Praedial Larceny Prevention
PRAEDIAL LARCENY PREVENTION ACT
CHAPTER 10:03
LAWS OF TRINIDAD AND TOBAGO
Act
12 of 1963
Amended by
19 of 1970
36 of 1976
45 of 1979
21 of 1990
8 of 1992
56 of 2000
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–25 ..
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Chap. 3:03) the Commission
amended certain references to public officers in this Chapter. The Minister’s approval of the
amendments was signified by LN 120/1980, but no marginal reference is made to this Notice
where any such amendment is made in the text.
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CHAPTER 10:03
PRAEDIAL LARCENY PREVENTION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
2A. Establishment of Praedial Larceny Squad.
3. Registration as a seller of agricultural produce or livestock.
3A. Memorandum of sale or delivery for agricultural produce or livestock.
3B. Power to stop and search any person carrying agricultural produce or
livestock, etc.
4. Conveying produce of several persons.
5. Power to arrest without warrant.
6. Power to stop and examine.
7. Power to require production of memorandum of sale or delivery or
other proof of ownership.
8. Power to arrest and seize.
9. Charging and trial of suspected persons.
10. Escape, etc., of suspected person.
11. Search warrant.
12. Trial of persons brought before Magistrate under section 11.
13. Tracing possession.
13A. Orders before conviction.
13B. Taking of photographs of agricultural produce, etc.
14. Forfeiture and sale after conviction.
15. Restitution.
15A. Supervision order.
16. Appointment of authorised persons.
17. Precept of appointment and oath of office.
18. Names of authorised persons to be published in Gazette.
19. Production of precept or Gazette in evidence.
20. Equipment.
21. Resignation.
22. Revocation of appointment.
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23. Delivery of articles supplied on termination.
24. Delivery up of supplied articles upon death of authorised person.
25. Powers and immunities.
26. Personation of authorised persons.
27. Unlawful possession of badges, etc.
27A. Forging or counterfeiting certification of registration.
28. Power of constable or authorised person to summon assistance.
29. Penalty for assaulting, etc., constable, authorised persons and
their assistants.
30. Prosecution of offences.
31. Special powers of Magistrate in relation to minimum penalties.
32. Amendment to Second Schedule.
33. Regulations.
FIRST SCHEDULE.
SECOND SCHEDULE.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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CHAPTER 10:03
PRAEDIAL LARCENY PREVENTION ACT
An Act to make better provision for the prevention of
praedial larceny.
[27TH DECEMBER 1963]
1. This Act may be cited as the Praedial Larceny
Prevention Act.
2. (1) In this Act—
“agricultural produce” has the meaning assigned to it by section
23(3) of the Summary Offences Act;
“authorised person” means any person appointed under
section 16;
“certification of registration” means a certification of registration
issued under section 3;
“Commissioner” means the Commissioner of Police appointed
under the Police Service Act;
“company number” means the number issued to a company under
the Companies Act;
“constable” includes any member of the Police Service, any
member of a Municipal Police Service and any member of
the supplemental bodies of Police established under the
Supplemental Police Act and the Special Reserve Police Act;
“Farmer’s Registration Card” means the Card issued by the
Minister to farmers;
“livestock” includes any farm animal mentioned in section 2 of
the Summary Offences Act, any poultry or the carcass, head,
skin, or any other part or product thereof;
“Minister” means the Minister to whom responsibility for
agriculture is assigned;
“poultry” has the meaning assigned to it by section 2 of the
Summary Offences Act;
12 of 1963.
Commencement.
138/1963.
Short title.
Interpretation.
[19 of 1970
21 of 1990
8 of 1992
56 of 2000].
Ch. 11:02.
Ch. 15:01.
Ch. 81:01.
Ch. 15:02.
Ch. 15:03.
Ch. 11:02.
Ch. 11:02.
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“Praedial Larceny Squad” means the Squad established under
section 2A;
“registration number” has the meaning assigned to it under
section 3;
“suspected person” means any person who has or has had in his
possession or under his control in any place any agricultural
produce or livestock in the circumstances described in
section 8 or in such other circumstances as reasonably cause
any constable or authorised person to suspect that the
agricultural produce or livestock has been unlawfully obtained;
“VAT registration number” means the identification number borne
by the certification of registration issued under section 27
of the Value Added Tax Act;
“vehicle” means any cart, carriage, dray, motor car, tractor, lorry
or wheeled vehicle of any kind and, where the vehicle is
drawn by an animal, includes such animal.
(2) Where in this Act agricultural produce or livestock is
expressed to have been unlawfully obtained that expression means—
(a) that the agricultural produce was obtained by the
commission of an offence under section 23 of the
Summary Offences Act or received with
knowledge that the agricultural produce had been
so obtained; or
(b) that the agricultural produce or livestock was,
otherwise than in the course of the commission
of an offence under section 23 of the Summary
Offences Act, stolen or unlawfully obtained.
2A. (1) There is hereby established a Squad which shall be
known and designated “the Praedial Larceny Squad”.
(2) The Squad shall consist of such number and ranks of
officers as may be assigned by the Commissioner to carry out the
provisions of this Act.
(3) A member of the Squad shall have all of the powers
and be entitled to all of the immunities conferred by this Act upon
any constable.
Ch. 75:06.
Ch. 11:02.
Establishment of
Praedial
Larceny Squad.
[56 of 2000].
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(4) In this section, “officers” include any member of the
Police Service established by section 3 of the Police Service Act
and any member of the supplemental bodies of Police established
by the Supplemental Police Act and Special Reserve Police Act.
3. (1) This section does not apply to persons who have been
registered as farmers and issued with a valid Farmer’s Registration Card.
(2) Every person who sells, trades in, deals in, supplies
or otherwise disposes of agricultural produce or livestock of the
weight of twenty-five kilograms or more shall be registered in the
manner provided in this section.
(3) Every person required by this section to be registered
shall apply to the Minister in the prescribed form.
(4) Every application for registration shall be
accompanied by such fee as the Minister may prescribe.
(5) Where a person applies under this section to be
registered the Minister may cause such person to be registered and
shall issue a certification of registration in the prescribed form.
(6) Every certification of registration issued under this
section shall—
(a) be for such period as may be prescribed;
(b) bear a registration number; and
(c) bear the date of issue and the date on which the
registration shall expire.
(7) Every person registered under subsection (5) shall
cause his certification of registration or a copy of it to be
conspicuously displayed on his person or at the place from which
he sells, trades in, deals in, supplies or otherwise disposes of the
agricultural produce or livestock or in each such place, where there
is more than one.
(8) A person who is required under this section to be
registered—
(a) sells, trades in, deals in, supplies or otherwise
disposes of agricultural produce or livestock of
Ch. 15:01.
Ch. 15:02.
Ch. 15:03.
Registration as a
seller of
agricultural
produce or
livestock.
[56 of 2000].
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the weight of twenty-five kilograms or more
without a valid certification of registration issued
in accordance with subsection (5); or
(b) fails to comply with subsection (7), commits an
offence and is liable on summary conviction to a
fine of five thousand dollars and to imprisonment
for one year.
(9) Notwithstanding subsection (2), any other person
may apply to be registered under this section and where such an
application is made it shall be governed by this section.
3A. (1) In this section—
“memorandum of sale or delivery” means any document, invoice,
receipt or bill which contains the particulars set out in
subsection (2);
“producer” means any person who rears, cultivates, grows or
stores any agricultural produce or livestock and subsequently
sells, agrees to sell, trades in, deals in, supplies or otherwise
disposes of such agricultural produce or livestock;
“purchaser” means any person who purchases, agrees to purchase
or otherwise obtains possession or custody of any agricultural
produce or livestock of the weight of twenty-five kilograms
or more;
“retailer” means any person who sells, agrees to sell, trades in,
deals in, supplies or otherwise disposes of agricultural
produce or livestock, but does not include a producer;
“wholesaler” means any person who purchases, agrees to purchase
or otherwise obtains possession or custody of agricultural
produce or livestock disposes of such agricultural produce
or livestock.
(2) Every producer, wholesaler or retailer shall, at the
time of the sale or delivery of agricultural produce or livestock of
the weight of twenty-five kilograms or more, give a memorandum
of sale or delivery to the purchaser or other person obtaining
Memorandum of
sale or delivery
for agricultural
produce or
livestock.
[56 of 2000].
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possession or custody of the agricultural produce or livestock
setting out—
(a) the registration number, VAT registration number
or company number of such producer, wholesaler
or retailer;
(b) the date of the sale or delivery;
(c) if the retailer is not a supermarket or grocery, the
type and quantity of the agricultural produce
or livestock sold or delivered; and
(d) if the agricultural produce or livestock is
purchased, the price paid therefor.
(3) A person who gives a memorandum of sale or delivery
in accordance with subsection (2) shall retain a duplicate of such
memorandum of sale or delivery and shall produce the same for
inspection upon being required to do so by a constable or an
authorised person.
(4) Every wholesaler or retailer who receives a
memorandum of sale or delivery in accordance with subsection (2)
shall retain a duplicate of such memorandum of sale or delivery
and shall produce the same for inspection upon being required to
do so by a constable or an authorised person.
(5) A person who fails to comply with the provisions of
subsection (2), (3) or (4) is liable on summary conviction to a fine
of not less than five thousand dollars and not more than twenty
thousand dollars and to imprisonment for four years.
3B. (1) Any constable or authorised person may, without
warrant, stop and search any person whom he has reasonable cause
to suspect is carrying agricultural produce or livestock which has
been unlawfully obtained or is in control of any heap, stall or other
collection of agricultural produce or livestock which has been
unlawfully obtained.
Power to stop
and search any
person carrying
agricultural
produce or
livestock, etc.
[56 of 2000].
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(2) Where in the course of a search carried out under this
section, agricultural produce or livestock is discovered, the
constable or authorised person may require the person—
(a) to produce a memorandum of sale or delivery or
a duplicate of such memorandum of sale or
delivery referred to in section 3A; or
(b) to give an account of how he came into possession
of such agricultural produce or livestock.
(3) Sections 7(3), 8 and 9 apply to this section with such
modifications as may be necessary.
4. (1) The person in charge of a vehicle or other means of
conveyance that is used for the purpose of conveying the
agricultural produce or livestock of more than one person shall
cause the agricultural produce or livestock to be placed in such a
manner as to preserve the identity of ownership of the several items
of agricultural produce or livestock belonging to those persons.
(2) If any person in charge of a vehicle or other means of
conveyance fails to comply with the provisions of subsection (1)
he is liable to a fine of ten thousand dollars and to imprisonment
for four years.
(3) The provisions of subsection (2) are without
prejudice to the power of a constable or authorised person to act
with respect to any such person in accordance with section 8.
5. Any constable or authorised person may arrest a
suspected person without a warrant.
6. For the purpose of ascertaining whether any agricultural
produce or livestock is being conveyed on any vehicle or other
means of conveyance a constable or authorised person may stop
any vehicle or other means of conveyance and upon informing the
person in charge of his purpose may examine any such vehicle or
other means of conveyance or any parcel or package of any kind
in the possession of any such person.
Conveying
produce of
several persons.
[19 of 1970
36 of 1976
56 of 2000].
Power to arrest
without warrant.
Power to stop
and examine.
[19 of 1970].
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7. (1) Where in the course of a search carried out under
section 6, agricultural produce or livestock is discovered the
constable or authorised person may require the person in charge
of the vehicle or other means of conveyance to produce a
memorandum of sale or delivery or to produce a duplicate of such
memorandum of sale or delivery referred to in section 3A, Farmer’s
Registration Card, Deed, Lease or other proof of ownership of the
agricultural produce or livestock in his possession.
(2) A person who on being required to produce a
memorandum of sale or delivery or a duplicate thereof, a Farmer’s
Registration Card, Deed, Lease or other proof of ownership under
subsection (1) fails to produce such memorandum of sale or
delivery or duplicate thereof or such Farmer’s Registration Card,
Deed, Lease or other proof of ownership shall be required to give
an account to the satisfaction of the constable or authorised person
by what lawful means he came into possession of such agricultural
produce or livestock.
(3) If the person referred to in subsection (1) alleges that
he was employed as a driver, carrier, agent or servant to convey
the agricultural produce or livestock he shall be required to give
an account to the satisfaction of the constable or authorised person
of the person by whom he was employed and of the circumstances
of his employment.
8. If upon being required to produce a memorandum of sale
or delivery or a duplicate thereof, Farmer’s Registration Card, Deed,
Lease or other proof of ownership, or to give an account under
section 7, the person in charge of the vehicle or other means of
conveyance does not produce the memorandum of sale or delivery
or duplicate thereof, Farmer’s Registration Card, Deed, Lease or
other proof of ownership, or does not give an account, or, if he
produces a memorandum of sale or delivery or duplicate thereof,
Farmer’s Registration Card, Deed, Lease or other proof of
ownership or gives an account that in the opinion of the constable
Power to require
production of
memorandum of
sale or delivery
or other proof of
ownership.
[56 of 2000].
Power to arrest
and seize.
[56 of 2000].
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or authorised person is not genuine, the constable or authorised
person may regard that person as a suspected person and may—
(a) arrest that person and any other person whom he
has reasonable cause to suspect;
(b) seize any agricultural produce or livestock that
the suspected person was found conveying; and
(c) seize any vehicle or other means of conveyance,
or any parcel or package whereby the suspected
person was conveying the said agricultural
produce or livestock.
9. (1) As soon as may be practicable after the arrest of a
suspected person, the constable or authorised person making the
arrest shall bring the suspected person before a Magistrate together
with any agricultural produce or livestock, vehicle, parcel, package
or any other thing seized.
(2) If a suspected person referred to in subsection (1) does
not give an account to the satisfaction of the Magistrate by what
lawful means he came into possession of the agricultural produce
or livestock that suspected person is liable to a fine of not less than
five thousand dollars and not more than twenty thousand dollars
and to imprisonment for four years.
10. (1) Where any person—
(a) refuses to stop a vehicle or other means of
conveyance under his charge at the request of a
constable or authorised person; or
(b) being a suspected person escapes from a constable
or authorised person attempting to arrest him; or
(c) being a suspected person lets fall or throws away
from his possession any agricultural produce or
livestock,
any Magistrate or Justice may upon application issue his warrant
for the arrest of that person and for the seizure of the vehicle or
other means of conveyance, if any, whereby that person was
conveying the said agricultural produce or livestock.
Charging and
trial of
suspected
persons.
[19 of 1970
36 of 1976
56 of 2000].
Escape, etc., of
suspected
person.
[45 of 1979].
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(2) Upon the arrest of any person or suspected person
or the seizure of any vehicle or other means of conveyance under
subsection (1), that person or suspected person and the vehicle
or other means of conveyance shall be deemed to have been
arrested or seized, as the case may be, within the meaning of
section 8, and is liable to be dealt with in the manner laid down
in sections 9 and 14.
11. (1) If information is given on oath to any Magistrate or
Justice that there is cause for suspecting that any agricultural
produce or livestock unlawfully obtained is concealed or lodged
in any house, store, yard or other place, or on land whether
enclosed or not that Magistrate or Justice may, by warrant under
his hand directed to any constable or authorised person, cause
the house, store, yard, place or land to be entered and searched at
any time.
(2) The Magistrate or Justice issuing a warrant under
subsection (1) may, by such warrant, if it appears necessary to
him, give authority to the constable or authorised person with such
assistance as may be found necessary, to use force for the purpose
of effecting an entry, whether by breaking open doors or otherwise,
but so that before using such force for the purpose aforesaid the
constable or authorised person makes known his authority.
(3) If upon search made in accordance with subsections (1)
and (2), any agricultural produce or livestock that the constable or
authorised person has reasonable cause to suspect of having been
unlawfully obtained is found, the constable or authorised person
may arrest and bring before a Magistrate as soon as may be
practicable after such arrest—
(a) the person in whose house, store, yard or place or
on whose land such agricultural produce or
livestock is found; and
(b) any other person found in such house, store, yard
or place or on such land,
if the constable or authorised person has reasonable cause to
suspect that person placed or was privy to the placing of that
Search warrant.
[19 of 1970].
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agricultural produce or livestock in such house, store, yard or
place or on such land.
(4) If a constable or authorised person fails or is for any
reason whatsoever unable to arrest any person mentioned in
subsection (3)(a) and (b), a Magistrate or Justice may issue a
warrant for the arrest of such person or a Magistrate may issue
summons requiring such person to appear before him at a time and
place to be mentioned in the summons.
12. A Magistrate may call upon any person brought or
appearing before him under section 11 to give an account to the
satisfaction of such Magistrate—
(a) by what lawful means any agricultural produce
or livestock reasonably suspected of having been
unlawfully obtained came to be in the house, store,
yard or place or the land where such produce was
found; or
(b) that he was not privy to the placing of such
agricultural produce or livestock in such house,
store, yard or place or on such land,
and any person who fails so to satisfy the Magistrate is liable to a
fine of not less than five thousand dollars and not more than twenty
thousand dollars and to imprisonment for four years.
13. (1) If any person brought or appearing before a Magistrate
under this Act declares that he received any agricultural produce
or livestock reasonably suspected of having been unlawfully
obtained from some other person, or that he was employed as a
driver, carrier, agent or servant to convey such produce for some
other person, the Magistrate may cause every such other person
through whose possession or control such produce previously
passed, to be brought before him either by summons or by warrant,
as the Magistrate in each case thinks fit.
(2) When such other person referred to in subsection (1)
is brought before him, the Magistrate may examine that person on
oath as to whether he has been in possession or control of the
agricultural produce or livestock reasonably suspected of having
Trial of persons
brought before
Magistrate
under section
11.
[19 of 1970
36 of 1976
56 of 2000].
Tracing
possession.
[19 of 1970
36 of 1976
56 of 2000].
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been unlawfully obtained, and, upon his admitting such possession
or control, or upon it being proved to the satisfaction of the
Magistrate that such person has been in possession or control of
such agricultural produce or livestock, the Magistrate may call
upon that person to give account to the satisfaction of the Magistrate
by what lawful means he came by such produce, and if that person
fails to give such account, he is liable to a fine of not less than
five thousand dollars and not more than twenty thousand dollars
and to imprisonment for four years.
(3) For the purposes of this section, the possession of a
driver, carrier, agent or servant shall be deemed to be the possession
of the person who employed the driver, carrier, agent or servant to
convey the agricultural produce or livestock suspected to having
been unlawfully obtained.
13A. In addition to any other order which he may be authorised
to make, under this Act, a Magistrate may, at any time before or
during the hearing of a matter under this Act, make any one or
more of the following orders:
(a) that any agricultural produce or livestock which is
alleged to have been unlawfully obtained be delivered
to the person who claims to be entitled thereto subject
to the provision by such person of such security by
way of bond as the Magistrate may order;
(b) that any agricultural produce or livestock which
is alleged to have been unlawfully obtained be
sold and that any proceeds which may be realised
by the sale of such produce or livestock be paid
into the Consolidated Fund.
13B. (1) A photographer who shall be a member of the Praedial
Larceny Squad shall, within seventy-two hours of the seizure of
any agricultural produce or livestock alleged to have been
unlawfully obtained, take such photographs as may be necessary
of any such agricultural produce or livestock and complete Form 1
of the Second Schedule.
Orders before
conviction.
[56 of 2000].
Taking of
photographs of
agricultural
produce, etc.
[56 of 2000].
Form 1.
Second
Schedule.
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(2) The photographs shall be taken in the presence of the
person who claims to be entitled thereto and, wherever practicable,
in the presence of the suspected person and both persons may sign
Form 2 of the Second Schedule.
(3) Where a person referred to in subsection (2) refuses
to sign the Form 2 the police photographer shall make a note of
the refusal on the Form 2 and shall date and initial the note.
14. Where any person is convicted of an offence under this Act,
the Court before which he is convicted shall order that the agricultural
produce or livestock in respect of which the offence has been
committed as well as any vehicle or other means of conveyance, if
any, used for the purpose of conveying such agricultural produce or
livestock be forfeited and, upon such order being made the
agricultural produce or livestock and vehicle or other means of
conveyance, if any, shall, unless an order under section 15(1) is made
or an application under section 15(2) is successful, be sold and the
proceeds of such sale paid into the general revenue.
15. (1) A Magistrate may order that any agricultural produce
or livestock alleged to have been unlawfully obtained be delivered
to the person who appears to him to be entitled thereto—
(a) where, in the event of the dismissal of the
complaint, the suspected person in his defence
had denied being in possession of the agricultural
produce or livestock that was alleged to have been
unlawfully obtained; or
(b) where the Magistrate convicts a suspected person
or where, without proceeding to conviction, the
Magistrate acts under section 71 of the Summary
Courts Act, or acts under section 3(1)(b) of the
Probation of Offenders Act.
(2) Where any vehicle or other means of conveyance is
ordered to be forfeited under section 14, the owner of such vehicle
or other means of conveyance may make a claim to a Magistrate for
the vehicle or other means of conveyance to be restored to him.
Form 2.
Second
Schedule.
Forfeiture and
sale after
conviction.
[19 of 1970].
Restitution.
[19 of 1970].
Ch. 4:20.
Ch. 13:51.
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(3) Where a claim is made to a Magistrate under
subsection (2) the Magistrate may, subject to subsection (4),
order that the vehicle or other means of conveyance shall be restored
to the owner thereof on payment by him of any expenses incurred
for transporting and keeping such vehicle or other means of
conveyance for the purposes of this Act.
(4) A Magistrate shall not make an order under
subsection (3) unless he is satisfied that the owner of the vehicle
or other means of conveyance—
(a) did not permit any person convicted of an offence
under section 9 or 10 to use the vehicle or other
means of conveyance for the purpose of
conveying any agricultural produce or livestock
in respect of which the offence was committed;
(b) had no knowledge that any person convicted of an
offence under section 9 or 10 would use the vehicle
or other means of conveyance for the purpose of
conveying any agricultural produce or livestock
in respect of which the offence was committed.
(5) In this section “owner” in relation to a motor vehicle
has the meaning that is given it in section 2 of the Motor Vehicles
and Road Traffic Act.
15A. (1) Where any person is convicted of an offence under
this Act, the Magistrate before whom he is convicted may, in
addition to any other order which he may make under this Act,
order that such person be placed under police supervision for a
period not exceeding one year, to be specified in the order.
(2) A person who is placed under police supervision
under this section shall—
(a) notify the officer of the following information:
(i) his name and, where he uses one or more
names, each of those names; and
(ii) his home address;
(b) at least fourteen days before any change of
residence or home address, for any period
Ch. 48:50.
Supervision
order.
[56 of 2000].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
18 Chap. 10:03 Praedial Larceny Prevention
whatsoever, inform the officer of the new
residence or home address;
(c) be and remain within his stated residence or home
address from sunset until sunrise of the period or
such portion thereof, as the Magistrate may
specify in the order, unless permitted by the officer
in writing to absent himself therefrom;
(d) obey any lawful instructions given to him by the
officer, for the purpose of ensuring compliance
on the part of such person with the requirements
of the order, during the period specified therein;
(e) receive such visits as may be made from time to
time at his stated residence or home address by
any police constable, during the period specified
in the order, for the purpose of ascertaining his
whereabouts; and
(f) present himself in the order at such police station
and at such times as the officer may specify, but
not less than once per month.
(3) In subjecting a person to a supervision order under
this section, a Magistrate may make such community service order
as he may be authorised to make under the Community Service
Orders Act.
(4) Where any person without reasonable excuse fails or
neglects to comply with any requirement of an order made in respect
of him under this section, the officer shall apply to the Magistrate
who made the order for a warrant for the arrest of that person and
shall bring that person before the Magistrate who shall deal with
the person in accordance with subsection (5).
(5) Where a person is brought before a Magistrate under
subsection (4) the Magistrate may—
(a) if it is proved to his satisfaction that the person
has failed without reasonable excuse to comply
with any requirement of the order, revoke the
order and deal with the person for the offence in
respect of which the order was made in any
manner in which the Magistrate could deal with
Ch. 13:06.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Praedial Larceny Prevention Chap. 10:03 19
him if he had just been convicted by that
Magistrate of that offence.
(b) without prejudice to the continuance of
the order—
(i) impose on the person a fine not exceeding
five thousand dollars; or
(ii) revoke the order and enforce the term
of imprisonment commuted under
subsection (1).
(6) In this section, “officer” means the police officer in
charge of the police station nearest to the home of the person in
respect of whom an order has been made under subsection (1).
16. For the purposes of this Act, the Commissioner may
appoint fit and proper persons to be authorised persons.
17. (1) On appointing any person to be an authorised person
under this Act, the Commissioner shall deliver or cause to be
delivered to him a precept authorising him to act as such.
(2) The precept may be in the form set out in the
First Schedule.
(3) When he receives the precept, the person who is
appointed shall take and subscribe before the Commissioner or
any person authorised by the Commissioner in writing to do so,
the following oath of office:
“I, .................................. of ............................................, do
swear that I will well and truly serve the State as an
authorised person for the purposes of the Praedial
Larceny Prevention Act.
So help me God.”
(4) On receiving the precept and taking and subscribing
the oath, the person who is appointed shall become an authorised
person for the purposes of this Act and shall have power to
exercise and perform all the powers and duties conferred upon
him by this Act.
Appointment of
authorised
persons.
Precept of
appointment and
oath of office.
First Schedule.
Ch. 10:03.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
20 Chap. 10:03 Praedial Larceny Prevention
18. The names of all persons appointed to be authorised
persons under this Act shall be published in the Gazette.
19. The production of the precept that is delivered to an
authorised person under section 17 or the production of the Gazette
containing a notice of the appointment of any person to be an
authorised person under this Act shall, in all Courts and for all
purposes, be prima facie evidence that the person to whom such
precept or notice of appointment relates is an authorised person.
20. (1) Every authorised person shall be provided with a
badge, a baton and such other equipment as may be approved by
the Commissioner.
(2) The badge referred to in subsection (1) shall be evidence
of the office of an authorised person and shall in all cases be displayed
by every such person when exercising the duties of his office.
21. An authorised person may at any time on giving one
month’s notice in writing to the Commissioner resign his
appointment as such authorised person.
22. The appointment of any authorised person may be
revoked at any time by the Commissioner.
23. (1) Every authorised person who resigns his appointment
or otherwise ceases to be an authorised person shall forthwith
deliver up to the person appointed by the Commissioner for that
purpose every article whatsoever that has been supplied to him at
the public expense for the performance of his duties as an authorised
person which he has not been expressly authorised to keep or use
for his private benefit.
(2) Any person who fails to comply with this section is
liable to a fine of one hundred and fifty dollars or to imprisonment
for three months, and any Magistrate or Justice may issue his
warrant to search for and seize all such articles as aforesaid which
are not so delivered up, wherever the same may be found, and to
arrest the person in whose possession the same may be found.
Names of
authorised
persons to be
published in
Gazette.
Production of
Precept or
Gazette in
evidence.
Equipment.
Resignation.
Revocation of
appointment.
Delivery of
articles supplied
on termination.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Praedial Larceny Prevention Chap. 10:03 21
24. (1) When any authorised person dies, any person in
possession of any articles which had been supplied to such person
at the public expense for the performance of his duties as an
authorised person shall within fourteen days after such death,
deliver any such articles over to the police officer in charge of
the police station nearest to which such person resides.
(2) Any person who contravenes this section is liable to
a fine of seventy-five dollars or to imprisonment for three months,
and any Magistrate or Justice may issue his warrant to search for
and seize all such articles which are not so delivered up, wherever
the same may be found, and to arrest the person in whose possession
the same may be found.
25. For the purpose of performing his duties under this Act,
every authorised person shall have all the powers and shall be
entitled to all the immunities conferred by any law from time to
time in force upon any constable.
26. Any person not being an authorised person who in any
way pretends to be an authorised person for the purpose of doing
any act under this Act that such person would not by law be entitled
to do of his own authority is liable to a fine of ten thousand dollars
and to imprisonment for two years.
27. Any person who has in his possession any badge or baton
or other equipment furnished for the use of an authorised person
and who does not satisfactorily account for his possession thereof
is liable to a fine of five thousand dollars and to imprisonment
for one year.
27A. Any person who forges or counterfeits or causes to be
forged or counterfeited any document purporting to be a
certification of registration under this Act is liable to a fine of five
thousand dollars and to imprisonment for one year.
Delivery up of
supplied articles
upon death of
authorised
person.
Powers and
immunities.
Personation of
authorised
person.
[36 of 1976
56 of 2000].
Unlawful
possession of
badges, etc.
[36 of 1976
56 of 2000].
Forging or
counterfeiting
certification of
registration.
[56 of 2000].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
22 Chap. 10:03 Praedial Larceny Prevention
Power of
constable or
authorised
person to
summon
assistance.
[36 of 1976
56 of 2000].
Penalty for
assaulting, etc.,
constable,
authorised
persons and
their assistants.
[36 of 1976
56 of 2000].
Prosecution of
offences.
[56 of 2000].
Ch. 4:20.
Special powers
of Magistrate in
relation to
minimum
penalties.
[56 of 2000].
Ch. 3:01.
Ch. 46:01.
28. A constable or authorised person may call upon any
person to aid and assist him in the execution of his duties under
this Act, and if any person so called upon neglects or refuses
without lawful excuse to aid and assist such constable or authorised
person he is liable to a fine of three thousand dollars and to
imprisonment for three months.
29. Where any person assaults, obstructs, hinders or resists
any constable or authorised person in the execution of his
duties under this Act, or any person acting in aid of such
constable or authorised person, or aids or incites any other
person so to assault, obstruct, hinder or resist any constable
or authorised person or any person so acting in aid of every
such person is liable to a fine of not less than five thousand
dollars and not more than twenty thousand dollars and to
imprisonment for four years.
30. (1) Any offence under this Act may be prosecuted and
any penalty incurred may be imposed or recovered, in the manner
provided by the Summary Courts Act, on the complaint of a
constable or authorised person.
(2) A complaint for an offence under this Act shall not be
made later than one year from the time when such matter of
complaint arose.
31. (1) Subject to subsection (2), this Act shall have effect
notwithstanding section 68(2) of the Interpretation Act.
(2) A Magistrate is not bound to award any minimum
penalty provided for in any of the sections of this Act in any case
in which, for special reasons which shall be recorded by the
Magistrate on the face of the proceedings, he considers some lesser
penalty appropriate, or in which the person convicted is a child or
a young person as defined in the Children Act, but in any such
case he may deal with the offence in any manner in which he might
have dealt with the same as if the section had not provided for a
minimum penalty.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Praedial Larceny Prevention Chap. 10:03 23
32. The Minister may by Order amend the Second Schedule.
33. The Minister may make Regulations prescribing any matter
that is required or permitted by this Act to be prescribed or is
necessary or convenient to be prescribed for carrying out or giving
effect to the purposes of this Act.
Amendment to
Second
Schedule.
[56 of 2000].
Regulations.
[56 of 2000].
Section 17(2).FIRST SCHEDULE
FORM OF PRECEPT
REPUBLIC OF TRINIDAD AND TOBAGO.
THE PRAEDIAL LARCENY PREVENTION ACT (CHAP. 10:03)
To : ........................................................................................................................
of : .....................................................................................................................
I, ........................................................................................................................,
Commissioner of Police, do under and by virtue of the power and authority
vested in me by the Praedial Larceny Prevention Act hereby appoint you to
be an authorised person for the purposes of the above Act and I do issue to
you this precept authorising you to act as such an authorised person.
Dated this ................ day of ...................................................., 20......
Commissioner of Police.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
24 Chap. 10:03 Praedial Larceny Prevention
SECOND SCHEDULE
THE PRAEDIAL LARCENY PREVENTION ACT (CHAP. 10:03)
RETURN OF PHOTOGRAPHER
FORM 1
I, .............................................................................................................................
of ................................................................................................... photographer
did on .......................................................... take ................... photograph(s) of
..............................................................................................................................
and the s a id pho tog raph( s ) was /were shown a s number s
............................................................................... on the photographic camera
model/serial number ............................................................................................
which I used to take said photographs.
Date ................................................................
Signature ..........................................................
[56 of 2000].
[Section 13B(1)].
(quantity, if known and type of agricultural produce or livestock and any distinguishing marks)
(name, rank and number of photographer)
(address)
(date) (number)
(number of exposures)
(model and serial number of camera)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Praedial Larceny Prevention Chap. 10:03 25
THE PRAEDIAL LARCENY PREVENTION ACT (CHAP. 10:03)
RETURN OF WITNESS TO TAKING OF PHOTOGRAPHS
FORM 2
I, ...........................................................................................................................
of ..........................................................................................................................
was jointly* present with* ..................................................................................
on ............................................... at ...................................................................
and witness the taking of .......................................................... photographs of
................................................................................. ............................................
by ........................................................................................................................
Date .....................................................................................................................
Signature/Mark ....................................................................................................
Identification Card/Driver’s Permit No. ..............................................................
Witness to signature or mark ..............................................................................
* Delete, if either the person who claims to be entitled or the suspected person is not present.
[Section 13B(2)].
(name of person)
(address of person)
(date) (place)
(quantity, if known, and type of agricultural produce or livestock)
(name, rank and number of photograph)
(photographer)
(number)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
