republic of trinidad and tobago act no. 11 of 2014 · chap. 11:01, the dangerous drugs act, chap....

BILLAN ACT to amend the Administration of Justice

(Deoxyribonucleic Acid) Act, 2012, the Jury Act,Chap. 6:53, the Criminal Offences Act,Chap. 11:01, the Dangerous Drugs Act,Chap. 11:25, the Indictable Offences (PreliminaryEnquiry) Act, Chap. 12:01, the Young OffendersDetention Act, Chap. 13:05 and the Police ServiceAct, Chap. 15:01

[Assented to 10th September, 2014]

WHEREAS it is provided by section 13(2) of theConstitution, that an Act of Parliament to which thissection applies is one the Bill for which has been passed

Fourth Session Tenth Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 11 of 2014

[L.S.]

Preamble

Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol. 53,No. 120, 16th September, 2014

by both Houses of Parliament and at the final votethereon in each House has been supported by the votesof not less than three-fifths of all the members of thatHouse:

And whereas it is necessary and expedient that theprovisions of this Act shall have effect even thoughinconsistent with sections 4 and 5 of the Constitution:

ENACTED by the Parliament of Trinidad and Tobago asfollows:

1. This Act may be cited as the MiscellaneousProvisions (Administration of Justice) Act, 2014.

2. This Act shall have effect even though inconsistentwith sections 4 and 5 of the Constitution.

PART IADMINISTRATION OF JUSTICE (DEOXYRIBONUCLEIC ACID) 3. The Administration of Justice (Deoxyribonucleic

Acid) Act is amended—(a) in section 4—

(i) by inserting in the appropriatealphabetical sequence, thefollowing definitions:

“ “DNA Record” means arecord either in textual orelectronic format, that iskept in every place orinstitution which collectsDNA samples, containinga record of every sampletaken; and

“exonerated” in relation to aperson means—

(a) a person who hasbeen found notguilty by a

Act inconsistent withConstitution

Act No. 5 of 2012amended

Enactment

Short title

324 No. 11 Miscellaneous Provisions (Administration of Justice) 2014

court at trial inrelation to a p a r t i c u l a roffence;

(b) a person who wascharged with anoffence and hadhis chargesdismissed inrelation to thatp a r t i c u l a roffence; or

(c) a person who hasbeen otherwisedischarged fromcriminal liabilityin relation to ap a r t i c u l a roffence;”;

(ii) in the definition of “intimatesample”, by inserting after thewords “specimen of” the words“venous blood, or”;

(iii) in the definition of “non-intimatesample” in paragraph (a), bydeleting the words “prick of thefinger” and substituting thewords “pin prick”;

(iv) by inserting after the definition of“police officer”, the followingdefinition:

“ “private security officer”means a person licensed

No. 11 Miscellaneous Provisions (Administration of Justice) 2014 325

under any written law toprovide security servicesincluding—

(a) static or patrolservices;

(b) property for hire;(c) p r i v a t e

investigations;(d) immobilisation of

vehicles;(e) carrying out

duties of selling,i n s t a l l i n g ,repairing or servicing anyelectronic orm e c h a n i c a ls e c u r i t ysystems; or

(f) monitoring ors u r v e i l l a n c eservices,

to safeguard the physical welfareof any person, property or asset;”;and

(v) by deleting the definitionof “qualified person” andsubstituting the followingdefinition:

“ “qualified person” means—(a) a registered

m e d i c a lp r a c t i t i o n e runder theMedical BoardAct;

Chap. 29:50


(b) an advancedpractice nurseregistered underPart II of theNurses andM i d w i v e sRegistration Act;or

(c) a personregistered underPart II or Part IIIof the Nursesand MidwivesRegistration Act,acting under thesupervision of ar e g i s t e r e dm e d i c a lpractitioner;”;

(b) in section 5(2), by deleting all the wordsafter the word “samples”;

(c) in section 10—(i) by renumbering section 10 as

section 10(1);(ii) in subsection (1) as renumbered,

by inserting after paragraph (a),the following paragraphs:

“(aa) have sole custody andcontrol of the ForensicDNA Databank;

(ab) have sole custody of allDNA profiles receivedby him for uploadingunto the Forensic DNADatabank;

Chap. 29:53


(ac) determine the suitability of DNAprofiles for uploadingonto the Forensic DNADatabank;”; and

(iii) by inserting after subsection (1)as renumbered, the followingsubsections:

“ (2) The Custodian or anyperson acting under and inaccordance with his generalor special instructions undersubsection (3) shall bedeemed to be a Governmentexpert for the purposes of theEvidence Act.

(3) The functions of theCustodian under this sectionmay be exercised by him inperson or through otherpersons acting under and inaccordance with his generalor special instructions.”;

(d) in section 13(3), by inserting after theword “witness”, the words “who shall certify having witnessed the taking of thesample in the form set out as Form 1A inthe Second Schedule”;

(e) by inserting after section 13, the followingsection:

13(A). Where a police officer isrequired to serve a summons on aperson to appear before a court asa defendant in a criminal case, thepolice officer may also serve on the

“Notice toattend forgiving a DNAsample


Chap. 7:02

person a Notice requiring thatperson to attend on such date andtime and at such place as specifiedin the Notice for the purpose ofgiving a DNA sample.”;

(f) in section 14(7), by inserting after theword “witness”, the words “who shall certify having witnessed the taking of thesample in the form set out as Form 1A inthe Second Schedule”;

(g) in section 15—(i) by repealing subsection (2) and

substituting the followingsubsection:

“ (2) A person specified in theFourth Schedule shall makearrangements for the takingof a non-intimate sample by aqualified person, from aperson specified in the ThirdSchedule.”; and

(ii) in subsection (3), by insertingafter the words “the ThirdSchedule”, the words “and theFourth Schedule”;

(h) by deleting section 16(1) and substitutingthe following section:

16(1). Where a citizen ofTrinidad and Tobago is deportedfrom any place from outside ofTrinidad and Tobago, anon-intimate sample shall betaken from that citizen without

Non-intimatesample to betaken fromdeportedcitizens

FourthSchedule

ThirdSchedule


his consent upon his arrival inTrinidad and Tobago by aqualified person at any port ofentry.”;

(i) in section 17(3), by—(i) deleting the words “or a” and

substituting the word “,”; and (ii) inserting after the word “person”,

the words “, appropriately trainedstaff of the Trinidad and TobagoForensic Science Centre or a firstresponder trained in crime scenesample collection”;

(j) in section 20—(i) by renumbering section 20 as

section 20(1); and(ii) by inserting after subsection (1)

as renumbered, the followingsubsection:

“ (2) Where a sample is takenunder subsection (1), theperson taking the sampleshall complete and submit theform set out as Form 6 in theSecond Schedule.”;

(k) in section 23—(i) in subsection (1), by deleting the

words “police officer or qualifiedperson who takes a sample from aperson” and substituting thewords “a person who takes asample”;

SecondSchedule


(ii) in subsection (2)(a), by deletingthe words “police officer orqualified”; and

(iii) in subsection (2)(b), by deletingall the words after the word“record” and substituting thewords “such information as maybe prescribed by Regulations.”;

(l) by inserting after section 23, the followingsection:

23A. (1) In every place orinstitution where DNA samplesare collected, a record entitled“DNA Record” shall be kept inwhich it shall be recorded everyinstance in which a sample istaken at such place or institution.

(2) The procedures for thekeeping of the DNA Record shallbe prescribed by Regulations.”;

(m) in section 24—

(i) subsection (1), by—

(A) deleting the words“Subject to subsection(2), a” and substitutingthe word “A”; and

(B) deleting the words “to theCommissioner of Police”and substituting thewords “in accordancewith subsections (2), (2A)and (2B).”;

“DNA Record


(ii) subsection (2), by inserting afterthe words “a Court”, the words“and that sample was taken andsubmitted by a police officer”; and

(iii) by inserting after subsection (2),the following subsections:

“ (2A) A Forensic DNAAnalyst shall submit acertificate of analysis that isprepared in respect of asample taken—

(a) by a qualified person;and

(b) in relation to a matter under investigation orbefore the Court,

to the relevant investigatingpolice officer, the Court or therelevant parties before theCourt and a copy of thecertificate of analysis shall besubmitted to the relevantqualified person.

(2B) A Forensic DNAAnalyst shall submit acertificate of analysis that isprepared in respect of asample taken—

(a) for the purpose ofapplying for employ-ment as a person listed in the ThirdSchedule; or

(b) from a person specified in the ThirdSchedule,

ThirdSchedule


to the Custodian, who shallkeep all certificates of analysisreceived by him strictlyconfidential and secured,unless he is required todisclose that certificate ofanalysis, pursuant to anywritten law or Order ofthe Court.”;

(n) by repealing section 25 and substitutingthe following section:

25. (1) Subject to subsections (2),(3) and (4), where a sample is notdestroyed during Forensic DNAanalysis, the Trinidad and TobagoForensic Science Centre shallkeep the sample for a minimumperiod of five years from the dateon which the analysis wascompleted and thereafter thesample may be destroyed.

(2) N o t w i t h s t a n d i n gsubsection (1), a Court may orderthat a non-intimate or intimatesample that has been taken underthis Act, shall not be destroyed, ifthe Court is satisfied that thesample might reasonably berequired for the investigation orprosecution of an offence or for thepurposes of an appeal.

(3) N o t w i t h s t a n d i n gsubsection (1), the Trinidad and

“Retention ofsample


Tobago Forensic Science Centreshall, within three months afterthe end of each calendar year,provide the Commissioner ofPolice and the Director of PublicProsecutions with a list of anysamples which it proposes todestroy.

(4) Where the Commissionerof Police after consultation withthe Director of PublicProsecutions does not object to thedestruction of a sample on a listreferred to in subsection (3)within three months of receivingthe list, the Trinidad and TobagoForensic Science Centre shalldestroy the sample.”;

(o) in section 26, by repealing subsections (11)and (12) and substituting the followingsubsections:

“ (11) Notwithstanding section 7(2),where a sample is taken from a personwho is exonerated, the DNA profilederived from that sample shall bedestroyed and expunged from theForensic DNA Databank, after theexpiration of twenty years from thedate of exoneration.

(12) Notwithstanding thedestruction of a sample undersection 25, where a DNA profile isretained from the period of the


destruction of the sample to thetwenty-year period at subsection (11),the profile is deemed to be the profilerelated to the sample destroyed andthe profile may be used as evidence inany matter involving the person towhom the profile relates.”;

(p) in section 29—(i) by inserting after subsection (1),

the following subsection:“ (1A) A Forensic DNAAnalyst may disclose findingscontained in certificates ofanalysis only when requiredto do so pursuant to—

(a) an Order of theCourt;

(b) this Act; or(c) any other written

law.”;(ii) in subsection (2), by deleting

the words “subsection (1)” andsubstituting the words“subsections (1) and (1A)”;

(q) in the Second Schedule—(i) in Form 1, by deleting all the

words after the words “is beingtaken” in item 4 and substitutingthe following:“ 5. The DNA sample voluntarily givenwill be analysed to create a DNA profileand such DNA profile may be checkedagainst other DNA profiles in theForensic DNA Databank.


I have read and understand thecautions given above.

Signed…………........ Date…………Volunteer/Representative

Signed…………........ Date…………Witness.”;

(ii) by inserting after Form 1, thefollowing form:

“FORM 1A(Sections 13 and 14)


FORM OF WITNESS PRESENT AT THE TAKING OF A SAMPLEUNDER THE ADMINISTRATION OF JUSTICE(DEOXYRIBONUCLEIC ACID) ACT, 2012

I, ………………………………………………………………………..……(Name of witness in block letters)

certify that I was present on ……….. day of ……………, 20…………………

together with,………………………………………………………………………..(Name of person taking sample in block letters)

and ………………………………………………………………………………….(Name of person from whom sample taken in block letters)

at……………………………………………………………………………………….(Place at which sample taken)

and did see the said ………………………………………………………………..(Name of person taking sample in block letters)

take a sample from …………………………………………………………………(Name of person from whom sample taken in block letters)

………………………………………….. …….. . . . . . . . . . .…………………Name of witness to taking of sample Date”;


(iii) in Form 4—(A) in the title of the Form,

by deleting thewords “POLICEOFFICER/QUALIFIEDPERSON” andsubstituting the words“PERSON AND CHAINOF CUSTODY OFSAMPLE”;

(B) by deleting all the wordsafter the words “[Tickappropriate box]” andsubstituting thefollowing:

“[ ] Name (in block letters) andsignature, rank and service number of police officer takingsample:Dated: ………………….................[ ] Name (in block letters) andsignature, profession and place ofemployment of the qualifiedperson taking sample: Dated: …………............…………....

I certify that I received acontainer and the package holdingthe sample which was labelledand the package was intact andthe seal was unbroken:[ ] Name (in block letters) andsignature and profession of officerof the Trinidad and TobagoForensic Science Centre receivingsample…………………………….....………………………………………...Dated: ……………………................


[ ] Name (in block letters) andsignature, profession and place ofemployment of any other personhaving custody of the sample at any time..………………………...Dated:…………………..................”;

(iv) by inserting after Form 5, thefollowing form:

“FORM 6

(Section 20)


RECORD OF TAKING OF SAMPLE FROM A CHILD OR ANINCAPABLE PERSON BY A POLICE OFFICER ORQUALIFIED PERSON IN THE PRESENCE OF AREPRESENTATIVE

INFORMATION OF PERSON FROM WHOM SAMPLE ISTAKEN:

Name: ……………………………………………………………………….

Address: …………………………………………………………………......

Date of birth: ……………………………………………………………....

Gender of the person: …………………………………………………….

Type of sample: Non-intimate/Intimate [tick as appropriate]

Person from whom sample is taken [tick as appropriate]—

[ ] a child

[ ] an incapable person


Date taken: …………………………………………………………………

In the presence of: ………………………………………………………....[Name in block letters and signature ofrepresentative of child or incapable person andrelationship to child or incapable person]

INFORMATION TO BE COMPLETED BY PERSON TAKINGSAMPLE:

I certify that both the container and the package holding thesample are labelled and sealed:

………………………………………………………………………………...

The information on the label affixed to the container and the labelaffixed to the package:…………………………………………………………………………………………………………………………………………………………………...…………………………………………………………………………….......

The nature of the sample: …………………………………………….....

[Tick appropriate box] [ ] Name (in block letters) and signature, rank and servicenumber of police officer taking sample: …………………………………………………………………………………Dated: ……………………………………………………………………...

[ ] Name (in block letters) and signature, profession and place ofemployment of the qualified person taking sample: …………………………………………………………………………………

Dated: ……………………………………………………………………...

I certify that I received a container and the package holding thesample which was labelled and the package was intact and the sealwas unbroken:

[ ] Name (in block letters) and signature, profession of officer ofthe Trinidad and Tobago Forensic Science Centre receiving sample:

…………………………………………………………………………………

…………………………………………………………………………………

Dated: …………………………………………………………..”; and


(r) in the Third Schedule—(i) in item 1, by—

(A) deleting the word “or” atthe end of paragraph (f);

(B) inserting after paragraph(f), the following para-graph:

“(g) an ImmigrationOfficer of theI m m i g r a t i o nDivision; or”;and

(C) renumbering paragraph(g) as paragraph (h); and

(ii) in item 2, by inserting after theword “Centre” the words “andwho is engaged in the collectionor the receipt of samples or theconduct of forensic DNAanalysis”;

(s) by inserting after the Third Schedule, thefollowing Schedule:

“FOURTH SCHEDULE(Section 15)

A non-intimate sample shall be taken by a qualified person, froma person specified in the Third Schedule, on the authority of thefollowing persons in accordance with section 15(2) of theAdministration of Justice (Deoxyribonucleic Acid) Act:

(a) the Commissioner of Police, in respect of the—(i) police service;

(ii) special reserve police; and(iii) supplemental police;

(b) the Chief Fire Officer, in respect of the FireService;

(c) the Commissioner of Prisons, in respect of thePrison Service;

(d) the Chief Officer, in respect of the Municipal PoliceService;


FOURTH SCHEDULE—Continued(e) the Chief of Defence Staff, in respect of the Defence

Force;(f) the Comptroller of Customs, in respect of the

Customs and Excise Division; (g) the Chief Immigration Officer, in respect of the

Immigration Division; and(h) the employer, in respect of a private security

officer.”.

PART IIJURY

4. The Jury Act is amended—(a) in section 2—

(i) in the definition of “alternatejuror”, by deleting the word“criminal”;

(ii) by inserting after the definition of“Reviser”, the following definition:

“ “special juror” means ajuror selected under section29;”; and

(iii) by deleting the definition of“trial”;

(b) by repealing section 4 and substituting thefollowing section:

4. Every person shall bequalified to be a juror who—

(a) is over the age ofeighteen years andunder the age ofseventy years;

(b) is ordinarily residentin Trinidad andTobago;

(c) was born in Trinidadand Tobago or, notbeing so born, hasresided in Trinidadand Tobago for twoyears or more; and

Chap. 6:53 amended

“Qualificationsas a juror


(d) is able to read andwrite the English language and under-stand the same whenspoken.”;

(c) in section 6, by deleting the words“sixty-five” wherever they occur andsubstituting in each place theword “seventy”;

(d) in section 7, by deleting from the words“The spouses” to the words “constables.”;

(e) by inserting after section 7, the followingsection:

7A. A person qualified to be ajuror shall be entitled, if he sowishes, to be excused from juryservice if he is—

(a) more than sixty-fiveyears of age; or

(b) the spouse of—(i) a Judge of the

S u p r e m eCourt;

(ii) a Magistrateor his Clerk;

(iii) a Justice ofthe Peace; or

(iv) an Attorney-at-law or hisclerk.”;

(f) by repealing section 8 and substituting thefollowing section:

8. (1) A person referred to insection 3 is qualified to serve as aspecial juror where he is qualifiedor experienced in—

(a) finance;(b) banking;

“Excuse fromjury service

“Qualificationof specialjuror


(c) accounting or forensicaccounting;

(d) business; (e) economics; (f) management; (g) securities; or (h) investment.

(2) N o t w i t h s t a n d i n gsections 3 and 7, the followingpersons shall not be excepted fromthe list of special jurors:

(a) members of theMedical Board inactual practice;

(b) licensed Pharmacistsin actual practice assuch;

(c) school teachers;(d) employees of the

Trinidad and TobagoPostal Corporation orofficers of theCustoms and ExciseDivision; and

(e) Pilots who arelicensed under theprovisions of section 5of the Pilotage Act.”;

(g) in section 9, by deleting from the words“manner—” to the end and substitutingthe words “manner whether that person isqualified as a special juror in accordancewith section 8 and the nature of his quali-fications or experience, as the case maybe.”;

Chap. 51:02


(h) in section 11(1), by deleting the words“qualification referred to in section 9(a)”and substituting the words “qualificationsor experience referred to in section 9”;

(i) in section 12, by repealing subsection (2)and substituting the following subsections:

“ (2) The Reviser shall cause to bepublished that part of the listscontaining only the name and genderof each person who is qualified to serveas a juror.

(3) The Reviser shall cause copies ofthe lists referred to in subsection (2)—

(a) to be affixed in suchplaces as he maydirect in order to givepublicity to the list,together with a noticementioning the placeand time at whichobjections to the listwill be heard; and

(b) to be published in theGazette during themonth of April in theyear in which it wasprepared.”;

(j) in section 19(3), by deleting the word“criminal”;

(k) by repealing section 22;(l) in section 26(1)—

(i) by deleting the words “norallowed to separate or” and sub-stituting the words “or allowedto”; and

(ii) by deleting the words “before the


jury consider their verdict, permitthe jury to separate and go atlarge” and substituting the words“whether before or after the juryhave been directed to considertheir verdict, permit the jury toseparate”;

(m) in section 28—(i) in subsection (3), by deleting the

word “three” and substituting theword “four”; and

(ii) in subsection (5), by deleting thewords “or in the case of a civiltrial to such special day as theJudge thinks fit,”;

(n) by repealing section 29 and substitutingthe following section:

29. The High Court may in anycase triable by a jury, exceptindictments for any offencepunishable with death, andin particular in any caseconcerning—

(a) complex fraud;(b) offences under the

Proceeds of CrimeAct;

(c) financing ofterrorism; and

(d) offences underPart VII of theSecurities Act, 2012,

order a special jury to be struckbefore the Marshal and every juryso struck shall be the juryreturned for the trial.”;

“Specialjuries

Chap. 11:27


(o) in section 31, by deleting the words“qualification referred to in section 9(a)”and substituting the words “qualificationsor experience referred to in section 9”;

(p) by repealing section 32 and substitutingthe following section:

32. (1) Whenever the HighCourt orders a special jury to bestruck, the Marshal shall appointa time and place for thenomination of such special jury,and a copy of the order of theCourt and of the appointment bythe Marshal shall be served on theparties to the proceedings.

(2) At least ten days beforethe time and place appointed forthe striking of the special jury, theMarshal shall provide the partieswith the names of all personsnamed as special jurors in the listreferred to in section 31.

(3) At the time and placeappointed, the Marshal shall, inthe presence of the parties—

(a) draw from the namesreferred to insubsection (2) such anumber as to amountto quadruple thenumber of jurorsrequired for the trialunder sections 19 and21A; and

(b) strike off from the listreferred to in paragraph (a) suchname as may beobjected to by one orother of the parties

“ Empanellingof specialjuries


and replace suchname with a namefrom the list referredto in section 31, suchthat the requiredquadruple number ofnames is kept.

(4) If the full quadruplenumber of special jurors cannot beobtained from the list referred toin section 31, the Marshal shallfairly and indifferently take fromthe Jurors Book such number ofother names of jurors to make upthe full quadruple numberrequired under subsection (3) andthese named jurors will bedeemed special jurors for thepurposes of the particularproceedings.

(5) Upon drawing thenumber of special jurors requiredunder subsection (3), the Marshalshall strike off from this list ofspecial jurors such number ofnames until the number isreduced to double the numberrequired for the trial undersections 19 and 21A.

(6) If the appointment isattended by one party only, theMarshal shall, upon beingsatisfied that the absent party isaware of the appointment, act forsuch absent party in reducing thenumber of the special jurors asrequired in subsections (3), (4)and (5).

(7) No challenge shall beallowed in any case.


(8) The appointed specialjury shall be the panel of specialjurors for the trial of the case andmay try any number of causes.

(9) The Court may, if it sothinks fit, upon the application ofany person who has served uponone or more special juries at anysessions, discharge such personfrom serving upon any otherspecial jury during the samesessions.”;

(q) by repealing section 33 and substitutingthe following section:

33. The fees and expenses inrelation to a special jury shall beborne by the State.”;

(r) in section 42(2), by deleting from thewords “one thousand dollars” to the words“and imprisonment” and substituting thewords “fifty thousand dollars and toimprisonment for one year”;

(s) in the Schedule to the Act, by deletingForm A and substituting the followingForm:

“FORM A LIST OF JURORS

List returned by A.B. Registration Officer for the registration areaof ....................... of persons qualified to serve as jurors.

“Costs ofspecial jury

First name andSurname in full

Whetherqualified

as SpecialJuror

Gender

Caesar, Julius

Caesar, Julia

Cicero, Claudia

S.J.

S.J.

Male

Female

Female


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

Registration Officer for the Registration Area

of........................................................................................”; and(t) in the Schedule, in Form D—

(i) by deleting the word “Christian”and substituting the words “Firstname”; and

(ii) by deleting the words “section 4(1)(e)” and substitutingthe words “section 8(1).PART III

CRIMINAL OFFENCES

5. The Criminal Offences Act is amended by—(a) inserting after section 10, the following

section:11. (1) In this section—

“officer of the Court”means anAttorney-at-law, aperson employed at acourt, a Justice of thePeace, or a memberof the Trinidad andTobago PoliceService; and

“victim” means anyperson beingi n t i m i d a t e , dissuaded or influenced.

(2) A person who knows, orreasonably believes that anotherperson is assisting in theinvestigation of an offence or awitness or potential witness inany judicial proceeding, whethercivil or criminal, and usesthreats, force, bribery or any othermeans to—

“Obstructionof justice

Chap. 11:01amended


(a) intimidate or dissuade that otherperson from assistingin the investigationor giving evidence; or

(b) influence that otherperson to give falseevidence, withholdtrue evidence, notattend court as a witness, or not pro-duce any document,record or other objectin evidence,

commits an offence.(3) A person who knows, or

reasonably believes that anotherperson is a juror, or potential jurorin any proceeding and usesthreats, force, bribery or any othermeans to—

(a) intimidate or dissuade that otherperson from servingas a juror; or

(b) influence any decisionmade by that otherperson during thejudicial proceeding,

commits an offence.(4) A juror who

misconducts himself or yields toany improper influences inconnection with the performanceof his functions as a juror,commits an offence and is liableon conviction on indictment to afine of fifty thousand dollars andto imprisonment for five years.


(5) A person who knows orreasonably believes that anotherperson has—

(a) assisted in theinvestigation of anoffence;

(b) given evidence in anyjudicial proceeding,whether civil or criminal; or

(c) served as a juror andconcurred in aparticular verdict,

and does any act which injures, isintended to injure or causes thatother person to fear injurybecause of his role in relation toparagraph (a), (b) or (c), commitsan offence.

(6) Any person who usesthreats, force, bribery or anyother means to intimidate orinfluence—

(a) a judicial officer; or (b) an officer of the court,

acting in performance of his dutiesin relation to any civil or criminalproceeding, commits an offence.

(7) In this section, it isimmaterial that the threats, force,bribery or other conductperpetrated by a person is done—

(a) otherwise than in thepresence of thevictim; or


(b) to another personother than the victim.

(8) A person who commitsan offence under subsection (2),(3), (5) or (6) shall be liable onconviction on indictment to a fineof one hundred thousand dollarsand to imprisonment for twentyyears.”.

5A. Section 11 of the Kidnapping Act is repealed.

PART IVDANGEROUS DRUGS

6. The Dangerous Drugs Act is amended insection 5(7B), by deleting the words “twenty-fivethousand dollars and to imprisonment for five years”and substituting the words “fifty thousand dollars or,where there is evidence of the street value of thedangerous drug, three times the street value of thedangerous drug, whichever is greater, and toimprisonment for a term of ten years”.

PART VINDICTABLE OFFENCES (PRELIMINARY ENQUIRY)

7. The Indictable Offences (Preliminary Enquiry) Actis amended in section 16, by inserting aftersubsection (5), the following subsection:

“ (6) Section 39(1) shall apply to any evidencecontained in a certified transcript of a recordedelectronic audio recording, video recordingor Computer Aided Transcription undersection 16(3), of the evidence given in apreliminary enquiry as it applies to adeposition taken in such proceedings, but in itsapplication to any such deposition thatsubsection shall have effect as if paragraphs (b)and (c) thereof were omitted.”.

Chap. 11:25amended

Chap. 12:01amended

Chap. 11:26amended


PART VIYOUNG OFFENDERS DETENTION

8. The Young Offenders Detention Act is amended byrepealing section 7(3).

PART VIIPOLICE SERVICE

9. The Police Service Act is amended—(a) in section 3, by inserting in the

appropriate alphabetical sequence, the following definitions:

“ “accused” means a person who ischarged with an offence;

“detainee” means a person who hasbeen arrested by the police inconnection with a criminaloffence;

“exonerated” in relation to a personmeans—

(a) a person who has beenfound not guilty by a courtat trial in relation to aparticular offence;

(b) a person who was chargedwith an offence and hadhis charges dismissed inrelation to that particularoffence; or

(c) a person who has beenotherwise discharged fromcriminal liability in relation to a particularoffence; and

“National Fingerprint Database”means the database establishedunder section 50K(1);”.

Chap 13:05 amended

Chap. 15:01amended


(b) by repealing section 50 and substitutingthe following section:

50. (1) A police officer may takeand record for the purpose ofidentification the measurementand photograph of a person who isa detainee or an accused.

(2) Where the measurementor photograph taken undersubsection (1) is of a person whohas not previously been convictedof a criminal offence, and suchperson is discharged or acquittedby a Court, all records relating tothe measurement or photographshall be kept by theCommissioner.”;

(c) by inserting after section 50, the followingsections:

50A. (1) A police officer maytake and record for the purpose ofidentification the fingerprintimpression of a person withoutconsent—

(a) where the person is adetainee or an accused; or

(b) where—

(i) a fingerprintimpression isderived from acrime scene; and

(ii) there arer e a s o n a b l egrounds forsuspecting thatthe person was

“Power totakemeasurementor photograph

“Taking offingerprintimpression


involved in thecommission of anoffence related tothe crime sceneand believingthat fingerprintanalysis couldconfirm or disprove the suspicion.

(2) Where a fingerprintimpression is taken as providedunder subsection (1), thefingerprint impression shall beanalysed.

(3) The data derived fromthe analysis under subsection (2)shall be kept and theCommissioner shall cause thatdata to be transferred to theNational Fingerprint Database.

50B. (1) Where at any timeafter the taking of a fingerprintimpression under section 50A—

(a) it is determined that thequality of the fingerprintimpression is unsuitableor insufficient foranalysis;

(b) the fingerprintimpression is lost oraccidently destroyed; or

(c) the fingerprintimpression cannot beused for any otherreason,


Retaking offingerprintimpression

a police officer may retake thefingerprint impression withoutconsent.

(2) Notwithstanding thefact that the quality of afingerprint impression is notsuitable or sufficient, thefingerprint impression shall notbe destroyed and theCommissioner shall cause thatdata to be transferred to theNational Fingerprint Database.

50C. (1) At all ports of entryinto Trinidad and Tobago, a policeofficer or an immigration officerunder the Immigration Act shalltake and record for the purpose ofidentification the fingerprintimpression of—

(a) a citizen of Trinidad andTobago without theconsent of the citizen,where the citizen hasbeen deported from anyplace outside of Trinidadand Tobago; and

(b) any person enteringTrinidad and Tobago whois not a citizen ofTrinidad and Tobago.

(1A) N o t w i t h s t a n d i n gsubsection (1)(b), the Ministermay by Order, exempt any person,citizens of a particular country, orcategories of persons from beingfingerprinted.

(2) N o t w i t h s t a n d i n gsubsection (1)(b), the Ministermay by Regulations, makeprovisions in relation to thetaking, recording, storing,

Takingfingerprintimpression ofcertainpersons atport ofentriesChap. 18:01


retention and disposal of afingerprint impression, on theentry of a person who is not acitizen into Trinidad and Tobagoand such Regulations made underthis section shall be subject tonegative resolution of Parliament.

(3) Where fingerprintimpressions are taken under thissection, the fingerprintimpressions shall be analysed.

(4) The Commissionershall cause data derived from theanalysis of the fingerprintimpression under subsection (3) tobe transferred to the NationalFingerprint Database.

(5) A fingerprintimpression collected and analysedunder this section shall not bedestroyed but shall be retained bythe Commissioner.

(6) For the purpose of thissection, “citizen of Trinidad andTobago” and “port of entry” shallhave the meanings assigned tothem by the Immigration Act.

50D. (1) Where a police officeris required to serve a summons ona person to appear before a courtas a defendant in a criminal case,the police officer may also serve onthe person a Notice requiring thatperson to attend on such date andtime and at such place as specifiedin the Notice for the purpose ofgiving a fingerprint impression.

(2) Where a fingerprintimpression is taken under thissection, the fingerprintimpression shall be analysed.


Notice toattend forfingerprinting

(3) The Commissionershall cause the data derived fromthe analysis of the fingerprintimpression under subsection (2) tobe transferred to the NationalFingerprint Database.


50E. (1) Where a fingerprintimpression is to be taken undersection 50A from a child or anincapable person, the fingerprintimpression shall not be takenunless a representative of thechild or the incapable person ispresent when the fingerprintimpression is taken.

(2) Where a fingerprintimpression of a child or anincapable person is taken, thefingerprint impression shall beanalysed.

(3) The Commissionershall cause the data derived fromthe analysis of the fingerprintimpression under subsection (2) tobe forwarded to the NationalFingerprint Database.


Taking offingerprintimpressionfrom child orincapableperson


(5) The representative of achild or an incapable person underthis section shall, upon the childor incapable person giving hisfingerprint impression, sign theform set out as Form 1 in theSixth Schedule.

(6) For the purposes ofthis section—

“child” means a personunder the age ofeighteen years;

“incapable person” meansa person who, byreason of his physicalor mental conditionis unable to—

(a) i n d i c a t ewhether heconsents ordoes notconsent; or

(b) understand theimplications ofconsenting ornot consenting,

to the giving of hisfingerprint; and

“representative” inrelation to a child oran incapable personmeans—

(a) a parent orlegal guardian;

(b) any personover the age ofeighteen yearswho has the

SixthSchedule


c u s t o d y ,charge or careof the child ori n c a p a b l eperson;

(c) an Attorney-at-law;

(d) a qualifiedsocial worker;

(e) a representativeof theC h i l d r e n ’ sAuthority; or

(f) a personappointed bythe Court.

50F. A police officer taking ameasurement, photograph orfingerprint impression undersections 50A, 50B, 50C, 50D and50E may use reasonable forceto take and protect thatmeasurement, photograph orfingerprint impression.

50G. A person who refuses togive a measurement, photographor fingerprint impression undersection 50A, 50B, 50C or 50Dcommits an offence and is liableon summary conviction to a fine often thousand dollars and toimprisonment for two years.

50H. A person who resists orobstructs an officer in theexercise of his functions undersection 50, 50A, 50B, 50C, 50D or

Reasonableforce to takeand protectmeasure-ment,photograph,or fingerprintimpression

Refusing togivemeasurement,photographor fingerprintimpression


Resisting orobstructingpolice officerin theexercise of hisfunctions

50E commits an offence undersection 59 and is liable onsummary conviction to a fine often thousand dollars and toimprisonment for two years.

50I. (1) A police officer maytake the fingerprint impression ofany person who volunteers to givehis fingerprint impression duringan investigation for the purpose ofanalysis.

(2) Where a fingerprintimpression is taken as providedunder subsection (1), thefingerprint impression shall beanalysed.

(3) The data derived fromthe analysis under subsection (2)shall be kept and theCommissioner shall cause thatdata to be transferred to theNational Fingerprint Database.

(4) Where a personvolunteers to give his fingerprintimpression under subsection (1),he shall submit the form set out asForm 2 in the Sixth Schedule.

50J. (1) A fingerprintimpression taken undersection 50A, 50B, 50C, 50D, 50E or50I shall be kept for a minimumperiod of five years from the dateon which the data was enteredinto the National FingerprintDatabase and thereafter thefingerprint impression may bedestroyed.

Volunteeringto give afingerprintimpression


Retention offingerprintimpression

(2) N o t w i t h s t a n d i n gsubsection (1), a Court may orderthat a fingerprint impression thathas been taken under this Act,shall not be destroyed if the Courtis satisfied that the fingerprintimpression might reasonably berequired for the investigation orprosecution of an offence or forpurposes of an appeal.

50K. (1) There is herebyestablished a database ofanalysed fingerprint impressionscollected under this Act, to beknown as the “NationalFingerprint Database”.

(2) The Commissionershall have control and custody ofthe National FingerprintDatabase and shall, in accordancewith this Act, add to and removedata from the NationalFingerprint Database.

(3) Where a fingerprintimpression is taken from a personwho is exonerated, the data fromthe fingerprint impression shallbe destroyed and removed fromthe National FingerprintDatabase, after the expiration oftwenty years from the date ofexoneration.

(4) Notwithstanding thedestruction of a fingerprintimpression under section 50J,where data from a fingerprintimpression is retained from theperiod of the destruction of the

NationalFingerprintDatabase


fingerprint impression to thetwenty-year period atsubsection (3), the data from thefingerprint impression is deemedto be the data related to thefingerprint impression destroyedand the data may be used asevidence in any matter involvingthe person to whom the datarelates.

50L. (1) Where the CentralAuthority under the MutualAssistance in Criminal MattersAct is in receipt of a request forassistance from a country forwhich an Order undersection 40(1) of that Act has beenmade, and such assistance isrelevant to any data in theNational Fingerprint Database,the Central Authority shallforward the request to theCommissioner.

(2) Upon receipt of arequest under subsection (1), theCommissioner shall provide theCentral Authority with therelevant data.

(3) Where theCommissioner is of the view thatdata exists in a database similarto the National FingerprintDatabase in a country to which anOrder under section 40(1) of theMutual Assistance in CriminalMatters Act exists, in respect ofan investigation for an offencecommitted in Trinidad and

Mutual LegalAssistanceChap. 11:24


Tobago, the Commissioner mayrequest the Central Authorityrequest from that country therelevant data.”;

(d) in sections 51 and 52(3), by deleting thewords “national database created bywritten law” and substituting the words“National Fingerprint Database”;

(e) in section 72A, by deleting the words“national database created by written law”and substituting the words “NationalFingerprint Database”; and

(f) by inserting after the Fifth Schedule, thefollowing Schedule:


“ SIXTH SCHEDULE FORM 1

(Section 50E)


RECORD OF TAKING OF FINGERPRINT IMPRESSION FROMA CHILD OR AN INCAPABLE PERSON BY A POLICEOFFICER IN THE PRESENCE OF A REPRESENTATIVE

INFORMATION OF PERSON FROM WHOM FINGERPRINTIMPRESSION IS TAKEN:

Name: …………………………………………………………………….....

Address: ………………………………………………………………….....

Date of Birth: …………………………………………………………......

Gender of the Person: …………………………………………………..

Person from whom impression is taken [tick as appropriate]—

[ ] a child


Date taken: ……………………………………………………….

In the presence of :………………………………….............…………….(Name in block letters and signature of therepresentative of a child or an incapable person andthe relationship to the child or an incapable person)

Signed………...…...….............. Date……...…………….Representative

Signed………...…...…............. Date……...…………….Witness


FORM 2

(Section 50E)


VOLUNTEERING TO GIVE A FINGERPRINT IMPRESSION

Name: …………………………………………………………

Address: ………………………………………………………

Person from whom impression is taken [tick as appropriate]—

[ ] a child


[ ] an adult

1. You are not obliged to volunteer your fingerprint impression.

2. The representative of a child or an incapable person shall bepresent when the fingerprint impression is taken.

3. The fingerprint impression voluntarily given will be analysedand added to the National Fingerprint Database and may bechecked against other analysed fingerprint impressions in theNational Fingerprint Database.

I have read and understood the statements contained above andhereby volunteer to give a fingerprint impression.

Signed……………………....... Date…..…...…………….Volunteer

Signed………...…...…........... Date…….....…………….Representative

Signed………...…...…........... Date……...…………….”.Witness


PART VIIIIMMIGRATION

10. The Immigration Act is amended—(a) in section 4, by inserting after

subsection (2), the following subsection:

“ (3) Notwithstanding subsection (1),a citizen of Trinidad and Tobago whohas been deported shall, on arrival inTrinidad and Tobago, have hisfingerprint impression taken andrecorded for the purpose ofidentification.”; and

(b) by inserting after section 4, the followingsection:

4A. Any person not being acitizen of Trinidad and Tobagowho is permitted to enter Trinidadand Tobago shall, upon entering,have his fingerprint impressiontaken and recorded for thepurpose of identification.”.

PART IXCOMMENCEMENT

11. (1) Section 50C of the Police Service Act shall comeinto force on such date as the President may appoint byProclamation.

(2) Sections 4(3) and 4A of the Immigration Actshall come into force on such date as the President mayappoint by Proclamation.

Commencement ofsection 50C of Chap. 15:01 and sections 4(3) and 4Aof Chap. 18:01


“Taking offingerprintimpressionfrom a personwho is not acitizen

Chap. 18:01amended

Passed in the House of Representatives this 16th dayof June, 2014.

J. SAMPSON-MEIGUELClerk of the House

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed by the House of Representativesand at the final vote thereon in the House has beensupported by the votes of not less than three-fifths of allthe members of the House, that is to say, by the votesof 26 members of the House.


Passed in the Senate this 16th day of July, 2014.

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed by the Senate and at the finalvote thereon in the Senate has been supported by thevotes of not less than three-fifths of all the members ofthe Senate, that is to say, by the votes of 20 Senators.

N. ATIBA-DILCHANClerk of the Senate


The Senate amendments were agreed to by the Houseof Representatives on this 28th day of July, 2014.



PRINTED BY THE GOVERNMENT PRINTER, CARONIREPUBLIC OF TRINIDAD AND TOBAGO—2014

republic of trinidad and tobago act no. 11 of 2014 · chap. 11:01, the dangerous drugs act, chap....

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