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Sentencing Commission
Sentencing Commission Chap. 4:32 1

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

SENTENCING COMMISSION ACT

CHAPTER 4:32

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–9 ..

Act
80 of 2000

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 4:32 Sentencing Commission

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Sentencing Commission Chap. 4:32 3

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

CHAPTER 4:32

SENTENCING COMMISSION ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Commencement.

3. Interpretation.
4. Establishment of the Commission.
5. Functions of the Commission.
6. Factors for sentencing guidelines.
7. Membership of the Commission.
8. Gazetting of membership.
9. Tenure of office.
10. Disqualification for appointment to Commission.
11. Acting appointment.
12. Revocation of appointment.
13. Resignation.
14. Remuneration.
15. Location and meetings.
16. Staff, etc., of the Commission.
17. Counsel to assist Commission.
18. Funds.
19. Independence of the Commission.
20. Liability for proceedings.
21. Admissibility of evidence in proceedings.
22. Annual report.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

4 Chap. 4:32 Sentencing Commission

CHAPTER 4:32

SENTENCING COMMISSION ACT

An Act to provide for the establishment of a Sentencing
Commission and for other related matters.

*[ASSENTED TO 27TH OCTOBER 2000]
1. This Act may be cited as the Sentencing Commission Act.

2. This Act came into operation on 6th November 2000.

3. In this Act—
“Commission” means the Sentencing Commission established

under section 4;
“Chairman” means the Chairman of the Commission;
“sentence” has the meaning assigned to it by section 42 of the

Supreme Court of Judicature Act and “sentencing data” shall
be construed accordingly.

4. There is established a body to be known as the Sentencing
Commission which shall undertake such functions as are prescribed
by this Act or any other written law.

5. (1) The Commission may, for the purposes of this Act—
(a) collect, analyse and disseminate sentencing data;
(b) develop sentencing guidelines and principles and

ranges of sentencing for specific offences and
categories of offences;

(c) periodically review sentencing guidelines and
provide a framework for the setting of maximum
penalties and ranges of sentencing developed
pursuant to paragraph (b);

(d) make recommendations regarding the revision
of maximum penalties, the nature of particular
offences and the categorisation of offences as to
degree of seriousness;

80 of 2000.

Short title.

Commencement.
[264/2000].

Interpretation.

Ch. 4:01.

Establishment
of the
Commission.

Functions of the
Commission.

* See section 2 for commencement date of this Act.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Sentencing Commission Chap. 4:32 5

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

(e) conduct research or inquiries into the administration
of justice and report the results of its research,
inquiries and investigations and make
recommendations for change, reorganisation
and general improvement of the administration
of justice;

(f) publish a bi-annual bulletin summarising leading
sentencing decisions; and

(g) conduct public education programmes to inform
the public about sentencing and to promote
public understanding of sentencing practices
and procedures.

(2) The findings and recommendations of the Commission
under this section shall be prepared in the form of a report which
shall be laid in the Parliament by the Minister and submitted to the
Chief Justice and Chief Magistrate.

(3) Nothing in this section limits any discretion that a
Court may have in determining a sentence.

6. (1) In developing sentencing guidelines and in seeking
to promote a consistent approach to the sentencing of offenders,
the Commission shall give due consideration to all relevant factors
in order to suggest that the sentence to be imposed on a person
found guilty of an offence is proportionate to the seriousness of
the offending behaviour.

(2) In seeking to achieve the purpose stated in
subsection (1), the Commission shall give due consideration to the—

(a) harm caused by the commission of the offence;
(b) public concern generated by the offence;
(c) current incidence of the offence;
(d) the seriousness of the offending behaviour;
(e) the need to prevent crime and promote respect

for the law by—
(i) providing for sentences that are intended

to deter the offender or other persons from

Factors for
sentencing
guidelines.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

6 Chap. 4:32 Sentencing Commission

Membership of
the Commission.

Gazetting of
membership.

Tenure of office.

Disqualification
for appointment
to Commission.

committing offences of the same or a
similar character;

(ii) providing for sentences that facilitate the
rehabilitation of offenders;

(iii) providing for sentences that allow a Court
to denounce the type of conduct in which
the offender engaged; and

(iv) ensuring that an offender is only punished
to the extent justified by—
(A) the nature and gravity of his offence;
(B) his culpability and degree of

responsibility for the offence; and
(C) the presence of any aggravating

or mitigating factor concerning
the offender and of any relevant
circumstances.

7. (1) The Commission shall consist of seven members
appointed by the President from among persons or organisations
interested in sentencing reform as the President thinks fit.

(2) The President shall appoint a Chairman from among
those persons appointed under subsection (1).

8. The appointment of members of the Commission as first
constituted and every subsequent appointment to the Commission
or change in membership shall be published in the Gazette.

9. The appointment of a person as a member of the
Commission shall, subject to this Act, be for a period not exceeding
three years, but members are eligible for reappointment.

10. No person is qualified to be appointed a member of the
Commission who—

(a) is a member of—
(i) the Senate;

(ii) the House of Representatives;
(iii) a Municipal Corporation or Statutory

Board; or
(iv) the Judiciary or Magistracy;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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Acting
appointment.

Revocation of
appointment.

Resignation.

Remuneration.

Location and
meetings.

(b) is a legal officer employed by the State;
(c) is an undischarged bankrupt; or
(d) has been convicted of an offence involving

dishonesty or fraud.

11. (1) Where the Chairman is absent at any meeting the
members present shall appoint a Chairman from among themselves.

(2) Where a member, other than the Chairman, is absent
or unable to perform his duties the President may appoint another
person to act in the place of such member.

12. The President may, after consultation with the Chairman,
revoke the appointment of a person as a member of the Commission
if satisfied that the person—

(a) has, without reasonable excuse, failed to carry out
his duties for a continuous period of three months;

(b) is incapacitated physically or mentally, to such
an extent as to impair his ability to perform his
duties, or is otherwise unable or unfit to perform
his duties; or

(c) has become a person who would be disqualified
for appointment pursuant to section 10.

13. Any member of the Commission may at any time resign
his office as a member by writing, addressed to the President.

14. Members of the Commission shall be paid such
remuneration as is fixed by the President.

15. (1) The Commission shall be located in such place as is
provided for it by the Government, and its address shall be
published in the Gazette and in two daily newspapers.

(2) The Commission may hold meetings in public or
in camera for the purpose of performing any of its functions under
this Act.

(3) The Commission shall meet at least once per month
and the quorum shall consist of five members, of whom one shall

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

8 Chap. 4:32 Sentencing Commission

be the Chairman or the acting Chairman appointed under
section 11(1).

(4) The Commission may invite any person to attend a
meeting and to give unsworn evidence.

(5) Subject to this Act, the procedure at a meeting shall
be determined by the Commission.

16. (1) The Commission shall employ such members of staff
as are required for the performance of its functions on such terms
and conditions as are agreed upon between the employee and the
Commission.

(2) The President shall appoint an Attorney-at-law of at
least five years standing as the Secretary to the Commission.

(3) The Commission may, with the approval of the
relevant Minister, arrange for the use of the services of any staff or
facilities of a government department or public authority.

(4) The Commission may, on such terms and conditions
as it thinks fit, engage any suitably qualified person to provide it
with services, information or advice.

17. The Minister may appoint an Attorney-at-law of at least
seven years standing to assist the Commission as counsel, either
generally or in relation to a particular matter.

18. The funds of the Commission shall consist of such sums
as are appropriated to it by Parliament from time to time.

19. The Commission is not subject to the directions or control
of any person in the exercise of its functions.

20. (1) Subject to subsection (2), no matter or thing done by
the Commission or any member of or any person acting under the
direction of the Commission shall, if the matter or thing was done
in good faith for the purpose of giving effect to this Act or any
other written law, subject the member or the person so acting
personally to any action, liability, claim or demand.

Staff, etc., of the
Commission.

Counsel to assist
Commission.

Funds.

Independence
of the
Commission.

Liability for
proceedings.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Sentencing Commission Chap. 4:32 9

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

(2) In proceedings for defamation in relation to any
hearing or other matter connected with the exercise of the functions
of the Commission under this Act, there is a defence of absolute
privilege for a publication to or by the Commission or to any
member or officer of the Commission, as such a member or officer.

21. A statement or disclosure made, or a document or other
thing produced, by any person in the course of assisting the
Commission, or any information, document or thing obtained as a
direct or indirect consequence of the making of the statement or
disclosure, or of the production of the first-mentioned document
or thing, is not, except in proceedings for an offence against this
Act, admissible in evidence against that person in any civil or
criminal proceedings.

22. The Commission shall in every year prepare and submit
to the Attorney General a report of its activities and operations
during that year, and the Attorney General shall cause the report to
be laid in Parliament as soon as practicable.

Admissibility of
evidence in
proceedings.

Annual report.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt