Summary of Courts Act.

LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt
SUMMARY COURTS ACT

CHAPTER 4:20
Act
9 of 1918
Amended by
2 of 1919 97/1963 8 of 1992
28 of 1921 19 of 1965 3 of 1994
62 of 1921 31 of 1971 18 of 1994
6 of 1923 53 of 1976
27 of 1994
32 of 1925 136/1976
22 of 1977 28 of 1996
22 of 1936
14 of 1939 45 of 1979 22 of 1997
21 of 1943 3 of 1980 37 of 1997
36 of 1947 47 of 1980 44 of 2000
24 of 1948 98/1981 59 of 2000
24 of 1951 29 of 1982
85 of 2000
20 of 1953 37 of 1985
*13 of 1986 6 of 2004
18 of 1957
27 of 1986 15 of 2005
175/1958
11 of 1961 11 of 1987 19 of 2005
172/1961 16 of 1989 †23 of 2005
8/1962 21 of 1990 4 of 2011 (by implication)
16 of 1962 38 of 1991 12 of 2012
*See Note on Validation on page 3

†See Note on page 3
Current Authorised Pages

Pages Authorised
(inclusive) by L.R.O.
1–16 ..
17–22 ..
23–38 ..
39–44 ..
45–66 ..
67–78 ..
79–82 ..
83–96 ..
97–152 ..
153–168 ..
169–177 ..
UNOFFICIAL VERSION L.R.O.
UPDATED TO 31ST DECEMBER 2016

2 Chap. 4:20 Summary Courts

Index of Subsidiary Legislation

Page
Magisterial Districts Order (Proc. 17 of 1926) … … … … 168

Summary Courts (Sittings) Order (LN 163/1995) … … … 170
Summary Courts (Costs on Appeal) Rules (GN 175/1958) … … 175
Summary Courts (Service of Summons) (Family Court) Order (LN 221/2005) 177
Note on section 133A or 134

(Review of Magistrates’ decision)
For an application to review the decision of a Magistrate under section 133A or 134 see Order 56A
of the Rules of the Supreme Court 1975 (LN 28/1985).
Note on Increase of Fines

The Law Revision (Miscellaneous Provisions) Act 1980 (47 of 1980) section 8 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.
Note on Transferred Provision

Section 44A of the Interpretation Act 1962 (Act No. 2 of 1962) has been transferred to this
Act and appears in this Edition as section 69(3).
Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act, Ch. 3:03 the
Commission amended certain references to public officers in this Chapter. The Minister’s
approval of the amendments was signified by LN 52/1980, but no marginal reference is made
to this Notice where any such amendment is made in the text.
UNOFFICIAL VERSION

Summary Courts Chap. 4:20 3

Note on Validation
A. Part VIII of the Act
All acts and things done or purported to be done or omitted to be done by any Validation and
person or authority under or in pursuance of the powers conferred by Part VIII indemnity.
[13 of 1986].
of the Act are deemed to have been lawfully and validly done or omitted to
be done and no action or other legal proceedings whether pending or not shall
lie against the State or any person in respect of or in consequence of such acts
or things.
(N.B. See Section 7 of Act No. 13 of 1986).
B. Section 130 of the Act

Every notice of appeal given by an appellant in custody under section 130 Validation.
[6 of 2004].
prior to 13th February 2004 and which was given outside of the time
prescribed in the said section 130 and is pending is declared to be as valid as
if it had been given in accordance with the said section 130.
(N.B. See Section 10 of Act No. 6 of 2004).
Note on Act No. 23 of 2005

See section 23F of the Indictable Offences (Preliminary Enquiry) Act, Ch. 12:01 with
respect to the non-application of section 55 and Part VI of this Act.


CHAPTER 4:20
SUMMARY COURTS ACT

ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
GENERAL PROVISIONS
MAGISTRATES
3. Magistrates appointment; ex officio Justices.

3A. Qualification of Magistrate.
3B. Appointment of Magistrates on contract.
JUSTICES OF THE PEACE
4. Oath of office.
CLERKS OF THE PEACE AND OTHER OFFICERS
5. Clerks and interpreters.
JURISDICTION AND DISTRICTS

6. Jurisdiction of Magistrates and Justices.
7. Magisterial districts.
8. Assignment of Magistrates to districts.
9. Places and times of hearing.
10. Offences committed within territorial waters.
11. Record of cases.
12. Record to be evidence.
13. Hearing of case where Magistrate or Justice interested.
13A. Transfer of proceedings.
FEES, PENALTIES, ACCOUNTS

14. Payment of fees.
15. Exemption from payment of fees.
16. Improper demand of fees.
17. Fees and penalties payable to Magistrate.
UNOFFICIAL VERSION


SECTION
18. Payment of money received by certain officers.

19. Neglect to pay fees, etc., recovered to Magistrate.
20. Accounts.
21. Payment of fees and penalties to Comptroller of Accounts.
FORMS
22. Forms.
RULES
23. Rules.
PART II
OFFENCES RELATING TO ADMINISTRATION OF
JUSTICE IN SUMMARY COURTS
24. Language.
Gestures.
Assault.
Interruption and obstruction.
Disobedience.
Resistance.
Abusive, etc., letters.
25. Procedure against offender.
26. Appeal.
27. Cause of committal to be stated.
28. Confirmed order to be enforced.
29. Protection of officers.
30. Compensation where order quashed.
31. Magistrate or Justice not liable to pay compensation.
32. Application of Part II.
PART III
INSTITUTION OF PROCEEDINGS
MAKING A COMPLAINT
33. Mode of instituting proceedings.
Limitation of period for making complaint.
34. Right of making complaint.


ARRANGEMENT OF SECTIONS—Continued
SECTION
35. Recovery of certain sums summarily as a civil debt.
36. Order for recovery of money.
37. Restriction on committal for civil debt.
38. Form of documents in criminal proceedings before Summary Court.
39. Form and requisites of complaint.
40. Rule as to statement of exception, etc.
SEARCH WARRANTS
41. When search warrant may be issued and proceedings thereunder.

Detention of articles seized.
Detention of forged bank note, etc.
Disposal of counterfeit coin.
Search for and disposal of gunpowder, or dangerous things.
ENFORCING APPEARANCE OF DEFENDANT
42. Issue of summons to defendant.

43. Service of summons on defendant, and proof thereof.
44. Hearing ex parte or issue of warrant on non-appearance of
defendant.
45. Issue of warrant for defendant in first instance.
ENFORCING ATTENDANCE OF WITNESSES
46. Issue of summons for witness.

47. Service of summons on witness.
48. Warrant for witness after summons.
49. Issue of warrant for witness in first instance.
50. Mode of dealing with witness arrested under warrant.
51. Penalty on witnesses refusing, etc., to attend.
52. Non-attendance of witness on adjourned hearing.
REFRACTORY WITNESSES
53. Witness refusing to be sworn, etc.
UNOFFICIAL VERSION


SECTION
PART IV
HEARING AND ORDER

HEARING OF COMPLAINT
54. Time and place of hearing.

Public to have access.
Public may be excluded.
55. Procedure where charge appears to be one proper for indictment.
56. Transfer of case where cause of complaint has arisen out of district
of Court.
57. Mode of conducting case.
58. Head of department may authorise officer in his department to
appear for him.
59. Non-appearance of complainant.
60. Non-appearance of defendant.
61. Non-appearance of both parties.
62. Appearance of both parties.
63. Manner of hearing.
Notes of evidence to be taken.
63A. Admissibility of written statements.
63B. Procedure.
63C. Proof by formal admission.
64. Cross-complaints.
Joinder of complaints.
65. Addresses.
ADJOURNMENT OF HEARING
66. Power of adjournment and proceedings thereon.

66A. Remand for medical examination.
MAKING OF ORDER
67. Giving of decision upon conclusion of hearing.

68. Power of awarding imprisonment in default of payment of penalty.
69. Power to inflict fine in lieu of imprisonment.
Term of imprisonment that may be imposed.
Where no penalty prescribed for summary offence.


SECTION
70. Payment and allocation of fines and fees.

71. Power of Court to permit conditional release of offenders.
72. Consecutive sentences.
73. Mode of dealing with forfeiture not pecuniary.
74. Offence charged—attempt proved.
Attempt charged—full offence proved.
75. Conviction for offence involved in offence charged.
76. Embezzlement, etc., charged—Larceny proved.
Larceny charged—Embezzlement, etc., proved.
Larceny charged—“Conveying” proved.
“Receiving” charged—Larceny or “conveying” proved.
“Conveying” charged—“Larceny or receiving” proved.
“Larceny” charged—“False pretences” proved and vice versa.
Conviction to be for one offence only.
COSTS AND COMPENSATION
77. Order as to costs and compensation.
PART V
ENFORCEMENT OF ORDER TO PAY MONEY

78. Power to impose peremptory imprisonment or to allow time for
payment of fines.
79. Allowance of further time and payment by instalments.
80. Provisions for enforcement of payment of fines, etc.
81. Provisions as to security taken for payment of fine, etc. Nature and
form of security.
Security book.
Method of recovering security.
Sum paid by surety to be a civil debt due to the principal.
Application of sum due under forfeited security.
Application of money deposit.
Liability of principal to be imprisoned.
Discharge of surety.
UNOFFICIAL VERSION


SECTION
WARRANT OF DISTRESS
82. Issue of distress warrant in certain cases.
83. Commitment or security until return made to distress warrant.
84. Imprisonment in default of distress.
85. General provisions with respect to distress warrants.
Payment of amount of distress warrant.
COMMITMENT OF DEFENDANT, ETC.
86. Power to commit defendant in certain cases.

87. Power to postpone issue of warrant of commitment.
88. Payment of penalty to Clerk of Court or at the prison.
89. Commencement of imprisonment.
90. Varying of or discharging order for sureties.
91. Right of person imprisoned in default to be released on paying
sum, etc.
92. Determination of liability of defendant on satisfaction of or
discharge from order.
SUMMARY ORDER
93. Summary order to do specific act.
PART VI
SUMMARY TRIAL OF INDICTABLE OFFENCES

94. Power to reduce charge from indictable to summary offence.
Power to remand person charged.
95. Director of Public Prosecutions may require case to be adjourned or
dealt with specially.
96. Magistrate to adjourn case on request of prosecutor.
97. General provisions as to dealing summarily with indictable
offences.
98. Issue of order of dismissal on summary trial of indictable offence.
99. Procedure for summary trial of child or young person charged with
an offence.


SECTION
100. Summary trial of complaint against adult for certain indictable
offences.
PART VII
MISCELLANEOUS PROVISIONS
OWNERSHIP OF PROPERTY
101. Mode of stating ownership of property of partners, etc.
102. Mode of stating ownership.
103. Mode of stating ownership of public property.
ARREST
104. Arrest of offender in certain cases.

105. Procedure where offender is taken into custody without warrant.
106. Form and requisites of warrant of arrest.
107. Warrant endorsed for bail.
108. Execution of warrant.
109. Handcuffing.
SEIZURE AND RESTITUTION OF PROPERTY
110. Seizure of property the proceeds of summary offence.

Seizure of things intended to be used in commission of offence.
111. Enforcement of order of seizure.
112. Return of property found upon person apprehended.
Money found on person apprehended.
113. Restitution of property on conviction.
KEEPING OF THE PEACE

114. Order to keep the peace—procedure thereon.
115. Power to bind parties to be of good behaviour.
SAVING OF VALIDITY OF PROCESS
116. Warrant of commitment.

Warrant of distress.
Death of Magistrate or Justice.
UNOFFICIAL VERSION


SECTION
117. Barring of objection to jurisdiction unless taken at hearing or when

order made.
118. Effect of variance or defect in proceedings.
PROOF OF PROCESS
119. Proof of service of summons or other process.

120. Proof of previous convictions.
RECOGNISANCES
121. Taking of recognisance.

122. Continuous recognisance.
123. Mode of enforcing recognisance.
Enforcement of recognisance to be of good behaviour.
124. Where recognisance forfeited.
REWARDS
125. Rewards.
REMISSIONS
126. Power of the President as to remission of penalties, etc., or as to

restoration of articles.
Effect of acquiescence in remission or restoration.
MEDICAL TESTIMONY
127. Evidence of medical witness.
PART VIII
APPEALS AND SPECIAL CASES

128. Right of appeal.
128A. Appellant in custody.
129. Right of appeal under former Act.
130. Notice of appeal to be given.
130A. Extension of time to appeal.


SECTION
130B. Reasons for decision to be stated.
131. Reasons for appeal.
132. Enumeration of admissible reasons for appeal.
133. Manner of setting forth reasons for appeal.
133A. Bail to be granted to appellant sentenced to less than three months.
134. Bail may be granted to appellant sentenced to three or more than
three months.
135. Procedure after notice of appeal given.
136. Where recognisance not entered into.
137. Copy of notice to be sent to respondent.
138. Abandonment of appeal.
HEARING AND JUDGMENT
139. Where appellant makes default in prosecuting appeal.

140. Where appellant fails to appear.
141. Where appellant appears.
142. Appeal limited to reasons given in notice.
143. Objections to form of reasons for appeal.
144. Objections to complaint, information, conviction, or Order.
145. Defects in proceedings under appeal.
146. Defects in notice of appeal or recognisance.
147. Power to the Court to take evidence.
148. Neglecting or refusing to appear when summoned.
149. Giving of judgment.
Powers of Court in giving judgment.
150. Enforcing of judgment.
COSTS
151. Frivolous and vexatious appeals.
152. General power of the Court as to costs.
153. Costs in abandonment or withdrawal of appeal.
UNOFFICIAL VERSION


SECTION
154. Payment of costs.
155. Enforcement of order for costs.
SPECIAL CASE
156. Statement of case.
PART IX
SUPPLEMENTARY
157. Rules.
158. Application to Court to compel Magistrate or Justice to act.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE.
SIXTH SCHEDULE.
SEVENTH SCHEDULE.


