Trinidad and Tobago

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Background

Trinidad and Tobago, officially known as the Republic of Trinidad and Tobago is the most southern country in the Caribbean, consisting of many small islands, its two biggest being Trinidad and Tobago. Its capital is Port-of-Spain and the country has a total population of 1.53 million as of 2022. Before being granted independence by the UK in 1962, it was ruled by the UK. Today, in 2023, the country is ruled by its prime ministers Keith Rowley and President Christine Kangaloo. The role of the president replaced that of the Head of State, formerly the late Queen Elizabeth II, following the conversion to a republic under the Constitution of 1976.

Trinidad and Tobago has a diverse demographic, with the largest proportion of religious individuals belonging to Christianity and Hinduism. It is also home to African and Indian cultures. A large proportion of its wealth is primarily industrial owing to large amount of natural gas and oil beneath its surface, contrary to many other Caribbean nations and territories which rely on tourism.

The Legal system

The law of Trinidad and Tobago is based on the common law of England and statutes of general application in force in England in 1848, subject to changes made by subsequent local legislation, which often follows the approach of English statutes, or those of other Commonwealth States, primarily Canada.

The judiciary follows a three-tier system, starting with the High Court, followed by the Court of Appeal, and the Judicial Committee of the Privy Council in the UK. Whilst not binding, the decisions of other Commonwealth countries are persuasive in local courts, where relevant. However, in 2005, the Caribbean Court of Justice heard its first case, in effect replacing the Judicial Committee of the Privy Council as the final appellate court of Trinidad and Tobago.

Legal Aid

In Trinidad and Tobago, the Legal Aid and Advisor Authority (LAAA) offers state-funded legal aid in civil and criminal courts, where it believes that it is reasonable for the individual to receive it. To qualify for legal aid, one must not be entitled to disposable capital exceeding $20,000 in value, or have disposable income exceeding $36,000 per year. Once the LAAA decides that an individual is entitled to legal aid, the individual must make a one-time payment of $50, which will cover all legal advice on a single matter for a period of three months.

Individuals can obtain pro bono legal aid from lawyers, and individuals are permitted to represent themselves, with the use of free resources such as law books in National Libraries.

According to the List of Lawyers in Trinidad and Tobago prepared by the British High Commission in Port of Spain, there are 25 lawyers as of 2015 available for legal aid in Trinidad and Tobago.

Source of Defendants Rights

Defendant’s rights are found in the Constitution of Trinidad and Tobago. Trinidad and Tobago has also ratified a number of international treaties to afford protection, including the following UN Human Rights Treaties: International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Convention on the Rights of the Child (CRC), International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and Convention on the Rights of Persons with Disabilities (CRPD).

Rights of the Accused

Under the Constitution of Trinidad and Tobago, every person has the right to life, liberty and security of person, and the right not to be deprived therefor except in accordance with the principles of fundamental justice. Every person has the right to be secure against unreasonable search or seizure. Upon arrest or detention, every person has the right to be informed promptly of the reasons for it, to retain and instruct a legal attorney without delay and to be informed of this right, and to have the validity of the detention determined by way of habeas corpus or otherwise and to be released if the detention is not lawful.

Any person charged with an offence has the following rights:

a) To be informed without delay of the specific offence

b) To be tried within a reasonable time

c) Not to be compelled to be a witness in proceedings against that person in respect of the offence

d) To be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal

e) Not to be denied reasonable bail without just cause. The Bail Act of Trinidad and Tobago, Chapter 4:60 s6(2) provides the court with the discretion to deny bail in certain circumstances by considering the factors set out in s6(3)

f) Except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment

g) Not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under the law of Trinidad and Tobago [nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed]

h) If finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried and punished for it again

Under the Constitution of Trinidad and Tobago, all individuals are equal before and under the law and have the right to the equal protection and equal benefit of the law without discrimination based on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, belief, culture, language or birth.

The Constitution also provides that no one shall be held in slavery or servitude, required to perform forced or compulsory labour or be subject to torture or to cruel or degrading, or disproportionately severe, treatment or punishment.

Arrested detainees are also entitled to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party to or as a witness, if he does not understand or speak English. Defendants are required to be given adequate time and facilities to prepare a defence.

Trinidad and Tobago has not ratified the Second Optional Protocol to the ICCPR aimed at abolishing the death penalty. Therefore, capital punishment is to be imposed on those convicted of murder. Although the Privy Council of the UK has ruled that such mandatory death penalty is unconstitutional, the penalty is protected by a ‘savings clause’ which states that ‘Nothing in sections 4 or 5 [Recognition and Protection of Fundamental Human Rights and Freedoms] shall invalidate the existing law’.

All those convicted have a right to appeal. Whilst a procedural appeal must be filed within seven days of the decision being made, a substantive appeal must be made within 42 days from the date when the decision or order was made. Appeals to the Court of Appeal are dealt with in part 64 of Civil Proceedings Rules.

Rights of Counsel

The Counsel are to be informed of any evidence against the accused and of the case against them. This includes being given any relevant facts. The client is entitled to expect that anything that is said to the lawyer will be kept in strict confidence and not told to anyone else without the client’s consent.

Means of Protecting and Enforcing Rights

In Trinidad and Tobago, rights are protected under the Constitution which guarantees fundamental human rights and freedoms. International treaties relating to human rights are incorporated into domestic law in order to make the content of such treaties enforceable in domestic courts. Various pieces of parliamentary legislation also incorporate the principles, concepts or measures of other treaties within their provisions. The Ministry of Attorney General has also established the International Law and Human Rights Unit which strives to fulfil and enforce the country’s human rights obligations.

Where a breach occurs, an individual can seek redress under s14 of the Constitution which permits the court to award remedies for breaches of the rights and freedoms set out in Chapter 1.

Pre-Trial Procedure

Police procedures

Complaint/information: To report a crime in Trinidad and Tobago, persons can call 999 where criminal threats are imminent or in motion, or where there is an emergency. Otherwise, individuals are required to submit a report online, and must do so also after calling 999. The police require the following information from any individual reporting a crime: email, phone number and other contact information, the incident start and end date, and the location of the incident.

Arrest, Search and Seizure Laws: In Trinidad and Tobago, an individual can be arrested with or without warrant, and both common law and statute offer the power of arrest to both private citizens and police. A citizen can make an arrest without warrant where he or she reasonably suspects that an individual is in the act of committing an arrestable offence, or where one has been committed, is reasonably suspected to be guilty of the offence. Police officers may arrest anyone, without warrant, whom he suspects is about to commit an arrestable offence or whom he suspects has committed such an offence. An officer can enter and search the premises where the suspect is located or any premises where the officer suspects the person to be.
Officers are entitled to stop and search a person and their vehicle without a warrant for firearms and ammunition. They are also able to stop and search a vehicle for dangerous drugs without a warrant where there is reasonable cause to suspect such drugs are being kept in the vehicle. The same applies to stores, shops, warehouses, gardens, yards, vessels and aircrafts.
When a person is arrested, the police have the power to search him or her without a warrant where they believe he may have a weapon which may be used to escape, or if they believe he has material evidence in his possession.
Police have the power to search private premises with a warrant for evidence of a summary offence. Police are permitted to enter a property without a warrant if they are effecting arrest or preventing commission of a crime.
Searches or entries will be unlawful where a warrant is required but not obtained, though such unlawful searches do not prevent evidence obtained being admissible as evidence against the accused.
The rights of an individual following arrest are set out above and governed by the Constitution of Trinidad and Tobago.
During the pre-trial detention, detainees may be held for up to 72 hours without charge or before appearing before a judge. They are to be informed of the reasons for their arrest and obtain legal advice. They will be held in a police cell and will have access to food and water and, if injured, medical care. Individuals are not permitted to make phone calls to family or friends but they are permitted to contact the British High Commission’s Consular Department, who can contact their family and friends on their behalf if consent is given.
The Police Complaints Authority is an independent body established by Parliament under the Police Complaints Authority Act 2006 which investigates criminal offences involving police officers, police corruption and serious police misconduct. Whilst they cannot institute proceedings against an officer or provide compensation or legal advice, they provide a mode of accountability for police procedures. It is for the state to settle the matter and award compensation where misconduct is found.

Lineups and other identification procedures: Identification parades, or ‘lineups’, are done in a police station or other buildings under the control of the police, in a room equipped with a one-way mirror so that the witness can view the suspects without himself being seen. The parade comprises of one suspect and at least 8 other members of the public who resemble the suspect, or, where there are 2 suspects, each suspect is to be placed on different identification parades. Members of the parade are to resemble the suspect as far as possible in terms of race, colour, age, height and general appearance. The suspect, or his representative, or a Justice of the Peace are given the opportunity to object to the arrangements of the lineup, and such objections are to be recorded. The identification officer shall then, where practicable take steps to remove the grounds for the objection, or, where not practicable, inform the complainant of why his objection cannot be resolved. The identification officer is to remain impassive throughout. The procedure is to be recorded, a copy of which is to be provided to the suspect or his representative within 7 days. This video is admissible in evidence. Before an identification procedure begins, the investigating officer shall record the first description of the suspect given by the witness. This description is to be given to the suspect or his representative. Prior to the commencement of the identification procedure, the investigating officer is permitted to use photographs, subject to certain guidelines to help assist the identification of the suspect. Identification procedures are not to be used unless a suspect is known and available, and there is an eye witness who claims to have seen the suspect, or one whom expresses an ability to identify the suspect, or has a reasonable chance of doing so, and the suspect does not admit to being the person that the witness claims to have seen. An identification procedure may also be used where the investigating officer considers it useful. It is not to be used where it is not practicable, the suspect is well-known to the witness, the witness provides an insufficient description or the identification procedure would otherwise serve no useful purpose. Identification procedures are to be conducted as soon as reasonably practicable in the interests of fairness. Identification procedures are subject to an order of priority, starting with an identification parade except where it is impracticable to do so.During the procedure, the suspect is to be informed of his right to representation and cautioned.

Interrogation: Interrogations of those suspected of or charged with an offence are to be recorded in writing and on video, where reasonably practicable to do so. Such persons are to be given a reasonable opportunity have their representative present before the interview is conducted. The interviewing officer is to state a number of proscribed pieces of information under s12(S) such as his number, rank and name. Other requirements such as the presence of notices regarding the interviewee’s right to advice and the interviewer and interviewee are to be seated are to be followed where practicable. After the interview, the interviewee is to be offered the opportunity to clarify / add to / correct anything that was said during the interview, and these are to be recorded. During the interview, where the individual makes an oral admission, an investigating officer is to caution the person and record the admission

Court Procedures

Pre-Trial: Pre-trial procedures in Trinidad and Tobago are governed Part III of the Indictable Offences (Pre-Trial Procedure) Bill, 2017. Once a charge has been brought against any person for an indictable offence, the police shall submit to the DPP the complaint, any witness statements, any documentary exhibits which may be produced in evidence by the prosecutor. The prosecutor has 3 months to present a copy of such information that he intends to produce in evidence at trial to the accused or his attorney at law. Within 3 months of receiving such information, the accused or his legal representative may serve on the DPP a statement of an evidence intended to be used at trial, statements of any witnesses, documentary exhibits, a list of other exhibits and notice of any alibi intended to be relied on in court. Further evidence can be served by either party to the other at any time before the trial.[

Trial: In Magistrate Court trials, the prosecutor will either be a police officer of a lawyer from the DPP. They are to tell the Magistrate the facts of the case and call evidence from witnesses. The accused’s legal representative can cross-examine the witnesses and, once the prosecution has finished giving their evidence, give their own evidence, or call any witnesses on their behalf. The accused is also to be cross-examined by the prosecutor. Once all the evidence has been heard, the Magistrate will determine whether the accused is guilty or not. Where found not guilty, the accused will be discharged, and where found guilty, the accused will be sentenced by the Magistrate, or the case will be adjourned for further information to be obtained and or a probation report before sentencing. When the trial is held in the High Court, the accused is to appear before a judge and the prosecution will be represented by a lawyer from the DPP or an independent lawyer instructed from the DPP. The case is to be heard before a judge and a jury of 12 people. The prosecutor is to address the jury, informing them of all the facts and calling evidence from witnesses. The legal representative of the accused can cross-examine the individuals as in the Magistrate’s court. Once the prosecution has finished calling evidence, the accused or his legal representative can give evidence [on his behalf] and call any witnesses. The individual, as above, is also to be cross-examined by the prosecutor. Once each side has given their evidence, the judge will sum up the case to the jury who will then decide a verdict. The outcome, whether the individual is found guilty or not guilty, is the same as above. There is often a much longer wait for a trial in the High Court compared to the Magistrate’s court

Sentencing: Sentences vary and depend on the severity of the crime. They are mainly fines and imprisonment. Where the individual cannot pay the fine, additional prison time may be given in lieu of payment. There is a possibility for early release for good behaviour and industry whilst in prison. Remission is the only system for early release. Pardon or clemency may only be given by the ‘Court Pleasure’, conducted by the prison service review every 4 years. The High court may request a confidential review of a prisoner’s file if there is a recommendation of such from the prison. The effect of a pardon or clemency is to end the prison sentence; the individual’s criminal record is not removed.

Appeals: Convictions and sentences can be appealed in the Magistrate’s Court and the High Court, though the process is often slow and can only be based on legal arguments. It is not the same as a re-trial. Appeals are heard in the Court of Appeal. To apply for an appeal, there is a deadline of 10 days in the criminal court system and 42 days in the civil court system, however an appeal may be granted out of these timeframes if new evidence is forthcoming or the court considers it just to do so. Appeals of decisions in the Court of Appeal are heard by the Judicial Committee of the Privy Council, based in England.
The right to appeal is also granted to prosecutors. If the individual is acquitted in the Magistrate’s court, the DPP can appeal after trial, but they cannot appeal if acquitted by a jury in the High court.
When an individual receives inadequate legal advice, he is entitled to appeal his case, though there is no certain outcome, as this depends on the specifics of the case. Below are some examples of the circumstances in which the Judicial Committee is likely to intervene in criminal appeals, though the degree to which such matters affect the verdict of the appeal is the ultimate deciding factor:

a) Where the individual has been denied a basic right such as the failure to observe rules of natural justice or a substantial procedural provision was not complied with
b) Where the trial judge has made an erroneous decision during the course of the trial such as failing to exclude inadmissible evidence, the exclusion of admissible evidence
c) Where the trial judge failed to leave defence issues to jury such as the defendant’s good character
d) Where the trial judge misdirects the jury on central issues
e) Where there were irregularities in relation to the jury
f) Where the local court is shown to have no jurisdiction to try the appellant, or where a local court makes an order which it has no jurisdiction to make
g) Where there is no [admissible] evidence to support the conviction
h) Where there are differences of opinion amongst local courts
i) Where a civil wrong has been treated as a crime

Where an appeal against conviction is successful, the Court of the Appeal has the power to quash a verdict and acquit the accused, or order a retrial. When determining whether to order a retrial, the Court of Appeal is to consider the seriousness of the offence, the expense and length of time for which the court and jury would be involved in a fresh hearing, whether it is in the interests of justice, the length of time between the offence and the new trial, and the strength of the case presented by the prosecution as the previous trial.
Where an appeal against sentence is successful, the Court of appeal has the power to quash the sentence given at trial and substitute it with another, whether more or less severe.
Where an appeal is unsuccessful, the court can dismiss the appeal[

Rights in Prison

Prisoners have a right to humane conditions of confinement. A breach may be found where there is overcrowding, poor sanitation or poor ventilation. Prisoners also have a right to receive medical treatment, as, by arresting and detaining an individual, the State takes responsibility for the individual’s health care to ensure their life and wellbeing. This encompasses the right to treatment for mental health conditions, which is given by the prison psychiatrist.

Immigrants in detention are protected from forcible return to a country in which there is a risk to their life or freedom on account of race, religion, nationality, membership to a particular social group or political opinion. Authorities cannot penalise an immigrant or refugee for arriving in the country without a visa or overstaying where the individual claims asylum, having left a country where their life or freedom may be in danger. A refugee has the right to receive information about their asylum application and rights and duties in a language that they understand. They also have the right to contact UNHCR in Trinidad and Tobago at any point during the process. They have the right to be free from discrimination and, when arrested, to legal representation in a language that they understand, to remain silent and to receive other communication in a language that they understand. They also have access to state-provided healthcare.

Generally, prisoners are afforded the same rights as other individuals, though the nature of detention entails some inherent restrictions on their rights, such as to their liberty and freedom of movement. Prisoners are permitted to vote in Trinidad and Tobago, though the process for doing so is slightly different from that of the general public.

Unfortunately, the rights of special populations, such as the mentally ill and juvenile prisoners are not afforded additional protection under the law of Trinidad and Tobago, which has been subject to much criticism for its failure to comply with international standards, for example in its application of the death penalty to young offenders.

Resources

- Trinidad and Tobago - Wikipedia

- Trinidad and Tobago Government, Legal System and Economy – Fitzwilliam, Stone, Furness-Smith & Morgan (fitzwilliamstone.com)

- ‘Getting Free Legal Help in Trinidad and Tobago, Neela Ramsundar

- https://www.ijrcenter.org/wp-content/uploads/2018/04/Trinidad-and-Tobago-Factsheet.pdf

- The Constitution of Trinidad and Tobago,

- Trinidad and Tobago - United States Department of State

- Offences Against the Person Act 1925

- Cf Reyes v the Queen [2002] 2 AC 235

- Civil Proceedings Rules

- Rule 64.5(b) CPR

- Legal Profession Act Chapter 90:30 23(2)

- HOW HUMAN RIGHTS ARE PROTECTED IN TRINIDAD & TOBAGO - Martin George & Company

- Albert v Lavin; s3 Criminal Law Act

- Firearms Act

- Dangerous Drugs Act

- Summary Courts Act

- An Act to amend the Evidence Act

- Indictable Offences (Pre-Trial Procedure) Bill, 2017

- Trinidad and Tobago: prisoner pack - GOV.UK (www.gov.uk)

- Supreme Court of Judicature Act of Trinidad and Tobago

- Chapter 15 Taylor on Appeals

- Appuhamy v The Queen [1963] A.C. 474

- Hemapala v R [1963] A.C. 859

- Kuruma v The Queen [1955] A.C. 197

- Lui Mei Lin v. The Queen (1989) 88 Cr.App.R. 296

- Karaolides v. The Queen [1956] Crim L.R. 488, PC

- Burrow v. The Queen [1998] A.C. 846

- Wong Pooh Yin v Public Prosecutor [1955] A.C. 93, PC

- E.g. Ras Behari Lal v. The King Emperor (1933) L.R. 60 Ind. App. 390 (member of the jury later found to have insufficient knowledge of English)

- Dinizulu v. Att.-Gen. of Zealand (1889) 61 L.T (N.S.) 740

- Kishan Singh v. The King (1928) L.R. 55 Ind. App. 390

- Akerele v. The King [1943] A.C. 255

- Nazir Ahmad v. The King [1936] W.N. 27

- Toronto Rly v. The King [1917] A.C. 630. PC

- Reid v R (1978) 27 WIR 254

-Trinidad and Tobago 2022 Human rights Report

- Lines, Rick, “The right to health of prisoners in international human rights law,” International Journal of Prisoner Health, March 2008