Indictable Off
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–47 ..
Act
12 of 1917
Amended by
LAWS OF TRINIDAD AND TOBAGO
CHAPTER 12:01
INDICTABLE OFFENCES
(PRELIMINARY ENQUIRY) ACT
*See Note on page 2
48 of 1920
5 of 1923
21 of 1936
14 of 1939
25 of 1948
1 of 1955
10 of 1961
11 of 1961
29 of 1977
45 of 1979
*27 of 1986
*8 of 1990
*18 of 1994
20 of 1994
6 of 1996
28 of 1996
19 of 1998
32 of 1998
23 of 2005
4 of 2011
11 of 2014
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note on Act No. 27 of 1986
[Sexual Offences Act (Ch. 11:28)]
See section 33 of Act No. 27 of 1986 with respect to committal proceedings under this Act.
Note on Acts Nos. 8 of 1990 and 18 of 1994
Section 4 of the Indictable Offences (Preliminary Enquiry) (Amendment) Act, 1990, (Act No. 8
of 1990) repealed section 28 of the Act and renumbered sections 29 to 42 as sections 28 to 41.
The Third Schedule to the Bail Act, 1994 (Act No. 18 of 1994) amended, inter alia, sections 28,
30(1), 31(1), 33, 34, 37 and 38 of the Act. The amendment to section 28 by Act No.18 of 1994
was a correct reference to that section which was formerly section 29 before it was renumbered
by Act No. 8 of 1990.
However, reference to the amendments to sections 30(1), 31(1), 33, 34, 37 and 38 by Act
No. 18 of 1994 were incorrect references to those sections since they were renumbered by
Act No. 8 of 1990, and, the correct references to those sections referred to in Act No. 18 of 1994
ought to have been the renumbered sections 29(1), 30(1), 32, 33, 34, 36, and 37.
The incorrect references to the section numbers which were intended to be amended by Act
No. 18 of 1994 were in fact due to the fact that Act No. 8 of 1990 was not taken into
consideration or were due to typographical, clerical or printing errors.
In the revision of the Act, the Commission exercised its powers under section 2 of the Law
Revision Act (Ch. 3:03) to rectify the incorrect references.
Note on section 23H
See section 23H for the sections of this Act which shall not apply to preliminary enquiries
before 15th September 2005.
2 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
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CHAPTER 12:01
INDICTABLE OFFENCES
(PRELIMINARY ENQUIRY) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
Jurisdiction of Justices.
3. Compelling appearance of accused person.
4. Magistrate may enquire into suspected offence.
SEARCH WARRANT
5. Power to issue search warrant.
Detention of articles seized.
Destruction of forged bank notes, etc.
Disposal of counterfeit coin, etc.
Search for and disposal of gunpowder, etc.
COMPLAINT
6. Reception of complaint.
SUMMONS TO ACCUSED PERSON
7. Issue, contents, and service of summons.
WARRANT FOR APPREHENSION OF ACCUSED PERSON
8. Issue of warrant of apprehension in first instance.
9. Warrant endorsed for bail.
PROCEEDINGS ON APPEARANCE OF ACCUSED PERSON
10. Disposal of person apprehended upon warrant.
Accused may have assistance of legal adviser.
IRREGULARITIES
11. Irregularity in summons, warrant, service or arrest.
WITNESSES
12. Application of law with respect to summoning, etc., of witnesses.
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LOCAL EXAMINATION AND MEDICAL INSPECTION
13. Making of local inspection and examination of injured person.
PROCEEDINGS AT PRELIMINARY ENQUIRY
14. Adjournment.
15. Custody of accused during adjournment.
16. Taking of evidence for prosecution.
16A. Notice of alibi.
16B. Evidence of alibi at trial.
Rules of Court.
16C. Admissibility of written statements.
16D. Procedure.
17. Accused to give evidence upon oath and record of accused person’s
response.
17A. Accused and his witness may tender written statement.
18. Taking of evidence for defence.
19. Marking of exhibits.
20. Deposition of witness unable to attend.
21. Binding over to give evidence.
Binding over of witnesses conditionally.
22. Magistrate may consult Director of Public Prosecution.
DISCHARGE, COMMITTAL FOR TRIAL
23. Discharge or committal for trial of accused.
23A. Committal without consideration of the written statements.
23B. Committal based on the written statements.
23C. Depositions.
23D. Cross-examination.
23E. False written statements tendered in evidence.
23F. Non-application of certain written provisions.
23G. Appeals.
23H. Transitional provision.
24. Copies of depositions for accused person.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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DISCHARGE, COMMITTAL ON WRITTEN STATEMENT
24A. Order of commitment and bail.
24B. Sections 25 and 27 to apply.
24C. Further evidence.
PROCEEDINGS SUBSEQUENT TO COMMITTAL
25. Transmission and custody of documents and exhibits relating to
a case.
26. Where deposition lost or destroyed.
26A. Use of certified copy of depositions.
27. D.P.P. may refer back case for further evidence.
D.P.P. may refer back case to be dealt with summarily.
COMMITTAL FOR SENTENCE
27A. Accused admitting guilt at preliminary enquiry to be committed for
sentence.
27B. Accused admitting guilt at preliminary enquiry to be further
cautioned and may be committed for sentence.
27C. Answer of accused consenting to be committed for sentence to be
recorded.
Committal for sentence.
Admissibility of statement of accused in evidence.
Transmission of proceedings and filing of indictment.
BAIL
28. Right of accused to bail.
29. Committal of accused pending preliminary enquiry.
30. Bail on committal for trial.
31. Conveying accused to prison after committal.
32. Bailing of accused after committal.
33. Court or Judge may bail accused.
34. Apprehension of accused person on bail but about to abscond.
35. Amount of bail.
36. Bail of married woman or infant.
37. Power to revoke or require higher bail.
PLACE OF COMMITMENT
38. Place of commitment.
SECTION
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EVIDENCE
39. Reading of depositions at trial.
40. Report of Chief Chemist.
PUBLICATION OF PROCEEDINGS
41. Restriction on publication of report of preliminary enquiry.
Penalties.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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CHAPTER 12:01
INDICTABLE OFFENCES
(PRELIMINARY ENQUIRY) ACT
An Act relating to Preliminary Enquiries into Indictable
Offences by Magistrates.
[29TH MAY 1917]
1. This Act may be cited as the Indictable Offences
(Preliminary Enquiry) Act.
2. (1) In this Act “Court” means the High Court or a Judge
of the Court.
(2) For the purposes of this Act, Justices shall have and
exercise concurrent jurisdiction with the Magistrates to issue
summonses, warrants, and other process of Court, to grant bail
and to fix the amount, to take recognisances, and to bind over
parties and witnesses, and to administer oaths.
3. Any Magistrate may issue a summons or warrant under
this Act to compel the appearance before him, for the preliminary
examination, of any person accused of having committed in any
place, whether within or outside of Trinidad and Tobago any
indictable offence triable, according to the law for the time being
in force, in Trinidad and Tobago.
4. (1) Where a Magistrate believes that—
(a) an indictable offence has been committed within
the limits of his jurisdiction; or
(b) there is reasonable ground for enquiring
whether an indictable offence has been
committed; or
(c) in either of the cases mentioned in paragraphs (a)
and (b) there is reasonable ground for enquiring by
whom the indictable offence has been committed,
he may, whether any person is charged or not—
(i) summon to appear before him any person
whom he believes is capable of giving
material evidence concerning the offence;
1950 Ed.
Ch. 4. No. 1.
12 of 1917.
Commencement.
Short title.
Interpretation.
Jurisdiction of
Justices.
Compelling
appearance of
accused person.
Magistrate may
enquire into
suspected
offence.
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Power to issue
search warrant.
(ii) examine that person upon oath
concerning the offence; and
(iii) if he thinks fit, bind that person by
recognisance to attend and give evidence
within the next twelve months if called
upon by any Magistrate or by the Court,
unless that person can show some
reasonable excuse to the contrary.
(2) Where a person so summoned neglects to attend, or
refuses without lawful excuse to take the oath, or, having taken
the oath, to answer any question concerning the offence which
may then be put to him, or to enter into the recognisance
mentioned in subsection (1), he may be dealt with in the same
manner as a witness may be dealt with who neglects or refuses to
attend or give evidence, or who refuses to be bound by
recognisance to give evidence, after having been served with a
summons for that purpose.
SEARCH WARRANT
5. (1) Any Magistrate who is satisfied by proof on oath
that there is reasonable ground for believing that there is in any
building, ship, vessel, carriage, box, receptacle, or place—
(a) anything upon or in respect of which any
indictable offence has been or is suspected to
have been committed; or
(b) anything which there is reasonable ground for
believing will afford evidence as to the
commission of any such offence; or
(c) anything which there is reasonable ground for
believing is intended to be used for the purpose
of committing any indictable offence against
the person,
may at any time issue a warrant under his hand authorising any
constable to search such building, ship, vessel, carriage, box,
receptacle, or place for any such thing, and to seize and carry it
before the Magistrate issuing the warrant or some other
Magistrate, to be dealt with by him according to law.