CHAPTER 4:20
SUMMARY COURTS ACT
1950 Ed. An Act relating to procedure in respect of offences punishable

on summary conviction.
Ch. 3. No. 4.
9 of 1918.
Commencement. [1ST JUNE 1918]

Short title. 1. This Act may be cited as the Summary Courts Act.
Interpretation. 2. In this Act—

“child” means any person who, in the opinion of the Court before
[19 of 1965
22 of 1997
whom he appears or is brought, is above seven and under
6 of 2004
12 of 2012].
fourteen years of age;
“Clerk” means Clerk of the Peace;
“complainant” includes the Director of Public Prosecutions, any
informant or prosecutor in any case relating to a summary
offence;
“complaint” includes any information or charge relating to a
summary offence;
“Court” or “Summary Court”, or “Court of summary
jurisdiction”, unless the same is expressly or by implication
qualified, means any Magistrate or Justice when sitting in
open Court to hear and determine any matters within his
power and jurisdiction, either under this Act or under any
other written law, and such Magistrate or Justice when so
sitting as aforesaid shall be and be deemed to be a “Court”
or “Summary Court” or “Court of summary jurisdiction”
within the meaning of this Act;
“defendant” means any person against whom a complaint is made;
“guardian”, in relation to a child, means the parent or other lawful
guardian of such child, and includes any person who, in the
opinion of the Court having cognisance of any case in which
such child is concerned, has for the time being the custody,
control, or charge of such child;
“Keeper” means the officer having the charge of any prison in
Trinidad and Tobago;
UNOFFICIAL VERSION


“Magistrate” includes a Magistrate appointed on contract under

section 3B;
“open Court” means any room or place in which any Court is
sitting to hear and determine any matters within its
jurisdiction and to which room or place the public may have
access so far as the same can conveniently contain them;
“order” includes any conviction in respect of a summary offence
or (other than in the definition of “summary offence”
contained in this section) judgment for a sum recoverable
summarily as a civil debt;
“penalty” includes any pecuniary fine, forfeiture, costs, or
compensation recoverable or payable under an order;
“prescribed” means prescribed by Rules of the Supreme Court or
by Rules made under the authority of this Act;
“recoverable summarily as a civil debt” means that such a sum of
money claimed to be due as is referred to in section 35(1), is
recoverable on complaint to a Court of summary jurisdiction
in accordance with this Act;
“sum enforceable as a civil debt” means—
(a) any sum recoverable summarily as a civil debt
that is adjudged to be paid by the order of a
Court of summary jurisdiction;
(b) any other sum expressed by this Act or any other
written law to be so enforceable;
“summary offence” or “summary conviction offence” means any
offence punishable on summary trial and conviction in the
manner provided by this Act, and includes any Act in respect
of which under any law a person is liable on summary
conviction to a penalty, or in respect of which a summary
Court can make an order in the exercise of its jurisdiction;
and the term “on conviction” in relation to a summary
offence, means on summary trial and conviction in the
manner provided by this Act;
“young person” means any person who in the opinion of the Court
before whom he appears or is brought is fourteen years of
age or upwards and under the age of eighteen years.


PART I
GENERAL PROVISIONS
MAGISTRATES
Magistrates 3. (1) There shall be such number of Magistrates in the
public service as may be required for the purposes of this Act.
appointment;
ex officio
Justices.
[22 of 1977 (2) Every Magistrate shall be ex officio a Justice of the
Peace for Trinidad and Tobago.
45 of 1979].
Qualification of 3A. No person shall be appointed a Magistrate unless he has

been admitted to practise as an Attorney-at-law in Trinidad and
Magistrate.
[3 of 1980
37 of 1997].
Tobago and has practised as such for a period of not less than
five years save that for the purpose of satisfying the latter
requirement practice as an Attorney-at-law or as a barrister or
solicitor and service as a judicial or legal officer in a
Commonwealth country, shall be deemed to be practice as an
Attorney-at-law in Trinidad and Tobago.
Appointment of 3B. The Judicial and Legal Service Commission may, on the
recommendation of the Chief Justice, appoint Magistrates to hold
Magistrates on
contract.
[22 of 1997].
office on contract.
JUSTICES OF THE PEACE

Oath of office. 4. (1) The President may, by warrant under his hand,
appoint any person named in such warrant to be a Justice of the
Peace for the whole of Trinidad and Tobago or for such district or
portion thereof as shall be expedient.
(2) Any person so appointed may be removed from the
office of Justice of the Peace by a like warrant.
(3) A Justice of the Peace shall be so removed on being
adjudicated a bankrupt.
*(4) Every Justice of the Peace as soon as may be after
his acceptance of office shall take the oath set out in the
Seventh Seventh Schedule.
Schedule.
*This provision has been transferred from the Oaths Ordinance, Ch. 7. No. 11 1950 Edition (now
Chapter 7:01 of the 2006 Revised Edition).
UNOFFICIAL VERSION


CLERKS OF THE PEACE AND OTHER OFFICERS
5. (1) There shall be in the public service such number of Clerks and
Clerks of the Peace as may be required for the purposes of this Act.
interpreters.
[45 of 1979].
(2) Every Clerk of the Peace shall act for such district
and shall attend at such place and time as may be required.
(3) A Clerk of the Peace shall, if competent in the
opinion of the Magistrate, act as interpreter but nothing in this
Act shall prevent the appointment of interpreters to be attached to
the Courts of the various districts.
(4) In any particular case the Magistrate may appoint a
fit and proper person to act as interpreter if the services of any of
the officers mentioned in subsection (3) cannot be made available.
JURISDICTION AND DISTRICTS
6. (1) Every Magistrate and Justice shall have and exercise Jurisdiction of
all such powers, privileges, rights, and jurisdiction as are
Magistrates and
Justices.
conferred upon each of them respectively under this Act or of any [16 of 1962
45 of 1979].
other written law, and also, subject to this Act and any other
written law, all such powers, privileges, rights, and jurisdiction as
are conferred on Justices of the Peace by Common Law.
(2) Every Magistrate shall have and exercise full power
and jurisdiction in respect of all summary offences and all
matters relating thereto or in respect of which a Summary Court
can make an order in the exercise of its jurisdiction.
(3) Justices shall have and exercise concurrent
jurisdiction with the Magistrates to issue summonses, warrants,
and other process of Court, to grant bail fixing the amount
thereof, to take recognisances, and to bind over parties and
witnesses, and to administer oaths.
(4) No Justice shall exercise any jurisdiction in Court for
the purpose of hearing and determining any complaint charging an
offence within his power to determine, except upon the written
Order of the Chief Justice and, subject as aforesaid, the Justice,
when hearing and determining any such complaint, shall have the
powers, privileges, rights, and jurisdiction of a Magistrate.


Magisterial 7. The President may by Order divide Trinidad and Tobago

into magisterial districts and require that one or more Courts be
districts.
[45 of 1979].
held in each such district.
Assignment of 8. (1) The Chief Justice may assign one or more Magistrates
to a district or may assign a Magistrate to more than one district.
Magistrates to
districts.
[45 of 1979].
(2) Where more than one Magistrate is assigned to a
district, each such Magistrate shall exercise concurrent
jurisdiction in that district with the other or others so assigned.
(3) Every Magistrate wherever assigned shall have
jurisdiction throughout Trinidad and Tobago.
Places and times 9. The Chief Justice may by Order appoint places and times
for the attendance of Magistrates for the hearing of all cases
of hearing.
[45 of 1979
47 of 1980].
which they are competent to hear and determine, but a Magistrate
may, in his discretion adjourn a Court to any hour or day that he
considers convenient and, subject to any special or general
directions the Chief Justice may issue from time to time, may
hold sittings at times and places other than those appointed by
Order of the Chief Justice under this section where satisfied that
it is in the interest of justice to do so.
Offences 10. Where any summary offence is committed in or upon any

vessel within any of the waters of Trinidad and Tobago, the
committed
within territorial
waters.
offence may be dealt with and determined either by the
Magistrate of the district within which the vessel shall then be, or
of the district within which the vessel shall first arrive after the
commission of the offence.
Record of cases. 11. Every Magistrate and Justice shall keep or cause to be
kept a record of all complaints brought in his district,
distinguishing the nature thereof, and the mode in which, and the
name or names of the Magistrate or Justice by whom, the
complaint shall have been disposed of.
Record to be 12. Such record when signed by the Magistrate or Justice
shall be conclusive evidence of the several matters and things
evidence.
therein contained.
UNOFFICIAL VERSION


13. Where a Magistrate or Justice is a party to a case or is Hearing of case

unable, from personal interest or for any other sufficient reason, where
Magistrate or
to adjudicate in any case, the Chief Justice may designate another Justice
Magistrate or Justice to hear and determine such case, or may

interested.
direct that it be heard in the Court of an adjoining district.
13A. For the purposes of the Dangerous Drugs Act, Transfer of

notwithstanding any enactment to the contrary, the Director of proceedings.
[27 of 1994].
Public Prosecutions whenever he considers that having regard to Ch. 11:25.
all the circumstances it is desirable to do so in the interest of
securing the more expeditious hearing and determination of
cases, may, in any case, transfer proceedings from a Summary
Court to any other Summary Court
FEES, PENALTIES, ACCOUNTS
14. (1) In every proceeding had before any Magistrate or Payment of fees.
Justice, except such as are hereinafter specified, the fees set out
in the First Schedule or such fees as may be prescribed under First Schedule.
section 23, shall be allowed and taken.
(2) In some conspicuous part of every Magistrate’s Court
and Police Station, there shall be affixed a table of such fees.
(3) Any Magistrate or Justice shall have power, in any
proceeding in which good cause appears to him for so doing, to
suspend payment of any fees payable therein until the conclusion
of such proceeding, and he may then direct such fees to be paid
as costs by any party to the proceeding by whom he has power to
order costs to be paid.
15. (1) No such fees as are mentioned in section 14 shall be Exemption from
taken from any constable acting as such or from any other officer payment of fees.
[21 of 1990
in the public service or from any member of a Municipal Police 8 of 1992].
Service or other officer of a Statutory Authority within the meaning

of the Statutory Authorities Act acting in his official capacity. Ch. 24:01.
(2) No fees shall be taken in respect of summonses to

defendants.
(3) Any Clerk charging, claiming or taking any such fee
in contravention of this section is liable on summary conviction
to a fine of one thousand dollars.


Improper 16. Any Magistrate, Justice, or Clerk who, directly or

indirectly, asks for or receives upon any pretence whatever any
demand of fees.
fee, reward, gratuity, or recompense beyond the fees specified in

First Schedule. the First Schedule, or such fees as may from time to time be
prescribed, for any act done or to be done by him in the execution
of his office or in anywise relating to any complaint, matter, or
proceeding before any Magistrate or Justice, is liable on
summary conviction to a fine of two thousand dollars.
Fees and 17. All fees received, and all penalties recovered before any
Magistrate or Justice, and payable for the use of the State shall be
penalties
payable to
Magistrate.
paid to the Magistrate of the district.
Payment of 18. (1) Any Clerk, Keeper, or constable who receives any
money under this Act shall pay the same forthwith to the
money received
by certain
officers.
Magistrate of the district in which the complaint was made.
(2) All sums so received by the Magistrate shall
forthwith be paid by him to the party to whom they are to be paid
according to the directions of the law or Act on which the
complaint was framed or, if such law or Act contains no
directions for payment thereof, into the Consolidated Fund; and
in case such sums are not paid to the Magistrate by the person
aforesaid, the Magistrate may proceed for the recovery of these
sums in manner provided in this Act.
Neglect to pay
fees, etc.,
19. (1) Any Justice, Clerk, constable, or other person
recovered to having received any such fee, or having levied or recovered any
penalty, who neglects to pay the same forthwith to the
Magistrate.
Magistrate of the district, is liable on summary conviction to a

fine of one thousand dollars.
(2) In addition to the penalties for such offence, the
money so received may be sued for by the Magistrate in the High
Court; and the plaintiff in such action, if successful, shall be
entitled to his costs as between Attorney-at-law and client,
although the sum recovered be within the jurisdiction of an
inferior Court of civil jurisdiction.
UNOFFICIAL VERSION


20. Every Magistrate shall keep a true account of all moneys, Accounts.
fees, and penalties taken, recovered, levied, or received by him;
Third Schedule.
Form 51.
and shall, at such times during the year as the Minister may
appoint, transmit to the Comptroller of Accounts a transcript of
such account.
21. Every Magistrate shall, at such times as the Minister may Payment of fees
direct, pay the amount of all such fees and penalties to the
and penalties to
Comptroller of
Comptroller of Accounts, and if he neglects to do so he shall be liable Accounts.
on summary conviction to a fine of two thousand dollars. Where he

has fraudulently misappropriated such moneys he shall be deemed to
have embezzled the same and may be indicted accordingly.
FORMS
22. (1) The forms contained in the Schedules may, with such Forms.
variations and additions as the circumstances of the particular case
[19 of 1965].
may require, be used in the cases to which they respectively apply,

and when so used shall be good and sufficient in law.
(2) Where a sum is recoverable summarily as civil debt
or is a sum enforceable as a civil debt, the Forms given in the Fifth Fifth Schedule.
Schedule may be used in the cases to which they respectively
apply, and when so used shall be good and sufficient in law.
(3) Nothing in this section shall affect the use and
validity of any special forms of process in respect of summary
offences which may be given by any Act relating to such offences.
RULES
23. The Rules Committee established by the Supreme Court Rules.

of Judicature Act may, subject to negative resolution of
Ch. 4:01.
Parliament, makes Rules as to—

(a) fees to be paid under this Act;
(b) accounts to be rendered of moneys received by
any person under this Act;
(c) the method of issue of process under this Act,
and the manner of receipt of, and accounting for,
fees in respect of such process;


(d) the duties of the officers attached to Summary

Courts;
(e) prescribing the forms of application,
complaints, notices, particulars, summonses,
warrants and other process necessary for the
purposes of Summary Courts, and any matters
relating to the foregoing; and
(f) generally regulating the practice and procedure
of Summary Courts and otherwise giving effect
to this Act.
PART II
OFFENCES RELATING TO ADMINISTRATION OF

JUSTICE IN SUMMARY COURTS
Language. 24. The following shall be offences under this Act and shall
be dealt with as hereinafter provided:
(a) indecent, violent, insulting, abusive, or
threatening language used in Court or addressed
to any Magistrate or Justice in Court, or in going
to or returning from the Court, or used against
any party to any matter in the course of hearing,
or to any witness or other person then lawfully
being in the Courtroom or within the precincts
of the Court;
Gestures. (b) violent, indecent, or unbecoming gestures or
conduct in Court while the Court is actually sitting;
Assault. (c) any assault or battery committed on a
Magistrate or Justice in Court, or in going to or
returning from the Court, or on any officer or
servant of the Court, or on any party to any
matter or witness or other person in Court;
Interruption and (d) wilfully interrupting or obstructing any
proceedings of the Court, or any other
obstruction.
misbehaviour in Court;
Disobedience. (e) actual and express disobedience in Court to any
direction, ruling, or order of the Magistrate or
Justice made in the course of the hearing;
UNOFFICIAL VERSION


(f) any resistance to or obstruction of any officer or Resistance.

servant of the Court in the discharge of his duty,
whether in the service of any process of the
Court, or in obedience to or in the execution of
any warrant or command of the Magistrate or
Justice in Court;
(g) the writing or uttering to the Magistrate or Abusive, etc.,
Justice, whether in Court or otherwise, of any letters.
abusive, indecent, or threatening letter or

language, or sending to such Magistrate or
Justice any threatening message relating to any
pending matter or information or of any letter
calculated or intended to prejudice the mind of
the Magistrate or Justice in relation to any
information or matter then pending, or in relation
to any person about to give evidence before him
in any such information or matter.
25. (1) If, in the opinion of the Magistrate or Justice, any Procedure
offence mentioned in section 24 is committed by any person, a
against offender.
constable may, on the verbal order of the Magistrate or Justice if

the person is present in Court, or on the warrant of the Magistrate
or Justice if the person is not present in Court, take the person
into custody, and thereupon the Magistrate or Justice may, if he
thinks fit—
(a) admonish and discharge him; or
(b) order him to be removed from the Court; or
(c) order him to pay a fine of two hundred dollars; or
(d) without the imposition of any fine, by warrant
under his hand commit him to prison without
hard labour for fourteen days.
(2) If any fine imposed under this section is not paid by
the offender within such time as the Magistrate or Justice may
order, the Magistrate or Justice may, on such default by warrant,
commit the offender to prison for fourteen days.
(3) If any such offender is a practitioner before the
Court, the Magistrate or Justice shall report the matter in writing
to the Chief Justice.


(4) Nothing in this section shall be construed to be in

derogation of the provisions of any other Act prescribing penalties
for any assault or battery committed on any Magistrate or Justice,
so that no person shall be twice punished for the same offence.
Appeal. 26. (1) If any person ordered by any Magistrate or Justice to

pay a fine or to be imprisoned under the authority of section 25 is
[18 of 1994].
dissatisfied with such order, such person may, at the time of such
order, give notice in writing to the Magistrate or Justice (hereinafter
referred to as the “convicting Magistrate or Justice”) of his intention
to appeal to the Court of Appeal against such order.
(2) The giving of such notice signed by the appellant or
his Attorney-at-law shall not operate as a stay of such order
unless the appellant, within two days after the giving thereof,
enters before a Magistrate or Justice into a recognisance with one
surety in the sum of one thousand dollars acknowledged before a
Magistrate or Justice and conditioned that the appellant do
personally appear, and do not depart the Court without leave and
abide by the judgment of the Court of Appeal thereupon, and pay
such costs as may be awarded by such Court.
(3) Upon such notice being given and such recognisance
being entered into, the Magistrate or Justice before whom such
recognisance is entered into shall release the appellant if in
custody, and thereupon the appeal shall be proceeded with in the
manner provided in this Act.
Cause of 27. (1) The convicting Magistrate or Justice shall, within

committal to be
stated. seven days after the making of the recognisance, sign and
transmit to the Registrar of the Supreme Court a full statement of
the case specifying fully the causes of such conviction.
(2) The Court of Appeal shall consider the statement by
the Magistrate or Justice of the causes of conviction, and also
such grounds of appeal as may be set forth by the appellant.
Confirmed order 28. If the Court of Appeal confirms the order of the convicting
Magistrate or Justice, any Magistrate or Justice may, on receipt of
to be enforced.
a certificate of such confirmation, proceed to enforce such order as

if there had been no appeal against the same.
UNOFFICIAL VERSION


29. No action shall be brought against any Magistrate or Justice Protection of

for any act or order done or made by him acting under the authority
officers.
of section 25, or against any officer or servant of the Court or

against any constable for any act done by him or them in obedience
to the command of any Magistrate or Justice acting thereunder.
30. If, upon any appeal from an order under section 25, the Compensation
order of any Magistrate or Justice is quashed by the Court of where order
quashed.
Appeal, and the person alleged to have offended has been
actually in custody, the Court of Appeal may in its discretion
award to the appellant such sum of money by way of
compensation and satisfaction in respect of the committal by
such Magistrate or Justice as to the Court of Appeal may seem
reasonable and proper, and such award shall be a bar to any civil
proceedings whatever in respect of such order.
31. The Magistrate or Justice whose order is quashed shall Magistrate or

not, unless the Minister otherwise orders, be made personally
Justice not
liable to pay
liable to pay any compensation or costs which the Court of compensation.
Appeal may award to the appellant, but the same shall be paid to
the appellant out of moneys provided by Parliament.
32. This Part of this Act shall apply to the Courts held by Application of
Coroners in Trinidad and Tobago, and to a Magistrate sitting to
Part II.
take depositions on the hearing of a charge of any indictable

offence, and to a Magistrate or Justice exercising jurisdiction in
respect of any civil matter lawfully before him, and to any Judge
of a Petty Civil Court in Trinidad and Tobago.
PART III
MAKING A COMPLAINT
33. (1) Every proceeding in the Court for the obtaining of an Mode of
order against any person in respect of a summary offence or for
instituting
proceedings.
the recovery of a sum by this Act or by any other written law Third Schedule.
Form 1.
recoverable summarily as a civil debt shall be instituted by a Form 2.
complaint made before a Magistrate or Justice.

[19 of 1965].


Limitation of (2) In every case where no time is specially limited for

making a complaint for a summary offence in the Act relating to
period for
making
complaint. such offence, the complaint shall be made within six months from
the time when the matter of the complaint arose, and not after.
Right of making 34. (1) Any person may make a complaint against a person
committing a summary offence, unless it appears from the written
complaint.
[24 of 1951].
law on which the complaint is founded that a complaint for such
offence shall be made only by a particular person or class of persons.
(2) Notwithstanding anything to the contrary contained
in any Act, a constable may make a complaint in a case of assault
or battery, even though the party aggrieved declines or refuses to
make a complaint.
(3) (a) Any police officer may lay an information or
make a complaint in the name of the Commissioner of Police and
appear and conduct the proceedings on his behalf. Every such
information or complaint shall be signed by the police officer
laying or making the same; and such police officer shall be
deemed for all purposes of the Act other than those specified in
this paragraph and paragraph (b) to be the complainant; and
proceedings under any such information or complaint shall not
lapse or be determined by reason of any change as to the holder
of the office of Commissioner.
(b) No such proceedings shall be dismissed by
reason only of the failure of the Commissioner of Police to
appear in person or by Attorney-at-law, provided he is
represented by a police officer present in Court.
Recovery of 35. (1) Notwithstanding any rule of law to the contrary—

(a) where under any written law whether made before
certain sums
summarily as a
civil debt.
[19 of 1965]. or after the commencement of this section, a sum
of money is claimed to be due in respect of—
(i) expenses incurred by a statutory authority
Sixth Schedule. referred to in the Sixth Schedule pursuant
to the written law; or
(ii) any rates, charges, assessments, fees or
other levies lawfully made by any such
statutory authority; or
UNOFFICIAL VERSION


(b) where by this or any other written law a sum of

money is expressed to be recoverable
summarily as a civil debt,
such sum shall, subject to subsection (2), be recoverable
summarily as a civil debt.
(2) Where a written law whether made before or after
the commencement of this section provides some other method
of recovery, that method of recovery shall be available in addition
to the method of recovery provided for in subsection (1).
(3) Subject to subsection (4), the Minister may by Order
add to or vary or otherwise amend the enumeration of statutory
authorities given in the Sixth Schedule. Sixth Schedule.
(4) An Order made under subsection (3) shall be subject

to negative resolution of the House of Representatives.
36. A Court of summary jurisdiction shall have power to Order for

make an order on complaint for payment of any money recovery of
money.
recoverable summarily as a civil debt, and, subject to sections 35 [19 of 1965].
and 37 and to section 68(3), this Act shall apply to the institution
and hearing of the complaint and the making and enforcement of
such order as they apply to proceedings for a summary offence.
37. (1) A Court of summary jurisdiction shall not commit any Restriction on
person to prison or other detention in default of payment of a sum committal for
civil debt.
enforceable as a civil debt or for want of sufficient distress to satisfy [19 of 1965].
such a sum except by an order made on complaint and on proof to

Fifth Schedule.
Form 11.
the satisfaction of the Court that that person has, or has had since the
date on which the sum was adjudged to be paid, the means to pay the
sum or any instalment of it on which he has defaulted, and refuses or
neglects or, as the case may be, has refused or neglected to pay it.
(2) Subsection (1) shall be read and construed as
authorising the Court, before it issues a warrant for committal of
any person to prison or other detention in default of payment of
such a sum enforceable as a civil debt, to issue a warrant for
distress under section 82, upon the return of which for want of
sufficient distress to satisfy such sum, the Court may issue the
warrant of commitment.


(3) A complaint under this section may be made at any

time within four years.
(4) Where on any such complaint the defendant is
committed to custody, such costs incurred by the complainant in
proceedings for the enforcement of the sum as the Court may
direct shall be included in the sum on payment of which the
defendant may be released from custody.
Form of 38. (1) Every information, complaint, summons, warrant or
other document laid, issued or made for the purpose of or in
documents in
criminal
proceedings
before Summary connection with any proceedings before a Court of summary
Court. jurisdiction for an offence, shall be sufficient if it contains a
statement of the specific offence with which the accused person
is charged, together with such particulars as may be necessary for
giving reasonable information as to the nature of the charge.
(2) The statement of the offence shall describe the
offence shortly in ordinary language, avoiding as far as possible
the use of technical terms, and without necessarily stating all the
essential elements of the offence, and, if the offence charged is one
created by Act or other written law, the statement shall contain a
reference to the section of the written law creating the offence.
(3) After the statement of the offence, necessary
particulars of the offence shall be set out in ordinary language in
which the use of technical terms shall not be required.
(4) Any information, complaint, summons, warrant or
other document to which this section applies which is in such
form as would have been sufficient in law if this section had not
come into force shall notwithstanding anything in this section
continue to be sufficient in law.
Form and 39. (1) It shall not be necessary that any complaint shall be in
writing, unless it is required to be so by the written law on which it
requisites of
complaint.
is founded, or by some other written law. However, if a complaint
is not made in writing, the Clerk shall reduce it to writing.
(2) Subject to section 45, every complaint may, unless
some written law otherwise requires, be made without any oath
being made of the truth thereof.
UNOFFICIAL VERSION


(3) Every such complaint may be made by the

complainant in person, or by his Attorney-at-law or by any
person authorised in writing in that behalf.
(4) Every such complaint shall be for one offence only,
but such complaint shall not be avoided by describing the offence
or any material fact relating thereto in alternative words according
to the language of the written law constituting such offence.
(5) The description of any offence in the words of the
written law creating the offence, or in similar words, with a
specification, so far as may be practicable, of the time and place
when and where the offence was committed, shall be sufficient
in law.
40. Any exception, exemption, proviso, condition, excuse, or Rule as to

qualification, whether it does or does not, in any written law
statement of
exception, etc.
creating an offence, accompany in the same section the description
of the offence, may be proved by the defendant, but need not be
specified or negatived in the complaint, and if so specified or
negatived, no proof in relation to the matter so specified or
negatived shall be required on the part of the complainant.
SEARCH WARRANTS
41. (1) Any Magistrate or Justice who is satisfied, by proof When search
upon oath, that there is reasonable ground for believing that there
warrant may be
issued and
is in any building, vessel, carriage, box, receptacle, or place—
proceedings
thereunder.
(a) anything upon or in respect of which any
summary offence has been or is suspected to
have been committed;
(b) anything which there is reasonable ground for
believing will afford evidence as to the
commission of any such offence; or
(c) anything which there is reasonable ground for
believing is intended to be used for the purpose
of committing any offence against the person
punishable on summary conviction,


Third Schedule. may at any time issue a warrant under his hand authorising any
constable to search such building, vessel, carriage, box, receptacle,
Form 48.
or place for any such thing, and to seize and carry it before the
Magistrate or Justice issuing the warrant or some other Magistrate
or Justice, to be dealt with by him according to law.
(2) Any search warrant may be issued and executed at
any time, and may be issued and executed on a Sunday.
Detention of (3) When any such thing is seized and brought before
any Magistrate or Justice, he may detain or cause it to be
articles seized.
detained, taking reasonable care that it is preserved till the

conclusion of the case; and if any appeal is made, he may order
it further to be detained for the purpose of or pending an appeal.
If no appeal is made, the Magistrate or Justice shall direct such
thing to be restored to the person from whom it was taken, except
in the cases mentioned below, unless he is authorised or required
by law to dispose of it otherwise.
Detention of (4) If, under any such warrant, there is brought before
any Magistrate or Justice any forged bank note, bank note paper,
forged bank
note, etc.
or instrument, or any thing the possession of which, in the
absence of lawful excuse, is an indictable offence according to
any Act for the time being in force, the Magistrate or Justice may
direct such thing to be detained for production in evidence or to
be otherwise dealt with as the case may require.
Disposal of (5) If, under any such warrant, there is brought before
any Magistrate or Justice any counterfeit coin or other thing, the
counterfeit coin.
possession of which, with knowledge of its nature and without

lawful excuse, is an offence according to any Act for the time
being in force, every such thing shall be delivered up to the
Commissioner of Police or to any person authorised by him to
receive the same, as soon as it has been produced in evidence, or
as soon as it appears that it will not be required to be so produced.
Search for and (6) If the thing to be searched for is gunpowder or any
other explosive or dangerous or noxious substance or thing, the
disposal of
gunpowder, or
person making the search shall have the same powers and protection
dangerous
things.
as are given by any Act for the time being in force to any person
UNOFFICIAL VERSION


lawfully authorised to search for any such thing, and the thing
itself shall be disposed of in the same manner as directed by any
such Act or, in default of such direction, as the Commissioner of
Police may direct.
42. (1) In every case where a complaint is made before a Issue of

Magistrate or Justice that any person has committed, or is
summons to
defendant.
suspected to have committed, any summary offence within the Third Schedule.
Form 3.
district of such Magistrate or Justice, such Magistrate or Justice [11 of 1961].
may issue his summons directed to such person, stating

concisely the substance of such complaint, and requiring him to
appear at a certain time, being not less than forty-eight hours
after service of such summons, and at a certain place, before the
Court to answer the said complaint, and to be further dealt with
according to law.
(2) A single summons may be issued against a person in
respect of several complaints; but the summons shall state the
matter of each complaint separately and shall have effect as
several summonses each issued in respect of one complaint.
(3) The Court may, if it thinks fit, with the consent of
parties, hear and determine a complaint notwithstanding that the
said period of forty-eight hours may not have elapsed.
(4) The Court may, if it thinks fit, issue a summons
directing a defendant to appear forthwith in cases where an
affidavit is made by the complainant that such defendant is likely
to leave Trinidad and Tobago within forty-eight hours.
(5) Nothing herein contained shall oblige any
Magistrate or Justice to issue any such summons in any case
where the application for an order may by law be made ex parte.
43. (1) Every such summons shall be served by an Service of

authorised officer upon the defendant either by delivering a copy
summons on
defendant, and
of it to him personally, or, if he cannot be found, by leaving a proof thereof.
[31 of 1971
copy of it with some person for him at his usual or last known 29 of 1982].
place of abode.


(2) The officer by whom the summons is served shall attend

at the time and place specified therein, in order, if necessary, to produce
the service. However, the Court may, in its discretion, receive proof of
such service by affidavit in the manner hereinafter mentioned.
(3) In this section “authorised officer” means a constable
or a Transport Officer acting in his capacity as such under the
Ch. 48:50. provisions of the Motor Vehicles and Road Traffic Act or any other
person whom the Minister may, by Order subject to affirmative
resolution of Parliament, authorise for the purposes of this section.
Hearing ex parte 44. If the defendant does not appear before the Court at the
time and place mentioned in the summons, then, after proof upon
or issue of
warrant on non-
appearance of oath, to the satisfaction of the Court, that the summons was duly
served or that the defendant wilfully avoids service, the Court
defendant.
Third Schedule.
may, in its discretion, either—
Form 4.
(a) unless the written law on which the complaint is

founded otherwise directs, proceed ex parte to
the hearing of the complaint, and adjudicate
thereon as fully and effectually as if the
defendant had personally appeared before it in
obedience to the summons;
(b) adjourn such hearing to some future day; or
(c) upon oath being made by or on behalf of the
complainant, substantiating the matter of the
complaint to the satisfaction of the Court, issue
a warrant to apprehend the person so summoned
or avoiding service, and to bring him before the
Court to answer the said complaint, and to be
further dealt with according to law.
Issue of warrant 45. On a complaint in writing being made before a

Magistrate or Justice for any summary offence, the Magistrate or
for defendant in
first instance.
Third Schedule. Justice may, upon oath being made before him substantiating the
matter of such complaint to his satisfaction, instead of issuing a
Form 5.
summons, issue in the first instance a warrant to apprehend the

person against whom such complaint has been made, and to bring
him before the Court to answer the said complaint, and to be
UNOFFICIAL VERSION


ENFORCING ATTENDANCE OF WITNESSES
46. If, either before or on the hearing of any complaint, it Issue of

appears to the Magistrate or Justice on the statement of the
summons for
witness.
complainant or of the defendant or otherwise, that any person is Third Schedule.
likely to give material evidence for the complainant or for the

Form 6.
defendant, the Magistrate or Justice may issue a summons for

such person requiring him to attend, at a time and place to be
mentioned therein, before the Court, to give evidence respecting
the case, and to bring with him any specified documents or things
and any other documents or things relating thereto which may be
in his possession or power or under his control.
47. (1) Every such summons shall be served by an Service of

authorised officer upon the person to whom it is directed, either
summons on
witness.
by delivering a copy of it to him personally, or, if such person [29 of 1982].
cannot be found, by leaving a copy of it with some person for him

at his usual or last known place of abode.
(2) The officer by whom the summons is served shall
attend at the time and place specified therein, in order, if
necessary, to prove the service. However, the Court may, in its
discretion, receive proof of such service by affidavit.
(3) In this section “authorised officer” means a
constable or a Transport Officer acting in his capacity as such
under the provisions of the Motor Vehicles and Road Traffic Act, Ch. 48:50.
or any other person whom the Minister may, by Order subject to
affirmative resolution of Parliament, authorise for the purposes of
this section.
48. If the person to whom any such summons is directed does Warrant for
not attend before the Court at the time and place mentioned therein,
witness after
summons.
and there does not appear to the Court on enquiry to be any Third Schedule.
Form 7.
reasonable excuse for such non-attendance, then, after proof upon
oath to the satisfaction of the Court that the summons was duly
served or that the person to whom the summons is directed wilfully
avoids service, the Court, on being satisfied that he is likely to give
material evidence, may issue a warrant to apprehend such person,
and to bring him, at a time and place to be mentioned in the
warrant, before the Court in order to testify as mentioned above.


Issue of warrant 49. If the Magistrate or Justice is satisfied in the first instance,
by proof upon oath, that any person likely to give material
for witness in
first instance.
Third Schedule.
evidence, either for the complainant or for the defendant, will not
attend to give evidence without being compelled to do so, then,
Form 8.
instead of issuing a summons, he may issue a warrant in the first

instance for the apprehension of such person.
Mode of dealing 50. (1) Every witness arrested under a warrant issued in the
first instance shall, if the hearing of the case for which his
with witness
arrested under
warrant.
evidence is required is appointed for a time which is more than
twenty-four hours after the arrest, be taken before a Magistrate or
Justice, and the Magistrate or Justice may, on his furnishing
security by recognisance to the satisfaction of the Magistrate or
Justice for his appearance at such hearing, order him to be
released from custody, or shall, on his failing to furnish such
security, order him to be detained for production at such hearing.
(2) A witness arrested or detained under this section
shall not be kept in the same room or place as the defendant, if
the defendant is in custody.
Penalty on 51. Any witness who—

(a) refuses or neglects, without reasonable cause, to
witnesses
refusing, etc., to
attend at a Court in compliance with the
attend.
requirements of a summons duly served in the

manner prescribed by this Act; or
(b) departs from a Court without the leave of the
Magistrate or Justice holding the same,
is liable on summary conviction to a fine of one thousand dollars
or to imprisonment for two months; but no complaint shall be
made for any offence under this section except by the order of the
Magistrate or Justice made during the hearing of the case for
which the evidence of the witness is required.
Non-attendance 52. Every witness who is present when the hearing or further
of witness on
adjourned hearing of a case is adjourned, or who has been duly notified at the
hearing. time and place to which such hearing or further hearing is so
adjourned, shall be bound to attend at such time and place, and, in
UNOFFICIAL VERSION


default of so doing, may be dealt with in the same manner as if

he had refused or neglected to attend before the Court in
obedience to a summons to attend and give evidence.
REFRACTORY WITNESSES
53. (1) Where any person attending either in obedience to a Witness refusing
summons, or after notification as mentioned in section 52, or by
to be sworn, etc.
Third Schedule.
virtue of a warrant, or being present in Court and being verbally Form 9.
required by the Court to give evidence in any case—

(a) refuses to be sworn as a witness;
(b) having been so sworn, refuses to answer any
question put to him by the sanction of the Court; or
(c) refuses or neglects to produce any documents
which he is required by the Court to produce,
without in any such case offering any sufficient excuse for the
refusal or neglect, the Court may, if it thinks fit, adjourn the
hearing of the case for any period not exceeding eight days, and
may in the meantime, by warrant, commit the person to prison,
unless he sooner consents to do what is so required of him.
(2) If such person, upon being brought before the Court
at or before the adjourned hearing, again refuses to do what is so
required of him, the Court may, if it thinks fit, again adjourn the
hearing of the case, and commit him for the like period, and so
again from time to time until the person consents to do what is so
required of him.
(3) Nothing herein contained shall affect the liability of
any such person to any other punishment or proceeding for
refusing or neglecting to do what is so required of him, or shall
prevent the Court from disposing of the case in the meantime
according to any other sufficient evidence taken by it.
PART IV
HEARING AND ORDER

HEARING OF COMPLAINT
54. (1) On the day and at the place mentioned in the summons, Time and
or on the day and at the place on and at which the defendant is

place of
hearing.


brought before the Court under a warrant, as the case may be, the
case with respect to which the complaint has been made shall be
called for hearing in the Court.
Public to have (2) The room or place in which the Court is held for the
purpose of such hearing shall be deemed an open Court.
access.
Public may be
However, the Magistrate or Justice may, on special grounds of
excluded.
public policy, decency, or expediency, in his discretion exclude

the public at any stage of the hearing; and in every such case he
shall record the grounds on which such order has been made.
Procedure 55. If, upon the hearing of any complaint, it appears to the
Court that the case ought to be tried as an indictable offence, all
where charge
appears to be
further proceedings in the case as for a summary offence shall be

one proper for
indictment.
stayed, and depositions shall be taken, and the case shall in all
other respects be dealt with as if the charge had been originally
one for an indictable offence.
Transfer of case 56. (1) If, upon the hearing of any complaint, it appears that
the cause of complaint arose out of the limits of the district of the
where cause of
complaint has
arisen out of
district of Court. Magistrate before whom such complaint has been made, the
Third Schedule. Court may direct the case to be transferred to the Court of the
district wherein the cause of complaint arose.
Form 49.
[20 of 1953
18 of 1994].
(2) (Deleted by Act No. 18 of 1994).
Ch. 4:60. (3) Subject to section 5 of the Bail Act, the complaint
and recognisance, if any, taken by such first-named Magistrate or
Justice under this Act shall be by him transmitted to the
Magistrate or Justice before whom the defendant is to be taken;
and such complaint and recognisance, if any, shall be treated to
all intents and purposes as if they had been taken by such last-
mentioned Magistrate or Justice.
(4) If the defendant is granted bail, the Magistrate or
Justice shall inform him that he has directed the transfer of the
case and thereupon the provisions of subsection (3),
respecting the transmission and use of the documents in the
case, shall apply.
UNOFFICIAL VERSION


57. Both the complainant and the defendant shall be entitled Mode of
to conduct their respective cases in person or by Attorney-at-law,
conducting case.
and any person may, by leave of the Court, assist his son,
daughter, father, mother, brother, sister, or wife, or any person in
his permanent employment as a servant, either domestic or in
husbandry, in conducting his case.
58. (1) The head of a department shall not be bound to Head of

attend in a Summary Court to conduct any proceedings in which
department may
authorise officer
he is a complainant, but may, by writing under his hand, authorise in his
any subordinate officer of his department to appear for him and

department to
appear for him.
conduct such proceedings on his behalf.
[16 of 1962].
(2) If any question arises as to whether any officer of the

Government is the head of a department, a certificate to that effect in
writing under the hand of the Permanent Secretary to the Minister
responsible for Finance shall be conclusive evidence on the question.
59. If, when the case is called, the defendant appears Non-appearance
voluntarily in obedience to the summons, or is brought before the
of complainant.
[11 of 1961].
Court under a warrant, and the complainant, having had due notice
of the time and place of hearing (which shall be proved to the
satisfaction of the Court), does not appear in person or in the
manner provided in section 58 or by Attorney-at-law and, in the
case of a police complainant, by any police officer, the Court shall
dismiss the complaint, unless the Court, having received a
reasonable excuse for the non-appearance of the complainant, or for
other sufficient reason, thinks fit to adjourn the hearing of the case
to some future day, upon such terms as the Court may think just.
60. (1) If, when the case is called, the defendant does not Non-appearance
appear, the Court may, if the case comes within the provisions of
of defendant.
section 44, proceed as therein directed, or may, if it thinks fit,

allow the defendant to appear by Attorney-at-law.
(2) If service of the summons is not proved to the
satisfaction of the Court, or if a warrant is issued for the
apprehension of the defendant, the Court may adjourn the hearing
of the case to some future day, in order that proper service may be
effected, or until the defendant is apprehended, as the case may be.


(3) If the defendant is afterwards apprehended on a

warrant as mentioned above, he shall be brought before the
Magistrate or Justice, who shall thereupon commit him by
warrant to prison or to such other safe custody as he may think
fit, and order him to be brought at a certain time and place before
the Court; and of such time and place the complainant shall, by
direction of the Magistrate or Justice, be served with due notice.
Non-appearance 61. (1) If, when the case is called, neither the complainant
nor the defendant appears, the Court shall make such order as the
of both parties.
justice of the case requires.

(2) In such order the Court may include such direction
as to payment of costs as to the Court shall seem fit, and the
payment of such costs may be enforced in the manner and subject
to the conditions set forth in section 77(6).
Appearance of 62. If, when the case is called, both the complainant and the
defendant appear, the Court shall proceed to hear and determine
both parties.
the complaint.
Manner of 63. (1) At the commencement of the hearing, the Court shall
state or cause to be stated to the defendant the substance of the
hearing.
[18 of 1957].
complaint, and shall ask him whether he is guilty or not guilty.
(2) If the defendant says that he is guilty, and shows no
cause, or no sufficient cause, why an order should not be made
against him, the Court shall make such order against him as the
justice of the case requires.
(3) If the defendant says that he is not guilty, the witnesses
on both sides shall, unless the Court in any instance otherwise
expressly orders, be called, and placed out of the Court and out of
hearing, under the charge of the proper officer of the Court or of
some other person appointed by the Court for that purpose.
(4) The Court shall then proceed to hear the complainant
and such witnesses as he may examine, and such other evidence
as he may adduce, in support of his complaint, and also to hear the
defendant and such witnesses as he may examine, and such other
evidence as he may adduce, in his defence, and also, if the Court
thinks fit, to hear such witnesses as the complainant may examine
in reply, if the defendant has examined any witnesses or given
UNOFFICIAL VERSION


any evidence. The complainant shall not be obliged to give

evidence in support of his complaint, but if he wishes to give
evidence he may do so at any time before his case is closed.
(5) The Magistrate or Justice shall, in every case, take or Notes of
cause to be taken by a competent clerk, notes in writing of the evidence to be
taken.
evidence, or of so much of it as he considers material, in a book
to be kept for that purpose, and such book shall be signed by the
Magistrate or Justice at the conclusion of each day’s proceeding.
63A. (1) Notwithstanding section 63(4) and (5), in a hearing, a Admissibility

written statement by a witness shall, if the conditions mentioned of written
statements.
in subsection (3) are satisfied, be admissible as evidence to the [15 of 2005
like extent as oral evidence, to the like effect by that witness.

12 of 2012].
(2) Where a child is a witness in a hearing, the

Magistrate shall first comply with section 76 of the Children Act Ch. 46:01.
and then this section shall be applied to any written statement
made by such a witness.
(3) The conditions referred to in subsection (1) are that—
(a) the statement purports to be signed by the
witness who made it;
(b) the statement was sworn before a Clerk of the
Peace or Justice of the Peace and shall be
authenticated by a certificate signed by him;
(c) the statement contains a declaration by the
witness who made the statement to the effect
that it is true to the best of his knowledge and
belief and that he made the statement knowing
that, if it were tendered in evidence, he would be
liable to prosecution if he wilfully stated in it,
anything which he knew to be false or did not
believe to be true;
(d) before the statement is tendered in evidence a
copy of the statement is given, by or on behalf
of the party proposing to tender it, to each of the
other parties to the proceedings; and
(e) none of the parties or their Attorneys-at-law
within seven days from the date on which the
copy of the statement was given to them, serves


a notice on the party so proposing, objecting to

the statement being tendered in evidence under
this section.
(4) The following provisions shall also have effect in
relation to any written statement admitted in evidence under this
section, that is to say:
(a) where the statement is made by a witness under
eighteen years of age, it shall state his age and
that a named adult of his choice was present
with him when it was made;
(b) where the statement is written on behalf of a
witness it shall be signed by both the witness
and the person who wrote it and dated;
(c) where the statement is written on behalf of a
witness who cannot read, the person who wrote it
shall read it to him before he signs it and it shall be
accompanied by a declaration by the person who
wrote it that it was so read to the witness and he
appeared to understand it and he agreed to it;
(d) where the statement is written on behalf of a
witness who cannot write, the person who wrote
the statement shall read it to the witness before
he puts his mark or thumbprint on it and it shall
contain a declaration by the person who wrote it
that it was read to the witness and he appeared
to understand it and he agreed to it; and
(e) where the statement refers to any other
document as an exhibit, the copy of the
statement given to any other party to the enquiry
under subsection 3(d) shall be accompanied by
a copy of that document or by such information
as may be necessary in order to enable the party
to whom it is given to inspect that document or
a copy of it.
(5) Notwithstanding that a written statement made by any
person may be admissible as evidence by virtue of this section—
(a) the party by whom or on whose behalf a copy of
the statement was served, may call that person
to give evidence; or
UNOFFICIAL VERSION


(b) the Court may, of its own motion or on the

application of any party to the proceedings
require that person to attend before the Court to
give evidence or to be cross examined.
(6) So much of any statement as is admitted in evidence
by virtue of this section shall, unless the Magistrate otherwise
directs, be read aloud at the hearing, and where the Magistrate so
directs an account shall be given orally of so much of any
statement as is not read aloud.
(7) A document or an object referred to as an exhibit and
identified in a written statement tendered in evidence under this
section shall be treated as if it had been produced as an exhibit
and identified in Court by the maker of the statement.
63B. (1) A written statement under section 63A shall be filed Procedure.
with the Clerk of the Peace of the Magistrates’ Court by either

[15 of 2005].
party and a filed copy shall be served on the other party to the
proceedings as soon as practicable thereafter.
(2) A written statement filed under subsection (1) by
either party to the proceedings, shall be tendered by the party at
the hearing and may be admitted into evidence by the Magistrate
under section 63(4), and where a statement is so admitted it shall
be marked by the Magistrate as a Court exhibit and kept together
with all the other written statements and any other depositions.
(3) Where a statement is to be admitted in evidence under
section 63(4) and the Magistrate is of the opinion that a part of it is
inadmissible there shall be written against that part the words “treated
as inadmissible” together with the signature of the Magistrate.
(4) Where it is not possible to write on the statement, the
words set out in subsection (3) shall instead be written on a label
or other mark of identification which clearly identifies the part of
the statement to which the words relate and contains the signature
of the Magistrate in accordance with that subsection and which
shall be attached to the statement.
(5) Where a written statement, admitted in evidence
under section 63(4), refers to any document or object as an


exhibit, that document or object shall wherever possible, be

identified by means of a label or other mark of identification
signed by the maker of the statement and before the Magistrate
treats any document or object referred to as an exhibit in such a
statement, as an exhibit produced and identified in Court by the
maker of the statement, the Magistrate shall be satisfied that the
document or object is sufficiently described in the statement for
it to be identified.
(6) Notwithstanding this section, an accused person is
entitled to submit to the Magistrate, that any part of a statement
is inadmissible in evidence.
Proof by formal 63C. (1) Subject to the provisions of this section, any fact of
admission.
[15 of 2005]. which oral evidence may be given in any criminal proceedings
may be admitted for the purpose of those proceedings by the
Attorney-at-law for the prosecution or the accused person or his
Attorney-at-law, and the admission by any party of any such fact
under this section shall as against that party be conclusive
evidence in those proceedings of the fact admitted.
(2) An admission under this section—
(a) may be made before or at the proceedings;
(b) where made otherwise than in Court, shall be in
writing;
(c) where made in writing by an individual, shall
purport to be signed by the person making it
and, if so made by a body corporate, shall
purport to be signed by a director or corporate
secretary of the body corporate;
(d) where made on behalf of the defendant who is an
individual, shall be made by his Attorney-at-law; and
(e) where made at any stage before the trial by a
defendant who is an individual, shall be
approved by his Attorney-at-law, whether at the
time it was made or subsequently, before or at
the proceedings in question.
(3) An admission under this section for the purpose of
proceedings relating to any matter shall be treated as an
admission for the purpose of any subsequent criminal
proceedings relating to that matter.
UNOFFICIAL VERSION


64. (1) Where a complaint is made by one or more parties Cross-

against another party or other parties, and there is a cross-
complaints.
complaint by the defendant or defendants in such first-named case

either by himself or themselves or together with another person or
other persons against the complainant or complainants in the first-
named case either by himself or themselves or together with
another person or other persons, and such cross-complaints are
with reference to the same matter, the Court may, if it thinks fit,
hear and determine such complaints at one and the same time.
(2) Where two or more complaints are made by one or Joinder of
more parties against another party or other parties and such
complaints.
complaints refer to the same matter, such complaints may, if the

Court thinks fit, be heard and determined at one and the same time
if each defendant is informed of his right to have such complaints
taken separately and consents to their being taken together.
65. The complainant, or his Attorney-at-law, shall be entitled Addresses.

to address the Court at the commencement of his case; the
defendant, or his Attorney-at-law, shall be entitled to address the
Court at the commencement or the conclusion of his case, as he
thinks fit; and if any witnesses for the defence have been
examined or any evidence given, the Magistrate or Justice may in
his discretion allow the complainant, or his Attorney-at-law, to
reply on the conclusion of the case.
ADJOURNMENT OF HEARING
66. (1) At any time before or during the hearing of a Power of

complaint, it shall be lawful for the Court, in its discretion, to
adjournment
and proceedings
adjourn the hearing of the complaint to a certain time and place thereon.
to be then appointed and stated in the presence and hearing of the

Third Schedule.
Form 20.
party or parties, or his or their respective Attorney-at-law.
Form 21.
Forms 29 and
(2) The Court, on being satisfied that a defendant who

30.
Form 17.
has been remanded is, by reason of illness or accident, unable at
[18 of 1994
4 of 2011].
the expiration of the period for which he was remanded to appear
personally before the Court, may, in the absence of the defendant,
order him to be further remanded for such term as may be
considered reasonable.
(3) Subject to section 5 of the Bail Act, the Court may, Ch. 4:60.
upon any such adjournment, remand the defendant in custody by


committing him to prison or to such other safe custody as it

thinks fit and the time fixed for the resumption of the trial shall
be that at which he is required to appear or to be brought before
the Court in pursuance of the remand.
(3A) A committal made under subsection (3) shall be for
a maximum period of twenty-eight days unless a Court is not held
within that time, in which case the defendant shall be brought
before the Court on the first day on which the Magistrate holds
Court at the place where the order was made.
(4) If, at the time and place to which such hearing or
further hearing is so adjourned, either or both of the parties does or
do not appear, the Court may proceed to such hearing or further
hearing as if such party or parties was or were present; or, if the
complainant does not appear, the Court may dismiss the complaint.
(5) The Magistrate may also, if the defendant fails to
appear, issue a warrant for his apprehension.
Remand for 66A. (1) Where, on the trial by the Court of an offence
punishable on summary conviction with imprisonment, the Court
medical
examination.
[18 of 1994].
is satisfied that the offence has been committed by the accused,
but is of the opinion that an inquiry ought to be made into his
physical and mental condition before the method of dealing with
him is determined, the Court shall adjourn the hearing to enable a
medical examination and report to be made and shall remand him.
(2) An adjournment in pursuance of subsection (1) shall
not be for more than three weeks at a time.
(3) Where on an adjournment under subsection (1) the
accused is remanded on bail, the Court shall impose conditions
Ch. 4:60. under section 12(3)(d) of the Bail Act, which conditions shall
include the requirements that the accused—
(a) undergo medical examination by a duly
qualified medical practitioner or, where the
inquiry is into his mental condition and the
Court so directs, by two such practitioners; and
(b) for the purpose, attend such institution or place, or
on such practitioner as the Court directs and, where
the inquiry is into his mental condition, comply
UNOFFICIAL VERSION


with any other directions which may be given to

him for that purpose by any person specified by the
Court or by a person of any class so specified.
MAKING OF ORDER
67. (1) Upon the conclusion of the hearing, the Court shall, Giving of
either at the same or at an adjourned sitting, give its decision on

decision upon
conclusion of
the case, by either dismissing the complaint or making such order

hearing.
Third Schedule.
as the justice of the case requires against the defendant.
Form 17.
Form 44.
(2) If the complaint is dismissed on the merits, the

Court shall, upon being required by or on behalf of the defendant
at any time within six months after such dismissal, make a
formal order of dismissal and give to the defendant a certificate
thereof; and such certificate shall, upon production, without
further proof, be a bar to any subsequent complaint for the same
matter against the defendant.
(3) If an order is made against the defendant, a concise
minute or memorandum thereof shall be forthwith entered in a
book to be kept for that purpose; and, if necessary, an order in
proper form may be drawn up at any time thereafter.
(4) Any defendant who desires to have the order in his
case formally drawn up may, at any time within five days from
the date of adjudication, require the Magistrate or Justice to draw
up formally such order, and thereupon the Magistrate or Justice
shall, within two days from the date of his being so required,
draw up formally such order, and the defendant shall be entitled
to have a copy of it; without any fee being charged for it.
68. (1) Where, by any written law, the Court is empowered Power of
to impose a penalty for a summary offence, or where under this
awarding
imprisonment in
Act or any other written law a sum enforceable as a civil debt is default of
adjudged by the Court to be paid, it may, in the absence of

payment of
penalty.
express provision to the contrary in the same or any other written
Third Schedule.
Form 10.
law, order a defendant who is convicted of such offence, in Form 11.
default of payment of the sum of money adjudged to be paid by

Form 13.
[19 of 1965
the order, either forthwith or at the time specified in the order, as
45 of 1979
37 of 1985
38 of 1991].


the case may be, to be imprisoned in accordance with the scale

set forth in this section.
(2) Subject in every case to the provisions of the Act on
which the order is founded, the period of imprisonment, whether
with or without hard labour, which is imposed by the Court in
respect of the non-payment of any sum of money adjudged to be
paid by an order shall be such period as, in the opinion of the
Court, will satisfy the justice of the case, but shall not exceed the
maximum fixed in the following scale:
Where the sum of money adjudged to be The period shall
paid by an Order— not exceed—
does not exceed $40 … … … 14 days
exceeds $40 but does not exceed $200 … 30 days
exceeds $200 but does not exceed $1,000 … 3 months
exceeds $1,000 but does not exceed $2,000 4 months
exceeds $2,000 but does not exceed $5,000 9 months
exceeds $5,000 but does not exceed $25,000 3 years
exceeds $25,000 … … … … 5 years.
(3) The maximum period of imprisonment applicable to a
sum of any amount enforceable as a civil debt shall be six weeks.
Power to inflict 69. (1) Where a Court has authority under any Act, whether
past or future, to impose imprisonment for an offence punishable
fine in lieu of
imprisonment.
on summary conviction and has not authority to impose a fine for
that offence, the Court, when adjudicating on such offence, may,
notwithstanding, if the Court thinks that the justice of the case
will be better met by a fine than by imprisonment, impose a fine
not exceeding two thousand dollars. However, the alternative
term of imprisonment in default of payment of the fine shall not
be a greater term than that to which the defendant is liable under
the Act authorising the said imprisonment.
Term of (2) Where a Court has authority under any Act, whether
imprisonment
that may be past or future, to impose imprisonment, either peremptorily or in
imposed. default of payment of any pecuniary penalty, for an offence
punishable on summary conviction, the Court may, in the
absence of express provision to the contrary, order the offender to
be imprisoned for any term not exceeding the term prescribed, as
the Court shall think fit.
UNOFFICIAL VERSION


*(3) Where a person is convicted summarily of an Where no

offence against a written law and no penalty for the offence is
penalty
prescribed for
prescribed, or a fine is prescribed as the penalty but no maximum
summary
offence.
is specified in that or any other written law, the person convicted
is liable to a fine of five hundred dollars.
70. The Court in fixing the amount of any fine to be imposed Payment and
on an offender shall take into consideration, amongst other
allocation of
fines and fees.
things, the means of the offender so far as they appear or are
known to the Court; and where a fine is imposed, the payment of
the Court fees and other fees payable in the case up to and
including conviction shall not be taken into consideration in
fixing the amount of the fine or be imposed in addition to the
fine, but the amount of the fine, or of such part thereof as may be
paid or recovered, shall be applied as follows:
(a) in the first place, in the repayment to the
complainant of any Court or other fees paid by him;
(b) in the second place, in the payment of any Court
or other fees not already paid by the
complainant;
(c) the balance (if any) remaining after the above-
mentioned payments have been made shall be
paid to the fund or person to which the fine is
directed to be paid by the written laws relating
to the offence in respect of which the fine was
imposed, or, if there is no such fund or person,
then to the fund into which the Court or other
fees are paid.
71. (1) Where any person is charged before a Court with an Power of
offence punishable by the Court, and the Court thinks that the
Court
to permit
charge is proved, but is of opinion that having regard to the conditional
character, antecedents, age, health, or mental condition of the
release of
offenders.
person charged, or to the trivial nature of the offence, or to the [51/1980].
extenuating circumstances in which the offence was committed,
*Transferred from section 44A of the Interpretation Act 1962 (Act No. 2 of 1962) as amended by
Act No. 45 of 1979.


it is inexpedient to inflict any punishment or any other than a

nominal punishment, the Court may, without proceeding to
conviction, make an order either—
(a) dismissing the complaint or charge; or
(b) discharging the offender conditionally on his
entering into a recognisance, with or without
sureties, to be of good behaviour and to appear
for conviction and sentence when called on at
any time during such period, not exceeding
three years, as may be specified in the order.
(2) The Court may, in addition to any such order, order
the offender to pay such damages for injury or compensation for
loss as the Court may think reasonable, but not exceeding in the
aggregate one thousand dollars or such greater sum as may be
allowed by any written law relating to the offence, and to pay
such costs of the proceedings as the Court thinks reasonable.
(3) Such an order shall for the purpose of revesting or
restoring stolen property and of enabling the Court to make
orders as to the restitution or delivery of property to the owner
and as to the payment of money upon or in connection with such
restitution or delivery, have the effect as a conviction.
(4) If the Court, before which an offender is bound by
his recognisance under this section to appear for conviction or
sentence, or any Court is satisfied by information on oath that the
offender has failed to observe any of the conditions of his
recognisance, it may issue a warrant for his apprehension or may,
if it thinks fit, instead of issuing a warrant in the first instance,
issue a summons to the offender and his sureties (if any)
requiring him or them to attend at such Court and at such time as
may be specified in the summons.
(5) The offender, when apprehended, shall, if not
brought forthwith before the Court before which he is bound by
his recognisance to appear for conviction or sentence, be brought
before another Court.
(6) The Court before which an offender on apprehension
if brought, or before which he appears in pursuance of a
summons as mentioned above, may, if it is not the Court before
which he is bound by his recognisance to appear for conviction
UNOFFICIAL VERSION


or sentence, remand him to custody or on bail until he can be

brought before the last mentioned Court.
(7) An offender so remanded to custody may be
committed during remand to any prison to which the Court having
power to convict or sentence him has power to commit prisoners.
(8) A Court before which a person is bound by his
recognisance to appear for conviction and sentence, on being
satisfied that he has failed to observe any condition of his
recognisance, may forthwith, without further proof of his guilt,
convict and sentence him for the original offence or, if the case
was one in which the Court in the first instance might, under
section 43 of the Children Act, have ordered the offender to be Ch 46:01.
sent to an Industrial School, and the offender is still apparently
under the age of sixteen years, make such an order.
72. (1) A Court imposing a term of imprisonment on a Consecutive

person may order that the term of imprisonment shall commence sentences.
[6 of 2004].
on the expiration of any other term of imprisonment imposed by
that Court or any other Court.
(2) Where a Court imposes two or more terms of
imprisonment to run consecutively, the aggregate of such terms
shall not exceed ten years.
(3) Where a Court has sentenced a person to
imprisonment and a fine for the same offence and a period of
imprisonment is imposed for the non-payment of the fine, or for
want of sufficient distress to satisfy the fine, the aggregate of the
terms so imposed shall not exceed ten years.
(4) For the purpose of this section, a term of
imprisonment is deemed to be imposed in respect of an offence if
it is imposed—
(a) as a sentence;
(b) in default of a payment of a sum adjudged to be
paid upon conviction; or
(c) for want of sufficient distress to satisfy such a sum.
73. Subject to the express provisions of any written law Mode of dealing
relating thereto, every forfeiture not pecuniary which is incurred
with forfeiture
not pecuniary.
in respect of a summary offence, or which may be enforced by


the Court, may be sold or disposed of in such manner as the Court

may direct, and the proceeds of such sale shall be applied in the
like manner as if the proceeds were a penalty imposed under the
written law on which the proceeding for the forfeiture is founded.
Offence 74. (1) Where the complete commission of the offence
charged is not proved, but the evidence establishes an attempt to
charged—
attempt proved.
commit the offence, the defendant may be convicted of such
attempt and punished accordingly. However, after conviction for
the attempt, the defendant shall not be liable to be prosecuted again
for the same offence which he was charged with committing.
Attempt (2) Where an attempt to commit an offence is charged,
but the evidence establishes the commission of the full offence,
charged—full
offence proved.
the defendant shall not be entitled to have the complaint
dismissed, but he may be convicted of the attempt and punished
accordingly. However, after conviction for the attempt, the
defendant shall not be liable to be prosecuted again for the
offence which he was charged with attempting to commit.
Conviction for 75. Every complaint shall be deemed divisible; and if the
commission of the offence charged, as described in the written
offence
involved in
offence charged.
law creating the offence or as charged in the complaint, includes
the commission of any other offence, the defendant may be
convicted of any offence so included which is proved, although
the whole complaint charged is not proved, or he may be
convicted of an attempt to commit any offence so included.
Embezzlement, 76. (1) Where embezzlement or the fraudulent conversion
of anything is charged, and the evidence establishes the
etc., charged—
Larceny proved.
[11 of 1961]. commission of larceny of any kind, the defendant shall not be
entitled to have the complaint dismissed, but he may be convicted
of the larceny and punished accordingly.
Larceny (2) Where larceny of any kind is charged, and the
evidence establishes the commission of embezzlement, or the
charged—
Embezzlement,
etc., proved.
fraudulent conversion of anything, or the receiving of any
property knowing the same to have been stolen, the defendant
shall not be entitled to have the complaint dismissed, but he may
be convicted of the embezzlement or fraudulent conversion or
receiving and punished accordingly.
UNOFFICIAL VERSION


(3) Where larceny of any kind is charged and the Larceny

evidence establishes the commission of an offence against
charged—
“conveying”
section 36 or section 37 of the Summary Offences Act, the proved.
defendant shall not be entitled to have the complaint dismissed

Ch. 11:02.
but he may be convicted of the offence the commission of which

the evidence establishes and punished accordingly.
(4) Where the receiving of any property knowing the “Receiving”
same to have been stolen is charged and the evidence establishes
charged—
Larceny or
the commission of larceny of any kind or of an offence under “conveying”
section 36 or 37 of the Summary Offences Act, the defendant

proved.
shall not be entitled to have the complaint dismissed but he may

be convicted of the offence the commission of which the
evidence establishes and punished accordingly.
(5) Where an offence under section 36 or 37 of the “Conveying”
Summary Offences Act is charged and the evidence establishes
charged—
“Larceny or
the commission of the offence of larceny of any kind or of receiving”
receiving property knowing the same to have been stolen, the

proved.
defendant shall not be entitled to have the complaint dismissed

but he may be convicted of the larceny or of receiving property
knowing the same to have been stolen and punished accordingly.
(6) Where larceny of any kind is charged and the evidence “Larceny”
establishes the commission of obtaining any chattel, money or
charged—
“False
valuable security by false pretences, or where obtaining any chattel, pretences”
money or valuable security by false pretences is charged and the

proved and
vice versa.
evidence establishes the commission of larceny of any kind, the
defendant shall not be entitled to have the complaint dismissed but
he may be convicted of the offence the commission of which the
evidence establishes and punished accordingly.
(7) No person so convicted of any one of the offences Conviction to be
mentioned in the preceding subsections shall be liable to be
for one offence
only.
afterwards prosecuted for any other of the said offences, upon the
same facts.
COSTS AND COMPENSATION
77. (1) In every case where the complaint is dismissed, the Order as
Court may order that the complainant shall pay to the defendant to costs and
such sum for costs as to the Court may seem just and reasonable,
compensation.
[19 of 1965
and if the Court is of opinion that the complaint was frivolous or
51/1980].
Third Schedule.
Form 28.
Form 28A.


vexatious, it may also order the complainant to pay to the

defendant a reasonable sum, not exceeding two hundred dollars,
as compensation for the trouble and expense to which the
defendant may have been put, by reason of such complaint in
addition to his costs; and such compensation shall be enforceable
as a civil debt.
(2) The acceptance of any such order for compensation
by the defendant shall be a bar to any subsequent civil
proceedings for false imprisonment or malicious prosecution by
him against the complainant, but the defendant shall be at liberty
to refuse to accept any such order for compensation.
(3) Subject to section 70, in every case where an order is
made against the defendant, the Court may, in addition to the
penalty or sentence of imprisonment, if any, imposed on the
defendant, order him to pay to the complainant such costs, and
also, subject to the provisions of any written law in that behalf, to
pay to the complainant or any other person such compensation as
to the Court may seem just and reasonable; and such
compensation shall be enforceable as a civil debt. This section
shall not affect the procedure of the Court under any written law
making express provision with respect to such compensation.
(4) Any such order for payment of costs made against a
defendant may include any costs of and attendant upon his
apprehension.
(5) No such order for payment of costs shall include any
fees to Attorney-at-law.
(6) Any sum so allowed for costs, or for costs and
compensation, shall in every case be specified in the order of
dismissal or order, as the case may be, and the Court may, subject
to this Act and any other written law, order that, on default of
payment within such time as to the Court shall seem proper of
any sum so allowed for costs, or for costs and compensation, the
person making default be imprisoned for any term not exceeding
the term prescribed in respect of a like sum in the scale of
imprisonment set forth in section 68.
(7) For the purposes of this section a complaint shall be
deemed to be dismissed when the complainant withdraws or
fails to proceed with the complaint or offers no evidence in
support thereof.
UNOFFICIAL VERSION


PART V
ENFORCEMENT OF ORDER TO PAY MONEY

78. (1) The Court by whose conviction or order any sum of Power to
money is adjudged to be paid may direct that no time shall be
impose
peremptory
allowed for the payment of the said sum and issue forthwith a imprisonment or
warrant committing to prison the person liable to pay the said sum,
to allow time
for payment of
or the Court may instead do all or any of the following things:
fines.
(a) allow time for payment of the said sum;

(b) direct payment of the said sum to be made by
instalments;
(c) direct that the person liable to pay the said sum
shall be at liberty to give, to the satisfaction of
the Court, security, either with or without a
surety or sureties, for the payment of the said
sum or of any instalment thereof.
(2) If before the expiration of the time allowed the
person convicted surrenders himself to the Court having
jurisdiction to issue a warrant of commitment in respect of the
non-payment of such sum as mentioned above, and states that he
prefers immediate committal to awaiting the expiration of the
time allowed, the Court may if it thinks fit forthwith issue a
warrant committing him to prison.
(3) Where a person so allowed time for payment as
mentioned above appears to the Court to be not less than sixteen
nor more than twenty-one years of age, the Court may, if it thinks
fit, and subject to any rules made under this Act, order that he be
placed under the supervision of such person as may be appointed
by the Court until the sum adjudged to be paid is paid, and in such
case, before issuing a warrant in respect of non-payment of the
sum, the Court shall consider any report which may be made by
the person so appointed as to the conduct and means of the person
under his supervision.
(4) Where a sum of money is directed to be paid by
instalments and default is made in the payment of any one
instalment, the same proceedings may be taken as if default
had been made in the payment of all the instalments then
remaining unpaid.


Allowance of 79. Where time has been allowed for the payment of a sum
further time and adjudged to be paid by a conviction or order, further time may,
subject to any rules made under this Act, on an application by or
payment by
instalments.
on behalf of the person liable to pay such sum, be allowed by a
Court having jurisdiction to issue a warrant of commitment in
respect of the non-payment of such sum as mentioned above, or
such Court may, subject as mentioned above, direct payment by
instalments of the sum so adjudged to be paid.
Provisions for 80. Where a person has been adjudged to pay a sum by a
conviction or order of a Summary Court, or in proceedings for
enforcement of
payment of
fines, etc.
enforcing an order in any matter of affiliation, or an order which
under weekly sums are made payable towards the maintenance of
a wife, the Court may order him to be searched, and any money
found on him on apprehension, or when so searched, or which
may be found on him when taken to prison in default of payment
of the sum so adjudged to be paid, may, unless the Court
otherwise directs, be applied towards the payment of the sum so
adjudged to be paid, and the surplus, if any, shall be returned to
him. However, the money shall not be so applied if the Court is
satisfied that the money does not belong to the person on whom
it was found, or that the loss of the money will be more injurious
to his family than his imprisonment.
Provisions as to 81. (1) A person shall give security under this Act, whether
as principal or surety, either by the deposit of money with the
security taken
for payment of
fine, etc. Nature Clerk or by an oral or written acknowledgment of the undertaking
or condition by which and of the sum for which he is bound in the
and form of
security.
Third Schedule.
Form 28B. Form set out as Form 28B in the Third Schedule, and evidence of
such security may be provided by entry thereof in the record of
proceedings of the Court or otherwise as may be prescribed.
Security book. (2) The Clerk of each Court shall keep a security book,
and shall enter in it, with respect to each security given in relation
to any proceeding before the Court, the name and address of each
person bound, showing whether he is bound as principal or as
surety, the sum in which each person is bound, the undertaking or
condition by which he is bound, the date of the security, and the
person before whom it is taken. When any such security is not
entered into before the Court, or before the Clerk, the person
before whom it is entered into shall make a return of it, showing
UNOFFICIAL VERSION


the above particulars, to the Clerk. The security book and any
certified extract from it, shall be evidence of the several matters
hereby required to be entered in the security book.
(3) Any sum which may become due in pursuance of a Method of
security under this Act from a surety may be recovered recovering
summarily, in the Petty Civil Court of the district in which the

security.
security was given in manner directed by the Petty Civil Courts Ch. 4:21.
Act, at the suit of a constable or of the Clerk of the Court
directing such security to be given, leave having first been
obtained from the Judge of the Petty Civil Court.
(4) Any sum paid by a surety on behalf of his principal Sum paid by
in respect of a security under this Act, together with all costs, surety to be a
civil debt due to
charges and expenses incurred by such surety in respect of that the principal.
security, shall be deemed a civil debt due to him from the
principal, and may be recovered by the surety in a Petty Civil
Court in manner directed by the Petty Civil Courts Act.
(5) When a Petty Civil Court has enforced payment of Application of
any sum due by a surety in pursuance of a security which appears
sum due under
forfeited
to the Court to be forfeited, the sum shall be paid to the Clerk, and security.
shall be paid and applied by him in the manner in which fines,
costs or compensation, imposed by the Court, in respect of which
no special appropriation is made, are payable and applicable.
(6) Where security is given by the deposit of money Application of
under subsection (1) and the principal makes default in payment
money deposit.
of the money in respect of which such deposit was made, the sum
deposited, or so much of it as is required, shall be applied by the
Clerk in the manner provided by subsection (5).
(7) Notwithstanding any action or process against the Liability of
surety for the recovery of the sum due in pursuance of a security
principal to be
imprisoned.
and until complete satisfaction of such sum by the principal or the
surety, the principal shall be liable to be imprisoned for the term
for which he would be liable had no security been given.
(8) When the principal has served the term of Discharge of
imprisonment for which he was liable in default of payment of the
surety.
sum in respect of which security was given or any part of such sum,
the surety shall then be freed from liability for the payment of such
sum or any part of it remaining unpaid, but he shall remain liable for
any costs incurred by the State in any action or process instituted
against him for enforcing such security.


WARRANT OF DISTRESS
Issue of distress 82. (1) Any sum of money adjudged to be paid by an order
shall, if the written law on which the order is founded so directs, but
warrant in
certain cases.
subject to the following provisions of this section, and may, in the
[45 of 1979].
Third Schedule.
Form 12.
discretion of the Court in other cases, be levied upon the movable
property of the defendant by distress and sale of such property.
Form 14.
Form 18.
Form 19.
(2) In any such case the Court shall, but subject as
aforesaid, or may, as the case may be, issue its warrant of distress
for the purpose of levying the same, and such warrant shall be in
writing and shall be signed by the Magistrate or Justice.
(3) Where a warrant of distress is issued by the Court, it
shall authorise the person charged with the execution thereof to
take any money as well as any goods of the person against whom
the distress is levied, and any money so taken shall be treated as
if it were the proceeds of sale of goods taken under the warrant.
(4) If it appears to the Court, at the time such sum of
money is adjudged to be paid or when application is made to it to
issue any such warrant, that the defendant has no money or
movable property whereon to levy the distress, or that, in the event
of a warrant of distress being issued, his money or movable
property will be insufficient to satisfy the sum of money adjudged
to be paid by the order, or that the levy of the distress will be more
injurious to him or his family than imprisonment, the Court may,
if it thinks fit, instead of issuing such warrant of distress, order the
defendant, on non-payment of the said sum, to be imprisoned for
any term not exceeding the term prescribed in respect of a like
sum in the scale of imprisonment set out in section 68.
(5) The wearing apparel and bedding of a person and his
family, and, to the value of two hundred dollars, the tools and
implements of his trade, shall not be taken under a warrant of
distress issued by the Court.
Commitment or 83. Where a warrant of distress is issued against the
defendant, the Court may either suffer the defendant to go at large
security until
return made to
or, by a warrant in that behalf, order him to be kept and detained
distress warrant.
Third Schedule.
Form 25.
in safe custody until return has been made to the warrant, unless
UNOFFICIAL VERSION


the defendant gives sufficient security, by recognisance or otherwise,

to the satisfaction of the Court, for his appearance before the Court
at the time and place appointed for the return of the warrant.
84. Where a warrant of distress is issued against the defendant, Imprisonment in

and a return is made by the constable charged with the execution
default of
distress.
of the warrant to the effect that no sufficient money or movable Third Schedule.
property of the defendant can be found whereon to levy the

Form 45.
Form 26.
distress, the Court may order the defendant, on non-payment of the

sum of money adjudged to be paid by the order and all costs and
charges of the distress and of the commitment, to be imprisoned for
any term not exceeding the term prescribed in respect of a like sum
in the scale of imprisonment set out in section 68.
85. (1) The following provisions shall have effect with General
respect to the execution of warrants of distress issued by the Court:
provisions with
respect to
(a) a warrant of distress shall be executed by or
distress
warrants.
under the direction of a constable; Third Schedule.
Form 46.
(b) if the constable charged with the execution of
the warrant is prevented from executing it by the
fastening of doors or otherwise, the Magistrate
or Justice may, by writing under his hand
endorsed on the warrant, authorise him to use
such force as may be necessary to enable him to
execute the warrant;
(c) except so far as the person upon whose movable
property the distress is levied otherwise
consents in writing, the distress shall be sold at
public auction, and three days at least shall
intervene between the making of the distress
and the sale; but where consent in writing is so
given as mentioned above the sale may be in
accordance with such consent;
(d) subject as mentioned above, the distress shall be
sold within the time fixed by the warrant, and if
no time is so fixed, then within the period of
fourteen days from the date of the making of the


distress, unless the sum for which the warrant

was issued, and also the charges of taking and
keeping the distress, are sooner paid;
(e) if any person charged with the execution of a
warrant of distress wilfully retains from the
produce of any property sold to satisfy the distress,
or otherwise exacts, any greater costs or charges
than those to which he is for the time being entitled
by law, or makes any improper charge, he is liable,
on summary conviction, to a fine of four hundred
dollars but nothing herein contained shall affect
the liability of any such person to be prosecuted
and punished for extortion;
(f) a written account of the costs and charges
incurred in respect of the execution of any
warrant of distress shall, as soon as practicable,
be delivered by the constable charged with the
execution of the warrant to the Magistrate or
Justice; and the person upon whose movable
property the distress was levied may, at any time
within one month after the making of the
distress, inspect such account, without payment
of any fee or reward, at any time during office
hours, and take a copy of such account;
(g) a constable charged with the execution of a
warrant of distress shall sell the distress or cause
the same to be sold, and may deduct out of the
amount realised by such sale all costs and charges
actually incurred in effecting such sale, and shall
pay to the Magistrate or Justice, or to some
person specified by him, the remainder of such
amount, in order that the same may be applied in
payment of the sum for which the warrant was
issued and of the proper costs and charges of the
execution of the warrant, and that the surplus, if
any, may be rendered to the person upon whose
movable property the distress was levied.
UNOFFICIAL VERSION


(2) When any person against whom a warrant of distress Payment of
is issued pays or tenders to the constable having the execution of

amount of
distress warrant.
the same the sum or sums in such warrant mentioned, or produces
to him the receipt for the same of the Clerk of the Court, and also
pays the amount of the costs and charges of such distress up to
the time of such payment or tender, the constable shall cease to
execute the warrant.
COMMITMENT OF DEFENDANT, ETC.
86. (1) In every case where an order is made against any Power to
person for the payment of a sum of money, and such person is

commit
defendant in
liable to be imprisoned, or imprisoned and kept to hard labour, for
certain cases.
Third Schedule.
a certain term unless such sum shall be sooner paid, if such person Form 22.
does not pay the same, either forthwith or at the time specified in
such order for the payment of the same, as the case may be, the
Court may issue its warrant of commitment, under the hand of the
Magistrate or Justice, requiring any constable to take and convey
such person to prison, and there deliver him to the Keeper, and
requiring the Keeper to receive such person into the prison, and
there to imprison him and keep him to hard labour, as the case
may be, for such time as may be directed and appointed by the
warrant of commitment, unless the sum of money adjudged to be
paid by the order, and also all other costs, charges, and expenses,
shall be sooner paid. Any warrant of commitment issued under
this section may be executed on a Sunday.
(2) Any such warrant of commitment may be signed
either by the Magistrate or Justice who made the order or by any
Magistrate or Justice who has concurrent jurisdiction with or has
succeeded to or is acting for the Magistrate or Justice who made
the order.
87. (1) Where application is made to the Court to issue a Power to
warrant for committing a person to prison for non-payment of any

postpone issue
of warrant of
sum of money adjudged to be paid by an order, the Court may, if it
commitment.
thinks it expedient to do so, postpone the issue of the warrant until

such time and on such conditions as may seem just.


(2) When the Court orders the imprisonment of any

person, the Court may, if it thinks fit, order that such imprisonment
shall not commence immediately, but shall commence on a day not
more than three months after the date of such order as the Court
may fix, and in such case the Court may either allow the person to
go at large until that day or discharge him upon his entering into a
recognisance, with or without sureties, conditioned for his
reappearance on that day to undergo such imprisonment.
Payment of 88. (1) Where any person against whom is issued a warrant
of commitment for non-payment of any sum of money adjudged
penalty to Clerk
of Court or at
to be paid by an order is arrested within the magisterial district in
the prison.
which the order was made by the constable having the execution
of the warrant and such person offers to pay forthwith the sum or
sums in such warrant mentioned, together with the amount of the
expenses of such warrant up to the time of payment, such person
shall be conveyed to the office of the Clerk of the Court of the
district as soon as convenient after his arrest, but not later than
forty-eight hours after the arrest, and upon payment of such sum
or sums and expenses to the Clerk of the Court such person shall
be immediately released from custody.
(2) If the office of the Clerk of the Court will not be
opened for public business within the said period of forty-eight
hours from the arrest, or if the person arrested fails to pay all sums
and expenses to the Clerk of the Court as provided for in this
section, he shall be conveyed to prison as directed by the warrant.
(3) When the arrest is effected outside the magisterial
district in which the order was made, the person arrested shall be
conveyed as soon as convenient thereafter to prison as directed
by the warrant.
Commencement 89. Where any person is brought by a constable to any prison

to be imprisoned by virtue of a warrant of commitment, the
of
imprisonment.
constable shall endorse on the warrant the day on which the
person was arrested by virtue of that warrant; and the
imprisonment shall be computed from that day and inclusive of it.
UNOFFICIAL VERSION


90. Where any person has been committed to prison by the Varying of or
Court for default in finding a surety or sureties, the Court may, on
discharging
order for
application made to it by the person or by some person acting on sureties.
his behalf, enquire into the case, and if, upon new evidence
produced to the Court or proof of a change of circumstances, the
Court thinks, having regard to all the circumstances of the case,
that it is just to do so, the Court may reduce the amount for which
it was ordered that the surety or sureties shall be bound, or
dispense with the surety or sureties, or otherwise deal with the
case as the Court may think just.
91. (1) Where any person has been committed to prison by Right of person
the Court for non-payment of any sum of money adjudged to be
imprisoned in
default to be
paid by an order, such person may pay or cause to be paid to the released on
paying sum, etc.
Keeper the sum mentioned in the warrant of commitment,
together with the amount of the costs, charges, and expenses, if
any, also mentioned therein, and the Keeper shall receive the
same and thereupon discharge such person, unless he is in his
custody for some other matter.
(2) Where a term of imprisonment is imposed by the
Court for non-payment of any sum adjudged to be paid by an
order, that term shall, on payment of a part of such sum to the
Court or to the Keeper, be reduced by a number of days bearing as
nearly as possible the same proportion to the total number of days
in the term as the sum paid bears to the sum adjudged to be paid.
(3) In any case where, under subsection (2), a sum has
been received in part satisfaction of a sum due from a prisoner in
consequence of the conviction of the Court, such sum shall be
applied, firstly, towards the payment in full or in part of any costs
or damages or compensation which the Court may have ordered
to be paid to the complainant and, secondly, towards the payment
of the fine, if any, imposed on the prisoner.
92. Where the defendant, having been convicted of the offence Determination
with which he was charged, has paid the sum of money adjudged to
of liability of
defendant on
be paid by the order, or has been discharged therefrom by the
satisfaction of
or discharge
President, or has undergone imprisonment for non-payment thereof from order.


