Prevention of Corruption
PREVENTION OF CORRUPTION ACT

CHAPTER 11:11

LAWS OF TRINIDAD AND TOBAGO

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–8 ..

L.R.O.

Act
11 of 1987

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LAWS OF TRINIDAD AND TOBAGO

2 Chap. 11:11 Prevention of Corruption

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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Prevention of Corruption Chap. 11:11 3

CHAPTER 11:11

PREVENTION OF CORRUPTION ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
Act inconsistent with Constitution.

2. Interpretation.
3. Corruption in office an offence.
4. Punishment of corrupt transactions with agents.
5. Offence to corruptly use or communicate official information.
6. Penalty for offences.
7. Presumption of corruption in certain cases.
8. Time for taking proceedings.
9. Powers of police to inspect financial records and other documents.

10. Saving clause.
11. Consent of Director of Public Prosecutions.

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4 Chap. 11:11 Prevention of Corruption

CHAPTER 11:11

PREVENTION OF CORRUPTION ACT

An Act to provide for the Prevention of Corruption.

[18TH MAY 1987]

WHEREAS it is enacted by section 13(1) of the Constitution that an
Act of Parliament to which that section applies may expressly
declare that it shall have effect even though inconsistent with
sections 4 and 5 of the Constitution and, if any Act does so declare,
it shall have effect accordingly:

And whereas it is provided in the said section 13(2) 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 Prevention of
Corruption Act.

(2) This Act shall have effect even though inconsistent
with sections 4 and 5 of the Constitution.

2. In this Act—
“advantage” includes any office or dignity, and any forbearance

to demand any money or money’s worth or valuable thing,
and includes any aid, vote, consent, or influence, or
pretended aid, vote, consent or influence, and also includes
any promise or procurement of, or agreement or endeavour
to procure or the holding out of any expectation of, any gift,
loan, fee or reward;

11 of 1987.

Commencement.

Preamble.

Short title.

Act inconsistent
with
Constitution.

Interpretation.

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Prevention of Corruption Chap. 11:11 5

“agent” includes any person employed by or acting for another
and any person serving under the State or other public body
or holding a public office;

“consideration” includes valuable consideration of any kind;
“principal” includes an employer;
“public body” includes the Cabinet, the House of Representatives,

the Senate, the Tobago House of Assembly, local, statutory
and public authorities of all descriptions and all State
Enterprises and the Boards thereof;

“public office” means any office or employment of a person as a
member, officer or servant of a public body;

“State Enterprises” means all enterprises referred to in section
119(9) of the Constitution.

3. (1) Every person who, by himself or by or in conjunction
with any other person, corruptly solicits or receives, or agrees to
receive, for himself or for any other person, any gift, loan, fee,
reward, or advantage whatsoever, as an inducement to, or reward
for, or otherwise on account of, an agent doing or forbearing to do
anything in respect of any matter or transaction whatsoever, actual
or proposed, in which the State or a public body is concerned, is
guilty of an offence.

(2) Every person who, by himself or by or in conjunction
with any other person, corruptly gives, promises or offers any gift,
loan, fee, reward, or advantage whatsoever, to any person, whether
for the benefit of that person or of another person, as an inducement
to, or reward for, or otherwise on account of, an agent doing or
forbearing to do anything in respect of any matter or transaction
whatsoever, actual or proposed, in which the State or a public body
is concerned, is guilty of an offence.

4. Any person who—
(a) being an agent, corruptly accepts or obtains, or

agrees to accept or attempts to obtain, from any
person, for himself or for any other person, any
gift or consideration as an inducement or reward

Corruption in
office an
offence.

Punishment of
corrupt
transactions
with agents.

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for doing or forbearing to do, or for having after
the commencement of this Act done or forborne
to do, any act in relation to his principal’s affairs
or business, or for showing or forbearing to show
favour or disfavour to any person in relation to
his principal’s affairs or business;

(b) corruptly gives or agrees to give or offers any gift
or consideration to any agent as an inducement or
reward for doing or forbearing to do, or for having
after the commencement of this Act done or
forborne to do, any act in relation to his principal’s
affairs or business, or for showing or forbearing to
show favour or disfavour to any person in relation
to his principal’s affairs or business; or

(c) knowingly gives to an agent, or being an agent
knowingly uses, with intent to deceive his principal,
any receipt, account, or other document, in respect
of which the principal is interested, and which
contains any statement which is false or erroneous
or defective in any material particular, and which to
his knowledge is intended to mislead the principal,

is guilty of an offence.

5. (1) Any person who being an agent—
(a) corruptly uses official information for the purpose

of obtaining any gift, loan, fee, reward or
advantage whatsoever for himself or any other
person; or

(b) corruptly communicates official information to
any other person with a view of enabling any
person to obtain any gift, loan, fee, reward or
advantage whatsoever,

is guilty of an offence.
(2) For the purposes of this section “official information”

means any fact or document which comes to a person’s knowledge
or into his possession by virtue of his position as a person serving
under the State or being a member of a public body or holding
any other public office.

Offence to
corruptly use or
communicate
official
information.

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Prevention of Corruption Chap. 11:11 7

6. (1) A person who commits an offence under section 3,
4 or 5, notwithstanding section 100(5) of the Summary Courts
Act, is liable, whether upon summary conviction or upon
conviction on indictment, to a fine of five hundred thousand
dollars and to imprisonment for ten years and, in addition, shall be
ordered to pay to such public body and in such manner as the
Court directs, the amount or value of any gift, loan, fee, or reward
received by him. Such person shall also be adjudged forever
incapable of being elected or appointed as a member of a public
body or of holding any other public office and shall forfeit any
such office held by him at the time of his conviction.

(2) In the event of a second conviction for a like offence
such person shall, in addition to the foregoing penalties,
notwithstanding section 15 of the Representation of the People
Act, be adjudged to be incapable for seven years of being
registered as an elector, or voting at any election of members of
any public body.

(3) If such person is an officer or servant in the employ
of any public body, upon such conviction, he shall at the discretion
of the Court be liable to forfeit his right to claim to any compensation
or pension to which he would otherwise have been entitled.

7. Where, in any proceedings against a person for an offence
under this Act, it is proved that any money, gift, or other
consideration has been paid or given to or received by an agent by
or from a person, or his representative, holding or seeking to obtain
a contract from the State or any Government department or public
body, the money, gift, or consideration shall be deemed to have
been paid or given and received corruptly, as such inducement or
reward as is mentioned in this Act, unless the contrary is proved.

8. Proceedings instituted with a view to obtaining a
summary conviction for an offence under this Act may be
commenced at any time within one year after the first discovery
of the offence by the prosecutor.

9. (1) If a Judge in Chambers is satisfied on an ex parte
application made by the Director of Public Prosecutions and
supported by evidence on affidavit that there is reasonable cause
to believe that a person has committed an offence under this Act,

Penalty for
offences.
Ch. 4:20.

Ch. 2:01.

Presumption of
corruption in
certain cases.

Time for taking
proceedings.

Powers of police
to inspect
financial records
and other
documents.

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LAWS OF TRINIDAD AND TOBAGO

8 Chap. 11:11 Prevention of Corruption

the Judge may make an order authorising any police officer not
below the rank of inspector to enter and search any premises named
in the order with such assistance as may be necessary and to inspect
and make copies—

(a) of the relevant financial records of such
person; and

(b) of such other relevant documents as may be
specified in the order.

(2) Where an order is made under subsection (1) and the
Judge is satisfied that there is reasonable cause for so doing, he
may make a further order authorising the police officer to enter
and search any premises named in the order with such assistance
as may be necessary and to inspect and make copies—

(a) of the relevant financial records of the spouse of
the person against whom the order is made; and

(b) of such other relevant documents as may be
specified in the order.

10. A person shall not be exempt from punishment under
this Act by reason of the invalidity of the appointment or election
of a person as a member of a public body or to hold any other
public office.

11. A prosecution for an offence under this Act shall not be
instituted except by or with the consent of the Director of
Public Prosecutions.

Saving clause.

Consent of
Director of
Public
Prosecutions.

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