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Detention of
articles seized.
Destruction of
forged bank
notes, etc.
Disposal of
counterfeit
coin, etc.
Search for and
disposal of
gunpowder, etc.
(2) Every such warrant may be issued and executed at
any time, and may be issued and executed on a Sunday.
(3) When any such thing is seized and brought before
any Magistrate, he may detain it or cause it to be detained, taking
reasonable care that it is preserved until the conclusion of the
enquiry; and if any person is committed for trial, he may order it
further to be detained for the purpose of evidence on the trial.
(4) Except in the cases mentioned in this Act, where a
person is not committed for trial, the Magistrate shall direct the
thing seized to be restored to the person from whom it was taken
unless he is authorised or required by law to dispose of
it otherwise.
(5) Where under any such warrant, there is brought
before any Magistrate any forged bank note, bank note paper,
instrument, or other thing, the possession of which, in the
absence of lawful excuse, is an indictable offence according to
any written law for the time being in force, the Court, if such
person is committed for trial, or, if there is no commitment for
trial, the Magistrate, may cause such thing to be defaced
or destroyed.
(6) Where, under any such warrant, there is brought
before any Magistrate any counterfeit coin or other thing, the
possession of which, with knowledge of its nature and without
lawful excuse, is an indictable offence according to any Act for
the time being in force, every such thing shall be delivered up to
the Commissioner of Police or to any person authorised by him
to receive the same, as soon as it has been produced in evidence
or as soon as it appears that it will not be required to be produced.
(7) If the thing to be searched for is gunpowder or any
other explosive or dangerous or noxious substance or thing, the
person making the search shall have the same powers and
protection as are given by any Act for the time being in force to
any person lawfully authorised to search for any such thing, and
the thing itself shall be disposed of in the manner directed by the
Act, or, in default of such direction, as the Commissioner of
Police may order.
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Reception of
complaint.
[45 of 1979].
Issue, contents,
and service of
summons.
Issue of
warrant of
apprehension
in first instance.
COMPLAINT
6. Where a complaint is made to a Magistrate or Justice of
the Peace that an indictable offence has been committed by any
person whose appearance he has power to compel, the Magistrate
or Justice of the Peace shall consider the allegations of the
complainant, and if he is of opinion that a case for so doing is
made out, he shall issue a summons or warrant in accordance
with this Act and the Magistrate or Justice of the Peace shall not
refuse to issue such summons or warrant on the ground only that
the alleged offence is one for which an offender may be arrested
without warrant.
SUMMONS TO ACCUSED PERSON
7. (1) A Magistrate may issue a summons although there is
no complaint in writing or upon oath.
(2) The summons shall be directed to the accused person
and shall require him to appear at a certain time and place to be
mentioned in the summons.
(3) No such summons shall be signed in blank.
(4) Every such summons shall be served by a constable
upon the accused person, either by delivering it to him personally
or if he cannot be found, by leaving it with some person for him
at his last or most usual place of abode.
(5) The constable who served the summons shall attend at
the time and place mentioned in the summons for the appearance
of the accused person, in order, if necessary, to prove the service;
but the Magistrate before whom the accused person ought to
appear may in his discretion receive proof of the service by
affidavit and such affidavit may be made before any Magistrate.
WARRANT FOR APPREHENSION OF ACCUSED PERSON
8. (1) Where there is a complaint in writing and upon oath,
a Magistrate may, if he is of opinion that a case for so doing is
made out, issue a warrant for the apprehension of the accused
person. The warrant may be issued and executed at any time and
may be issued and executed on a Sunday.
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Warrant
endorsed for
bail.
[18 of 1994].
Ch. 4:60.
Disposal of
person
apprehended
upon warrant.
[18 of 1994].
(2) The fact that a summons has been issued shall not
prevent any Magistrate from issuing the warrant at any time
before or after the time mentioned in the summons for the
appearance of the accused person; and where the service of the
summons for the appearance of the accused person is proved and
the accused person does not appear, or where it appears that the
summons cannot be served, the warrant may issue.
(3) The Magistrate who would have heard the charge if
the person summoned had appeared may issue the warrant, either
on complaint in writing and upon oath taken before himself, or on
complaint in writing and upon oath taken before another
Magistrate, either before or after the summons was issued.
9. (1) A Magistrate issuing a warrant under this Act for the
arrest of any person in respect of any offence other than those
persons referred to in section 5(1) of the Bail Act, may grant him
bail endorsing the warrant with a direction in accordance with
subsection (2).
(2) A direction for bail endorsed on a warrant under
subsection (1) shall—
(a) state that the person arrested is to be released on
bail subject to a duty to appear before such
Court and at such time as may be specified in
the endorsement; and
(b) fix the amount in which any surety is to be bound.
(3) Where a warrant has been endorsed for bail under
subsection (1), then on the person referred to in the warrant being
taken to a police station on arrest under the warrant, the officer in
charge of the police station shall, subject to his approving any
surety rendered in compliance with the endorsement, release him
from custody as directed in the endorsement.
PROCEEDINGS ON APPEARANCE OF ACCUSED PERSON
10. (1) When any person is apprehended upon a warrant, he
shall be brought before a Magistrate as soon as practicable after
he is arrested, and the Magistrate shall either proceed with the
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Accused may
have assistance
of legal adviser.
Irregularity in
summons,
warrant,
service, or
arrest.
[18 of 1994].
preliminary enquiry or postpone the enquiry to a future time, in
which latter case he may grant him bail or commit him to prison
according to the provisions hereinafter contained.
(2) Every accused person is entitled as of right to the
presence and assistance of his legal adviser, and while under
remand shall be allowed the access of his legal adviser at all
reasonable times.
IRREGULARITIES
11. (1) No irregularity or defect in the substance or form of
the complaint, summons, or warrant, and no variance between the
charge contained in the summons or warrant and the charge
contained in the complaint, or between any of them and the
evidence adduced on the part of the prosecution at the
preliminary enquiry, shall affect the validity of any proceeding at
or subsequent to the hearing.
(2) Where any accused person is before a Magistrate,
whether voluntarily or upon summons, or after being
apprehended with or without warrant, or while in custody for the
same or any other offence, the preliminary enquiry may be held
notwithstanding—
(a) any irregularity, illegality, defect or error in the
summons or warrant, or the issuing, service or
execution of the same;
(b) the want of any complaint upon oath; or
(c) any defect in the complaint, or any irregularity
or illegality in the arrest or custody of the
accused person.
(3) The Magistrate may, if he thinks that the ends of
justice require it, adjourn the hearing of the case, at the request of
the accused person, to some future day and in the meantime grant
him bail or commit him to custody according to the provisions
hereinafter contained.
(4) Where the hearing is adjourned under subsection (3),
the accused person shall not be committed to prison unless, before
his committal, a complaint in writing and upon oath is taken.
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Application of
law with
respect to
summoning,
etc, of
witnesses.
Making of local
inspection and
examination of
injured person.
Adjournment.
[4 of 2011].
WITNESSES
12. Subject to this Act, the law for the time being in force with
respect to witnesses on the hearing of a complaint for an offence
punishable on summary conviction in a Magistrate’s Court shall,
mutatis mutandis, apply to witnesses on the holding of a
preliminary enquiry before a Magistrate with respect to an
indictable offence, and any such witness who, without reasonable
excuse, refuses to sign his deposition or to enter into a recognisance
may be dealt with in accordance with the provisions of this Act.
LOCAL EXAMINATION AND MEDICAL INSPECTION
13. (1) The Magistrate holding a preliminary enquiry shall
make or cause to be made such local inspection as the
circumstances of the case may require; and, in a case of homicide
or serious injury to the person, the Magistrate shall cause the
body of the person killed or injured to be examined by a duly
qualified medical practitioner, if any such can be had, and if not,
then by the most competent person that can be obtained, and the
deposition of the medical practitioner or other person shall then
be taken from him if necessary.
(2) Every medical practitioner or other person as above
who refuses or neglects, without reasonable excuse, to comply
with any order or direction of a Magistrate given under this section
is liable on summary conviction to a fine of four hundred dollars.
PROCEEDINGS AT PRELIMINARY ENQUIRY
14. (1) A Magistrate may from time to time adjourn a
preliminary enquiry if he considers it expedient to do so.
(2) Such an adjournment shall be made to a certain time
and place.
(3) Unless the person remanded and the prosecutor
consent, an adjournment shall not be for longer than twenty-eight
clear days, but where no Court is to be held within the twenty-eight
days then the adjournment may be fixed for the next day on which
the Magistrate holds a Court at the place where the order is made.
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Custody of
accused during
adjournment.
[18 of 1994].
Taking of
evidence for
prosecution.
[23 of 2005
11 of 2014].
(4) Where a Magistrate is satisfied that an accused
person who has been remanded is, by reason of illness or
accident, unable to appear personally before the Court at the
adjournment pursuant to subsections (2) and (3), the Magistrate
may, in the absence of the accused person, order him to be further
remanded for such time as may be considered reasonable.
15. During such adjournment the Magistrate may grant bail
to the accused person or commit him to custody according to the
provisions hereinafter contained.
16. (1) When an accused person is before a Magistrate
holding a preliminary enquiry, the Magistrate shall take or cause
to be taken down in writing, or have recorded, the evidence of the
witnesses on the part of the prosecution apart from each other.
(2) If the Magistrate thinks it is necessary or conducive
to the ends of justice that any of the witnesses shall be permitted
or required to be present during the whole or any part of the
examination of any of the other witnesses, the Magistrate shall
take or cause to be taken down in writing, or have recorded, the
evidence of the witnesses in their presence accordingly.
(3) If the evidence is being taken down in writing, the
following shall apply:
(a) the evidence of each such witness shall be taken
down in the form of a deposition;
(b) such deposition shall be read over to the witness
and shall be signed by the witness and the
Magistrate; or if the witness refuses to sign or is
incapable of signing, then the deposition shall
be signed by the Magistrate, and the accused
person, the witness and the Magistrate shall be
present together at the time of such reading and
signing;
(c) any witness who refuses, without reasonable
excuse, to sign his deposition may be committed
to prison by warrant by the Magistrate holding
the enquiry, there to be kept until after the trial
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Ch. 4:31.
Notice of alibi.
[28 of 1996].
or until the witness signs his deposition before a
Magistrate, but if the accused is afterwards
discharged, any Magistrate may order any such
witness to be discharged; and
(d) the signature of the Magistrate shall be at the
end of the deposition of each witness, in such a
form as to show that it is meant to authenticate
the deposition.
(4) If the evidence is recorded by electronic audio
recording, video recording or Computer Aided Transcription
(CAT), a transcript of the recorded evidence shall be prepared
and verified by the certificate of those responsible for the
accuracy of the recording of the proceedings and of the
transcript in accordance with the Recording of Court
Proceedings Act.
(5) The evidence of each such witness shall be given in
the presence of the accused person, or, if taken in his absence, the
authenticated deposition or verified transcript shall be read over
to the accused in the presence of the witness, and the accused
person is entitled to cross-examine him.
(6) Section 39(1) shall apply to any evidence contained in
a certified transcript of a recorded electronic audio recording, video
recording or Computer Aided Transcription under section 16(3),
of the evidence given in a preliminary enquiry as it applies to a
deposition taken in such proceedings, but in its application to any
such deposition that subsection shall have effect as if
paragraphs (b) and (c) thereof were omitted.
16A. (1) Where the examination of the witnesses called on
behalf of the prosecution has been completed but before
compliance with section 17(2), the Magistrate shall address the
accused person in the following words or words to the like effect:
“I must warn you that if this Court should commit you
for trial you may not be permitted at that trial to give
evidence of an alibi or to call witnesses in support of an alibi
unless you have earlier given particulars of the alibi and of
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the witnesses in support thereof. You may give those
particulars now to this Court or in writing to the Director of
Public Prosecutions not later than ten days from the end of
these committal proceedings.”
(2) If it appears to the Magistrate that the accused
person does not understand the meaning of the term “alibi”, the
Magistrate shall explain it to him.
(3) The Magistrate shall not be required to give this
warning in any case where it appears to him that, having regard
to the nature of the offence with which the accused is charged, it
is unnecessary to do so.
(4) Where the Magistrate has given the accused the
warning required by subsection (1) the Clerk of the Peace shall
give to him written notice of the provisions of section 16B.
16B. (1) On trial on indictment, the accused person shall not,
without leave of the Court, adduce evidence in support of an
alibi, unless he has given notice of the particulars as provided in
section 16A.
(2) In this section, “evidence in support of an alibi”
means evidence tending to show that by reason of the presence
of the defendant at a particular place or at a particular time he
was not, or was unlikely to have been, at the place where the
offence is alleged to have been committed at the time of its
alleged commission.
(3) Without prejudice to subsection (1), on any such trial
the defendant shall not, without the leave of the Court call any
other person to give such evidence unless—
(a) the notice under that subsection includes the
name and address of the witness or, if the name
or address is not known to the defendant at the
time at which he gives the notice, any
information in his possession which might be of
material assistance in finding the witness;
Evidence of
alibi at trial.
[28 of 1996].
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(b) the name or the address is not included in that
notice and the Court is satisfied that the
defendant, before giving notice, took and
thereafter continued to take all reasonable
steps to ensure that the name or address would
be ascertained;
(c) the name or the address is not included in that
notice, but the defendant subsequently discovers
the name or address or receives other
information which might be of material
assistance in finding the witness and he
forthwith gives notice of the name, address or
other information, as the case may be;
(d) the defendant is notified by the Director of
Public Prosecutions that the witness has not
been traced by the name or at the address given
and he forthwith gives notice of any such
information which is then in his possession or,
on subsequently receiving any such
information, he forthwith gives notice of it.
(4) The Court shall not refuse leave under this section if
it appears to the Court that the defendant was not informed in
accordance with section 16A, of the requirements of that section.
(5) Any evidence tendered to disprove an alibi may,
subject to the discretion of the Court as to the time at which it is
to be given, be tendered before or after such evidence in support
of the alibi.
(6) The Rules Committee established by the Supreme
Court of Judicature Act, may, subject to negative resolution of
Parliament, make Rules for the purposes of sections 16A and 16B.
16C. (1) Notwithstanding sections 16 and 18, in a preliminary
enquiry a written statement by a witness shall, if the conditions
mentioned in subsection (3) are satisfied, be admissible as evidence
to the like extent as oral evidence to the like effect by that witness.
Rules of Court.
Ch. 4:01.
Admissibility of
written
statements.
[23 of 2005].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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18 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
LAWS OF TRINIDAD AND TOBAGO
(2) Where a child is a witness in a preliminary enquiry,
the Magistrate shall first comply with section 19 of the Children
Act and then this section shall be applied to any written statement
made by such a witness.
(3) The conditions referred to in subsection (1) are that—
(a) the statement purports to be signed by the
witness who made it;
(b) the statement was sworn before a Justice of the
Peace and shall be authenticated by a certificate
signed by him;
(c) the statement contains a declaration by the
witness who made the statement to the effect
that it is true to the best of his knowledge and
belief and that he made the statement knowing
that, if it were tendered in evidence, he would be
liable to prosecution if he wilfully stated in it
anything which he knew to be false or did not
believe to be true;
(d) before the statement is tendered in evidence a
copy of the statement is given, by or on behalf
of the party proposing to tender it, to each of the
other parties to the proceedings; and
(e) none of the other parties, before the statement is
tendered in evidence, at the preliminary enquiry,
objects to the statement being so tendered under
this section.
(4) The following provisions shall also have effect in
relation to any written statement admitted in evidence under this
section, that is to say:
(a) if the statement is made by a witness under
eighteen years of age, it shall state his age and
that an adult of his choice was present with him
when it was made;
(b) if the statement is made on behalf of a witness it
shall be signed by both the witness and the
person who made it and dated;
Ch. 46:01.
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L.R.O.
(c) if the statement is made on behalf of a witness
who cannot read, the person who made it shall
read it to him before he signs it and it shall be
accompanied by a declaration by the person who
made it that it was so read to the witness and he
appeared to understand it and he agreed to it;
(d) if the statement is made on behalf of a witness
who cannot write, the person who made the
statement shall read it to the witness before he
puts his mark or thumbprint on it and it shall
contain a declaration by the person who made it
that it was read to the witness and he appeared
to understand it and he agreed to it; and
(e) if the statement refers to any other document as
an exhibit, the copy of the statement given to any
other party to the enquiry under subsection (3)(d)
shall be accompanied by a copy of that document
or by such information as may be necessary in
order to enable the party to whom it is given to
inspect that document or a copy of it.
(5) Where any party objects to the admissibility of a
written statement under subsection (3)(e), the Magistrate shall
make a ruling on the objection and where he overrules the
objection, the statement shall be admitted in evidence in
accordance with subsection (1).
(6) So much of any statement as is admitted in evidence
by virtue of this section shall, unless the Magistrate commits the
accused for trial by virtue of section 23A(1) or the Magistrate
otherwise directs, be read aloud at the hearing, and where the
Magistrate so directs, an account shall be given orally of so much
of any statement as is not read aloud.
(7) A document or an object referred to as an exhibit and
identified in a written statement tendered in evidence under this
section shall be treated as if it had been produced as an exhibit
and identified in Court by the maker of the statement.
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20 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
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(8) Section 39(1) shall apply to any written statement
tendered in evidence in a preliminary enquiry under this section
as it applies to a deposition taken in such proceedings, but in its
application to any such statement that subsection shall have effect
as if paragraphs (b) and (c) thereof were omitted.
(9) Where the written statements to be tendered in
evidence are given by the prosecution and accepted by the
accused and his Attorney-at-law, the accused is not entitled
thereafter to object to a preliminary enquiry in accordance with
section 23A or 23B and the Magistrate shall proceed to conduct
the enquiry in accordance with section 23A or 23B.
(10) Where the accused and his Attorney-at-law accepts
the written statements given by the prosecution, the accused and
his Attorney-at-law shall sign Part A and Part B respectively, of
the form set out in the Third Schedule.
16D. (1) A written statement shall be filed with the Clerk of
the Peace of the Magistrates’ Court by either party and a filed
copy shall be served on the other party to the enquiry as soon as
practicable thereafter.
(2) A written statement filed under subsection (1) by
either party to the enquiry shall be tendered by such party
and may be admitted into evidence by the Magistrate under
section 16C(1), and where a statement is so admitted it shall be
marked by the Magistrate as a Court exhibit and kept together
with all the other written statements and any other depositions.
(3) Where a statement is to be admitted in evidence
under section 16C(1), and the Magistrate is of the opinion that a
part of it is inadmissible there shall be written against that part the
words “treated as inadmissible” together with the signature of
the Magistrate.
(4) Where it is not possible to write on the statement, the
words set out in subsection (3) shall instead be written on a label
or other mark of identification which clearly identifies the part of
the statement to which the words relate and contains the signature
of the Magistrate in accordance with that subsection and which
shall be attached to the statement.
Third
Schedule.
Part A.
Part B.
Procedure.
[23 of 2005].
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L.R.O.
(5) Where a written statement, admitted in evidence
under section 16C(1), refers to any document or object as an
exhibit, that document or object shall wherever possible be
identified by means of a label or other mark of identification
signed by the maker of the statement and before the Magistrate
treats any document or object referred to as an exhibit in such a
statement as an exhibit produced and identified in Court by the
maker of the statement, the Magistrate shall be satisfied that the
document or object is sufficiently described in the statement for
it to be identified.
(6) Where, during the conduct of a preliminary enquiry,
a written statement is admitted in accordance with
section 16C(1), the name of the maker of the statement shall be
read aloud unless the Magistrate otherwise directs.
(7) Where during the conduct of a preliminary enquiry
before a Magistrate under section 16C(6), any part of a written
statement has to be read out aloud or an account has to be given
orally of so much of a written statement as is not read out aloud,
the statement shall be read or the account given by or on behalf
of the party who has tendered the evidence.
(8) The written statements admitted into evidence by the
Magistrate under section 16C(1), are deemed to be the evidence
in chief of each witness for the purpose of section 23A or 23B.
(9) Notwithstanding this section, an accused person is
entitled to submit to the Magistrate that any part of a statement is
inadmissible in evidence.
17. (1) After the examination of the witnesses called on
behalf of the prosecution has been completed, the Magistrate
shall, unless he discharges the accused person, inform him that he
is entitled to give evidence upon oath or to remain silent or shall
address him in the following words, or words to the like effect:
“Having heard the evidence, do you wish to say
anything in answer to the charge? Do you wish to
give evidence? You are not obliged to say anything,
Accused to give
evidence upon
oath and record
of accused
person’s
response.
[23 of 2005].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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22 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
LAWS OF TRINIDAD AND TOBAGO
but if you do, you must do so under oath and you
will be subject to cross-examination. Your statement
will be taken down in writing or recorded, and may
be given in evidence at your trial notwithstanding
any promise or threat made to you to induce you to
make any admission or confession of your guilt.”
(2) Whatever the accused person then answers thereto,
whether on oath or not, shall be taken down in writing or
recorded in the same manner as described in section 16 and—
(a) if taken down in writing, the statement of the
accused shall be kept with the authenticated
depositions of the witnesses and any verified
transcripts of their recorded evidence; or
(b) if recorded, the Magistrate shall cause a copy of
the recording and the verified transcript to be
kept with the authenticated depositions of the
witnesses and any authenticated transcripts of
their recorded evidence,
as stated in subsections (3) and (4).
(3) Where pursuant to subsection (1), a Magistrate
informs an accused person of his entitlement and the accused
person—
(a) chooses to remain silent; or
(b) replies that he reserves his defence or uses
words to that effect,
the Magistrate shall take or cause to be taken down in writing, or
have recorded, the latter’s response or the fact of his silence, as
the case may be, and the statement shall be read to and signed by
the accused person, if he will, and the Magistrate, and such
statement or transcript of the recording shall be kept with
the depositions.
(4) Where the accused person refuses to sign the
statement referred to in subsection (3), the Magistrate shall
record, in writing, the refusal, and such record shall be kept with
the depositions.
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UPDATED TO DECEMBER 31ST 2014
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L.R.O.
(5) At the trial, the statement of the accused, whether
taken down or recorded, whether on oath or not, and whether
signed by him or not, may be admitted into evidence without
further proof thereof.
(6) Where the statement purports to bear the signatures
of the Magistrate and the accused person, the statement shall be
admitted into evidence unless it is proved that neither the accused
person nor the Magistrate signed it.
(7) Notwithstanding anything in this section or in
section 18, the Magistrate may, if he thinks fit and although the
case for the prosecution has been closed, take the evidence of
further witnesses for the prosecution or recall any witness for
further examination.
17A. (1) Without prejudice to section 17, the Magistrate,
acting under section 23A or 23B, shall also inform the accused
person that he is entitled to tender a written statement into
evidence and to call any witness who is entitled to tender a
written statement into evidence.
(2) Where the accused person or any of his witness
decides to tender a written statement, he shall give a copy of it to
the prosecution, and the original to the Magistrate who shall mark
it as a Court exhibit and it shall be kept together with the other
written statements and any depositions.
(3) The written statement of the accused person and his
witness if any may be admitted in evidence at the trial without
further proof thereof unless it is proved that the accused or the
witness, where such statement purports to have been signed by
the accused or the witness, did not in fact sign it.
18. (1) After the proceedings required by section 17 are
completed, the Magistrate shall ask the accused person if he
wishes to call any witnesses. Every witness called by the accused
person who testifies to any fact relevant to the case shall be
heard, and his evidence shall be taken in the same manner as the
evidence of a witness for the prosecution.
Accused and
his witness may
tender written
statement.
[23 of 2005].
Taking of
evidence for
defence.
[23 of 2005].
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24 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
LAWS OF TRINIDAD AND TOBAGO
(2) After the Magistrate has enquired of the accused
person whether he wishes to call any witnesses, the
Magistrate shall take or cause to be taken down in writing or
have recorded—
(a) the request; and
(b) the response, if any, of the accused person to the
request,
and the statement shall be read to and signed by the accused
person, if he will, and the Magistrate, and such statement or
transcript of the recording shall be kept with the depositions.
(3) Where the accused person refuses to sign the
statement referred to in subsection (2), the Magistrate shall
record, in writing, the refusal and such record shall be kept with
the depositions.
19. The Magistrate shall cause all writings and other articles
exhibited by the witnesses, or any of them, to be inventoried and
labelled, or otherwise marked, in the presence of the person
producing them, so that they may be identified at the trial.
20. (1) Where any person capable of giving material
evidence in respect of an indictable offence is, from illness,
unable to attend at the place where the Magistrate usually sits, a
Magistrate shall have power to take the deposition of the person
at the place where the person is.
(2) The Magistrate taking the deposition may, by an
order in writing under his hand, direct the Keeper of the prison
having the custody of an accused person to cause him to be
conveyed to the place where the examination is to be taken, for
the purpose of being present when it is taken, and to be taken
back to prison afterwards.
(3) Section 16 shall, so far as the same is applicable,
apply to depositions taken under this section.
(4) Every deposition taken under this section shall be
forwarded to the Magistrate by whom the preliminary enquiry
into the indictable offence is being, or has been, held, if the
Marking of
exhibits.
Deposition of
witness unable
to attend.
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L.R.O.
deposition was taken by some other Magistrate, and the
deposition shall, subject to section 40(2) be treated in all respects
in the same way, and shall be considered for all purposes as a
deposition taken upon the preliminary enquiry.
21. (1) The Magistrate holding the preliminary enquiry shall
bind over every witness for the prosecution whose deposition has
been taken, and every witness for the defence not being merely a
witness to the character of the accused whose evidence is, in his
opinion, material, to give evidence at the trial of the accused
person before the Court.
(2) Every recognisance so entered into shall specify the
name and surname of the person entering into it, his occupation
or profession, if any, the place of his residence, and the name and
number, if any, of any street in which it may be.
(3) Such recognisance may be either at the foot of the
deposition or separate from it, and shall be acknowledged by the
person entering into it, and be subscribed by the Magistrate
before whom it is acknowledged.
(4) Any witness who refuses, without reasonable
excuse, to enter into such recognisance may be committed to
prison by warrant by the Magistrate holding the enquiry, there to
be kept until after the trial, or until the witness enters into such
recognisance before a Magistrate; but if the accused person is
afterwards discharged, any Magistrate may order any such
witness to be discharged.
(5) Where a person charged before a Magistrate with an
indictable offence is committed for trial and it appears to the
Magistrate, after taking into account anything which may be said
by the accused or the prosecutor, that the attendance at the trial of
a witness who has been examined before him is unnecessary
because of—
(a) anything contained in any statement by the
accused; or
Binding over to
give evidence.
Binding over of
witnesses
conditionally.
[172/1961
8/1962
136/1976].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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26 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
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(b) the accused having pleaded guilty to the charge; or
(c) the evidence of the witness being merely of a
formal nature,
then the Magistrate shall—
(i) if the witness has not already been bound
over, bind him over to attend the trial
conditionally upon notice being given to
him and not otherwise; or
(ii) if the witness has already been bound
over, direct that he shall be treated as
having been bound over to attend only
conditionally,
and transmit with the depositions a statement in writing of the
names, addresses and occupations of the witnesses who are or
who are to be treated as having been bound over to attend the
trial conditionally.
(6) The Magistrate shall, on committing the accused for
trial, inform him of his right to require the attendance at the trial
of such witness and of the steps which he must take to enforce the
attendance of the witness.
(7) The Director of Public Prosecutions shall at least
seven days before the day fixed for the trial inform the person
committed for trial of the names, addresses and occupations of
the witnesses, and the Director of Public Prosecutions or the
person committed for trial shall give notice to the Registrar at
least four days before the day fixed for the trial that he desires
any such witness to attend at the trial, and the Registrar, on
receipt of the notice, shall then notify the witness that he is
required to attend in pursuance of his recognisance.
22. Where a Magistrate is, during a preliminary enquiry, in
doubt as to any matter arising during the enquiry, he may grant
bail to the accused person or commit him to prison according to
the provisions hereinafter contained, until he has consulted, and
received the opinion of, the Director of Public Prosecutions in
the matter.
Magistrate may
consult
Director of
Public
Prosecutions.
[172/1961
8/1962
136/1976
18 of 1994].
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L.R.O.
DISCHARGE, COMMITTAL FOR TRIAL
23. (1) When all the witnesses on the part of the prosecutor
and of the accused person, if any, have been heard, the Magistrate
shall, if, upon the whole of the evidence, he is of opinion that no
prima facie case of any indictable offence is made out, discharge
him; and in such case any recognisance taken in respect of the
charge becomes void.
(2) Where the Magistrate is of the opinion, on
consideration of the evidence and of any statement of the
accused, that there is sufficient evidence to put the accused on
trial for any indictable offence, the Magistrate shall commit the
accused for trial—
(a) in custody, that is to say, by committing him to
prison there to be safely kept until delivered in
due course of law; or
(b) on bail in accordance with the provisions of the
Bail Act, that is to say, by directing the accused
to appear before the High Court for trial,
and where his release on bail is conditioned on his providing a
surety and, in accordance with section 16 of the Bail Act, the
Magistrate fixes the amount in which the surety is to be bound
with a view to his entering into his recognisance subsequently,
the Magistrate shall, in the meantime, commit the accused to
custody in accordance with paragraph (a) of this subsection.
(3) The commitment shall be in the form set out in the
First Schedule.
(4) Nothing herein shall be construed to prevent the
Magistrate from granting bail to the accused person if the offence
charged is of a bailable nature.
(5) In every case in which a Magistrate discharges an
accused person on a preliminary enquiry, he shall, if required to
do so by the Director of Public Prosecutions, transmit forthwith
to him the record of the proceedings, and if the Director of Public
Prosecutions, on perusing and considering the evidence, is of
Discharge or
committal for
trial of accused.
[172/1961
8/1962
136/1976
45 of 1979
18 of 1994
23 of 2003].
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28 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
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opinion that the accused ought not to have been discharged, he
may apply to a Judge of the High Court for a warrant for the
arrest and committal for trial of the accused person.
(6) If the Judge is of opinion that the evidence, as given
before the Magistrate, was sufficient to put the accused person on
his trial, he may issue a warrant for the arrest of the accused
person and for his committal to prison for trial, there to be kept
until discharged in due course of law or granted bail, and every
person so proceeded against shall be further prosecuted in the
like manner as if he had been committed for trial by the
Magistrate by whom he was discharged.
(7) The requisition to the Magistrate by the Director of
Public Prosecutions for the record of the proceedings shall be
made within three months of the discharge of the accused person
and the application to the Judge for the warrant for arrest and
committal for trial of the accused person shall be made within six
months of the discharge of the accused person.
(8) Notwithstanding subsections (5), (6) and (7), the
Director of Public Prosecutions or the Deputy Director of Public
Prosecutions may prefer an indictment whether or not a preliminary
enquiry has been conducted only in the following instances:
(a) where at the close of an inquest, a Coroner is of
the opinion that sufficient grounds are disclosed
for making a charge on indictment against any
person pursuant to section 28 of the Coroners Act;
(b) where a co-accused is arrested before the date
fixed for the trial of a co-offender who has
already been indicted and it is desired to join
them both in the same indictment;
(c) where a Magistrate has heard evidence and the
depositions taken before him disclose a prima
facie case and he is unable to complete the
preliminary enquiry because of his:
(i) physical or mental infirmity;
(ii) resignation;
(iii) retirement; or
(iv) death;
Ch. 6:04.
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(d) where a person is charged with serious or
complex fraud;
(e) in exceptional circumstances to deal with
offences of a violent or sexual nature and where
there is a child witness, or an adult witness who
has been assessed as one subject to threats,
intimidation or elimination.
(9) Where an accused person has not been put upon his
trial for any offence disclosed by the evidence taken at a
preliminary enquiry and additional evidence of a material nature
in support of any such offence becomes available, a further
enquiry may be held in the like manner and with the like
consequences as if it were an original preliminary enquiry.
23A. (1) A Magistrate holding a preliminary enquiry shall, if
satisfied that all the evidence before the Court, whether for the
prosecution or the accused person, consists of written statements
admitted under section 16C(1), with or without exhibits, commit
the accused for trial for the offence without consideration of the
contents of those statements.
(2) Subsection (1) shall not apply where the—
(a) accused or one of the accused is not represented
by an Attorney-at-law; or
(b) Attorney-at-law for the accused or one of the
accused, as the case may be, has requested the
Magistrate to consider a submission that the
statements disclose insufficient evidence to put
that accused on trial by jury for the offence.
(3) If the Magistrate is satisfied that the Attorney-at-law
for the accused or, as the case may be, the Attorney-at-law for
each of the accused does not wish to make a submission as
provided for under subsection (2)(b), the Magistrate shall, after
receiving any written statement under section 16C(1), commit the
accused for trial without consideration of the evidence.
Committal
without
consideration of
the written
statements.
[23 of 2005].
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30 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
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(4) Where a Magistrate commits an accused person for
trial under this section he shall comply with sections 16A, 17
and 23(2).
(5) Where the Magistrate does not commit the accused
under this section he shall proceed in accordance with
section 23B.
23B. (1) A Magistrate holding a preliminary enquiry, who
does not commit an accused person under section 23A, and
having ascertained that the—
(a) accused has no Attorney-at-law acting for him
in the enquiry;
(b) Attorney-at-law for the accused has requested the
Magistrate to consider a submission that there is
insufficient evidence to put the accused on trial by
jury for the offence with which he is charged; or
(c) accused or his Attorney-at-law wishes to cross-
examine any of the witnesses for the prosecution,
shall permit the prosecutor to tender to the Court any statement
that is in compliance with section 16C.
(2) After the prosecutor tenders any statement as
provided for under subsection (1), the Magistrate shall admit the
written statements in accordance with section 16C(1), and it shall
be read out aloud, except where the Magistrate otherwise directs
the prosecutor or to the extent that he directs the prosecutor that
an oral account be given of any statement.
(3) The Magistrate may view any exhibits produced
before him and may take possession of them.
(4) After all the evidence including the written statements
on behalf of the prosecution have been admitted and subject to the
right of the accused under section 23D, the Magistrate shall hear
any submission which the accused or his Attorney-at-law may
wish to make as to whether there is sufficient evidence to put the
accused on trial by jury for any indictable offence.
Committal
based on the
written
statements.
[23 of 2005].
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(5) The Magistrate shall permit the prosecutor to make a
submission—
(a) in reply to any submission made by the accused
or his Attorney-at-law in pursuance of
subsection (4); or
(b) where the accused or his Attorney-at-law has
not made any such submission but the
Magistrate is nevertheless minded not to
commit the accused for trial.
(6) After hearing any submission made in pursuance of
subsection (4) or (5), the Magistrate shall, unless he discharges
the accused person, comply with sections 16A, 17 and 23(2) with
appropriate modification of the language of the sections in
relation to the relevant circumstances.
23C. A written statement admitted in evidence under
section 16C is deemed to be a deposition within the meaning
of section 16(3).
