Prisons
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–10 ..
Act
27 of 1900
Amended by
6 of 1908
17 of 1914
46 of 1917
28 of 1974
10/1983
20 of 1998
3 of 2010
13 of 2014
LAWS OF TRINIDAD AND TOBAGO
PRISONS ACT
CHAPTER 13:01
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Note on Subsidiary Legislation
The Golden Grove Prison Proclamation (GN 40/1948) has been incorporated in the
Act [section 3(b)].
Note on Omission
The Prison Rules made under the West Indian Prisons Act 1838 of the United Kingdom
(1 & 2 Vict. c. 67) have been omitted.
These Rules are contained in Volume VIII (at page 303) of the 1950 Edition of the
Revised Laws.
See—The current Edition of the Consolidated Index of Acts and Subsidiary Legislation for
references to amendments to these Rules.
Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 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.
Note on Act No. 13 of 2014
Act No. 13 of 2014 amended sections 2, 9, 10, 11, 12, 13, 17, 19, 20 and 21 of this Act.
However, at the date of the last revision, amendments to sections 2, 19, 20 and 21 had not yet
been proclaimed.
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LAWS OF TRINIDAD AND TOBAGO
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Prisons Chap. 13:01 3
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
CHAPTER 13:01
PRISONS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Prisons of Trinidad and Tobago.
4. Minister to make Orders re convict depots.
5. District prisons.
6. Labour yards.
7. Transfer of prisoners.
8. Prohibited articles.
9. Landing at Carrera without authority.
10. Aiding escape.
11. Assaulting, etc., officers of prison.
12. Interfering with prisoner.
13. Use of firearms by officers.
14. Right of arrest.
15. Publication of appointments.
16. Prosecution of offences.
17. Rules.
18. Validation of acts and things done.
19. Appointment of Inspector of Prisons.
20. Powers of Inspector of Prisons.
21. Assaulting or obstructing the Inspector of Prisons.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
*Golden Grove, proclaimed a convict depot to be known as Golden Grove Prison
See GN 40/1948.
1950 Ed.
Ch.11. No. 7.
27 of 1900.
Commencement.
Short title.
Interpretation.
[28 of 1974].
28 of 1974.
[1 & 2 Vict.
c. 67].
Prisons of
Trinidad and
Tobago.
[20 of 1998].
CHAPTER 13:01
PRISONS ACT
An Act relating to Prisons.
[16TH OCTOBER 1900]
1. This Act may be cited as the Prisons Act.
2. In this Act—
“former Inspector” means any person who was regarded as
Inspector of Prisons for Trinidad and Tobago by reason of a
purported appointment as such made after 31st August 1962
but before the date of commencement of the Prisons
(Amendment) Act, 1974 (that is, 2nd September 1974);
“Inspector” means any person appointed Inspector of Prisons
under section 19(1);
“prison” includes any place mentioned in section 3, or declared
or appointed under this Act;
“prisoner” includes every inmate of any prison detained therein
under sentence or conviction for any offence or under
committal or remand pending trial or investigation on a
charge of any offence;
“Prison Rules” means the Prison Rules made under the West
Indian Prisons Act, 1838 of the United Kingdom;
“prohibited article” means any article declared to be a prohibited
article by the Prisons Rules for the time being in force.
3. The prisons of Trinidad and Tobago shall consist of—
(a) the Port-of-Spain Prison;
(b) the Golden Grove Prison*;
(c) the maximum security prison at Golden Grove;
(d) Carrera’s Island and any other convict depot
appointed by Order to be such by the Minister
under section 4;
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Prisons Chap. 13:01 5
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*See LN 297/2004 declaring Teteron Barracks, Chaguaramas known as Crow’s Nest as a
district prison.
Minister to
make Orders re
convict depots.
[20 of 1998].
District prisons.
Labour yards.
Transfer of
prisoners.
(e) district prisons declared by Order to be such by
the Minister under section 5;
(f) labour yards and other places appointed by
Order under section 6.
4. (1) The Minister may by Order appoint any place as—
(a) a convict depot; or
(b) a prison.
(2) An Order made under subsection (1) to appoint
any place as a prison shall be subject to affirmative resolution
of Parliament.
*5. (1) The Minister may by Order declare any Police Station
or part of the station or other suitable place to be a district prison.
(2) Any person sentenced on summary conviction to
imprisonment, with or without hard labour, for any term not
exceeding one month may be imprisoned at the nearest district
prison; but any person sentenced on summary conviction in
Tobago to imprisonment, with or without hard labour, may be
imprisoned in a district prison in Tobago for the full term to
which he is sentenced.
6. (1) The Minister may by Order appoint such places
without the precincts of any prison as he may see fit as labour
yards for the employment at hard labour during working hours
of prisoners sentenced to imprisonment with hard labour.
(2) Any person who may have been sentenced to
imprisonment with hard labour may lawfully be kept and
worked at hard labour on any highway, road, street or public
place, or in any other place beyond the precincts of any prison
which the Minister may from time to time by writing under his
hand authorise and appoint.
7. The Commissioner of Prisons may transfer prisoners
from any prison to any other prison as in his discretion may
be necessary.
UNOFFICIAL VERSION
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Prohibited
articles.
[3 of 2010].
Landing at
Carrera
without
authority.
[13 of 2014].
Aiding
escape.
[13 of 2014].
Ch. 11:01.
Assaulting, etc.,
officers of
prison.
[13 of 2014].
8. Any person who brings in or carries out, or endeavours
to bring in or carry out, or knowingly allows to be brought into
or carried out, of any prison any prohibited article is liable on
summary conviction to a fine of twenty-five thousand dollars and
imprisonment for three years.
9. Any person landing, or attempting to land, on the Island
of Carrera, without the authority of the Minister, Commissioner
of Prisons or prison officer in charge, may be arrested by any
prison officer and be handed over to the Police, and any such
person is liable on summary conviction to a fine of five thousand
dollars and to imprisonment for nine months.
10. (1) Any person aiding the escape of a prisoner from
prison or from the custody of any person in charge of such
prisoner is liable on summary conviction to a fine of thirty
thousand dollars and to imprisonment for seven years.
(2) Where an offence under subsection (1) is
committed by—
(a) a prison officer;
(b) a police officer; or
(c) a member of the Trinidad and Tobago
Defence Force,
that person shall be liable on summary conviction to a fine of
fifty thousand dollars and to imprisonment for ten years.
(3) Nothing contained in this section shall be deemed to
affect the powers of the High Court on indictment for such
offence under the Criminal Offences Act.
11. Any person who—
(a) assaults, obstructs or resists; or
(b) aids or incites any other person so to assault,
obstruct or resist,
the Commissioner of Prisons or any prison officer in the
execution of his duty, or any person aiding or assisting the
6 Chap. 13:01 Prisons
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Prisons Chap. 13:01 7
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Commissioner or prison officer in the execution of his duty, is
liable on summary conviction to a fine of fifteen thousand dollars
and to imprisonment for two years.
12. Any unauthorised person holding intercourse or
interfering with a prisoner while in any prison or public place is
liable on summary conviction to a fine of ten thousand dollars
and to imprisonment for one year.
13. For the purpose of preventing escape or violent assault, and
for the purpose of preventing or suppressing mutiny, any prison
officer having charge of any prisoners may use firearms or any
other mode of force, and shall not be responsible for the
consequences of the use, if necessary for any of the purposes
mentioned above.
14. The Commissioner of Prisons or any prison officer or
constable may apprehend without warrant any person committing
an offence against this Act.
15. All appointments under this Act shall be published in
the Gazette.
16. All offences under this Act punishable on summary
conviction may be prosecuted before a Magistrate or Justice, and
all penalties incurred in consequence of such offences may be
imposed or recovered in the manner provided by the Summary
Courts Act.
17. (1) The Minister may, subject to affirmative resolution
of Parliament, make Rules for the better carrying into effect of
the provisions and purposes of this Act, including rules for
amending or revoking the Prison Rules, and without limiting the
generality of the foregoing, may make Rules providing for—
(a) the admission and discharge of prisoners;
(b) the classification, diet, clothing, maintenance,
employment, discipline, instruction and
correction of prisoners;
Interfering with
prisoner.
[13 of 2014].
Use of firearms
by officers.
[13 of 2014].
