Supreme Court.q
L.R.O.

*20 of 1981
*21 of 1981
*24 of 1981
*27 of 1981
21 of 1986
4 of 1991

23 of 1992
18 of 1994
21 of 1994
3 of 1996
5 of 1996

28 of 1996
46 of 2000
55 of 2000
23 of 2003
30 of 2005
4 of 2010

Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–2
3–12
13–14
15–64
65–82
83–141

*See Note on Amendments on page 2

Act
12 of 1962
Amended by

14 of 1964
29 of 1968
2 of 1972
19 of 1973
2 of 1974
39 of 1975
6 of 1976
29 of 1976
50 of 1976
136/1976
22 of 1977
6 of 1978
3 of 1979
45 of 1979
2 of 1980
5 of 1980

49 of 1980
*19 of 1981

LAWS OF TRINIDAD AND TOBAGO

SUPREME COURT OF JUDICATURE ACT
CHAPTER 4:01

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Index of Subsidiary Legislation
Page

Court of Appeal Rules (12 of 1962) … … … … 64
Criminal Appeal (Reference of Points of Law) Rules (LN 87/1981) … 135

Note on Omissions
The following Rules have been omitted:
1. The Rules of the Supreme Court 1975 (SeeAct No. 6 of 1976 validating these Rules).
2. The Legitimacy Rules 1937 continued in force by section 81 of this Act.
3. The Matrimonial Causes Rules (GN 190/1973) [These Rules have been published in

Chapter 45:51 (Matrimonial Proceedings and Property Act), since they relate directly
to the subject matter of that Chapter].

4. Legitimation Rules 1927 [See under Status of Children Act 1981 (Ch. 46:07)].
5. Land Tenants (Security of Tenure) Rules 1982 (LN 54/1982) (See Order 94A of

Supreme Court Rules).
*6. Family Proceedings Rules 1998.
*7. Civil Proceedings Rules 1998.

*N.B. See the Current Edition of the Consolidated Index of Acts and Subsidiary Legislation
for amendments to these Rules.

Court of Appeal Rules
Order II (dealing with civil appeals from the High Court) has been revoked by

LN 121/1980.

Note on Amendments

The Act has been amended by the following Acts:
A. Landlord and Tenant Act 1981 (Act No. 19 of 1981). (N.B. This Act had not been

brought into operation at the date of revision of the Supreme Court of Judicature Act).
Note on Amendments—Continued

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B. Land Law and Conveyancing Act (Act No. 20 of 1981). (N.B. This Act had not been
brought into operation at the date of the revision of the Supreme Court of Judicature
Act).

C. Trustee Act 1981 (Act No. 21 of 1981). (N.B. This Act had not been brought into
operation at the date of the revision of the Supreme Court of Judicature Act).

D. Land Registration Act 1981 (Act No. 24 of 1981). [N.B. This Act was repealed by
the Registration of Titles to Land Act 2000 (Act No. 16 of 2000) and had not been brought
into operation on the date of the revision of the Supreme Court of Judicature Act].

E. Succession Act (Ch. 9:02) [See the Current Edition of the Consolidated Index of
Acts and Subsidiary Legislation for the commencement dates of the various sections and
Parts of this Act (i.e. Ch. 9:02)].

Note on Increase of Fines
Section 8 of the Law Revision (Miscellaneous Provisions) Act 1980 (Act No. 47 of 1980)
provides that as from 31st July 1981 (date of publication of the Revised Edition of the Laws
of Trinidad and Tobago) a fine prescribed by any written law not published in the Revised
Edition shall be increased in accordance with the provisions of paragraph 1(b), (c) and (d) of
the Second Schedule to the Law Revision Act, Ch. 3:03.

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CHAPTER 4:01

SUPREME COURT OF JUDICATURE ACT
ARRANGEMENT OF SECTIONS

SECTION
1. Short title.

PRELIMINARY
2. Interpretation.
3. Reference to former Supreme Court deemed reference to High Court.
Reference to former Supreme Court or Full Court deemed reference

to Court of Appeal.
Acts, proceedings in former Supreme Court deemed Acts,

proceedings of the High Court.

PART I
CONSTITUTION OF THE SUPREME COURT

THE SUPREME COURT
4. Supreme Court of Judicature and seal.
5. Number of Puisne Judges.
6. Number of Justices of Appeal.

QUALIFICATION OF JUDGES, VACANCIES, PRECEDENCE
7. Qualification of Judges of Supreme Court.
8. Precedence of Judges.

PART II
JURISDICTION AND LAW

JURISDICTION OF THE HIGH COURT
9. General jurisdiction of the Court.
10. Jurisdiction in Muslim marriages.
11. Jurisdiction in lunacy.
12. Common Law, Doctrines of Equity, Statute Law deemed laws of

Trinidad since 1848.
13. Right of audience of Attorney General in Proceedings for

enforcement of protective rights of Constitution.

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14. Practice and procedure in High Court.
15. Powers of single Judge.
16. Hearing of an action and subsequent proceedings.
17. Law and equity to be administered.
Equities of plaintiff.
Equitable defences.
Counterclaims and third parties.
Equities appearing incidentally.
18. Defence or stay instead of injunction or prohibition.
19. Common law and statutory rights and duties.
20. Determination of matter completely and finally.
21. Rules of equity to prevail.
22. Declaratory order.
23. Equitable waste.
Merger by operation of law.
Suit by mortgagor for rents and profits.
Stipulations not the essence of contracts.
Granting of mandamus, etc.
Granting of injunction in certain cases.
Effect of absolute assignment of debt.
24. Execution of instrument by order of Court.
24A. Investment of moneys paid into Court.
24B. Interest on moneys in financial institutions.
25. Power of Courts to award interest on debts and damages.

25A. Interest on judgment debt.
26. Proceedings against, and contribution between, joint and several

tortfeasors.
27. Effect of death on certain causes of action.
28. Apportionment of liability in cases of contributory negligence.
29. Provisions as to workmen and employers.
30. Common employment.
31. Saving for Maritime Conventions Act, 1911 and past cases.
32. Interpretation.
33. Power to issue writ ad melius inquirendum.

SECTION

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VEXATIOUS ACTIONS
34. Restrictions on institution of vexatious actions.

PART III
JURISDICTION OF THE COURT OF APPEAL

35. Jurisdiction of Court of Appeal.
36. Power to revise proceedings of inferior Courts.
37. Practice and procedure in Court of Appeal.

CIVIL APPEALS FROM HIGH COURT
38. Appeals in civil matters.
39. Power of Court of Appeal on hearing an appeal.
40. Power of Court of Appeal as to new trials.
41. Wrong rulings as to sufficiency of stamps.

CRIMINAL APPEALS FROM HIGH COURT
42. Definitions.
43. Right of appeal in criminal cases.
44. Determination of appeals in ordinary cases.
45. Power of Court in special cases.
46. Re-vesting and restitution of property on conviction.
47. Supplementary powers of Court of Appeal.
48. Admission of appellant to bail, and custody when attending Court.
49. Computation and commencement of sentence.
50. Time for appealing.
51. Stay of execution.
52. Judge’s notes and report to be furnished on appeal.
53. Legal assistance to appellant.
54. Right of appellant to be present.
55. Duty of Director of Public Prosecutions.
56. Costs of appeal.
57. Duties of Registrar with respect to notices of appeal, etc.
58. Records.

ARRANGEMENT OF SECTIONS—Continued
SECTION

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59. Powers which may be exercised by a Judge of the Court.
60. Case stated or question of law reserved.
61. Provisions of this Act applicable to proceedings under section 60.
62. Case stated by Judge of High Court at request of Court of Appeal.
63. Reference to Court of Appeal of point of law following acquittal
on indictment.
64. Prerogative of mercy.
65. Criminal information.

PART IIIA
MASTERS OF THE HIGH COURT

65A. Masters of the High Court.
65B. Powers of Master.
65C. Appeals.
65D. Procedure where cases are not concluded by Master.

PART IIIB
APPEALS BY THE DIRECTOR OF PUBLIC

PROSECUTIONS

65E. Right of Director of Public Prosecutions to appeal.
65F. Time for appealing.
65G. Power of Court on appeal from acquittal.
65H. Power of Court on appeal against sentence by the Director of Public

Prosecutions.
65I. Judge’s notes and report.
65J. Right of respondent to be present.
65K. Legal assistance to respondent.
65L. Costs of appeal.
65M. Duties of Registrar.
65N. Powers which may be exercised by a Judge of the Court.
65O. Appeals to the Judicial Committee.
65P. Sections 42 to 65 to apply.
65Q. Interpretation.

SECTION

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PART IV

GENERAL PROVISIONS
REGISTRAR AND OTHER OFFICERS

66. Registrar.
67. Registrar to have powers of Judge in Chambers.
68. Deputy Registrar and Assistant Registrars.
69. Custody of duplicate seal.
70. Common powers of Registrars.
71. Registrar to be Marshal.
72. Deputy Marshal.

SITTINGS OF THE SUPREME COURT

73. Power to sit at any time.
74. Sittings of High Court.
75. Special criminal sitting.
76. Sitting of Court of Appeal.

RULES OF COURT

77. Power to make Rules of Court.
78. Rules of Court.
79. Form of publication.
80. Inclusion or removal of pages to be authorised by order.
81. Saving.
82. Reference to Chief Justice acting with others to make Rules.
83. Saving of procedure.
84. Trial with assessors.
85.
to
95.

ARRANGEMENT OF SECTIONS—Continued
SECTION

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(Repealed by Act No. 21 of 1986).}
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PART V

APPEALS TO THE PRIVY COUNCIL
96. Application of provisions of Trinidad and Tobago (Procedure in

Appeals to Privy Council).

PART VI

TRANSITIONAL POWERS
97. Provisions regarding pending appeals.

SCHEDULE—(Repealed by Act No. 21 of 1986).

SECTION

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12 of 1962.

Commencement.

Short title.

Interpretation.
[14 of 1964
39 of 1975
2 of 1980
21 of 1986].

Ch. 39:50.

CHAPTER 4:01

SUPREME COURT OF JUDICATURE ACT

An Act respecting the Supreme Court of Judicature established
in accordance with the provisions of the Constitution.

[31ST AUGUST 1962]

1. This Act may be cited as the Supreme Court of
Judicature Act.

PRELIMINARY
2. In this Act—
“action” means a civil proceeding commenced by writ or in such

other manner as may be prescribed by Rules of Court, and
does not include a criminal proceeding by the State;

“the Agreement” means the Agreement for the establishment of
the Council of Legal Education;

“cause” includes any action, suit or other original proceeding
between a plaintiff and defendant and any criminal
proceeding by the State;

“the Chief Justice” means the Chief Justice of Trinidad
and Tobago;

“Commonwealth citizen” has the meaning assigned to it in
section 15 of the Constitution;

“the Council of Legal Education” means the Council
incorporated by the Council of Legal Education Act;

“the Court of Appeal” means the Court of Appeal constituted
under this Act and the Constitution;

“defendant” includes every person served with any writ of
summons or process, or served with notice of or entitled to
attend, any proceeding;

“former Supreme Court” means the Supreme Court of Trinidad
and Tobago in existence immediately before the
commencement of this Act;

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“the High Court” means the High Court of Justice constituted
under this Act and the Constitution;

“inferior Court” means the Court of any Magistrate or Justice or
Justices, any Petty Civil Court and any Tribunal that may be
prescribed by Order of the President;

“judgment” includes decree;
“Justices of Appeal” means the Judges of the Court of Appeal,

other than the Chief Justice;
“Legal Education Certificate” means a certificate awarded by the

Council of Legal Education to any person on satisfactory
completion of a course of study and professional training
at one of the Law Schools established by the Council of
Legal Education;

“Master” means a Master of the High Court;
“matter” includes every proceeding in Court not in a cause;
“national” means a citizen of a country that is a party to the

Agreement, and includes a person regarded under any law in
force in that country as belonging to that country;

“order” includes decision and rule;
“party” includes every person served with notice of or attending

any proceeding, although not named on the record;
“petitioner” includes every person making any application to the

Court, either by petition, motion or summons, otherwise
than as against any defendant;

“plaintiff” includes every person asking any relief otherwise than
by way of counterclaim as a defendant, against any other
person by any form of proceeding whether it is taken by
action, suit, petition, motion, summons or otherwise;

“pleading” includes any petition or summons, and also includes
the statements in writing of the claim or demand of any
plaintiff, and of the defence of any defendant thereto, and of
the reply of the plaintiff to any counterclaim of a defendant;

“Puisne Judge” means a Judge of the High Court, other than the
Chief Justice;

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Reference to
former Supreme
Court deemed
reference to
High Court.
[14 of 1964].

Reference to
former Supreme
Court or Full
Court deemed
reference to
Court of Appeal.

Acts,
proceedings in
former Supreme
Court deemed
Acts,
proceedings of
the High Court.

“record” in relation to an appeal means the aggregate of papers
relating to that appeal, including pleadings, proceedings,
evidence, judgments and decisions proper to be laid before
the Court of Appeal or Judicial Committee, as the case may
be, on the hearing of the appeal;

“Registrar” means the Registrar of the Supreme Court of
Judicature;

“Rules of Court” includes the Rules in force by virtue of this Act,
as well as any other Rules to be made under the authority of
this Act, and also includes forms;

“the Supreme Court” means the Supreme Court of Judicature
constituted under this Act and the Constitution;

“suit” includes action;
“verdict” includes the finding of a jury and the decision of a Judge.

3. (1) Where in any written law passed before the
commencement of this Act, reference is made to the former
Supreme Court in the exercise of its jurisdiction and powers,
other than its appellate jurisdiction and powers, or to any of the
Judges of that Court, the reference shall be deemed to be a
reference to the High Court or to a Judge of the High Court, as
the case may be.
(2) Subject to this Act, where in any written law passed

before the commencement of this Act reference is made to the
former Supreme Court in the exercise of its appellate jurisdiction or
to the Full Court, the reference shall, unless the context otherwise
requires, be deemed to be a reference to the Court of Appeal.
(3) Any act done or proceedings taken in respect of any
cause or matter whatsoever in the former Supreme Court or
before a Judge thereof prior to the commencement of this Act
shall be deemed to have been done or taken in the High Court or
before a Judge thereof.
(4) A reference to the Chief Justice of the former
Supreme Court in any written law passed before the
commencement of this Act shall be read and construed as a
reference to the Chief Justice of Trinidad and Tobago.

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Supreme Court
of Judicature
and seal.
[14 of 1964].

Number of
Puisne Judges.
[14 of 1964
29 of 1968
3 of 1979
5 of 1980
4 of 1991
3 of 1996
23 of 2003
4 of 2010].

Number of
Justices of
Appeal.
[14 of 1964
29 of 1968
6 of 1978
3 of 1979
3 of 1996
4 of 2010].

PART I

CONSTITUTION OF THE SUPREME COURT
THE SUPREME COURT

4. (1) There shall be a Supreme Court of Judicature of
Trinidad and Tobago consisting of a High Court of Justice and a
Court of Appeal with such jurisdiction and powers as are conferred
respectively on these Courts by this Act and the Constitution.
(2) The Court of Appeal and the High Court shall each
have a seal bearing a device or impression approved by the
Chief Justice.
(3) The seal of the Court of Appeal shall bear the
inscription “The Court of Appeal Trinidad and Tobago” and the
seal of the High Court shall bear the inscription “The High Court
of Justice Trinidad and Tobago”.
(4) There shall be duplicate seals of the High Court for
use in San Fernando and in Tobago respectively and such further
duplicate seals of the Court of Appeal and of the High Court as
the Chief Justice may consider necessary.
(5) All Judges of the Supreme Court of Judicature
shall be addressed in the manner customary in addressing the
Judges of the former Supreme Court immediately before the
commencement of this Act.

5. (1) There shall be no less than six and no more than
thirty-six Puisne Judges and the Chief Justice shall be ex officio a
Judge of the High Court.
(2) The Puisne Judges shall, save as in this Act
otherwise expressly provided, have in all respects equal power,
authority and jurisdiction.

6. (1) The Judges of the Court of Appeal shall be the Chief
Justice who shall be President and twelve other Justices of Appeal;
the Court, however, shall be deemed to be duly constituted during
and notwithstanding any vacancy in the office of any Judge.

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Qualification of
Judges of
Supreme Court.
[14 of 1964
21 of 1986].
Ch. 90:03.

(2) Subject to this section, for the purpose of exercising
its jurisdiction the Court of Appeal shall be constituted in
accordance with the directions of the Chief Justice and shall
consist of an uneven number of Judges such number being not
less than three.
(3) The Court may, if the Chief Justice so directs, sit in
three divisions at the same time.
(4) An appeal to the Court of Appeal from an order of a
Judge in Chambers or from an order of an inferior Court shall be
heard before no fewer than two Judges of the Court of Appeal.
(5) In any cause or matter pending before the Court of
Appeal any direction incidental thereto not involving the decision
of the appeal may be given by a single Judge of that Court and a
single Judge of that Court may at any time during vacation make
any interim order to prevent prejudice to the claims of any parties
pending an appeal as he may think fit.
(6) Every order made by a single Judge of the Court of
Appeal in pursuance of this section may be discharged or varied
by any Judges of that Court having power to hear and determine
the appeal.
(7) If an even number of Judges having heard an appeal
under subsection (4) differ in an opinion, the case shall, on the
application of any party to the appeal, be re-argued and
determined by three Judges of the Court of Appeal.

QUALIFICATION OF JUDGES, VACANCIES, PRECEDENCE

7. (1) A person shall not be appointed to be a Judge of the
High Court unless he is a member of the Bar of England or is an
Attorney-at-law within the meaning of the Legal Profession Act
and is of not less than ten years standing.
(2) A person shall not be appointed to be a Judge of the
Court of Appeal unless—
(a) he has been a Judge of the former Supreme

Court or of the High Court for not less than three
years; or

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*By Act No. 2 of 1972, Schedule 1, sections 176 to 198 of the United Kingdom Act are repealed.

Ch. 90:03.

Precedence of
Judges.

General
jurisdiction of
the Court.
[2 of 1972].
15 and 16 Geo.
5 c. 49.

Ch. 3. No. 1.
(1950 Ed.).

(b) he is a member of the Bar of England or is an
Attorney-at-law within the meaning of the Legal
Profession Act and is of not less than fifteen
years standing.

(3) The High Court and the Court of Appeal shall,
during and notwithstanding any vacancy of the office of a Judge
thereof, be deemed respectively to be duly constituted.
8. (1) The Chief Justice shall have precedence over all
other Judges of the Supreme Court of Judicature.
(2) The Judges of the Court of Appeal shall rank among
themselves according to the priority of the dates on which they
respectively became Judges of the Court of Appeal and shall have
precedence over Judges of the High Court.
(3) The Judges of the High Court shall rank among
themselves according to the priority of the dates on which they
respectively became Judges of the High Court.

PART II
JURISDICTION AND LAW

JURISDICTION OF THE HIGH COURT
9. (1) There shall be vested in the High Court all such
original jurisdiction as is vested in or exercisable by the High Court
of Justice in England under the provisions of the Supreme Court of
Judicature (Consolidation) Act, 1925 of the United Kingdom,
(*other than sections 176 to 198) including the jurisdiction—
(a) in relation to matrimonial causes and matters; and
(b) with respect to declarations of legitimacy and of

validity of marriage.
(2) There shall also be vested in the High Court—
(a) all original jurisdiction which was vested in the

former Supreme Court by the Judicature
Ordinance and such jurisdiction shall include—

(i) the jurisdiction which was vested in or
capable of being exercised by all or any

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Jurisdiction in
Muslim
marriages.
[2 of 1972
19 of 1973].
Ch. 45:02.

Ch. 45:51.

one or more of the Judges of any such
former Court sitting in Court or Chambers
or elsewhere when acting as Judges or a
Judge pursuant to any instrument or
written law;

(ii) all the powers given to any such former
Court or to any such Judge or Judges by
any instrument or written law; and

(iii) all ministerial powers, duties and
authorities incidental to any and every
part of the jurisdiction so transferred.

10. (1) Subject to subsection (2), nothing in section 9 shall
prevent the institution of proceedings for dissolution or
annulment of marriage under the Muslim Marriage and Divorce
Act (in this section referred to as “the Act of 1961”).
(2) Where proceedings under the Act are brought
subsequent to the institution of proceedings under the
Matrimonial Proceedings and Property Act (in this section
referred to as “the Act of 1971”) or are, on the commencement of
the Act of 1971 (that is, l5th November 1973), pending—
(a) the proceedings under the Act of 1971 in respect

of such a marriage shall operate as a stay of
proceedings under the Act of 1961; and

(b) upon the final determination of the proceedings
under the Act of 1971, the proceedings brought
under the Act of 1961 shall be deemed to have
been concluded in the same manner and to the
same extent as the proceedings under the Act of
1971, if those proceedings allege the same or
substantially the same facts or grounds as
proceedings under the Act of 1971.

(3) Without prejudice to the provisions of subsection (4),
where proceedings instituted under the Act of 1961 are finally
determined, no further proceedings, alleging the same or
substantially the same facts or grounds may be brought under the
Act of 1971.

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Jurisdiction in
lunacy.

Common Law,
Doctrines of
Equity, Statute
Law deemed
laws of Trinidad
since 1848.

Right of
audience of
Attorney
General in
proceedings for
enforcement of
protective rights
of Constitution.

Practice and
procedure in
High Court.

Ch. 3. No. 1.
(1950 Ed.).

(4) For the purposes of the exercise of the jurisdiction
conferred by section 9 in accordance with Parts II and IV of the
Act of 1971 in a case where a decree of divorce, having the same
effect as a decree of divorce or nullity of marriage, has been made
under the Act of 1961, the decree of divorce shall be deemed to be
a decree of divorce or nullity of marriage made by the Court in
exercise of the jurisdiction so conferred and any order made under
section 17 of the Act of 1961 shall be construed accordingly.

11. All such jurisdiction in relation to the custody of the
persons and estates of persons of unsound mind as is in England
vested in the Lord Chancellor or other person or persons
entrusted by the British Crown with the care and commitment of
such persons and estates shall be vested in the High Court.

12. Subject to the provisions of any written law in operation
on 1st March 1848, and to any written law passed after that date,
the Common Law, Doctrines of Equity, and Statutes of general
application of the Parliament of the United Kingdom that were in
force in England on that date shall be deemed to have been
enacted and to have been in force in Trinidad as from that date
and in Tobago as from 1st January 1889.

13. In any action or proceedings brought by any person alleging
that any of the provisions of sections 4, 5, 6, 7, 11 and 13 of the
Constitution has been, is being or is likely to be contravened in relation
to him, the High Court shall give notice of the question arising in such
proceedings to the Attorney General who shall be entitled as of right
to be heard either in person or by an Attorney-at-law, notwithstanding
that the State is not a party to the action or proceedings.

14. The jurisdiction vested in the High Court shall, so far as
regards procedure and practice be exercised in the manner provided
by this Act or by Rules of Court and where no special provision is
contained in this Act or in Rules of Court with reference thereto any
such jurisdiction shall be exercised as nearly as may be in the same
manner as that in which it might have been exercised by the former
Supreme Court under the Judicature Ordinance (repealed by this Act).

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Powers of single
Judge.

Hearing of an
action and
subsequent
proceedings.

Law and equity
to be
administered.

Equities of
plaintiff.

Ch. 3. No. 1.
(1950 Ed.).

Equitable
defences.

15. Any single Judge sitting in the High Court may exercise
all or any part of the jurisdiction by this Act vested in that Court,
and when sitting for the purpose of the exercise shall be deemed to
constitute a Court; and any single Judge sitting in Chambers may
exercise all or any part of the jurisdiction aforesaid in all such
causes and matters and in all such proceedings in any causes or
matters as hitherto have been heard in Chambers by a single Judge.

16. Subject to any instrument or written law every action and
proceeding and all business arising out of the same shall, so far as
is practicable and convenient, be heard, determined and disposed
of before a single Judge; and all proceedings in an action
subsequent to the hearing or trial and down to and including the
final judgment or order, except any proceedings on appeal, shall,
so far as is practicable and convenient, be had and taken before the
Judge before whom the trial or hearing took place.

17. In every civil cause or matter commenced in the High
Court, law and equity shall be administered by the High Court
and the Court of Appeal, as the case may be, according to the
following Rules:
(1) If a plaintiff or petitioner claims to be entitled to any
equitable estate or right, or to relief upon any equitable ground
against a deed, instrument or contract, or against a right, title or
claim whatsoever asserted by a defendant or respondent in such
cause or matter, or to any relief founded upon a legal right which
before the commencement of the Judicature Ordinance (that is,
20th March 1880) could only have been given by a Court of
Equity, the High Court shall give to the plaintiff or petitioner such
relief as would be given by the High Court of Justice in England
in a suit or proceeding for the same or a like purpose.
(2) If a defendant claims to be entitled to any equitable
estate or right, or to relief upon any equitable ground against a deed,
instrument or contract, or against a right, title or claim asserted by a
plaintiff or petitioner or alleges any ground of equitable defence to
any claim of the plaintiff or petitioner in such cause or matter, the
Court or Judge shall give to each equitable defence so alleged

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UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 19

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Counterclaims
and third
parties.

Equities
appearing
incidentally.

Defence or stay
instead of
injunction or
prohibition.

such and the same effect by way of defence against the claim of the
plaintiff or petitioner as the High Court of Justice in England would
give if the same or like matters had been relied on by way of
defence in a suit or proceeding instituted in that Court for the
same or like purpose.
(3) The Court or Judge may grant to a defendant
respecting an equitable estate or right or other matter of equity and
also respecting a legal estate, right or title claimed or asserted by
him, all such relief against a plaintiff or petitioner as the defendant
has properly claimed by his pleading, and as might properly have
been granted in any suit instituted for that purpose by the same
defendant against the same plaintiff or petitioner, and also all such
relief relating to or connected with the original subject of the cause
or matter and in like manner claimed against any other person,
whether already a party to the same cause or matter or not, who has
been duly served with notice in writing of the claim pursuant to this
Act or any Rules of Court or an Order of the High Court, as might
properly have been granted against such person if he had been a
defendant to a cause duly instituted by the same defendant for the
like purpose. Every person served with any such notice as
aforesaid shall thenceforth be deemed a party to the cause or matter
with the same rights in respect of his defence against the claim as
if he had been duly sued in the ordinary way by the defendant.
(4) The Court or Judge shall recognise and take notice
of all equitable estates, titles and rights, and of all equitable duties
and liabilities appearing incidentally in the course of any cause or
matter, in the same manner in which the High Court of Justice in
England would recognise and take notice of the same in a suit or
proceeding duly instituted therein.

18. (1) No cause or proceeding at any time pending in the
High Court or the Court of Appeal shall be restrained by
prohibition or injunction but every matter of equity on which an
injunction against the prosecution of any such cause or
proceeding might formerly have been obtained whether
unconditionally or on any terms or conditions, may be relied on
by way of defence thereto.

UNOFFICIAL VERSION


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Common law
and statutory
rights and
duties.

Determination
of matter
completely and
finally.

(2) Nothing in this section shall disable either the High
Court or the Court of Appeal, if it thinks fit to do so, from
directing a stay of proceedings in any cause or matter pending
before it and any person, whether a party or not to any such cause
or matter at any time pending in the Court—
(a) who would have been entitled formerly to apply

to a Court to restrain the prosecution thereof; or
(b) who may be entitled to enforce by attachment or

otherwise any judgment, decree, rule or order in
contravention of which all or any part of the
proceedings in the cause or matter have been taken,

may apply to the High Court or the Court of Appeal, as the case
may be, by motion in a summary way, for a stay of proceedings
in the cause or matter, either generally or so far as might be
necessary for the purposes of justice, and the High Court or the
Court of Appeal shall thereupon make such order as shall be just.

19. Subject to the provisions of this Act for giving effect to
equitable rights and other matters of equity, the High Court or the
Court of Appeal and each Judge thereof shall recognise and give
effect to—
(a) all legal claims and demands; and
(b) all estates, titles, rights, duties, obligations and

liabilities existing by the Common Law, or by
Spanish law or by any custom, or by any
written law,

in the same manner as the same have hitherto been recognised
and given effect to.

20. The High Court and the Court of Appeal respectively in
the exercise of the jurisdiction vested in them by this Act and the
Constitution shall in every cause or matter pending before the
Court grant, either absolutely or on such terms and conditions as
to the Court seems just, all such remedies whatsoever as any of
the parties thereto may appear to be entitled to in respect of any
legal or equitable claim properly brought forward by him in the

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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 21

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Rules of equity
to prevail.

Declaratory
order.

Equitable waste.

Merger by
operation of
law.

Suit by
mortgagor for
rents and
profits.

Stipulations not
the essence of
contracts.

Granting of
mandamus, etc.

cause or matter, so that, as far as possible, all matters in
controversy between the parties may be completely and finally
determined, and all multiplicity of legal proceedings concerning
any of those matters avoided.

21. In all matters in which there is any conflict, or variance
between law and equity with reference to any matter, the rules of
equity shall prevail.

22. No action shall be open to objection on the ground that a
merely declaratory decree or order is sought.

23. (1) An estate for life without any impeachment of waste
shall not confer or be deemed to have conferred upon the tenant
for life a legal right to commit waste of the description known as
equitable waste, unless an intention to confer the right expressly
appears by the instrument creating the estate.
(2) There shall not be a merger by operation of law only
of any estate the beneficial interest in which would not be
deemed to be merged or extinguished in equity.
(3) A mortgagor entitled for the time being to the
possession or receipt of the rents and profits of any land, as to
which no notice of his intention to take possession or to enter into
receipt of the rents and profits thereof has been given by the
mortgagee, may sue for possession, or for the recovery of such
rents or profits, or to prevent or recover damages in respect of
any trespass or other wrong relating thereto in his own name
only, unless the cause of action arises upon a lease or other
contract made by him jointly with any other person and in that
case he may sue or distrain jointly with the other person.
(4) Stipulations in contracts, as to time or otherwise,
which are not deemed to be or to have become of the essence of the
contracts in a Court of Equity shall receive in all Courts the same
construction and effect as they would have received in equity.
(5) A mandamus or an injunction may be granted or a
receiver appointed by an interlocutory order of the Court or
Judge in all cases in which it appears to the Court or Judge to be just as

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Granting of
injunction in
certain cases.

Effect of
absolute
assignment of
debt.

convenient that the order should be made, and any such
order may be made either unconditionally or upon such terms
and conditions as the Court or Judge thinks just.
(6) If an injunction is asked, either before, or at, or after
the hearing of a cause or matter, to prevent a threatened or
apprehended waste or trespass, the injunction may be granted if
the Court or Judge thinks fit—
(a) whether the person against whom the injunction

is sought—
(i) is or is not in possession under a claim or

title or otherwise; or
(ii) if out of possession, does or does not

claim under any colour of title a right to
do the act sought to be restrained; and

(b) whether the estates claimed by both or by either
of the parties are legal or equitable.

(7) Any absolute assignment, by writing under the hand
of the assignor (not purporting to be by way of charge only), of
any debt or other legal thing in action, of which express notice in
writing has been given to the debtor, trustee, or other person from
whom the assignor would have been entitled to receive or claim
the debt or thing in action, shall be and be deemed to have been
effectual in law (subject to all equities which would have been
entitled to priority over the right of the assignee if this Act had
not passed) to pass and transfer the legal right to the debt or thing
in action from the date of the notice, and all legal and other
remedies for the same, and the power to give a good discharge for
the same, without the concurrence of the assignor; but if the
debtor, trustee, or other person liable in respect of the debt or
thing in action has had notice that the assignment is disputed by
the assignor or anyone claiming under him, or of any other
opposing or conflicting claims to the debt or thing in action, he
shall be entitled, if he thinks fit, to call upon the several persons
making claim thereto to interplead concerning the same.

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22 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 23

LAWS OF TRINIDAD AND TOBAGO

Execution of
instrument by
order of Court.

Investment of
moneys paid
into Court.
[30 of 2005].

Ch. 79:09.

Interest on
moneys in
financial
institutions.
[30 of 2005].

Power of Courts
to award interest
on debts and
damages.
[6 of 1976].

24. Where any person neglects or refuses to comply with a
judgment or order directing him to execute any conveyance,
contract or other document, or to endorse any negotiable
instrument, the High Court may on such terms and conditions, if
any, as may be just, order that the conveyance, contract or other
document shall be executed or that the negotiable instrument
shall be endorsed by such person as the High Court may
nominate for that purpose and a conveyance, contract, document
or instrument so executed or endorsed shall operate and be for all
purposes available as if it had been executed or endorsed by the
person originally directed to execute or endorse it.

24A. Notwithstanding any written law to the contrary, all
moneys paid into the High Court in any cause or matter, and all
moneys paid under the control of, or subject to the order of the
Court or a Judge or Master of the Court, may be invested—
(a) in securities that are authorised by the Rules of

the Supreme Court or by any written law for
the investment of moneys under the control of
the Court;

(b) by depositing such moneys in an interest
bearing account in a financial institution as
defined in the Financial Institutions Act, to the
credit of an account in the name of the Registrar
of the Supreme Court or in such name as a Judge
or Master of the Court shall order, with the
addition of the words “in trust” to the title of
every such account.

24B. Moneys deposited in a financial institution may be
deposited to any amount in any particular case and shall bear
interest, and such interest shall be paid on any such deposits,
irrespective of amount, as shall from time to time be paid to
depositors in such institution.
25. In any proceedings tried in any Court of record for
recovery of any debt or damages, the Court may, if it thinks fit,
order that there shall be included in the sum for which judgment

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Interest on
judgment debt.
[46 of 2000].

Proceedings
against, and
contribution
between, joint
and several
tortfeasors.
[50 of 1976].

is given interest at such rate as it thinks fit on the whole or any
part of the debt or damages for the whole or any part of the period
between the date when the cause of action arose and the date of
the judgment, but nothing in this section—
(a) shall authorise the giving of interest upon

interest;
(b) shall apply in relation to any debt upon which

interest is payable as of right whether by virtue
of any agreement or otherwise; or

(c) shall affect the damages recoverable for the
dishonour of a bill of exchange.

25A. (1) Every judgment debt entered up carries interest at the
rate of twelve per centum per annum from the time of entering up
the judgment, until the same shall be satisfied and such interest
may be levied under a writ of execution on such judgment.
(2) The Minister of Finance may, by Order subject to
negative resolution of Parliament, vary the rate of interest
prescribed in subsection (1).

26. (1) Where damage is suffered by any person as a result
of a tort, whether a crime or not—
(a) judgment recovered against any tortfeasor liable

in respect of that damage shall not be a bar to
any action against any other person who would,
if sued, have been liable as a joint tortfeasor in
respect of the same damage;

(b) if more than one action is brought in respect of
that damage by or on behalf of the person by whom
it was suffered, or for the benefit of the estate, or of
the dependants of that person, against tortfeasors
liable in respect of the damage, whether as joint
tortfeasors or otherwise, the sums recoverable
under the judgments given in those actions by way
of damages shall not in the aggregate exceed the
amount of the damages awarded by the judgment
first given; and in any of those actions, other than
that in which judgment is first given, the plaintiff

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24 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 25

LAWS OF TRINIDAD AND TOBAGO

shall not be entitled to costs unless the Court is
of opinion that there was reasonable ground for
bringing the action;

(c) any tortfeasor liable in respect of that damage
may recover contribution from any other
tortfeasor who is, or would if sued have been,
liable in respect of the same damage, whether as
a joint tortfeasor or otherwise, so however, that
no person shall be entitled to recover contribution
under this section from any person entitled to be
indemnified by him in respect of the liability in
respect of which the contribution is sought.

(2) In any proceedings for contribution under this
section the amount of the contribution recoverable from any
person shall be such as may be found by the Court to be just and
equitable having regard to the extent of that person’s
responsibility for the damage; and the Court shall have power to
exempt any person from liability to make contribution, or to
direct that the contribution to be recovered from any person shall
amount to a complete indemnity.
(3) For the purposes of this section—
(a) the expression “dependants” has the meaning

assigned to it by section 2 of the Compensation
for Injuries Act;

(b) the reference in this section to “the judgment
first given” shall, in a case where that judgment
is reversed in appeal, be construed as a reference
to the judgment first given which is not so
reversed, and, in a case where a judgment is
varied on appeal, be construed as a reference to
that judgment as so varied.

(4) Nothing in this section shall—
(a) apply with respect to any tort committed before

24th December 1936;
(b) affect any criminal proceedings against any

person in respect of any wrongful act; or

Ch. 8:05.

UNOFFICIAL VERSION


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(c) render enforceable any agreement for indemnity
which would not have been enforceable if this
section had not been passed.

27. (1) Subject to the provisions of this section, on the death
of any person after 24th December 1936, all causes of action
subsisting against or vested in him shall survive against or, as the
case may be, for the benefit of, his estate; but this subsection shall
not apply to causes of action for defamation or seduction or for
inducing one spouse to leave or remain apart from the other.
(2) Where a cause of action survives as aforesaid for the
benefit of the estate of a deceased person, the damages
recoverable for the benefit of the estate of that person—
(a) shall not include any exemplary damages;
(b) in the case of a breach of promise to marry shall

be limited to such damage, if any, to the estate of
that person as flows from the breach of promise
to marry;

(c) where the death of that person has been caused
by the act or omission which gives rise to the
cause of action, shall be calculated without
reference to any loss or gain to his estate
consequent on his death, except that a sum in
respect of funeral expenses may be included.

(3) No proceedings shall be maintainable in respect of a
cause of action in tort which by virtue of this section has survived
against the estate of a deceased person, unless either—
(a) proceedings against him in respect of that cause

of action were pending at the date of his death; or
(b) the cause of action arose not earlier than six

months before his death and proceedings are taken
in respect thereof not later than six months after
his personal representative took out representation.

(4) Where damage has been suffered by reason of any
act or omission in respect of which a cause of action would have
subsisted against any person if that person had not died before or

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26 Chap. 4:01 Supreme Court of Judicature

Effect of death
on certain
causes of action.
[2 of 1972].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 27

LAWS OF TRINIDAD AND TOBAGO

Ch. 8:05.

Apportionment
of liability in
cases of
contributory
negligence.
[6 of 1976].

at the same time as the damage was suffered, there shall be
deemed, for the purposes of this section, to have been subsisting
against him before his death such cause of action in respect of
that act or omission as would have subsisted if he had died after
the damage was suffered.
(5) The rights conferred by this section for the benefit of
the estates of deceased persons shall be in addition to and not in
derogation of any rights conferred on the dependants of deceased
persons by the Compensation for Injuries Act, and so much of
this section as relates to causes of action against the estates of
deceased persons shall apply in relation to causes of action under
the said Act as it applies in relation to other causes of action not
expressly excepted from the operation of subsection (1).
(6) In the event of the insolvency of an estate against
which proceedings are maintainable by virtue of this section, any
liability in respect of the cause of action in respect of which the
proceedings are maintainable shall be deemed to be a debt
provable in the administration of the estate, notwithstanding that
it is a demand in the nature of unliquidated damages arising
otherwise than by a contract, promise or breach of trust.

28. (1) Where any person suffers damage as the result partly
of his own fault and partly of the fault of any other person or
persons, a claim in respect of that damage shall not be defeated
by reason of the fault of the person suffering the damage, but the
damages recoverable in respect thereof shall be reduced to such
extent as the Court thinks just and equitable having regard to the
claimant’s share in the responsibility for the damage. However,
this subsection shall not operate to defeat any defence arising
under a contract; and where any contract or written law providing
for the limitation of liability is applicable to the claim, the
amount of damages recoverable by the claimant by virtue of this
subsection shall not exceed the maximum limit so applicable.
(2) Where damages are recoverable by any person by
virtue of subsection (1), subject to such reduction as is therein
mentioned, the Court shall find and record the total damages
which would have been recoverable if the claimant had not been
at fault.

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(3) Section 26 shall apply in any case where two or
more persons are liable or would, if they had all been sued, be
liable by virtue of subsection (1) in respect of the damage
suffered by any person.
(4) Where any person dies as the result partly of his own

fault and partly of the fault of any other person or persons, and
accordingly if an action were brought for the benefit of the estate
under section 26 the damages recoverable would be reduced under
subsection (1), any damages recoverable in an action brought for
the benefit of the dependants of that person under the Compensation
for Injuries Act shall be reduced to a proportionate extent.
(5) Where, in any case to which subsection (1) applies,
one of the persons at fault avoids liability to any other such
person or his personal representative by pleading the Limitation
of Personal Actions Ordinance or any other written law limiting
the time within which proceedings may be taken, he shall not be
entitled to recover any damages or contributions from that other
person or representative by virtue of the said subsection.
(6) Article 21 of the Convention contained in the First
Schedule to the Carriage by Air Act, 1932 of the United Kingdom
as applied to Trinidad and Tobago which empowers a Court to
exonerate wholly or partly a carrier who proves that the damage
was caused by or contributed to by the negligence of the injured
person, shall have effect subject to the provisions of this section.

29. Where a workman or his personal representative or
dependant has recovered compensation under the Workmen’s
Compensation Act in respect of an injury caused under
circumstances which would give a right to recover reduced
damages in respect thereof by virtue of section 28 from some
person other than the employer, hereinafter referred to as “the
third party”, any right conferred by section 15 of the Workmen’s
Compensation Act on the person by whom the compensation was
paid or on any person called on to pay an indemnity under
section 14 of that Act to be indemnified by the third party shall
be limited to a right to be indemnified in respect of such part

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28 Chap. 4:01 Supreme Court of Judicature

Ch. 8:05.

Ch. 5. No. 6.
(1950 Ed.).

22 and 23
Geo. 5 c. 36.

Provisions as to
workmen and
employers.
Ch. 88:05.
[14 of 1964].

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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 29

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Common
employment.
[50 of 1976].

Saving for
Maritime
Conventions
Act, 1911 and
past cases.
1 and 2 Geo. 5
c. 57.

Interpretation.
[14 of 1964
50 of 1976].

Ch. 8:05.

Ch. 88:05.

only of the sum paid or payable by the said person as bears to the
total sum so paid or payable the same proportion as the said
reduced damages bear to the total damages which would have
been recoverable if the workman had not been at fault.

30. (1) It is not a defence, to an employer who is sued in
respect of personal injuries caused by the negligence of a person
employed by him, that that person was, at the time the injuries
were caused, in common employment with the person injured.
(2) Any provision contained in a contract of service or
apprenticeship or in an agreement collateral thereto [including a
contract or agreement entered into before this section comes into
operation (that is, 31st March 1977)] is void in so far as it would
have the effect of excluding or limiting any liability of the
employer in respect of personal injuries to the person employed
or apprenticed by the negligence of persons in common
employment with him.
(3) In this section “personal injuries” means any disease
and any impairment of a person’s physical or mental condition,
and the expression “injured” shall be construed accordingly.

31. Sections 28 and 29 shall not apply to any claim to which
section 1 of the Maritime Conventions Act, 1911 of the United
Kingdom applies and that Act shall have effect as if those
sections were not in force.

32. In sections 28 and 29—
“Court” means, in relation to any claim, the Court or

Commissioner by or before whom the claim falls to be
determined;

“damage” includes loss of life and personal injury;
“dependant” has the meaning assigned to it by section 2 of the

Compensation for Injuries Act;
“employer” and “workman” have the meanings assigned to them

in the Workmen’s Compensation Act;

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“fault” means negligence, breach of statutory duty or other act or
omission which gives rise to a liability in tort or would,
apart from this Act, give rise to the defence of contributory
negligence.

33. The High Court may, upon application by or on behalf of
the Director of Public Prosecutions, if it appears to the High
Court that any inquest is, either by reason of the defective report
of a District Medical Officer or for any other cause, inadequate,
notwithstanding anything in the Coroners Act or any other Act,
issue a writ ad melius inquirendum, directed either to the Coroner
whose inquest is inadequate, or to such Coroner together with
any other person or persons, or to any person or persons other
than the Coroner, whom the High Court thinks fit.

VEXATIOUS ACTIONS

34. (1) If, on an application made by the Attorney General
under this section to the High Court, the High Court is satisfied
that any person has habitually and persistently and without
reasonable ground instituted vexatious legal proceedings,
whether in the Court of Appeal, the High Court, or in an inferior
Court, and whether against the same person or against different
persons, the High Court may, after hearing that person or giving
him an opportunity of being heard, order that no legal
proceedings shall without leave of the High Court or a Judge
thereof be instituted by him in any Court and such leave shall not
be given unless the High Court is satisfied that the proceedings
are not an abuse of the process of the Court and that there is
prima facie ground for the proceedings.
(2) If the person against whom an order is sought under
this section is unable on account of poverty to retain an Attorney-
at-law, the High Court shall assign an Attorney-at-law to him.
(3) A copy of any order made under this section shall be
published in the Gazette.

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30 Chap. 4:01 Supreme Court of Judicature

Power to issue
writ ad melius
inquirendum.
[14 of 1964
136/1976].
Ch. 6:04.

Restrictions on
institution of
vexatious
actions.

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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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Supreme Court of Judicature Chap. 4:01 31

LAWS OF TRINIDAD AND TOBAGO

Jurisdiction of
Court of Appeal.

Ch. 3. No. 1
(1950 Ed.).
Power to revise
proceedings of
inferior Courts.
[136/1976].

Practice and
procedure in
Court of
Appeal.

PART III
JURISDICTION OF THE COURT OF APPEAL

35. Subject to the Constitution, to the provisions of this Act
and to the Rules of Court, the Court of Appeal shall have all the
jurisdiction and powers formerly vested in the former Supreme
Court in the exercise of its appellate jurisdiction under the
Judicature Ordinance.

36. (1) Upon application by or on behalf of the Director of
Public Prosecutions in criminal matters and by or on behalf of the
Attorney General in any other matter, the Court of Appeal may,
if it thinks fit, order any Judge, Magistrate, or Justice presiding in
any inferior Court, to send to the Registrar the record of
proceedings in any case, and may also, if it thinks fit, require in
addition to such record a statement showing in detail the
proceedings taken in reference to the whole case or any particular
matter, and if it appears to the Court of Appeal that there has been
any material error in the proceedings of the inferior Court, the
Court of Appeal may set aside or vary any judgment or order of
proceedings of the inferior Court and pass such judgment and
remit the case or matter to the inferior Court with such directions
as justice requires.
(2) It shall be in the discretion of the Court of Appeal to
exercise the powers given to it by this section either without
hearing any person or after hearing such persons as it thinks
fit, and the Court of Appeal may, if it thinks fit, direct that an
order nisi be served upon such persons as the Court thinks fit,
and upon making absolute any such order nisi, may order the
cost to be paid by all or any of the parties served as the Court
thinks just.

37. (1) The jurisdiction of the Court of Appeal so far as it
concerns practice and procedure in relation to appeals from the
High Court shall be exercised in accordance with the provisions
of this Act and Rules of Court and where no special provisions

UNOFFICIAL VERSION


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are contained in this Act or Rules of Court any such jurisdiction
so far as concerns practice and procedure in relation to appeals
from the High Court shall be exercised as nearly as may be in
conformity with the law and practice in force in England on
30th August l962—
(a) in relation to criminal matters, in the Court of

Criminal Appeal;
(b) in relation to civil matters, in the Court of Appeal.
(2) Subject to Rules of Court the provisions of the
Summary Courts Act regulating appeals shall apply in respect of
appeals under that Act or under any other written law to which
the procedure in respect of such appeals is applied.

CIVIL APPEALS FROM HIGH COURT
38. (1) Subject as otherwise provided in this Act or in any
other written law, the Court of Appeal shall have jurisdiction to
hear and determine appeals from any judgment or order of the
High Court, in all civil proceedings and for the purposes of and
incidental to the hearing and determination of any appeal, and the
amendment, execution and enforcement of any judgment or order
made thereon, the Court of Appeal shall have all the power,
authority and jurisdiction of the High Court.
(2) No appeal shall lie, except by leave of the Judge
making the order or of the Court of Appeal from—
(a) an order made with the consent of the parties;
(b) an order as to costs;
(c) a final order of a Judge of the High Court made

in a summary proceeding.
(3) No appeal shall lie—
(a) except as provided by this Act, from any order

made by a Judge of the High Court in any
criminal cause or matter;

(b) from an order allowing an extension of time for
appealing from an order;

(c) from an order of a Judge of the High Court
giving unconditional leave to defend an action;

LAWS OF TRINIDAD AND TOBAGO

32 Chap. 4:01 Supreme Court of Judicature

Ch. 4:20.

Appeals in civil
matters.
[136/1976].

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L.R.O.

Supreme Court of Judicature Chap. 4:01 33

LAWS OF TRINIDAD AND TOBAGO

Power of Court
of Appeal on
hearing an
appeal.

(d) from an order absolute for the dissolution or
nullity of marriage in favour of any party who
having had time and opportunity to appeal from
the decree nisi on which the order was founded
has not appealed from that decree.

39. (1) On the hearing of an appeal from any order of the
High Court in any civil cause or matter, the Court of Appeal shall
have the power to—
(a) confirm, vary, amend, or set aside the order or

make any such order as the Court from whose
order the appeal is brought might have made, or
to make any order which ought to have been
made, and to make such further or other order as
the nature of the case may require;

(b) draw inferences of fact;
(c) direct the Court from whose order the appeal is

brought to enquire into and certify its finding on
any question which the Court of Appeal thinks
fit to be determined before final judgment in
the appeal.

(2) The powers of the Court of Appeal under this section
may be exercised notwithstanding that no notice of appeal or
respondent’s notice has been given in respect of any particular part
of the decision of the High Court by any particular party to the
proceedings in Court, or that any ground for allowing the appeal or
for affirming or varying the decision of that Court is not specified in
such a notice; and the Court of Appeal may make any order, on such
terms as the Court of Appeal thinks just, to ensure the determination
on the merits of the real question in controversy between the parties.
(3) The powers of the Court of Appeal in respect of an
appeal shall not be restricted by reason of any interlocutory order
from which there has been no appeal.
(4) The Court of Appeal may make such order as to the
whole or any part of the costs of an appeal as may be just, and
may, in special circumstances, order that such security shall be
given for the costs of an appeal as may be just.

UNOFFICIAL VERSION


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40. (1) Subject to the provisions of this section, on the
hearing of an appeal in any civil cause or matter the Court of
Appeal shall, if it appears to the Court of Appeal that a new trial
should be held, have power to set aside the order appealed against
and order that a new trial be held.
(2) On the hearing of an appeal in any civil cause or
matter, a new trial may be ordered on any question without
interfering with the finding or decision upon any other question
and the Court of Appeal may make such final or other order as
the circumstances of the case may require.

41. The Court of Appeal shall not grant a new trial or reverse
any judgment by reason of the ruling of any Court that the stamp
upon any document is sufficient or that the document does not
require a stamp.

CRIMINAL APPEALS FROM HIGH COURT
42. In sections 42 to 65—

“appeal” means an appeal by a person convicted upon indictment
and “appellant” means the person making such appeal;

“Minister” means the Minister designated under section 87(2) of
the Constitution;

“sentence” includes any order of the Court made on conviction
with reference to the person convicted or his wife or
children and any recommendation of the convicting Court as
to the making of a deportation order or of an expulsion order
in the case of a person convicted, and the power of the Court
of Appeal to pass a sentence includes a power to make any
such order or recommendation as the convicting Court
might have made and a recommendation so made by the
Court of Appeal shall have the same effect for the purposes
of any law under which such recommendation is permitted
to be made, as the certificate and recommendation of the
convicting Court.

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34 Chap. 4:01 Supreme Court of Judicature

Power of Court
of Appeal as to
new trials.
[6 of 1976].

Wrong rulings
as to sufficiency
of stamps.

Definitions.
[14 of 1964].

UNOFFICIAL VERSION


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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 35

LAWS OF TRINIDAD AND TOBAGO

Right of appeal
in criminal
cases.

Determination
of appeals in
ordinary cases.

43. A person convicted on indictment may appeal under this
Act to the Court of Appeal—
(a) against his conviction on any ground of appeal

which involves a question of law alone; and
(b) with the leave of the Court of Appeal or upon

the certificate of the Judge who tried him that it
is a fit case for appeal against his conviction on
any ground of appeal which involves a question
of fact alone, or a question of mixed law and
fact, or any other ground which appears to the
Court to be a sufficient ground of appeal; and

(c) with the leave of the Court of Appeal against the
sentence passed on his conviction, unless the
sentence is one fixed by law.

44. (1) The Court of Appeal on any such appeal against
conviction shall allow the appeal if it thinks that the verdict of the
jury should be set aside on the ground that it is unreasonable or
cannot be supported having regard to the evidence, or that the
judgment of the Court before whom the appellant was convicted
should be set aside on the ground of a wrong decision on any
question of law or that on any ground there was a miscarriage of
justice, and in any other case shall dismiss the appeal; but the
Court may, notwithstanding that they are of opinion that the point
raised in the appeal might be decided in favour of the appellant,
dismiss the appeal if they consider that no substantial miscarriage
of justice has actually occurred.
(2) Subject to the special provisions of this Act, the
Court of Appeal shall, if it allows an appeal against conviction,
either quash the conviction and direct a judgment and verdict of
acquittal to be entered, or if the interests of justice so require,
order a new trial.
(3) On an appeal against sentence the Court of Appeal
shall, if it thinks that a different sentence should have been
passed, quash the sentence passed at the trial, and pass such other
sentence warranted in law by the verdict whether more or less
severe, in substitution therefore as it thinks ought to have been
passed, and in any other case shall dismiss the appeal.

