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Kidnapping
KIDNAPPING ACT
CHAPTER 11:26

Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–8 ..

Act
21 of 2003
Amended by
9 of 2011

LAWS OF TRINIDAD AND TOBAGO

L.R.O. UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.



2 Chap. 11:26 Kidnapping

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Kidnapping Chap. 11:26 3

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

CHAPTER 11:26

KIDNAPPING ACT
ARRANGEMENT OF SECTIONS

SECTION
1. Short title.
2. Interpretation.
3. Kidnapping for ransom.
4. Knowingly receiving ransom.
5. Knowingly negotiating to obtain a ransom.
6. Disclosure of information.
7. Power to order inspection of books, accounts, etc.
8. Power to obtain information.
9. Duty to give information to police.
10. Protection of informers.
11. Protection of witnesses.
12. Section 68 of the Interpretation Act not applicable.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

21 of 2003.

Commencement.

Short title.

Interpretation.
[18 of 1993].

Ch. 79:09.
Ch. 81:03.

Ch. 45:55.

Kidnapping for
ransom.
[9 of 2011].

CHAPTER 11:26

KIDNAPPING ACT

An Act to provide for the punishment of Kidnapping for
ransom and other related offences and for matters
incidental thereto.

[25TH JULY 2003]

1. This Act may be cited as the Kidnapping Act.

2. In this Act—
“child” means son, daughter, adopted son or adopted daughter,

stepson or stepdaughter;
“financial institution” means a financial institution defined in the

Financial Institutions Act, or a society as defined in the
Co-operative Societies Act;

“judge” means a judge of the High Court of Trinidad and Tobago;
“money” means notes and coins expressed in any local or foreign

currency, cheques, promissory notes, bank notes, postal
orders or money orders;

“property” means any asset of every kind, whether corporeal or
incorporeal, moveable or immoveable, tangible or
intangible, and legal documents or instruments in any form
including electronic or digital, evidencing title to, or interest
in, such assets, including but not limited to bank credits,
travellers cheques, bank cheques, money orders, shares,
securities, bonds, drafts, letters of credit;

“spouse” includes a cohabitant as defined in the Cohabitational
Relationships Act.

3. (1) A person who, for ransom, reward, or for any similar
consideration unlawfully leads, takes, entices away, abducts,
seizes or detains any person without his consent or with his
consent obtained by fraud or duress and without lawful excuse

4 Chap. 11:26 Kidnapping

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Kidnapping Chap. 11:26 5

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Knowingly
receiving
ransom.

Knowingly
negotiating to
obtain a ransom.

Disclosure of
information.

such that the person (hereinafter in this Act referred to as the
“kidnapped person”) is held, confined, restricted, imprisoned or
prevented from returning to his normal place of abode or sent or
taken out of Trinidad and Tobago, commits an offence and is
liable to imprisonment for not less than the remainder of his
natural life.
(2) A person under the age of sixteen years is deemed
incapable of consenting to being led, taken, enticed away, abducted,
seized, detained, held, confined, restrained or imprisoned.

4. A person who receives, has possession of or disposes of
any money or property or any proceeds thereof, which has
previously been delivered as ransom in connection with an
offence punishable under section 3, knowing or having reason to
believe that the money or other property had, at any time, been
delivered as such ransom, commits an offence and is liable to
imprisonment for not less than fifteen years.

5. A person who demands or pursues, by negotiation,
a demand for a ransom, reward or other benefit for the release of
a kidnapped person, commits an offence and is liable to
imprisonment for not less than twenty-five years.

6. (1) A person, who, without reasonable excuse, the
burden of proving which shall be on the person relying on it,
discloses either orally or in writing or in any other medium to
another person, information relating to the accounts held in
financial institutions, money or property owned by a third person
which the person providing the information knows or ought to
know may be used in connection with the kidnapping of that third
person or some relative or friend of his, commits an offence and
is liable to imprisonment for not less than five years.
(2) A person shall be deemed to have given information
contrary to subsection (1) if he gives the information to a person
whom, having regard to his relationship to the accused person, or
to any other circumstances, that he knows or intends that the
information will be passed on to an accused person.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Power to order
inspection of
books, accounts,
etc.

Power to obtain
information.

7. (1) Notwithstanding any other written law, the Director
of Public Prosecutions, if he considers that any evidence of the
commission of an offence under this Act, is likely to be found in
any book, account, receipt, voucher or other document whether in
electronic form or otherwise, in respect of the payment of money
or the delivery of property relating to that person, the spouse or
child of that person or to a person reasonably believed by the
Director of Public Prosecutions to be a trustee or agent for that
person or the spouse or child of that person, may apply to a Judge
in Chambers for an order authorising a police officer of or above
the rank of sergeant or other suitable person named in the order to
inspect such book, account, receipt, voucher or other document.
(2) A police officer or other person authorised under
subsection (1), at all reasonable times, may enter any premises
specified in the order of the Court and inspect the book, account,
receipt, voucher or other document referred to in subsection (1)
and may take copies thereof or of any relevant part thereof.
(3) A person who fails to produce the book, account,
receipt, voucher or other document referred to in subsection (1)
which is in his possession or control, commits an offence and is
liable to a fine of one hundred thousand dollars and to
imprisonment for one year.

8. (1) In the course of an investigation or proceedings
relating to an offence under this Act by a person suspected of
having committed or charged with the commission of such
offence, the Director of Public Prosecutions may apply to a Judge
in Chambers for an order requiring the manager of a financial
institution to give copies of the accounts of, or under the control
of, such person or of the spouse or dependent child of such
person at the financial institution, where the Director of Public
Prosecutions has reason to believe that, that information may be
relevant to the investigation or proceedings.
(2) A person against whom an order is made by the
Court under subsection (1) shall, notwithstanding any law or any
oath of secrecy to the contrary, comply with the terms of the
order within such time as may be specified in the order.

6 Chap. 11:26 Kidnapping

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Kidnapping Chap. 11:26 7

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Duty to give
information to
police.

Protection of
informers.

(3) A person who wilfully neglects or fails to comply
with subsection (2) or wilfully provides false information with
respect to the order referred to in subsection (1) commits an
offence and is liable to a fine of one hundred thousand dollars and
to imprisonment for one year.

9. (1) Notwithstanding any other law, a person who is
aware of the commission of or the intention of another person to
commit an offence under this Act shall, in the absence of
reasonable excuse, forthwith give information to a police officer
of such commission or intention, as the case may be.
(2) A person bound to give information under
subsection (1) who fails to do so in accordance with that subsection
commits an offence and is liable on summary conviction to a fine
of one hundred thousand dollars and to imprisonment for two years.
(3) The burden of proving that there was a reasonable
excuse for failing to give such information as is stated in
subsection (1) shall lie on the person charged under subsection (2).
(4) A police officer who receives information pursuant
to subsection (1) and does not investigate it or cause it to be
investigated in accordance with proper police procedure commits
an offence and is liable on summary conviction to a fine of one
hundred thousand dollars and to imprisonment for two years.

10. (1) Subject to this section, no statement as to an offence
under this Act shall be admitted in evidence in any civil or
criminal proceedings and no witness shall be obliged or
permitted to disclose the name or address of an informer, or state
any matter, which might lead to the identification of the informer.
(2) If any books, documents or papers which are in
evidence or liable to inspection in any civil or criminal
proceedings, contain any entry in which an informer is named or
described or which might lead to his discovery, the Court before
which the proceeding is taking place shall cause information to
be concealed from view or to be obliterated so far as is necessary
to prevent the informer from being identified, but no further.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

8 Chap. 11:26 Kidnapping

LAWS OF TRINIDAD AND TOBAGO

Protection of
witnesses.

Section 68
of the
Interpretation
Act not
applicable.
Ch. 3:01.

(3) If on a trial for an offence under this Act the Court,
is of the opinion that the informer wilfully made in his statement
a material disclosure which he knew or believed to be false or did
not believe to be true, or if in another proceeding the Court is of
the opinion that justice cannot be done between the parties
thereto without the discovery of the informer, the Court may
require the production of the original statement, and permit an
inquiry and require full disclosure concerning the informer.

11. A person who dissuades or attempts to dissuade any
person, by threats, force, bribery or other means, from giving
evidence in any proceeding relating to an offence under this Act
commits an offence and is liable on conviction to a fine of one
hundred thousand dollars and to imprisonment for fifteen years.

12. Section 68(2) of the Interpretation Act does not apply to
the penalties prescribed in sections 3, 4, 5 and 6 of this Act.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt