Legal Aid
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–2 ..
3–36 ..
37–38 ..
39–73 ..
L.R.O.
Act
25 of 1976
Amended by
15 of 1979
46 of 1979
18 of 1994
11 of 1999
18 of 1999
3 of 2012
180/2013
LAWS OF TRINIDAD AND TOBAGO
LEGAL AID AND ADVICE ACT
CHAPTER 7:07
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Index of Subsidiary Legislation
Page
Legal Aid and Advice Regulations (25 of 1976) … … … … 44
Note
1. This Act has effect notwithstanding the provisions of sections 1 and 2 of the 1962
Constitution and has been certified by the Clerk of the Senate and the Clerk of the House of
Representatives to have been enacted in compliance with section 5(2) of the said Constitution.
2. References to County Court in this Chapter have been deleted since the proposed
legislation to establish County Courts never became law.
2 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 3
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
CHAPTER 7:07
LEGAL AID AND ADVICE ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
Act inconsistent with Constitution.
PART I
PRELIMINARY
2. Interpretation.
PART II
ESTABLISHMENT OF LEGAL AID
AND ADVISORY AUTHORITY
3. Establishment and incorporation of the Authority.
3A. Appointment of Secretary.
4. Preparation and maintenance of panels of Attorneys-at-law.
4A. Duty Counsel.
4B. Panel of mediators.
5. Establishment of Legal Aid and Advice Fund and application of
moneys of Fund.
5A. Exemption from tax.
6. Accounts of the Authority.
7. Custody and use of Seal.
8. Meetings and procedure at meetings of the Authority.
9. Policy directions.
10. Out-of-pocket grants to members of the Authority.
11. Execution of documents.
12. Financial year and annual report of Authority.
13. Appointment of staff.
13A. Transfer and secondment of officers.
14. Cash deposits and payments.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
15. Rules made by the Authority.
15A. Power of Authority to set up programmes.
PART IIA
LEGAL REPRESENTATION FOR SUSPECTS BY
DUTY COUNSEL
15B. Legal representation for suspects by Duty Counsel.
PART III
LEGAL AID IN SUMMARY MATTERS
16. Legal aid in Courts of summary jurisdiction.
16A. Emergency Certificate for domestic violence applications.
LEGAL AID IN CRIMINAL PROCEEDINGS IN THE
HIGH COURT AND APPEAL THEREFROM
17. Applications for legal aid for defence of persons before the High
Court.
18. Application for legal aid for criminal appeals.
19. Legal aid certificate.
19A. Amendment to First Schedule.
PART IV
LEGAL AID IN CIVIL ACTIONS IN
THE SUPREME COURT
20. Scope and general conditions of legal aid and in civil actions.
21. Application for legal aid.
22. Power of Director to make inquiries.
23. Grant of legal aid certificates.
24. Extenuating circumstances.
25. “Disposable capital” and “disposable income”.
26. Contributions from aided persons.
27. Cancellation of certificate.
28. Application for aid by more than one party.
ARRANGEMENT OF SECTIONS—Continued
SECTION
4 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 5
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SECTION
29. Assignment of an Attorney-at-law.
30. Deposit in respect of out-of-pocket expenses.
31. Court may order payment of costs by aided person in certain event.
32. Legal aid not to discontinue without leave.
33. Costs.
34. Stay of proceedings upon making of application for legal aid.
35. Prosecuting an appeal or proceedings.
36. Rules of Court.
PART V
LEGAL ADVICE
37. Right to and nature of legal advice.
PART VI
SUPPLEMENTARY
38. False statements.
39. Privileges attaching to certain relationships.
40. Regulations.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
25 of 1976.
Commencement.
98/1976.
Preamble.
Short title.
Act inconsistent
with
Constitution.
Interpretation.
[18 of 1999].
CHAPTER 7:07
LEGAL AID AND ADVICE ACT
An Act to make legal aid and advice in Trinidad and Tobago
readily available for persons of small or moderate means,
to enable the cost of legal aid or advice granted to persons
to be defrayed wholly or partly out of moneys provided
by Parliament, and for purposes connected therewith.
[1ST JULY 1976]
WHEREAS it is enacted by subsection (1) of section 13 of the
Constitution that an Act of Parliament to which that section
applies may expressly declare that it shall have effect
notwithstanding sections 4 and 5 of the Constitution and, if any
Act does so declare, it shall have effect accordingly:
And whereas it is provided by subsection (2) of the said
section 13 of the Constitution that an Act of Parliament to which
that section applies is one the Bill for which has been passed by
both Houses of Parliament and at the final vote thereon in each
House has been supported by the votes of not less than three-fifths
of all the members of that House:
And whereas it is necessary and expedient that the provisions
of this Act shall have effect notwithstanding sections 4 and 5 of
the Constitution:
1. (1) This Act may be cited as the Legal Aid and Advice Act.
(2) This Act shall have effect notwithstanding sections 4
and 5 of the Constitution.
PART I
PRELIMINARY
2. In this Act—
“aided person” means a person who has been granted a certificate
that he is entitled to legal aid under Part IV and, where such
a person is a minor, includes his guardian;
6 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 7
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Ch. 90:03.
Ch. 4:20.
Establishment
and
incorporation of
the Authority.
[18 of 1999
3 of 2012].
“Attorney-at-law” means a person whose name is entered on the
Roll in accordance with the Legal Profession Act;
“Authority” means the Authority established and incorporated by
section 3;
“Director” means the Director of Legal Aid appointed under
section 3;
“guardian” in relation to a minor, includes any person who, in the
opinion of the Director, having cognisance of any case in
relation to the minor or in which the minor is concerned, has
for the time being the charge or control over the minor;
“mediation” means a voluntary dispute resolving process in which
a third party, the mediator, facilitates and co-ordinates the
negotiations of disputing parties, in order to develop options,
consider alternatives and reach a consensual settlement to
accommodate the needs of the disputing parties;
“Minister” means the Minister to whom responsibility for the
Legal Aid and Advisory Authority is assigned;
“minor” means a person who is under the age of eighteen years;
“Secretary” means the Secretary to the Authority appointed under
section 3A;
“summary Court”, “Court of summary jurisdiction” means a
Court established by the Summary Courts Act.
PART II
ESTABLISHMENT OF LEGAL AID AND
ADVISORY AUTHORITY
3. (1) There is hereby established a Legal Aid and
Advisory Authority for the purposes of this Act and the Authority
is a body corporate.
(2) The Authority shall consist of eight members
appointed by the President as follows:
(a) an Attorney-at-law of not less than seven years
standing who shall be designated Director of
Legal Aid and Advice and who shall be
Chairman of the Authority;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ch. 90:03.
Ch. 32:01.
Appointment of
Secretary.
[18 of 1999].
Preparation and
maintenance of
panels of
Attorneys-at-law.
[18 of 1999
3 of 2012].
(b) four Attorneys-at-law nominated by the Law
Association of Trinidad and Tobago, established
under the Legal Profession Act, or in default of
such nomination, by the Chief Justice, and at
least one of whom has a resident practice in
Tobago and is also nominated by the Tobago
House of Assembly;
(c) the person for the time being holding the office
of Chief Probation Officer;
(d) a member of the Board established by the
National Insurance Act;
(e) a member, being a public officer attached to the
Ministry.
(2A) In nominating persons for appointments to the
Authority due regard shall be given to regional representation.
(3) Where any member of the Authority is for some
reason unable to perform his functions under the Act, the President
may, if he thinks it desirable or necessary, appoint a member
temporarily to carry out those functions.
(4) A member of the Authority may at any time resign
his office by instrument in writing addressed to the Director who
shall forthwith cause it to be forwarded to the Ministry.
(5) The Director may at any time resign his office by
instrument in writing addressed to the Minister who shall
forthwith cause it to be forwarded to the President.
3A. The Authority shall appoint a suitably qualified person to
be its Secretary.
4. (1) The Director shall prepare and maintain panels of
Attorneys-at-law willing to investigate, report and give an opinion
upon applications for the grant of legal aid, to act for persons
receiving legal aid, to give legal advice under this Act at such
remuneration as may be prescribed or agreed upon; and there may
be separate panels for different purposes and for different Courts.
(2) Every Attorney-at-law shall be entitled to have his name
on the panels or any of them unless there is good reason for excluding
him arising out of his conduct when acting or assigned to act for
persons receiving legal aid or his professional conduct generally.
8 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 9
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(3) Where an Attorney-at-law is aggrieved by any
decision excluding him (whether permanently or temporarily)
from the panels or any of them, he may appeal against the
decision to a Judge and the Judge may confirm or quash the
decision appealed against or may substitute such decision as he
thinks fit.
(4) Subject to section 32(2) any Attorney-at-law may at
any time request the Director to remove his name from the panels
or any of them and the Director shall comply with the request.
(5) Subject to this Act, the Director shall pay to an
Attorney-at-law, investigating and reporting or giving an opinion
upon application for the grant of legal aid or acting for a person
receiving legal aid or giving legal advice under this Act, such fees
as the Director in his discretion may determine.
4A. (1) The Director shall prepare and maintain panels of
Attorneys-at-law to be known as Duty Counsel who are willing to—
(a) provide legal representation for a minor as soon
as possible after the minor is detained on
suspicion of having committed an offence; or
(b) provide legal representation for persons
detained on suspicion of having committed a
capital offence or such other indictable offence
as the Minister may, by Order, subject to
negative resolution of Parliament, specify.
(2) Every Duty Counsel shall be entitled to have his
name on the panels or any of them unless there is good reason for
excluding him arising out of his conduct when acting or assigned
to act for persons receiving legal representation or his
professional conduct generally.
(3) Where a Duty Counsel is aggrieved by any decision
excluding him, whether permanently or temporarily, from the
panels or any of them, he may appeal against the decision to a
Judge and the Judge may confirm or quash the decision appealed
against or may substitute such decision as he thinks fit.
Duty Counsel.
[3 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(4) A Duty Counsel may, at any time, request the
Director to remove his name from the panels or any of them and
the Director shall comply with the request.
4B. The Director shall establish and maintain a panel of
skilled mediators.
5. (1) There is hereby established a Legal Aid and Advice
Fund which shall consist of—
(a) such amounts as may be appropriated therefor
annually or otherwise by Parliament;
(b) such other amounts as may from time to time be
paid in to the Authority in accordance with the
provisions of this Act or for any purposes
connected therewith.
(2) The moneys of the Fund in any financial year shall
be applied in defraying the following charges:
(a) the remuneration and allowances of the Director,
the Secretary and the staff of the Authority and
the out-of-pocket and travelling expenses of the
other members of the Authority;
(b) the working operations and establishment
expenses and expenditure on, or provisions for,
the proper discharge of the functions and duties
of the Authority;
(c) any other expenditure authorised by the Authority.
5A. (1) The Authority is exempt from all taxes, duties, fees,
charges, assessments, levies and imposts on its profit or on assets
which it acquires for its own use.
(2) Where—
(a) goods are imported by the Authority for and on
behalf of the Authority; or
(b) the commercial sale of goods or services to the
Authority is in the opinion of the Board of
Inland Revenue, required for the purposes of
the Authority,
the goods and services shall be exempt from Value Added Tax.
10 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
Panel of
mediators.
[18 of 1999
3 of 2012].
Establishment
of Legal Aid
and Advice
Fund and
application of
moneys of
Fund.
Exemption from
tax.
[18 of 1999].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 11
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Accounts of the
Authority.
Ch. 69:01.
Custody and use
of Seal.
Meetings and
procedure at
meetings of the
Authority.
6. (1) The accounts of the Authority shall be audited
annually by auditors appointed by the Authority or under the
supervision of the Auditor General in accordance with the
Exchequer and Audit Act.
(2) As soon as the accounts of the Authority have been
audited, the Authority shall forward to the Minister a copy of the
audited statements of accounts and any report made on these
accounts by the Auditors.
(3) The Minister shall cause a copy of every such
statement and report to be laid before Parliament at the same time
as the annual report referred to in section 12 is so laid.
7. (1) The Seal of the Authority shall be kept in the custody
either of the Director or of the Secretary, as the Authority may
determine, and may be affixed to instruments in the presence of
the Director and the Secretary.
(2) The Seal of the Authority shall be attested by the
signature of the Director and the Secretary.
(3) All documents, other than those required by law to
be under seal made by, and all decisions of, the Authority may be
signified under the hand of the Director or the Secretary.
(4) Service upon the Authority of any notice, order or
other document shall be executed by delivering the same or by
sending it by registered post addressed to the Secretary at the
office of the Authority.
8. (1) The Authority shall meet at least once a month and at
such other times as may be necessary or expedient for the
transaction of business, and the meetings shall be held at such place
and time and on such days as the Authority may determine.
(2) The Director may at any time call a special meeting
of the Authority and shall call a special meeting within seven
days of the receipt of a requisition for that purpose addressed to
him by any three members.
(3) The Director, or in his absence, a member elected by
the Authority, shall preside at all meetings of the Authority.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Policy
directions.