23D. Where a Magistrate holding a preliminary enquiry
admits written statements of a person under section 23A or 23B,
a party to the enquiry or an Attorney-at-law acting on behalf of
that party is entitled to cross-examine the maker of any statement
admitted in evidence.
23E. A person who, in a written statement admitted in
evidence in a preliminary enquiry by virtue of section 16C,
wilfully makes a statement material in the preliminary enquiry
which he knows to be false or does not believe to be true commits
an offence and is liable on summary conviction to a fine of fifty
thousand dollars and to imprisonment for seven years.
23F. Neither section 55 nor Part VI of the Summary Courts
Act shall apply to proceedings under this Act.
23G. An appeal by the State from a decision of a Judge of the
High Court under section 23(6), shall lie as of right to the Court
of Appeal.
Depositions.
[23 of 2005].
Cross-
examination.
[23 of 2005].
False written
statements
tendered in
evidence.
[23 of 2005].
Non-application
of certain
written
provisions.
Ch. 4:20.
[23 of 2005].
Appeals.
[23 of 2005].
UNOFFICIAL VERSION
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32 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
LAWS OF TRINIDAD AND TOBAGO
23H. Sections 16, 16C, 16D, 17, 17A, 18, 23(8) and 23A to
23G shall not apply to a preliminary enquiry that began before
15th September 2005.
24. Every person committed for trial, whether bailed or not
shall be entitled, at any reasonable time before the trial, to have
copies of the depositions and of his own statement (if any)
from the Clerk of the Magistrate’s Court, or, if the documents
relating to the inquiry have been transmitted by the Magistrate
as hereinafter provided, from the Registrar.
DISCHARGE, COMMITTAL ON
WRITTEN STATEMENT
24A. The provisions of this Act relating to the commitment for
trial and to bail of an accused person shall apply where a
Magistrate commits an accused person under section 23A or 23B.
24B. Sections 25 and 27 apply to proceedings under section
23A or 23B.
24C. A Magistrate conducting a preliminary enquiry in
accordance with section 16 or under section 23A or 23B may, if
he thinks fit and although the case for the prosecution has been
closed, take the evidence of further witnesses for the prosecution
or recall any witness for further examination, or call upon the
maker of a written statement to furnish him with additional
evidence, as the case may be.
PROCEEDINGS SUBSEQUENT TO COMMITTAL
25. (1) After the preliminary enquiry has been concluded
and the warrant of commitment for trial has been made out, the
Magistrate shall, without delay, transmit to the Director of Public
Prosecutions the complaint, the depositions of the witnesses, the
documentary exhibits thereto, the evidence (if any) of the
accused person, the warrant of commitment for trial, and the
recognisances entered into. All exhibits, other than documentary
exhibits, shall, unless the Magistrate otherwise directs, be taken
charge of by the Police and shall be produced by them at the trial.
Transitional
Provision.
[23 of 2005]
Copies of
depositions for
accused person.
[45 of 1979].
Order of
commitment
and bail.
[20 of 1994
23 of 2005].
Sections 25 and
27 to apply.
[20 of 1994
23 of 2005]
Further
evidence.
[20 of 1994
23 of 2005].
Transmission
and custody of
documents and
exhibits relating
to a case.
[172/1961
8/1962
136/1976
8 of 1990
32 of 1998].
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L.R.O.
(2) Subject to this Act, the depositions and other
documents received from the Magistrate by the Director of
Public Prosecutions shall be kept by him until the indictment (if
any) to which they relate is filed, and shall then be transmitted to
the Registrar of the Supreme Court, who shall keep them and
produce them to the Court at the trial of the accused person.
(3) A person committed for trial may be indicted for any
offence for which he was committed for trial or for any offence
which, in the opinion of the Director of Public Prosecutions, is
disclosed by the depositions.
(4) Notwithstanding subsections (1), (2) and (3), an
indictment charging any person with an indictable offence may
also be preferred by the Director of Public Prosecutions on the
direction of or with the consent of a Judge of the High Court or
the Court of Appeal where any procedural defect has occurred
during the course of a preliminary enquiry.
(5) The Criminal Procedure Act shall apply to an
indictment preferred under subsection (4).
26. (1) Where, after the preliminary inquiry into the
complaint has been concluded, the deposition of any witness is
lost or destroyed, the preliminary inquiry may be re-opened or a
fresh preliminary inquiry may be held into the complaint for the
purpose of taking the deposition of such witness.
(2) Where the original of the complaint, any deposition
of a witness, any documentary exhibit thereto the statement if
any, of the accused person, the warrant of committal for the trial
or any recognisance entered into is lost or destroyed, then in all
proceedings at the trial (whether summary or on indictment) or at
a re-opened preliminary enquiry or a fresh preliminary enquiry or
an enquiry under section 23(8), secondary evidence of the
contents of such document may, in the discretion of the Court or
Magistrate be admitted in every case in which the original
document would be admissible.
Ch. 12:02
Where
deposition lost
or destroyed.
[29 of 1977].
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34 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
LAWS OF TRINIDAD AND TOBAGO
(3) Without prejudice to any other method by which
such fact may be proved—
(a) the fact that any document is lost or destroyed
may be proved by the testimony of the officer
in whose charge the document was last
entrusted; and
(b) the fact that a document is a copy may be
authenticated—
(i) where the document is a private
document, by any evidence with which
secondary evidence as to private
documents may be authenticated; and
(ii) where the document is a public document,
by a certified copy thereof issued by the
officer to whose custody the original was
entrusted.
26A. Notwithstanding section 26(1) and (2) but subject to
section 26(3), where the original deposition or part thereof, or
any document mentioned in that section is lost or destroyed, a
copy of the deposition or part thereof, or of the document, duly
certified by the Clerk of the Peace of the magisterial district in
which the preliminary enquiry was held, or by the examining
Magistrate shall be regarded as the original deposition or
document as the case may be and dealt with as such for purposes
of this Act.
27. (1) At any time after the receipt of the depositions and
other documents mentioned in section 25 or section 26A and
before the indictment is filed, the Director of Public Prosecutions
may, if he thinks fit, refer back the case to the Magistrate with
directions to re-open the enquiry for the purpose of taking further
evidence, and with such other directions as he may think proper.
Where a case is referred back as herein provided, the enquiry
shall be re-opened, and the case shall be dealt with in all respects
as if the accused person had not been committed for trial.
Use of certified
copy of
depositions.
{6 of 1996].
D.P.P. may
refer back case
for further
evidence.
[172/1961
8/1962
136/1976
6 of 1996].
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L.R.O.
(2) If, after the receipt of the depositions and other
documents mentioned in section 25 or section 26A the Director
of Public Prosecutions is of opinion that the accused person
should not have been committed for trial but that the case should
have been dealt with summarily, the Director of Public
Prosecutions may, if he thinks fit, refer back the case to the
Magistrate with directions to deal with the case accordingly, and
with such other directions as he may think proper.
(3) Any directions given by the Director of Public
Prosecutions under this section shall be in writing signed by him,
and shall be complied with by the Magistrate: Provided that the
Director of Public Prosecutions may at any time add to, alter, or
revoke any such directions.
(4) When the Director of Public Prosecutions directs
that an enquiry shall be re-opened or that a case shall be dealt
with summarily, the following provisions shall have effect:
(a) where the accused person is in custody, the
Magistrate shall, by an order in writing under
his hand, direct the Keeper of the prison having
the custody of the accused person to convey him
or cause him to be conveyed to the place named
in the order for the purpose of being dealt with
as the Magistrate may direct;
(b) where the accused person is on bail, the
Magistrate shall issue a summons for his
attendance at a time and place named in the
summons. If the accused person does not attend
in obedience to the summons, the Magistrate
shall issue a warrant for his apprehension;
(c) thereafter the proceedings shall be continued
under the provisions of this Act or of the
Summary Courts Act as the case may be, and, if
under the last-mentioned Act in the same
manner as if the Magistrate had himself formed
an opinion in terms of section 94 of that Act.
D.P.P. may
refer back case
to be dealt with
summarily.
Ch. 4:20.
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36 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
LAWS OF TRINIDAD AND TOBAGO
COMMITTAL FOR SENTENCE
27A. In a preliminary enquiry except when the charge is one of
treason or murder, if an accused person who is represented by an
Attorney informs the Magistrate that he is guilty of the charge the
Magistrate may commit him for sentence before the High Court
in accordance with section 27C(2).
27B. Except where the offence is one of treason or murder, if,
after being informed of his rights under section 17, an accused
person instead of giving evidence upon oath says or admits that
he is guilty of the charge, then the Magistrate shall further say to
him the words following, or words to the like effect:
“Do you wish the witnesses again to appear to give
evidence against you at your trial? If you do not, you
will now be committed for sentence, instead of being
committed for trial.”
27C. (1) Where the accused, in answer to the question
referred to in section 27A, states that he does not wish the
witnesses again to appear to give evidence against him, his
statement shall be taken down in writing and read to him and
shall be signed by the Magistrate and by the accused, if he will,
and shall be kept with the depositions of the witnesses. The
witnesses may thereupon be bound over conditionally in the
manner provided by section 21(5).
(2) In any such case as mentioned in this section the
Magistrate shall, instead of committing the accused for trial,
order him to be committed for sentence before the High Court,
and in the meantime, the Magistrate shall, by his warrant, commit
the accused to prison to be there safely kept until the sittings of
that Court, or until he is admitted to bail or delivered by due
course of law.
(3) The statement of the accused made under this
section shall be received in evidence upon its mere production
without further proof by the Court before which he is brought
for sentence.
Accused
admitting guilt
at preliminary
enquiry to be
committed for
sentence.
[20 of 1994].
Accused
admitting guilt
at preliminary
enquiry to be
further
cautioned and
may be
committed for
sentence.
[172/1961
8/1962
136/1976
20 of 1994].
Answer of
accused
consenting to
be committed
for sentence to
be recorded.
[20 0f 1994].
Committed for
sentence.
Admissibility
of statement of
accused in
evidence.
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(4) The Magistrate shall, as soon after the committal as
is practicable, transmit to the Director of Public Prosecutions the
record or the proceedings in the manner required by section 24
and the Director of Public Prosecutions shall prefer and file in the
High Court an indictment against the accused person committed
for sentence.
BAIL
28. (1) A Magistrate may grant bail in accordance with the
Bail Act, to any person charged with an offence.
(2) Where bail may be granted or refused in the
discretion of the Magistrate, such discretion may be exercised at
any stage of the proceedings.
(3) Whenever the preliminary enquiry is for any cause
adjourned, the Magistrate may, upon such adjournment and subject
to section 5 of the Bail Act, remand the accused person in custody
by committing him to prison or to such other safe custody as the
Magistrate thinks fit and the time fixed for the resumption of the
trial shall be that at which he is required to appear or be brought
before the Court in pursuance of the remand.
(4) If an accused person who has appeared and has been
granted bail (either on the recognisance of sureties or on his own
recognisance) to appear at any adjournment, fails to appear
according to the condition of the recognisance, the Magistrate
before whom he ought to have appeared may issue a warrant for
his apprehension, whether there has been any complaint in
writing and upon oath or not, and may also declare the
recognisance to be forfeited.
(5) Where a recognisance is declared to be forfeited, any
Magistrate may forthwith or at any time after the declaration
issue a warrant committing any person liable, whether as
principal or surety, under the recognisance to prison for any term
not exceeding two months unless the amount due under the
recognisance and also, if the Magistrate thinks fit, the costs of the
commitment and conveying of the person to prison (the amount
of such costs being ascertained and stated in the warrant) are
sooner paid.
Transmission of
proceedings
and filing of
indictment.
Right of
accused to bail.
[1 of 1955
11 of 1961
45 of 1979
8 of 1990
18 of 1994
19 of 1998].
Ch. 4:60.
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(6) The recognisance shall be in the form set out in
Form 1 in the Second Schedule.
29. (1) An accused person who is not released on bail shall
be committed for safe custody to prison, or as the case may
require.
(2) If the Magistrate adjourns the preliminary enquiry
and remands the accused person, the remand shall be by warrant.
(3) The Magistrate may, whilst the accused person is
under remand and before the expiration of the period for which
he has been remanded, order the accused person to be brought
before him, and the Keeper of the prison shall obey the order, or,
if the accused person is on bail, the Magistrate may summon him
to appear at an earlier day than that to which he was remanded.
If the summons is not obeyed, a warrant may issue to enforce his
attendance and may be executed like any other warrant.
30. (1) If an accused person who is committed for trial is
granted bail, the recognisance of bail shall be taken in writing
either from the accused person and one or more sureties or from
the accused person alone, in the discretion of the Magistrate,
according to the Bail Act, and shall be signed by the accused
person and his surety or sureties, if any.
(2) The condition of such recognisance shall be that the
accused person shall personally appear before the Court at any
time from the date of the recognisance, to answer to any
indictment that may be filed against him in the Court, and that he
will not depart the Court without leave of the Court, and that he
will accept service of any such indictment at some place to be
named in such condition.
(3) The recognisance may be in the form set out in
Form 2 in the Second Schedule.
31. (1) Where an accused person who is committed for trial
is not released on bail, a constable shall convey him to the prison,
and shall there deliver him, together with the warrant of
commitment, to the Keeper of the prison, who shall thereupon
give the constable a receipt for the accused person, which shall
Second
Schedule.
Form 1.
Committal of
accused
pending
preliminary
enquiry.
[8 of 1990
18 of 1994].
Bail on
committal for
trial.
[8 of 1990
18 of 1994
19 of 1998].
Ch. 4:60.
Second
Schedule.
Form 2.
Conveying
accused to
prison after
committal.
[8 of 1990
18 of 1994].
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set forth the condition in which the accused person was when he
was delivered into the custody of the Keeper.
(2) It shall not be necessary to address any warrant of
commitment under this or any other section of this Act to the
Keeper of the prison, but, upon delivery of any such warrant to
the Keeper by the person charged with the execution of the
warrant, the Keeper shall receive and detain the person named in
the warrant (or detain him, if already in his custody) for the
period and for the purpose as the warrant directs. In case of
adjournments or remands, the Keeper shall bring the person, or
cause him to be brought, at the time and place fixed by the
warrant for that purpose, before the Magistrate.
(3) This section shall apply to every person who is
committed to prison under any provision of this Act.
32. (1) Where an accused person is not released on bail
only because he does not, at the time of his committal for trial,
procure a sufficient surety or sureties for appearing to take his
trial, the Magistrate shall endorse on the warrant of commitment,
or on a separate paper, a certificate of his consent to the accused
person being bailed, and shall state the amount of bail which
ought to be required.
(2) Any Magistrate attending or being at the prison
where the accused person is confined shall, on the production of
such certificate, grant him bail accordingly, and shall order him
to be discharged by a warrant of deliverance.
(3) If it is inconvenient for a surety or sureties to attend
at the prison to join the accused in the recognisance of bail, the
committing Magistrate may make a duplicate of such certificate.
(4) Upon the production to any Magistrate of any such
duplicate certificate, the Magistrate may take the recognisance of
the surety or sureties in conformity with such certificate, and
shall transmit the recognisance, if and when so taken, to the
Keeper of the prison.
(5) Upon such recognisance and such certificate as is
mentioned in subsection (3) being produced to any Magistrate
attending or being at such prison, the Magistrate may take the
Bailing of
accused after
committal.
[8 of 1990
18 of 1994].
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recognisance of the accused party, and thereupon the Magistrate
shall order him to be discharged by a warrant of deliverance.
33. Subject to the Bail Act, the Court or a Judge may at any
time, on the petition of an accused person charged with an
offence, grant him bail, and the recognisance of bail may, if the
Court or the Judge so directs, be taken before any Magistrate.
34. Where an accused person is bailed in the above manner,
the Magistrate by whom he is bailed, or any other Magistrate,
may, if he sees fit, on the application of the surety or of either of
the sureties of such person, and on information being laid in
writing and upon oath by the surety, or by some person in his
behalf, that there is reason to believe that the person so bailed is
about to abscond for the purpose of evading justice, issue his
warrant for the apprehension of the person so bailed, and
afterwards, on being satisfied that the ends of justice would
otherwise be defeated, commit such person when so arrested to
prison until his trial, or until he produces another sufficient
surety or other sufficient sureties, as the case may be, in like
manner as before.
35. The amount of bail to be taken in any case shall be in the
discretion of the Magistrate, or of the Court or the Judge by
whom the order for the taking of such bail is made, but no
accused person shall be required to give excessive bail.
36. If an accused person who is granted bail is a married
woman or infant, the recognisance of bail shall be taken only
from the surety or sureties.
37. (1) Where an accused person released on bail by a
Magistrate is indicted by the Director of Public Prosecutions for
an offence which is not bailable by a Magistrate, the Magistrate
shall, on being informed of the fact by any police officer of the
First Division of the Police Service, issue his warrant for the
arrest of the accused person and commit him to prison in the
same manner as if he had been originally committed for trial for
the offence for which he is indicted.
Court of Judge
may bail
accused.
[8 of 1990
18 of 1994].
Ch. 4:60.
Apprenension
of accused
person on bail
but about to
abscond.
[8 of 1990
18 of 1994].
Amount of bail.
[8 of 1990].
Bail of married
woman or
infant.
[8 of 1990
18 of 1994].
Power to
revoke or
require higher
bail.
[172/1961
8/1962
136/1976
8 of 1990
18 of 1994].
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(2) For the purposes of this section, a person shall be
deemed to be indicted when the indictment against him has been
filed in the High Court.
(3) Where an accused person has been released on bail
by a Judge or a Magistrate, and circumstances arise which, if the
accused person had not been admitted to bail, would justify the
Judge or Magistrate in refusing bail or in requiring bail of greater
amount, the Judge or Magistrate may, on the circumstances
being brought to his notice by any police officer of the First
Division of the Police Service, issue his warrant for the arrest of
the accused person, and, after giving the accused person an
opportunity of being heard, may either commit him to prison to
await trial or grant him bail for the same or an increased amount,
as the Judge or Magistrate may think just.
PLACE OF COMMITMENT
38. All persons committed to prison under this Act shall be
committed to the Port-of-Spain Prison, or to such other prison
within the district in which they have been committed as may
have been appointed by the President.
EVIDENCE
39. (1) Where any person has been committed for trial for
any offence, the deposition of any person taken before a
Magistrate may, if the conditions set out below are satisfied,
without further proof be read as evidence on the trial of that
person, whether for that offence or for any other offence
arising out of the same transaction or set of circumstances as
that offence.
The conditions referred to above are the following:
(a) the deposition must be the deposition either of a
witness whose attendance at the trial is stated to
be unnecessary in accordance with the provisions
of section 21(5), or, of a witness who is proved at
the trial by the oath of a credible witness to be
dead, or so ill as not to be able to travel although
there may be a prospect of his recovery, or
incapable in consequence of his condition of
Place of
commitment.
[8 of 1990].
Reading of
depositions at
trial.
[8 of 1990].
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mind of giving evidence, or absent from Trinidad
and Tobago, or kept out of the way by the
prosecutor or the State or by the accused person
or by some other person on his behalf;
(b) it must be proved at the trial, either by a
certificate purporting to be signed by the
Magistrate before whom the deposition
purports to have been taken or by the oath of a
credible witness, that the deposition was taken
in the presence of the accused person or the
prosecutor, as the case may be, and that he or
his legal adviser had full opportunity of cross-
examining the deponent;
(c) the deposition must purport to be signed by the
Magistrate before whom it purports to have
been taken.
(2) In the case of a deposition taken under section 20,
the provisions of subsection (1) other than paragraph (b) shall
apply on its being proved at the trial either by a certificate
purporting to be signed by the Magistrate before whom the
deposition purports to have been taken or by the oath of a
credible witness—
(a) that reasonable notice of the intention to take
the deposition was served upon the person
(whether accused or prosecutor) against whom
it is proposed to be given in evidence; and
(b) that such person or his legal adviser had, or
might have had, if he had chosen to be present,
a full opportunity of cross-examining the
deponent.
(3) This section shall not have effect in any case in
which it is proved—
(a) that the deposition, or where the proof required
by subsection (1)(b) is given by means of a
certificate, that the certificate was not in fact
signed by the Magistrate by whom it purports to
have been signed; or
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(b) that where the deposition is the deposition of a
witness whose attendance at the trial is stated to
be unnecessary as provided by section 21(5),
the witness has been duly notified that he is
required to attend the trial.
40. (1) At any preliminary examination, any document
purporting to be a report from the Chief Chemist upon any matter
or thing submitted to him for examination, analysis, or report
may, if it bears his signature, be used as evidence.
(2) The Magistrate may presume that the signature to any
such document is genuine, and that the person signing it held the
office which he professed to hold at the time when he signed it.
PUBLICATION OF PROCEEDINGS
41. (1) No person shall print or publish or cause or procure
to be printed or published, in relation to any preliminary enquiry
under this Act, any particulars other than the following:
(a) the names, addresses and occupations of the
accused person and the witnesses;
(b) a concise statement of the charge and the
defence in support of which evidence has been
given;
(c) submissions on any point of law arising in the
course of the enquiry, and the decision of the
Magistrate thereon.
(2) Nothing in this section shall apply to the printing or
reproduction by any other method of any pleading, transcript of
evidence or other documents for use in connection with any
judicial proceedings or the communication thereof to persons
concerned in the proceedings, or to the printing or publishing
of any notice or report in pursuance of the directions of
the Magistrate.
(3) A person who acts in contravention of this section
is liable on summary conviction in respect of each offence to a
fine of two thousand dollars or to imprisonment for four months.
Report of Chief
Chemist.
[8 of 1990].
Restriction on
publication of
report of
preliminary
enquiry.
[8 of 1990].
Penalties.
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44 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
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Section 23(3). FIRST SCHEDULE
WARRANT OF COMMITMENT
To ...................................(Constable), and to ........................., Keeper of
the Port-of-Spain Prison.
Whereas A.B. was this day charged before me the undersigned Magistrate
on the complaint of.............................................................................................,
for that [state shortly the offence]:
These are therefore to command you, the said.......................... to take the said
A.B. and him safely to convey to the Port-of-Spain Prison in the City of
Port-of-Spain, and there to deliver him to the Keeper thereof, together with
this precept: and I do hereby command you, the said Keeper of the said Prison,
to receive the said A.B. into your custody in the said Prison and there safely
keep him until he shall be thence delivered by due course of law.
Date ....................... .............................................................................
(Magistrate)
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Section 28(2).
[19 of 1998].SECOND SCHEDULE
FORM 1
RECOGNISANCE OF BAIL ON ADJOURNMENT
OF PRELIMINARY ENQUIRY
No. ............................. 20..........
COUNTY OF .....................................................................................................
BE IT REMEMBERED that on the ............. day of ............................, 20.........
C.D., ............................................................................................................... of
..................................................................................................................... and
G.H., ...................................................................................................................
of ........................................................................................................................
personally came before me, the undersigned Magistrate [or Justice] for the
Magisterial District of .......................................................................................
and severally acknowledged themselves to owe to the State the several sums
following, namely, the said C.D. .......................................................................,
as principal, the sum of .......................................................................................
............................................................................................................................
and the said G.H. ................................................................................................
as surety, the sum of ...........................................................................................
to be levied on their several movable and immovable property respectively, if
the said C.D. .................................................................... fails in the condition
hereon endorsed.
Taken and acknowledged the day and year first above-mentioned before me.
(Signed) .................................................................................
(Magistrate or Justice)
CONDITION ENDORSED
The condition of the within written recognisance is such that if the within bonded
C.D. ..................................... appears before the Magistrate [or Justice] in the said
Court, the .............. day of ................., 20........, at ................. o’clock, .........m., at
....................................... and at every time and place to which during the course of
the proceedings against the said C.D. .........................................................................
the hearing may be from time to time adjourned to answer further the complaint
made against him by A.B. ................................, and to be further dealt with
according to law, then the said recognisance shall be void, but otherwise shall
remain in full force until the completion of the said proceedings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
46 Chap. 12:01 Indictable Offences (Preliminary Enquiry)
LAWS OF TRINIDAD AND TOBAGO
Section 30(3).
[19 of 1998].
FORM 2
RECOGNISANCE OF BAIL ON COMMITTAL
THE STATE
Against
A.B. on the charge of C.D. for [state offence briefly].
At .............................. in the said Trinidad and Tobago on this ............ day
of ....................... in the year of Our Lord Two Thousand ...................................
of ........................... in the said Trinidad and Tobago, acknowledges himself to
be indebted to the State, in the sum of........................, and .................................
of .................................................... acknowledges himself to be indebted to the
State, in the sum of .........................................................; upon condition that, if
the said .................................................... do personally appear before the High
Court, in the .............................. of .....................................................................
to answer to any indictment that shall be presented against him in the said
Court in or about the premises, from the date of this acknowledgment, and do
not depart the Court without leave, and do accept service of any such
indictment at the residence of................................................................ situated
in ............................................................................... in the ...............................
of.................................. and that the said...................................................... in
the meantime be of good behaviour, and keep the peace towards the State
and especially towards ........................................... then this recognisance to
be void; or else to remain in full force. And the said
...................................................................................................................
severally acknowledge themselves debtors in solidum to the State in the sums
hereinbefore respectively acknowledged by them upon the property of them
and each of them, to the use of the State, to be levied in due form of law, in
case of default made in the condition of this recognisance or obligation.
Acknowledged by the said .........................................................................
on the ............ day of ......................................................................... 20............
Witness ........................ Before me, ............................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Indictable Offences (Preliminary Enquiry) Chap. 12:01 47
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
THIRD SCHEDULE
ACCEPTANCE OF WRITTEN STATEMENTS
Complaint No............ of 20.......
....................................................................................................(Complainant)
Against
.........................................................................(Accused person) on the charge
of......................................................... (State offence briefly).
PART A
I................................................ (name) of ................................... (address) the
accused person accept the written statements of the prosecution given to me
this ...................day of ..........................., 20........., pursuant to section 16C of
the Indictable Offences (Preliminary Enquiry) Act, Chap. 12:01.
............................................................................................................................
(Signature of accused person)
PART B
I .....................................(name) of ....................................... (address)
Attorney-at-law for ...................................................(name of the accused
person) accept the written statements of the prosecution given to me this
................day of ..........................., 20........., pursuant to section 16C of the
Indictable Offences (Preliminary Enquiry) Act, Chap. 12:01.
............................................................................................................................
(Signature of Attorney-at-law)
Section
16C(10).
[23 of 2005].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