Right of arrest.
Publication of
appointments.
Prosecution of
offences.
Ch. 4:20.
Rules.
[28 of 1974
3 of 2010
13 of 2014].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(c) the medical examination, measuring, photographing,
taking of fingerprints and other records of prisoners;
(d) the establishment, control and administration of
Welfare Funds for prisoners;
(e) the payment of prisoners in accordance with
earning schemes for work done while in prison;
(f) the remission of sentence to be allowed to
prisoners and the manner and conditions under
which the remissions are to be granted;
(g) the supply of money, food or clothing or the means
of travelling, to prisoners on their discharge;
(h) the powers and duties of medical officers; the
medical inspection of prisons and prisoners; and
the prevention of contagious diseases in prisons;
(i) the powers and duties of visiting justices, official
visitors, ministers of religion and prisoners’
aid societies;
(j) the construction, description, equipment
and supervision of wards or cells for
separate confinement;
(k) the classification of prisons and prisoners into
categories and their separation accordingly;
(l) visits to and communications with prisoners;
(m) the introduction of a progressive stage system;
(n) the disposal of the products of prison labour;
(o) the appointment of prison officers responsible
for the after-care and rehabilitation of prisoners;
(p) the responsibility, accounting and safe-keeping
of all stores, equipment and accoutrements
issued to prisons;
(q) the manner in which petitions by prisoners shall
be submitted;
(r) the conducting of searches of prison officers,
servants of the prison and visitors;
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Prisons Chap. 13:01 9
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Validation of
acts and things
done.
(1 & 2 Vict C.
67).
[28 of 1974].
Appointment
of Inspector
of Prisons.
[28 of 1974
10/1983].
(s) the compulsory drug testing of prisoners; and
(t) generally for the effective administration of this Act,
for the good management and government of prisons
and the discipline and safe custody of prisoners.
(2) Rules made under this section may contain
provisions for imposing on any person contravening the Rules,
a fine recoverable on summary conviction of twenty-five
hundred dollars.
18. (1) Notwithstanding any rule of law to the contrary,
any act or thing done or purported to have been done under or by
virtue of the West Indian Prisons Act, 1838 of the United Kingdom or
the Prison Rules after 31st August 1962, but before the date of
commencement of the Prisons (Amendment) Act, 1974 (that is, 2nd
September 1974) by a former Inspector shall be deemed to have been
validly and properly done; and no action or other legal proceedings
of any kind whatever, whether now pending or not, shall be
entertained in respect of or in consequence of any such act or thing.
(2) For the purposes of subsection (1), a certificate by
the Minister of National Security that an act or thing was done or
purported to have been done by a former Inspector, under or by
virtue of the West Indian Prisons Act, 1838 of the United
Kingdom or the Prison Rules, shall be conclusive evidence that
the act or thing was so done or so purported to have been done.
19. (1) The Minister may appoint such person as he thinks
fit to be Inspector of Prisons.
(2) A reference in the Prison Rules to “the Inspector”
shall be construed as a reference to the Inspector referred to under
subsection (1).
(3) An appointment under subsection (1) shall be for
a period not exceeding two years as may be specified in
the instrument of appointment but any such person may
be reappointed.
(4) Notwithstanding anything in the instrument of
appointment, the appointment may be terminated at anytime.
UNOFFICIAL VERSION
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10 Chap. 13:01 Prisons
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20. The Inspector when inspecting any prison which he is
required by the Prison Rules or by Rules made under this Act to
inspect, may exercise all or any of the following powers:
(a) examine any person holding any office or
receiving any salary or emolument in the
prison;
(b) call for and inspect all books and papers
relating thereto;
(c) inquire into all matters relating to the prison; and
(d) examine every prisoner or other person whom
he finds in the prison and thinks fit to examine,
either alone or in the presence of such other
person as the Inspector thinks fit.
21. A person who assaults or obstructs the Inspector in the
execution of his powers or duties under this Act or the Prison
Rules or Rules made under this Act is liable on summary
conviction to a fine of one thousand dollars or to imprisonment
for six months.
Powers of
Inspector of
Prisons.
[28 of 1974].
Assaulting or
obstructing
the
Inspector of
Prisons.
[28 of 1974].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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