Out-of-pocket
grants to
members of the
Authority.
Execution of
documents.
Financial year
and annual
report of
Authority.
[3 of 2012].
(4) Four members of the Authority shall form a quorum.
(5) The Director shall have a casting vote only.
(6) Minutes in proper form of each meeting shall be kept
by the Secretary and shall be confirmed by the Director, or in his
absence the person elected to act in his place, at a subsequent
meeting. Certified copies of the minutes when so confirmed shall
be forwarded to the Minister.
(7) The Authority may co-opt any one or more persons
to attend any particular meeting of the Authority for the purpose
of assisting or advising the Authority, but no such co-opted
person shall have any right to vote.
(8) Subject to this section, the Authority may by standing
orders regulate its own proceedings and procedure at meetings.
9. In the exercise and performance of its functions under this
or any other written law, the Authority shall act in accordance with
any general directions of the Minister; but subject to this section, the
Authority shall, when exercising and performing its functions, be
subject to the control or direction of no other person or authority.
10. For the purpose of defraying the reasonable out-of-
pocket and travelling expenses incidental to his office every
member of the Authority shall be paid such allowances as may be
approved by the Minister.
11. (1) Any document requiring to be executed by the
Authority shall be deemed to be duly executed if signed by the
Director or the Secretary.
(2) Any cheque, bill of exchange or order for the
payment of money required to be executed by the Authority shall
be deemed to be duly executed if signed by a person or persons
authorised by this Act or by resolution of the Authority.
12. (1) The financial year of the Authority shall be a twelve-
month period ending 30th September.
12 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 13
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Appointment
of staff.
Transfer and
secondment of
officers.
[18 of 1999].
Ch. 23:01.
Sub. Leg.
(2) Subject to subsection (3), the Authority shall within
three months of the end of each financial year make a report of
its proceedings and of the operation of this Act in respect of that
financial year to the Minister who shall within two months of the
receipt of the report lay it before Parliament.
(3) The first report under this section shall be in respect
of the period ending on 31st December 1976.
13. (1) The Authority may, with the approval of the
Minister, appoint on such terms and conditions as it thinks fit, an
Accounts Officer, auditors and such other officers and staff for
the purpose of carrying out the provisions of this Act.
(2) All officers charged with the receipt, accounting for,
or disbursement of moneys belonging to the Authority shall be
individually responsible for the due and efficient discharge of
their respective duties and the exercise of the proper supervision
of the accounts kept and controlled by them and of all property
entrusted to their care, and for the due observance of all rules
and regulations, and of all orders and instructions prescribed for
their guidance.
(3) The Authority may require any officer or servant in
its service to give security to its satisfaction for the due execution
of his duties.
13A. (1) An officer in the Public Service or in the Authority
may, with the approval of the appropriate Service Commission
and the Authority, consent to be appointed on transfer or consent
to be seconded to the service of the Authority or the Public
Service as the case may be.
(2) The officer shall, upon transfer, have preserved his
superannuation and pension rights accruing at the time of transfer.
(3) The provisions of regulation 31 of the Civil Service
Regulations apply to officers on secondment.
(4) A period of secondment shall not exceed five years.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Cash deposits
and payments.
Rules made by
the Authority.
14. (1) All moneys of the Authority accruing from its
operations under this Act shall be paid into the prescribed bank or
banks and the moneys shall, as far as practicable, be paid into the
bank from day to day, except such sums as the Accounts Officer
may be authorised by Rules of the Authority to retain to meet
petty disbursements for immediate use.
(2) All payments out of the funds of the Authority except
petty disbursements not exceeding such sums fixed by the Rules,
shall be made by the Accounts Officer or on his behalf by any other
officer appointed by the Authority in accordance with the Rules.
(3) Cheques against any banking account required to be
kept or withdrawals from any savings bank account and bills of
exchange or orders for payment of money shall be signed by the
Accounts Officer or on his behalf by an officer appointed by the
Authority and countersigned by the Director or any member of the
Authority or any officer of the Authority appointed by resolution of
the Authority for the purpose; and a copy of any such resolution shall
be certified by the Chairman of the meeting at which the resolution
was passed and forwarded to the bank or banks concerned.
15. For the purpose of regulating and controlling its financial
procedures, the Authority may with the approval of the Minister
of Finance make Rules in respect of all matters necessary for the
proper keeping and control of the finances of the Authority and
in particular in respect of—
(a) the manner in which and the officers by whom
payments are to be approved;
(b) the bank or banks into which the moneys of the
Authority are to be paid, the title of any account
with any such bank, and the transfer of one fund
from one account to another;
(c) the appointment of a member of the Authority to
countersign cheques on behalf of the Director or
in the absence of the Director;
(d) the sum to be retained by the Accounts Officer
to meet petty disbursements for immediate
payments and the maximum sum that may be so
disbursed for any one payment; and
14 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 15
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Power of
Authority to set
up programmes.
[18 of 1999].
Legal
representation
for suspects by
Duty Counsel.
[3 of 2012].
Form 3.
Third Schedule.
(e) the method to be adopted in making payments
out of the funds of the Authority.
15A. (1) The Authority may develop and operate programmes
for the purpose of improving its efficiency.
(2) A programme made under this section may be varied
or revoked by a subsequent programme.
(3) The Authority may, with the approval of the Minister
and subject to negative resolution of Parliament, make
Regulations for the purpose of administering any programme
made pursuant to this section.
PART IIA
LEGAL REPRESENTATION FOR SUSPECTS
BY DUTY COUNSEL
15B. (1) Where a suspect is detained, the senior officer in
charge of the police station or other place of detention shall, as
soon as possible inform the authority of—
(a) the name of the suspect and, where the suspect
is a minor, the age of the suspect;
(b) the nature of the offence; and
(c) the location where the suspect is being detained.
(2) Immediately upon being informed under subsection (1),
the Director shall, without reference to the Court or the Authority,
make arrangements for an Attorney-at-law referred to in section 4A
(“the Duty Counsel”) to provide legal representation for the suspect
until such time as—
(a) the suspect, or his parent or guardian, has
appointed an Attorney-at-law and has signed in
the appropriate place the Duty Counsel
Certificate in Form 3 of the Third Schedule to
signify that he has discharged the Duty Counsel;
(b) the Duty Counsel, with the leave of the Director,
discontinues his services to the suspect;
(c) the suspect is released without being charged; or
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(d) the suspect is charged with an offence and,
where applicable, legal aid is granted to him
under this Act.
(3) Where arrangements are made under subsection (2),
the Director shall forthwith inform the police officer referred
to in subsection (1) of the name of the Duty Counsel assigned
to the suspect.
(4) As soon as practicable after making arrangements
under subsection (2), the Director shall, without reference to the
Court or the Authority, issue a Duty Counsel Certificate in the
form set out as Form 3 in the Third Schedule.
(5) The Director shall establish and maintain a register
of all Duty Counsel Certificates issued under subsection (4).
(6) The Director shall forward a copy of each Duty
Counsel Certificate to the suspect, the Duty Counsel, a First
Division Officer of the relevant police station and to the
Commissioner of Police.
(7) A Duty Counsel may commence the provision of
legal representation for a suspect before the issuance of a Duty
Counsel Certificate.
(8) A Duty Counsel Certificate shall remain in force until
the occurrence of an event referred to in subsection (2)(a) to (d).
(9) A Duty Counsel shall notify the Director in writing
of the date on which he ceased to provide legal representation for
a suspect under this section and the Director shall endorse the
date on the relevant Duty Counsel Certificate.
(10) A Duty Counsel shall not, without the leave of the
Director, discontinue his provision of legal representation for a
suspect while the relevant Duty Counsel Certificate is in force,
but any other Attorney-at-law may appear on behalf of the
Duty Counsel.
(11) The fees payable to a Duty Counsel are those set
out in the Fourth Schedule.
16 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
Form 3.
Third Schedule.
Fourth
Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 17
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(12) In this section, “suspect” means a person required
to be provided with legal representation under section 4A.
(13) The Minister may by Order, subject to negative
resolution of Parliament, amend the Fourth Schedule.
PART III
LEGAL AID IN SUMMARY MATTERS
16. (1) Subject to subsection (6), this section applies to the
giving of legal aid in connection with proceedings of a
description mentioned in Part I of the First Schedule.
(2) Where a person is charged before a Court of
summary jurisdiction with an offence to which this section
applies, the Court may order that he shall, subject to this section,
be given legal aid for the purpose of the proceedings before the
Court or in the circumstances mentioned in paragraph 5 of Part I
of the First Schedule, for the purpose of so much of those
proceedings as relates to the grant of bail.
(3) Where—
(a) a minor is charged with any offence before a
Court of summary jurisdiction; or
(b) a person is a party, to or in the circumstances
mentioned in paragraph 5 of Part I of the First
Schedule, for the purpose of so much of those
proceedings as relates to the grant of bail, to any
proceeding described in Part I of the First Schedule,
he may apply to the Court for legal aid and the Court may order
that the person shall be granted legal aid for the purpose of the
proceedings to which he is a party.
(4) Where a party desires to appeal to the Court of
Appeal against the order of a Court of summary jurisdiction, that
Court or the Court of Appeal may order that either party to the
proceedings be given legal aid for the purpose of the appeal.
(5) Where a Court of summary jurisdiction is of the
opinion, on the facts brought before it, which may include a report
Fourth
Schedule.
Legal aid in
Courts of
summary
jurisdiction.
[18 of 1994
18 of 1999].
Part I.
First Schedule.
Part I.
First Schedule.
Part I.
First Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
by the Director, that the person making the application is without
adequate means to obtain legal aid and that it is desirable in the
interest of justice that such legal aid should be supplied, it shall
certify this to the Director, who may thereupon cause arrangements
to be made for the representation of that person and payment for the
preparation and conduct of the trial or appeal and, where necessary
for the payment of the expenses of all material witnesses.
(5A) Any doubt whether the means of an applicant are
sufficient to enable him to obtain legal aid or whether it is
desirable in the interest of justice that he should have free legal
aid shall be resolved in favour of the applicant.
(5B) Nothing in subsection (3) shall require a Court of
summary jurisdiction, in the circumstances mentioned in
paragraph 5 of Part I of the First Schedule, to order that the person
charged before it be given legal aid for the purposes of the
proceedings before that Court and any juvenile Court as distinct
from legal aid for the purpose of so much of those proceedings as
relates to the grant of bail or, in those circumstances, to make an
order for the giving of legal aid after the conviction of that person.
(5C) Paragraphs (B) and (C) of subsection (5) shall have
effect in their application to a person who has not attained the age
of sixteen years as if the references to a remand in custody and to
being remanded, committed or kept in custody included
references to being committed under section 74 of the Children
Act to custody in a place of detention provided under Part IV of
that Act and named in the commitment.
(6) The fees payable to an Attorney-at-law are those set
out in Part II of the First Schedule.
16A. (1) Where a person desires legal aid as a matter of
urgency in respect of proceedings for and in relation to an
application made under the Domestic Violence Act, the Director
shall have power without reference to the Court or the Authority
to issue an Emergency Certificate.
18 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
Part I.
First Schedule.
Ch. 46:01.
Part II.
First Schedule.
Emergency
Certificate for
domestic
violence
applications.
[18 of 1999].
Ch. 45:56.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 19
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) An applicant for an Emergency Certificate shall give
such information as may be required to enable the Director to
determine whether—
(a) the applicant is likely to fulfil the conditions
under which legal aid may be granted under the
Act and these Regulations; and
(b) it is in the interest of justice that the applicant
should, as a matter of urgency, be granted legal aid,
and shall furnish such additional information and documents as
may be sufficient to constitute an application for a legal aid
certificate under the Act.
(3) Where it appears to the Director that an applicant
cannot at the time of the application reasonably furnish the
information, or any part of it, the Director shall nevertheless have
power to issue an Emergency Certificate subject to such
conditions as to the furnishing of additional information as he
thinks reasonable.
(4) An application for an Emergency Certificate shall
be in the form set out as Form 1 in the Third Schedule and the
said certificate shall be in the form set out as Form 2 of the
Third Schedule.
(5) An Emergency Certificate shall have the same effect
in all respects as a legal aid certificate.
(6) An Emergency Certificate shall remain in force for a
minimum period of six weeks and a maximum period of three
months, as the Director in his discretion shall decide, and unless
a legal aid certificate is issued within that period in respect of the
said proceedings the Emergency Certificate shall be deemed to
have been revoked.
(7) Notwithstanding subsection (6), where it appears to
the Authority that the circumstances of any particular application
so warrant, the Authority may extend an Emergency Certificate
for such further period as it thinks fit.
Form 1.
Form 2.
Third Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
20 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
(8) If within any period during which an Emergency
Certificate is in force the Magistrate refuses the application for a
legal aid certificate the Director shall forthwith revoke the
Emergency Certificate.
(9) Upon an Emergency Certificate being extended or
being deemed to be revoked under subsection (8), the Director
shall forthwith issue a notification to the Court and to the
applicant to that effect.
LEGAL AID IN CRIMINAL PROCEEDINGS IN
THE HIGH COURT AND APPEAL THEREFROM
17. (1) Any person committed for trial under the Indictable
Offences (Preliminary Enquiry) Act, may, at any time after
committal apply in the prescribed form to a Judge of the High
Court of Justice for legal aid for his defence.
(2) (Repealed by Act No. 3 of 2012).
(3) Every application under this section shall be
accompanied by an affidavit verifying the facts stated in the
application.
18. (1) Any person convicted of and sentenced for an offence
by the High Court who desires to appeal to the Court of Appeal
against the conviction or sentence may apply in the prescribed
form to the Judge of the High Court or a Judge of the Court of
Appeal for legal aid for the preparation and conduct of such appeal.
(2) Any person making an application for legal aid
under this section may be required to furnish an affidavit
verifying any facts stated in the application.
19. (1) Where application is made to a Judge under section
17 or 18 the Judge may refer the application to the Director for a
report on the means of the applicant.
(2) If the Judge is of opinion on the facts brought before
him, which may include a report by the Director, that the person
making the application is without adequate means to obtain legal
Applications for
legal aid for
defence of
persons before
the High Court.
Ch. 12:01.
[15 of 1979
18 of 1999
3 of 2012].
Application for
legal aid for
criminal
appeals.
[18 of 1999].
Legal aid
certificate.
[15 of 1979
18 of 1999].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 21
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
aid and that it is desirable in the interest of justice that such legal
aid should be supplied, he shall certify this to the Director, who
may thereupon cause arrangements to be made for the
representation of that person and payment for the preparation and
conduct of the trial or appeal and, where necessary, for the payment
of the expenses of all material witnesses.
(3) Any doubt whether an applicant’s means are
sufficient to enable him to obtain legal aid or whether it is
desirable in the interest of justice that he should have free legal
aid shall be resolved in favour of the applicant.
(4) The fees and expenses payable to an Attorney-at-law
assigned to any applicant in the High Court of Justice or the
Court of Appeal are those set out in Part III of the First Schedule.
19A. The Minister may, by Order, amend Parts I, II and III of
the First Schedule and such Order shall be subject to negative
resolution of Parliament.
PART IV
LEGAL AID IN CIVIL ACTIONS IN THE
SUPREME COURT
20. (1) The proceedings in connection with which legal aid
may be given are any proceedings of a description mentioned in
Part I of the Second Schedule except proceedings mentioned in
Part II of the Second Schedule.
(2) The Minister may, by Order, amend the Second
Schedule and such Order shall be subject to negative resolution
of Parliament.
(3) An Order made for the purpose of this section shall
not provide for giving legal aid in connection with any proceedings
before any Court or tribunal before which persons have no right
and are not normally allowed to be heard by an Attorney-at-law.
21. (1) Any person who, whether in his own right or in a
representative capacity, desires to be granted legal aid under this
Part III.
First Schedule.
Amendment to
First Schedule.
[18 of 1999].
Scope and
general
conditions of
legal aid and in
civil actions.
Part I & Part II.
Second
Schedule.
[18 of 1999].
Application for
legal aid.
[18 of 1999
3 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Part shall make application in that behalf to the Director. Every
such application shall be in the prescribed form and accompanied
by an affidavit verifying the facts in the application.
(2) Where the person who desires to be granted legal aid
is a minor or a person under disability, the application under this
section shall be made on behalf of the minor or the person under
disability, by his guardian.
(3) Where any application is made on behalf of a minor
under subsection (2) then—
(a) a reference in section 22 or in section 23(2)(a) to
an applicant shall be construed as a reference to
the guardian and the minor jointly or to either of
them severally; and
(b) a reference in section 23(2)(b) as modified by
section 25(2), to an applicant shall, in any case
where the minor is unmarried and the guardian is
a near relative (as defined in subsection (4) of this
section) of the minor, be construed as a reference
to both the guardian and the minor and in every
other case shall be construed as a reference to the
minor only.
(4) In subsection (3) the expression “near relative” means—
(a) in the case of a minor other than an adopted
minor, the father, mother or guardian;
(b) in the case of an adopted minor, an adopted parent.
(c) (Deleted by Act No. 3 of 2012).
(5) Where an application is made on behalf of a person
under disability under subsection (2) then a reference in—
(a) section 22 to an applicant shall be construed as
a reference to the person under disability;
(b) section 23(2)(a) to an applicant shall be
construed as a reference to the person under
disability;
(c) sections 23(2)(b) and 25 to an applicant shall
be construed as a reference to the person
under disability.
22 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(6) In this section “person under disability” means a
person not being a minor who is a person under disability
pursuant to Order 77 of the Supreme Court of Judicature Rules.
22. Where an application is made under the provisions of
section 21, the Director may—
(a) make such inquiries as he thinks fit as to the
means and condition of the applicant and as to
the merits of the case;
(b) require the applicant to furnish such information
and such documents as the Director may require
for the purpose of considering the application;
(c) require the applicant to attend personally;
(d) refer the application or any matter arising out of
the application to any Attorney-at-law whose
name is on the appropriate panel maintained
pursuant to section 4 to investigate the facts and
make a report thereon or to give any opinion
thereon or on any question of law arising out of
the application;
(e) take or cause to be taken such steps as may be
necessary to conserve the interests of the applicant
pending determination of his application;
(f) defray expenses incidental to any of the
foregoing matters out of any funds in his control
which are available for the purpose.
23. (1) Before approving an application for legal aid the
Director shall refer the application to the Authority.
(1A) Where a legal aid certificate is granted the Director
may require the applicant to submit to mediation as a means of
resolving the matter, if, in the opinion of the Director, mediation
is considered to be appropriate, in the circumstances.
(1B) The cost of mediation shall be paid for by the
Authority.
Power of
Director to
make inquiries.
Grant of legal
aid certificates.
[46 of 1979
18 of 1999
3 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(2) The Director may thereupon grant to the applicant a
certificate (in this Act referred to as a “legal aid certificate”) that
the applicant is entitled under this Act to legal aid in connection
with any proceedings where—
(a) the Authority is of the opinion that the applicant
has reasonable grounds for taking, defending,
continuing or being a party thereto; and
(b) he is satisfied—
(i) that the applicant is not possessed of or
entitled to disposable capital of a total value
of more than twenty thousand dollars; and
(ii) that the disposable income of the
applicant does not exceed thirty-six
thousand dollars a year.
(3) The Minister may, by Order, amend subsection (2) and
such Order shall be subject to negative resolution of Parliament.
24. (1) Where there are extenuating circumstances, the
Director may approve an application for legal aid even though the
applicant does not meet the necessary requirements.
(2) An approval given by the Director under subsection (1)
shall be ratified by the Authority at its next meeting.
25. (1) For the purposes of section 23—
“disposable capital” means the property of which the applicant is
possessed or to which he is entitled exclusive of—
(a) the subject matter of the proceedings;
(b) wearing apparel of the applicant;
(c) tools of trade of the applicant;
(d) household furniture used by the applicant in
his house;
(e) a dwelling house owned, used and exclusively
occupied by the applicant and his family as his
house assessed at an annual value of not more
than one hundred and fifty dollars;
24 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
Extenuating
circumstances.
[3 of 2012].
“Disposable
capital” and
“disposable
income”.
[18 of 1999
3 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
“disposable income” means the income of the applicant together
with the income (if any) of the spouse of the applicant,
during the period of twelve months next preceding the
making of the application, after deducting therefrom—
(a) an amount equal to two thousand, four hundred
dollars a year for each person totally or partially
dependent on the applicant or spouse up to a
maximum of seven thousand, two hundred dollars;
(b) an amount equal to four thousand, three hundred
and twenty dollars a year for the applicant;
(c) rent not exceeding nine thousand, six hundred
dollars a year;
(d) contributions being made to the National
Insurance Board;
(e) any income tax payments;
(f) National Insurance Board pensions;
(g) old age pensions;
(h) public assistance benefits; and
(i) disability benefits.
(2) For the purposes of section 23(2)(b) the Director may,
in any case where an applicant is living in the same property
with, or separate or apart from, his or her spouse, as the case may
be, and where it appears to him in his absolute discretion to be
reasonable to do so to relieve hardship, disregard the income of
the spouse.
(3) Notwithstanding the provisions of section 23 the
Director may refuse legal aid if it appears to him unreasonable
that the applicant should receive it in the particular circumstances
of the case.
(4) For the purposes of this section, “spouse” includes a
cohabitant as defined in the Cohabitational Relationships Act.
26. (1) The contribution payable to the Director by any person
to whom a legal aid certificate is granted under the provisions of
section 23 in respect of any proceedings may include—
(a) a contribution in respect of property not greater
than the amount, if any, by which his disposable
capital exceeds fifteen thousand dollars; and
Ch. 45:55.
Contributions
from aided
persons.
[3 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(b) a contribution in respect of income not greater
than half the amount, if any, by which his
disposable income exceeds thirty thousand
dollars a year.
(2) Any such person may be required to make any
contribution in one sum or by instalments.
(3) If the total contribution made by a person in respect
of any proceedings is more than the net liability of the Director
on his account, the excess shall be repaid by him.
(4) Except so far as Regulations otherwise provide, any
sums remaining unpaid on account of a person’s contribution in
respect of any proceedings and, if the total contribution is less
than the net liability of the Director on his account, a sum equal
to the deficiency shall be a first charge on any property (wherever
suitable) which is recovered or preserved for that person in the
proceedings.
(5) The reference in subsection (4) to property
recovered or preserved for any person, shall include his rights
under any settlement or compromise arrived at to avoid or bring
to an end the proceedings and any sums recovered by virtue of an
order for costs made in favour of the proceedings (not being sums
payable to the Director under section 31 or 33).
(6) The charge created by subsection (4) on any
damages or costs shall not prevent a Court allowing them to be
set-off against other damages or costs in any case where an
Attorney’s-at-law lien for costs would not prevent it.
(7) References in this section to the net liability of the
Director on any person’s account in relation to any proceedings
refer to the aggregate amount of the sums paid or payable by the
Director on that person’s account and where the person has been
represented in the proceedings by the Director, such sums as
would in the opinion of the Director have been payable on that
person’s account had he been represented by an Attorney-at-law
assigned to him, in respect of those proceedings, and not recouped
by sums which are recovered by virtue of an order or agreement
for costs made in his favour with respect to those proceedings.
26 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 27
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
27. (1) The Director may, at any time and whether or not
application has been made for the purpose, cancel any legal aid
certificate issued under section 23 and subject to subsection (2)
as from the date of the cancellation, the person to whom the legal
aid certificate was granted shall cease to be an aided person.
(2) Where the legal aid certificate so cancelled has been
filed in the registry of any Court, the Director shall file in Court
a notification of the cancellation, and, as from the date of filing
of the notification, the person to whom the legal aid certificate
was granted shall cease to be an aided person.
(3) Upon the filing in Court of the notification, then,
unless otherwise ordered by a Judge of the Court in which the
litigation is pending, all proceedings in the litigation shall, by
virtue of this subsection, be stayed for a period of fourteen days
and, subject as aforesaid, during such period, time fixed by or
under any Act or by or under any Rules of Court, Regulations or
otherwise for the doing of any act or the taking of any step in the
proceedings shall not run.
(4) The time during which proceedings are stayed by
virtue of subsection (3) may be reduced or extended by order of
a Judge of the Court in which litigation is pending.
(5) The Director shall take such steps as seem to him
reasonable or necessary to inform the person to whom a legal aid
certificate has been granted of the cancellation of any such certificate.
28. If, in relation to any proceedings to which a person who
has made an application for legal aid under this Part or an aided
person is a party, any other party makes application for legal aid
under this Part, this Act shall apply to both such parties; but the
Director shall not himself act for either such party but shall assign
an Attorney-at-law whose name is on the appropriate panel of
Attorneys-at-law maintained pursuant to section 4 to act for each
aided person.
29. (1) Where a legal aid certificate is granted pursuant to
section 23 the Director may act for the aided person or may
Cancellation of
certificate.
[3 of 2012].
Application for
aid by more
than one party.
Assignment of
an Attorney-at-
law.
[18 of 1999
3 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
assign an Attorney-at-law from the appropriate panel, maintained
pursuant to section 4, so to act and the Director may, in assigning
an Attorney-at-law, take into account the wishes of the aided
person and in such a case shall endorse on the legal aid certificate
the name of the Attorney-at-law so assigned.
(1A) In any case where an Attorney-at-law is assigned to
act after the certificate is filed in Court, or in any case where a
new assignment is made in lieu of an Attorney-at-law assigned
previously, the Director shall not be required to endorse on the
certificate the name of the Attorney-at-law so assigned or newly
assigned as the case may be, but may, instead, give notice of the
assignment or new assignment by letter to the proper officer of
the Court in which proceedings are pending.
(2) Before taking any other step in the proceedings the
Director or the Attorney-at-law so assigned shall file the legal aid
certificate in the Registry of the Court in which the proceedings
are pending or are to be taken and no Court fee shall be charged
in respect of the filing of the certificate.
(3) Where any legal aid certificate is so filed the aided
person—
(a) shall not be liable in respect of any proceedings
to which the certificate relates for Court fees or
for such fees payable for the service of process
or for any fees due to the Registrar in connection
with the execution of process;
(b) shall be entitled to be supplied free of charge with
a copy of the Judge’s notes of evidence in any
proceedings to which the certificate relates; and
(c) shall not, except where express provision is made
in this Act, be liable for costs to any other party in
any proceedings to which the certificate relates.
(4) Subject to the provisions of sections 26 and 30, no
person who, pursuant to any reference under this Act, makes any
investigation or report or gives any opinion or who pursuant to
any assignment under this Act conducts any proceedings, shall
take or agree to take or seek from an aided person any fee, profit
or reward (pecuniary or otherwise) in respect thereof.
28 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 29
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(5) Any person who contravenes the provisions of
subsection (4) shall be liable, in the case of an Attorney-at-law to
have his name removed from the panel by the Authority, and in
the case of an employee shall be subject to such disciplinary
action as the Authority deems fit.
30. (1) The Director may require any applicant for legal aid
under this Part, or any person to whom a legal aid certificate has
been granted under section 23, to deposit with him such amounts at
such times as the Director may think fit to be used in or towards
meeting out-of-pocket expenses (not including office expenses)
incurred in connection with the application or with any proceedings
to which the application or the legal aid certificate relates.
(2) Any amounts so deposited shall be used only for the
payment of such out-of-pocket expenses and any part of any such
amount not so expended shall be refunded.
(3) In any case where the Director is satisfied that the
making of a deposit under subsection (1) would occasion hardship,
the Director may, out of any funds in his control which are available
for the purpose, from time to time, meet any out-of-pocket expenses
(not including office expenses) or make such advances to meet such
out-of-pocket expenses as he may consider necessary.
(4) Any advance so made shall be used only for
payment of such out-of-pocket expenses and any part of such
amount not so expended shall be refunded to the Director.
31. (1) Where it appears to a Court or Judge that a legal aid
certificate granted under section 23 has been obtained by fraud
or misrepresentation, the Court or Judge may so declare and
order the aided person to pay the costs of the Director or of the
Attorney-at-law who acted for him or the costs of the other
party, or the costs of the Director or such Attorney-at-law and
such party.
(2) In subsection (1) a reference to an “aided person”
shall include, in any case where the legal aid certificate has been
cancelled before the making of the order, the person who
immediately before the cancellation was the aided person.
Deposit in
respect of
out-of-pocket
expenses.
Court may order
payment of
costs by aided
person in certain
event.
[18 of 1999
3 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(3) Where it appears to a Court or Judge that an aided
person has acted improperly in bringing or defending any legal
proceedings or in the conduct of them the Court or Judge may so
declare and order the aided person to pay the costs of the Director
or of the Attorney-at-law who acted for him or the costs of the other
party, or the costs of both the Director or such Attorney-at-law.
(4) Where an order is made under subsection (1) or
subsection (3) the costs shall be taxed as if the party ordered to
pay them were not an aided person.
(5) The costs so ordered to be paid shall, unless
otherwise directed by the order, include—
(a) fees and charges of the nature referred to in
section 29(3)(a) and (b); and
(b) any sums which, pursuant to section 30(3) were
expended by the Director in meeting out-of-
pocket expenses or were advanced by the
Director for that purpose.
(6) Where the costs of the Director or the Attorney-at-
law who acted for the aided person ordered to be paid under
subsection (1) or subsection (3) include any of the fees, charges
or sums referred to in subsection (5), then if any amount is
recovered by the Director in respect of the costs the same shall be
applied in the first instance in or towards the satisfaction of such
fees, charges or sums.
32. (1) An aided person shall not without the leave of the
Director discharge any Attorney-at-law assigned to act under this
Part for him.
(2) Where an aided person discharges the Attorney-at-
law assigned to act for him the Director may in his discretion
revoke the legal aid certificate granted pursuant to section 23.
(3) Any Attorney-at-law assigned to act for an aided
person shall not discontinue his services without the leave of the
Director, but any Attorney-at-law may be represented by any
other Attorney-at-law.
30 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
Legal aid not to
discontinue
without leave.
[18 of 1999].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 31
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
33. (1) The Court in which proceedings are taken to which
an aided person is a party shall make, in favour of the aided
person, the like order for costs (except against another aided
person) as that Court would have made had he not been an aided
person, and in proceedings in which costs follow the event an
aided person shall (except against another aided person) be
entitled to costs in like manner as if he were not an aided person,
notwithstanding that no amount is or will be payable by the aided
person, or that the costs are in excess of the amount which is or
will be payable by the aided person.
(2) Subject to subsection (2A) where any money is
recovered by an aided person (whether in proceedings or by virtue
of a settlement or compromise) he is liable to pay to the Authority
so much of the money as is recovered in respect of costs.
(2A) Where, however, the Authority has paid or is liable
to pay sums greater than the moneys recovered in respect of costs
the Authority may retain money from the judgment sum, such
amount to be limited to that which the Authority has expended
over and above the award of costs or the formula in subsection (4),
whichever is the smaller.
(3) For the purposes of subsection (2) the moneys
recovered in respect of costs shall be deemed to be so much of
the total amount so recovered as exceeds the amount (if any)
recoverable by the aided person otherwise than as costs.
(4) Where—
(a) the amount recovered does not exceed four
thousand dollars, no sum shall be payable by the
aided person under subsection (2);
(b) the amount recovered exceeds four thousand
dollars, the sum payable by the aided person
under this subsection shall not exceed—
(i) one-fourth of the amount recovered; or
(ii) the difference between the amount received
and the amount of four thousand dollars,
whichever is less.
Costs.
[46 of 1979
18 of 1999
3 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(5) Without prejudice to the generality of subsections
(1) to (4) the expression “costs” includes—
(a) Attorney’s-at-law fees whether or not they have
been paid; and
(b) fees and charges of the nature referred to in
section 29(3)(a) and (b); and
(c) any sums which, pursuant to section 30(3), are
expended by the Director in meeting out-of-
pocket expenses or are advanced by the Director
for that purpose.
(6) Where the costs recovered by the Director under this
section include any of the fees, charges or sums referred to in
subsection (5)(a) and (b), such costs shall be applied, in the first
instance, in and towards satisfaction of such fees, charges or
sums.
34. (1) Where litigation has been instituted and any party
makes an application for legal aid under this Act, the Director
shall, as soon as practicable after the application is made, notify
by memorandum the other party or each of the other parties, and
file the memorandum in the Court in which the litigation is
pending; and no fee shall be charged in respect of the filing of the
memorandum.
(2) Subject to subsections (3) and (4), where any
memorandum is so filed, then, unless otherwise ordered by a Judge
of the Court in which the litigation is pending, all proceedings in
the litigation shall, by virtue of this section be stayed for a period
of fourteen days, and during the period (unless otherwise ordered
by any such Judge) time fixed by or under any Act or by or under
any Rules of Court, Regulations or otherwise for the doing of any
act or the taking of any step in the proceedings shall not run.
(3) The filing of the memorandum shall not operate to
prevent the making of—
(a) an interlocutory order for an injunction or for
the appointment of a receiver or manager or
receiver and manager;
32 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
Stay of
proceedings
upon making of
application for
legal aid.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 33
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) an order to prevent the lapse of a caveat against
dealings with land; or
(c) any other order which, in the opinion of a Judge
of the Court in which the litigation is pending, is
necessary to prevent an irremediable injustice.
(4) Unless otherwise ordered by a Judge of the Court in
which the litigation is pending, the filing of the memorandum shall
not operate to prevent the institution or continuance of proceedings
to obtain, enforce or otherwise carry into effect any such order as
is mentioned in subsection (3)(a) or a decree to the like effect.
(5) The time during which proceedings are stayed by
virtue of this section may be reduced or extended by order of a
Judge of the Court in which the litigation is pending.
35. (1) Where a legal aid certificate granted pursuant to
section 23 has been filed in any Court, and the proceedings to
which the certificate relates have been heard in that Court, and
the aided person desires to prosecute any appeal or proceedings
in the nature of an appeal therefrom, he shall not be entitled to
prosecute the appeal or proceedings in the nature of an appeal as
an aided person unless he files in the Court in which the appeal
or proceedings are to be heard a certificate from an Attorney-at-
law (not being the Attorney-at-law who acted for the aided
person in the proceedings) nominated by the Director stating that
the Attorney-at-law has thoroughly examined the appellant’s case
and is of the opinion that the appellant has good grounds of
appeal, which grounds, together with the reasons therefor, shall
be set out in detail in the certificate.
(2) If any aided person prosecutes any such appeal or
proceedings in the nature of an appeal without having filed the
Attorney’s-at-law certificate referred to in subsection (1) he shall
be deemed not to be an aided person.
36. Where it is necessary or convenient to do so for carrying out
or giving effect to this Part or any Regulations made thereunder, the
Rules Committee may under section 78 of the Supreme Court of
Judicature Act make Rules regulating the practice and procedure of
any Court in which proceedings may be taken by an aided person.
Prosecuting an
appeal or
proceedings.
[3 of 2012].
Rules of Court.
Ch. 4:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
PART V
LEGAL ADVICE
37. (1) Subject to this Part legal advice shall be available to
persons resident in Trinidad and Tobago.
(2) Legal advice shall consist of oral advice on legal
questions given by the Director or an Attorney-at-law whose
name is on the appropriate panel of Attorneys-at-law maintained
pursuant to section 4 and shall include help in preparing an
application for legal aid and in supplying information required in
determining the disposable capital and disposable income of the
applicant but shall not include advice on any law other than the
law of Trinidad and Tobago.
(3) Provision may be made by Regulations under this
Act for further defining or restricting the questions on which
legal advice may be given and for regulating all matters relating
to fees, charges and costs in relation to the giving of legal advice.
(4) A person seeking legal advice shall apply to the
Director and may be required—
(a) to satisfy the Director that he cannot afford to
obtain it in the ordinary way; and
(b) to pay to the Director a fee not exceeding five
hundred dollars, except where the Director is
satisfied that the person is unable to afford
the payment.
(5) The Minister may, by Order, amend the fee
prescribed in subsection (4)(b) and such Order shall be subject to
negative resolution of Parliament.
PART VI
SUPPLEMENTARY
38. Any person seeking or receiving legal aid or advice who,
in furnishing any information in his application, knowingly
makes any false statement or false representation is liable on
summary conviction to a fine of one thousand dollars and
imprisonment for six months.
34 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
Right to and
nature of legal
advice.
[18 of 1999
3 of 2012].
False
statements.
[18 of 1999].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 35
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
39. (1) The like privileges and rights as those which arise from
the relationship of client and the Attorney-at-law acting in his
professional employment shall arise from the following relationships:
(a) the relationship between a person granted legal
aid under the Act and the Director and the
Attorney-at-law (if any) assigned to act for him;
(b) the relationship between an applicant for legal aid
under this Act and the Director and Attorney-at-
law (if any) to whom the application is referred;
(c) the relationship between an aided person and the
Director and the Attorney-at-law (if any) assigned
to act for him in any proceedings to which a legal
aid certificate under section 23 relates;
(d) the relationship between a person seeking legal
advice and the Director and the Attorney-at-law
(if any) by whom the advice is given.
(2) Notwithstanding anything contained in subsection (1),
the privileges therein referred to shall not arise in relation to any
information tendered to the Director concerning the property or
income of the applicant for a legal aid certificate under this Act.
(3) Save as provided by this Act the rights conferred by
this Act on a person receiving legal aid or legal advice shall not
affect the rights or liabilities of other parties to the proceedings or
the principles on which the discretion of any Court or tribunal is
normally exercised.
40. (1) The Minister may make Regulations prescribing all
matters (other than the rules regulating the practice and procedure
of any Court referred to in section 36) which by this Act are
required or permitted to be prescribed or which are necessary or
convenient for carrying out or giving effect to this Act.
(2) Without prejudice to the generality of subsection (1),
the Regulations may—
(a) regulate all matters relating to fees, charges and
costs in relation to proceedings to which an
aided person or a person to whom legal aid is
supplied under Part III is a party;
Privileges
attaching to
certain
relationships.
[18 of 1999
3 of 2012].
Regulations.
[3 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
36 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
(b) remit or provide for the remission of any fees or
charges in any such proceedings;
(c) provide for the communication of the provisions
of Part III to persons committed for trial;
(d) make provision as to the cases in which a person
may be refused legal aid or advice by reason of his
conduct when seeking or receiving legal aid or
advice (whether in the same or in a different
matter);
(e) make provision for the recovery of sums due in
respect of legal aid and for making effective the
charge created by this Act on property
recovered or preserved for a person receiving
legal aid, including provision—
(i) for the enforcement of any order or
agreement for costs made in favour of a
person who has received legal aid; and
(ii) for making an Attorney’s-at-law right to
payment wholly or partly dependent on
his performance of any duties imposed on
him by regulation made for the purpose
of this paragraph;
(f) make any provision necessary to meet the
special circumstances where—
(i) a person seeks legal aid in a matter of
special urgency;
(ii) a person begins to receive legal aid after
having consulted an Attorney-at-law in the
ordinary way with respect to the same
matter, or ceases to receive legal aid before
the matter in question is finally settled;
(g) provide for all matters that are required to give
effect to sections 4 and 15B; and
(h) prescribe any forms to be used pursuant to this Act.
(3) The Regulations may apply generally to all legal
matters, whether relating to proceedings in Court or otherwise, or
may apply to any specified class of matters, proceedings, or to all
matters or proceedings other than matters or proceedings of a
specified class.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 37
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(4) Regulations made by the Minister shall be subject to
negative resolution of Parliament and may prescribe in respect of
any contravention a fine of five hundred dollars.
(5) The Legal Aid and Advice Regulations (formerly
contained in the Third Schedule to this Act) shall be deemed to
be made under this section and may be amended or revoked
under subsection (1).
Section 16(1).
[46 of 1979
18 of 1994
11 of 1999
18 of 1999
3 of 2012
180/2013].
Ch. 13:07.
Ch. 46:07.
Ch. 46:08.
Ch. 45:56.
Ch. 45:52.
Ch. 45:55.
Ch. 27. No. 17.
(1950 Ed.).
Ch. 59:55.
Ch. 6:04.
FIRST SCHEDULE
PROCEEDINGS FOR WHICH LEGAL AID MAY
BE GIVEN UNDER SECTION 16
PART I
DESCRIPTION OF PROCEEDINGS
1. Criminal proceedings in respect of—
(a) indictable offences whether or not determined summarily;
(b) all offences, except motor vehicle offences charged in a
Court of summary jurisdiction;
(c) contempt proceedings in the Magistrates’ Court;
(d) plea discussions and plea agreements under the Criminal
Procedure (Plea Discussion and Plea Agreement) Act.
1A. Proceedings falling within the jurisdiction of the Petty Civil Court in
which the liquidated damages claimed is not less than two thousand, five hundred
dollars so, however, that the applicant shall be required to make a contribution
unless he can show that payment of such contribution shall cause him hardship.
2. Proceedings for and in relation to an application under the Status of
Children Act, the Family Law (Guardianship of Minors, Domicile and
Maintenance) Act, the Domestic Violence Act, the Attachment of Earnings
(Maintenance) Act, and the Cohabitational Relationships Act.
3. Proceedings under the Summary Ejectment Ordinance and the Rent
Restriction (Dwelling Houses) Act.
4. Proceedings before a Coroner’s Court under the Coroners Act.
5. An application for bail by a person who is charged with an offence
before a Court of summary jurisdiction and who is brought before the Court in
pursuance of a remand in custody.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
PART II
The fees and expenses to an Attorney-at-law assigned to a person under
section 16(6) shall be as follows:
1. There may be allowed to an Attorney-at-law—
(a) appearing for a minor in proceedings described in paragraph
l(b) of Part I of this Schedule;
(b) appearing for the complainant or defendant in proceedings
described in paragraphs 2 and 3 of Part I of this Schedule; or
(c) appearing in proceedings described in paragraph 4 of Part I
of this Schedule,
a fee not exceeding one thousand, five hundred dollars.
2. There may be allowed to an Attorney-at-law appearing in indictable
proceedings where the Court is of the view that the case is of a grave or
difficult nature a fee not exceeding three thousand dollars.
In any other indictable proceedings, fee to an Attorney-at-law shall not exceed
two thousand dollars. The above sums become due and payable by the Director
on the written authority of a Court of summary jurisdiction.
PART III
The fees and expenses to an Attorney-at-law assigned to an applicant under
section 19(4) shall be as follows:
The Authority shall pay to an Attorney-at-law in respect of non-capital
offences a fee not exceeding five thousand dollars but the presiding Judge after
the conclusion of the trial, may, if he thinks fit, certify that the case was of
unusual length or difficulty and increase the fee of the Attorney-at-law to a
sum not exceeding ten thousand dollars.
Where three or more accused persons are appearing in a capital case being
tried before the High Court and the Authority reasonably believes that the trial
may be lengthy in time, the Authority shall pay to an Attorney-at-law
representing one or more of the accused, a sum not exceeding thirty thousand
dollars per month, during the period of the trial and such payment may be
prorated by the Authority as it thinks fit.
In respect of capital offences, the Authority shall pay a fee not exceeding
fifteen thousand dollars; but the presiding Judge after the conclusion of the
trial, may, if he thinks fit, certify that the case was of unusual length or
difficulty and increase the fee of the Attorney-at-law to a sum not exceeding
twenty thousand dollars and, in exceptional circumstances, allow the
Attorney-at-law an additional fee not exceeding ten thousand dollars.
These sums become due and payable by the Director on the written
authority of the presiding Judge.
Section 16(6).
Section 19(4).
38 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 39
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Section 20.
[18 of 1999
3 of 2012].
SECOND SCHEDULE
PART I
PROCEEDINGS FOR WHICH LEGAL AID MAY
BE GIVEN UNDER SECTION 20
DESCRIPTION OF PROCEEDINGS
1. Proceedings in the Supreme Court.
2. Proceedings before any person to whom a case is referred in whole or
in part by the Supreme Court.
3. Proceedings before the Environmental Commission.
4. Applications for the Grant of Probate and Letters of Administration
where the value of the Estate is more than four thousand eight hundred dollars but
does not exceed one hundred thousand dollars; the applicant shall be required to
pay to the Director a fee, not exceeding 0.5 per cent of the value of the Estate.
PART II
EXCEPTED PROCEEDINGS
1. Proceedings wholly or partly in respect of—
(a) defamation;
(b) breach of promise of marriage;
(c) the loss of the services of a woman or girl in consequence of
her rape or seduction;
(d) the inducement of one spouse to leave or remain apart from
the other.
2. Relator actions.
3. Election petitions.
4. In a Supreme Court, proceedings for or consequent on the issue of a
judgment summons and, in the case of a defendant, proceedings where the
only question to be brought to the Court is as to the time or mode of payment
by him of a debt (including liquidated damages) and costs.
5. Proceedings incidental to any proceedings mentioned in this Part.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(address in block letters)
Section 16A (4).
18 of 1999.
[3 of 2012].
THIRD SCHEDULE
FORM I
APPLICATION FOR EMERGENCY CERTIFICATE IN
RESPECT OF PROCEEDINGS FOR AND IN RELATION
TO AN APPLICATION MADE UNDER
THE DOMESTIC VIOLENCE ACT, CH. 45:56
I, (Mr., Mrs. or Miss) ................................................................................. of
............................................................................................................................
whose permanent address is [as above or (address)], apply for an Emergency
Certificate for the purpose of .............................................................................
............................................................................................................................
(State briefly the kind of claim to be made or resisted, making quite clear if it
be the case that Court proceedings have begun or that an appeal is involved).
I (enclose or have already lodged) an Application Form for an ordinary
Certificate for Legal Aid in respect of this matter.
2. The reason why my case is urgent necessitating an Emergency
Certificate is .......................................................................................................
3. The Attorney-at-law whom I wish to act for me is named in the
Application Form (I submit herewith or have already submitted), and she/he
has agreed to act for me in this matter.
4. I agree that if I am granted an Emergency Certificate which is
revoked by the Authority, or becomes revoked because I do not take the steps
necessary to obtain an ordinary certificate to replace it, I may become liable—
(i) to pay the Authority the expense to which the Legal
Aid Fund has been put as a consequence of the work
done by my Attorney-at-law; and
(ii) to pay such Attorney-at-law the difference between
what they receive from the Fund and the costs and
fees to which they would have been entitled if I had
been a private client without a Certificate.
5. I understand that if, after an Emergency Certificate has been issued to me
I am offered an ordinary certificate to replace it, the offer will set out the financial
terms upon which I can obtain such a certificate, those terms being based upon an
assessment of my resources of income and capital by the Authority. I shall have
40 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 41
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Section 16A(3).
(describe the proceedings)
(address)
(address)
FORM 2
EMERGENCY CERTIFICATE
THIS IS TO CERTIFY that ............................................................................ of
.........................................................................................................................
(hereinafter called “the assisted person”) is entitled, in accordance with the
Legal Aid and Advice Act, Ch. 7:07 made thereunder, to Legal Aid as
(plaintiff, defendant, petitioner or intervener or as the case may be) in
connection with the following proceedings:
............................................................................................................................
............................................................................................................................
THIS IS TO CERTIFY that:
1. The assisted person’s Attorney-at-law is ..........................................
..........................................................................................................................
of ........................................................................................................................
2. This certificate, being an Emergency Certificate, remains in force for
a period of three months from the date hereof, or such other period not
exceeding three months as the Authority may allow, unless it is previously
revoked or is replaced by an ordinary certificate.
3. Add any special conditions, including one limiting the certificate to
part of the proceedings.
Signature of Applicant
an opportunity of making up my mind whether to accept a certificate on those
terms and if I do not accept the offer my Emergency Certificate will be revoked
with the consequences explained in the preceding paragraph.
6. I undertake without delay to give any further information needed by
the Authority in respect of my application, and understand clearly that the
failure to comply will result in the revocation of my Emergency Certificate.
..............................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
42 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
FORM 3
DUTY COUNSEL CERTIFICATE
THIS IS TO CERTIFY that ............................................................................... of
.................................................................................................................................
(address)
(hereinafter called “the suspect”) is entitled, in accordance with the Legal Aid
and Advice Act, Ch. 7:07, to legal representation by Duty Counsel in connection
with the following:
.................................................................................................................................
(describe the circumstances)
.................................................................................................................................
THIS IS TO CERTIFY that:
1. The suspect’s Duty Counsel is .................................................................
of .......................................................................................................................
(address)
2. This Certificate, being a Duty Counsel Certificate, remains in force until
such time as—
(a) the suspect, or his parent or guardian, as the case may be, has
appointed an Attorney-at-law and has signed in the
appropriate place below to signify that he has discharged the
Duty Counsel;
(b) the Duty Counsel, with the leave of the Director,
discontinues his services to the suspect;
(c) the suspect is released without being charged; or
(d) the suspect is charged with an offence and legal aid is
granted to him under this Act.
Issued this day of , 20 .
..............................................
Director
Section 15B(4).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 43
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
This is to certify that I, ................................................................................, the
suspect/parent or guardian of the suspect have appointed an Attorney-at-law and
hereby discharge the Duty Counsel named in this Certificate.
Dated this .................... day of ............................................., 20 .
..................................................
Signature
FOURTH SCHEDULE
DUTY COUNSEL FEES
The fees and expenses payable to a Duty Counsel assigned to a suspect
under section 15B shall be not less than one thousand dollars and not more
than two thousand, five hundred dollars.
Section 15B(11).
[3 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
SUBSIDIARY LEGISLATION
LEGAL AID AND ADVICE REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Applications for legal aid certificate.
4. Application on behalf of minors.
5. Issue of certificate.
6. Amendment of certificates.
7. Application for Emergency Certificate.
8. Discharge and revocation of certificates.
9. Effect of discharge and revocation of certificate.
10. Legal aid granted after commencement of proceedings.
11. Repeated refusal of certificates.
12. Conduct of proceedings by Attorneys-at-law on behalf of aided
persons.
13. Service of notices, etc.
14. Property recovered or preserved for and costs awarded to an aided
person.
15. Remuneration of Attorneys-at-law giving legal aid and advice.
16. Miscellaneous provisions.
17. Rules of Procedure.
18. Applications for legal aid under Part III of the Act.
SCHEDULE.
44 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 45
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
[Subsidiary]
25 of 1976.
[46 of 1979
55/1979].
Citation.
Interpretation.
Ch. 45:51.
Applications for
legal aid
certificate.
Form 1.
Schedule.
LEGAL AID AND ADVICE REGULATIONS
deemed to be made under section 40
1. These Regulations may be cited as the Legal Aid and
Advice Regulations.
2. In these Regulations—
“certificate’’ means a certificate issued in accordance with these
Regulations entitling a person to legal aid under Part IV of
the Act and includes an Emergency Certificate issued under
these Regulations;
“civil proceedings” has the same meaning assigned to it by the
Rules of the Supreme Court and includes proceedings under
the Matrimonial Proceedings and Property Act;
“the Fund” means the fund established under section 5 of the Act.
3. (1) Any person desiring legal aid in civil actions may
apply to the Secretary of the Authority for a legal aid certificate
in the form set out as Form 1 in the Schedule.
(2) Every application for legal aid shall contain such
information and shall be accompanied by such documents as may
be requisite to enable—
(a) the Authority to determine—
(i) the nature of the proceedings in relation to
which legal aid is sought and the
circumstances in which legal aid is
required; and
(ii) the question whether it is reasonable that
a certificate should be granted; and
(b) the Director or the Authority to determine the
disposable income and disposable capital of the
applicant,
and the applicant shall (for the purpose of providing additional
information), if required by the Secretary or the Authority, attend
for an interview or supply such further information or documents
as he or they may require.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Application on
behalf of
minors.
Form 2.
Schedule.
4. (1) An application for legal aid for a minor shall be
made on his behalf by a person of full age and capacity and shall
be in the form set out as Form 2 in the Schedule; and where the
application relates to proceedings which are required by any rule
of Court to be brought or defended by the next friend or guardian
ad litem, that person shall be the next friend or guardian ad litem,
or, where proceedings have not actually begun, the person
intending to act as next friend or guardian ad litem.
(2) Every application for legal aid for a minor shall
contain such information and shall be accompanied by such
documents as may be requisite to enable—
(a) the Authority to determine—
(i) the nature of the proceedings in relation to
which legal aid is sought and the
circumstances in which legal aid is
required; and
(ii) the question whether it is reasonable that
a certificate should be granted; and
(b) the Director to determine the disposable income
and disposable capital of the applicant.
(3) The Director shall not issue a certificate applied for
by a person on behalf of a minor unless that person has signed an
undertaking to pay to the Director (if called upon to do so) any
sum which, by virtue of any provision of the Act or these
Regulations, the Director may require an aided person of full age
and capacity to pay upon the issue or during the currency or upon
discharge or revocation of the certificate.
(4) Any certificate issued by virtue of this regulation
shall be in the name of the minor, stating the name of the person
by whom he has applied.
(5) In any matter relating to the issue, amendment,
revocation or discharge of a certificate issued by virtue of this
regulation, and in any other matter which may arise as between
an aided person and the Director, the person by whom the minor
has applied for a certificate shall be treated for all purposes
(including the receipt of notices) as the agent of the minor.
46 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 47
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Issue of
certificate. 5. (1) A certificate may be issued in respect of the whole ora part of—
(a) proceedings in a Court of first instance; or
(b) proceedings in the Court of Appeal.
No certificate shall relate to proceedings (other than interlocutory
appeals) both in a Court of first instance and in the Court of Appeal.
(2) A certificate shall not relate to more than one action,
cause or matter, but may include proceedings for the enforcement
of any such order or agreement as is referred to in regulation 14(3).
(3) In assessing the amount of contribution, if any, payable
in respect of any proceedings, the Director shall have regard to their
probable cost and, save as is hereinafter provided, shall not assess
an amount in excess of any maximum amount of contribution
provided for by the Act. Where the probable cost of the proceedings
exceeds the maximum amount of contribution, the Director shall,
save as aforesaid, assess that maximum amount as the amount of
contribution payable in respect of the proceedings.
(4) Where an application is approved relating to—
(a) proceedings (other than interlocutory
proceedings) in the Court of Appeal in any
action, cause or matter, in which the applicant
was an aided person in the Court below; or
(b) proceedings in the High Court by way of a new
trial ordered by the Court of Appeal before
whom the applicant was an aided person,
the Director shall not re-determine the applicant’s disposable
income and disposable capital, but shall, save as hereinafter
provided, assess the amount of contribution, if any, payable in
respect of the proceedings at an amount not greater than the
maximum contribution determined by the Director in relation to
the previous proceedings less any amount assessed by him in
respect of those proceedings, but if, since the last determination
by the Director of the disposable income and disposable capital
of the applicant, his circumstances have altered otherwise than as
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Form 3.
Schedule.
Form 4.
Schedule.
a result of the payment of a contribution in respect of the previous
proceedings, the Director shall re-determine his disposable
income and disposable capital and shall take into account any
increase or decrease in the amount of his disposable income by
an amount greater than three hundred dollars and any increase in
the amount of his disposable capital by an amount greater than
nine hundred dollars.
(5) In fixing the method by which any contribution shall
be paid, the Director shall have regard to all the circumstances,
including the probable length of time which any certificate issued
as a result of the application will be in force, and may order the
contribution to be paid in instalments or the whole or a part of it
to be paid before a certificate is issued.
(6) After the Director has approved an application for a
certificate he shall notify the applicant—
(a) of the maximum amount of his contribution as
determined by him; and
(b) of the terms upon which a certificate will be
issued to him.
(7) An applicant who desires that a certificate should be
issued to him on the terms notified to him by the Director shall,
within fourteen days of being so notified, signify his acceptance
of those terms in the form set out as Form 3 in the Schedule and
shall lodge it with the Director.
(8) If those terms require a contribution to be paid, the
applicant shall lodge with the Director an undertaking to pay the
contribution by the method stated in the terms and if the
contribution or any part of it is required to be paid before the
certificate is issued, shall make that payment accordingly.
(9) When an applicant has complied with such of the
provisions of subregulations (7) and (8) as are relevant to his case
the Director shall issue a certificate in the form set out as Form 4
in the Schedule.
48 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 49
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Amendment of
certificates.
Application for
Emergency
Certificate.
Form 5.
Schedule.
6. The Director may amend a certificate—
(a) where it appears to him that there has been some
error or mistake in a certificate;
(b) when, in the opinion of the Authority, it has
become desirable either for the certificate to
extend to other proceedings, being part of the same
action, cause or matter to which the certificate
relates, or proceedings for the enforcement of any
such order or agreement as is referred to in
regulation 14(3), or for the certificate not to extend
to certain of the proceedings in respect of which it
was issued; or
(c) when an aided person desires to change his
Attorney-at-law who is acting for him or when an
Attorney-at-law gives up an aided person’s case.
7. (1) Any person who desires legal aid as a matter of
urgency may apply for an Emergency Certificate in the form set
out as Form 5 in the Schedule. The Director shall have power to
issue an Emergency Certificate in accordance with this regulation
without reference to the Authority.
(2) An application for an Emergency Certificate shall
give such information as may be requisite to enable the Director
to determine whether—
(a) the applicant is likely to fulfil the conditions
under which legal aid may be granted under the
Act and these Regulations; and
(b) it is in the interest of justice that the applicant
should, as a matter of urgency, be granted legal aid,
and shall furnish such additional information and documents (if
any) as may be sufficient to constitute an application for legal aid
certificate under the Act and these Regulations but, if it appears to
the Director that the applicant cannot at the time of the application
reasonably furnish that information, or any part of it, the Director
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Form 6.
Schedule.
Discharge and
revocation of
certificates.
shall nevertheless have power to issue an Emergency Certificate
subject to such conditions as to the furnishing of additional
information as he thinks reasonable.
(3) An Emergency Certificate shall be in the form set
out as Form 6 in the Schedule.
(4) An Emergency Certificate shall have the same effect
in all respects as a legal aid certificate.
(5) An Emergency Certificate shall remain in force for a
period of six weeks or such longer period not exceeding three
months as the Director may allow, and unless within that period
a legal aid certificate is issued in respect of the proceedings to
which the Emergency Certificate relates it shall at the end of that
period be deemed to have been revoked.
(6) Notwithstanding subregulation (5), where it appears to
the Authority that the circumstances of any particular application so
warrant, the Authority may, from time to time, extend an
Emergency Certificate for such further period as it thinks fit.
(7) If within any period during which an Emergency
Certificate is in force, the Authority refuses the application for a
legal aid certificate in respect of proceedings to which the
Emergency Certificate relates, the Director shall forthwith revoke
the Emergency Certificate.
(8) Upon an Emergency Certificate being extended or
being deemed to be revoked under subregulation (7), the Director
shall forthwith issue a notification to all parties to that effect.
8. (1) A certificate may be either discharged or revoked by
the Director in the circumstances specified in this regulation.
(2) The Director may discharge a certificate—
(a) at any time at the request of the person to whom
it is issued;
(b) where an aided person has been required to
make a contribution and any payment in respect
thereof is more than thirty days in arrears;
(c) if he is satisfied that the proceedings to which
the certificate relates have been disposed of;
50 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 51
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
(d) where the Authority is satisfied that the aided
person has required the proceedings to be
conducted unreasonably so as to incur an
unjustifiable expense to the Fund or has required
unreasonably that the proceedings be continued,
but a certificate shall not be discharged under this subregulation
until the aided person has been given an opportunity to show
cause why the certificate should not be discharged;
(e) if he is satisfied—
(i) that the aided person has died; or
(ii) that the aided person has had a receiving
order made against him.
(3) The Director shall discharge a certificate if—
(a) as a result of a further determination he is
satisfied that—
(i) the disposable income of an aided person
exceeds three thousand dollars a year; or
(ii) the disposable capital of an aided person
exceeds three thousand, five hundred
dollars and the probable costs which
might reasonably be incurred by him in
continuing the proceedings, otherwise
than as an aided person, would not exceed
the maximum contribution payable under
the determination;
(b) as a result of any information coming to their
knowledge the Authority consider that the aided
person no longer has reasonable grounds for
taking, defending or being a party to the
proceedings or, as the case may be, that it is
unreasonable in the particular circumstances for
him to continue to receive legal aid.
A certificate shall not be discharged under this subregulation until
the aided person has been given an opportunity to show cause
why the certificate should not be discharged.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Form 7.
Schedule.
(4) Where the Director is satisfied that an aided person
has wilfully failed to comply with any regulations as to
information to be furnished by him, or, in furnishing any such
information has knowingly made a false statement or false
representation, he may if he thinks fit—
(a) where the omission or act occurred prior to the
issue of a certificate, revoke the certificate; or
(b) where the omission or act occurred after the
issue of the certificate, discharge the
certificate from the date upon which the
omission or act occurred.
(5) At any time during the hearing of any proceedings to
which an aided person is a party the Court may, upon application
by or on behalf of any other party to the proceedings or by the
Director, consider whether the aided person—
(a) has wilfully failed to comply with any
regulation as to the information to be
furnished by him; or
(b) in furnishing any such information has knowingly
made a false statement or false representation,
and on any such application the Court may make an order
revoking the certificate or discharging it from such date as may
be appropriate and the Court’s decision shall be final. No order
shall be made under this subregulation until the aided person has
been given an opportunity to show cause why the certificate
should not be discharged or, as the case may be, revoked.
(6) When the Director discharges or revokes or cancels
an aided person’s certificate he shall forthwith issue a notice of
discharge or revocation to the aided person.
(7) Where the certificate so discharged or revoked has
been filed in the Registry of any Court, the Director shall
forthwith file a notification in the form set out as Form 7 in the
Schedule with the Registry of such Court.
52 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 53
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Effect of
discharge and
revocation of
certificate.
(8) When the Court makes an order revoking or
discharging an aided person’s certificate, the officer of the Court
shall forthwith inform the Director.
9. (1) Subject to this regulation, a person whose certificate
is revoked shall be deemed never to have been an aided person
in the proceedings to which the certificate related, and a person
whose certificate is discharged shall, from the date of discharge,
cease to be an aided person in these proceedings.
(2) Upon receipt by him of notice of revocation or a
discharge of certificate by the Director or upon revocation or
discharge of a certificate by the Court, the retainer of any
Attorney-at-law, if any, acting for the aided person in proceedings
to which the certificate relates shall forthwith determine.
(3) Upon determination of proceedings under this
regulation—
(a) the costs of the proceedings to which the certificate
related, incurred by or on behalf of the person to
whom it was issued, shall, as soon as practicable
thereafter, be taxed or, as the case may be, assessed
in accordance with these Regulations;
(b) the Fund shall remain liable for the payment of
any costs so taxed or assessed.
(4) Where a certificate has been revoked or discharged,
the provisions of section 26 of the Act, which provide for a
charge upon property recovered or preserved for an aided person
shall apply to any property recovered or preserved as a result of
the person whose certificate has been revoked or discharged
continuing to take, defend or be a party to the proceedings to
which the certificate related.
(5) Where a certificate has been revoked—
(a) the Director shall have the right to recover from
the person to whom the certificate was issued the
costs paid or payable under subregulation (3)(b)
less any amount received from him by way of
contribution; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal aid
granted after
commencement
of proceedings.
(b) the Director or Attorney-at-law who has acted in
the proceedings shall have the right to recover
from that person the difference between the
amount paid or payable out of the Fund and the
full amount of the Director or his Attorney-at-
law and own client costs as taxed or agreed.
(6) Where a certificate has been discharged the person to
whom the certificate was issued shall remain liable for the payment
of his maximum contribution, if any, as determined by the Director
up to the amount paid or payable by the Director under
subregulation (3)(b), and where he continues to take, defend or be
a party to the proceedings to which the certificate related—
(a) the provisions of section 33 of the Act which
relate to sums recovered by virtue of a settlement
or compromise relating to costs made in favour of
an aided person shall apply in so far as the costs
were incurred while he was an aided person; and
(b) the provisions of section 31 of the Act which
relate to an aided person’s liability by virtue of
an order for costs made against him shall apply
in so far as the costs were incurred while he was
an aided person.
10. (1) Where, after proceedings have been instituted in any
Court, any party becomes an aided person in regard to those
proceedings, the Fund shall only be liable to so much of the costs
of the proceedings as are incurred while a certificate is in force.
(2) Any Attorney-at-law who has acted in the
proceedings on behalf of the aided person before the date of the
certificate, and any Attorney-at-law who has by law a lien on any
documents necessary for the proceedings to which the certificate
relates and who has delivered them up subject to his lien, may
give notice of the fact to the Director.
(3) If damages or costs are recovered for the aided person
in the proceedings, the Director shall pay to such Attorney-at-law
54 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 55
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Repeated refusal
of certificates.
Conduct of
proceedings by
Attorneys-at-
law on behalf of
aided persons.
[55/1979].
out of the sum so recovered the costs to which he would have been
entitled on a taxation between Attorney-at-law and client; but in
any case where the sums so recovered are insufficient to pay these
costs in full in accordance with this subregulation and also to meet
the net liability of the Fund on the aided person’s account, the sum
recovered in the proceedings shall be divided between the Fund
and the Attorney-at-law in proportion to the amount owing to each,
and the first charge for the benefit of the Fund imposed by virtue
of section 26(4) of the Act on property recovered or preserved in
the proceedings shall take effect accordingly.
(4) In any case where there has been no order for
taxation, the amount of the costs shall be fixed by the Director.
11. (1) Where a person has applied for and has been refused
a certificate on more than four occasions and it appears to the
Director that his conduct has amounted to an abuse of the
facilities provided by the Act, the Director may order that no
consideration shall be given to any future application by that
person for a certificate with regard to any particular matter.
(2) No such direction shall—
(a) apply to any application by that person on behalf
of a minor; or
(b) remain in force for a period longer than three
years.
12. (1) Every set of papers delivered by the Director to an
Attorney-at-law shall be marked “Legal Aid” .
(2) Where it appears to the aided person’s Attorney-
at-law necessary for the proper conduct of the proceedings to
take or apply to the Court for leave to take any one or more of the
following steps:
(a) to add any further party to the proceedings;
(b) to bespeak any transcript of shorthand notes of
any proceedings;
(c) to lodge any interlocutory appeal;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(d) to instruct more than one Attorney-at-law; or
(e) to set up or set off any right or claim having the
same effect as a cross-action (other than a
counter-claim or set-off arising out of the same
transaction and capable of being pleaded as a
defence), or to reply to any right or claim so set
off by any other party,
he shall (unless the certificate provides for the act in question to
be done) apply to the Director for authority to do so, and no
payment shall be allowed on taxation for any such step taken
without the approval of the Director.
(3) The Director may give general authority to
Attorneys-at-law acting for aided persons in any particular class
of case to obtain experts’ opinion and to tender expert evidence,
and if so he shall state the maximum fee to be paid for any report
or opinion or expert witness.
(4) Where it appears to an aided person’s Attorney-at-
law necessary for the proper conduct of the proceedings either—
(a) to obtain a report or opinion of one or more
experts or to tender expert evidence in the case
of a class not included in any general authority
under subregulation (3); or
(b) in the case of a class so included, to pay a higher
fee than that stated by the Director or to obtain
more reports or opinions or to tender more
experts as witnesses than have been authorised,
he may apply to the Director for authority to do so, and if the
Director gives authority, he shall state the maximum number of
reports or opinions that may be obtained or the maximum number
of persons who may be tendered to give expert evidence and the
maximum total fee to be paid therefor.
(5) Save as provided by this regulation, no payment
shall be made for the report or opinion of any expert or for
expert’s evidence tendered by or on behalf of an aided person.
56 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 57
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
(6) Where it appears to the aided person’s Attorney-at-
law necessary for the proper conduct of the proceedings for an act
to be done, but that act is either unusual in its nature or involves
unusually large expenditure, he may request the Director’s prior
approval of the act, and, where the prior approval has been
obtained, no question as to the propriety of the act shall be raised
on taxation as between Attorney-at-law and client in accordance
with the provisions of regulation 15.
(7) Without prejudice to the right of an Attorney-at-law
to give up a case for good reason, any Attorney-at-law may give
up an aided person’s case if, in his opinion, the aided person has
required the proceedings to be conducted unreasonably so as to
incur an unjustifiable expense to the Fund or has required
unreasonably that the proceedings be continued.
(8) Where any Attorney-at-law exercises the right to
give up an aided person’s case—
(a) under the provisions of subregulation (7); or
(b) on the ground that the aided person has wilfully
failed to provide the information to be furnished
by him or in furnishing such information has
knowingly made a false representation,
the Attorney-at-law shall make a report to the Director of the
circumstances in which the right was exercised.
(9) An aided person’s Attorney-at-law shall give the
Director such information regarding the progress and disposal of
proceedings to which the certificate relates as the Director may
from time to time require for the purpose of performing his
function under the Act and without prejudice to the generality of
the preceding words, an Attorney-at-law who has acted or is
acting for an aided person, on being satisfied that the aided
person has died or has had a receiving order made against him
shall report the facts to the Director.
(10) An Attorney-at-law shall not be precluded by
reason of any privilege arising out of the relationship between
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Service of
notices, etc.
Form 8.
Schedule.
Property
recovered or
preserved for
and costs
awarded to an
aided person.
Attorney-at-law and client from disclosing to the Director any
information or from giving any opinion which may enable the
Director to perform his functions under the Act or these Regulations.
13. (1) Any notice or notification required to be served
under any provision of the Act or these Regulations shall be
served either personally or by registered post to the last known
address of the person required to be served.
(2) Whenever an aided person becomes a party to
proceedings, or a party to proceedings becomes an aided person,
the Director shall forthwith serve all other parties with a notice in
the form set out as Form 8 in the Schedule and shall if at any
time thereafter any other person becomes a party to the
proceedings, forthwith serve similar notice upon such person.
(3) The Director shall forthwith serve copies of any
legal aid certificate or Emergency Certificate issued by him on all
parties to the proceedings.
(4) Copies of notices referred to in this regulation shall
be filed in the appropriate Court office or Registry and shall form
part of the papers for the use of the Judge at the trial.
14. (1) Subject to subregulation (8) all moneys payable to
an aided person—
(a) by virtue of any agreement or order made in
connection with the action, cause or matter to
which his certificate relates, whether the
agreement is made before or after proceedings
are actually begun;
(b) being moneys paid into Court by him or on his
behalf and ordered to be repaid to him; or
(c) being moneys standing in a Court to the credit of
any proceedings to which his certificate relates,
shall be paid or repaid, as the case may be, to the Director and no
other person shall be capable of giving a good discharge for
moneys so payable.
58 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 59
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
(2) Upon receipt of moneys paid to him by virtue of this
regulation the Director shall—
(a) pay to the Fund or the aided person’s Attorney-
at-law, as the case may be, the costs of the
proceedings as determined by virtue of
regulation 16; and
(b) pay any other moneys to the aided person.
(3) Where in any proceedings to which an aided person
is a party—
(a) an order or agreement is made providing for the
recovery or preservation of property for the
benefit of the aided person and, by virtue of the
Act, there is a first charge on the property for the
benefit of the Fund; or
(b) an order or agreement is made for the payment
of costs to the aided person,
the aided person shall, subject to the provisions of subregulation
(4), take such proceedings, being proceedings which may be
taken under section 20 of the Act, as may be necessary to enforce
or give effect to such order or agreement.
(4) Any aided person may apply to the Director for a
direction that subregulation (2) shall not apply to him on the
ground that, having regard to the probable cost of any
proceedings referred to or to the likelihood of their being
successful, it would be unreasonable to take them and, if the
Director agrees, he shall direct that the proceedings be not taken
and shall amend the aided person’s certificate so as to exclude
such proceedings therefrom. The power conferred on the Director
by this subregulation may be exercised without an application
being made by an aided person.
(5) Where the Director, having directed that proceedings
be not taken by the aided person, is of the opinion that it is expedient
to do so he may enforce any order for the payment of money by the
issue in his name of a judgment summons in a Court.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ch. 45:50.
Remuneration
of Attorneys-at-
law giving legal
aid and advice.
[46 of 1979].
(6) Upon receipt of moneys paid to him by virtue of this
regulation the Director shall retain—
(a) any sum paid by virtue of an order or agreement
for costs made in the aided person’s favour;
(b) a sum equal to the amount (if any) by which any
property recovered or preserved is charged for
the benefit of the Fund by virtue of section 26(4)
of the Act; and
(c) any costs of proceedings taken by the Director
under the provisions of subregulation (5) in so far
as such costs have not been recovered from the
person against whom the proceedings have been
taken, and shall pay the balance to the aided person.
(7) The Director may defer the payment to an aided
person’s Attorney-at-law of his profit costs in connection with the
proceedings until he has, in his opinion, given effect to any
provision of this regulation.
(8) Where a certificate relates to a matrimonial cause
and an application under the Married Persons Act is made in that
cause, the Director may, if he thinks fit, treat the application as a
separate proceeding for the purpose of section 26(4) of the Act.
15. (1) The sums allowed to an Attorney-at-law acting for
an aided person in connection with proceedings in the Court of
Appeal and the High Court shall be the full amount of
disbursements allowable on taxation of the costs plus seventy-
five per cent of the Attorney’s-at-law costs so allowed on
taxation, the remaining twenty-five per cent to be paid to the
Director towards the legal aid fund.
(2) For the purpose of these Regulations costs shall be
taxed according to the ordinary rules applicable on a taxation as
between Attorney-at-law and client where the costs are to be paid
out of a common fund in which the client and others are
interested; in other cases, on the basis of party and party costs. No
question shall be raised as to the propriety of any act for which
prior approval was obtained under these Regulations.
60 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 61
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Miscellaneous
provisions.
Rules of
Procedure.
Applications for
legal aid under
Part III of the
Act.
Form 9.
Schedule.
(3) The sum payable to an Attorney-at-law investigating
and reporting or giving an opinion upon applications for the grant
of legal aid or giving legal advice shall not exceed the sum of one
hundred and twenty-five dollars.
16. Where in any proceedings to which an aided person is a
party—
(a) judgment is signed in default of appearance or
defence, the judgment must also show the amount
of the costs to which the aided person is entitled;
(b) proceedings are, or have been, brought to an end
without a direction having been given as to the
aided person’s costs,
an order that the aided person’s costs be taxed as between
Attorney-at-law and client shall be made on ex parte application
in Chambers or to the Registrar, as the case may be, by his
Attorney-at-law or the Director and the cost of the application
and taxation shall be deemed to be costs in the proceedings to
which the certificate relates or related.
17. Save as is otherwise provided by these Regulations, in any
proceedings in any Court to which an aided person is a party the
procedure shall be regulated by the rules of procedure for that Court.
18. A person who desires to apply for the grant of legal aid
under Part III of the Act may do so in the form set out as Form 9
in the Schedule with such amendments, alterations or
modifications as the nature of the case may require.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Regulation 3.
[46 of 1979].
(address)
(address and if known, occupation)
(name of opponent)
proceedings have begun or that an appeal is involved)
claim to be made or resisted, and make it quite clear if it be the case that Court
(state briefly the kind of(occupation)
(permanent address in block letters)(name in block letters)
SCHEDULE
FORM 1
APPLICATION FOR LEGAL AID
To the Director of Legal Aid
1. I, ........................................... of ...........................................................
.................. , born on the ................. day of ..................................... 20 ............,
.......................................... apply for Legal Aid to ..............................................
............................................................................................................................
............................................................................................................................
2. My opponent is.....................................................................................
of .......................................................................................................................
............................................................................................................................
3. I send herewith the following papers (list and send statements of
witnesses letters and papers relating to the matter and, if Court proceedings
have begun, all Court papers in the applicant’s possession).
4. The Attorney-at-law I wish to act for me is ..................................... of
............................................................................................................................
5. (i) Have you previously applied for Legal Aid or Advice in this or
in any other matter? If so, give details and result ...............................................
(ii) Are you entitled to receive assistance from any Trade Union,
Friendly Society or other similar body? If so, give details ................................
............................................................................................................................
(iii) Are you covered by Insurance in respect of the matter? If so, give
details .................................................................................................................
(iv) Has any attempt been made to settle the matter? If so, give
details and enclose all correspondence ...............................................................
6. I understand that if Legal Aid is granted I may be required to make a
contribution towards my costs but that I shall have an opportunity to consider the
terms upon which Legal Aid will be given before making up my mind to accept.
62 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 63
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Amount
$
Amount
$
7. I undertake to supply any further information needed by the
Authority or the Probation Division in connection with my case.
8. I authorise the Authority to take any steps deemed necessary
(including communicating with my opponent or his Attorney-at-law or a
Court) to enable this application to be dealt with in its normal course and
without the need to make use of the emergency procedure.
9. The following is a statement of my financial circumstances:
Full name (block letters) ......................................................................
Address ................................................................................................
Date of birth ........................................................................................
Occupation ..........................................................................................
(*Married or Single or Widow or Widower or Divorced)
(NOTE—If you are married you must state not only your own income but that
of your husband or wife UNLESS he or she is your opponent in the
case OR you are living apart. If this applies write OPPONENT or APART
in the appropriate places below).
INCOME OF APPLICANT
Put down what you receive after deduction of income tax
and National Insurance contributions. State all sources
of income below.
1. ..................................................................................
2. ..................................................................................
INCOME OF [HUSBAND OR WIFE]
(OPPONENT OR APART OR
1. ..................................................................................
2. ..................................................................................)
*Delete where inappropriate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Value
$
Value
$
Usual Signature
Usual Signature
CAPITAL OF APPLICANT
(NOTE—Do not include the house in which you live,
your household furniture and effects or the
tools or implements of your trade).
............................................................................................................................
CAPITAL OF [HUSBAND OR WIFE]
(OPPONENT Or APART)
............................................................................................................................
DEPENDANTS
(NOTE—A husband or a single person should set out persons actually
dependant upon him or her, but a wife living with her husband
should include her husband and children dependant on him. If not
living with him, she should include only such children as she is
actually supporting. If receiving maintenance for herself or a minor,
this should be included in her income above).
Name Relationship Age if under16
................................... ......................................... .........................................
................................... ......................................... .........................................
10. I declare that the information set out above and the statement of my
case which follows, are to the best of my knowledge, information and belief,
true and correct.
.....................................................
Dated this ................................ day of ........................................... 20 ..............
FULL STATEMENT OF MY CASE
[Give dates where possible. If personal injuries are involved give full details
of the accident and enclose Police Report where applicable and available. If
you have difficulty in stating your case clearly, you may obtain help by
applying to the Director herefor under section 37(4) of the Act].
.....................................................
Dated this ................................ day of ........................................... 20 ..............
64 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
FORM 1—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
FORM 2
1. I, ...........................................................................................................
born on .................... of .....................................................................................
being a person of full age and capacity, that is to say .........................................
............................................................................................................................
................................ apply for Legal Aid on behalf of .......................................
born ....................... 20 ............ of ......................................................................
............................................................................................................................
to (state briefly the kind of claim the applicant wishes to make or resist).
2–10. (Continue as in Form 1, deleting such parts as may be inappropriate).
..............................................................
Dated this ................................ day of ........................................... 20 ..............
Legal Aid and Advice Chap. 7:07 65
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Regulation 4(1).
Regulation 5(7).
Usual Signature
(address)
FORM 3
ACCEPTANCE OF OFFER OF LEGAL AID
I, A.B. of ........................................................................................................
understand that the Legal Aid and Advice Authority is prepared to issue to me
a certificate upon the terms and conditions set out hereafter. I accept this offer
and agree to comply with its terms and conditions. I enclose $.........................
as required by paragraph 4 below.
..............................................................
Dated this ................................ day of ........................................... 20 ..............
Usual Signature
(here insert address of minor)
(here insert name of minor)as such)
minor and in case of guardian ad litem the date on which and the Court appointing him/her
(here insert relationship to
(here insert name of next friend or guardian ad litem)
(here insert name of next friend or guardian ad litem)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(address)
(name)
(Describe the proceedings or the nature of the claim)
TERMS AND CONDITIONS
1. The scope of my Certificate will be defined as follows:
............................................................................................................................
............................................................................................................................
2. The Attorney-at-law acting for me will be ........................................
of ........................................................................................................................
who will conduct my case in accordance with the Legal Aid and Advice Regulations.
3. My Certificate will include a statement of my means as determined
in accordance with the Regulations, that is to say—
Disposable income $ ..................... Disposable capital $ .......................
Maximum Contribution $ .......................
4. I am required to make an actual contribution of $ ...............................
towards the cost of my case, payable as follows: ...............................................
............................................................................................................................
5. I clearly understand—
(a) that if my actual contribution mentioned in paragraph 4 is
less than the maximum contribution mentioned in paragraph 3,
the Authority is entitled to increase my actual contribution to
the maximum or up to that limit as may be required to meet
the costs of my case;
(b) that if my means are for any reason reassessed in accordance
with the Regulations then in force, I shall be liable to pay up
to the maximum contribution so reassessed whether this is
more or less than the amount stated as the maximum in
paragraph 3;
(c) that if my certificate does not extend to taking, defending or
being a party to Court proceedings but is later amended at my
request to do so, my means may be reassessed and conditions
set out in subparagraph (b) shall apply;
(d) that this acceptance form deals only with my liability for my
own costs. If proceedings take place, the Court may make an
Order against me in favour of another party to the proceedings.
This additional liability (which is quite distinct from any
66 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
FORM 3—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 67
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Regulation 5(9).
(describe proceedings)
(address)
FORM 4
CIVIL AID CERTIFICATE
THIS IS TO CERTIFY that A.B. of ....................................................................
(hereinafter called “the assisted person”) is entitled, in accordance with the
Legal Aid and Advice Act, and the Regulations made thereunder, to legal aid to
............................................................................................................................
............................................................................................................................
Usual Signature
contribution payable by me to the Authority) will not exceed
the amount (if any) determined by the Court as reasonable,
having regard to all the circumstances including the means of
all the parties to the proceedings and their conduct in
connection with the dispute. This applies if my certificate
covers proceedings now or is later amended to do so.
6. I undertake to inform the Authority of any change in my means which
may occur while my Certificate is in force, if—
(a) my income increases or decreases by more than fifteen
dollars a week or eight hundred dollars a year; or
(b) my capital increases by more than two thousand dollars.
7. If I recover damages or property, or preserve property in the matter to
which my Certificate relates, I understand that the Authority will have a first
charge upon such damages or property to meet the expenses of my case to the
Authority to the extent that such expense is not covered by the total amount of
my contribution (if any) and any costs recovered by another party.
8. If I receive from a body, of which I am a member, financial help
towards the costs of my case, I am to pay to the Authority the amount that I
receive in addition to any contribution I am required to pay.
9. Special conditions (if any).
..............................................................
Dated this ................................ day of ........................................... 20 ..............
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Regulation 7.
(State the reason)
(address in block letters)
(State briefly the kind of claim to be made or resisted, making quite clear if it be the case that
Court proceedings have begun or that an appeal is involved).
FORM 5
APPLICATION FOR EMERGENCY CERTIFICATE
1. I, (Mr., Mrs. or Miss) ...........................................................................
of .......................................................................................... (whose permanent
address is [as above or (address)]), apply for an Emergency Certificate to
............................................................................................................................
I (enclose or have already lodged) an Application Form for an ordinary
Certificate for Legal Aid in respect of this matter.
2. The reason why my case is urgent necessitating an Emergency
Certificate is........................................................................................................
Secretary to the Legal Aid and Advice Authority
(state mode and time of payment
(address)
IT IS FURTHER CERTIFIED that:
1. The assisted person’s Attorney-at-law
is..........................................................................................................................
of ........................................................................................................................
2. The disposable income, disposable capital and maximum
contribution have been determined, the actual contribution assessed and the
method of payment fixed, as shown below.
Disposable income $ ......................... Actual contribution $ ......................
Disposable capital $ .......................... payable by .......................................
Maximum contribution $................... .........................................................
(The said instalments are payable on the ................... day of each month
commencing on the ...................... day of ....................................., 20 ............)
3. Add any special conditions, including one limiting the Certificate to
part of the proceedings or to particular steps in asserting or disrupting the claim.
Issued this ........................ day of .................................., 20.............. .
.......................................................................
68 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
FORM 4—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 69
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Regulation 7(3).
(describe the proceedings)
(address)
FORM 6
EMERGENCY CERTIFICATE
THIS IS TO CERTIFY that ................................................................................
of ........................................................................................................................
(hereinafter called “the assisted person”) is entitled, in accordance with the
Legal Aid and Advice Act and the Regulations made thereunder, to Legal Aid
as (plaintiff or defendant or petitioner or intervener or as the case may be) in
connection with the following proceedings:
............................................................................................................................
............................................................................................................................
3. The Attorney-at-law I wish to act for me is named in the Application
Form 1 (submit herewith or have already submitted), and he has agreed to act
for me in this matter.
4. I agree that if I am granted an Emergency Certificate which is revoked
by the Authority, or becomes revoked because I do not take the steps necessary
to obtain an ordinary Certificate to replace it, I shall become liable—
(i) to pay the Authority the expense to which the Legal
Aid Fund has been put as a consequence of the work
done by my Attorney-at-law; and
(ii) to pay to such Attorney-at-law the difference between
what they receive from the Fund and the costs and
fees to which they would have been entitled if I had
been a private client without a Certificate.
5. I understand that if, after an Emergency Certificate has been issued to me
I am offered an ordinary certificate to replace it, the offer will set out the financial
terms upon which I can obtain such a Certificate, those terms being based upon an
assessment of my resources of income and capital by the Authority. I shall have an
opportunity of making up my mind whether to accept a certificate on those terms
and, if I do not accept the offer, my Emergency Certificate will be revoked with
the consequences explained in the preceding paragraph.
6. I undertake without delay to give any further information needed by
the Authority in respect of my application, and understand clearly that failure
to comply will result in the revocation of my Emergency Certificate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Regulation 8(7).
Secretary, Legal Aid and Advice Authority
FORM 7
NOTIFICATION OF DISCHARGE/REVOCATION
OF CERTIFICATE
No. ................ of 20 .....
IN THE HIGH COURT OF JUSTICE
between
A.B. (Plaintiff or as the case may be)
and
C.D. (Defendant or as the case may be)
TAKE NOTICE that a (Civil Aid or an Emergency) Certificate dated the
...................... day of ........................................... 20......... has been issued in
respect of the proceedings hitherto covered by an Emergency Certificate* or
issued to the above-named (Plaintiff or as the case may be) has, on the ..................
day of ......................... 20 ............ been (discharged or revoked).
TAKE FURTHER NOTICE that, in consequence thereof, the (Plaintiff or as
the case may be) in these proceedings is from the date first hereinabove
mentioned no longer an assisted person.
Dated this ................... day of .............................................................. 20..........
(SIGNED) ..........................................................
TO THE REGISTRAR OF THE SUPREME COURT.
(address)
THIS IS TO FURTHER CERTIFY that:
1. The assisted person’s Attorney-at-law is .............................................
of ........................................................................................................................
2. This certificate, being an Emergency Certificate, remains in force for
a period of six weeks from the date hereof, or such other period not exceeding
three months as the Authority may allow, unless it is previously revoked or is
replaced by a civil aid certificate.
3. Add any special conditions, including one limiting the certificate to
part of the proceedings.
(Conclude as in Form ............ )
70 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
FORM 6—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 71
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Regulation
13(2).
Director of Legal Aid and Advice
(describe the proceedings)
(address)
FORM 8
NOTICE OF ISSUE OF CERTIFICATE
No. ................. of 20 .....
IN THE HIGH COURT OF JUSTICE
between
A.B. (Plaintiff or as the case may be)
and
C.D. (Defendant or as the case may be)
TAKE NOTICE that (an Emergency)/(a Civil Aid) Certificate No.
...................... dated the ................ day of ...................................... 20 ......... has
been issued to A.B. of .........................................................................................
in connection with the following proceedings ....................................................
TAKE FURTHER NOTICE that, in consequence thereof, the said ...................
in these proceedings is and has been from the first date hereinabove mentioned
(become) an assisted person.
Dated this ...................... day of .......................................................... 20 ..........
(Signed).............................................................
To the Registrar of the Supreme Court.
and
To (other parties to the proceedings)
(or their Attorneys-at-law).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Regulation 18.
(name) (address)
(address)
FORM 9
APPLICATION FOR LEGAL AID UNDER
PART III OF THE ACT
To (*the Honourable Mr. Justice ....................................................)
(*His Worship Mr. .....................................................................)
I, A.B. ................................................... of .........................................................
hereby apply for legal aid in the following proceedings:
............................................................................................................................
............................................................................................................................
(here insert a brief account of the nature of the proceedings and a statement
indicating the complaint*/defence which the applicant seeks to rely on).
I send herewith the following papers (*list and send statements of witnesses,
letters and papers relating to the matter, and if Court proceedings have begun,
all Court papers in the applicant’s possession).
I attach hereto an affidavit in support of my application.
AFFIDAVIT
REPUBLIC OF TRINIDAD AND TOBAGO
I, .......................................................... of ..........................................................
make oath and say:
1. That I am the person named in the application hereto annexed.
2. That the statements contained therein are to the best of my
knowledge, belief and recollection, true and correct.
3. That apart from my wearing apparel and tools of trade, I am worth a
sum of .................................................................................................................
4. That my usual income from all sources (including that of my spouse),
does not exceed ..................................................................................................
72 Chap. 7:07 Legal Aid and Advice
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Legal Aid and Advice Regulations
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Legal Aid and Advice Chap. 7:07 73
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Legal Aid and Advice Regulations [Subsidiary]
Commissioner of Affidavits
(name referees)
}
5. That ............................................................................ may be referred
to regarding my means and sources of income.
Sworn to at
this .............. day of ............................
20.........
Before me,
...................................................
*Delete whichever is inapplicable.
.........................................................
Applicant
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