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45. (1) If it appears to the Court of Appeal that an appellant,
though not properly convicted on some count or part of the
indictment, has been properly convicted on some other count or
part of the indictment, the Court of Appeal may either affirm the
sentence passed on the appellant at the trial, or pass such sentence
in substitution therefor as it thinks proper, and as may be
warranted in law by the verdict on the count or part of the
indictment on which the Court of Appeal considers that the
appellant has been properly convicted.
(2) Where an appellant has been convicted of an offence
and the jury could on the indictment have found him guilty of
some other offence, and on the finding of the jury it appears to
the Court of Appeal that the jury must have been satisfied of facts
which proved him guilty of that other offence, the Court of
Appeal may, instead of allowing or dismissing the appeal,
substitute for the verdict found by the jury a verdict of guilty of
that other offence, and pass such sentence in substitution for the
sentence passed at the trial as may be warranted in law for that
other offence, not being a sentence of greater severity.
(3) Where on the conviction of the appellant the jury
have found a special verdict, and the Court of Appeal considers
that a wrong conclusion has been arrived at by the Court before
which the appellant has been convicted on the effect of that
verdict, the Court of Appeal may, instead of allowing the appeal,
order such conclusion to be recorded as appears to the Court of
Appeal to be in law required by the verdict, and pass such
sentence in substitution for the sentence passed at the trial as may
be warranted in law.
(4) If on any appeal it appears to the Court of Appeal
that, although the appellant was guilty of the act or omission
charged against him, he was insane at the time the act was done
or omission made so as not to be responsible according to law for
his actions, the Court of Appeal may quash the sentence passed
at the trial and order the appellant to be kept in custody as a
person found guilty but insane under the Criminal Procedure Act
in the same manner as if a special verdict had been found by the
jury under that Act.

LAWS OF TRINIDAD AND TOBAGO

36 Chap. 4:01 Supreme Court of Judicature

Power of Court
in special cases.

Ch. 12:02.

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UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 37

LAWS OF TRINIDAD AND TOBAGO

Re-vesting and
restitution of
property on
conviction.

Ch. 82:30.

Supplementary
powers of Court
of Appeal.

46. (1) The operation of any order for the restitution of any
property to any person made on a conviction on indictment, and
the operation in case of any such conviction, of the provisions of
section 25(1) of the Sale of Goods Act, as to the re-vesting of the
property in stolen goods on conviction, shall unless the Court
before whom the conviction takes place direct to the contrary in
any case in which, in their opinion, the title to the property is not
in dispute, be suspended—
(a) in any case until the expiration of fourteen days

after the date of the conviction; and
(b) in cases where notice of appeal or leave to appeal

is given within fourteen days after the date of
conviction, until the determination of the appeal,

and in cases where the operation of any such order, or the operation
of the said provisions, is suspended until the determination of the
appeal, the order or provisions, as the case may be, shall not take
effect as to the property in question if the conviction is quashed on
appeal. Provisions may be made by Rules of Court for securing the
safe custody of any property, pending the suspension of the
operation of any such order or of the said provisions.
(2) The Court of Appeal may by order annul or vary any
order made on a trial for the restitution of any property to any
person, although the conviction is not quashed; and the order, if
annulled, shall not take effect, and, if varied, shall take effect as
so varied.

47. For the purposes of an appeal in any criminal cause or
matter, the Court of Appeal may, if it thinks it necessary or
expedient in the interest of justice—
(a) receive the evidence, if tendered, of any witness

including the appellant, who is a competent but
not compellable witness, and, if application is
made for the purpose, of the husband or wife of
the appellant in cases where the evidence of the
husband or wife could not have been given at
the trial except on the application;

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(b) issue any warrant necessary for enforcing any
order or sentence of the Court of Appeal.

However,
(i) in no case shall any sentence be increased

by reason of or in consideration of any
evidence that was not given at the trial; and

(ii) whenever the Court of Appeal receives
further evidence it shall make such order
as will afford an opportunity to the parties
to the proceedings to examine every
witness whose evidence is taken.

48. (1) An appellant who is not released on bail shall,
pending the determination of his appeal, be treated in like manner
as prisoners awaiting trial.
(2) The Court of Appeal may, if it seems fit, on the
application of an appellant, grant him bail pending the
determination of his appeal.
49. (1) The time during which an appellant, pending the
determination of his appeal, is released on bail, and subject to any
directions which the Court of Appeal may give to the contrary to
any appeal, the time during which the appellant, if in custody, is
specially treated as an appellant under this section, shall not count
as part of any term of imprisonment under his sentence, and, in the
case of an appeal under this Act, any imprisonment under the
sentence of the appellant, whether it is the sentence passed by the
Court of trial or the sentence passed by the Court of Appeal, shall,
subject to any directions which may be given by the Court of
Appeal, be deemed to be resumed or to begin to run, as the case
requires, if the appellant is in custody, as from the day on which
the appeal is determined, and, if he is not in custody, as from the
day on which he is received into prison under the sentence.
(2) Provision shall be made by prison rules for the
manner in which an appellant, when in custody, is to be brought
to any place at which he is entitled to be present for the purposes
of this Act or to any place to which the Court of Appeal or any
Judge thereof may order him to be taken for the purposes of any

LAWS OF TRINIDAD AND TOBAGO

38 Chap. 4:01 Supreme Court of Judicature

Admission of
appellant to bail,
and custody
when attending
Court.
[18 of 1994].

Computation
and
commencement
of sentence.
[18 of 1994].

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UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 39

LAWS OF TRINIDAD AND TOBAGO

Time for
appealing.
[55 of 2000].

Stay of
execution.

proceedings of that Court, and for the manner in which he is to
be kept in custody while absent from prison for such purpose; and
an appellant whilst in custody in accordance with those Rules
shall be deemed to be in legal custody.
50. (1) Where a person convicted desires to appeal under
this Act to the Court of Appeal, or to obtain the leave of that
Court to appeal, he shall give notice of appeal or notice of his
application for leave to appeal in such manner as may be directed
by Rules of Court within fourteen days of the date of conviction.
Such Rules shall enable any convicted person to present his case
and his argument in writing instead of by oral argument if he so
desires. Any case or argument so presented shall be considered
by the Court of Appeal.
(2) Except in the case of a conviction involving sentence
of death, the time within which notice of appeal or notice of an
application for leave to appeal may be given may be extended at
any time by the Court of Appeal.
(3) Notwithstanding subsection (2), where a person is
convicted of an offence for which a confiscation order may be
made against him, the person shall give notice of his intention—
(a) to appeal his conviction, within fourteen days of

the date of conviction; and
(b) to appeal his sentence, within fourteen days of

the date of sentencing.
51. In the case of a conviction involving sentence of death or

corporal punishment—
(a) the sentence shall not in any case be executed

until after the expiration of the time within which
notice of appeal or of an application for leave to
appeal may be given under this section; and

(b) if notice is so given, the appeal or application shall
be heard and determined with as much expedition
as practicable, and the sentence shall not be
executed until after the determination of the
appeal, or, in cases where an application for leave
to appeal is finally refused of the application.

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52. The Judge before whom a person is convicted shall, in
the case of an appeal under this Act against the conviction or
against the sentence or in the case of an application for leave to
appeal under this Act, furnish to the Registrar in accordance with
Rules of Court, his notes of the trial; and shall also furnish to the
Registrar in accordance with Rules of Court a report giving his
opinion upon the case or upon any point arising in the case.

53. The Court of Appeal may at any time assign to an
appellant an Attorney-at-law in any appeal or proceedings
preliminary or incidental to an appeal in which, in the opinion of
the Court, it appears desirable in the interests of justice that the
appellant should have legal aid, and that he has not sufficient
means to enable him to obtain that aid.

54. (1) An appellant, notwithstanding that he is in custody,
shall be entitled to be present, if he desires it on the hearing of his
appeal, except where the appeal is on some ground involving a
question of law alone, but, in that case and on an application for
leave to appeal and on any proceedings preliminary or incidental
to an appeal, shall not be entitled to be present, except where
Rules of Court provide that he shall have the right to be present,
or where the Court gives him leave to be present.
(2) The power of the Court of Appeal to pass any
sentence under this Act may be exercised notwithstanding that
the appellant is for any reason not present.

55. (1) It shall be the duty of the Director of Public
Prosecutions by himself or by other Attorney-at-law designated
by him to appear for the State on every criminal appeal to the
Court of Appeal under this Act, except so far as a private
prosecutor in the case of a private prosecution, undertakes the
defence of the appeal.
(2) Provisions shall be made by Rules of Court for the
transmission to the Director of Public Prosecutions of all such
documents, exhibits, and other things connected with the
proceedings as he may require for the purpose of his duties under
this section.

LAWS OF TRINIDAD AND TOBAGO

40 Chap. 4:01 Supreme Court of Judicature

Judge’s notes
and report to be
furnished on
appeal.

Legal assistance
to appellant.

Right of
appellant to be
present.

Duty of Director
of Public
Prosecutions.
[136/1976].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 41

LAWS OF TRINIDAD AND TOBAGO

Costs of appeal.

Duties of
Registrar with
respect to
notices of
appeal, etc.

56. (1) On the hearing and determination of a criminal appeal
from the High Court or any proceedings preliminary or incidental
thereto under this Act, no costs shall be allowed on either side.
(2) The expenses of any Attorney-at-law assigned to an
appellant under this Act, and the expenses of any witnesses
attending on the order of the Court of Appeal or examined in any
proceedings incidental to the appeal, and of the appearance of an
appellant on the hearing of his appeal or on any proceedings
preliminary or incidental to the appeal, and all expenses of and
incidental to any examination of witnesses conducted by any
person appointed by the Court for the purpose, or any reference
of a question to a special commissioner appointed by the Court,
or of any person appointed as assessor to the Court, shall be
defrayed up to an amount allowed by the Court, but subject to
any Regulations as to rates and scales of payment made by the
Rules Committee.

57. (1) The Registrar shall take all necessary steps for
obtaining a hearing under this Act of any appeals or applications,
notice of which is given to him under this Act, and shall obtain and
lay before the Court of Appeal in proper form all documents,
exhibits, and other things relating to the proceedings in the Court
before which the appellant or applicant was tried which appear
necessary for the proper determination of the appeal or application.
(2) If it appears to the Registrar that any notice of an
appeal against a conviction, purporting to be on a ground of
appeal which involves a question of law alone, does not show any
substantial ground of appeal, the Registrar may refer the appeal
to the Court of Appeal for summary determination, and, where
the case is so referred, the Court of Appeal may, if it considers
that the appeal is frivolous or vexatious, and can be determined
without adjourning the same for a full hearing, dismiss the appeal
summarily, without calling on any persons to attend the hearing
or to appear for the State thereon.
(3) Any documents, exhibits, or other things connected
with the proceedings on the trial of any person on indictment, who,
if convicted, is entitled or may be authorised to appeal under this

UNOFFICIAL VERSION


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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Act, shall be kept in the custody of the Court of trial in accordance
with Rules of Court made for the purpose, for such time as may
be provided by the Rules and subject to such power as may be
given by the Rules for the conditional release of any such
documents, exhibits, or things from that custody.
(4) The Registrar shall furnish the necessary forms and
instructions in relation to notices of appeal or notices of application
under this Act to any person who demands the same, and to officers
or persons as he thinks fit, and the Commissioner of Prisons shall
cause those forms and instructions to be placed at the disposal of
prisoners desiring to appeal or to make any application under this
Act, and shall cause any such notice given by a prisoner in his
custody to be forwarded on behalf of the prisoner to the Registrar.
(5) The Registrar shall report to the Court of Appeal or
some Judge thereof any case in which it appears to him that,
although no application has been made for the purpose, an
Attorney-at-law ought to be assigned to an appellant under the
powers given to that Court by this Act.

58. (1) Such records in such manner, whether in writing or by
recordings on electro-magnetic tape or by any other means as may
be prescribed by Rules of Court shall be taken of the proceedings at
the trial of any person on indictment who, if convicted, is entitled or
may be authorised to appeal under this Act; and on any appeal or
application for leave to appeal a transcript of the records or any part
thereof shall be made if the Registrar so directs, and furnished to the
Registrar for the use of the Court of Appeal or any Judge thereof.
(2) A transcript of the records taken under subsection (1)
shall be furnished to any party interested upon the payment of
such charges as may be fixed by Rules of Court.
(3) The Minister may also, if he thinks fit in any case,
direct a transcript of such records to be made and furnished to
him for his use.
(4) Rules of Court may also make such provision as is
necessary for securing the accuracy of the records to be taken and
for the verification of the transcript.

LAWS OF TRINIDAD AND TOBAGO

42 Chap. 4:01 Supreme Court of Judicature

Records.
[14 of 1964].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 43

LAWS OF TRINIDAD AND TOBAGO

Powers which
may be
exercised by a
Judge of the
Court.
[18 of 1994].

Case stated or
question of law
reserved.

59. The powers of the Court of Appeal under this Act—
(a) to give leave to appeal;
(b) to extend the time within which notice of

appeal or of an application for leave to appeal
may be given;

(c) to assign legal aid to an appellant;
(d) to allow the appellant to be present at any

proceedings in cases where he is not entitled to
be present without leave; or

(e) to grant bail to an appellant,
may be exercised by any Judge of the Court of Appeal in the
same manner as they may be exercised by the Court of Appeal,
and subject to the same provisions; but, if the Judge refuses an
application on the part of the appellant to exercise any such
power in his favour, the appellant shall be entitled to have the
application determined by the Court as duly constituted for the
hearing and determining of appeals under this Act.

60. (1) Where any person is convicted on indictment, the
trial Judge may state a case or reserve a question of law for the
consideration of the Court of Appeal and the Court of Appeal
shall consider and determine such case stated or question of law
reserved and may either—
(a) confirm the judgment given upon the indictment;
(b) order that the judgment be set aside and quash

the conviction and direct a judgment and verdict
of acquittal to be entered;

(c) order that the judgment be set aside, and give
instead thereof the judgment which ought to
have been given at the trial;

(d) require the Judge by whom such case has been
stated or question has been reserved to amend
such statement or question when specially
entered on the record; or

(e) make such other order as justice requires.

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(2) The Court of Appeal, when a case is stated or a
question of law reserved for its opinion, shall have power, if it
thinks fit, to cause the case or certificate to be sent back for
amendment and thereupon the same shall be amended accordingly.

61. Where a case is stated or a question of law reserved for the
consideration of the Court of Appeal, the provisions of sections 48,
49, 51, 53, 54, 55, and 56, section 57(1), (3) and (5) and section 59
shall apply to such proceedings in like manner as to an appeal.

62. In the case of an appeal which involves a question of law
alone, the Court of Appeal may, if it thinks fit, request the Judge
of the High Court to state the question together with all the
circumstances under which the said question has arisen in such
manner as may be prescribed by Rules of Court.

63. (1) Where a person tried on indictment has been
acquitted (whether in respect of the whole or part of the
indictment) the Attorney General may, if he desires the opinion of
the Court of Appeal on a point of law which has arisen in the case,
refer that point to the Court, and the Court shall, in accordance
with this section, consider the point and give their opinion on it.
(2) For the purpose of its consideration of a point referred
to it under this section the Court of Appeal shall hear argument—
(a) by, or by an Attorney-at-law on behalf of, the

Attorney General; and
(b) if the acquitted person desires to present any

argument to the Court, by an Attorney-at-law on
his behalf or, with the leave of the Court, by the
acquitted person himself.

(3) Where the Court of Appeal has given its opinion
on a point referred to it under this section, the Court may, of its
own motion or in pursuance of an application in that behalf,
refer the point to the Judicial Committee of the Privy Council if
it appears to the Court that the point ought to be considered by
the Judicial Committee.

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44 Chap. 4:01 Supreme Court of Judicature

Provisions of
this Act
applicable to
proceedings
under
section 60.

Case stated by
Judge of High
Court at request
of Court of
Appeal.

Reference to
Court of Appeal
of point of law
following
acquittal on
indictment.
[45 of 1979].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 45

LAWS OF TRINIDAD AND TOBAGO

Prerogative of
mercy.
[136/1976].

Criminal
information.

(4) If a point is referred to the Judicial Committee under
subsection (3), the Judicial Committee shall consider the point
and give their opinion on it accordingly.
(5) Where, on a point being referred to the Court of Appeal
under this section or further referred to the Judicial Committee of the
Privy Council, the acquitted person appears by an Attorney-at-law
for the purpose of presenting any argument to the Court or the
Judicial Committee, he shall be entitled to his costs, that is to say to
the payment out of public funds of such sums as are reasonably
sufficient to compensate him for expenses properly incurred by him
for the purpose of being represented on the reference or further
reference; and any amount recoverable under this subsection shall
be ascertained, as soon as practicable, by the Registrar.
(6) A reference under this section shall not affect the
trial in relation to which the reference is made or any acquittal in
that trial.

64. (1) Nothing in this Act shall affect the prerogative of mercy.
(2) The President on the advice of the Minister on the
consideration of any petition for the exercise of the President’s
power of pardon having reference to the conviction of a person
on indictment or to the sentence, other than sentence of death,
passed on a person so convicted, may at any time—
(a) refer the whole case to the Court of Appeal, and

the case shall then be heard and determined by
the Court as in the case of an appeal by a person
convicted; or

(b) if he desires the assistance of the Court of
Appeal on any point arising in the case with a
view to the determination of the petition, refer
that point to the Court for their opinion thereon,
and the Court shall consider the point so referred
and furnish the President with their opinion
thereon accordingly.

65. This Act shall apply in the case of convictions on criminal
information as it applies in the case of convictions on indictment.

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PART IIIA
MASTERS OF THE HIGH COURT

*65A. (1) There shall be attached to the High Court not less
than two Masters who shall respectively exercise such authority
and jurisdiction of a Judge in Chambers as may from time to time
be assigned to a Master by Rules of Court.
(2) The Masters shall, save as this Act or Rules of Court
may otherwise expressly provide, have in all respects equal
power, authority and jurisdiction but shall rank among
themselves according to the priority of the dates of their
respective appointments as Masters.
(3) No person shall be appointed to be a Master unless
he either—
(a) is an Attorney-at-law within the meaning of the

Legal Profession Act and has practised as such
for not less than seven years; or

(b) is an Attorney-at-law of the Supreme Court and
has practised as such for not less than seven
years; or

(c) is an Attorney-at-law of the Supreme Court or
of a Superior Court of jurisdiction in a
Commonwealth Country and has either—

(i) practised as such for not less than seven
years; or

(ii) after he became qualified so to practise,
has served in the judicial or legal
department of Trinidad and Tobago or of
any Commonwealth Country for not less
than seven years; or

has so practised and so served for periods which together amount
to not less than seven years.
(4) The office of Master shall be an office to which
section 111 of the Constitution applies.

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46 Chap. 4:01 Supreme Court of Judicature

* Sections 65A to 65D contained in Part IIIA came into operation on 1st June 1981—
See LN 56/1981.

Masters of the
High Court.
[2 of 1980].

Ch. 90:03.

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L.R.O.

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LAWS OF TRINIDAD AND TOBAGO

Powers of
Master.
[2 of 1980].

Appeals.
[2 of 1980].

Procedure
where cases are
not concluded
by Master.
[2 of 1980].

65B. (1) Where under this Act a Master has jurisdiction in
relation to any matter, then, subject to this Act, he shall have and
may exercise in relation to that matter all the powers of the Court or
of a Judge of the High Court sitting in Chambers to make an order
in the matter and such an order may include provision for costs,
certificate for Attorney-at-law or other consequential matters; and
any such order made by a Master shall, subject to this Act, have the
same effect as if it had been made by the Court or by a Judge.
(2) Where under this Act a Master exercises jurisdiction
in relation to any matter, then—
(a) in relation to such matter, the Master shall have

all the rights, powers, immunities and privileges
of a Judge;

(b) any party to the proceedings may, if he so
desires, appear by Attorney-at-law.

65C. (1) An appeal shall be to the Court of Appeal from any
order or decision of the Master made in the exercise of any
jurisdiction conferred on him under this Act.
(2) No appeal from an order or a decision of a Master
under this section shall operate as a stay of proceedings unless
such Master or the Court of Appeal so orders.
65D. Where the hearing of any proceedings has commenced
before a Master and he ceases, either temporarily or permanently,
to hold that office prior to the conclusion of the hearing—
(a) if he has reserved judgment and ceases as

aforesaid before he has delivered his judgment,
he may at any time lodge with the Registrar such
judgment in writing and such judgment shall as
soon as possible thereafter be read in Chambers
in accordance with the directions of the Chief
Justice, and shall take effect in all respects as if
the person who reserved judgment had continued
to be a Master and had delivered judgment;

(b) he may, whether or not he has reserved judgment
as aforesaid, be assigned at any time to be a Master
for the purpose of concluding such hearing.

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PART IIIB

APPEALS BY THE DIRECTOR OF PUBLIC
PROSECUTIONS

65E. (1) Section 63 notwithstanding, the Director of Public
Prosecutions may appeal to the Court of Appeal—
(a) against a judgment or verdict of acquittal of a

trial Court in proceedings by indictment when
the judgment or verdict is the result of a decision
by the trial Judge to uphold a no case
submission or withdraw the case from the jury
on any ground of appeal that the decision of the
trial Judge is erroneous in point of law;

(b) with leave of the Court of Appeal or a Judge
thereof, against the sentence passed by a trial
Court in proceedings by indictment, unless that
sentence is one fixed by law.

(2) For the purposes of this section a judgment or
verdict of acquittal includes an acquittal in respect of an offence
specifically charged notwithstanding that the accused has on the
trial thereof been convicted of another offence.

65F. (1) Where the Director of Public Prosecutions proposes
to appeal to the Court of Appeal or to obtain the leave of that
Court to appeal he shall give notice of appeal or notice of his
application for leave to appeal, in such manner as may be
prescribed by Rules of Court within fourteen days of the date of
the verdict of acquittal or sentence passed.
(2) The Court of Appeal or a Judge thereof may at any
time extend the time within which notice of appeal or notice of
an application for leave to appeal may be given.

65G. On an appeal from an acquittal the Court of Appeal may—
(a) dismiss the appeal; or
(b) allow the appeal, set aside the verdict, and order

a new trial.

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48 Chap. 4:01 Supreme Court of Judicature

Right of
Director of
Public
Prosecutions to
appeal.
[28 of 1996].

Time for
appealing.
[28 of 1996].

Power of Court
on appeal from
acquittal.
[28 of 1996].

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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Supreme Court of Judicature Chap. 4:01 49

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Power of Court
on appeal
against sentence
by the Director
of Public
Prosecutions.
[28 of 1996].

Judge’s notes
and report.
[28 of 1996].

65H. Where an appeal brought by the Director of Public
Prosecutions is against the sentence, the Court of Appeal shall
consider the adequacy of the sentence appealed against, and may
upon such evidence as it thinks fit to require or receive—
(a) vary the sentence, within the limits prescribed

by law, for the offence of which the accused was
convicted; or

(b) dismiss the appeal.

65I. (1) Where, under this Part, an appeal is lodged or an
application for leave to appeal is made, the Judge who presided
at the trial shall furnish the Court of Appeal, in accordance with
Rules of Court, a report giving his opinion upon the case or upon
any point arising in the case.
(2) A copy or transcript of—
(a) the evidence taken at the trial;
(b) the charge to the jury, if any, and the reasons for

judgment, if any, shall be furnished to the Court
of Appeal except in so far as it is dispensed with
by order of a Judge of that Court.

(3) A copy of the Judge’s charge to the jury, if any, and
any objections that were made to it shall, before the copy or
transcript is transmitted to the Court of Appeal pursuant to
subsection (2), be submitted to the Judge who presided at the
trial, and if the Judge refuses to certify that the charge and
objections are accurately set out, he shall immediately certify to
the Court of Appeal—
(a) the reasons for his refusal; and
(b) the charge that was given to the jury, if any, and

any objections that were made to it.
(4) A party to the appeal is entitled to receive upon
payment of such charges as may be fixed by Rules of Court a
copy or transcript of any material that is prepared under
subsections (1), (2) and (3).

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65J. (1) A respondent, notwithstanding that he is in custody,
shall, on the hearing of an appeal under this Part, be entitled to be
present in Court if he so desires, except where the appeal is on a
ground involving a question of law alone.
(2) On an application for leave to appeal or on any

proceedings preliminary or incidental to an appeal, a respondent
shall not be entitled to be present, except where Rules of Court
otherwise provide, or where the Court gives him leave to be present.
(3) The power of the Court of Appeal to make an order
under this Part may be exercised notwithstanding that the
respondent is for any reason not present.
65K. The Court of Appeal may at any time assign to a
respondent an Attorney-at-law, in any appeal or proceedings
preliminary or incidental to an appeal in which, in the opinion of
the Court, it appears desirable in the interest of justice that the
respondent should have legal aid, and that he has not sufficient
means to enable him to obtain that aid.
65L. On the hearing and determination of an appeal or any
proceedings preliminary or incidental thereto under this Part, the
Court may make such order as to costs as it sees fit.
65M. (1) The Registrar shall take all necessary steps for
obtaining a hearing under this Part of any appeal or application,
notice of which is given to him under this Act, and shall obtain and
lay before the Court of Appeal in proper form all documents,
exhibits, and other things relating to the proceedings in the Court
before which the respondent was tried which appear necessary for
the proper determination of the appeal or application.
(2) If it appears to the Registrar that a notice of appeal against
an acquittal, which purports to be on a ground of appeal that involves a
question of law alone, does not show a substantial ground of appeal, the
Registrar may refer the appeal to the Court of Appeal for summary
determination, and, where the case is so referred, the Court of Appeal
may, if it considers that the appeal is frivolous or vexatious, and can be
determined without adjourning the same for a full hearing, dismiss the
appeal summarily, without calling on any person to attend the hearing.

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50 Chap. 4:01 Supreme Court of Judicature

Right of
respondent to be
present.
[28 of 1996].

Legal assistance
to respondent.
[28 of 1996].

Costs of appeal.
[28 of 1996].

Duties of
Registrar.
[28 of 1996].

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Supreme Court of Judicature Chap. 4:01 51

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Powers which
may be
exercised by a
Judge of the
Court.
[28 of 1996].

Appeals to the
Judicial
Committee.
[28 of 1996].

(3) Any documents, exhibits, or other things required in
connection with an appeal or on a motion for leave to appeal
under this Part shall be kept in the custody of the Court of trial in
accordance with Rules of Court made for the purpose, for such
time as may be provided by the Rules and subject to such power
as may be given by the Rules for the conditional release of any
such documents, exhibits, or things from that custody.
(4) Where a person named as a respondent in a notice of
appeal or in an application for leave to appeal made under this Part
is in prison, all documents relating to such notice or application
shall be served upon him at the prison in which he is detained.
(5) The Registrar shall report to the Court of Appeal or
a Judge thereof any case in which it appears to him that, although
no application has been made for the purpose, an Attorney-at-law
ought to be assigned to a respondent under the powers given to
that Court by this Part.

65N. The powers of the Court of Appeal under this Part—
(a) to give leave to appeal;
(b) to extend the time within which notice of

appeal or of an application for leave to appeal
may be given;

(c) to assign legal aid to a respondent; or
(d) to allow the respondent to be present at any

proceedings in cases where he is not entitled to
be present without leave,

may be exercised by any Judge of the Court of Appeal in the
same manner as they may be exercised by the Court of Appeal,
and subject to the same provisions; but, if the Judge refuses an
application on the part of the respondent to exercise any such
power in his favour, the respondent shall be entitled to have the
application determined by the Court as duly constituted for the
hearing and determining of appeals under this Act.

65O. An appeal from a decision of the Court of Appeal under
this Part shall lie to the Judicial Committee as of right.

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65P. Where this Part does not make provision for any of the
matters provided for in sections 42 to 65, those sections, as
suitably modified, shall apply.

65Q. In this Part “respondent” means the person whose
acquittal or whose sentence is the subject of an appeal by the
Director of Public Prosecutions.

PART IV

GENERAL PROVISIONS
REGISTRAR AND OTHER OFFICERS

66. (1) There shall be a Registrar of the Supreme Court.
(2) The Registrar shall have custody of the seal of the
Court of Appeal and of the High Court and of all records,
documents, and papers of the Court.
(3) The Registrar shall have such power and authority
and perform such duties as shall be necessary for the due conduct
and discharge of the business of the Supreme Court and as the
Judges thereof shall direct.
(4) The Registrar shall perform such duties as may be
prescribed by Rules of Court, and shall also have powers and
discharge duties corresponding to the powers and duties of the
Queen’s Coroner and Attorney and Master of the Crown Office
attached to the Queen’s Bench Division of the High Court of
Justice in England so far as such powers or duties relate to any
judicial proceedings.
(5) The Registrar shall be an Attorney-at-law.

67. (1) The Registrar shall have power and jurisdiction to do
such of the things and transact such of the business as by virtue
of any written law, or by custom, or by the Rules and practice of
the High Court, are done and transacted by a Judge of the High
Court sitting in Chambers as may from time to time be prescribed
by Rules of Court; but the Registrar shall have no jurisdiction in
respect of matters relating to the liberty of the subject.

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52 Chap. 4:01 Supreme Court of Judicature

Sections 42 to
65 to apply.
[28 of 1996].

Interpretation.
[28 of 1996].

Registrar.
[14 of 1964].

Registrar to
have powers of
Judge in
Chambers.
[19 of 1973
6 of 1976].

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LAWS OF TRINIDAD AND TOBAGO

Deputy
Registrar and
Assistant
Registrars.
[14 of 1964
29 of 1968].

Custody of
duplicate seal.
[14 of 1964].

Common
powers of
Registrars.
[14 of 1964].

Registrar to be
Marshal.

(2) A person affected by any order or decision of the
Registrar sitting in Chambers may appeal to the High Court or to
the Court of Appeal, as the case may be, in such cases as may be
provided for by Rules of Court. The Rules of Court relating to
appeals from the Registrar to the High Court or to the Court of
Appeal, shall be—
(a) in the case of the High Court, such as are

prescribed by Rules of Court; and
(b) in the case of the Court of Appeal, the Rules of

Court relating to appeals from a Judge in Chambers.

68. (1) There shall be a Deputy Registrar of the Supreme Court.
(2) There shall be at least three Assistant Registrars of
the Supreme Court, one of whom shall be for Port-of-Spain, one
for San Fernando and one for Tobago.
(3) The Deputy Registrar and every Assistant Registrar
shall be an Attorney-at-law and shall be public offices to which
section 111 of the Constitution applies.
(4) The Deputy Registrar and every Assistant Registrar
shall in the exercise of his office have all and singular the like
authorities, powers, duties, immunities and liabilities of the
Registrar, except where otherwise provided by Rules of Court.

69. The Assistant Registrar for San Fernando and the
Assistant Registrar for Tobago shall each have custody of the
duplicate seals of the High Court for use in San Fernando and
Tobago respectively.

70. Any act done or document signed by the Registrar, the
Deputy Registrar or an Assistant Registrar shall not be liable to
objection on the ground that it ought to be done or signed by
another of them.

71. The Registrar shall be Marshal of Trinidad and Tobago
and shall perform all the duties, have all the rights and powers,
and be subject to all the liabilities and obligations appertaining to
the office immediately before the commencement of this Act.

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72. (1) The Deputy Registrar and the Assistant Registrar for
Port-of-Spain shall be the Deputy Marshals of the Supreme Court
in Port-of-Spain, and the senior Principal Officer in the Registry
of the Supreme Court shall be the Second Deputy Marshal of the
Supreme Court in Port-of-Spain.
(2) The Assistant Registrars for San Fernando and
Tobago shall be the Deputy Marshals of the Supreme Court for
San Fernando and Tobago respectively.
(3) There shall be a Second Deputy Marshal of the
Supreme Court for San Fernando who shall be an officer in the
Registry of the Supreme Court at San Fernando.
(4) The Deputy Marshals and the Second Deputy
Marshals shall, subject to Rules of Court, have all the powers
and may perform all the duties of the Marshal.

SITTINGS OF THE SUPREME COURT

73. Subject to any written law, the High Court and each Judge
thereof shall have power at any time and in any place in Trinidad and
Tobago to sit and act for the transaction of any part of the business
of the High Court or a Judge thereof in the discharge of any duty that
by any written law or otherwise may be required to be discharged.
74. (1) Sittings of the High Court for the trial of civil and
criminal cases shall be held at Port-of-Spain, San Fernando,
Scarborough and any other place in Trinidad and Tobago
designated by the Chief Justice at such times as the Chief Justice
with the concurrence of a Judge of the High Court shall appoint.
(2) Notice of the places designated and the times
appointed for the sittings of the High Court under this section
shall be published in the Gazette.
75. The President may at any time, by warrant under his hand

and seal, require the Judges of the High Court to appoint special
sittings, to be held at such time or times and in such place or places
in Trinidad and Tobago as may be directed by the warrant, for the
trial of any particular criminal case or cases or class of criminal
cases; and the Judges shall appoint and hold sittings accordingly

LAWS OF TRINIDAD AND TOBAGO

54 Chap. 4:01 Supreme Court of Judicature

Deputy Marshal.
[14 of 1964].

Power to sit at
any time.

Sittings of High
Court.
[21 of 1994].

Special criminal
sitting.
[21 of 1994
5 of 1996].

UNOFFICIAL VERSION


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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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*Amendment by Act No. 14 of 1964, s. 19(2), deemed to have come into operation on 1st August 1962.

Sitting of Court
of Appeal.
[2 of 1974].

Sub. Leg.

Power to make
Rules of Court.
[14 of 1964
21 of 1986
23 of 1992].

Ch. 6:01.

Rules of Court.
[14 of 1964
19 of 1973
6 of 1976
45 of 1979
2 of 1980
21 of 1986
23 of 1992].

and, in order to comply with the exigencies of the warrant, shall lay
aside all other business as is necessary.
76. (1) Subject to subsection (2) the Court of Appeal shall
sit in Port-of-Spain at such times as may be prescribed for the
hearing and determination of all appeals.
(2) In addition to the sitting of the Court of Appeal in
accordance with subsection (1), sittings of the Court of Appeal for
the hearing and determination of such classes of appeals as may
be prescribed, may be held at San Fernando and Scarborough at
such times between the periods prescribed by Order 1, Rule 4 of
the Court of Appeal Rules, as the Chief Justice may direct.

RULES OF COURT

77. Rules of Court may be made by the Chief Justice
together with any four of the following persons who shall form
the Rules Committee, namely:
(a) a Judge of the Court of Appeal* to be nominated

by the Chief Justice;
(b) a Judge of the High Court* to be nominated by

the Chief Justice;
(c) the Attorney General or any legal officer referred

to in Part I, II or III of the First Schedule to the
Judicial and Legal Service Act, to be nominated
by the Attorney General;

(ca) a Master of the High Court to be nominated by
the Chief Justice;

(d) the Registrar of the Supreme Court; and
(e) two practitioner members of the Law Association

nominated by the Council of the Law Association
and who shall hold office for three years.

78. (1) Rules of Court may be made under this Act for the
following purposes:
(a) for regulating and prescribing the procedure,

including the method of pleading, and practice

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to be followed and the fees to be taken in the
Court of Appeal and the High Court respectively
in all causes and matters whatsoever in or with
respect to which those Courts respectively have
for the time being jurisdiction, and any matters
incidental to or relating to any such procedure or
practice, including but without prejudice to the
generality of the foregoing provision, the
manner in which and the time within which, any
applications which under this or any other Act
are to be made to the Court of Appeal or to the
High Court shall be made;

(aa) for making provision for the High Court in which
any proceedings are pending, in such
circumstances as may be specified in the Rules,
to make an order requiring a party to the
proceedings to make an interim payment of such
amount as may be specified in the order, either by
payment into Court or, if the order so provides,
by paying it to another party to the proceedings;

(b) for regulating and prescribing the procedure on
appeals from any Court or person to the Court of
Appeal, and the procedure in connection with
the transfer of proceedings from an inferior
Court to the High Court or from the High Court
to an inferior Court;

(c) for regulating the places and time of the sittings
of the Court of Appeal and the High Court;

(d) for regulating any matters relating to the costs
of proceedings in the Court of Appeal or the
High Court;

(e) for prescribing in what cases trials in the High
Court are to be with a jury and in what cases
they are to be without a jury;

(f) for regulating the means by which particular facts
may be proved, and the mode in which evidence
thereof may be given, in any proceedings or on

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Sub. Leg.

Ch. 3. No. 1.
(1950 Ed.).

any application in connection with or at any stage
of any proceedings, including for providing for
orders being made at any stage of any proceedings
directing that specified facts may be proved at the
trial by affidavit with or without the attendance
of the deponent for cross-examination and that
he may be produced for that purpose;

(g) for regulating or making provision with respect to
any other matters with respect to which provision
is made in the Court of Appeal Rules, or which
were regulated by or with respect to which
provision was made by the Rules of the former
Supreme Court under the Judicature Ordinance
immediately before the commencement of this
Act or with respect to applications and
proceedings relating to legitimacy declarations;

(h) for regulating the procedure and the practice of
the High Court with respect to non-contentious
or common form probate business;

(i) for regulating the vacations to be observed by
the High Court and the Court of Appeal and in
the offices of the said Courts respectively;

(j) for the hearing during vacation by the Judges of
the High Court and the Court of Appeal
respectively all such applications as may require
to be immediately or promptly heard;

(k) for regulating the practice and procedure of the
Court of Appeal in relation to appeals to the
Judicial Committee of the Privy Council and in
particular for the following purposes:

(i) the preparation and transmission of the
record and the case;

(ii) the consolidation of appeals;
(iii) withdrawal of appeals before despatch of

the record to England;
(iv) failure to prosecute appeals prior to

despatch of the record to England;

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(v) change of parties;
(vi) the contents and form of the case of a

party to an appeal;
(l) for regulating and prescribing the procedure in

disciplinary proceedings against Attorneys-at-law;
(m) for providing safeguards in respect of disclosure

of the identity of an acquitted person where a
point of law arising out of his trial is submitted by
the Attorney General to the Court of Appeal in
accordance with section 63; and, also the form of
reference and other procedural matters [including
applications to the Judicial Committee of the
Privy Council under section 63(3)];

(n) for regulating the investment of all moneys
transferred, paid into or deposited in the
Supreme Court in any cause or matter or any
moneys under the control of, or subject to the
order of the Supreme Court.

(1A) Rules of Court may prescribe the cases in which the
powers, authority and jurisdiction of a Master may be exercised.
(2) Rules of Court may prescribe the cases in which
jurisdiction or powers of the High Court or a Judge of the High
Court may be exercised by a referee appointed by the Court or a
referee agreed upon by the parties and, without prejudice to the
generality of the foregoing provision, may in particular—
(a) authorise the whole of any cause or matter or

any question or issue therein to be ordered to be
tried before, or any question arising in any cause
or matter to be ordered to be referred for enquiry
and report to, any such referee; and

(b) authorise powers of attachment and committal
to be exercised by any referee appointed by the
Court (but not by any other referee),

and may make any provision incidental to any such provisions
as aforesaid.

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(3) The decision of a referee, agreed upon by the parties,
may be called in question in such manner, whether by an appeal
to the Court of Appeal or by an appeal or application to the Court
as may be prescribed by Rules of Court; but Rules of Court may
provide either generally or to a limited extent for a decision of a
referee appointed by the Court to be called in question only by
appeal on a question of law.
(3A) Rules of Court made under subsection (1)(aa) may
include provision for enabling a party to any proceedings who,
in pursuance of such an order, has made an interim payment to
recover the whole or part of the amount of the payment in such
circumstances, and from such other party to the proceedings, as
may be determined in accordance with the Rules.
(3B) Any Rules of Court made by subsection (1)(aa)
may include such incidental, supplementary and consequential
provisions as the Rules Committee may consider necessary
or expedient.
(3C) Nothing in subsection (1)(aa) shall be construed as
affecting the exercise of any power relating to costs, including
the power contained in subsection (1)(d).
(3D) In subsection (1)(aa)—
(a) “interim payment”, in relation to a party to any

proceedings means a payment on account of any
damages, debt or other sum (excluding any
costs) which that party may be held liable to pay
to or for the benefit of another party to the
proceedings if a final judgment or order of the
Court in the proceedings is given or made in
favour of that other party; and

(b) any reference to a party to any proceedings
includes a reference to any person who for the
purposes of the proceedings acts as next friend
or guardian of a party to the proceedings.

(4) Rules of Court made under this section shall be
subject to negative resolution of Parliament.

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79. The Rules of the Supreme Court 1975 (hereinafter
referred to as “the Rules”) may be published in loose-leaf form or
in such other form as the Rules Committee may determine and
shall include such pages as may be authorised to be included
therein under section 80(1).

80. (1) The Rules Committee may with the approval of the
President by Order authorise the inclusion in the Rules of any
page to be comprised therein containing any amendments to the
Rules made under section 78 or any other written law and every
page so authorised shall form part of the Rules.
(2) The Rules Committee may with the approval of the
President by Order direct the removal of pages from the Rules
and any page so directed to be removed shall cease to form part
of the Rules.
(3) Every page included in the Rules under subsection (1)
shall bear on its face or overleaf a reference to the Revised Rules
of Court Order by which its inclusion in the Rules is authorised.
(4) A page bearing a reference prescribed by subsection (3)
and appearing in every respect to be part of the Rules shall for all
purposes be presumed to be a page of the Rules.
(5) A person who prints, publishes or knowingly has in
his possession any page falsely purporting to be a page of the
Rules or so closely resembling a page of the Rules as to be
mistaken for such page is liable on summary conviction to a fine
of one thousand dollars or to imprisonment for twelve months.

81. (1) The Legitimacy Rules 1937, and any other Rules
made under any Act shall continue in force with the necessary
modifications and adaptations as if made under section 78 and
may be added to, amended or revoked by Rules of Court made by
the Rules Committee under section 78.
(2) The Court of Appeal Rules formerly set out in the
Third Schedule shall be deemed to be Rules of Court made under
section 78 and may be added to, amended or revoked by Rules of
Court made by the Rules Committee under section 78.

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60 Chap. 4:01 Supreme Court of Judicature

Form of
publication.
[6 of 1976].

Inclusion or
removal of
pages to be
authorised by
order.
[6 of 1976].

Saving.
[19 of 1973
21 of 1986
23 of 1992].

Sub. Leg.
Third Schedule.

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L.R.O.

Supreme Court of Judicature Chap. 4:01 61

LAWS OF TRINIDAD AND TOBAGO

* See section 66(1) of the Legal Profession Act, 1986 (Act No. 21 of 1986) which repealed these Rules.†The Supreme Court of Judicature (Amendment) Act, 1992 came into operation on 24th
December 1992 (the date of Assent of the Act).

Sub. Leg.

19 of 1973.

†23 of 1992.

Reference to
Chief Justice
acting with
others to make
Rules.

Saving of
procedure.

*(3) The Barristers (Disciplinary Proceedings) Rules
made by the Rules Committee on 23rd June 1965 shall, as from
that date, be deemed to have been validly made.
(4) Nothing in subsection (3) shall be construed as
authorising the reinstitution of disciplinary proceedings against
an Attorney-at-law in respect of any allegation of misconduct
where a motion in respect of that allegation was dismissed by the
High Court, before the commencement of the Supreme Court of
Judicature (Amendment) Act 1973 (that is, 15th November 1973).
†(5) Orders for interim payments made by the Supreme
Court in pursuance of the Rules of Court made prior to the
commencement of the Supreme Court of Judicature
(Amendment) Act, 1992 and all payments made in pursuance of
such orders and all acts and things done under the said Rules of
Court relative to such orders which would have been lawful if the
said Rules of Court had been validly made shall be deemed to
have been lawfully made or done.

82. Where in any written law provision is made for the
making of Rules of Court by the Chief Justice or by the Chief
Justice in concurrence with a Judge or other person or body of
persons, that provision shall be read as if it were a reference to
the Rules Committee under this Act.

83. (1) Save as is otherwise provided by this Act or by Rules
of Court, all forms and methods of procedure which, under or by
virtue of any law, custom, general order or Rules whatsoever,
were formerly in force in any of the Courts the jurisdiction of
which is vested in the High Court or the Court of Appeal
respectively, and which are not inconsistent with this Act or with
Rules of Court, may continue to be used in the High Court and
the Court of Appeal respectively in the like cases and for the like
purposes as those in and for which they have been applicable in
the former respective Courts.

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(2) Subject to Rules of Court, the practice and procedure
in all criminal causes and matters whatsoever in the High Court
shall be the same as the practice and procedure in force at the
commencement of this Act in relation to similar causes and matters.

84. (1) In any cause or matter before the High Court or the
Court of Appeal, other than a criminal proceeding by the State
the Court may, if it thinks it expedient to do so, call in the aid of
one or more assessors specially qualified and try and hear the
cause or matter wholly or partially with their assistance.
(2) The remuneration, if any, to be paid to an assessor
shall be determined by the Court.

85.
to
95.

PART V

APPEALS TO THE PRIVY COUNCIL
96. The provisions of the Trinidad and Tobago (Procedure in
Appeals to Privy Council) Order in Council, 1962 shall apply to
all appeals from the Court of Appeal to the Judicial Committee of
the Privy Council.

PART VI

TRANSITIONAL POWERS
97. (1) Where in any civil or criminal cause or matter notice
of appeal from the judgment or order of the Full Court or a Judge
of the former Supreme Court to the British Caribbean Court of
Appeal has been given before the date of the commencement of
this Act, all proceedings in respect of that appeal may be
continued before the Court of Appeal.

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62 Chap. 4:01 Supreme Court of Judicature

(Repealed by Act No. 21 of 1986).}

Trial with
assessors.
[6 of 1976].

Application of
provisions of
Trinidad and
Tobago
(Procedure in
Appeals to
Privy Council).
S.I. 1962
No. 1876
(U.K.).

Provisions
regarding
pending appeals.

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L.R.O.

Supreme Court of Judicature Chap. 4:01 63

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(2) Where in any civil or criminal cause or matter,
notice of appeal from an order or judgment of the Supreme Court
or from any decision of an inferior Court has been given to the
Full Court before the date of the commencement of this Act but
proceedings in respect of that appeal are subsequent to that date
still pending before such last mentioned Court, all such
proceedings shall be continued before the Court of Appeal.

SCHEDULE
(Repealed by Act No. 21 of 1986).

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64 Chap. 4:01 Supreme Court of Judicature

SUBSIDIARY LEGISLATION

COURT OF APPEAL RULES
ARRANGEMENT OF RULES

RULE

ORDER I
PRELIMINARY

1. Citation.
2. Interpretation.

APPEALS GENERALLY
3. Forms in Appendices A and C to be used.
4. Times of sittings and vacation.
Days on which offices are to be closed.
5. Notice of sittings.
6. Right of audience.
7. Register of appeals brought.
8. Enlargement of time and departure from Rules.
9. Service of documents.

ORDER II
CIVIL APPEALS FROM HIGH COURT

(Revoked by LN 121/1980)

ORDER III
CRIMINAL APPEALS FROM HIGH COURT

NOTICES OF APPEAL
1. Notices of appeal to be signed by appellant and addressed to Registrar.
How notices, etc., may be sent or given.
Where appellant unable to write.
Appellant’s representative may act for him where question of

insanity involved.
Notice, etc., on behalf of corporations.

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L.R.O.

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LAWS OF TRINIDAD AND TOBAGO

SHORTHAND WRITERS AND TRANSCRIPT OF NOTES
2. Shorthand notes to be certified by the writer.
Transcript to be furnished on application of Registrar.
Party interested may obtain transcript from shorthand writer.
Party interested may obtain transcript from Registrar.
Definition of “party interested”.
Transcript to be made by writer thereof or some other person on

Registrar’s directions.
Verification of transcript for use of Court.
What record shall be taken.

CERTIFICATE OF JUDGE OF TRIAL
3. Judge’s certificate under section 43.
Judge’s certificate may be given at trial without application.

APPEALS WHERE FINE ONLY IS INFLICTED
4. Where fine imposed on conviction to be retained pending appeal.
Person in custody in default of payment of fine, deemed to be person

sentenced to imprisonment.
Person fined may in certain cases intimate appeal, and not pay fine.
Power of Court of trial in such cases to impose recognisances.
Fine to be repaid on success of appeal.
How appellant committing breach of recognisance under this rule

may be dealt with.

CUSTODY OF EXHIBITS USED AT TRIAL
5. Judge’s directions as to custody of exhibits.
Record of Judge’s directions as to custody of exhibits.
List of exhibits produced before committal to be made by clerk to

Magistrate or Justice.

ORDER MADE AT TRIAL. CONSEQUENTIAL ORDERS
AND SUSPENSION OF SAME PENDING APPEAL

6. Varying order of restitution of property. Persons affected may appear
on appeal.

7. Non-suspension of orders of restitution, etc., to be subject to
property or a sample, etc., being necessary for purposes of appeal.

8. Temporary suspension of orders made on conviction, as to money
rewards, costs, etc.

RULE

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Judge’s direction as to property of convicted person pending appeal.
Suspension of disqualifications consequent on conviction.
Judge’s direction as to securing payment of money by convicted

person pending appeal.
Suspension of order of destruction or forfeiture of property.
Suspension of proceedings or claims consequent on conviction.
9. Period of suspension of orders under section 46 of Act.
10. Certificate of conviction not to issue for fourteen days after conviction.
After fourteen days from conviction, clerk to be satisfied no appeal

pending before issuing certificate of conviction.
11. Judge’s notes to be furnished to the Registrar on request.
12. Report of Judge of Court of trial.
13. Registrar to furnish Judge of Court of trial with materials for report.

NOTICES OF APPEAL AND PERIOD FOR APPEALING
ABANDONMENT OF APPEALS

14. Obligation on appellants to fill up forms of appeal notices and
answer questions thereon.

15. Time for appealing against conviction to run from verdict.
16. Time for appealing against sentence to run from pronouncement

of sentence.
17. Registrar to require proper officer of Court of trial to furnish him

with particulars, etc., of trial.
Registrar to require proper officer of Court of trial to furnish him with

depositions, indictments, pleas, etc., for use of Court of Appeal.
18. Prosecutor at trial to be ascertained.
19. Notice of application for leave to appeal.
20. Abandonment of appeal.
21. Notice of application for extension of time for appealing.

PROCEEDINGS BEFORE JUDGE OF THE COURT UNDER
SECTION 59 OF THE ACT

22. How application for leave to appeal and other preliminary
applications are to be dealt with.

Procedure where Judge of Court of Appeal refuses applications.
Sittings of a Judge under section 59.

ARRANGEMENT OF RULES—Continued
RULE

[Subsidiary] Court of Appeal Rules

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66 Chap. 4:01 Supreme Court of Judicature

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L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 67

LAWS OF TRINIDAD AND TOBAGO

RULE

PROCEDURE UNDER SECTION 60 OF THE ACT
23. Procedure under section 60.
Materials to be supplied to Judge for statement of special case.
Judge to forward special case to Registrar and copies to be supplied

to appellant and respondent.
These Rules to apply to convicted persons where case stated under

section 60.

DUTIES OF DIRECTOR OF PUBLIC PROSECUTIONS
24. Registrar’s duties as to ascertaining respondent.
Prosecutor to afford all information, documents, etc., to Registrar

and Director of Public Prosecutions.
25. Court may at any stage substitute a Law Officer for a private prosecutor.

PROCEDURE ON APPLICATIONS FOR BAIL; RIGHTS OF SURETIES;
ESTREAT OF RECOGNISANCES

26. Bail. Court of Appeal to specify amount and before whom
recognisances to be taken.

Appellant’s recognisances.
Appellant and prison officer to receive notice of terms of bail.
Police of district to assist Magistrate in inquiring as to surety’s

sufficiency.
Appellant’s and surety’s recognisances to be forwarded to Registrar.

Clerk to give surety certificate of recognisances.
Registrar on receiving recognisances in due form to notify officer of

prison to release appellant.
Form of recognisance.
Presence of appellant on bail, at hearing of his appeal.
Varying order for bail, by Court of Appeal.
Provisions for sureties discharging their obligations.
How appellant on bail to be dealt with on arrest at instance of sureties.

Arrest and commitment of appellant to be notified to Registrar by Clerk.
Power of Court of Appeal to revoke order for bail.
Officer in charge of prison on commitment of appellant to notify Registrar.
Sureties’ rights at Common Law preserved.
Estreat of recognisances.
27. Duty of Police to enquire and report as to appellant’s means, on

request of Registrar.
28. Warders, etc., to attend sittings of Court of Appeal.

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Appellant to surrender on appeal, be searched, and remain in custody
until further dealt with.

29. Registrar on application of appellant or respondent, or where he
thinks necessary, to obtain documents, exhibits, etc., for purposes
of appeal, and same to be open for inspection.

Court of Appeal may order production of any document or exhibit, etc.
Service of orders.

EXHIBITS IN COURT OF TRIAL, HOW DEALT WITH
30. Exhibits to which rule 5 relates to be returned to persons producing

the same subject to order of Court.

NOTIFYING RESULT OF APPEALS
31. On final determination of appeals, etc., Registrar to notify appellant,

Minister, and Commissioner of Prisons.
In cases of death sentence, notice of appeal and of final

determination to be sent to Minister.
Registrar to notify officer of Court of trial results of appeal.
Officer of Court of trial to enter decision of Court on records.
32. Registrar after appeal to return original depositions, exhibits,

indictment, etc., to officer of Court of trial when received
from him.

LEGAL AID TO APPELLANTS
33. Reports as to legal aid under section 57(5).
34. List of Attorneys-at-law for purposes of Act.
Legal aid to be provided from such lists.

COPIES OF DOCUMENTS FOR USE OF APPELLANTS
35. How appellant or respondent may obtain from Registrar copies of

documents or exhibits.
Attorney-at-law assigned to appellant may receive copies of

documents and exhibits free on his request.
Transcript of shorthand notes not to be supplied free except on order

of Judge.
Poor appellant not legally represented may obtain copy of

documents or exhibits free.

ARRANGEMENT OF RULES—Continued
RULE

[Subsidiary] Court of Appeal Rules

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68 Chap. 4:01 Supreme Court of Judicature

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L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 69

LAWS OF TRINIDAD AND TOBAGO

RULE

PROCEDURE AS TO WITNESSES BEFORE COURT OF APPEAL AND
THEIR EXAMINATION BEFORE EXAMINER

36. Attendance of witnesses before Court.
Application to Court to hear witnesses.
Order appointing examiner.
Registrar to furnish examiner with exhibits, etc., necessary for

examination.
Notification of date of examination.
Evidence to be given on oath.
Deposition of witness, how to be taken.
Travelling expenses of witnesses before Examiner.
Service of notices and orders under rule.
Presence of parties at examination of witnesses. Proceedings on

order of reference.

CAUSE LISTS
37. Register of appeals to be kept by the Registrar.
Registrar to keep general list of appeals.
List of cases for daily sittings of Court. Notices to appellants in custody.
38. Application not specially provided for, how made.
39. Notice by Registrar to appellant of results of all applications.
40. Non-compliance with Rules not wilful may be waived by Court.
41. Enforcing duties under Rules.
42. Warrants for arrest of appellants to be deemed to be warrants issued

under Ch. 12:01.
43. A petitioner under section 64(2)(a) to be deemed to be an appellant

for all purposes.
44. Reference to Court under section 64(2)(b).
45. Sittings during vacation.
46. Saving as regard Summary Courts procedure.

APPENDIX A—Civil Forms (Revoked by LN 121/1980).

APPENDIX B—Fees of Court in Civil Appeals
(Revoked by LN 121/1980).

APPENDIX C—Criminal Forms.

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12 of 1962
[14 of 1964
53/1965
32/1974
54/1974
121/1980].

Citation.

Interpretation.
[14 of 1964].

*See Note on Omissions on page 2, and also section 81(2).

*COURT OF APPEAL RULES

deemed to have been made under section 78

ORDER I

PRELIMINARY

1. These Rules may be cited as the Court of Appeal Rules.

2. In these Rules—
“appellant” means the party appealing from a judgment,

conviction, sentence or order and includes his legal
representative;

“Attorney General” means the Attorney General of Trinidad and
Tobago;

“Chief Justice” means the Chief Justice of Trinidad and Tobago;
“Court” means the Court of Appeal;
“Court below” means the Court from which the appeal is brought;
“exhibits” include all books, papers, and documents, and all other

property, matters and things whatsoever connected with the
proceedings against any person who is entitled or may be
authorised to appeal under the Act, if the same have been
forwarded to the Court of trial on the person accused being
committed for trial or have been produced and used in
evidence during the trial of, or other proceedings in relation
to a person entitled or authorised under the Act to appeal,
and any written statement handed in to the Judge of the
Court of trial by such person, but does not include the
original depositions of witnesses examined before the
committing Magistrate or Justice nor any indictment or
inquisition against any such person nor any plea filed in the
Court of trial;

“file” means file in the Supreme Court;
“filed” and “filing” have corresponding meanings;

LAWS OF TRINIDAD AND TOBAGO

70 Chap. 4:01 Supreme Court of Judicature

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L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 71

LAWS OF TRINIDAD AND TOBAGO

Forms in
Appendices A
and C to be
used.

Order I

“Judge” includes the presiding officer of any Court from which
an appeal lies to the Court;

“legal representative” means any Attorney-at-law admitted to
practise in the Courts of Trinidad and Tobago;

“Magistrate” includes every person exercising jurisdiction,
whether full or limited, in a Court of summary jurisdiction
under the laws of Trinidad and Tobago;

“order” includes decree, judgment, sentence or decision of a
Court below or a Judge thereof;

“party” means any party to the appeal and includes his legal
representative;

“prison authority” means the head or the person in charge of the
prisons in Trinidad and Tobago and includes his deputy or
other officer discharging his duties;

“proper officer of the Court of trial” means the Registrar of the
Supreme Court, from conviction before or the sentence of
which a person desires to appeal under the Act;

“Registrar” means the Registrar of the Supreme Court and
includes the Deputy Registrar and an Assistant Registrar;

“respondent”—
(a) in a civil appeal means any party, other than the

appellant, directly affected by the appeal;
(b) in a criminal appeal where the State is not an

appellant, means the person who under the
provisions of the Act has the duty of appearing
for the State or who undertakes the defence of
the appeal;

“shorthand writer” means the person or persons appointed from
time to time as such for the purposes of section 58 of the Act.

APPEALS GENERALLY
3. The forms set out in Appendices *A and C or forms as
near thereto as circumstances permit, shall be used in all cases to
which forms are applicable.

*See Note on page 102.

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Times of sittings
and vacation.
[32/1974
54/1974].

Ch. 4:20.

Days on which
offices are to be
closed.

*Whit Monday is no longer a Public Holiday.

Order I

4. (1) Sittings of the Court shall be held at such times
between the 2nd day of October and the 22nd day of December
and between the 10th day of January and the 1st day of August in
each year as the Chief Justice may direct.
(2) The Court shall be in vacation from the 22nd day of
December to the 10th day of January (both days inclusive) and
from the 1st day of August to the 2nd day of October (both days
inclusive) and between the Wednesday before and the Wednesday
after Easter—
However,
(a) appeals under the Summary Courts Act, shall be

heard by the Court during the Long Vacation at
such times as the Chief Justice may direct;

(b) in urgent cases applications may be heard and
determined during the vacations by the Court or
a single Judge thereof;

(c) the Chief Justice may direct any sittings of the
Court to be held during the Long Vacation for the
purpose of hearing Criminal and Civil Appeals;

(d) the Court shall not sit on Sundays and public
holidays and on such other days as the Chief
Justice may direct; and

(e) the several offices of the Court of Appeal shall
be open on every day of the year except
Saturdays, Sundays, Good Friday, Easter Eve,
Monday and Tuesday in Easter week, Corpus
Christi, *Whit Monday, Christmas Day and the
next following working day and all other days
appointed to be observed as public holidays,
from the hours of 8.00 a.m. to 4.00 p.m.

(3) In this rule the expression “Long Vacation” means
the period from the 1st day of August to the 2nd day of October
(both days inclusive).

[Subsidiary] Court of Appeal Rules

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72 Chap. 4:01 Supreme Court of Judicature

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L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 73

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Notice of
sittings.

Right of
audience.
[14 of 1964].

Register of
appeals
brought.

Enlargement of
time and
departure from
Rules.

5. (1) Notice of each sitting shall be published by the
Registrar in the Gazette at least ten days before the date appointed
for the commencement of the sitting.
(2) The Registrar shall on the publication of the said
notice in the Gazette post up on the notice board of the Court the
cause list of the sitting; but the Court may in its discretion hear
any appeal and deal with any other matter whether or not the
same has been included in the cause list so published.
(3) This rule shall not apply to the hearing of any matter
by a single Judge.
6. (1) In all proceedings before the Court, the parties may

appear in person or be represented on appeal by any person, who
is entitled to practise as an Attorney-at-law.
(2) In all proceedings before the Registrar, and in all
preliminary and interlocutory proceedings and applications
except such as are heard before the Court, the parties thereto may
be represented and appear by an Attorney-at-law alone.
7. (1) The Registrar shall keep separate registers of all civil
and criminal appeals brought before the Court including in the
criminal appeal register notices of application for leave to appeal.
(2) Each register shall contain particulars of the date
on which—
(a) the notice of appeal or of application for leave to

appeal was lodged;
(b) any interlocutory order was made;
(c) the record of the appeal was received;
(d) the appeal was heard;
(e) judgment was delivered.
8. Subject to the provisions of section 50(2) of the Act
(relating to the time within which an appeal may be brought in a
capital case to the Court), and to *Order II, rule 3(3), of these

Order I

*Order II has been revoked by LN 121/1980.

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Rules, the Court may enlarge the time prescribed by these Rules,
for the doing of anything to which these Rules apply, or may
direct a departure from these Rules in any other way where this
is required in the interest of justice.

9. Subject to any provisions contained in these Rules
relating to the service of any particular document—
(1) Service of the documents mentioned in the first
column hereunder shall be served by leaving a true copy thereof
in the manner specified in the second column—

(2) If it is made to appear to a Judge of the Court below
upon application supported by affidavit that prompt personal
service of a document cannot be effected he may make such order
for substituted service by advertisement or otherwise as may be just.

ORDER II

CIVIL APPEALS FROM HIGH COURT
Order II and Appendices A and B of these Rules have been

revoked by the Supreme Court (Amendment) Rules.

Order II

Service of
documents.

LN 121/1980.

Column 1

(a) All documents required to be
served—

(i) on parties to an action
who have not filed an
address for service; and

(ii) on a person not a party
to the appeal.

(b) All documents required to be
served on parties who have an
address for service.

Column 2

by personal service on the party or his
authorised agent, or on the person not a
party.

by leaving the document at the address
for service with a person resident at or
belonging to such place; or by
registered post to such address, in
which case, the time of service
thereon shall be the time such
document would be delivered in the
ordinary course of post.

[Subsidiary] Court of Appeal Rules

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74 Chap. 4:01 Supreme Court of Judicature

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L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 75

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Notices of
appeal
to be signed by
appellant and
addressed to
Registrar.

How notices,
etc., may be
sent or given.

Where appellant
unable to write.

Appellant’s
representative
may act for him
where question
of insanity
involved.

Notice etc., on
behalf of
corporations.

ORDER III
CRIMINAL APPEALS FROM HIGH COURT

NOTICES OF APPEAL
1. (1) Every notice of appeal or notice of application for leave
to appeal or notice of application for extension of time within which
such notice shall be given under the Act shall be signed by the
appellant himself, except under the provisions of subrules (4) and (5).
Any other notice required or authorised to be given for
the purposes of the Act or these Rules shall be in writing and
signed by the person giving the same or by his Attorney-at-law.
All notices required or authorised to be given for the purposes of
the Act or these Rules to the Court of Appeal shall be addressed
to “The Registrar of the Supreme Court”.
(2) Any notice or other document which is required or
authorised by the Act or these Rules to be given or sent shall be
deemed to be duly given or sent if forwarded by registered post
addressed to the person to whom such notice or other document
is so required or authorised to be given or sent.
(3) When an appellant or any other person authorised or
required to give or send any notice of appeal or notice of any
application for the purposes of the Act or of these Rules is unable
to write he may affix his mark thereto in the presence of a witness
who shall attest the same and thereupon such notice shall be
deemed to be duly signed by such appellant.
(4) Where, on the trial of a person entitled to appeal
under the Act, it has been contended that he was not responsible
according to law for his actions on the ground that he was insane
at the time the act was done or the omission made by him, any
notice required by these Rules to be given and signed by the
appellant himself, may be given and signed by his Attorney-at-
law or other person authorised to act on his behalf.
(5) In the case of a body corporate where by the Act or
these Rules any notice or other document is required to be signed
by the appellant himself, it shall be sufficient compliance therewith
if such notice or other document is signed by the secretary, clerk,
manager or Attorney-at-law of such body corporate.

Order III

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SHORTHAND WRITERS AND TRANSCRIPT OF NOTES

2. (1) Where a recording of the proceedings (or any part
thereof) at the trial of a person convicted on indictment is taken
by means of shorthand notes, the shorthand writer shall sign the
shorthand note taken by him of any trial or proceeding, or of any
part of such trial or proceeding, and certify the same to be a
complete and correct shorthand note thereof, and shall retain the
same unless and until he is directed by the Registrar to forward
such shorthand note to him.
(2) The shorthand writer shall, on being directed by the
Registrar, furnish to him for the use of the Court a transcript of
the whole or of any part of the shorthand note taken by him of
any trial or proceeding in reference to which an appellant has
appealed under the Act.
(3) The shorthand writer shall furnish to a party
interested in a trial or other proceeding in relation to which a
person may appeal under the Act, and to no other person, a
transcript of the whole, or of any part of the shorthand note of any
such trial or other proceeding on payment by such party
interested of the charges on such scale as the Registrar may fix.
(4) A party interested in an appeal under the Act may
obtain from the Registrar a copy of the transcript of the whole or
of any part of such shorthand note as relates to the appeal subject
to the provisions of section 58 of the Act.
(5) For the purposes of this rule, “a party interested”
shall mean the prosecutor or the person convicted, or any other
person named in, or immediately affected by, any order made by
the Judge of the Court of trial, or other person authorised to act
on behalf of a party interested, as herein defined; but shall not
include the Attorney General, to whom a copy of such transcript
shall be furnished free of charge.
(6) Whenever under the Act or these Rules a transcript
of the whole or of any part of such shorthand note is required
such transcript may be made by the shorthand writer who took
and certified the shorthand note, or by such other competent
person as the Registrar may direct.

Shorthand notes
to be certified
by the writer.
[53/1965].

Transcript to be
furnished on
application of
Registrar.

Party interested
may obtain
transcript from
shorthand
writer.

Party interested
may obtain
transcript from
Registrar.

Definition of
“party
interested”.

Transcript to be
made by writer
thereof or some
other person on
Registrar’s
directions.

Order III[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

76 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 77

LAWS OF TRINIDAD AND TOBAGO

(7) A transcript of the whole or any part of the shorthand
note relating to the case of any appellant which may be required for
the use of the Court shall be typewritten and verified by the person
making the same by the statutory declaration in the Form VIII in
Appendix C that the same is a correct and complete transcript of
the whole, or of such part, as the case may be, of the shorthand note
purporting to have been taken, signed, and certified by the
shorthand writer who took the same.
(8) For the purpose of section 58 of the Act a record
shall be taken of the summing up of the Judge of the Court of
trial, and of such other parts of the proceedings as the Judge of
the Court of trial may consider expedient and order to be taken in
the course of the trial.
Such record shall comprise either shorthand notes or a
recording on electro-magnetic tape or by any other mechanical
means, or partly such notes and partly such recording, as the
Court may think fit.
(9) Where the record or any part thereof comprises a
recording as aforesaid, the recording shall be preserved and form
part of the record of the Court of trial, and subrules (4), (5), (6)
and (7) shall apply in relation thereto or any part thereof as they
apply in relation to a shorthand note.

CERTIFICATE OF JUDGE OF TRIAL

3. (1) The certificate of the Judge of the Court of trial
under section 43 of the Act may be in the Form I in Appendix C.

(2) The Judge of the Court of trial may, in any case in
which he considers it desirable to do so, inform the person
convicted before or sentenced by him that the case is in his
opinion one fit for an appeal to the Court under section 43 of the
Act, and may give to such person a certificate to that effect in the
Form I in Appendix C.

Verification of
transcript for
use of Court.

Form VIII.
Appendix C.

What record
shall be taken.

Judge’s
certificate under
section 43.
Form I.
Appendix C.
Judge’s
certificate may
be given at trial
without
application.
Form I.
Appendix C.

Order III

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Where fine
imposed on
conviction to be
retained pending
appeal.

Person in
custody in
default of
payment of fine,
deemed to be
person
sentenced to
imprisonment.
Person fined
may in certain
cases intimate
appeal, and not
pay fine.
Power of Court
of trial in such
cases to impose
recognisances.

Forms X, XI.
Appendix C.

Fine to be
repaid on
success of
appeal.

How appellant
committing
breach of
recognisance
under this rule
may be dealt with.

Order III

APPEALS WHERE FINE ONLY IS INFLICTED

4. (1) Where a person has, on his conviction, been sentenced to
payment of a fine, and in default of payment to imprisonment, the
person lawfully authorised to receive such fine shall, on receiving the
same, retain it until the determination of any appeal in relation thereto.
(2) If such person remains in custody in default of
payment of the fine, he shall be deemed, for all purposes of the
Act or these Rules, to be a person sentenced to imprisonment.

(3) Where any person has been convicted and is
thereupon sentenced to the payment of a fine, and, in default of
such payment, to imprisonment and he intimates to the Judge of the
Court of trial that he is desirous of appealing against his conviction
to the Court, either upon grounds of law alone, or, with the
certificate of the Judge of the Court of trial, upon any grounds
mentioned in section 43 of the Act, such Judge may, if he thinks
right to do so, order such person forthwith to enter into
recognisances in such amount, and with or without sureties in such
amount as such Judge may think right, to prosecute his appeal; and,
subject thereto, may order that payment of the said fine shall be
made at the final determination of his said appeal, if the same be
dismissed, to the Registrar or as such Court may then order. The
recognisance under this rule shall be in the Forms X and XI in
Appendix C. A surety becoming duly bound by recognisance under
this rule, shall be deemed to be, for all purposes and shall have all
the powers of a surety under the provisions of rule 26.
The proper officer of the Court of trial shall forward the
recognisances of the appellant and his surety or sureties to the Registrar.
(4) An appellant who has been sentenced to the payment
of a fine, and has paid the same in accordance with such sentence,
shall, in the event of his appeal being successful, be entitled,
subject to any order of the Court, to the return of the sum or any
part thereof so paid by him.
(5) If an appellant to whom subrule (3) applies does not
serve, in accordance with these Rules, a notice of appeal upon

[Subsidiary] Court of Appeal Rules

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78 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 79

LAWS OF TRINIDAD AND TOBAGO

grounds of law alone, or with the certificate of the Judge of the
Court of trial upon any grounds mentioned in section 43 of the
Act, within fourteen days from the date of his conviction and
sentence, the Registrar shall report such omission to the Court, who
may, after notice in the Forms XXII and XXIII in Appendix C has
been given to the appellant and his sureties, if any, order an estreat
of the recognisances of the appellant and his sureties in the manner
provided by rule 26, and may issue a warrant for the apprehension
of the appellant and may commit him to prison in default of
payment of his fine, or may make such other order as it thinks fit.

CUSTODY OF EXHIBITS USED AT TRIAL

5. (1) The Judge of the Court of trial may make an order if
he thinks fit for the custody, disposal, or production of any
exhibits in the case, but unless he makes any such order, exhibits
shall be kept in the custody of the proper officer of the Court of
trial for a period of fourteen days from the date of conviction, and
if an appeal is pending, then until the final determination of such
appeal; if no appeal or application for leave to appeal is lodged
during the said period of fourteen days, then exhibits shall be
returned to the custody of the person producing the same or of the
Attorney-at-law for the prosecution or defence respectively.
(2) The proper officer of the Court of trial shall keep a

record of any order or direction of the Judge thereof given under
this rule.
(3) Whenever a person is committed for trial, the clerk
to the Magistrate or Justice committing such person for trial shall
make and forward, with the depositions taken in relation to such
person, a complete list of such exhibits as have been produced
and used in evidence for or against him during any proceedings
before such Magistrate or Justice to the Court before which such
person is to be tried. Such list shall be in the Form XXXII in
Appendix C, subject to the necessary modifications, and shall be
signed by such clerk. The exhibits appearing on such lists shall be
marked with consecutive numbers for the purpose of readily
identifying the same.

Forms XXII,
XXIII.
Appendix C.

Judge’s
directions as to
custody of
exhibits.

Record of
Judge’s
directions as to
custody of
exhibits.
List of exhibits
produced before
committal to be
made by clerk
to Magistrate or
Justice.

Form XXXII.
Appendix C.

Order III

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Varying order of
restitution of
property.
Persons affected
may appear on
appeal.

Non-suspension
of orders of
restitution, etc.,
to be subject to
property or a
sample, etc.,
being necessary
for purposes of
appeal.
Ch. 82:30.

Temporary
suspension of
orders made on
conviction, as to
money rewards,
costs, etc.

Ch. 12:02.

Order III

Any exhibits put in for the first time at the trial shall be
added to such list by the proper officer of the Court of trial and
marked as herein provided.

ORDER MADE AT TRIAL. CONSEQUENTIAL ORDERS
AND SUSPENSION OF SAME PENDING APPEAL

6. Where, upon the trial of a person entitled to appeal under
the Act against his conviction, an order of restitution of any
property to any person has been made by the Judge of the Court
of trial, the person in whose favour or against whom the order of
restitution has been made, any person in whose favour or against
whom an order to which rule 7 relates has been made, and, with
the leave of the Court, any other person, shall, on the final hearing
by the Court of an appeal against the conviction on which such
order of restitution was made, be entitled to be heard by the Court
before any order under the provisions of section 46(2) of the Act,
annulling or varying such order of restitution, is made.

7. Where the Judge of the Court of trial is of opinion that the
title to any property the subject of an order of restitution made on
a conviction of a person before him, or any property to which the
provisions of section 25(1) of the Sale of Goods Act apply, is not
in dispute, he, if he should be of opinion that such property or a
sample or portion or facsimile representation thereof is reasonably
necessary to be produced for use at the hearing of any appeal,
shall give such directions to or impose such terms upon the person
in whose favour the order of restitution is made, or in whom such
property revests under such subsection as he thinks right in order
to secure the production of such sample, portion or facsimile
representation for use at the hearing of any such appeal.
8. (1) Where, on the conviction of a person, the Judge of
the Court of trial makes an order condemning such person to the
payment of the whole or of any part of the costs and expenses of
the prosecution for the offence of which he is convicted out of any
moneys taken from such person on his apprehension or otherwise
or where such Judge makes any order under section 54, 55 or 56
of the Criminal Procedure Act or where such Judge lawfully

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

80 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 81

LAWS OF TRINIDAD AND TOBAGO

makes on the conviction of any person before him any order for
the payment of money by such convicted person or by any other
person or any order affecting the rights or property of such
convicted person, the operation of such orders shall in any of such
cases be suspended until the expiration of fourteen days after the
day on which any such orders were made. And in cases where
notice of appeal or notice of application for leave to appeal is given
within fourteen days from and after the verdict against such person,
such orders shall be further suspended until the determination of the
appeal against the conviction in relation to which they were made.
The Court may, by order, annul any order to which this rule refers
on the determination of any appeal under the Act, or may vary such
order, and such order, if annulled, shall not take effect, and, if
varied, shall take effect as so varied.
The proper officer of the Court of trial shall keep a record of
any order to which this rule refers.
(2) Where the Judge of the Court of trial makes any such
order on a person convicted before him, as in this rule mentioned,
he shall give such directions as he thinks right as to the retention
by any person, of any money or valuable securities belonging to
the person so convicted and taken from such person on his
apprehension or of any money or valuable securities at the date of
his conviction in the possession of the prosecution for the period of
fourteen days, or in the event of an appeal, until the determination
thereof by the Court of Appeal. The proper officer of the Court of
trial shall keep a record of any directions given under this rule.
(3) Where upon conviction of any person of any offence
any disqualification, forfeiture or disability attaches to such person
by reason of such conviction, such disqualification, forfeiture or
disability shall not attach for the period of fourteen days from the
date of the verdict against such person nor in the event of an appeal
under the Act to the Court of Appeal until the determination thereof.
(4) When the Judge of the Court of trial on the
conviction of a person before him, makes any order for the
payment of money by such person or by any other person upon
such conviction, and, by reason of this rule, such order would

Judge’s
direction as to
property of
convicted
person pending
appeal.

Suspension of
disqualifications
consequent on
conviction.

Judge’s direction
as to securing
payment of
money by
convicted person
pending appeal.

Order III

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

otherwise be suspended, such Judge may, if he thinks right to do
so, direct that the operation of such order shall not be suspended
unless the person on whom such order has been made shall in
such manner and within such time as the said Judge shall direct
give security by way of undertaking or otherwise for the payment
to the person in whose favour such order has been made of the
amount therein named. Such security may be to the satisfaction
of the person in whose favour the order for payment has been
made or of any other person as such Judge shall direct.
(5) Where on a conviction any property, matters or
things the subject of the prosecution or connected therewith, are
to be or may be ordered to be destroyed or forfeited under the
provisions of any written law, the destruction or forfeiture or
order for destruction or forfeiture thereof shall be suspended for
the period of fourteen days from and after the date on which the
verdict on such indictment was returned, and in the event of an
appeal under the Act, shall be further suspended until the
determination thereof by the Court.
(6) Where, upon conviction of any person of any
offence, any claim may be made or any proceedings may be taken
under any written law against such person or any other person in
consequence of such conviction, such proceedings shall not be
taken until after the period of ten days from the date on which the
verdict against such person was returned nor in the event of an
appeal under the Act to the Court until the determination thereof.
Any person affected by any orders which are suspended
under this rule may, with the leave of the Court, be heard on the
final determination of any appeal, before any such orders are
varied or annulled by the Court.

9. The time during which an order of restitution or the
operation of section 25(1) of the Sale of Goods Act, suspended
under section 46 of the Act, shall commence to run from the day
on which the verdict of the jury was returned, and, in cases where
notice of appeal or notice of application for leave to appeal is

Suspension of
order of
destruction or
forfeiture of
property.

Suspension of
proceedings or
claims
consequent on
conviction.

Period of
suspension of
orders under
section 46 of
Act.
Ch. 82:30.

Order III[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

82 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 83

LAWS OF TRINIDAD AND TOBAGO

duly given within fourteen days after such day, the period of
suspension of such order or of the operation of the subsection
shall continue until the determination of the appeal.
10. (1) The clerk of the Court of trial or other officer
thereof, having the custody of the records of such Court, or the
deputy of such clerk or other officer, shall not issue, under any
written laws authorising him to do so, a certificate of conviction
of any person convicted on indictment in the Court to which he
is such clerk, officer or deputy, for the period of fourteen days
after the actual day on which such conviction took place, nor in
the event of such clerk, officer or deputy receiving information
from the Registrar of the Court within such fourteen days that a
notice of appeal or of application for leave to appeal has been
given under the Act, until the determination thereof.
(2) Where an application is made to such clerk, officer or
deputy to issue such certificate of conviction as in this rule
mentioned after the expiration of the said period of fourteen days he
shall require, before issuing the same, to be satisfied that there is no
appeal then pending in the Court against such conviction. A person
desirous of obtaining a certificate of conviction from such clerk,
officer or deputy shall be entitled to obtain from the Registrar a
certificate in such form as the said Registrar may think right for the
purpose of satisfying by the production thereof, such clerk, officer
or deputy that no appeal against such conviction is then pending.
After the expiration of two months from the date of the conviction
a certificate thereof may be issued by such clerk, officer or deputy
as heretofore, except in cases in which he has had notice of an
appeal still undetermined.
For the purposes of this rule the expression “conviction”
shall mean the verdict or plea of guilty and any final judgment
passed thereon.
11. (1) The Registrar when he has received a notice of
appeal, or a notice of application for leave to appeal under the Act
or a notice for extension of the time within which under the Act
such notices shall be given, or when the Minister exercises his
powers under section 64 of the Act, shall request the Judge of the

Certificate of
conviction not
to issue for
fourteen days
after conviction.

After fourteen
days from
conviction, clerk
to be satisfied
no appeal
pending before
issuing
certificate of
conviction.

Judge’s notes to
be furnished to
the Registrar on
request.
[53/1965].

Order III

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Report of Judge
of Court of trial.

Order III

Court of trial to furnish him with the whole or any part of his
notes of the trial or any part thereof in accordance with subrule (2)
or (3); and such Judge of the Court of trial shall thereupon furnish
the same to the Registrar in accordance with such request.
(2) In capital cases the Registrar shall request the whole
of the Judge’s notes.
(3) In other cases the Registrar shall request—
(a) such part of the notes as relates to any particular

piece of evidence which is referred to in the notice
of appeal or other notice mentioned in subrule (1),
as upon the application of any party he considers
is necessary; or

(b) the whole or such part of the notes as the Court
may by order direct.

(4) Copies of the whole or part of the notes furnished to
the Registrar under subrule (2) or (3) shall be supplied—
(a) to the Attorney General without charge;
(b) to any other party interested on payment of the

charges on such scale as the Registrar may fix.

12. (1) The Registrar when he has received a notice of appeal,
or a notice of application for leave to appeal under the Act, or a
notice of application for extension of time within which under the
Act such notices shall be given, or when the Minister exercises his
powers under section 64 of the Act, or whenever it appears to be
necessary for the proper determination of any appeal or application,
or for the due performance of the duties of the Court under the said
section may and, whenever in relation to any appeal under the Act
the Court or any Judge thereof directs him to do so, shall request the
Judge of the Court of trial to furnish him with a report in writing,
giving his opinion upon the case generally or upon any point arising
in the case, and the Judge of the Court of trial shall furnish the same
to the Registrar in accordance with such request.

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

84 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 85

LAWS OF TRINIDAD AND TOBAGO

(2) The report of the Judge shall be made to the Court,
and except by leave of the Court or a Judge thereof the Registrar
shall not furnish to any person any part thereof.
13. When the Registrar requests the Judge of the Court of trial to
furnish a report under these Rules, he shall send to such Judge of the
Court of trial a copy of the notice of appeal or notice of application for
leave to appeal or notice of application for extension of time within
which under the Act such notice shall be given or any other document
or information which he considers material, or which the Court at any
time directs him to send, or with which such Judge may request to be
furnished by the Registrar, to enable such Judge to deal in his report
with the appellant’s case generally or with any point arising thereon.

NOTICES OF APPEAL AND PERIOD FOR APPEALING
ABANDONMENT OF APPEALS

14. A person desiring, under the provisions of the Act, to
appeal to the Court of Appeal against his conviction or sentence,
shall commence his appeal by sending to the Registrar a notice of
appeal or notice of application for leave to appeal, or notice of
application for extension of time within which such notice shall be
given, as the case may be, in the form of such notices respectively
set forth in the Appendix C, and in the notice or notices so sent,
shall answer the questions and comply with the requirements set
forth thereon, subject to the provisions of rule 40.
15. The time within which a person convicted shall give
notice of appeal or notice of his application for leave to appeal to
the Court against his conviction shall commence to run from the
day on which the verdict of the jury was returned, whether the
Judge of the Court of trial has passed sentence or pronounced
final judgment upon him on that day or not.
16. The time within which a person convicted and sentenced,
shall give notice of appeal or notice of application for leave to
appeal against such sentence under the Act to the Court, shall
commence to run from the day on which such sentence has been
passed upon him by the Judge of the Court of trial.

Registrar to
furnish Judge of
Court of trial
with materials
for report.

Obligation on
appellants to fill
up forms of
appeal notices
and answer
questions
thereon.

Appendix C.

Time for
appealing
against
conviction to
run from
verdict.

Time for
appealing
against sentence
to run from
pronouncement
of sentence.

Order III

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Registrar to
require proper
officer of Court
of trial to
furnish him with
particulars, etc.,
of trial.

Form II.
Appendix C.

Registrar to
require proper
officer of Court
of trial to
furnish him with
depositions,
indictments,
pleas, etc., for
use of Court of
Appeal.

Prosecutor at
trial to be
ascertained.

Notice of
application for
leave to appeal.

Abandonment
of appeal.

Order III

17. (1) When the Registrar has received a notice of appeal,
or a notice of application for leave to appeal, or a notice of
application for extension of time within which, under the Act,
such notices are given, or where the Minister exercises his
powers under section 64 of the Act, he shall forthwith apply to
the proper officer of the Court of trial for the particulars of the
trial and conviction according to the Form II in the Appendix C,
or a copy thereof so far as the same refers to the appellant, and
such officer shall forthwith furnish the same to the Registrar.
(2) The Registrar may, if it appears to him to be necessary
for the proper determination of any appeal or application or for the
due performance of the duties of the Court of Appeal under section 44
of the Act or whenever in any such cases he is directed by the Court
to do so shall require the proper officer of the Court of trial to
furnish him with the original depositions of witnesses examined
before the committing Magistrate or Justice, or with any exhibit
retained by such officer, and with the indictment or indictments or
inquisition against the appellant, or with an abstract or copy thereof
or any part thereof or with any plea filed in the Court of trial, and
such officer shall forthwith furnish the same to the Registrar.
18. The proper officer of the Court of trial shall ascertain and
record in every case the name and address of the person, whether
a private prosecutor or not, who is responsible for and is carrying
on a prosecution in such Court, and the name and address of the
Attorney-at-law, if any, for the prosecution.
19. Where the Court has, on a notice of application for leave
to appeal duly served, and in the form provided under these
Rules, given an appellant leave to appeal, it shall not be necessary
for such appellant to give any notice of appeal, but the notice of
application for leave to appeal shall in such case be deemed to be
a notice of appeal.
20. An appellant at any time after he has duly served notice
of appeal or of application for leave to appeal, or of application
for extension of time within which under the Act such notice shall
be given, may abandon his appeal by giving notice of abandonment

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

86 Chap. 4:01 Supreme Court of Judicature

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UPDATED TO DECEMBER 31ST 2014

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L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 87

LAWS OF TRINIDAD AND TOBAGO

Form III.
Appendix C.

Notice of
application for
extension of
time for
appealing.
Form IX.
Appendix C.

How application
for leave to
appeal and other
preliminary
applications are
to be dealt with.
Forms IV, V, VI,
VII.
Appendix C.

Procedure
where Judge of
Court of Appeal
refuses
applications.

Form XIV.
Appendix C.

Order III

thereof in the Form III in the Appendix C to the Registrar and upon
such notice being given the appeal shall be deemed to have been
dismissed by the Court.

21. An application to the Court of Appeal for an extension of
time within which notices may be given, shall be in the Form IX
in Appendix C. Every person making an application for such
extension of time, shall send to the Registrar together with the
proper form of such application, a form, duly filled up, of notice
of appeal, or of notice of application for leave to appeal,
appropriate to the ground or grounds upon which he desires to
question his conviction or sentence, as the case may be.

PROCEEDINGS BEFORE JUDGE OF THE COURT UNDER
SECTION 59 OF THE ACT

22. (1) Notice of application for leave to appeal or for
extension of time within which notice of appeal or notice of
application for leave to appeal shall be given under the Act in the
forms in Appendix C, and the answers to the questions on
Forms IV, V, VI, and VII, which an appellant is by these Rules
required to make, in reference to legal aid being assigned to him, or
to leave being granted to him to be present at the hearing of his
appeal, shall be deemed to be applications to the Court in such
matters respectively.
(2) The Registrar when any application mentioned in this
rule has been dealt with by the Judge shall notify to the appellant the
decision. In the event of the Judge refusing all or any of such
applications the Registrar on notifying such refusal to the appellant
shall forward to him Form XIV in Appendix C which form the
appellant is hereby required to fill up and forthwith return to the
Registrar. If the appellant does not desire to have his said application
or applications determined by the Court as duly constituted for the
hearing of appeals under the Act, or does not return within five days
to the Registrar Form XIV duly filled up by him, the refusal of his
application or applications by such Judge shall be final. If the
appellant desires that his said application or applications shall be
determined by the Court as duly constituted for the hearing of

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Sittings of a
Judge under
section 59.

Procedure under
section 60.

Order III

appeals under the Act and is not legally represented he may, if the
Court give him leave, be present at the hearing and determination
by the Court of his said application: Provided that an appellant
who is legally represented shall not be entitled to be present
without special leave of the Court.
(3) When an appellant duly fills up and returns within
the prescribed time to the Registrar Form XIV expressing a desire
to be present at the hearing and determination by the Court of the
applications mentioned in this rule, such form shall be deemed to
be an application by the appellant for leave to be so present. And
the Registrar, on receiving the said form, shall take the necessary
steps for placing the said application before the Court. If the said
application to be presented is refused by the Court, the Registrar
shall notify the appellant; and if the said application is granted,
the Registrar shall notify the appellant and the officer in charge
of the prison wherein the appellant is in custody, as provided by
these Rules. For the purpose of constituting a Court the Judge
who has refused any such application may sit as a member of
such Court, and take part in determining such application.
(4) A Judge of the Court sitting under the provisions of
section 59 of the Act may sit and act wherever convenient.

PROCEDURE UNDER SECTION 60 OF THE ACT

23. (1) Where a person is entitled to appeal under the Act on
grounds of appeal involving a question of law alone, and his
appeal is not dealt with under the provision of section 64 an
application by him or by the respondent may at any time be made
to the Court that the questions of law raised in such appeal should
be decided by the Court in accordance with the procedure under
section 60 of the Act.

The Court may upon such application, or upon a report
made to them by the Registrar that the procedure would, in his
opinion, be a more convenient method of dealing with the points
of law raised in such appeal, make an order that the same shall be
so dealt with.

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

88 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 89

LAWS OF TRINIDAD AND TOBAGO

Materials to be
supplied to
Judge for
statement of
special case.

Judge to
forward special
case to Registrar
and copies to be
supplied to
appellant and
respondent.

These Rules to
apply to
convicted
persons where
case stated
under section
60.

Registrar’s
duties as to
ascertaining
respondent.

Form II.
Appendix C.

Order III

(2) When an order has been made under this rule, the
Registrar shall notify the Judge of the Court of trial thereof, and
shall forward to him for the purpose of giving to him facilities in
the statement of the case, a copy of the notice of appeal and any
supplemental or explanatory statement furnished by the appellant
to the Registrar and any other information or material which the
Registrar may think necessary or such Judge may require.
(3) The Judge of the Court of trial shall forward a case
stated by him in pursuance of this rule to the Registrar, together
with all documents or other material received from the Registrar,
who shall on receiving the same send a copy of such case to the
appellant and respondent respectively.
(4) Where under the provisions of section 60 the Judge
of the Court of trial states a case for the consideration of the
Court, the person convicted shall for the purposes of these Rules
be deemed to be an appellant who has appealed under section 43
of the Act: Provided that in such case section 57(2) thereof shall
not apply.

DUTIES OF DIRECTOR OF PUBLIC PROSECUTIONS

24. (1) When the Registrar has received a notice of appeal,
or a notice of appeal on grounds of law alone, which does not, in
his opinion, fall within the provisions of section 57(2) of the Act,
or where leave to appeal is granted to any appellant, he shall
forthwith ascertain from the person specified in Form II in
Appendix C as the prosecutor, unless such person shall be the
Director of Public Prosecutions or a Government Department, or
from the Attorney-at-law of such person, whether the prosecutor
intends to undertake the defence of the appeal. And in the event
of the prosecutor declining to undertake the defence of the
appeal, notice to that effect shall be sent by the Registrar to the
Director of Public Prosecutions.
Where such prosecutor in the Court of trial was the Director of
Public Prosecutions, the Registrar shall notify him of such appeal.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Prosecutor to
afford all
information,
documents, etc.,
to Registrar and
Director of
Public
Prosecutions.

Court may at
any stage
substitute a Law
Officer for a
private
prosecutor.

Bail. Court of
Appeal to
specify amount
and before
whom
recognisances to
be taken.

Appellant’s
recognisances.

Appellant and
prison officer to
receive notice of
terms of bail.

Order III

(2) It shall be the duty of a prosecutor who declines to
undertake the defence of an appeal, and of his Attorney-at-law, to
furnish to the Registrar and the Director of Public Prosecutions,
or either of them, any information, documents, matters, and
things in his possession or under his control connected with the
proceedings against the appellant, which the Registrar or Director
of Public Prosecutions may require for the purposes of their
duties under the Act.

25. Where the defence of an appeal is undertaken by a
private prosecutor the Court may, at any stage of the proceedings
in such appeal, if it thinks right to do so, order that a Law Officer
shall take over the defence of the appeal and be responsible on
behalf of the State for the further proceedings in the same.

PROCEDURE ON APPLICATIONS FOR BAIL; RIGHTS OF
SURETIES; ESTREAT OF RECOGNISANCES

26. (1) When the Court under the Act admits an appellant to
bail pending the determination of his appeal on an application by
him duly made in compliance with these Rules, the Court shall
specify the amounts in which the appellant and his surety or sureties
(if any be required) shall be bound by recognisance and shall direct,
if they think right to do so, before whom the recognisances of the
appellant and his surety or sureties (if any) may be taken.
(2) In the event of the Court not making any special
order or giving special directions under this rule, the
recognisances of the appellant may be taken before a Justice of
the Peace at the prison in which he shall then be confined or the
officer in charge thereof, and the recognisances of his surety or
sureties (if any) may be taken before any Magistrate.
(3) The Registrar shall notify the appellant and the
officer in charge of the prison within which he is confined, the
terms and conditions on which the Court shall admit the appellant
to bail under the Act.

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

90 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 91

LAWS OF TRINIDAD AND TOBAGO

Police of district
to assist
Magistrate in
inquiring as to
surety’s
sufficiency.

Appellant’s and
surety’s
recognisances to
be forwarded to
Registrar. Clerk
to give surety
certificate of
recognisances.

Form XV.
Appendix C.

Registrar on
receiving
recognisances in
due form to
notify officer of
prison to release
appellant.
Form XII.
Appendix C.

Form of
recognisance.
Forms X, XI.
Appendix C.
Presence of
appellant on bail,
at hearing of his
appeal.

Form XIX.
Appendix C.

Order III

(4) The said Magistrate shall be entitled to require the
assistance of the constabulary acting within his district for the
purpose of making inquiry as to the sufficiency or otherwise, of
any person offering himself as a surety on behalf of any appellant
who has, under the Act, been granted bail, and it shall be the duty
of such constabulary to give such assistance to and as and when
required by a Magistrate under this rule.
(5) After the recognisance of a surety has been duly
taken under these Rules by such Magistrate, the Clerk of the
Court of such Magistrate shall forward such recognisance to the
Registrar, and the officer in charge of the prison in which the
appellant is then confined shall, after the appellant’s recognisance
has been duly taken in pursuance of this rule, forward the same
to the Registrar. The clerk shall after the recognisances of a
surety are taken give to him a certificate in the Form XV in
Appendix C which such surety shall sign and retain.
(6) The Registrar on being satisfied that the recognisances

of the appellant and his surety or sureties (if any) are in due form
and in compliance with the order of the Court admitting the
appellant to bail, shall send in the Form XII in Appendix C a notice
to the officer of the prison in which the appellant shall then be
confined. This notice, when received by the said officer, shall be
sufficient authority to him to release the appellant from custody.
(7) The recognisances provided for in this rule shall be
in the Forms X and XI in Appendix C.
(8) An appellant who has been admitted to bail under the
Act shall, by the order of the Court or a Judge thereof under which
he was so admitted to bail, be ordered to be and shall be personally
present at each and every hearing of his appeal, and at the final
determination thereof. The Court may, in the event of such appellant
not being present at any hearing of his appeal, if they think right to
do so, decline to consider the appeal, and may proceed to summarily
dismiss the same, and may issue a warrant for the apprehension of
the appellant in the Form XIX in the Appendix C. However, the
Court may consider the appeal in his absence, or make such other
order as they think right.

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Varying order
for bail, by
Court of Appeal.

Provisions for
sureties
discharging
their
obligations.

Form XVI.
Appendix C.
Form XVII.
Appendix C.

How appellant
on bail to be
dealt with on
arrest at
instance of
sureties.

Form XVIII.
Appendix C.

Order III

(9) When an appellant is present before the Court of
Appeal, such Court may on an application, made by any person,
or, if they think right to do so, without any application, make any
order admitting the appellant to bail, or revoke or vary any such
order previously made, or enlarge from time to time the
recognisance of the appellant or of his sureties or substitute any
other surety for a surety previously bound as they think right.
(10) Where the surety or sureties for an appellant under
the Act, upon whose recognisances such appellant has been
released on bail by the Court, suspects that the said appellant is
about to depart out of Trinidad and Tobago, or in any manner to
fail to observe the conditions of his recognisances on which he
was so released, such surety or sureties may lay an information
before a Magistrate acting in and for the magisterial district in
which the said appellant is, or is by such surety or sureties
believed to be, or in which such surety or sureties may then be,
in the Form XVI in Appendix C, and such Magistrate shall
thereupon issue a warrant in the Form XVII in Appendix C for
the apprehension of the said appellant.
(11) The said appellant shall, on being apprehended
under the said warrant, be brought before the Court in and for
which the said Magistrate acts before whom the said information
was laid, or some other Magistrate’s Court specified in the said
warrant. The said Court shall on verification of the said
information by oath of the informant, by warrant of commitment
in the Form XVIII in Appendix C, commit him to the prison to
which persons charged with indictable offences before such Court
are ordinarily committed. The officer in charge of such prison
shall, unless such prison was the prison from which the appellant
was released on bail under these Rules, notify the Commissioner
of Prisons of such commitment, as in this rule mentioned.
Where the appellant is by such Court committed to a prison
which was not the prison from which he was released on bail
after his conviction, the Commissioner of Prisons, subject to any
order of the Court, may transfer him to the prison from which he
was so released.

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

92 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 93

LAWS OF TRINIDAD AND TOBAGO

Arrest and
commitment of
appellant to be
notified to
Registrar by
clerk.

Power of Court
of Appeal to
revoke order for
bail.
Form XIX.
Appendix C.

Officer in
charge of prison
on commitment
of appellant to
notify Registrar.

Sureties’ rights
at Common
Law preserved.

Estreat of
recognisances.

Ch. 12:02.

Duty of Police
to enquire and
report as to
appellant’s
means, on
request of
Registrar.

Warders, etc., to
attend sittings of
Court of Appeal.

Order III

(12) The clerk of the said Court, on the commitment of
any such appellant, shall forthwith notify the Registrar to that
effect, and forward to him the said information and the deposition
in verification thereof taken before such Court together with a
copy of the said warrant of commitment.
(13) At any time after an appellant has been released on
bail under the Act, the Court of Appeal may, if satisfied that it is
in the interest of justice to do so, revoke the order admitting him
to bail, and issue a warrant in the Form XIX in Appendix C for
his apprehension, and order him to be committed to prison.
(14) When an appellant has been released on bail and has,
under a warrant under these Rules or by his surety or sureties, been
apprehended and is in prison, the officer in charge thereof shall
forthwith notify the Registrar who shall take steps to inform the
Court thereof, and the Court of Appeal may give to the Registrar
such directions as to the appeal or otherwise as they think right.
(15) Nothing in these Rules shall effect the lawful right
of a surety to apprehend and surrender into custody the person for
whose appearance he has become bound, and thereby to
discharge himself of his suretyship.
(16) The Court may on the breach of the recognisances of
the appellant, if it thinks right to do so, order such recognisances
and those of his surety or sureties to be estreated, and the manner
of such estreat shall be similar to that provided for estreating
recognisances under section 76 of the Criminal Procedure Act.
27. It shall be the duty of the Officer in charge of Police of the
district in which the appellant has resided before his conviction, or
of the district from which he was committed, to enquire as to and
to report to the Registrar when applied to by him, upon the means
and circumstances of any appellant where a question as to his
means and circumstances arises under the Act or these Rules.
28. (1) The Commissioner of Prisons shall on notice from
the Registrar cause from time to time such sufficient number of
male and female warders to attend the sittings of the Court, as
having regard to the list of appeals thereat he considers necessary.

UNOFFICIAL VERSION


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Appellant to
surrender on
appeal, be
searched, and
remain in
custody until
further dealt
with.

Registrar on
application of
appellant or
respondent, or
where he thinks
necessary, to
obtain
documents,
exhibits, etc.,
for purposes of
appeal, and
same to be open
for inspection.

Court of Appeal
may order
production of
any document
or exhibit, etc.

Service of
orders.

Exhibits to
which rule 5
relates to be
returned to
persons
producing the
same subject to
order of Court.

Order III

(2) An appellant who is not in custody, shall, whenever
his case is called on before the Court, surrender himself to such
persons as the Court shall from time to time direct, and thereupon
shall be searched by them, and shall be deemed to be in their
lawful custody until further released on bail or otherwise dealt
with as the Court shall direct.
29. (1) The Registrar may, on an application made to him by
the appellant or respondent in any appeal, or where he considers
the same to be necessary for the proper determination of any appeal
or application, or shall, where directed by the Court of Appeal to
do so, obtain and keep available for use by the Court any
documents, exhibits or other things relating to the proceedings
before the Court, and pending the determination of the appeal such
documents, exhibits, or other things shall be open, as and when the
Registrar may arrange, for the inspection of any party interested.
(2) The Court may, at any stage of an appeal, whenever
they think it necessary or expedient in the interest of justice to do
so, on the application of an appellant or respondent, order any
document, exhibit or other thing connected with the proceedings,
to be produced to the Registrar or before them, by any person
having the custody or control thereof. Any order of the Court
under this rule may be served as in this rule provided.
(3) Service of any order made under this rule shall be
personal service, unless the Court otherwise order, and for the
purpose of effecting due service thereof the Registrar may require
the assistance of the constabulary, and it shall be the duty of the
constabulary to carry out any directions of the Registrar under
this rule.

EXHIBITS IN COURT OF TRIAL, HOW DEALT WITH

30. Exhibits, other than such documents as are usually kept
by the proper officer of the Court of trial shall, subject to any
order which the Court may make, be returned to the person who
originally produced the same, provided that any such exhibit to
which the provisions of section 52 of the Act relate shall not be
so returned except under the direction of the Court.

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

94 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 95

LAWS OF TRINIDAD AND TOBAGO

On final
determination of
appeals, etc.,
Registrar to
notify appellant,
Minister and
Commissioner
of Prisons.
Forms XIII,
XXVIII, XXIX,
XXX, XXXI.
Appendix C.
In cases of
death sentence,
notice of appeal
and of final
determination to
be sent to
Minister.

Registrar to
notify officer of
Court of trial
results of
appeal.

Officer of Court
of trial to enter
decision of
Court on
records.

Registrar after
appeal to return
original
depositions,
exhibits,
indictment, etc.
to officer of
Court of trial
when received
from him.

Reports as to
legal aid under
section 57(5).

Order III

NOTIFYING RESULT OF APPEALS

31. (1) On the final determination of any appeal under the Act
or of any matter under section 59 of the Act, the Registrar shall give
to the appellant, if he is in custody and has not been present at such
final determination, and to the Minister, and to the Commissioner of
Prisons, notice of such determination in the Forms XIII, XXVIII,
XXIX, XXX and XXXI respectively provided for such cases in
Appendix C.
(2) In any case of an appeal in relation to a conviction
involving sentence of death, the Registrar shall, on receiving the
notice of appeal or of application for leave to appeal, send a copy
thereof to the Minister and on the final determination of any such
appeal by the Court shall forthwith notify the appellant, the
Minister, and the Commissioner of Prisons.
(3) The Registrar at the final determination of an appeal
shall notify in such manner as he thinks most convenient to the
proper officer of the Court of trial the decision of the Court in
relation thereto and also any orders or directions made or given
by the Court under the Act or these Rules, in relation to such
appeal or any matter connected therewith.
(4) The proper officer of the Court of trial shall, on
receiving the notification referred to in this rule, enter the particulars
thereof on the records of the Court of which he is such officer.

32. Upon the final determination of an appeal for the
purposes of which the Registrar has obtained from the proper
officer of the Court of trial any original depositions, exhibits,
indictment, inquisition, plea or other documents usually kept by
the said officer, or forming part of the record of the Court of trial,
the Registrar shall cause the same to be returned to such officer.

LEGAL AID TO APPELLANTS

33. A report made by the Registrar under section 57(5) of the
Act shall be made to a Judge of the Court, and any directions
given thereupon by such Judge shall be final.

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List of
Attorneys-at-
law for purposes
of Act.

Legal aid to be
provided from
such lists.

How appellant
or respondent
may obtain from
Registrar copies
of documents or
exhibits.

Attorney-at-law
assigned to
appellant may
receive copies
of documents
and exhibits free
on his request.

Order III

34. (1) The Registrar shall cause to be prepared, in such
form as he thinks most convenient, a list of Attorneys-at-law who
are willing to act as Attorneys-at-law for appellants if and when
nominated under the Act.
(2) The Registrar shall also cause to be prepared in such
form as he thinks most convenient a list of Attorneys-at-law who
are willing to act as Attorneys-at-law on behalf of appellants if
and when nominated to do so under the Act.
(3) When legal aid is assigned to an appellant, the Court
may give such directions as to the stage of the appeal at which
such legal aid shall commence and whether an Attorney-at-law
shall be assigned or otherwise as they think right.
(4) The Registrar shall thereupon, subject to any special
order of the Court, select from such lists or otherwise an
Attorney-at-law for the purpose of affording legal aid to an
appellant under the directions of the Court, having regard in so
doing to the place at which the appellant was tried and the
Attorney-at-law, if any, who represented the appellant at his trial
and the nature of the appeal.

COPIES OF DOCUMENTS FOR USE OF APPELLANTS

35. (1) At any time after notice of appeal or notice of
application for leave to appeal has been given under the Act or
these Rules, an appellant or respondent, or the Attorney-at-law or
other person representing either of them, may obtain from the
Registrar copies of any documents or exhibits in his possession
under the Act or these Rules for the purposes of such appeals.
Such copies shall be supplied by the Registrar on payment of the
charges on such scale as the Registrar may fix.
(2) Where an Attorney-at-law, is assigned to an
appellant under the Act, copies of any documents or exhibits
which he may request the Registrar to supply shall without
charge be supplied unless the Registrar thinks that they are not
necessary for the purpose of the appeal.

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

96 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 97

LAWS OF TRINIDAD AND TOBAGO

Transcript of
shorthand notes
not to be
supplied free
except on order
of Judge.

Poor appellant
not legally
represented may
obtain copy of
documents or
exhibits free.

Attendance of
witness before
Court.
Form XXV.
Appendix C.

Application to
Court to hear
witnesses.

Form XXVI.
Appendix C.
Order
appointing
examiner.

Registrar to
furnish
examiner with
exhibits, etc.,
necessary for
examination.

Order III

(3) A transcript of the shorthand notes taken of the
proceedings at the trial of any appellant shall not be supplied free
of charge, except by an order of the Court of Appeal or a Judge
thereof, upon an application made by an appellant or by his
Attorney-at-law assigned to him under the Act.
(4) Where an appellant, who is not legally represented,
requires from the Registrar a copy of any document or exhibit in
his custody for the purposes of his appeal, he may obtain it free
of charge if the Registrar thinks, under all the circumstances, it is
desirable or necessary to supply the same to him.

PROCEDURE AS TO WITNESSES BEFORE COURT OF APPEAL, AND
THEIR EXAMINATION BEFORE EXAMINER

36. (1) Where the Court of Appeal has ordered any witness
to attend and be examined before the Court under section 47 of
the Act, an order in the Form XXV in Appendix C shall be served
upon such witness specifying the time and place at which to
attend for such purpose.
(2) Such order may be made on the application at any
time of the appellant or respondent, but if the appellant is in
custody and not legally represented the application shall be made
by him in the Form XXVI in Appendix C.
(3) Where the Court orders the examination of any
witness to be conducted otherwise than before the Court itself,
such order shall specify the person appointed as examiner to take
and the place of taking such examination and the witness or
witnesses to be examined thereat.
(4) The Registrar shall furnish to the person appointed
to take such examination any documents or exhibits and any
other material relating to the said appeal as and when requested
to do so. Such documents and exhibits and other material shall
after the examination has been concluded be returned by the
examiner together with any depositions taken by him under this
rule to the Registrar.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Notification of
date of
examination.

Form XXVII.
Appendix C.
Evidence to be
given on oath.

Deposition of
witness, how to
be taken.
Ch. 12:01.
Form XXIV.
Appendix C.

Travelling
expenses of
witnesses before
Examiner.

Service of
notices and
orders under
rule.

Presence of
parties at
examination of
witnesses.

Order III

(5) When the examiner has appointed the day and time
for the examination he shall request the Registrar to notify the
appellant or respondent and their legal representatives, if any, and
when the appellant is in prison, the Commissioner of Prisons. The
Registrar shall cause to be served on every witness to be so
examined a notice in the Form XXVII in Appendix C.
(6) Every witness examined before an examiner under
this rule shall give his evidence upon oath to be administered by
such examiner, except where any such witness if giving evidence
as a witness on a trial on indictment need not be sworn.
(7) The examination of every such witness shall be taken
in the form of a deposition in the same manner as is prescribed by
the Indictable Offences (Preliminary Enquiry) Act and unless
otherwise ordered shall be taken in private. The caption in the Form
XXIV in Appendix C shall be attached to any such deposition.
(8) Where any witness receives an order or notice to
attend before the Court or an Examiner, the Officer serving the
same may, if it appears to him necessary to do so, pay to him a
reasonable sum not exceeding the amount of the scale for the
travelling expenses of such witness from his place of residence to
the place named in such notice or order, and the sum so paid shall
be certified by such Officer to the Registrar. Any expenses
certified by the Registrar under this rule shall be paid as part of
the expenses of a prosecution.
(9) Any order or notice required by this rule to be given
to any witness may be served as an order may be served under
rule 29(3), and any such notice shall be deemed to be an order
of the Court on such witness to attend at the time and place
specified therein.
(10) The appellant and respondent, or Attorney-at-law
on their behalf, shall be entitled to be present at and take part in
any examination of any witness to which this rule relates.

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

98 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 99

LAWS OF TRINIDAD AND TOBAGO

Proceedings on
order of
reference.

Register of
appeals to be
kept by the
Registrar.

Registrar to
keep general list
of appeals.

Order III

When an order of reference is made by the Court under the
Act, the question to be referred and the person to whom as special
commissioner the same shall be referred shall be specified in
such order. The Court may in such order or by giving directions
as and when they from time to time think right, specify whether
the appellant or respondent or any person on their behalf may
present at any examination or investigation or at any stage
thereof as may be ordered under the Act, and specify any and
what powers of the Court under the Act or these Rules may be
delegated to such special commissioner, and may require him
from time to time to make interim reports to the Court upon the
question referred to him under the Act, and may, if the appellant
is in custody, give leave to him to be present at any stage of such
examination or investigation and give the necessary directions to
the officer in charge of the prison in which such appellant is,
accordingly and may give directions to the Registrar that copies
of any Report made by such special commissioner shall be
furnished to the appellant and respondent or to the Attorney-at-
law on their behalf.

CAUSE LISTS
37. (1) The Registrar shall keep a register, in such form as
he may think right, of all cases in which he receives a notice of
appeal, or notice of application for leave to appeal under the Act,
which register shall be open for public inspection in such place
and at such hours as the Registrar, subject to the approval of the
Court, considers convenient.
(2) The Registrar shall also take the necessary steps for
preparing from time to time, a general list of cases to be dealt
with by the Court when fully constituted for hearing appeals
under the Act or for considering applications which a Judge of the
Court has, when sitting, under section 59 of the Act, refused to
grant, and shall cause such list to be published at such times in
such a manner and at such places as subject to the approval of the
Court of Appeal he thinks convenient for giving due notice to any
parties interested, of the hearing of such cases by the Court.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

List of cases for
daily sittings of
Court.
Notices to
appellants in
custody.

Application not
specially
provided for,
how made.

Notice by
Registrar to
appellant of
results of all
applications.

Order III

(3) The Registrar shall also prepare from such general
list a list of appeals and applications which have been refused by
a Judge of the Court when sitting under section 59 of the Act,
which the Court may consider on the days on which the Court as
fully constituted shall sit, and shall cause such list to be
published at such times, in such places, and in such a manner as
he, subject to the approval of the Court, thinks convenient for
giving due notice to any parties interested therein of the hearing
of the cases in such list by the Court. However, where an
appellant is in custody and has obtained leave or is entitled to be
present at the hearing and determination of his application or
appeal, the Registrar shall notify the appellant, the officer in
charge of the prison in which the appellant then is, and the
Commissioner of Prisons, of the probable day on which his
appeal or application will be heard. The Commissioner of
Prisons shall take steps to transfer the appellant to a prison
convenient for the appearance before the Court, at such a
reasonable time before the hearing as shall enable him to consult
his legal adviser, if any.

38. Except where otherwise provided in these Rules, any
application to the Court may be made by the appellant or
respondent, or by an Attorney-at-law on their behalf, orally or in
writing, but in regard to such applications if the appellant is
unrepresented and is in custody and is not entitled or has not
obtained leave to be present before the Court, he shall make any
such application by forwarding the same in writing to the
Registrar, who shall take the proper steps to obtain the decision
of the Court thereon.

39. When the Court has heard and dealt with any application
under the Act or these Rules, the Registrar shall (unless it appears
to him unnecessary to do so) give to the appellant (if he is in
custody and has not been present at the hearing of such
application) notice of the decision of the Court of Appeal in
relation to the said application.

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

100 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 101

LAWS OF TRINIDAD AND TOBAGO

Non-compliance
with Rules not
wilful may be
waived by
Court.

Enforcing duties
under Rules.

Warrants for
arrest of
appellants to
be deemed to
be warrants
issued under
Ch. 12:01.

A petitioner
under section
64(2)(a) to be
deemed to be an
appellant for all
purposes.

Reference to
Court under
section 64(2)(b).

Sittings during
vacation.

Order III

40. Non-compliance on the part of an appellant with these
Rules or with any rule of practice for the time being in force
under the Act shall not prevent the further prosecution of his
appeal if the Court or a Judge thereof consider that such non-
compliance was not wilful, and that the same may be waived or
remedied by amendment or otherwise. The Court or a Judge
thereof may in such manner as they or he think right, direct the
appellant to remedy such non-compliance, and thereupon the
appeal shall proceed. The Registrar shall forthwith notify to the
appellant any directions given by the Court or the Judge thereof
under this rule, where the appellant was not present at the time
when such directions were given.

41. The performance of any duty imposed upon any person
under the Act or these Rules may be enforced by order of
the Court.

42. Any warrant for the apprehension of an appellant issued
by the Court shall be deemed to be, for all purposes, a warrant
issued by a Magistrate for the apprehension of a person charged
with any indictable offence under the provisions of the Indictable
Offences (Preliminary Enquiry) Act.

43. When the Minister exercises his powers under section
64(2)(a) of the Act and refers the whole case to the Court, the
petitioner whose case is so dealt with shall be deemed to be for
all the purposes of the Act or these Rules a person who has
obtained from the Court leave to appeal, and the Court of Appeal
may proceed to deal with his case accordingly.

44. Where the Minister refers a point to the Court under
section 64(2)(b) of the Act, such Court shall, unless it otherwise
determines, consider such point in private.

45. The Judges of the Court shall make arrangements for any
sittings that may be necessary during vacation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Saving as regard
Summary
Courts
procedure.
Ch. 4:20.

Order III

46. Nothing in this Order shall apply to appeals under
the Summary Courts Act or under any other written law to which
the procedure regulating appeals under the Summary Courts Act
is applied.

Appendix A
(This Appendix has been deleted consequent on the revocation of
Order II by LN 121 of 1980).

Appendix B
(This Appendix has been deleted consequent on the revocation of
Order II by LN 121 of 1980).

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

102 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

APPENDIX C
SUPREME COURT OF JUDICATURE ACT

CRIMINAL FORM I
JUDGE’S CERTIFICATE

In the Supreme Court of Trinidad and Tobago (Criminal).

Holden at ............................................................................................................
THE STATE v.

............................................................................................................................

Whereas the said .........................................................................was tried and
convicted before me the undersigned, in the said Court on the ..........................
day of ................................... 20......, on an indictment charging him with
.................................................................and was thereupon sentenced by me
to ........................................................................................................................

I do Hereby Certify that the case is a fit case for an Appeal by the said
..............................................to the Court of Appeal under section 43 of the
Supreme Court of Judicature Act, upon the following grounds:
............................................................................................................................
............................................................................................................................
............................................................................................................................

(Signed) .......................................................

Dated this ............................day of .......................................................... 20......

(For Criminal Form II See page 104).

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 103

LAWS OF TRINIDAD AND TOBAGO

O. III, r. 3.

(State shortly
the offence,
e.g., Larceny,
Murder,
Forgery, etc.).

Here specify in
general terms
the grounds on
which
Certificate
granted.

Judge

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM II

THE STATE v.
............................................................................................................................

PARTICULARS OF TRIAL

(1) Where tried................................................................................................
(2) When tried ................................................................................................
(3) Name of Judge who tried ..........................................................................
(4) Verdict of Jury ..........................................................................................
(5) Sentence, and any orders made consequent thereon .................................
..................................................................................................................

(a) Restitution of property.
(b) Orders referred to in section 2.

(6) Copy of the list of exhibits directed by these Rules to be kept by the
proper officer of the Court of Trial ............................................................

(7) Whether a certificate under section 5(b) was given .................................

(8) Name and address of the Prosecutor. State name(s) of Attorney(s)-at-law
for prosecution, and address(es) of Attorney(s)-at-law .......................
...................................................................................................................

(9) Whether Appellant was defended by Attorney-at-law privately or at
request of Court. Give name of Attorney-at-law for Appellant and
address of Attorney-at-law ........................................................................

...................................................................................................................

(10) Name and address of Shorthand Writer .....................................................

(11) Whether Appellant bailed before trial if so in what amount, and whether
with sureties, if so in what amount ...........................................................

...................................................................................................................

(Signed) ............................................................

Dated this .............. day of .................................., 20.............

O. III, r. 17(1).

Officer of the Court Trial

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

104 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 105

LAWS OF TRINIDAD AND TOBAGO

O. III, r. 20.
SUPREME COURT OF JUDICATURE ACT

CRIMINAL FORM III
NOTICE OF ABANDONMENT

I, .................................................................................................................
having been convicted of ....................................................................................
at ................................................................... and having been desirous of
appealing and having duly sent notice to that effect to the Court of Appeal
against my said conviction (or the sentence of.............................................
passed upon me on my said conviction) do hereby give notice that I do not
intend further to prosecute my appeal, but that I hereby abandon all further
proceedings in regard thereto as from the date hereof.

(Signed) ................................................

(Witness) ..............................................

Dated this ............... day of ............................., 20.........

To the Registrar of the Supreme Court.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM IV

NOTICE OF APPEAL
Question of Law only

To Registrar of the Supreme Court

I, .................................................................................................................... having been convicted

of the offence of .......................................... and being now a prisoner in .........................................

(or* now living at .............................................................................................................................
do hereby give you Notice of Appeal against my conviction (particulars of which hereinafter
appear) to the Court of Appeal on questions of law, that is to say—

............................................................................................................................................................

............................................................................................................................................................

(Signed) .............................................................

(or Mark) ............................................................

.............................................................

.............................................................

Dated this ............... day of ............................., 20.................

PARTICULARS OF TRIAL AND CONVICTION

1. Date of Trial ................................................................................................................................

2. In what Court tried ......................................................................................................................

3. Sentence .....................................................................................................................................

4. Whether above questions of law were raised at the Trial ............................................................

You are required to answer the following questions:
1. If you desire to apply to the Court of Appeal to assign you legal aid on your appeal, state

your position in life, and amount of wages, or salary, etc., and any other facts which you
submit show reason for legal aid being assigned to you.

2. Do you desire to be present on the hearing of your appeal by the Court of Appeal? If you
do so desire, state the reasons upon which you submit the said Court should give you leave
to be present.

3. The Court of Appeal will, if you desire it, consider your case and argument if put into
writing by you or on your behalf, instead of your case and argument being presented orally.
If you desire to present your case and argument in writing set out here as fully as you think
right your case and argument in support of your appeal.

Signature and address of
Witness attesting Mark

Appellant

O. III,
r. 14, 22(1).

(Here state the
offence, e.g.,
Larceny,
Murder, Forgery,
etc.).
*Where
appellant for any
reason not in
custody.
(Here state as
clearly as you
are able the
question or
questions of law
on which you
desire to
appeal).

Fill in all these
particulars.

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

106 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM V

NOTICE OF APPEAL UPON CERTIFICATE OF THE
JUDGE OF THE COURT OF TRIAL

To the Registrar of the Supreme Court.

I, ................................................................................. having been convicted of the offence of
............................................................................................................................................................
and now being a prisoner in ............................................................................... (or* now living at
..........................................................................................................................................................)
and having duly obtained a Certificate which is hereto annexed from the Judge before whom I was
tried for the said offence, that it is a fit case for appeal, Do Hereby Give You Notice of Appeal
against my said conviction (particulars of which hereinafter appear) to the Court of Appeal.

(Signed) .............................................................

(or Mark) ............................................................

.............................................................

.............................................................

Dated this .................. day of .................................., 20..........

PARTICULARS OF TRIAL AND CONVICTION

1. Date of Trial ...............................................................................................................................
2. In what Court tried ......................................................................................................................
3. Sentence .....................................................................................................................................
You are required to answer the following questions:

1. If you desire to apply to the Court of Appeal to assign you legal aid on your appeal, state
your position in life, amount of wages, or salary, etc., and any other facts which you submit
show reasons for legal aid being assigned to you.

2. Do you desire to be present on the hearing of your appeal by the Court of Appeal?
3. The Court of Appeal will, if you desire it, consider your case and argument if put in writing

by you or on your behalf instead of your case and argument being presented orally. If you
desire to present your case and argument in writing, set out here as full as you think right
your case and argument in support of your appeal.

You must send with this Notice to the Registrar the Certificate of the Judge who tried you.

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 107

LAWS OF TRINIDAD AND TOBAGO

O. III,
r. 14, 22(1).

(Here state the
offence, e.g.,
Larceny,
Murder,
Forgery, etc.).
*Where
appellant for
any reason not
in custody.

Fill in all these
particulars.

Signature and address of
Witness attesting Mark

Appellant

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM VI

NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AGAINST A CONVICTION UNDER SECTION 5(b)

To the Registrar of the Supreme Court.

I, ......................................................................................... having been convicted of the offence of

............................................................................................................................................................

and (being now a prisoner in Prison) at ...........................................................................................

(or* now living at .............................................................................................................................)
and being desirous of appealing against my said conviction Do Hereby Give You Notice that I
apply to the Court of Appeal for leave to appeal against my conviction on the grounds hereinafter
set forth.

(Signed) ..................................................

(or Mark) ................................................

................................................

................................................

Dated this ............ day of ........................., 20..........

PARTICULARS OF TRIAL AND CONVICTION

1. Date of Trial ................................................................................................................................

2. In what Court tried ......................................................................................................................

3. Sentence .....................................................................................................................................

GROUNDS FOR APPLICATION

............................................................................................................................................................

............................................................................................................................................................
You are required to answer the following questions:

1. If you desire to apply to the Court of Appeal to assign you legal aid on your appeal, state
your position in life, and amount of wages, or salary, etc., and any other facts which you
submit show reason for legal aid being assigned to you.

2. If you desire to be present when the Court of Appeal considers your present application for
leave to appeal, state the grounds on which you submit that the Court of Appeal should give
you leave to be present thereat.

3. The Court of Appeal will, if you desire it, consider your case and argument if put into
writing by you or on your behalf, instead of your case and argument being presented orally.
If you desire to present your case and argument in writing set out here as fully as you think
right your case and argument in support of your appeal.

State if you desire to be present at the final hearing of your appeal.

O. III,
r. 14, 22(1).

(Here state the
offence, e.g.,
Larceny,
Murder,
Forgery, etc.).
*Where
applicant for
any reason not
in custody.

Fill in all these
particulars.

(Here state as
clearly and
concisely as
possible the
grounds on
which you
desire to appeal
against your
conviction.)

Signature and address of
Witness attesting Mark

Applicant

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

108 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM VII

NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AGAINST SENTENCE

To the Registrar of the Supreme Court.

I, ............................................................................................. having been convicted of the offence

of .......................................................................................................................................................

and now being a prisoner in Prison at ................................................................................................

(or* now living at ...........................................................................................................................)
Do Hereby Give You Notice that I desire to apply to the Court of Appeal for leave to appeal to the

said Court against the sentence of ...................................................................................................
passed upon me for the said offence, on the following grounds:

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

(Signed) ........................................................................

(or Mark) ........................................................................

Dated this ................ day of .........................................., 20...........

PARTICULARS OF TRIAL AND CONVICTION

1. Date when sentence passed ..........................................................................................................

2. In what Court tried .......................................................................................................................

You are required to answer the following questions:
1. If you desire to apply to the Court of Appeal to assign you legal aid on your appeal, state

your position in life, wages, salary, etc., and any other facts which you submit show reason
for legal aid being assigned to you.

2. If you desire to be present when the Court of Appeal considers your present application for
leave to appeal, state the grounds on which you submit that the Court of Appeal should give
you leave to be present thereat.

State if you desire to be present at the final hearing of your appeal.
3. The Court of Appeal will, if you desire it, consider your case and argument if put into

writing by you or on your behalf instead of your case and argument being presented orally.
If you desire to present your case and argument in writing set out here as fully as you think
right your case and argument in support of your appeal.

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 109

LAWS OF TRINIDAD AND TOBAGO

O. III, r. 22(1).

(Here state the
offence, e.g.,
Larceny,
Murder,
Forgery, etc.).

* Where
appellant for
any reason not
in custody.

(Here set forth
the grounds on
which you
desire to
question the
sentence).

Fill in all these
particulars.

Signature and address of
Witness attesting Mark

Appellant

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

O. III, r. 2(7).
SUPREME COURT OF JUDICATURE ACT

CRIMINAL FORM VIII
DECLARATION VERIFYING TRANSCRIPT OF

SHORTHAND NOTES

I, ..................................................................................................................... of

....................................................................................................................... do
solemnly and sincerely declare that, having been required by the Registrar of the
Supreme Court to furnish him a transcript of the shorthand note relating to the
trial (or other proceeding) in relation to which shorthand note is now produced

and shown to me marked ............................................................................, and

purporting to have been signed and certified by .......................................... (or
signed and certified by me), I have made a correct and complete transcript
thereof to the best of my skill and ability in pursuance of the said requirement,
which said transcript is now shown to me marked “B”. And I make this
declaration conscientiously believing the same to be ......................................
and according to the Statutory Declarations Act, and I am aware that if
there is any statement in this declaration which is false in fact, which I
know or believe to be false or do not believe to be true, I am liable to fine
and imprisonment.

Dated this .............. day of ................................................, 20...............

(Signed) ......................................................

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

110 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 111

LAWS OF TRINIDAD AND TOBAGO

Signature and address of Witness
attesting Mark

Appellant

O. III, r. 21.

(Here state the
offence, e.g.,
Larceny,
Murder,
Forgery, etc.).

* Where
appellant for
any reason not
in custody.

Here set out
clearly and
concisely the
reasons for the
delay in giving
such Notice, and
the grounds on
which you
submit the
Court should
extend the time.

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM IX

NOTICE OF APPLICATION FOR EXTENSION OF TIME
WITHIN WHICH TO APPEAL

To the Registrar of the Supreme Court.

I, .................................................................................................. having been convicted

of the offence of ............................................................................................ at the Court

of ........................................................................................................................... held at

................................................................................................................................ in this

..........................................................................................................................................

of ....................................................... on the ............ day of ................................, 20......

and now being a prisoner in ..............................................................................................

(or* now living at .........................................................................................) Give You
Notice, that I hereby apply to the Court of Appeal for an extension of the time within
which I may give Notice of Appeal (or Notice of Application for leave to appeal), on
the grounds following:

..........................................................................................................................................

..........................................................................................................................................

(Signed) ........................................................

(or Mark) ......................................................

......................................................

......................................................

Dated this ................. day of .............................., 20..........

You are required to send to the ................................................... of Supreme Court, duly
filled up, and with the questions appearing thereon properly answered, Form IV, if your
proposed appeal involves a question of law alone; or Form V if you have obtained the
Certificate of the Judge of the Court of Appeal; or Form VI if you have not obtained
such Certificate; or Form VII if you desire to appeal against your sentence only,
together with this Notice.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

O. III.
r. 4(3), 26(7).

Appellant

Justice of the Peace

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM X

RECOGNISANCE OF BAIL OF APPELLANT
Be it remembered that whereas .............................................................................. was convicted of

................................................................... on the .................. day of ..................................., 20.......

(and was thereupon sentenced to ....................................... ), and now is in lawful custody in Prison

at ................................................. and has duly appealed against his conviction (and sentence) to
the Court of Appeal, and has applied to the said Court for bail pending the determination of his
appeal, and the said Court has granted him bail on entering into his own recognisances in the sum

of $................................ (and with .......................................................... sureties each in the sum of

$.......................), the said ................................... personally cometh before me the undersigned and

acknowledges himself to owe to the State the said sum of ....................................., of good and
lawful money to be made and levied of his goods and chattels, lands and tenements to the use of the

State if he the said ............................................. fail in the ...............................................................
condition endorsed.

Taken and acknowledged this .............. day of ........................................................ 20........... at the

............................................................................................................................................................

before me,

.......................................................................

CONDITION

The condition of the within written recognisance is such that if he the said ......................................

........................................................ shall personally appear and surrender himself at and before
the Court of Appeal at each and every hearing of his appeal to such Court and at the final
determination thereof and then and there abide by the Judgment of the said Court and not to depart
or be absent from such Court at any such hearing without the leave of the said Court, and in the
meantime not to depart out of Trinidad and Tobago, then this recognisance to be void or else to
stand in full force and effect.

The following to be filled up by the Appellant and signed by him:

When released on bail my residence, to which any Notices, etc., are to be addressed, will be as
follows:

............................................................................................................................................................

............................................................................................................................................................

(Signed) .................................................

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

112 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 113

LAWS OF TRINIDAD AND TOBAGO

O. III,
r. 4(3), 26(7).

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XI

RECOGNISANCE OF APPELLANT’S SURETIES
Be it remembered that on this ........................... day of ......................., 20.........
.................................................... of ............................................. (occupation)
and .................................................. of ................................. (occupation)
personally came before me the undersigned Justice of the Peace at ..................
in the ....................................... of .............................................. and severally
acknowledged themselves to owe to the State the several sums following, that
is to say, the said .................................................................................... the sum
of $ ............................., and the said ................................................. the sum of
$ .........................., of good and lawful money to be made and levied of their
goods and chattels, lands and tenements, respectively to the use of the State if
.................................... now in lawful custody in ..............................................
fail in the condition hereon endorsed.

Taken and acknowledged before (us) the undersigned, the day and year first
above-mentioned.

....................................................

County of .................................................

CONDITION
The condition of the within written Recognisance is such that whereas the said
.................................. having been convicted of ........................................ and
now in such lawful custody as before-mentioned (under a sentence of
............................................................... for such offence), has duly appealed
to the Court of Appeal against his said conviction (and sentence), and having
applied to the said Court for bail, pending the determination of his said appeal,
has been granted bail on his entering into recognisance in the sum of
$ ..........................., with .......................................... sureties each in the sum of
$ ..........................., if the said .............................................. shall personally
appear and surrender himself at and before the said Court at each and every
hearing of his said appeal to such Court and at the final determination thereof,
and to there and then abide by the Judgment of the said Court, and not depart
or be absent from the said Court at any such hearing without leave of the
Court, and in the meantime not to depart out of Trinidad and Tobago, then this
recognisance to be void or else to stand in full force and effect.

Justice of the Peace,

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XII

NOTICE TO COMMISSIONER OF PRISONS TO
RELEASE APPELLANT ON BAIL

THE STATE v.
..........................................................................................................................................
To the Commissioner of Prisons,
Whereas ............................................................ has duly appealed to the Court

of Appeal against his conviction for ........................................ (and sentence of

........................................), and having duly applied to the said Court has been
granted bail by the said Court pending the determination of his said appeal on

entering into recognisances himself in the sum of $ .................................., (and

with ............................................................. sureties each in the sum of

$ .........................), in the forms provided under the said Act. And Whereas I,
the Registrar of the said Court, have been given to understand that the said
............................................................... is now in your lawful custody in the
said prison under the said conviction and sentence. And Whereas I have received

a recognisance of the said ........................................................... from you (and

Recognisances from ....................... sureties for the said ......................) and the
said recognisances are in due form and in compliance with the order of the said

Court of Appeal, admitting the said ........................................................ to bail.

Now I do Give You Notice that if the said .......................................................
do remain in your custody under the said conviction (and sentence) and for no
other cause you shall on receipt of this Notice suffer him to go at large. And
this Notice shall be your authority in that behalf.

(Signed) .................................................

Dated the .................. day of ......................................., 20.................

O. III, r. 26(6).

Registrar of Supreme Court

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

114 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XIII

NOTIFICATION TO APPELLANT OF JUDGE’S DECISION
UNDER SECTION 59

THE STATE v.

..........................................................................................................................................
I hereby Give you Notice that a Judge of the Court of Appeal having
considered your application for—

(a) leave to appeal;
(b) for extension of time within which Notice of Appeal or of

Application for leave to appeal may be given;
(c) legal aid to be assigned to you;
(d) permission to you to be present at the hearing of any proceedings in

relation to your appeal,

has refused the applications marked ............................................. (and granted

your applications marked .............................................................).

If you desire to have the above-mentioned applications which have been
refused determined by the Court of Appeal, you are required to fill up the
enclosed form and return it to me forthwith.

Dated this .............. day of ....................................., 20............

(Signed) .............................................

To the above-named ...........................................................................................

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 115

LAWS OF TRINIDAD AND TOBAGO

O. III, r. 31(1).

Strike out any
of them which
have not been
made or have
been granted.

Registrar

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XIV

NOTICE OF APPEAL BY APPELLANT FROM JUDGE
UNDER SECTION 59

THE STATE v.

............................................................................................................................
I, ..................................................................................................... having
received your notification that my Applications for—

(a) leave to appeal;
(b) extension of time within which Notice of Appeal or Application for

leave to appeal may be given;
(c) legal aid to be assigned to me;
(d) permission to me to be present at the hearing of any proceedings in

relation to my appeal,
have been refused;
do hereby give you notice that I desire that the said applications shall be
considered and determined by the Court of Appeal.
(*and that as I am not legally represented I desire to be present at the
determination of my said applications).

(Signed) .......................................

.....................................................

To the Registrar of Supreme Court

Dated this ............... day of ......................................, 20 ...........

If you desire to state any reasons in addition to those set out by you in your
original notice upon which you submit that the Court of Appeal should grant
your said applications, you may do so in the space below—
............................................................................................................................
............................................................................................................................
............................................................................................................................

O. III,
r. 22(2), (3).

Strike out any
of those which
have not been
made or which
have been
granted.

*Strike out this
if you do not
desire to be
present.

Witness Attesting Mark

Appellant

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

116 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XV

CERTIFICATE TO SURETY
THE STATE v.

..........................................................................................................................................

This is to Certify that you* ............................................................................. of

...........................................................................whose signature is below have

been accepted by the Magistrate for the County of ................................, on this

............. day of ..............................., 20............., as surety for the above-named

.......................................... in the sum of $................... for the due appearance

of the said ............................................ before the “Court of Appeal” at each
and every hearing of his appeal and at the final determination thereof, and that

the said ......................................., shall then and there abide by the Judgment
of the said Court and not depart or be absent from such Court at any such
hearing without the leave of the said Court, and in the meantime not to depart
out of Trinidad and Tobago. And that your said recognisance will be duly
forwarded by me to the Registrar of the Supreme Court.

(Signed) .....................................................

County of ..................................................

I acknowledge that the above Certificate is correct.

(Signed) ....................................................

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 117

LAWS OF TRINIDAD AND TOBAGO

O. III, r. 26(5).

*Here fill in
Surety’s name
and address.

Surety

Clerk of the Peace

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XVI

INFORMATION OF SURETY FOR ARREST OF
APPELLANT

THE STATE v.

.............................................. (Appellant)
The Information of *...................................... of ...............................................
(............................) laid before me the undersigned upon an application for a Warrant
for the apprehension of *................................................and the deposition of the said in
support thereof on the ......... day of.............................. 20.........

The said *............................................................................................... said as follows:
...........................................................................................................................
...........................................................................................................................
..........................................................................................................................................
I, ...........................................* do say that the above-named *......................... having
been granted bail by the Court of Appeal, himself in the sum of $............, and with
....................................surety in the sum of $ ................. was released on such bail on
condition that he should personally appear and be present at and before the Court of
Appeal at each and every hearing of his appeal and at the final determination thereof
and to then and there abide by the Judgment of the said “Court” and not to depart or be
absent from such Court on any such hearing without the leave of the said Court and in
the meantime not to depart out of Trinidad and Tobago.
And that I became surety for the performance of the said conditions by the said
.....................................in the sum of $................. , a Certificate whereof signed by the
Clerk of the Peace of ................................... and by me is now shown to me marked (a).

And that I suspect that the said ................................................... is about to depart out
of Trinidad and Tobago (or state in what manner the Appellant is believed to be about
to fail in the observance of this recognisances) and I therefore desire to surrender the
said ............................................................. into custody and, thereby discharge myself
from my said recognisances. I verily believe that the said ........................................ is
now in ..............................................................................................................................

(Signed) .........................................................

Laid before me the day and year first above written.

(Signed) ........................................................

O. III, r. 26(10).

*Here state
Appellant’s
name and
address if
known.

*Here fill in the
name,
description, and
address of
Surety.

Surety

Magistrate

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

118 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 119

LAWS OF TRINIDAD AND TOBAGO

O. III, r. 26(10).

*Here fill in the
appellant’s
name .

*Here fill in
Surety’s name.

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XVII

WARRANT ON INFORMATION OF SURETY
To all Constables,
Whereas Information hath been duly laid before me the undersigned by

.......................of ............................for that* ........................................... having
been released on bail by the Court of Appeal on recognisances conditioned to
appear and to be present at and before the Court of Appeal at each and every
hearing of his appeal and at the final determination thereof and to then and
there abide by the Judgment of the said Court and not to depart or be absent
from such Court on any such hearing without the leave of the said Court and
in the meantime not to depart out of Trinidad and Tobago and that the said

........................................................................................... doth suspect that the

said .....................................................................................................................
is about to depart out of Trinidad and Tobago (or as the case may be) and that

the said ................................................................... is believed to be within the

....................................................... these are therefore to authorise you the said

Constables forthwith to apprehend the said ............................................. and to

bring him before the Magistrate’s Court of .................................................. to
the intent that he may be committed to Jail and there to be detained according
to law.

Given under my hand this .......... day of ................................., 20..........

(Signed) ..................................................
Magistrate

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XVIII

COMMITMENT OF APPELLANT ON SURETY’S
INFORMATION

To all Constables and to the Commissioner of Prisons.
Whereas on the ................. day of ................................... Information was laid

before the Magistrate of the County of ...................................................... upon

an application for a warrant for the apprehension of .......................... for that
he being a prisoner released on bail by the Court of Appeal was believed and
suspected of being about to fail to observe the conditions of his recognisance

by the said ...............................................................his surety. And that the said

..........................................................was then desirous of surrendering the said

............................................................................................................................
And Whereas the said* .................................................................... being now

before the Magistrate of ............................................................................... and

surrendered by the said ............................................................................ in
discharge of his recognisances. You are therefore hereby commanded forthwith

to deliver him the said ............................................................................... to the

Commissioner of Prisons at .................................................. together with his
Warrant of Commitment and you the said Commissioner of Prisons are required

to receive the said .............................................................. into your custody in
Jail and there safely keep him according to law.

Given under my hand this ........... day of ..................................., 20 ........

(Signed) ..................................................

O. III, r. 26(11).

*(Appellant).

Magistrate

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

120 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XIX

WARRANT FOR ARREST OF APPELLANT ON BAIL
THE STATE v.

............................................................................................................................
To all Constables and to the Commissioner of Prisons.

Whereas .........................................................................................an Appellant
in the Court of Appeal has been released by the said Court on bail and it has now
been ordered by the said Court that a Warrant be issued for the apprehension

of the said ...........................................................................................................

These are therefore to command you the said Constables forthwith to apprehend

the said ...................................................and to bring him to the Commissioner
of Prisons, and there deliver him with this Warrant into the custody of the said
Commissioner and you the said Commissioner are hereby required to receive

the said ................................................................................................ into your
custody in Jail and there safely keep him until further order of the said Court.

(Signed) ........................................................

Dated this ............. day of ..................................., 20............

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 121

LAWS OF TRINIDAD AND TOBAGO

O. III, r. 26(8),
(13).

In the Court of
Appeal.

(President of the Court of Appeal)

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Here fill in
Court of trial.

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XX

RECOGNISANCE OF APPELLANT SENTENCED TO
PAYMENT OF A FINE

Be it remembered that whereas ..........................................................................
of .................................................................................... was on the ........... day
of .............................. 20....................., convicted of .................................. and
was thereupon sentenced to pay the sum of $.................... as a fine for his said

offence by the ..................................................... and has intimated to the said
Court that he desires to appeal against his said conviction on a question of law
alone (or upon a certificate of the Judge of the said Court that his is a fit case for
appeal). And whereas the said Court considers that the said Appellant may in
lieu of payment at and upon his said conviction of the said sum, be ordered to
enter into recognisance of bail himself in the sum of $................................. and
with sureties, each in the sum of $........................ to prosecute his said appeal
before the Court of Appeal.
The said .......................................................................................... doth hereby
acknowledge himself to owe to the State the said sum of $.................. of good
and lawful money to be made and levied of his goods and chattels, lands and
tenements to the use of the State if the said ................................... fail in the
condition endorsed.
Taken and acknowledged this .............. day of ........................................ 20......
at the said Court, at and before the Judge of the said Court.

(Signed) ...................................................

CONDITION
The Condition of the within written recognisance is such that if the said
..................................................... of .......................................................... shall
personally appear and be present at and before the Court of Appeal at each and
every hearing of his appeal to such Court, and at the final determination thereof
and then and there to prosecute his said appeal and abide by the Judgment of the
said Court, and not to depart or be absent from such Court at any such hearing

without leave of the said Court, and to pay the said sum of $ ............................
........................................, or such sum as the said Court may order to the Registrar
thereof, then this recognisance shall be void, otherwise of full force and effect.

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

122 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 123

LAWS OF TRINIDAD AND TOBAGO

To Wit Here fill
in name of
Court of Trial.

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXI

RECOGNISANCE OF SURETIES FOR APPELLANT
SENTENCED TO A FINE

Be it remembered that on the ................. day of ................................ 20 ..........,
..................................................... of ..............................................(occupation)
and ....................................... of .....................................................(occupation)
personally came before the Court of ............................................................ and
severally acknowledged themselves to owe to the State the several sums
following, that is to say, the said .................................................................. the
sum of $........................ and the said .................................................... the sum
of $......................... of good and lawful money to be made and levied of their
goods and chattels, lands and tenements respectively to the use of the State if
...................................................now before the said Court fail in the condition
hereon endorsed.
Taken and acknowledged before the said Court of ..........................................
on the day and year first above mentioned.

(Signed)...................................................

CONDITION
The condition of the within written recognisance is such that whereas the said
.................................................... having been convicted of ....................... and
having been sentenced to pay a fine of $........................... for his said offence,
and having now intimated his desire to appeal on a question of law alone (or
with the certificate of the Judge of this Court) to the Court of Appeal against the
said conviction, and having in lieu of payment at and upon his said conviction
of the said sum of $ ............................, been ordered to enter into recognisance
of bail himself in the sum of $ .............................................................. and with
......................................... sureties in the sum of $ ............................. if the said
........................................... shall personally appear and be present at and
before the Court of Appeal at each and every hearing of his appeal to such
Court and at the final determination thereof, and then and there to prosecute
his said appeal and abide by the Judgment of the said Court, and not depart or
be absent from such Court at any such hearing without leave of the said Court,
then this recognisance to be void, or else to stand in full force and effect.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXII

NOTICE TO APPELLANT SENTENCED TO FINE, OR
BREACH OF HIS RECOGNISANCES

THE STATE v.

............................................................................................................................

To the above-named ........................................................................... Appellant

Whereas you were convicted on the .......... day of .................................. 20 .....,

of the offence of ........................................................ and were sentenced to the

payment of $................................., and in default of such payment to
imprisonment, and that under the Court of Appeal Rules, you entered into

recognisances in the sum of $ ................................ with sureties in the sum of

$............................ each to prosecute your Appeal, and whereas fourteen days
have elapsed since your said conviction, and no Notice of Appeal has been
served by you, Now I Hereby Give you Notice that unless you attend at the

sitting of the Court of Appeal to be holden on .............day, the .............. day of

..................................... 20..... and then shew good cause to the contrary, the
Court may order an estreat of your recognisances and those of your sureties,
or may otherwise deal with you according to law.

(Signed) ......................................................

O. III, r. 4(5).

Registrar of Supreme Court

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

124 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXIII

NOTICE TO SURETY FOR APPELLANT OF
ESTREAT OF RECOGNISANCE

THE STATE v.

............................................................................................................................

To* .....................................................................................................................

of .......................................................................................................................

Whereas you the above named, became duly bound in recognisances as surety,

for the said ................................................................ having been convicted of

.................................... and for his said offence fined the sum of $ ................,
should duly prosecute an appeal in relation to his said conviction before the

“Court of Appeal”, and whereas the said .................................................. has
not so prosecuted his appeal, now I Hereby Give you Notice that at the sitting

of the Court of Appeal on ................................................... next your
recognisances may be ordered to be estreated, unless You then shew good
cause to the contrary.

(Signed) ...................................................

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 125

LAWS OF TRINIDAD AND TOBAGO

O. III, r. 4(5).

*Here fill in
Surety’s name
and address.

Registrar of Supreme Court

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXIV

CAPTION FOR DEPOSITION OF WITNESS EXAMINED
BEFORE EXAMINER

THE STATE v.

............................................................................................................................
The depositions (on oath) taken before me the undersigned, being an Examiner
duly appointed by the “Court of Appeal” in that behalf, of ................................
and of ............................................... witnesses examined before me under an
order of the said Court dated ............... day of ..................................., 20.........,
in the presence of the said ................................... Appellant (or of his Attorney-
at-law) the Respondent (or of his Attorney-at-law) at ......................................
on the ......................day of ............................................................... which said
................................ Appellant and Respondent (personally) or by their
Attorneys-at-law respectively had full opportunity of asking question of the
said witnesses to whom the depositions following were read by me before
being signed by them the said witnesses respectively.
The deposition of .............................................. of .............................................
who (upon oath duly administered by me) saith as follows:

............................................................................................................

............................................................................................................

(Signed) .............................................................

Taken before me this .................. day of ..............................., 20.........

........................................................

O. III, r. 36(7).

Examiner

Witness

(here follows deposition)

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

126 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXV

ORDER TO WITNESS TO ATTEND COURT
FOR EXAMINATION

THE STATE v.

............................................................................................................................

To ................................................... of ..............................................................
Whereas on good cause shown to the Court of Appeal you have been ordered to
attend and be examined as a witness before such Court upon the appeal of the

above-named .................................. This is to Give You Notice to attend before

the said Court on ............................ the .......... day of .......................................,

20................., .at ...........................o’clock in the ................noon. You are also
required to have with you at the said time and place any books, papers or other
things relating to the said appeal which you may have had notice so to produce.

(Signed) .................................................

Dated this .................. day of ................................., 20.........

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 127

LAWS OF TRINIDAD AND TOBAGO

Registrar of Supreme Court

O. III, r. 36(1).

Names, etc., of
witness.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

O. III, r. 36(2).

Signature of Witness attesting Mark

Appellant

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXVI

APPELLANT’S APPLICATION FOR FURTHER
WITNESSES
THE STATE v.

..........................................................................................................................................

I, ....................................................................., having appealed to the Court of Appeal
hereby request you to take notice that I desire that the said Court shall order the
witness(es) hereinafter specified to attend the Court and be examined on my behalf.

(Signed) ..................................................................

(or Mark) ................................................................

................................................................

Dated this ................ day of ................................, 20..........

You are required to fill up the following form and sign the same.

1. Name and address of witness.....................................................................................

...................................................................................................................................

2. Whether such witness has been examined at Trial ....................................................

3. If not, state the reason why he was not so examined .................................................

..................................................................................................................................

4. On what matters do you wish him to be examined on the appeal ..............................

...................................................................................................................................


...................................................................................................................................

State shortly the evidence you think he can give .......................................................

..................................................................................................................................

..................................................................................................................................

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

128 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXVII

NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER
THE STATE v.

............................................................................................................................

To ................................................ of ..................................................................

Whereas on good cause shown to the Court of Appeal you have been ordered
to be examined as a witness upon the appeal of the above named, and your
deposition to be taken for the use of the said Court.

This is to give you notice to attend* ...................................................................

on the ................... day of ...................................................... 20........... before†

.............................................. at .................. o’clock in the .......................noon.

You are also required to have with you at the said time and place any books,
papers or other things under your control or in your possession in any manner
relating to the said appeal of which you may have notice so to produce.

............................................................

Dated this ................ day of ................................., 20...............

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 129

LAWS OF TRINIDAD AND TOBAGO

O. III, r. 36(5).

Name, etc., of
witness.

*Specify place
of examination.

†Fill in
examiner’s
name.

Registrar of Supreme Court

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXVIII

NOTIFICATION TO APPELLANT OF RESULT
OF HIS APPEAL

THE STATE v.

............................................................................................................................

To the above-named Appellant

This is to give you notice that the Court of Appeal having considered the matter
of your appeal, have finally determined the same and have this day given
judgment to the effect following (here shortly state the judgment of the Court,
e.g., that your appeal be dismissed or that the sentence against which you

appealed be altered from ................................................................................ to

.........................................................or as the case may be).

Signed .................................................

Dated this .................. day of ..................................., 20...............

O. III, r. 31(1).

Registrar of Supreme Court

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

130 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXIX

NOTIFICATION TO APPELLANT OF RESULT OF
APPLICATION UNDER SECTION 59

THE STATE v.

............................................................................................................................

To the above-named Appellant.

This is to give you notice that the “Court of Appeal” have considered the
matter of your Application for—

(a) leave to appeal to the said Court;
(b) leave to extend the time within which you may give Notice of

Appeal or of Application for leave to appeal;
(c) legal aid to be assigned to you;
(d) permission to be present during the proceedings in your appeal,

and finally determined the same and have this day given judgment to the effect
following (here set out decision of Court of Appeal, e.g., that
you have .............. days from the ........ day of .................. 20...... within which

you may give Notice of Appeal or that you may be admitted to bail in your own

recognisances in the sum of $....................... with two sufficient sureties in the

sum of $.......................... each, as the case may be).

Signed ..............................................................

Dated this .............. day of ............................., 20.................

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 131

LAWS OF TRINIDAD AND TOBAGO

O. III, r. 31(1).

Registrar of Supreme Court

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXX

THE STATE v.

............................................................................................................................

To The Minister

To the Commissioner of Prisons

This is to give you Notice that the above-mentioned having applied for—
(a) leave to appeal to the said Court;
(b) leave to extend the time within which he may give Notice of Appeal

or of an Application for leave to appeal;
(c) legal aid to be assigned to him;
(d) permission to be present during the proceedings in his Appeal;
(e) his admission to bail;

under the said Act, the Court of Appeal has this day finally determined his said
Applications and has given judgment to the effect following:

............................................................................................................................

Signed .......................................................

Dated this .................... day of ................................................, 20.......

(here set out the decision of the Court)

Registrar of Supreme Court

O. III, r. 31(1).

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

132 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXXI

THE STATE v.

............................................................................................................................

To The Minister

To the Commissioner of Prisons

This is to give you Notice that the above-named having appealed against his

conviction of the offence of ................................ at ..........................................

(or, the sentence of ......................................................................... passed upon

him for the offence of ................................................... at ............................)
the Court of Appeal has finally determined the said appeal and has this day
given judgment therein, to the effect following (here set out the decision of
the Court).

(Signed) .................................................

Dated this ................ day of ................................, 20.............

L.R.O.

Court of Appeal Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 133

LAWS OF TRINIDAD AND TOBAGO

Registrar of Supreme Court

O. III, r. 31(1).

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPREME COURT OF JUDICATURE ACT
CRIMINAL FORM XXXII

THE STATE v.
............................................................................................................................

LIST OF EXHIBITS



(Signed) ..................................................

...................................................

...................................................

O. III, r. 5(3).

BARRISTERS (DISCIPLINARY PROCEEDINGS) RULES

(Repealed by section 66 of Act No. 21 of 1986)

Officer of Court of Trial

Clerk to Committing Justice

Coroner

Direction of the
Judge of the Court
of Trial, with name

and address of person
retaining Exhibit

Production by
Prosecution

or Defence

Short
description
of Exhibit

Number or
other identifying
mark on Exhibit

[Subsidiary] Court of Appeal Rules

LAWS OF TRINIDAD AND TOBAGO

134 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

[Subsidiary]
Supreme Court of Judicature Chap. 4:01 135

LAWS OF TRINIDAD AND TOBAGO

CRIMINAL APPEAL (REFERENCE
OF POINTS OF LAW) RULES

ARRANGEMENT OF RULES

RULE
1. Citation.
2. Interpretation.
3. Form of reference.
4. Notice of reference.
5. Withdrawal of amendment of reference.
6. Amendment of respondent’s argument.
7. Application under section 63(3).
8. Non-disclosure of respondent’s identity.
9. Service on respondent.
10. Service on Registrar.

SCHEDULE.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

87/1981.

Citation.

Interpretation.

Schedule.

Form of
reference.

*These Rules came into operation on 1st August 1981.

*CRIMINAL APPEAL (REFERENCE OF
POINTS OF LAW) RULES

made under section 77

1. These Rules may be cited as the Criminal Appeal
(Reference of Points of Law) Rules.

2. In these Rules—
“the Act” means the Supreme Court of Judicature Act;
“the Court” means the Court of Appeal;
“Form” means a criminal form set out in the Schedule;
“reference” means a reference of a point of law to the Court in

pursuance of section 63 of the Act;
“Registrar” means the Registrar of the Supreme Court of Judicature;
“respondent”, in relation to a reference, means the acquitted

person in whose case the point of law referred to arose.

3. (1) A reference shall be in writing, and shall—
(a) specify the point of law referred and, where

appropriate, such facts of the case as are
necessary for the proper consideration of the
point of law;

(b) summarise the arguments intended to be put to
the Court; and

(c) specify the authorities intended to be cited,
but no mention shall be made in the reference of the proper name
of a person or place that is likely to lead to the identification of
the respondent.
(2) A reference shall be entitled “Reference by the
Attorney General to the Court of Appeal under section 63 of the
Supreme Court of Judicature Act”, together with the year and
number of the reference and shall be addressed to, and served on
the Registrar within forty-two days of the acquittal.

[Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

136 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Criminal Appeal (Reference of Points of Law) Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 137

LAWS OF TRINIDAD AND TOBAGO

Notice of
reference.
Form A.

Withdrawal of
amendment of
reference.

Form B.

Form C.

Amendment of
respondent’s
argument.

4. (1) The Registrar shall cause to be served on the
respondent a copy of the reference and a notice in Form A.
(2) In the notice the Registrar shall—
(a) inform the respondent that the reference will not

affect the trial in relation to which it is made or
on acquittal in that trial; and

(b) invite the respondent, within twenty-eight days
from the date of service of the notice, to inform
the Registrar if the respondent wishes to present
any argument to the Court and, if so, whether he
wishes to present the argument in person or by
an Attorney-at-law on his behalf.

(3) When the respondent wishes to present any argument
he shall serve a notice to that effect on the Registrar within the
time specified in paragraph (2) and such notice shall summarise
the argument and specify the authorities intended to be cited.
(4) The Court shall not hear argument by or on behalf of
the Attorney General until the period specified in paragraph (2)
has expired, unless the respondent agrees.
5. (1) The Attorney General may withdraw or amend the
reference at any time before the Court has begun the hearing or,
after that, and until the Court has given its opinion, may withdraw
or amend the reference by leave of the Court.
(2) Notice of withdrawal or amendment under sub-rule (1)

shall be in Form B and shall be served by the Attorney General
on the Registrar and on the respondent.
(3) An application by the Attorney General for leave to
amend or withdraw the reference after the termination of the hearing
and before the Court gives its opinion shall be in Form C and a copy
thereof shall be served by the Attorney General on the respondent.
6. (1) Where a notice of amendment is served on the
respondent under rule 5 he may within twenty-eight days
thereafter serve on the Attorney General and on the Registrar a
notice amending his argument.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Form D.

Application
under section
63(3).

Form E.

Non-disclosure
of respondent’s
identity.

Service on
respondent.

Ch. 3:01.

Service on
Registrar.

(2) The respondent may also amend his argument at any
time before the Court has begun the hearing, or after that, and
until the Court has given its opinion, by leave of the Court.
(3) An application by the respondent for leave to amend
his argument after the termination of the hearing and before the
Court gives its opinion shall be in Form D and a copy thereof
shall be served by the respondent on the Attorney General.

7. (1) An application under section 63(3) of the Act for a
reference of a point of law to the Judicial Committee of the Privy
Council may be made within fourteen days after the Court gives
its opinion.
(2) The application shall be in Form E addressed to the
Registrar, and a copy thereof shall be served by the applicant on
the respondent or on the Attorney General, as the case may be,
within fourteen days after the Court gives its opinion.

8. (1) Where a reference is made by the Attorney General
under section 63(1) of the Act no matter likely to lead members
of the public to identify the respondent shall either be published
in a written publication available to the public or be broadcast or
televised, except as authorised by the Court.
(2) The Court shall ensure that the identity of the
respondent is not disclosed during the proceedings on a
reference, except where the respondent has given his consent to
the use of his name in the proceedings.

9. For the purpose of these Rules, service of a document on
the respondent may be effected in an appropriate manner
prescribed by section 23(2) of the Interpretation Act.

10. For the purpose of these Rules, service of a document on
the Registrar may be effected by addressing it to him and posting
it to or leaving it at his office at the Court of Appeal, Hall of
Justice, Knox Street, Port-of-Spain.

[Subsidiary] Criminal Appeal (Reference of Points of Law) Rules

LAWS OF TRINIDAD AND TOBAGO

138 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

Criminal Appeal (Reference of Points of Law) Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 139

LAWS OF TRINIDAD AND TOBAGO

Section 2(1).

Rule 4(1).

SCHEDULE

CRIMINAL FORM A

Attorney General’s Reference No. ..................................................... of 20......
NOTICE TO RESPONDENT of Reference by the Attorney General under
section 63(1) of the Supreme Court of Judicature Act, and rule 4(1) of the
Rules of the Criminal Appeal (Reference of Points of Law) Rules.

To:
TAKE NOTICE that, by virtue of section 63(1) of the Supreme Court of
Judicature Act, the Attorney General has referred the following point of law
for the opinion of the Court of Appeal arising out of the matter of the
State v. ......................... which was determined by your acquittal on .................
before Mr. Justice ..................................................

(State point of law)
And further take notice that the reference will not have any effect either on the
trial in relation to which it is made or on your acquittal but is solely to
determine a point of law which arose therein.

You may within twenty-eight days from the date of service of this notice upon
you, inform the Registrar whether you wish to present any argument to the
Court on the said point of law and if so whether you wish to present such
argument personally or by Attorney-at-law on your behalf. For this purpose
please complete the attached notice and return to:

The Registrar,
Court of Appeal,
Hall of Justice,
Knox Street,
Port-of-Spain.

..............................................
Registrar

Served on the respondent ................... by ............................ at .........................

on the ............. day of ......................................., 20......

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

CRIMINAL FORM B
NOTICE TO RESPONDENT of withdrawal or amendment by Attorney General
of Reference under rule 5 of the Criminal Appeal (Reference of Points of Law)
Rules.

Attorney General’s Reference No.......................... of 20......

To:
TAKE NOTICE that by virtue of rule 5 of the Criminal Appeal (Reference of
Points of Law) Rules, the Attorney General has *withdrawn/amended his
reference.

*The amendment is as follows:

Dated this ............ day of ......................................., 20......

......................................................
Attorney General

*Delete as appropriate.

CRIMINAL FORM C
Attorney General’s Reference No. ..................... of ................................ 20......
APPLICATION by Attorney General to *withdraw/amend his reference under
rule 5 of the Criminal Appeal (Reference of Points of Law) Rules.

TAKE NOTICE that the Attorney General hereby applies to the Court of Appeal
to *withdraw/amend his reference.

*The amendment is as follows:

......................................................
Attorney General
*Delete as appropriate.

Rule 5(3).

Rule 5(2).

[Subsidiary] Criminal Appeal (Reference of Points of Law) Rules

LAWS OF TRINIDAD AND TOBAGO

140 Chap. 4:01 Supreme Court of Judicature

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

CRIMINAL FORM D

Attorney General’s Reference No. .................... of ................................. 20......
APPLICATION by respondent to amend his argument under rule 6 of the
Criminal Appeal (Reference of Points of Law) Rules.

TAKE NOTICE that the respondent hereby applies to the Court of Appeal to
amend his argument.

The amendment is as follows:

......................................................
Respondent

CRIMINAL FORM E
Attorney General’s Reference No. .................... of ................................. 20......
APPLICATION for Reference of Point of Law to the Judicial Committee of the
Privy Council under section 63(3) of the Supreme Court of Judicature Act and
rule 7 of the Criminal Appeal (Reference of Points of Law) Rules.

TAKE NOTICE that the Attorney General/Respondent, being dissatisfied with
the opinion given by the Court of Appeal on the ........... day of .........................
20...... hereby applies to the Court of Appeal to refer the point of law to the
Judicial Committee of the Privy Council and that this application will be heard
by the Court on the ............. day of ............................ 20......

......................................................
*Attorney General/Respondent

*Delete as appropriate.

L.R.O.

Criminal Appeal (Reference of Points of Law) Rules [Subsidiary]
Supreme Court of Judicature Chap. 4:01 141

LAWS OF TRINIDAD AND TOBAGO

Rule 6(3).

Rule 7(2).

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt