appears to the President that the public
interest so requires, he may by Order direct that section 171 or
179, or both those sections, shall come into operation either
generally or as respects such area in Trinidad and Tobago as may
be specified in the Order, and that section or those sections, as the
case may be, shall thereupon come into operation and remain in
operation so long as the Order has effect.
(2) An Order under this section shall, subject to any
revocation or variation thereof, continue to have effect for the
period of one month from the making thereof; but where, before
the expiration of this period it is resolved by both Houses of
Parliament that the public interest requires that the operation of
the Order should be extended for such further period as may be
specified in the resolution, it shall be extended accordingly.
*189. (1) Notwithstanding the provision of any law in force in
Trinidad and Tobago the President may from time to time by Order
requisition the use of any area of land in Trinidad and Tobago which
in the opinion of the Chief of Defence Staff is necessary and suitable
for the purpose of the training, exercise or manoeuvres of the Force.
(2) An Order made under this section may contain such
terms and conditions and such other matters as to the user of any
such area as to the President may seem fit.
(3) The President may make Rules with respect to the
method of assessment of compensation for any damage or loss
caused by the Force or any unit or detachment thereof to any area
of land or part thereof requisitioned under this section.

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Command and
precedence.
[32 of 1979].

Chief of
Defence Staff.
[32 of 1979].

Regulations as
to command.
[32 of 1979].

Powers of
command of
members of co-
operating forces.

PART IX
GOVERNMENT AND GENERAL PROVISIONS COMMAND
190. (1) The officers, seconded and other warrant officers
and seconded and other non-commissioned officers, and men
shall stand with each other in order of precedence and command
as may be prescribed by the Council.
(2) Officers and other ranks of any Commonwealth
Force may be attached or seconded to the Force with the approval
of the Council.
(3) Officers of the same rank shall stand with each other
in order of precedence and command in accordance with any
order which may be signified by the President and where no such
order is signified then according to their seniority reckoned by
the date of their respective appointments to the rank for the time
being held by them.

191. (1) There shall be appointed by the President on the
advice of the Minister after consultation with the Prime Minister,
a Chief of Defence Staff.
(2) The Chief of Defence Staff who shall be appointed
from among the officers of the Force shall be vested with
responsibility for the operational use of the Force and shall in the
exercise of any power connected with such responsibility
conform with any special or general directions of the Minister.

192. The Minister may make Regulations as to the persons,
being members of the Force, in whom command over the units or
any part or member thereof is vested and as to the circumstances
in which such command is to be exercised.

193. In so far as powers of command depend on rank, a
member of any co-operating military, naval or air force who—
(a) is acting with any unit; or
(b) is a member of a body of any of those forces

which is acting with any unit,

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Complaints by
officers.
[32 of 1979].

Complaints by
other ranks.
[32 of 1979].

Exemption from
jury service.

Exemptions
from tolls, etc.

shall have the like such powers as a member of the Force of
corresponding rank; and for the purposes of sections 43 and 83
any such member of the said military, naval or air forces shall be
treated as if he were a member of the Force of corresponding rank.

REDRESS OF COMPLAINTS

194. (1) If an officer thinks himself wronged in any matter by
a superior officer or authority and on application to his
commanding officer does not obtain the redress to which he
thinks he is entitled, he may make a complaint with respect to
that matter to the Council.
(2) On receiving any such complaint the Council shall
investigate the complaint and may grant any redress it thinks
necessary or where so required by the complainant the Council
shall make a report on the complaint to the President in order to
receive his directions.

195. (1) If an other rank thinks himself wronged in any
matter by any officer other than his commanding officer or by
any other rank, he may make a complaint with respect to that
matter to his commanding officer.
(2) If an other rank thinks himself wronged in any matter
by his commanding officer, either by reason of redress not being
given to his satisfaction on a complaint under subsection (1) or for
any other reason, he may make a complaint with respect thereto
to the Council.
(3) The Council or the commanding officer shall
investigate any complaint received by him under this section and
shall take such steps as he may consider necessary for redressing
the matters complained of.

EXEMPTIONS FOR MEMBERS OF THE FORCE

196. An officer or other rank is exempt from serving on any jury.

197. (1) Duties or tolls for embarking on or disembarking
from any pier, wharf, quay or landing place (including an airfield

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Exemption from
taking in
execution of
property used
for military
purposes.

Arrest of
deserters and
absentees
without leave.

or airport) in Trinidad and Tobago, or for passing over any road,
ferry or bridge in Trinidad and Tobago, shall not be payable in
respect of—
(a) members of the Force on duty;
(b) vehicles in military service, being vehicles

belonging to the Force or other vehicles driven
by persons (whether members of the Force or
not) in service of the Force;

(c) goods carried in such vehicles;
(d) horses or other animals in military service.
(2) In subsection (1), the expression “in military service”
means employed under proper military authority for the purposes
of any body of the Force or accompanying any body of the Forces.

198. No judgment, decree or order given or made against a
member of the Force by any Court in Trinidad and Tobago shall
be enforced by the levying of execution on any property of the
person against whom it is given or made, being public property,
used by him for military purposes.

PROVISIONS RELATING TO DESERTERS AND
ABSENTEES WITHOUT LEAVE

199. (1) A constable may arrest without a warrant any person
whom he has reasonable cause to suspect of being an officer or
other rank who has deserted or is absent without leave.
(2) Where a constable is not available, any officer or other
rank of the Force or any other person may arrest without a warrant
any person whom he has reasonable cause to suspect of being an
officer or other rank who has deserted or is absent without leave.
(3) Any person in Trinidad and Tobago having authority
to issue a warrant for the arrest of a person charged with crime, if
satisfied by evidence on oath that there is, or is reasonably
suspected of being, within his jurisdiction an officer or other rank
of the Force who has deserted or is absent without leave or is
reasonably suspected of having deserted or of being absent
without leave, may issue a warrant authorising his arrest.

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Proceedings.

(4) A person in custody in pursuance of this section shall
as soon as practicable be brought before a Court of summary
jurisdiction.

200. (1) Subsections (2) to (4) have effect where a person
who is brought before a Court of summary jurisdiction is alleged
to be an officer or other rank who has deserted or is absent
without leave.
(2) (a) If he admits that he is illegally absent from the
Force and the Court is satisfied of the truth of the admission, then—
(i) unless he is in custody for some other

cause the Court shall; and
(ii) notwithstanding that he is in custody for

some other cause the Court may,
forthwith either cause him to be delivered into military custody
in such manner as the Court may think fit, or commit him to some
prison, police station or other place provided for the confinement
of persons in custody, to be kept there for such reasonable time
as the Court may specify (not exceeding such time as appears to
the Court reasonably necessary for the purpose of enabling him
to be delivered into military custody) or until sooner delivered
into such custody.
(b) Any time specified by the Court may be
extended by the Court from time to time if it appears to the Court
reasonably necessary to do so for the purpose mentioned above.
(3) If he does not admit that he is illegally absent, or the
Court is not satisfied of the truth of the admission, the Court shall
consider the evidence and any statement of the accused, and if
satisfied that he is subject to military law and if of opinion that
there is sufficient evidence to justify his being tried for an offence
of desertion or absence without leave, then, unless he is in
custody for some other cause, the Court shall cause him to be
delivered into military custody or commit him as aforesaid, but
otherwise shall discharge him; but if he is in custody for some
other cause the Court may act in accordance with this subsection.

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Deserters and
absentees
without leave
surrendering to
police.

Certificates of
arrest or
surrender of
deserters and
absentees.

(4) The provisions of law in force in Trinidad and
Tobago relating to the constitution and procedure of Courts of
summary jurisdiction holding preliminary inquiries and
conferring powers of adjournment and remand on such Courts so
acting, and the provisions as to evidence and the issue and
enforcement of summonses or warrants to secure the attendance
of witnesses, apply to any proceedings under this section.

201. (1) Where a person surrenders himself to a constable as
being absent from the Force, the constable shall (unless he
surrenders himself at a police station) bring him to a police station.
(2) The police officer in charge of a police station at
which a person has surrendered himself, or to which a person who
has so surrendered himself is brought, shall forthwith inquire into
the case, and if it appears to that officer that the said person is
illegally absent from the Force he may cause him to be delivered
into military custody without bringing him before a Court of
summary jurisdiction or may bring him before such a Court.

202. (1) Where a Court of summary jurisdiction in pursuance
of section 200 deals with a person as illegally absent, then when
that person is delivered into military custody there shall be
handed over a certificate in the prescribed form, signed by a
Magistrate, containing the prescribed particulars as to his arrest
or surrender and the proceedings before the Court.
(2) Where a person is delivered into military custody
without being brought before a Court, whether under the provisions
of section 201 or under any other lawful power, there shall be
handed over a certificate in the prescribed form, signed by the
police officer who causes him to be delivered into military custody,
containing the prescribed particulars relating to his surrender.
(3) In any proceedings for an offence under section 47
or 48—
(a) a document purporting to be a certificate under

either subsection (1) or subsection (2) of this
section, or under the corresponding provisions of

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Duties of
superintendents
of prisons and
others to receive
deserters and
absentees.

Punishment for
pretending to be
a deserter.

Punishment for
procuring and
assisting
desertion.

any service law (other than this Act) and to be
signed as thereby required, shall be evidence of
the matters stated in the document;

(b) where the proceedings are against a person who
has been taken into military custody on arrest or
surrender, a certificate in the prescribed form
purporting to be signed by a provost officer or
any corresponding officer of a force raised under
the law of a country in the Commonwealth, by
any other officer in charge of the guardroom or
other place where that person was confined on
being taken into custody, stating the fact, date,
time and place of arrest or surrender shall be
evidence of the matters stated in the certificate.

203. (1) The superintendent or other person in charge of a
civil prison shall receive any person duly committed to that
prison by a Court of summary jurisdiction as illegally absent
from the Force and to detain him until, in accordance with the
directions of the Court, he is delivered into military custody.
(2) Subsection (1) applies to the person having charge of
a police station or other place (not being a prison) provided for
the confinement of persons in custody, as it applies to the
superintendent of a prison.

OFFENCES RELATING TO MILITARY MATTERS
PUNISHABLE BY CIVIL COURTS

204. Any person who falsely represents himself to any
military, naval, air force or civil authority to be a deserter from
the Force is liable on summary conviction to a fine of seven
hundred and fifty dollars and to imprisonment for three months.

205. Any person who—
(a) procures or persuades any officer or other rank

to desert or to absent himself without leave;
(b) knowing that any such officer or other rank is

about to desert or absent himself without leave,
assists him in so doing; or

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Punishment for
obstructing
members of
Force in
execution of
duty.

Punishment for
aiding
malingering.

Unlawful
purchase, etc.,
of military
stores.
[32 of 1979].

(c) knowing any person to be a deserter or absentee
without leave from the Force, conceals him or
assists him in concealing himself or assists in
his rescue from custody,

is liable on summary conviction to a fine of seven hundred and
fifty dollars and to imprisonment for three months, or on
conviction on indictment to a fine of eight thousand dollars and
to imprisonment for two years.

206. Any person who wilfully obstructs or otherwise
interferes with any officer or other rank acting in the execution of
his duty is liable on summary conviction to a fine of seven
hundred and fifty dollars and to imprisonment for three months.

207. Any person who—
(a) produces in an officer or other person any

sickness or disability; or
(b) supplies to or for him any drug or preparation

calculated or likely to render him, or lead to the
belief that he is, permanently or temporarily,
unfit for service;

(c) furnishes a false certificate of health,
with a view to enabling him to avoid military service or duty,
whether permanently or temporarily, is liable on summary
conviction to a fine of one thousand five hundred dollars and to
imprisonment for three months, or on conviction on indictment to
a fine of eight thousand dollars and to imprisonment for two years.

208. (1) Any person who acquires any military stores or
solicits or procures any person to dispose of any military stores,
or acts for any person in the disposing of any military stores, is
guilty of an offence unless he proves either—
(a) that he did not know, and could not reasonably

be expected to know, that the chattels in
question were military stores;

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(b) that those chattels had (by the transaction with
which he is charged or some earlier transaction)
been disposed of by order or with the consent of
some person or authority who had, or whom he
had reasonable cause to believe to have, power
to give the order or consent; or

(c) that those chattels had become the property of
an officer who had retired or ceased to be an
officer or an other rank, or of the personal
representatives of a person who had died,

and is liable on summary conviction to a fine of one thousand
five hundred dollars and to imprisonment for three months, or on
conviction on indictment to a fine of eight thousand dollars and
to imprisonment for two years.
(2) A constable or any person authorised by the Chief of
Defence Staff may arrest without warrant any person whom he
has reasonable grounds for suspecting of having committed an
offence against this section, and may seize any property which he
has reasonable grounds for suspecting of having been the subject
of the offence.
(3) A person having authority to issue a warrant for the
arrest of a person charged with crime may, if satisfied by
evidence on oath that a person within his jurisdiction has, or is
reasonably suspected of having, in his possession any property
which has been the subject of an offence against this section,
grant a warrant to search for such property as in the case of stolen
goods; and any property suspected of having been the subject of
such an offence which is found on such a search shall be seized
by the officer charged with the execution of the warrant, and that
officer shall bring the person in whose possession or keeping the
property is found before a Court of summary jurisdiction.
(4) In this section—
the expression “acquire” means buy, take in exchange, take in

pawn or otherwise receive (whether apart from this section
the receiving is lawful or not);

UNOFFICIAL VERSION


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Illegal dealings
in documents
relating to pay,
pensions,
mobilisation,
etc.

the expression “dispose” means sell, give in exchange, pledge or
otherwise hand over (whether apart from this section the
handing over is lawful or not);

the expression “military stores” means any chattel of any
description belonging to the State, which has been issued for
use for military purposes or is held in store for the purpose
of being so issued when required, and includes any chattel
which belonged, and had been issued or held, as mentioned
above at some past time.

(5) For the purposes of subsection (3) property is
deemed to be in the possession of a person if he has it under his
control, and whether he has it for his own use or benefit or for the
use or benefit of another.
209. (1) Any person who—
(a) as a pledge or a security for a debt; or
(b) with a view to obtaining payment from the

person entitled thereto of a debt due either to
himself or to any other person,

receives, detains or has in his possession any official document
issued in connection with the payment to any person of any pay,
pension, allowance, gratuity or other payment payable in respect
of his or any other person’s military service is guilty of an offence
against this section.
(2) Any person who has in his possession without lawful
authority or excuse (the proof whereof shall lie on him) any
document mentioned in subsection (1), or any official document
issued in connection with the mobilisation or demobilisation of
any units of the Force or any member thereof, is guilty of an
offence against this section.
(3) Any person guilty of an offence against this section
is liable on summary conviction to a fine of one thousand five
hundred dollars and to imprisonment for three months.
(4) For the purposes of this section a document is
deemed to be in the possession of a person, if he has it under his
control and whether he has it for his own use or benefit or for the
use or benefit of another.

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Unauthorised
use of and
dealing in
decorations, etc.

General
provisions as to
evidence.
[32 of 1979].

210. (1) Any person who—
(a) without authority uses or wears any military

decoration, or any badge, wound stripe or
emblem supplied;

(b) uses or wears any decoration, badge, wound
stripe, or emblem so nearly resembling any
military decoration, or any such badge, stripe or
emblem as mentioned above, as to be calculated
to deceive; or

(c) falsely represents himself to be a person who is
or has been entitled to use or wear any such
decoration, badge, stripe or emblem as is
mentioned in paragraph (a),

is guilty of an offence against this section; but nothing in this
subsection shall prohibit the use or wearing of brooches or
ornaments representing military badges.
(2) Any person who purchases or takes in pawn any naval,
military or air force decoration awarded to any member of the
Force, or solicits or procures any person to sell or pledge any such
decoration, or acts for any person in the sale or pledging thereof, is
guilty of an offence against this section unless he proves that at the
time of the alleged offence the person to whom the decoration was
awarded was dead or had ceased to be a member of that Force.
(3) Any person guilty of an offence against this section
is liable on summary conviction to a fine of seven hundred and
fifty dollars and to imprisonment for three months.

PROVISIONS AS TO EVIDENCE

211. (1) This section has effect with respect to evidence in
proceedings under this Act, whether before a Court-martial, a
civil Court or otherwise.
(2) A document purporting to be a copy of the attestation
paper signed by any person and to be certified to be a true copy by
a person stated in the certificate to have the custody of the
attestation paper is evidence of the enlistment of the person attested.

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(3) The attestation paper purporting to be signed by a
person on his enlistment is evidence of his having given the
answers to questions which he is therein recorded as having given.
(4) A letter, return or other document stating that any
person—
(a) was or was not serving at any specified time or

during any specified period in any part of the
forces of the United Kingdom or was discharged
from any part of those forces at or before any
specified time;

(b) held or did not hold at any specified time any
specified rank or appointment in any of those
forces, or had at or before any specified time
been attached, posted or transferred to any part
of those forces, or at any specified time or during
any specified period was or was not serving or
held or did not hold any rank or appointment in
any particular country or place; or

(c) was or was not at any specified time authorised
to use or wear any decoration, badge, wound
stripe or emblem,

is, if purporting to be issued by or on behalf of the President, the
Council or the Chief of Defence Staff, evidence of the matters
stated in the document.
(5) A record made in any service book or other
document prescribed by Regulations for the purposes of this
subsection, being a record made in pursuance of military duty,
and purporting to be signed by the commanding officer or by
any person whose duty it was to make the record, is evidence
of the facts stated therein; and a copy of a record (including the
signature thereto) in one of the said service books and a copy
of such document, purporting to be certified to be a true copy
by a person stated in the certificate to have the custody of the
book or the original document, as the case may be, is evidence
of the record.

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Proof of
outcome of
civil trial.

(6) A document purporting to be issued by order of the
Minister, the Council or the Chief of Defence Staff and to contain
instructions or orders given or made by the Minister, the Council
or the Chief of Defence Staff is evidence of the giving of the
instructions or making of the orders and of their contents.
(7) A certificate purporting to be issued by or on behalf
of the Minister, the Council or the Chief of Defence Staff, and
stating—
(a) that a decoration of a description specified in or

annexed to the certificate is a military, naval or
air force decoration; or

(b) that a badge, wound stripe or emblem of a
description specified in or annexed to the
certificate is one supplied or authorised by the
Minister, the Council or the Chief of Defence
Staff,

is evidence of the matters stated in the certificate.
(8) A certificate purporting to be signed by a person’s
commanding officer or any officer authorised by him to give the
certificate, and stating the contents of, or any part of, standing
orders or other routine orders of a continuing nature made for—
(a) any formation or unit or body of troops;
(b) any command or other area, garrison or place; or
(c) any ship, train or aircraft,
is evidence of the matters stated in the certificate in proceedings
against that person.

212. (1) Where a person subject to military law under this
Act has been tried before a civil Court (whether at the time of the
trial he was so subject or not), a certificate signed by a judge or a
magistrate and stating all or any of the following matters, that is
to say—
(a) that the said person has been tried before the

Court for an offence specified in the certificate;
(b) the result of the trial;

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Evidence of
proceedings of
Court-martial.

Temporary
reception in
civil custody of
persons under
escort.

(c) what judgment or order was given or made by
the Court;

(d) that other offences specified in the certificate
were taken into consideration at the trial,

is for the purposes of this Act evidence of the matters stated in the
certificate.
(2) A document purporting to be a certificate under this
section and to be signed by a Judge or a Magistrate shall, unless
the contrary is shown, be deemed to be such a certificate.

213. (1) The original proceedings of a Court-martial under
service law purporting to be signed by the president of the Court
and being in the custody of any person having the lawful custody
thereof is admissible in evidence on production from that custody.
(2) A document purporting to be a copy of the original
proceedings of a Court-martial under service law or any part
thereof and to be certified by any other person having the lawful
custody of the proceedings to be a true copy is evidence of the
contents of the proceedings or the part to which the document
relates, as the case may be.
(3) This section applies to evidence given in any Court,
whether civil or criminal.

MISCELLANEOUS PROVISIONS

214. (1) Where a person is in military custody when charged
with, or with a view to his being charged with, an offence against
Part IV or the corresponding provisions of any other service law
the superintendent or other person in charge of a prison (not being
a military prison) or of the person having charge of any police
station or other place in which prisoners may be lawfully detained,
upon delivery to him of a written order purporting to be signed by
the commanding officer of the person in custody, shall receive
him into his custody for a period not exceeding seven days.
(2) In this section, “military prison” has the meaning
ascribed to it in section 138.

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Avoidance of
assignment of,
or charge on
military pay,
pensions, etc.

Power of certain
officers to take
statutory
declarations.

Retirement in
the interest of
the Force.

215. (1) Every assignment of, or charge on, and every
agreement to assign or charge, any pay, military award, grant,
pension or allowance payable to any person in respect of his or
any other person’s service in the Force is void.
(2) Save as expressly provided herein, no order shall be
made by any Court the effect of which would be to restrain any
person from receiving anything which by virtue of this section he
is precluded from assigning and to direct payment thereof to
another person.
(3) Nothing in this section shall prejudice any law
providing for the payment of any sum to a bankrupt’s trustee in
bankruptcy for distribution among creditors.

216. (1) An officer of a rank not below that of major or
corresponding rank (hereinafter referred to as an “authorised
officer”) may, outside Trinidad and Tobago, take statutory
declarations from persons subject to military law.
(2) A document purporting to have subscribed thereto
the signature of an authorised officer in testimony of a statutory
declaration being taken before him in pursuance of this section
and containing in the jurat or attestation a statement of the date
on which and the place at which the declaration was taken and of
the full name and rank of that officer shall be admitted in
evidence without proof of the signature being the signature of
that officer or of the facts so stated.

217. (1) Where it is represented to the President or the
President considers it desirable in the interest of the Force that an
officer or other rank should be required to retire from the Force
on grounds which cannot suitably be dealt with by any other
provision of this Act he shall call for a full report from the
commanding officer of the unit in which the officer or other rank
has served during the last preceding three years.
(2) If, after considering such report and giving the officer
or other rank an opportunity of submitting a reply to the grounds
on which his retirement is contemplated, and having regard to the

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Prohibition of
wearing
Defence Force
uniform, etc.
[38 of 1970].

Reservists.

Annual training.

conditions of the Force, the usefulness of the officer or other rank
thereto, and all the other circumstances of the case, the President
is satisfied that it is desirable in the interest of the Force to do so,
he shall require such officer or other rank to retire on such date
as to him may seem fit.
(3) This section applies to members of the Volunteer
Defence Force established under Part XI as it applies to officers
and other ranks of the Force.

QUASI-MILITARY ORGANISATIONS AND UNLAWFUL
USE OF UNIFORMS AND DRILLING

218. (Repealed by Act No. 14 of 1996).
219. A person, other than a member of the Defence Force,
who without lawful excuse (the proof whereof shall lie on him)—
(a) wears the uniform or any portion of the

uniforms of a member of the Defence Force; or
(b) wears any costume or any article of clothing or

apparel so closely resembling the uniform or
any portion thereof of a member of the Defence
Force, as may cause such person to be mistaken
for a member of the Defence Force,

is liable on summary conviction to a fine of one thousand dollars
and to imprisonment for eighteen months.
220. (Repealed by Act No. 14 of 1996).

PART X

RESERVE
221. Notwithstanding section 241, this Part applies to every
other rank who has been transferred to the reserve while he is
subject to reserve liability or serving in the reserve.
222. (1) Every reservist is liable to be called out for training
at such place and for such periods not exceeding twenty-eight
days in any one year as may be specified in Regulations made
under this Part.

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Calling out of
the reserve on
temporary
service.

Calling out of
the reserve on
permanent
service.

Punishment for
non-attendance.

(2) Every reservist may, during any training for which
he may be called out, be attached to and trained with any unit.

223. (1) The President may, at any time when occasion
appears to require, call out the reserve, or as many reservists as
he thinks necessary on temporary service.
(2) Reservists called out for service under this section
are not liable to serve at any one time for a period exceeding
twenty-eight days.

224. (1) The President may, in the event of a state of war
being declared or of insurrection, hostilities or public emergency,
by Proclamation, call out the reserve on permanent service.
(2) Every such Proclamation shall be obeyed, and every
reservist called out shall attend at the place and times fixed by
such Proclamation, and at and after that time shall be deemed to
be called out on permanent service.
(3) Every reservist when called out on permanent service
is liable to serve as an other rank until his services are no longer
required, but he shall not be required to serve for a period
exceeding in the whole the remaining unexpired term of service in
the reserve and any further period not exceeding twelve months as
an other rank may, under section 22, be retained in the Force after
the time at which he would otherwise be entitled to be discharged.

225. (1) Any reservist who, without leave lawfully granted or
other reasonable excuse, fails to appear at the time and place
appointed for annual training, or when called out on temporary
service or on permanent service, is—
(a) if called out on permanent service, guilty,

according to the circumstances, of deserting
within the meaning of section 47 or of absenting
himself without leave within the meaning of
section 48; or

(b) if called out on temporary service or for annual
training, guilty of absenting himself without
leave within the meaning of section 48.

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Record of
illegal absence.

Discharge
during service.

Regulations as
to the reserve.
[32 of 1979].

Interpretation.

(2) Any reservist who commits any offence under this
section is liable—
(a) to be tried by Court-martial and on conviction is

liable to imprisonment for two years or less
punishment; or

(b) to be tried by a Court of summary jurisdiction
and, on conviction is liable to a fine of three
hundred dollars, and in default of payment to
imprisonment for two months.

(3) Section 83 applies to reservists who commit an
offence against this section as it applies to persons otherwise
subject to military law.
226. Where a reservist fails to appear at the time and place
appointed for annual training or when called out on temporary or
on permanent service, and his absence continues for twenty-one
days or more, an entry of such absence shall be made by an
officer in the service books and such entry shall be prima facie
evidence of the fact of such absence.
227. A reservist may be discharged by the competent military
authority at any time during the currency of any term of reserve
service upon such grounds as may be prescribed.
228. The Minister may make Regulations with respect to the
government, discipline and pay of the reserve, and the discharge
of reservists, and, without prejudice to the generality of the
foregoing, may make Regulations—
(a) for the calling out for training of reservists;
(b) for the calling out of the reserve on temporary

service and on permanent service; and
(c) requiring reservists to report themselves from

time to time.
PART XI

VOLUNTEER DEFENCE FORCE
229. In this Part—
(a) “volunteer officer” means an officer commissioned

for service in the Volunteer Defence Force; and

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Constitution of
Force.

Appointment of
Commander of
the Volunteer
Defence Force.
[32 of 1979].
Appointment of
Staff Officers.

Appointment
of officers.

Enlistment.
[32 of 1979].

Enrolment.

(b) “volunteer” means an enrolled warrant officer,
non-commissioned officer or private belonging
to the Volunteer Defence Force.

230. The Volunteer Defence Force of Trinidad and Tobago
shall consist of such number and types of units and sub-units as
the President from time to time considers necessary and
commensurate with the needs of the State.

231. The Commander of the Volunteer Defence Force shall be
the person appointed as Chief of Defence Staff under section 191.

232. The President may appoint fit and proper persons to act as
permanent staff of the Volunteer Defence Force as may be necessary.

233. (1) The President may appoint the officers of the
Volunteer Defence Force with such rank as he may from time to
time think necessary.
(2) The appointment of officers to the Volunteer
Defence Force shall be for such period or periods as the President
shall determine, and the President may at any time terminate or
revoke any such appointment by notice to that effect signed by
the Chief of Defence Staff.
(3) This section does not apply to the Chief of Defence Staff.

234. (1) The Minister may accept the services of any persons
desirous of being enrolled in the Volunteer Defence Force and
offering their services.
(2) Subject to section 238, enlistment shall be for a
term certain.
(3) The length of any term certain for which persons may
enlist shall be such as the Minister may from time to time direct;
but on first enlistment it shall be for not less than three years.

235. A volunteer shall be deemed to be duly enrolled from the
date on which he signs the form of attestation in use at such date.

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Oath of
allegiance.
[32 of 1979].

Period of
service.
[32 of 1979].

President
empowered to
call out Force to
aid civil force.

*See Part B of Note on Omissions at page 2.

236. (1) Every officer, non-commissioned officer, and private
of the Force shall take and subscribe the oath of allegiance within
one month after enrolment; such oath of allegiance may be
administered by the Chief of Defence Staff, or Recruiting Officer
of the Force, the commanding officer of the unit or sub-unit.
(2) The oath shall be in the following form:
I, A.B. do sincerely promise and swear that I will be faithful
and bear true allegiance to Trinidad and Tobago, and that I will
faithfully serve Trinidad and Tobago for the defence of the
same against all its enemies and opposers whatsoever,
according to the conditions of my service. So help me God.

237. (1) Subject to this section, a volunteer shall, after
enrolment, save under the provisions of this Part serve during
such term certain for which he has been enrolled and until duly
discharged.
(2) A volunteer shall continue to serve after the
expiration of such term certain if at the time of such expiration
Trinidad and Tobago is engaged in a war; and in any such case
the volunteer shall continue to serve until duly discharged at the
end of the war.
(3) A volunteer may, on giving fourteen days notice, and
by permission in writing of the Chief of Defence Staff, be
released from the enrolment on good and sufficient grounds
certified by his commanding officer upon his paying all money
due or which may become due under this Act or of any Rules
made thereunder.

*238. (1) The President may call out the Volunteer Defence
Force or any portion of it for actual military service with their arms
and ammunition, in aid of the civil power in any case in which a
riot, disturbance of the peace, or other emergency requiring such
service occurs, or is, in the opinion of the President, anticipated as
likely to occur, and in either case to be beyond the powers of the
civil authorities to suppress, or to prevent, or deal with.

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Power to make
Regulations.
[32 of 1979].

(2) Every member of the Volunteer Defence Force or
any portion of it shall on every occasion obey the orders of his
superior officer.
(3) A person who assaults or resists, or aids or incites
any person to assault or resist, any member of the Volunteer
Defence Force in the execution of his duty, is liable on summary
conviction to a fine of four hundred dollars or to imprisonment
for three months.
(4) When called out for service the members of the
Volunteer Defence Force shall receive out of public funds pay
and allowances and the reasonable cost of transport to and from
the place or places where the services of the Force are required.

239. (1) The Minister may make Regulations relating to
anything necessary to be done for the carrying into effect of this
Part, and without prejudice to the generality of such power,
Regulations under this section may make provision for—
(a) the constitution from time to time, governance,

training, service, pay, powers and discipline of
the Volunteer Defence Force;

(b) the granting of commissions in the Volunteer
Defence Force, the enlistment of volunteers
therein, the revocation of commissions, and the
discharge of volunteers;

(c) the service in, or attachment to, the Force of
officers or men of the regular forces of the United
Kingdom and their pay, powers and discipline;

(d) any matters consequent on, or ancillary to, the
matters generally or specially mentioned above;

(e) the obligations and liabilities (including criminal
liabilities) of civilians in respect of acts relating
to or affecting the governance of the Volunteer
Defence Force and, in the case of any such
criminal liabilities, the jurisdiction of the Courts
and the punishments which may be awarded;

(f) validating past acts;

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Saving.
Ch. 10. No. 1.
(1950 Ed.).

Persons subject
to military law
and application
of the Act.

(g) declaring what is requisite to entitle a volunteer
to be deemed efficient;

(h) defining the extent of attendance at drill to be
given, and the course of instruction to be gone
through by him with his unit or any part of his
unit.

(2) Regulations under this section may make different
provisions in different classes of cases, and shall have effect
notwithstanding anything inconsistent therewith in this Act and
may be made with retrospective effect.

240. Notwithstanding the repeal of the Local Forces
Ordinance, the appointment of an officer by the President under
section 7 of that Ordinance shall be deemed to have the same force
and effect as if such appointment was made under section 10 of
this Act, and any officer so appointed shall be deemed to be
appointed and commissioned in accordance with and for the
purposes of this Act.

PART XII

APPLICATION OF THE ACT AND
SUPPLEMENTARY PROVISIONS

APPLICATION, TRANSFER AND ATTACHMENT

241. (1) Subject to this section, the following persons are
subject to military law:
(a) officers and other ranks of the Force;
(b) officers and other ranks when attached to the

Force;
(c) officers and other ranks when seconded to the

Force;
(d) officers of the reserve of officers when ordered

out on duty or service for which, as such, they
are liable;

(e) reservists called out for training, on temporary
service and on permanent service;

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3 & 4 Eliz. 2
c. 18.

AppIication of
Act to civilians.

(f) officers and men of the Volunteer Defence Force
called out for training of eight hours or more, for
annual camps or on temporary service or on
permanent service.

(2) Officers, warrant officers and non-commissioned
officers who, being members of the United Kingdom Military
Forces, are subject to military law and who are seconded to serve
with the Force, shall remain subject to the Army Act 1955 of the
United Kingdom and shall not be subject to military law under
this Act.
(3) The powers of arrest conferred by section 74 of the
Army Act 1955 of the United Kingdom and the provisions of
sections 186 to 190 of that Act (which relate to deserters and
absentees without leave) shall continue to apply in Trinidad and
Tobago to the persons referred to in subsection (2) of this Act on
or after 31st August 1962, as they applied before that date.
(4) In the event of a person referred to in subsection (2)
committing an offence against this Act, he may be held, tried and
punished in Trinidad and Tobago under the provisions of such
law to which he is subject for the offence thereunder.
(5) This Act applies to persons subject thereto under this
section and in relation to the units as well outside as within
Trinidad and Tobago.

242. (1) Subject to the modifications specified in subsection (2),
where any unit is on active service, Part V applies to any person
who is employed in the service of that unit or any part or member
thereof, or accompanies the said unit or any part thereof and is
not subject to service law, as the said Part V applies to persons
subject to military law.
(2) The modifications referred to in subsection (1) are
the following:
(a) the punishment which may be awarded by a

Court-martial include a fine, but do not include
any other punishment less than imprisonment;

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(b) the punishment which may be awarded where a
charge is dealt with summarily is, in the case of
any offence, a fine of one hundred and fifty
dollars but no other punishment;

(c) the following provision has effect in substitution
for section 83(2) to (4), that is to say, that a
person may be arrested by a provost officer, by
any warrant officer or non-commissioned
officer legally exercising authority under a
provost officer or on his behalf, or by order of
any officer subject to service law;

(d) where a charge is being dealt with summarily
and it has been determined that the accused is
guilty, a finding shall not be recorded until after
the accused has been afforded an opportunity of
electing to be tried by Court-martial, and if the
accused so elects a finding shall not be recorded
but such steps shall be taken with a view to the
charge being tried by Court-martial as may be
prescribed by Rules of Procedure;

(e) the provisions of this Act relating to the
investigation of, and summary dealing with,
offences, save as otherwise expressly provided,
apply as they apply to soldiers;

(f) for the purposes of the provisions of this Act
relating to the investigation of offences, the
commanding officer shall be such officer as may
be appointed by the officer authorised to
convene a Court-martial;

(g) for references in sections 127 and 128 to being,
continuing, or ceasing to be subject to this Act
there is substituted references to being,
continuing to be or ceasing to be in such
circumstances that the said Part V applies, and
section 127(3) does not apply.

(3) Any fine awarded by virtue of this section, whether
by a Court-martial or the commanding officer, is recoverable as a
debt due to the State.

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Emoluments,
pensions and
gratuities
appropriated out
of funds.

Power to make
Regulations.
[19 of 1967].

FINANCIAL PROVISIONS AND REGULATIONS

243. All such sums of money as may from time to time become
payable on account of pay, allowances, pensions or gratuities, are
hereby appropriated out of the public funds and shall be paid
therefrom on the warrant of the Minister responsible for Finance.

244. (1) Subject to this Act, the Minister may make Regulations
for the better carrying out of the provisions of this Act and generally
for the good government and organisation of the Force, and without
prejudice to the generality of the foregoing such Regulations may
make provision with respect to all or any of the following matters:
(a) the commissioning of officers, their terms of

service, promotion, retirement, resignation,
removal and such other matters concerning
officers as may seem to him necessary;

(b) the pay, duties, method of recall of officers of the
reserve and other matters pertaining to such
reserve of officers as may seem to him necessary;

(c) the enlistment of persons into, and the discharge
of persons from, the Force and generally for the
carrying into effect of Part IV, including the
prescribing of the necessary forms and the
administration of oaths and affirmations;

(d) determining to what extent and under what
conditions colour service in any of the forces of
the United Kingdom other than the Force, may
be counted as colour service in the Force;

(e) the pay, allowances, and the deductions from
and forfeiture of pay, of officers and soldiers;

(f) the pensions and gratuities of officers and
soldiers (including the reckoning for pensions
and gratuities of service in the forces of the
United Kingdom other than in the Force, prior to
the commencement of service in the Force);

(g) the pay, allowances, pensions and gratuities of
officers and other ranks assigned for duty in the

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President may
make Order.
[16 of 1988].

GN No. 38
of 1968.

*The original Regulations contained in the Fifth Schedule to this Act have been revoked and
replaced by GN 38/1968.

service of the Force from an office in the public
service or in the employment of a prescribed
body or authority;

(h) the description, supply, use and disposal of
arms, accoutrements, clothing and other stores;

(i) prohibiting, restricting or regulating the holding
of meetings within the limits of any military
establishment and the admission thereto of
civilians for the purpose of holding, addressing
or attending any such meeting;

(j) in respect of matters for which regulations may
be made other than Part X;

(k) subject to sections 138, 142 and 160,
prescribing anything which may be prescribed.

(2) Any Regulations made under this Act shall be laid
before the Senate and the House of Representatives.
(3) The Regulations formerly contained in the Fourth,
*Fifth, Sixth and the Seventh Schedules to this Act shall be
deemed to have been made under this section and may be added
to, amended or revoked by Regulations made by the Minister
under and in accordance with this section.
(4) Whenever the Minister is satisfied that it is equitable
that any regulations made under this section should have
retrospective effect in order to confer a benefit upon or remove a
disability to any person subject to military law, that regulation
may be given retrospective effect for that purpose.

244A. Notwithstanding any written law any officer or other rank
who enlisted after 1st January 1966 and before 6th February 1968
and who has attained the age of compulsory retirement, but has not
qualified for pension and terminal benefits under the Defence
(Pensions, Terminal and Other Grants) Regulations, is hereby
declared to be so qualified.

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245. (1) Any power conferred by this Act to make Regulations,
Rules, Orders or other instruments shall include power to make
provision for specified cases or classes of cases, and to make
different provisions for different classes or cases, and for the
purposes of any such instrument classes of cases may be defined by
reference to any circumstances specified in the instrument.
(2) Any Regulations, Rules, Orders or other instruments
referred to in subsection (1) may impose conditions, require acts
or things to be performed or done to the satisfaction of any person
named therein whether or not such persons are members of the
Force, empower such persons to issue orders either orally or in
writing requiring acts or things to be performed or done, or
prohibiting acts or things from being performed or done, and
prescribe periods or dates upon, within or before which such acts
or things shall be performed or done or such conditions shall be
fulfilled and provide for appeal against any such order,
requirement or direction.

246. Save as expressly provided by any Rules or Regulations,
any order or determination required or authorised to be made by
any military officer or authority may be signified under the hand
of any officer authorised in that behalf, and any instrument
signifying such an order or determination and purporting to be
signed by an officer stated therein to be so authorised shall unless
the contrary is proved be deemed to be signed by an officer so
authorised.

Powers
exercisable in
Subsidiary
Legislation.

Execution of
orders,
instruments, etc.

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Section 15(2).
[136/1976
110/1977].

Section 105.

President and Commander-in-Chief
of the Armed Forces of the

Republic of Trinidad and Tobago.

FIRST SCHEDULE
PRESIDENT’S COMMISSION

I, .........................................................................................................................
President and Commander-in-Chief of the Armed Forces of the Republic of
Trinidad and Tobago do give to ..........................................................................
Greetings and reposing especial trust in your loyalty, courage and good conduct,
do by these presents constitute and appoint you to be an officer in the Trinidad
and Tobago Defence Force from the ............. day of ........................., 20...........
You are therefore carefully and diligently to discharge your duty as such an
officer in the rank of ...................... or in such other rank as you may from time
to time hereafter be promoted or appointed and you are in such manner and on
such occasions to exercise and well discipline in their duties, such officers,
warrant and non-commissioned officers and men as may be placed under your
orders from time to time and use your best endeavours to keep them in good
order and discipline. I do hereby command, all such officers, warrant and non-
commissioned officers and men to obey you as their superior officer, and you
to observe and follow such orders and directions as from time to time you shall
receive from me or any of your superior officers in pursuance of the trust
hereby reposed in you.
Given at.............................................. Trinidad, this ........................ day of
..............................., 20 ..................
..............................................................


Alternative Offence

1. Any offence against section
33(2) of this Act.

2. Any offence against section
34(2) of this Act.

3. Any offence against section
41(2) of this Act.

Offence Charged

1. Any offence against section
33(1) of this Act.

2. Any offence against section
34(1) of this Act.

3. Any offence against section
41(1) of this Act.

SECOND SCHEDULE
ALTERNATIVE OFFENCES OF WHICH ACCUSED MAY

BE CONVICTED BY COURT-MARTIAL

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4. Disclosing information without
authority.

5. (a) Using violence to his
superior officer otherwise
than by striking him.

(b) Offering violence to his
superior officer.

6. Offering violence to his superior
officer.


7. Using insubordinate language to

his superior officer.
8. Disobeying a lawful command.


9. Absence without leave.
10. Absence without leave.
11. Fraudulently misapplying the

property.
12. The corresponding offence

involving negligence.
13. Any offence against section

63(2) of this Act.
14. (a) The corresponding offence

involving the use of
violence other than striking.

(b) The corresponding offence
involving the offering of
violence.

15. The corresponding offence
involving the offering of
violence.

4. Communicating with or giving
intelligence to the enemy, either
with intent to assist the enemy or
without authority.

5. Striking his superior officer.

6. Using violence to his superior
officer otherwise than by striking
him.

7. Using threatening language to
his superior officer.

8. Disobeying, in such a manner as
to show wilful defiance of
authority, a lawful command
given or sent to him personally.

9. Desertion.
10. Attempting to desert.
11. Stealing any property.

12. Any offence against section 53
of this Act involving wilfulness.

13. Any offence against section
63(1) of this Act.

14. Any offence against section 64(1)
of this Act involving striking.


15. Any offence against section 64

of this Act involving the use of
violence other than striking.

Offence Charged Alternative Offence

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Sections 182
and 186. THIRD SCHEDULE

SUPPLEMENTARY PROVISIONS AS TO PAYMENT
FOR REQUISITIONED VEHICLES

1. (1) Subject to the provisions of this Schedule, any payment under
section 182(1) (without prejudice to any agreement as to payment on account)
becomes due on the expiration of the period for which possession of the
vehicle in question is retained.
(2) Subject to the provisions of this Schedule, any payment under
section 182(2) becomes due on the furnishing of the vehicle.
(3) Any payment under section 182(3)(b) becomes due on the
furnishing of the vehicle.
2. (1) As soon as may be after the furnishing of a vehicle there shall be
given or sent to the person by whom it was furnished, by such person and in
such form and manner as may be specified by Regulations, a receipt for the
vehicle specifying what payment, at what rate or of what amount, is offered in
respect of the furnishing thereof under section 182(1)(a), or, as the case may
be, under section 182(2).
(2) As soon as may be after the end of the period for which possession
of a vehicle is retained, there shall be given or sent to the person by whom the
vehicle was furnished, by such person and in such form and manner as mentioned
above, a notice stating whether any, and if so what, damage to the vehicle has
occurred during the period for which possession of the vehicle was retained, other
than damage which has been made good by a person acting on behalf of the State,
or that the total loss of the vehicle has occurred, and specifying what payment is
offered in respect of the damage or loss under section 182(l)(b) or (c).
3. (1) A person to whom a receipt or notice under paragraph 2 has been
given or sent (hereinafter referred to as “the claimant”) shall be deemed to
have accepted the offer contained therein unless within three weeks from the
time at which he received the receipt or notice he gives notice to the person by
whom the receipt or notice was given or sent that he claims some specified
greater amount or rate.
(2) Where a notice under paragraph 2 has been given or sent stating
that no damage has occurred to a vehicle during the period for which
possession of the vehicle is retained, the claimant shall be deemed to have
agreed that no damage has so occurred unless within three weeks from the
time at which he received the notice he gives notice to the person by whom the
notice was given or sent claiming that damage has so occurred and stating
what payment he claims under section 182(1) in respect of the damage.
(3) On the making of a claim under subparagraph (2) or (3) the
President may notify the claimant that it is not proposed to make any further
offer or by notice may make a specified further offer.

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4. The regulations referred to in paragraph 2 shall secure that any
receipt or notice under that paragraph, contains a statement of the effect of
paragraph 3 of this Schedule.
5. In this Schedule, the expression “damage” does not include
damage resulting in a total loss, or damage attributable to fair wear and tear.
6. Nothing in this Schedule applies to a case falling within section
182(4) or section 186(2), and any sum payable by virtue of those subsections
becomes due on the making, by the person by whom the vehicle is required to
be furnished, of a claim therefor to such authority as may have been specified
in that behalf in the direction requiring the furnishing of the vehicle (or, if no
such authority was specified, to the President); but before making any such
payment the said authority or the President, as the case may be, may require
reasonable particulars of the damage in question and of the circumstances in
which it occurred and may require a reasonable opportunity to be afforded to
a person authorised by them to inspect the vehicle in question.

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SUBSIDIARY LEGISLATION

DEFENCE (ENLISTMENT AND SERVICE) REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation and commencement.
2. Recruiting officers.
3. Prescribed forms.
4. Method of attestation.
5. Competent military authorities.
6. Transfer between units.
7. Terms of enlistment.
8. Re-engagement.
9. Continuance in the service.
10. Discharge certificates.
11. Chief of Defence Staff authorised under section 26 to reduce certain

officers.

FIRST SCHEDULE.
SECOND SCHEDULE.

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[Subsidiary]

*These Regulations constituted the original Part I of the Sixth Schedule to the Act.

7 of 1962.
(6th Sch.)

Citation and
Commencement.

Recruiting
officers.

Prescribed
forms.

Method of
attestation.

*DEFENCE (ENLISTMENT AND SERVICE) REGULATIONS
deemed to be made under section 244

1. (1) These Regulations may be cited as the Defence
(Enlistment and Service) Regulations.
(2) These Regulations have effect from 31st May 1962.

2. Officers of the rank of captain or corresponding rank and
above who are—
(a) officers of the Force;
(b) officers of the regular forces of the United

Kingdom raised in the United Kingdom; or
(c) officers seconded for service with the Force,
may act as recruiting officers.

3. The forms set out in the First Schedule to these
Regulations or forms substantially to the like effect, are the forms
to be used for the purpose of the Act and these Regulations in
cases to which those forms are applicable.

4. (1) The recruiting officer, after a person offering to enlist
has been given a notice paper, shall satisfy himself that the person
understands the contents of the notice paper and the conditions of
engagement upon which he is about to enter and he shall warn the
person to be enlisted that if he knowingly makes any false answers
to the questions in the attestation paper which are to be put to him,
he is liable to be punished as provided by the Act.
(2) The recruiting officer shall satisfy himself that the
person offering to enlist is or, as the case may be, is not over the
apparent age of eighteen years.
(3) The recruiting officer shall read or cause to be read
to the person, in a language which he understands, the questions
set out in the attestation paper and shall ensure that the answers
are duly recorded thereon.

UNOFFICIAL VERSION


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Competent
Military
authorities.
Second
Schedule.

(4) The recruiting officer shall ask the person to make
and sign the declaration set out in the attestation paper as to the
truth of the answers and shall administer to him the oath of
allegiance set out in the attestation; but if the person objects to be
sworn and states as a ground for his objection either that he has
no religious belief or if it is not reasonable to administer an oath
to such a person in the manner appropriate to his religious belief,
the person shall be required to make a solemn affirmation instead
of taking the oath.
(5) Upon signing the declaration in the attestation paper
and upon taking the oath or, as the case may be, making the
solemn affirmation, the person shall become a member of the
Force and subject to military law.
(6) The recruiting officer shall by signature confirm on
the attestation paper that the requirements of the Act and these
Regulations have been duly complied with and shall deliver the
attestation paper duly dated to the appropriate officer in charge of
the records who shall on receiving the attestation paper sign it in
the appropriate place and thereby signify that the person is finally
approved for service.
(7) An other rank on being finally approved for
service shall be entitled to receive a certified true copy of the
attestation paper.

5. (1) In relation to the provisions of the Act specified in
the first column of Part I of the Second Schedule to these
Regulations and for the purposes specified opposite thereto in the
second column thereof, the officer specified in the third column
thereof shall be the competent military authority.
(2) The officers set out in the second column of Part II
of the Second Schedule shall, in pursuance of section 23(3) and
section 28 of the Act, be competent military authorities for the
purpose of authorising the discharge of an other rank for the
reasons set out in the first column thereof.

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Defence (Enlistment and Service) Regulations [Subsidiary]

Transfer
between units.

Terms of
enlistment.

Re-engagement.

6. An other rank on enlistment shall be appointed to a unit
and may be transferred from one unit to another by order of the
Commander if it is in the interest of the Force to do so.

7. (1) The terms of service for which, in accordance with
section 20(2) of the Act, a person who has apparently attained the
age of eighteen years may be enlisted shall be—
(a) a term of six months, 1, 2, 3, 4, 5 or 6 years of

colour service; or
(b) a term of 6 years being as to 3 years a term of

colour service and as to the remainder a term of
service in the reserve.

(2) The terms of service for which, in accordance with
section 20(3) of the Act, a person who has not apparently attained
the age of eighteen years may be enlisted shall be one of the
following, being a term beginning on the date of his attestation
and ending with the expiration of a period of—
(a) 6 years beginning with the day on which he

attained the age of eighteen years, being a term
of colour service; or

(b) 9 years beginning with the date on which he
attained the age of eighteen years, as to 6 years
a term of colour service and as to the remainder
a term of service in the reserve.

8. The period or periods of colour service for which an other
rank may re-engage in accordance with section 21(1) of the Act
shall be not more than 1, 2, 3 or 6 years at a time up to a maximum
of 12 years and thereafter for periods of 1, 2, or 3 years at a time,
until he has completed 22 years colour service; but where an other
rank has immediately prior to enlisting in accordance with these
Regulations served as an other rank in the military forces of the
United Kingdom or the former West India Regiment, the
continuous period of such paid colour service shall, for the
purposes of section 21 of the Act and this regulation, be treated as
colour service under the Act.

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Continuance in
the service.

Discharge
certificates.

Chief of
Defence Staff
authorised under
section 26 to
reduce certain
officers.

9. In computing the period of 22 years colour service for the
purpose of section 21(2) of the Act, an other rank who
immediately before he enlisted in the Force was serving in the
military forces of the United Kingdom or the former West India
Regiment shall be entitled to count any continuous period of such
paid colour service as colour service.
10. (1) The particulars to be contained in a certificate of
discharge are—
(a) number;
(b) name, including given name or forenames;
(c) date and place of enlistment;
(d) physical description of the other rank on leaving

colour service;
(e) rank of the other rank on leaving colour service;
(f) assessment of conduct and character on leaving

colour service with the signature of the officer
making the assessment;

(g) date of transfer to the reserve;
(h) rank on transfer to the reserve;
(i) date of discharge;
(j) rank on discharge;
(k) reason for discharge;
(l) total service on discharge, both colour service

(including where appropriate prior service in
accordance with regulations 8 and 9), and
service in the reserve; and

(m) signature of issuing officer.
(2) The particulars specified in paragraphs (g) and (h)
shall be omitted in the case of an other rank who has not served
in the reserve.
11. The Chief of Defence Staff is authorised to reduce a
warrant officer, non-commissioned officer or corresponding rank
in accordance with section 26 of the Act.

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Defence (Enlistment and Service) Regulations [Subsidiary]

Regulation 3.FIRST SCHEDULE
FORM 1

TRINIDAD AND TOBAGO DEFENCE FORCE

NOTICE PAPER
Notice to be given under section 19 of the Defence Act to a person offering to enlist in the

Trinidad and Tobago Defence Force.
This paper sets out the questions you will be required to answer before the officer who will
attest you for the Trinidad and Tobago Defence Force, and the general conditions of the various
engagements.

Under the provisions of sections 32 and 71 of the Defence Act if any person knowingly makes
a false answer to any question contained in the attestation paper he is liable to punishment.

Questions to be put to the recruit before enlistment

Q. 1. What is your full name?
Q. 2. What is your address?
Q. 3. State day, month and year of your birth.
Q. 4. Where were you born?
Q. 5. What is your nationality now?
Q. 6. What was the nationality at birth of: (a) yourself? (b) your father?
(c) your mother? (d) your wife/husband?
Q. 7. Are you single, married, widowed, divorced?
Q. 8. How many children are dependent on you?
Q. 9. What is your trade or calling?
Q. 10. Do you belong to, or have you ever served in, the naval, military or air forces of any

Commonwealth country or the former West India Regiment, or in any police force? If
so, state which, and the periods of service and the reasons for and dates of discharge.

Q. 11. Have you ever been cashiered, dismissed, discharged with disgrace, with ignominy or
for misconduct from the naval, military or air forces of any Commonwealth country, the
former West India Regiment or from any police force?

Q. 12. Have you truly stated the whole, if any, of your previous service?
Q. 13. Have you at any time been found guilty by any civil Court of any offence? If so, give

particulars.
Q. 14. Have you ever been rejected for service in the naval, military or air force of any

Commonwealth country, the former West India Regiment or in any police force? If so,
on what grounds?

Q. 15. Are you willing to be vaccinated or re-vaccinated?
Q. 16. Have you received a notice paper setting out the questions to be answered on attestation,

and the general conditions of the engagement to be entered into, and do you understand
the contents of the notice paper and wish to be enlisted?

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Q. 17. Are you willing to serve the State in the Trinidad and Tobago Defence Force or in such
other of the military forces of the State as may be raised under the Defence Act if the
State shall so long require your services, for—

a term of ................. years with the colours; or
a term of ................... years with the colours and ................. years in the reserve;

or
if you are a boy (that is if your age is under 18 years) the period from your date of
attestation up to the date on which you attain the age of 18 years and thereafter for either—

a period of 6 years with the colours; or
a period of 6 years with the colours and 3 years in the reserve.

You will be required to make the following declaration:
“I, ................................... do solemnly declare that the above answers made by me to the
above questions are true, and that I am willing to fulfil the engagements made.”
On signing the declaration and taking the oath or making a solemn affirmation you will
become an other rank of the Trinidad and Tobago Defence Force subject to military law
under the Defence Act.

GENERAL CONDITIONS OF ENGAGEMENT
1. You will be required to engage to serve the State in the Trinidad and Tobago Defence
Force or in such other of the military forces of the State as may be raised under the Defence Act
for such time as is agreed on attestation if the State shall so long require your services. You will
be liable to serve in any part of Trinidad and Tobago and may be ordered to serve outside Trinidad
and Tobago.
2. You may engage to serve—

(a) for a term of 6 months, 1, 2, 3, 4, 5 or 6 years, with the colours when any of
these terms of service are currently open;

(b) for a term of 3 years with the colours and 3 years in the reserve;
(c) if you are under the age of 18 years, for a term up to your 18th birthday and

thereafter for a term—
(i) of 6 years with the colours; or
(ii) of 6 years with the colours and 3 years in the reserve.

3. At any time within two years of your completing your colour service, you may
apply to serve for a further term with the colours until you have completed a continuous period
of 22 years with the colours.
4. After you have completed 22 years with the colours, you may apply to continue to
serve with the colours from year to year and during such continued service you may give three
months’ notice to claim your discharge.
5. If at the time you enlist you are serving in the military forces of the United Kingdom
you will be discharged from those forces but you will be entitled to count your prior continuous
service in those forces in computing the period of colour service for re-engagement and
continuation under paragraphs 3 and 4 for computing your pension.
6. You will be enlisted in the rank of private or corresponding or such other rank as the
Chief of Defence Staff, having due regard to any rank you have held either in the military forces of

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Defence (Enlistment and Service) Regulations [Subsidiary]

the United Kingdom or in the former West India Regiment, may decide. Subsequent promotion
will depend on vacancies in the establishment but if you had prior service in the military forces of
the United Kingdom or the former West India Regiment such service will be considered.
7. When you have been attested you will be subject to the provisions of the Defence Act
and you will be required to carry out whatever duties may be ordered by those in authority over you.
8. No guarantee can be given that you will be employed on any particular duties but
where you are enlisted with a view to performing particular duties or to being trained in a
particular trade, you will be employed on these duties or, as the case may be, trained and employed
in that trade, so far as the requirements of the service permit.
9. Where you are enlisted with a view to being employed on particular duties or in a
particular trade and through no fault of your own you fail to qualify or are unable to be employed
on those duties or in that trade, except for periods of limited duration, you may apply for discharge
which will be granted to you so long as the requirements of the service permit. Employment in a
trade depends on passing a specified trade test and there being a vacancy in the trade.
10. If you are enlisting for the first time in the Trinidad and Tobago Defence Force or such
other of the military forces of the State as may be raised from under the Defence Act and have not
had any prior service in the military forces of the United Kingdom you shall be entitled to claim
your discharge subject to sections 22 and 29 of the Defence Act at any time after twelve weeks
and within six months of your attestation on payment of a sum not exceeding one hundred dollars.
11. In computing your service for the purpose of discharge, re-engagement or transfer to
the reserve, periods during which you have been away from your duty because of imprisonment,
desertion or absence wihout leave exceeding twenty eight days will be excluded and, further, any
period which you are ordered by a Court-martial to forfeit, will be disregarded.
12. You may be discharged at any time during your engagement by order of a competent
military authority as a result of irregularities concerning your enlistment, for misconduct, for
unfitness on medical grounds or for the benefit of the public service.
13. If at any time when your term of colour service expires there is a state of war,
insurrection or hostilities, or a public emergency, you may be retained and your service prolonged
for such further period as a competent military authority may direct.
14. If you are transferred to the reserve at the end of your colour service you will be liable
when in the reserve to be called out—

(a) by proclamation if a state of war has been declared or insurrection or
hostilities or public emergency, in which event you are liable to serve for the
whole of the remaining unexpired term of service in the reserve and such
further period not exceeding twelve months as an other rank may be retained
under the Defence Act;

(b) on temporary service at any time when the President thinks necessary.
15. If at the time you are due to be discharged or transferred to the reserve you are liable
to be proceeded against for an offence against service law, your discharge or transfer to the reserve
will be postponed until after the proceedings have been concluded.
16. If at the time when you are entitled to be discharged or transferred to the reserve you
are serving out of Trinidad and Tobago, you will be sent to Trinidad and Tobago free of all costs.

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Q. 13. Have you at any
time been found
guilty by a civil
Court of any
offence? If so, give
particulars.

Q. 12. Have you truly
stated the whole, if
any, of your
previous services?

Q. 11. Have you ever been
cashiered, dismissed,
discharged with
disgrace, with
ignominy or for
misconduct from the
naval, military or air
forces of any
C ommo nw e a l t h
country or from any
police force?

Q. 10. Do you belong to, or have you ever served in the naval, military, or air forces of any
Commonwealth country or in the former West India Regiment, or in any police force?

If so, state which, and the periods of service and the reasons for and dates of discharge.

Q. 9. What is your trade
or calling?

Q. 8. How many children
are dependent on
you?

Q. 7. Are you single,
married, widowed,
divorced?

(State which)

Q. 6. What was the nationality at birth of—
(a) yourself? (b) your father?
(c) your mother? (d) your wife/husband?

Q. 3. State the day, month and year of your birth

Q. 5. What is your nationality now?

Q. 2. What is your address?

Q. 4. Where were you born?

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[Subsidiary] Defence (Enlistment and Service) Regulations

FORM 2
THE TRINIDAD AND TOBAGO DEFENCE

FORCE ATTESTATION PAPER
No. ........................................ Nature of Engagement............................................................. years
with the colours ...................................... years in the reserve.

General Instructions for completing the Attestation Paper
1. The recruit will first be given a copy of the notice paper.
2. Any alterations in this attestation paper will be initialled in ink by the recruiting officer.
3. The recruiting officer will delete all paragraphs referred to types of engagement which
are not appropriate.
Under the provisions of sections 32 and 71 of the Defence Act if a person knowingly
makes a false answer to any of the contained in the attestation paper, he renders himself liable
to punishment.

Questions to be put to the recruit before Enlistment
Q. 1. What is your full name? (a) Given name or Forenames (b) Surname

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Defence (Enlistment and Service) Regulations [Subsidiary]

CERTIFICATE OF RECRUITING OFFICER
The recruit named overleaf was cautioned by me that if he knowingly made any false answer
to any of the questions overleaf he would be liable to be punished as provided in the Defence Act.
The questions overleaf were then read to the recruit in my presence.
I have taken care that he understands each question, and that his answer to each question has
been duly entered.
I have taken care to see that the recruit has received a copy of the notice paper and I am satisfied
that he is fully aware of the terms and general conditions of service on which he has entered.

SOLEMN DECLARATION
I,......................................................, do solemnly declare that the above answers made by me
to the above questions are true, and that I am willing to fulfil the engagement made.
............................... .................................................. ................................................
(Date) (Signature of Recruit) (Signature of Witness)
(OATH TO BE TAKEN) (AFFIRMATION TO BE MADE) BY RECRUIT

ON ATTESTATION

I, ............................................................, (swear by Almighty God) (do solemnly, sincerely and
truly declare and affirm) that I will be faithful and bear true allegiance to Trinidad and Tobago and
that I will, as in duty bound, honestly and faithfully defend the State and the dignity of the State
against all enemies, and will observe and obey all orders of the State and of the officers set over me.

Q. 17. Are you willing to serve in the Trinidad and Tobago Defence Force or in such military
forces of the State as may be raised under the Defence Act provided the State shall so
long require your services, for—

a term of ............................................ years with the colours, or
a term of 3 years with the colours and 3 years in the reserve?
or A ....................

If you are a boy (that is if your age is under 18 years) the period from the date of your
attestation up to the date on which you attain the age of 18 years and thereafter for either—

a period of 6 years with the colours,
or
a period of 6 years with the colours and 3 years in reserve?
A ....................

Do you understand the contents of the
notice paper and wish to be enlisted?

Q. 16. Have you received a notice paper
( .......................... ) setting out the
questions to be answered on
attestation, and the general
conditions of the engagement to
be entered into?

Q. 15. Are you willing to be vaccinated or re-vaccinated?

Q. 14. Have you ever been rejected for service in any Commonwealth force or in the former
West India Regiment or in any police force? If so, on what grounds?

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Eyes ............................ Hair .............................

Distinctive marks, and marks indicating
congenital peculiarities of previous disease

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

Description of features .....................................

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

Identification particulars of ........................................................ on enlistment
Apparent age ............ years ............ months

(to be determined by the examining
medical officer)

Height ................................................ inches
(without boots/shoes, to nearest 1/4 inch.)

Weight ...................................................... lb.

Height ............................................................
(without boots/shoes to nearest 1/4 inch.)

Religious denomination ................................

CERTIFICATE OF APPROVING OFFICER
I certify that this attestation paper of the above-named recruit is properly completed and that the
required forms relative to his enlistment appear to have been complied with. I accordingly approve
his enlistment in the Trinidad and Tobago Defence Force.

Date .............................................................

Place ............................................................

.............................................................
(Signature of approving officer)

P U L H E E M S

..............................................................................
[Signature(s) of medical officer(s)]

CERTIFICATE OF MEDICAL EXAMINATION
I/We have examined this recruit in
accordance with current instructions and
have assessed him as follows:
Date .........................................................

Place .......................................................

I am satisfied from the evidence produced or the statements made by the recruit that he
(has)/(has not) attained the age of 18 years.
The said recruit has made and signed the declaration and (taken the oath)
(made a solemn affirmation) before me at .........................................................................................
on this ......................................... day of ..................................., 20 ...............

....................................................
(Signature and rank)
Recruiting Officer

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Defence (Enlistment and Service) Regulations [Subsidiary]

Regulation 5.

Competent military
authority

The commanding officer
The Chief of Defence Staff
The Chief of Defence Staff
The Chief of Defence Staff
The commanding officer
The Chief of Defence Staff
The commanding officer
The commanding officer
The Chief of Defence Staff
The commanding officer
The commanding officer

Reason

For inefficiency during the first 6 months of service …
For inefficiency at any other time … … …
Service no longer required … … …
Conviction of civil Court … … …
Medically unfit … … … …
On compassionate grounds … … …
On purchase under section 29 of the Act … …
On being unable to qualify for a trade … …
For misrepresentations and allied offences on attestation …
Having been attested but not finally approved… …
Having been improperly enlisted … … …

PART II

Competent military
authority

The commanding officer
The commanding officer

In Trinidad and Tobago
the Chief of Defence
Staff; outside
Trinidad and Tobago
the commander of
the force with which
an other rank is
serving

The commanding officer

The commanding officer

Purpose

Approving re-engagement
Approving continuance in colour

service
Prolonging service during

emergency

Discharging an other rank when
he falls to be transferred to
the reserve

Receiving claim and discharging
a person who has not made a
declaration on attestation

Provision of the Act

Section 21(1) … …
Section 21(2) … …

Section 22 … …

Section 24(2) … …

Section 31(2) … …

SECOND SCHEDULE
PART I

NOTES FOR RECRUITING OFFICERS
1. Insert type of engagement.
2. If the recruit has former service he is to be asked particulars of his former service, and will
produce, if possible, all certificates issued on discharge. All certificates will be returned to the
recruit and certificates will be conspicuously endorsed in red ink that he has been enlisted into the
Trinidad and Tobago Defence Force.
3. Delete whichever is inappropriate.
4. Answer yes to appropriate question.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Competent Military
Authority

The Chief of Defence Staff

The commanding officer

The commanding officer

The commanding officer

The commanding officer

Reason

For the purpose of being appointed to a Commission …
Having claimed discharged after 3 months notice (applicable

to an other rank serving beyond 22 years reckonable
service) … … … … …

A person having enlisted as a potential officer on his own
request failing to qualify for selection as an officer
cadet … … … … …

Having claimed discharged after 3 months notice (applicable
to an other rank serving beyond 22 years reckonable
service) … … … … …

A person having enlisted as a potential officer on his own
request failing to qualify for selection as an officer
cadet … … … … …

166 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Enlistment and Service) Regulations

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 167

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

[Subsidiary]

DEFENCE (OFFICERS) REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation and commencement.
2. Eligibility.
3. Eligibility for promotion.
4. Promotions.
5. Antedating of Commissions.
6. Acting rank.
7. Honorary rank.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

*These Regulations constituted the original Part II of the Sixth Schedule to the Act.

7 of 1962.
(6th Sch.).
[32 of 1979]

Citation and
Commencement.

Eligibility.

Eligibility for
promotion.

*DEFENCE (OFFICERS) REGULATIONS
deemed to be made under section 244

1. (1) These Regulations may be cited as the Defence
(Officers) Regulations.
(2) These Regulations have effect from 31st May 1962.
2. No person shall be commissioned as an officer unless—
(a) he is a Commonwealth citizen; and
(b) has been resident in any place in the

Commonwealth or the Eastern Caribbean for at
least two years.

3. (1) Subject to this Regulation, officers will normally be
eligible for consideration for promotion to substantive ranks as
follows:
(a) in the case of officers attached to the land forces—
(i) to lieutenant, after two years

commissioned service;
(ii) to captain, after four years commissioned

service as a lieutenant;
(iii) to major, after seven years commissioned

service as a captain;
(b) in the case of officers attached to the coast

guard—
(i) to sub-lieutenant, depending on his

progress while under training;
(ii) to lieutenant, after eighteen months

commissioned service as sub-lieutenant;
(iii) to lieutenant-commander, after nine years

commissioned service as a lieutenant.
(2) Commissioned service in the military forces of the
United Kingdom or the former West India Regiment immediately
prior to commission under this Act shall count as service for the
purpose of these Regulations.

168 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 169

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Officers) Regulations [Subsidiary]

Promotions.
[32 of 1979].

Antedating of
commissions.

Acting rank.

Honorary rank.

4. An officer is eligible for substantive promotion to the rank
of Captain, Major or other corresponding rank where he has passed
the appropriate promotion examination and has been recommended
for promotion to the Board by his commanding officer.

5. The Commission of an officer into the Force may, on the
recommendations of the Board set up under section 10 of the Act,
be antedated.

6. An officer may be promoted to acting or paid acting rank
to fill a vacancy in the establishment of any unit.

7. (1) The President may appoint a person to an honorary
rank and under such conditions as he may think fit.
(2) A person appointed under subregulation (1) to a
commission is not entitled to any pay, allowance, retired pay,
pension, gratuity or other benefit.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

DEFENCE (PAY AND SUPERANNUATION)
(TRANSFERRED OFFICERS) REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.
2. Interpretation of “Secondment” and “public service”.
3. Seconded officers transferred to the Defence Force.
4. Pay and allowances of seconded personnel.
5. Superannuation benefits.
6. Preservation of leave and leave passages.
7. Leave passage on termination of service.
8. Transfer from the Defence Force to the public service.
9. Rights in lieu of re-absorption.
10. Repayment of benefits.

170 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 171

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

[Subsidiary]

*These Regulations constituted the former Seventh Schedule to the Act.

19 of 1967.
[218/1977].

Citation.

Interpretation of
“Secondment”
and “public
service”.

Seconded
officers
transferred to
the Defence
Force.

Pay and
allowances of
seconded
personnel.

Superannuation
benefit.
[218/1977].

*DEFENCE (PAY AND SUPERANNUATION)
(TRANSFERRED OFFICERS) REGULATIONS

deemed to be made under section 244
1. These Regulations may be cited as the Defence (Pay and
Superannuation) (Transferred Officers) Regulations.
2. (1) For the purposes of these Regulations, a person shall
be taken to be seconded to the Defence Force if being the holder
of a substantive office in the public service he has been assigned
for duty with the Defence Force.
(2) For the purposes of these Regulations “public
service” includes service in the Trinidad and Tobago Police
Service and the Trinidad and Tobago Fire Service.
3. Every person who has been seconded from the public
service to the Defence Force on or before 31st December 1964 (in
these Regulations referred to as a “seconded officer”) shall be
deemed to be transferred to the Defence Force with effect from
1st January 1965 and shall from that date, subject to the provisions
of these Regulations, cease to be the holder of an office in the public
service, but, subject as mentioned above, may be transferred from
the Defence Force to an office in the public service.
4. Every seconded officer shall, with effect from the date on
which he was seconded, be paid the salary attached to the office
from which he was seconded or the basic pay attached to the rank
which he holds in the Defence Force, whichever is the greater,
but in either case shall be entitled to receive such allowances as
may attach to his rank in the Defence Force by virtue of any rules
or regulations made under the Act for that purpose.
5. (1) This regulation applies—
(a) to seconded officers;
(b) to persons who have after 31st December 1964

enlisted in or were recruited to the Defence
Force from the public service;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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(c) to persons who have enlisted in or were recruited
to the Defence Force from service in the
employment of a prescribed body or authority;

(d) to any person who has enlisted in or was
recruited to the Defence Force from service as a
teacher in an Assisted Secondary School;

(e) to persons who on being recruited into or before
enlisting in the Defence Force were daily-paid
employees in the public service or in the
employment of a prescribed body or authority.

In this regulation, “prescribed body or authority” means any
body or authority prescribed by the Minister by Regulations
made under section 244(1)(g) of the Act.
(2) A person to whom this regulation applies may elect—
(a) to contribute to any superannuation scheme

which may be established for the benefit of
members of the Defence Force; or

(b) to continue to be subject for the purposes of
eligibility for superannuation benefits to the
pensions laws applicable to—

(i) the branch of the public service;
(ii) his service in the employment of a

prescribed body or authority; or
(iii) his service as a teacher in an Assisted

Secondary School,
from which he was seconded, enlisted or

recruited, as the case may require; but, in any
case, for the purposes of computing the total
service in respect of which superannuation
benefits shall accrue, account shall be taken
both of the service in the Defence Force and
service in the public service, or in the
employment of a prescribed body or authority or
as a teacher in an Assisted Secondary School, as
the case may require;

172 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Pay amd Superannuation) (Transferred Officers) Regulations

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 173

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Pay amd Superannuation) (Transferred Officers) Regulations [Subsidiary]

Ch. 23:59.

Preservation of
leave and leave
passages.

Leave passage
on termination
of service.

Transfer from
the Defence
Force to the
public service.

(c) if he held a pensionable office, or was employed
in a temporary capacity for not less than two
years, in a Service as defined in the Law Reform
(Pensions) Act, other than the Defence Force, to
have his service in that Service (hereinafter
referred to as “his previous service”) consolidated
with his period of service in the Defence Force, on
the condition that he pays arrears of contribution
in respect of his previous service.

(3) Subregulation (2)(c) applies only to a person who
held a pensionable office in a Service as defined in the Law
Reform (Pensions) Act, on or after 2nd June 1989.

6. A seconded officer who, prior to his secondment to the
Defence Force, was eligible under any regulations then in force
relating to the office of which he was holder for the grant of
vacation leave or leave passages for himself and specified
members of his family shall, notwithstanding any provisions to
the contrary contained in such regulations or in any
administrative directions, be entitled to have such leave and leave
passages preserved to him and may, subject to the exigencies of
the Defence Force, be granted the same at any time during his
services with the Defence Force.

7. A seconded officer who has been transferred to the
Defence Force in pursuance of regulation 3, and who but for such
transfer would have become eligible for the grant of a leave
passage under the regulations applicable to the office from which
he was seconded, shall, at the termination of his service in the
Defence Force, if he has at that date completed four or more
years service with the Force, be eligible for the grant of leave
passage of a class prescribed for the holders of offices in the
public service who receive like pay and allowances.
8. A seconded officer who has been transferred to the Defence
Force in pursuance of regulation 3 may, with the approval of the
appropriate Service Commission, be transferred from the Defence

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Rights in lieu of
re-absorption.

Repayment of
benefits.

Force to an office in the public service on the termination of his
service with the Defence Force if—
(a) at the date of the termination of such service the

officer has not attained the age of fifty-five years;
(b) there is available to the officer an office to which

there are attached pensionable emoluments at
least equivalent to the basic pay received by him
as a member of the Defence Force at the date on
which his service with that Force is terminated or
to the average basic pay received by him during
the last six months of his service as a member of
the Defence Force, whichever is the greater.

9. A seconded officer who has been transferred to the Defence
Force in pursuance of regulation 3 and who has been honourably
discharged from the Defence Force and is otherwise qualified to be
re-absorbed in the public service may, if no appropriate office is at
the time of his discharge available to him, elect either—
(a) to receive compensation for loss of office calculated

at the rate prescribed for public officers; or
(b) to continue, subject to the approval of the

Minister, in the service of the Defence Force until
he attains the age at which he would normally be
required to retire from the public service.

10. Where a seconded officer who has been transferred to the
Defence Force in pursuance of regulation 3 has not been re-absorbed
in the public service, and the officer has contributed towards the
Superannuation Scheme established under the Defence Act and the
Widows’ and Orphans’ Pensions Scheme, any benefits which may
become payable to the personal representatives of such officers shall
be paid from both funds, but if the officer has been re-absorbed into
the public service, his personal legal representatives shall be entitled
to receive the benefits provided for by the Superannuation Schedule
established under the Defence Act or those provided by the Widows’
and Orphans’ Pension Scheme, whichever are the greater; and there
shall be refunded with interest to such personal representatives the
contributions made by the officer to the Scheme from which the
benefits aforesaid were not paid.

174 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Pay amd Superannuation) (Transferred Officers) Regulations

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 175

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

[Subsidiary]

* This Ordinance was repealed by the Municipal Corporations Act, 1990 (Act No. 21 of 1990).

134/1974.
[217/1977].

Citation.

Prescribed
bodies and
authorities to be
specified.

SCHEDULE
The Agricultural Development Bank of Trinidad and Tobago established

under the Agricultural Development Bank Act, Ch. 79:07.
The Agricultural Society of Trinidad and Tobago established under the

Agricultural Society Act, Ch. 63:01.
*The Arima Borough Council established under the Arima Corporation

Ordinance, Ch. 39 No. 11(1950 Ed.).
*The Borough Police appointed for the purposes of the San Fernando

Corporation Ordinance, Ch. 39 No. 7 (1950 Ed.), and the Arima
Corporation Ordinance, Ch. 39 No. 11(1950 Ed.), respectively.

The British West Indian Airways Limited, a company incorporated under the
Companies Act (Ch. 81:01).

The Central Marketing Agency established under the Central Marketing
Agency Act, Ch. 68:01.

*The City Police appointed for the purposes of the Port-of-Spain Corporation
Ordinance, Ch. 39. No. 1 (1950 Ed.).

The Cocoa and Coffee Industry Board established under the Cocoa and Coffee
Industry Act, Ch. 64:20.

The Control Board established by virtue of the Emergency Powers (Defence)
Acts 1939 and 1940 of the United Kingdom as applied by the Emergency
Powers (Colonial Defence) Order-in-Council in so far as it relates to the
Control Board before the year 1951.

DEFENCE (PAY AND SUPERANNUATION)
(TRANSFERRED OFFICERS) (PRESCRIBED BODIES AND

AUTHORITIES) REGULATIONS
made under section 244

1. These Regulations may be cited as the Defence (Pay and
Superannuation) (Transferred Officers) (Prescribed Bodies and
Authorities) Regulations.
2. The bodies and authorities specified in the Schedule
hereto are prescribed bodies and authorities for the purposes of
regulation 5 of the Defence (Pay and Superannuation)
(Transferred Officers) Regulations.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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* This Ordinance was repealed by the Municipal Corporations Act, 1990 (Act No. 21 of 1990).

The Industrial Development Corporation established under the Industrial
Development Corporation Act, Ch. 85:50.

The National Housing Authority established under the Housing Act, Ch. 33:01.
The Port Authority of Trinidad and Tobago established under the Port

Authority Act, Ch. 51:01.
*The Port-of-Spain City Council established under the Port-of-Spain

Corporation Ordinance, Ch. 39. No. 1 (1950 Ed.).
The Public Transport Service Corporation established under the Public

Transport Service Act, Ch. 48:02.
*The San Fernando Borough Council established under the San Fernando

Corporation Ordinance, Ch. 39. No. 7 (1950 Ed.).
The Sugar Industry Control Board established under the Sugar Industry

Control Board Act, Ch. 64:03.
The Sugar Industry Labour Welfare Committee incorporated under the Sugar

Industry Labour Welfare Committee (Incorporation) Act, Ch. 64:05.
The Trinidad and Tobago Electricity Commission established under the

Trinidad and Tobago Electricity Commission Act, Ch. 54:70.
The Trinidad and Tobago Telephone Company Limited established under the

Trinidad and Tobago Telephone Act, Ch. 47:30.
The Trinidad and Tobago Tourist Board established under the Tourist Board

Act, Ch. 87:53.
The Water and Sewerage Authority established under the Water and Sewerage

Act, Ch. 54:40.
The Zoological Society of Trinidad and Tobago incorporated under the

Zoological Society of Trinidad and Tobago (Incorporation) Ordinance
1952. (Ord. 12 of 1952).

The former Marketing Board established under the former Marketing Board
Ordinance, Ch. 23. No. 8 (1950 Ed.).

176 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Pay and Superannuation) (Transferred Officers)
(Prescribed Bodies and Authorities) Regulations

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 177

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

[Subsidiary]

DEFENCE FORCE (ADMINISTRATIVE INSPECTIONS)
REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.
2. Minister to appoint team of administrative inspectors.
3. Composition of team.
4. Minister may appoint person of proven military experience to

assist them.
5. Team to inspect at least once a year and to give notice to Chief of

Defence Staff.
6. Report of inspection to be submitted to Minister.
7. Snap inspections.
8. Report of snap inspections.
9. Conduct of inspections.
10. Inspectors to be paid travelling and subsistence allowances.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

82/1975.

Citation.

Minister to
appoint team of
administrative
inspectors.

Composition of
team.

Minister may
appoint person
of proven
military
experience to
assist them.

DEFENCE FORCE (ADMINISTRATIVE INSPECTIONS)
REGULATIONS

made under section 244

1. These Regulations may be cited as the Defence Force
(Administrative Inspections) Regulations.

2. The Minister shall by writing under his hand appoint a
team of three administrative inspectors (hereinafter called “the
team”) for the purpose of inspecting the Trinidad and Tobago
Defence Force to ensure that—
(a) all units of the Force are maintained at a level of

efficiency sufficient to fulfil the role for which
the Force was established—special attention
being paid to discipline, morale and training;

(b) economy is practised in the organisation and
administration of the Force; and

(c) satisfactory arrangements obtain for the security
of camp areas and other military installations.

3. (1) The team shall consist of—
(a) one inspector from the Ministry responsible for

the subject of defence;
(b) one inspector from the Ministry of Finance; and
(c) one inspector from the law officers of the

Attorney General’s Office,
and each Inspector shall serve on the team for the period
specified in the instrument of his appointment.
(2) Subject to regulation 4, the Minister shall nominate
one inspector to be leader of the team.

4. For the purpose of assisting the team in the organisation
and development of a system of inspection the Minister may
appoint a person of proven military experience who has served
elsewhere than in the Trinidad and Tobago Defence Force and
who shall lead the team during the period of his appointment.

178 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 179

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence Force (Administrative Inspections) Regulations [Subsidiary]

Team to inspect
at least once a
year and to give
notice to Chief
of Defence
Staff.
Report of
inspection to be
submitted to
Minister.

Snap
inspections.

Report of snap
inspections.

Conduct of
inspections.

Inspectors to be
paid travelling
and subsistence
allowances.

5. The team shall inspect the Force at least once each year
and shall give at least fourteen days’ notice of inspection to the
Chief of Defence Staff.

6. Reports of inspections by the team shall be submitted
within three months of the conclusion of the inspection to the
Minister who shall forward copies thereof to the Chief of
Defence Staff.

7. In addition to inspections under regulation 5 individual
inspectors may from time to time make snap inspections without
prior notice to the Chief of Defence Staff.

8. Reports of all snap inspections shall be submitted within
one week of the conclusion of the inspection to the leader of the
team for transmission to the Minister and through the Minister to
the Chief of Defence Staff.

9. In the conduct of any inspection under these Regulations
inspectors shall be guided by any special or general directions of
the Minister and shall—
(a) have access to all records, reports, standing

orders and other written instructions, accounts,
stores, equipment and installations obtaining
with the approval of the Minister specialist or
expert advice where necessary from whatever
source such advice is obtainable;

(b) examine disciplinary charges and punishment;
(c) investigate complaints from officers and men; and
(d) interview any member of the Force who is likely

to be of assistance for the purposes of the
inspection.

10. Inspectors shall be paid travelling and subsistence
allowances at rates to be determined by the Minister.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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DEFENCE (SPECIAL SERVICE COMMISSIONS)
REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation and Commencement.

PART I
PRELIMINARY

2. Definitions.

PART II
APPOINTMENT, TRAINING

AND PROMOTION OF OFFICERS
3. Condition precedent to making recommendation.
4. Power of Board to recommend in certain specified cases.
5. Training.
6. Commission and service.
6A. Termination of Commission.
7. Rank on appointment.
8. Seniority.
9. Promotion.
10. Eligibility for regular commission and terminal benefits.
11. Application of Regulations to officers.

PART III
SUPERANNUATION

AGE OF RETIREMENT, CONTRIBUTIONS AND BENEFITS
12. Age of compulsory retirement.
13. Contribution of superannuation benefits.
14. Gratuity on completion of Commission.
15. Officers retiring before completing ten years service.
16. Gratuity and pension payable after ten years but before fifteen years service.

180 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 181

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Special Service Commissions) Regulations [Subsidiary]

17. Gratuity and pension payable after fifteen years but before twenty
years service.

18. Gratuity and pension payable after twenty years service.

PART IV
BENEFITS TO DEPENDANTS ON DEATH OF OFFICERS
19. Benefits payable to dependants on death of officer who has

completed ten years service.
20. Benefits payable to dependants on death of officer who has not

completed ten years service.
21. Pension payable where officer dies after retirement.

PART V
GENERAL

22. Special allowances or pension payable for injuries or death resulting
therefrom.

23. Savings.

PART VI
GENERAL AND TRANSITIONAL PROVISIONS

24. Power to dispense with probate.

REGULATION

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

104/1987.
[143/2009].

Citation and
commencement.
[143/2009].

Definitions.
[143/2009].

GN No. 38 of
1968.

DEFENCE (SPECIAL SERVICE COMMISSIONS)
REGULATIONS

made under section 244

1. (1) These Regulations may be cited as the Defence
(Special Service Commissions) Regulations.
(2) These Regulations shall be deemed to have come
into effect on 1st June 1962.

PART I

PRELIMINARY
2. In these Regulations—
“the Act” means the Defence Act;
“the 1968 Regulations” means the Defence (Pensions, Terminal

and Other Grants) Regulations, 1968;
“basic pay” means such sum as may from time to time be

approved by the Minister;
“Board” means the Commissions Board set up by the President

pursuant to section 10 of the Act;
“child” has the meaning assigned to it under the 1968

Regulations;
“Force” means the Trinidad and Tobago Defence Force;
“officer” means Special Service Commissioned Officer;
“pensionable emoluments” means the average annual basic pay

received by a member of the Force during the three years
immediately preceding the date of retirement from colour
service or the basic pay which he was actually receiving on
the date of such retirement, whichever is the greater;

“reckonable service” means pensionable service and qualifying
service within the meaning of the 1968 Regulations;

“Special Service Commission” means a Commission appointed
pursuant to regulation 6.

182 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 183

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Special Service Commissions) Regulations [Subsidiary]

Condition
precedent to
making
recommendation.
[143/2009].

Power of Board
to recommend
in certain
specified cases.

Training.

PART II
APPOINTMENT, TRAINING AND
PROMOTION OF OFFICERS

3. Before making a recommendation for the appointment of
a person to a Special Service Commission, the Board must be
satisfied that the person—
(a) is a citizen of Trinidad and Tobago between the

ages of twenty-four and forty-two;
(b) has been certified as medically fit in accordance

with service (PULMEEMS C.F.E.) standard; and
(c) possesses an educational qualification of or

equivalent to, five passes at ordinary level in the
Cambridge Overseas General Certificate of
Education Examinations or in the London
Overseas General Certificate of Education
Examinations or in the Caribbean Examination
Council Examinations, save that the passes shall
include English Language and either
Mathematics or a science subject.

4. (1) Notwithstanding paragraph (b) of regulation 3, the
Board may, in special circumstances, recommend for a
Commission a person who is certified as medically fit in a lower
medical category.
(2) Notwithstanding paragraph (c) of regulation 3, the
Board may, in special circumstances, recommend for a
Commission a person who does not possess the qualifications
specified in that paragraph but who, in the opinion of the Board
possesses any professional or technical competence or experience
which it may consider desirable in the interest of the Force.

5. (1) A person appointed to a Commission in the Force
shall be required, where necessary, to undergo training with a unit
of the Force, or at an approved institution or with the unit and the
approved institution.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Commission
and service.
[143/2009].

Termination of
Commission.
[143/2009].

Rank on
appointment.

Seniority.

(2) An officer to whom subregulation (1) applies, who
fails to attain the standard required by his Commanding Officer
may be referred for further training or may be granted a discharge.
(3) An officer who is discharged under subregulation (2)
shall not be subject to reserve liability but may be required to
refund the cost of his training.

6. (1) The appointment of an officer shall be for an initial
period of at least three years but not more than five years, save
that his Commission shall not be confirmed until he has
completed six months’ service to the satisfaction of the Board,
acting on the recommendation of his Commanding Officer.
(2) On completing the initial period of service referred
to in subregulation (1), the officer may, on the recommendation
of his Commanding Officer, have his Commission extended by
the Minister for further periods not exceeding three years at any
one time where—
(a) (deleted by LN 143/2009);
(b) his service is satisfactory; and
(c) his services are required.

6A. An appointment to a Commission effected under these
Regulations may be terminated at anytime thereafter by the
President on the advice of the Board through the Minister.

7. The rank of an officer in the Force shall be not lower than
that of Lieutenant in the Trinidad and Tobago Regiment or an
equivalent rank in the Trinidad and Tobago Coast Guard, but the
officer may, by virtue of his age and profession or technical
competence or experience, be appointed to a higher rank.

8. (1) The seniority of an officer shall be determined by the
date of his appointment to a Commission.
(2) Notwithstanding subregulation (1), the Board may for
the purposes of determining the seniority of an officer take into
account any previous service and special qualifications of that officer.

184 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Special Service Commissions) Regulations

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 185

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L.R.O.

Defence (Special Service Commissions) Regulations [Subsidiary]

Promotion.

Eligibility for
regular
commission and
terminal
benefits.

Application of
Regulations to
officers.

Age of
compulsory
retirement.

9. An officer who is commissioned under these Regulations
is eligible for promotion to substantive rank in accordance with
regulations 2 and 4 of the Defence (Officers) Regulations, 1962,
but may on the recommendation of his Commanding Officer be
promoted to substantive rank although not qualified by the length
of service specified under the said Regulations.

10. (1) An officer is eligible for a regular commission if—
(a) he has served at least three years as an officer;
(b) he has attended a course of training at an

approved institution;
(c) he is able to serve a period of twenty years in the

Force before he attains the age of forty-seven
years or such other age at which he may be
permitted to retire pursuant to the provisions of
regulation 3(3)(a) of the 1968 Regulations; and

(d) he is recommended by his Commanding Officer.
(2) An officer to whom subregulation (1) applies shall
have his terminal benefits assessed in accordance with the 1968
Regulations.

11. (1) Regulations made under the Act and relating to
seniority, pay and allowances, family passages, medical and
dental treatment, leave, discipline, accommodation and
procedure shall apply to officers.
(2) An officer shall, at the end of his service, be granted
in addition to any other leave for which he may be eligible such
terminal leave as may be prescribed.

PART III
SUPERANNUATION

AGE OF RETIREMENT, CONTRIBUTIONS AND BENEFITS

12. Every officer shall retire on attaining the age
specified for the retirement of officers under regulation 3 of
the 1968 Regulations.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Contribution of
superannuation
benefits.

Gratuity on
completion of
Commission.
[143/2009].

Officers retiring
before
completing ten
years service.

Gratuity and
pension payable
after ten years
but before
fifteen years
service.

13. As a contribution towards the superannuation benefits,
there shall be deducted from the basic pay of every officer such sum
as may from time to time be prescribed for members of the Force.

14. Every officer appointed to a Special Service Commission
shall on completion of the Commission be eligible for a gratuity
calculated at the rate of twenty per cent of the basic pay and
previous unbroken Government service shall be taken into
account for the purpose of assessing the gratuity.

15. (1) Where an officer leaves the Force whether by reason
of dismissal or otherwise without being eligible for a pension or
gratuity, he is entitled to the return in full of all deductions made
from his basic pay under regulation 13 with interest thereon at the
rate prescribed for members of the Force.
(2) An officer who leaves the Force whether by reason
of dismissal or otherwise, before completion of his Commission
and who has not completed ten years reckonable service is—
(a) eligible to receive a gratuity equivalent to

twenty per cent of the aggregate amount of the
basic pay received by him during the period of
his service; and

(b) entitled to the return in full of all deductions
made from his basic pay under regulation 13,
together with interest thereon at the rate
prescribed for members of the Force.

16. An officer who leaves the Force whether by reason of
dismissal or otherwise, after he has completed ten years
reckonable service but before he has completed fifteen years such
service shall be paid—
(a) an annual pension at the rate of one/six

hundredth of his pensionable emoluments for
each completed month of such service; and

(b) a gratuity equal to thirty days pensionable
emoluments for each completed year of
such service.

186 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Special Service Commissions) Regulations

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 187

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L.R.O.

Defence (Special Service Commissions) Regulations [Subsidiary]

Gratuity and
pension payable
after fifteen
years but before
twenty years
service.

Gratuity and
pension payable
after twenty
years service.

17. An officer who leaves the Force, whether by reason of
dismissal or otherwise, after he has completed fifteen years
reckonable service but before he has completed twenty years
such service shall be paid—
(a) an annual pension at the rate of one/five hundred

and fortieth of his pensionable emoluments for
each completed month of such service; and

(b) a gratuity equal to thirty days pensionable
emoluments for each completed year of such
service.

18. (1) An officer who leaves the Force whether by reason
of dismissal or otherwise after he has completed twenty years
reckonable service and has attained the age of forty-five years
shall be paid—
(a) an annual pension at the rate of one/four hundred

and eightieth of his pensionable emoluments for
each completed month of such service; and

(b) a gratuity equal to thirty days pensionable
emoluments for each completed year of such
service.

(2) An officer who is retired or called upon to retire
from the Force on grounds other than misconduct after he has
completed twenty years reckonable service and before attaining
the age of forty-five years shall be paid—
(a) an annual pension at the rate of one/four hundred

and eightieth of his pensionable emoluments for
each completed month of such service; and

(b) a gratuity equal to thirty days pensionable
emoluments for each completed year of such
service.

(3) An officer who retires voluntarily from the Force or
is called upon to retire for misconduct or is dismissed after he has
completed twenty years reckonable service and before attaining
the age of forty-five years shall be paid—
(a) an annual pension at the rate of one/four hundred

and eightieth of his pensionable emoluments for

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Benefits payable
to dependants
on death of
officer who has
completed ten
years service.

Benefits payable
to dependants
on death of
officer who has
not completed
ten years
service.

Pension payable
where officer
dies after
retirement.

Special
allowances or
pension payable
for injuries or
death resulting
therefrom.

each completed month of reckonable service
reduced by ten per cent for each year or part of a
year by which the age at which he leaves the
Force falls short of the age of forty-five years; and

(b) a terminal grant equal to three and one-half
times the annual pension computed in
accordance with subparagraph (a).

PART IV

BENEFITS TO DEPENDANTS ON DEATH OF OFFICER
19. Where an officer dies while in the service of the Force
and at the date of his death he has completed ten years reckonable
service, the gratuity and pension for which he would have been
eligible had he retired at the date of his death shall be paid in
accordance with regulation 11 of the 1968 Regulations.

20. (1) Where an officer dies while in the service of the Force
but before he has completed ten years reckonable service, there
shall be paid to his widow or orphans or to both such widow and
orphans or where appropriate, to his legal personal representative,
a special gratuity equal to thirty days pensionable service.

(2) Any gratuity payable under subregulation (1) shall
be paid in accordance with the 1968 Regulations.

21. Where an officer dies after he has retired, the 1968
Regulations shall apply in respect of his benefits.

PART V

GENERAL
22. Where an officer dies or has been permanently disabled
in the circumstances contemplated by regulations 15 and 16 of
the 1968 Regulations, those Regulations shall govern the
payment of any pension or special allowances to which the
officer or his dependants may be entitled.

188 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Special Service Commissions) Regulations

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 189

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Special Service Commissions) Regulations [Subsidiary]

Savings.

Act No. 19 of
1967.

Power to
dispense with
probate.

23. (1) These Regulations, in so far as they relate to
pensionable service and the payment of superannuation benefits
shall not apply to an officer—
(a) who was transferred to the Force under the

Defence (Amendment) Act, 1967; or
(b) who has been commissioned from the ranks.
(2) An officer referred to in subregulation (1) shall, for
the purposes of superannuation and retirement benefits, have his
previous military service or pensionable service with the
Government of Trinidad and Tobago computed in accordance with
the 1968 Regulations, or any other legislation made in that behalf.

PART VI
GENERAL AND TRANSITIONAL PROVISIONS

24. (1) On the death of an officer to whom any moneys may
be due on account of pay, pension and terminal grant or gratuity,
the Minister of Finance may, on his being satisfied as to the
expediency in such case of dispensing with the production of
probate or letters of administration, cause such moneys to be paid
to such person as he may consider entitled thereto, without
requiring the production of probate or letters of administration.
(2) Any payment made in pursuance of subregulation (1),
shall be valid against all persons whatsoever, and all persons
acting under this regulation shall be absolutely discharged from
all liability in respect of all moneys duly paid by them under
that regulation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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DEFENCE (PENSIONS, TERMINAL AND OTHER
GRANTS) REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation and commencement.
PRELIMINARY

2. Definition.

PART I
SUPERANNUATION

AGE OF RETIREMENT, CONTRIBUTIONS AND BENEFITS
3. Ages of compulsory retirement.
4. Contribution to superannuation benefits.
5. Payments to officers and other ranks leaving the Force without

qualifying for pension, etc.
6. Gratuity payable to officers and other ranks after ten years service.
7. On attaining age of 45 after 20 years service.
7A. Other rank enlisted before 1st January 1966.
8. Pensions to members of Force in cases of disability.
9. Retirement in the interest of the Force, etc.
10. Voluntary retirement or dismissal for misconduct before the age of

forty-five years.

PART II
BENEFITS TO DEPENDENTS ON DEATH OF OFFICER

OR OTHER RANK
11. Officer or other rank dying after ten or more years of service.
12. Officer or other rank dying prior to completion of ten years service.
13. Pension to widow and orphans of officer or other rank dying after

retirement.
14. Division of pension between widow and children in the discretion of

the Minister.

190 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 191

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Pensions, Terminal and Other Grants) Regulations [Subsidiary]

PART III
SPECIAL ALLOWANCES FOR INJURIES OR DEATH IN

THE DISCHARGE OF DUTIES
15. Special allowance for injuries.
16. Pension to widow and orphans of members of Force who die in

execution of their duty.
17. Power to dispense with probate.
18. Officers and other ranks transferred from Public Service and

Police Service.

REGULATION

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

* These Regulations have been amended by GNs 162, 172 and 173/1969; 50/1973; 212/1976;
LNs 131/1982; 105/1985; Act No. 16 of 1988; LN 236/1988; Act No. 20 of 1997; LN 52/2011
and LN 292/2014.

† The Fourth Schedule to the Act was revoked by LN 84/1989. (See Note on Omissions on page 2).

38/1968.*

Citation and
commencement.

Definition.
[105/1985
20 of 1997].

DEFENCE (PENSIONS, TERMINAL AND OTHER
GRANTS) REGULATIONS

made under section 244

1. (1) These Regulations may be cited as the Defence
(Pensions, Terminal and Other Grants) Regulations.
(2) The Regulations took effect from the 1st day of
January, 1966.

PRELIMINARY
2. In these Regulations—
(a) “Act” means the Defence Act;
(b) “basic pay” means—
†(i) in relation to officers, the appropriate sum

set out in the second column of Table I to
the Fourth Schedule to the Act;

†(ii) in relation to other ranks, the appropriate
sum set out in the second column of Table III
to the Fourth Schedule to the Act together
with increments earned;

(c) “pensionable emoluments” means the average
annual basic pay received by a member of the
Force during the three years immediately
preceding the date of retirement from colour
service or the basic pay which he was actually
receiving on the date of such retirement,
whichever is the greater;

(d) “child” means—
(i) a legitimate or legitimated child;
(ii) a stepchild;
(iii) a child adopted in the manner prescribed

by law;
(iv) a posthumous legitimate child, who has

not attained the age of eighteen years;
(dd) “Her Majesty’s Military Forces” includes any

Commonwealth Force;

192 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 193

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Pensions, Terminal and Other Grants) Regulations [Subsidiary]

Ch. 23:59.

Ages of
compulsory
retirement.
[172/1969
50/1973
212/1976
236/1988].

(e) “pensionable service” means paid colour service
in the Force after attaining the age of twenty
years; and includes—

(i) paid colour service in Her Majesty’s
Military Forces, or in the West India
Regiment; and

(ii) pensionable service under a pension law
as defined in the Law Reform (Pensions)
Act, other than the Defence Act, for which
a member has paid arrears of contribution;

(f) “public claim” means—
(i) any public debt or disallowance,

including any over-issue or advance of
pay, pension, terminal grant, gratuity or
other emoluments made through an error
as to the facts; or

(ii) the sum required to make good any loss,
deficiency or irregular expenditure of
public money, any deficiency, loss or
damage to public stores buildings or
other property;

(g) “qualifying service” means paid colour service
in the Force and, in respect of any member of
the Force who before the coming into operation
of these Regulations was in the Trinidad and
Tobago Defence Force, includes colour service
of such member in the Trinidad and Tobago
Defence Force, or in Her Majesty’s Military
Forces or in the West India Regiment;

(h) “service claim” means any service debt or the
sum required to make good any loss, deficiency
or irregular expenditure of service money.

PART I
SUPERANNUATION

AGE OF RETIREMENT, CONTRIBUTIONS AND BENEFITS
3. (1) It shall be compulsory for officers to retire on
attaining the following ages, that is to say:
(a) a brigadier or commodore, colonel or a captain,

at the age of fifty-five years;

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(b) a lieutenant-colonel or a commander, at the age
of fifty years;

(c) a major or a lieutenant-commander or lower
rank, at the age of forty-seven years.

(2) It shall be compulsory for other ranks to retire on
attaining the following ages, that is to say:
(a) a warrant officer or a chief petty officer, at the

age of fifty years;
(b) a sergeant, staff-sergeant or a petty officer, at the

age of forty-seven years; and
(c) a corporal or a leading rating or lower rank, at

the age of forty-five years.
(3) Notwithstanding that he has attained the age at which
he is required by the provisions of this regulation to retire—
(a) an officer (other than a brigadier or commodore)

or other rank who on the 31st day of December,
1967, had attained the age of thirty-five years
and who on that day was a member of the
Force may, on the recommendation of his
Commanding Officer, be permitted by the
Minister to continue his colour service for such
period not exceeding eight years as the Minister
in his discretion may determine; and any such
service shall be counted as pensionable service
for the purposes of these Regulations;

(b) an officer who is a brigadier or commodore may
be permitted by the President to continue his
colour service for such period not exceeding
five years as the President in his discretion may
determine; provided however that in exceptional
circumstances such officer may be further
permitted by the President to continue his colour
service for a period not exceeding six months at
any one time and not exceeding in the aggregate
two years; and all such colour service shall,
unless it is governed by a contract in writing that
provides otherwise, be counted as pensionable
service for the purposes of the Regulations.

194 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Pensions, Terminal and Other Grants) Regulations

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 195

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Pensions, Terminal and Other Grants) Regulations [Subsidiary]

Contribution to
superannuation
benefits.
[20 of 1997].

Ch. 23:59.

Payments to
officers and
other ranks
leaving the
Force without
qualifying for
pension, etc.

Gratuity payable
to officers and
other ranks after
ten years
service.

On attaining age
of 45 after 20
years service.
[52/2011
292/2014].

4. (1) As a contribution towards the superannuation
benefits to members of the Force, there shall be deducted from
the basic pay of every officer and other rank at the rate of five and
one-half per centum of such pay and every such sum so deducted
shall be paid into the Consolidated Fund.
(1A) As arrears of contribution payable under
paragraph (b) of section 5(2) of the Law Reform (Pensions) Act,
there shall be deduced from the basic pay of an officer or other
rank to which that paragraph applies such amount as the Minister
may approve, calculated on the basis of the actual pay received
for each year in respect of which the arrears of contribution are
payable, and every such sum so deducted shall be paid into the
Consolidated Fund.
(2) Every pension, terminal grant, gratuity or other
allowance granted or paid under these Regulations shall be paid
out of the Consolidated Fund.
5. (1) In the event of any member of the Force leaving the
Force whether by reason of dismissal or otherwise, without being
eligible for a pension, terminal grant or gratuity under these
Regulations, he shall be entitled to the return in full of all
deductions made from his basic pay under paragraph (1) of
regulation 4 with interest thereon at the rate of four per centum.
(2) Any amount returnable in accordance with
paragraph (1) is liable to deduction on the order of the Minister
to meet any public or service claim.
6. An officer or other rank who leaves the Force, whether
by reason of dismissal or otherwise, after he has completed ten
years qualifying service but before he has qualified for a pension
and terminal grant under these Regulations, is eligible for
the grant of a gratuity equivalent to thirty days pensionable
emoluments for each completed year of pensionable service.
7. An officer or other rank who has attained the age of forty-
five years and has completed not less than twenty years qualifying
service may retire from the Force and shall thereupon be paid—
(a) an annual pension at the rate of one/four hundred

and eightieth of the pensionable emoluments of

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Other rank
enlisted before
1st January
1966.
[131/1982].

Pensions to
members of
Force in cases
of disability.
[52/2011
292/2014].

such officer or other rank for each completed
month of pensionable service so that, however, the
maximum pension granted does not exceed three
hundred and twenty/four hundred and eightieth of
such pensionable emoluments or the sum of—

(i) one thousand, one hundred and fifty
dollars per month, with effect from
1st October 2006;

(ii) one thousand, six hundred and fifty
dollars per month, with effect from
1st October 2007;

(iii) one thousand, nine hundred and fifty
dollars per month, with effect from
1st October 2008;

(iv) three thousand dollars per month, with
effect from 1st September 2010; or

(v) three thousand, five hundred dollars per
month, with effect from 1st October 2014,

whichever is the greater; and
(b) a terminal grant equal to three and a half times

the annual pension computed in accordance
with paragraph (a).

7A. An other rank who—
(a) enlisted before 1st January 1966;
(b) attains the age of complusory retirement; and
(c) has not completed 20 years qualifying service,
is entitled to a pension and terminal grant computed in accordance
with the terms set out in paragraphs (a) and (b) of regulation 7.
8. (1) The Minister may order an officer or other rank, who
may be disabled by infirmity of mind or body, to be retired, and
such officer or other rank, if he has completed ten years
qualifying service, shall thereupon be paid an annual pension at
the rate of one/four hundred and eightieth of the pensionable
emoluments of such officer or other rank for each completed
month of pensionable service or the sum of—
(a) one thousand, one hundred and fifty dollars per

month, with effect from 1st October 2006;

196 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Pensions, Terminal and Other Grants) Regulations

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 197

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Pensions, Terminal and Other Grants) Regulations [Subsidiary]

Retirement in
the interest of
the Force, etc.
[52/2011
292/2014].

(b) one thousand, six hundred and fifty dollars per
month, with effect from 1st October 2007;

(c) one thousand, nine hundred and fifty dollars per
month, with effect from 1st October 2008;

(d) three thousand dollars per month, with effect
from 1st September 2010; or

(e) three thousand, five hundred dollars per month,
with effect from 1st October 2014,

whichever is the greater.
(2) An officer or other rank shall not be entitled to the
grant of the pension referred to in paragraph (1) unless the
Minister is satisfied by the certificate of a medical board that such
officer or other rank is from infirmity of mind or body incapable
of performing, or unsuitable to be entrusted with the duties
of his office and that such infirmity or unsuitability is likely
to be permanent.

9. An officer or other rank who before he attains the age of
forty-five years is retired or called upon to retire or resign either
on the grounds of the interest of the Force or because of a
reduction in the size of the Force, and who has had at least twenty
years pensionable service shall be paid—
(a) an annual pension at the rate of one/four hundred

and eightieth of the pensionable emoluments of
such officer or other rank for each completed
month of pensionable service or the sum of—

(i) one thousand, one hundred and fifty
dollars per month, with effect from
1st October 2006;

(ii) one thousand, six hundred and fifty
dollars per month, with effect from
1st October 2007;

(iii) one thousand, nine hundred and fifty
dollars per month, with effect from
1st October 2008;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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(iv) three thousand dollars per month, with
effect from 1st September 2010; or

(v) three thousand, five hundred dollars per
month, with effect from 1st October 2014,

whichever is the greater; and
(b) a terminal grant equal to three and a half times

the annual pension computed in accordance
with paragraph (a).

10. An officer or other rank who has completed twenty years
pensionable service in the Force and who—
(a) voluntarily resigns from the Force; or
(b) is retired or called upon to retire or resign for

misconduct; or
(c) is cashiered or dismissed from the Force, as the

case may be,
before attaining the age of forty-five years, shall be paid—
(i) an annual pension at the rate of one/four

hundred and eightieth of the pensionable
emoluments of such officer or other rank
for each completed month of pensionable
service reduced by ten per centum for
each year or part of a year by which the
age at which he retires falls short of the
age of forty-five years or the sum of—

(A) one thousand, one hundred and fifty
dollars per month, with effect from
1st October 2006;

(B) one thousand, six hundred and fifty
dollars per month, with effect from
1st October 2007;

(C) one thousand, nine hundred and fifty
dollars per month, with effect from
1st October 2008;

(D) three thousand dollars per month, with
effect from 1st September 2010; or

(E) three thousand, five hundred dollars
per month, with effect from 1st
October 2014,

whichever is the greater;

198 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Pensions, Terminal and Other Grants) Regulations

Voluntary
retirement or
dismissal for
misconduct
before the age
of forty-five
years.
[52/2011
292/2014].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 199

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L.R.O.

Defence (Pensions, Terminal and Other Grants) Regulations [Subsidiary]

(ii) a terminal grant equal to three and one-
half times the annual pension computed in
accordance with subparagraph (i).

PART II

BENEFITS TO DEPENDENTS ON DEATH OF OFFICER
OR OTHER RANK

11. (1) Where an officer or other rank dies while in the service
of the Force and at the date of his death has completed ten years
qualifying service, there shall be paid—
(a) if he is survived only by a widow, to that widow,

the terminal grant to which such officer or other
rank would have been entitled had he retired at
the date of his death and a pension while she
remains unmarried, equal to one-half the
pension to which the officer or other rank would
be entitled on such date;

(b) if he is survived by a widow and a child or
children, to that widow, subject always to the
provisions of regulation 14, the pension and
terminal grant calculated in accordance with
paragraph (a) to be administered in accordance
with the provisions of subregulation (1) of
regulation 14;

(c) if he is not survived by a widow, but is survived
by a child or children, to the person appointed
by the Minister under subregulation (2) of
regulation 14, the pension and terminal grant
calculated in accordance with paragraph (a) to
be administered in accordance with the
provisions of subregulation (2) of regulation 14;

(d) if he is not survived by a widow or by a child or
children, to the legal personal representative of such
officer or other rank, a lump sum equal to the total
of the contributions paid by such officer or other
rank during his period of service together with the
interest thereon at the rate of four per centum.

Officer or other
rank dying after
ten or more
years of
service.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Officer or other
rank dying prior
to completion of
ten years
service.

Pension to
widow and
orphans of
officer or other
rank dying after
retirement.

Division of
pension between
widow and
children in the
discretion of the
Minister.

(2) A pension granted to a female child shall cease upon
the marriage of such child under the age of eighteen years.
12. (1) When an officer or other rank dies while in the service
of the Force but before he has completed ten years of qualifying
service in the said Force, there shall be paid to his widow or orphans
or to both such widow and such orphans or, in the appropriate case,
to a legal personal representative, a special gratuity equal to thirty
days pensionable emoluments for each completed year of
pensionable service of such officer or other rank.
(2) The provisions of regulation 11, which relate to the
manner in which a pension and terminal grant shall be
administered, shall apply mutatis mutandis to a special gratuity
payable in accordance with subregulation (1).
13. When an officer or other rank who has married prior to
the date of his retirement from the Force dies after such
retirement, and, before his death, was actually in receipt of or
entitled to receive a pension granted under these Regulations,
there shall be payable to his widow or orphans or to both such
widow and orphans, as the case may require, a pension at the rate
of one-half of the pension received by such officer or other rank
or which such officer or other rank was entitled to receive at the
date of his death and the provisions of regulation 14 shall apply
mutatis mutandis to the administration of such pension.
14. (1) When an officer or other rank dies leaving a widow and
a child or children, there shall be paid to the widow, either in the first
instance or at any time while a pension is payable, the whole of the
pension, or a part only of the pension, and the balance of such
pension may be applied for or towards the maintenance or education
of the children in such manner as the Minister thinks fit; but where
the pension ceases to be payable owing to the remarriage of such
widow, the whole of such pension may be applied towards the
maintenance and education of the child or children, as the case may
be, in such manner as the Minister may from time to time direct.
(2) When any sum becomes payable to any person not
sui juris in law, there shall be paid or applied such sum or any part
thereof for the benefit or towards the maintenance or education of

200 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Pensions, Terminal and Other Grants) Regulations

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 201

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Pensions, Terminal and Other Grants) Regulations [Subsidiary]

Special
allowance for
injuries.

such person, in such manner and at such times as the Minister shall
think fit; and the amount may be paid either direct to such person
or to any other person or persons as the Minister may direct.
(3) If the widow of an officer or other rank while in
receipt of a pension deserts or abandons or does not assist a child
whom she is liable to maintain under these Regulations, the
Minister may cause to be paid to a fit and proper person on behalf
of such child, such portion of the pension as he may think fit.

PART III

SPECIAL ALLOWANCES FOR INJURIES OR DEATH IN
THE DISCHARGE OF DUTIES

15. (1) Subject to subregulation (2), where an officer or
other rank has been permanently disabled—
(a) in the actual discharge of his duty; and
(b) without his own default; and
(c) by some injury specificially attributable to the

nature of his duty,
such officer or other rank may, on his retirement from the Force,
be granted in respect of such injury, in addition to any pension,
terminal grant or gratuity to which he is entitled under these
Regulations, an allowance in proportion to his injury in such
annual amount not exceeding the following:
When his capacity to contribute, to his support is—

slightly impaired, 40/480th of pensionable
emoluments;
impaired, 80/480th of pensionable emoluments;
materially impaired, 120/480th of pensionable
emoluments;
totally destroyed, 180/480th of pensionable
emoluments.

(2) The annual allowance granted under subregulation (1)
together with any pension granted under these Regulations shall
not exceed 400/480th of the pensionable emoluments of such officer
or other rank.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

202 Chap. 14:01 Defence

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Defence (Pensions, Terminal and Other Grants) Regulations

16. (1) Subject to this regulation, where a member of the
Force dies while in the service of the Force as a result of
injuries received—
(a) in the actual discharge of his duty;
(b) without his own default; and
(c) on account of circumstances specifically

attributable to the nature of his duty,
there may be granted to his widow or orphans in addition to any
pension, terminal grant or gratuity to which she or they are entitled
under these Regulations an annual allowance equal to 60/480ths of
such member’s pensionable emoluments on the date of his death.
(2) The annual allowance granted under subregulation (1)
shall not exceed 200/480ths of the pensionable emoluments of the
officer or other rank concerned at the date of his death.

PART IV

GENERAL AND TRANSITIONAL PROVISIONS
17. (1) On the death of an officer or other rank to whom any
sum or sums of money may then be due on account of pay,
pension and terminal grant or gratuity, the Minister of Finance,
on his being satisfied of the expediency in such case of
dispensing with the production of probate or letters of
administration, cause such sum or sums to be paid to such person
or persons as he may consider entitled thereto, without requiring
the production of probate or letters of administration.
(2) Any payment made in pursuance of subregulation (1)
shall be valid against all persons whatsoever, and all persons
acting under the provisions thereof shall be absolutely discharged
from all liability in receipt of all moneys duly paid by them under
subregulation (1).

18. An officer or other rank who has been transferred from
the Public Service, the Fire Service or the Police Service to the
service of the Defence Force shall, on retirement from the

Pension to
widow and
orphans of
members of
Force who
die in
execution of
their duty.

Power to
dispense with
probate.

Officers and
other ranks
transferred from
Public Service
and Police
Service.
[173/1969].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Defence Chap. 14:01 203

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Defence (Pensions, Terminal and Other Grants) Regulations [Subsidiary]

Defence Force, be entitled to the payment of the greatest of the
following benefits:
(a) a pension and terminal grant or a gratuity, as the

case requires, calculated as if all his pensionable
service in the Public Service, the Fire Service or
the Police Service were qualifying service as
well as pensionable service under these
Regulations;

(b) a pension and gratuity calculated as if all his
pensionable service as well as his pensionable
service in the Public Service, the Fire Service or
the Police Service were pensionable service
under the Pensions Act or the Police Service
Act, as the case may be;

(c) the aggregate of the superannuation benefits
accruing to him at the date of his transfer to the
Defence Force and the pension and terminal
grant or the gratuity calculated on the period of
service qualifying for pension and terminal
grant or gratuity under these Regulations.

Ch. 23:52.
Ch. 15:01.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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