or imprisonment adjudged in the first instance, or both, or has

been discharged from his conviction in manner aforesaid, he shall
be released from all other criminal proceedings for the same
matter. Nothing in this section shall affect the further liability of
any person in respect of any continuing or recurring offence.
SUMMARY ORDER
Summary order 93. (1) Where a power is by any written law given to the
Court of requiring any person to do or to abstain from doing any
to do specific
act.
[3 of 1980].
Third Schedule. act or thing, other than the payment of money or of requiring any
Form 15. act or thing to be done or left undone, other than the payment of
money, and no mode is prescribed of enforcing such requisition,
the Court may exercise such power by an order, and may annex
to the order any condition as to time or mode of action or
otherwise which the Court may think just; and the Court may
suspend or rescind the order on such undertaking being given, or
such condition being performed, as the Court may think just, and
generally may make such arrangements for carrying into effect
the power as the Court may think fit.
Third Schedule. (2) Every person who makes default in complying with
an order of the Court in relation to any matter arising under a
Form 13.
written law, other than the payment of money, shall be punished

in the manner prescribed by such written law, or if no punishment
is so prescribed, may, in the discretion of the Court, be ordered to
pay a sum not exceeding forty dollars for every day during which
he is in default or to be imprisoned until he has remedied his
default. However, a person shall not, for non-compliance with the
requisition of the Court, whether made by one or more orders, to
do or to abstain from doing any act or thing, be liable under this
section to the payment of any sums amounting in the aggregate
to more than one thousand dollars, or to imprisonment for any
periods amounting in the aggregate to more than two months.
(3) In making any such order as provided above, the
Court may direct that, in default of compliance with the order, the
defendant shall pay to the complainant such sum as the Court
may award as a fair compensation to him for such default, and
UNOFFICIAL VERSION


that, in default of the payment of such sum, the defendant shall

be imprisoned for any term not exceeding the term prescribed in
respect of a like sum in the scale of imprisonment set forth in
section 68.
PART VI

94. (1) Where, upon the holding of any preliminary enquiry Power to reduce
on a charge of an indictable offence, the Magistrate is of opinion

charge from
indictable to
that the evidence establishes, or appears likely to establish, the summary
offence.
commission of a summary offence of a like kind to the offence [172/1961
charged, the Magistrate may, if he thinks fit, and unless the

8/1962
136/1976].
Director of Public Prosecutions otherwise directs, inform the
accused person accordingly, and all further proceedings in the
case thereafter shall be the same as if a complaint had been made
against such person for such latter offence.
(2) The Magistrate, without prejudice to any other Power to
power which he may possess, may, for the purpose of
remand person
charged.
ascertaining whether it is expedient to deal with a case
summarily, either before or during the hearing of the case,
adjourn the case and remand the person charged.
(3) A person may be remanded under this section in like
manner in all respects as a person accused of an indictable
offence may be remanded.
95. Where any charge of an indictable offence is being Director of

proceeded with summarily under this Act, the Director of Public
Public
Prosecutions
Prosecutions may at any time before the decision of the case, by may require
order in writing under his hand, require the Magistrate to

case to be
adjourned or
adjourn the case or to deal with it as one for trial on indictment,

dealt with
specially.
and on receipt of such requisition the Magistrate shall deal with [172/1961
8/1962
the case accordingly. 136/1976].
96. A Magistrate shall at any time before the decision of the Magistrate to
case at the request of any person in charge of any prosecution,

adjourn case on
request of
adjourn the hearing of any charge involving an indictable offence
prosecutor.
[172/l961
punishable on summary conviction, in order that the Director of 8/1962
136/1976].


Public Prosecutions may be consulted with a view to obtaining an

order as mentioned in section 95 to have the case dealt with as
one for trial on indictment.
General 97. Where an indictable offence is, under the circumstances

mentioned in this Act, authorised to be dealt with summarily—
provisions as to
dealing
(a) the procedure shall, until the Court assumes the
summarily with
indictable
offences.
power to deal with the offence summarily, be the
same in all respects as if the offence were to be
dealt with throughout as an indictable offence,
but when and so soon as the Court assumes the
power to deal with such offence summarily, the
procedure shall be the same, from and after that
period, as if the offence were a summary offence
and not an indictable offence, and the provisions
of this Act shall apply accordingly; but nothing
herein contained shall be construed to prevent the
Court from dealing thereafter with the offence as
an indictable offence, if it thinks fit to do so;
(b) the evidence of any witness taken before the
Court assumed the power to deal with the offence
summarily need not be taken again, but every
such witness shall, if the defendant so requires it,
be recalled for the purpose of cross-examination;
(c) the conviction for any such offence shall be of
the same effect as a conviction on a trial on
indictment for the offence;
(d) the conviction shall contain a statement as to the
plea of guilty of an adult, but it shall not be
necessary to the validity or regularity of any
conviction or committal in respect of an
indictable offence under this Act that the same
should contain any averment or statement, of the
consent of the person charged or his guardian to
any offence being dealt with summarily by the
Court. However, in every case in which the
Court so deals summarily with an offence by
UNOFFICIAL VERSION


consent of the person charged, a note of such

consent having been given, and of the person by
whom it has been given, shall be taken by the
Magistrate or his Clerk.
98. Where the Court being authorised to deal summarily with Issue of order
an indictable offence has assumed such power, and dismisses the

of dismissal on
summary trial of
complaint on the merits, it shall, if required, deliver to the person
indictable
offence.
charged, a copy, certified under the hand of the Magistrate, of the
order of dismissal, and such dismissal shall be of the same effect
as an acquittal on a trial on indictment for the offence. This,
however, shall not prejudice the complainant’s right of appeal
under Part VIII.
99. (1) Where a child or young person is brought before a Procedure for
Court for any offence the Court shall as soon as possible explain
summary trial of
child or young
to him in simple language the substance of the alleged offence.
person charged
with an offence.
Third Schedule.
(2) Where a child is charged before a Court for any offence Form 38.
Form 39.
other than murder or manslaughter the case shall be dealt with Form 40.
summarily and it shall not be necessary to ask the parent or guardian

of the child if he consents to the child being dealt with summarily.
(3) Where a young person is charged before a Court
with an indictable offence other than murder or manslaughter and
the Court becomes satisfied at any time during the hearing of the
case that it is expedient to deal with it summarily, the Court shall
put to the young person the following or a similar question,
telling him that he may consult his parent or guardian before
replying—“Do you wish to be tried by this Court or by a jury”?
and the Court shall explain to the young person and to his parent
or guardian the meaning of being so tried and the place where the
trial would be held.
(4) After explaining the substance of the alleged offence
the Court shall ask the child or the young person (except in cases
where the young person does not consent to be tried summarily)
whether he admits the offence.


(5) If the child or young person does not admit the

offence the Court shall then hear the evidence of the witnesses in
support of the charge. At the close of the evidence in chief of each
such witness the child or young person shall be asked if he wishes
to put any questions to the witness.
If the child or young person instead of asking questions wishes
to make a statement he shall be allowed to do so.
The Court shall put to the witnesses such questions as appear
to be necessary. The Court may put to the child or young person
such questions as may be necessary to explain anything in the
statement of the child or young person.
(6) If it appears to the Court that a prima facie case is
made out, the evidence of any witnesses for the defence shall be
heard and the child or young person shall be allowed to give
evidence or to make any statement.
(7) If the child or young person admits the offence or the
Court is satisfied that it is proved, he shall then be asked if he
desires to say anything in extenuation or mitigation of the penalty
or otherwise. Before deciding how to deal with him the Court
shall obtain such information as to his general conduct, home
surroundings, school record, and medical history, as may enable
it to deal with the case in the best interests of the child or young
person, and may put to him any question arising out of such
information. For the purpose of obtaining such information or for
special medical examination or observation the Court may, from
time to time, remand the child or young person on bail or to a
Ch. 46:01. place of detention provided under section 84 of the Children Act.
(8) If the child or young person admits the offence or the
Court is satisfied that it is proved, and the Court decides that a
remand is necessary for purposes of enquiry or observation, the
Court may cause an entry to be made in the Court Register that
the charge is proved and that the child or young person has been
remanded. The Court before which a child or young person so
remanded is brought may, without further proof of the
commission of the offence, make any order in respect of the child
or young person which could have been made by the Court which
so remanded the child or young person.
UNOFFICIAL VERSION


100. (1) The following provisions of this section shall have Summary trial
effect where an adult appears or is brought before a Court on a
of complaint
against adult for
complaint charging him with any of the indictable offences
certain
indictable
specified in the Second Schedule. offences.
[18 of 1957
(2) If at any time during the preliminary enquiry into the

136/1976
3 of 1980
offence it appears to the Court, having regard to any

16 of 1989
6 of 2004
representations made in the presence of the accused by or on
12 of 2012].
Second
behalf of the prosecutor or made by the accused, and to the nature
Schedule.
of the case, that the punishment that the Court has power to inflict
under this section would be adequate and that the circumstances
do not make the offence one of serious character and do not for
other reasons require trial on indictment, the Court may proceed
with a view to summary trial.
(3) For the purpose of proceeding as aforesaid, the Court
shall cause the charge to be written down, if this has not already
been done, and read to the accused, and shall inform him that he
may, if he consents, be tried summarily instead of being tried by
a jury and explain what is meant by being tried summarily.
(4) After informing the accused as provided by Third Schedule.
subsection (3), the Court shall ask him whether he wishes to be

Form 41.
Form 42.
tried by a jury or consents to be tried summarily, and, if he

Form 43.
consents, shall proceed to the summary trial of the complaint.

(5) A person summarily convicted of an indictable
offence under this section is liable to a fine of twenty thousand
dollars or imprisonment for five years; but such person shall not
be liable to any greater penalty than the maximum penalty to
which he would be liable if he had been convicted on indictment.
(5A) Subsection (5) shall not apply in relation to the
penalty for the offence of kidnapping.
(6) Nothing in this section shall be construed as
affecting the powers of the Director of Public Prosecutions
under section 95 or the obligation of the Court to adjourn under
section 96.


(7) Where any person is convicted under this section of

an offence of inciting to commit a summary conviction offence,
he shall not be liable to any greater penalty than he would be liable
to on being summarily convicted of the last-mentioned offence.
(8) Where a person is convicted under this section of
attempting or inciting to commit an offence that is both an
indictable offence and a summary offence, he shall not be liable
to any greater penalty than he would be liable to if he had been
originally charged summarily with the completed offence.
(9) In this section the expression “adult” means a person
who is, in the opinion of the Court before which he is tried, of the
age of eighteen years or upwards.
PART VII
MISCELLANEOUS PROVISIONS
OWNERSHIP OF PROPERTY
Mode of stating 101. (1) Where, in any document in any proceeding under
this Act, it is necessary to state the ownership of any property
ownership of
property of
partners, etc.
whatsoever, whether movable or immovable, which belongs to or
is in the possession of more than one person, it shall be sufficient
to name one of such persons, and to state such property to belong
to the person so named and another or others, as the case may be.
(2) Where in any such document, it is necessary to
mention, for any purpose whatsoever, any partners or other joint
owners or possessors, it shall be sufficient to describe them in the
manner mentioned above.
(3) This section shall be construed to extend to all
companies and associations, societies and trustees, but property
may be described as belonging to any company or association by
its legal or registered title.
(4) Where any property is, in any such document,
described as being in any company, association, or society by its
registered title, proof of the registration of the company, association,
or society shall not be required unless the Court decides that such
UNOFFICIAL VERSION


proof shall be given; in which case the further hearing shall be

adjourned for the purpose on such terms as the Court may direct;
or the Court may, in its discretion, amend the proceedings by
substituting the name of some person or persons for the name of
such company, association, or society.
102. Where, in any document in any proceeding under this Mode of stating
Act, it is necessary to state the ownership of any building set
ownership.
[85 of 2000].
apart for religious worship or of anything belonging to or being
in the same, it shall be sufficient to state that such building, or
such thing is the property of any religious head or official
officiating therein, without naming him or them.
103. (1) Where, in any document in any proceeding under Mode of stating
ownership of
this Act, it is necessary to state the ownership of any money or public property.
other property whatsoever in the charge, custody, or under the

control of any public officer and which is alleged to have been
stolen, embezzled, or otherwise misappropriated, or in respect of
which any offence punishable on summary conviction is alleged
to have been committed, it shall be sufficient to state such money
or property to be the money or property of the Government.
(2) Where, in any document in any proceeding under
this Act, it is necessary to state the ownership of any work or
building made, erected, or maintained, either wholly or in part,
at the expense of the inhabitants of Trinidad and Tobago or of
any city, town, or village thereof, or of anything belonging to or
being in or used in relation to the same, or of anything provided
for the use of the poor or of any public institution or
establishment, or of any materials or tools provided or used for
repairing any such work or building or any public road or
highway, or of any other property whatsoever, whether movable
or immovable, of such inhabitants, it shall be sufficient to state
that such property is the property of the inhabitants of Trinidad
and Tobago or of the city, town, or village, as the case may be,
without naming any of the inhabitants.


ARREST
Arrest of 104. Any person who is found committing any summary

offence may be taken into custody, without warrant, by any
offender in
certain cases.
constable, or may be apprehended by the owner of the property
on or with respect to which any such offence is committed, or by
his servant or any other person authorised by him, and shall in the
latter case be delivered as soon as possible into the custody of any
constable to be dealt with according to law.
Procedure 105. On a person being taken into custody for a summary
offence without a warrant, any police officer of or above the rank
where offender
is taken into
custody without
of corporal may in any case, and shall, if it will not be practicable
to bring such person before a Magistrate or Justice within twenty-
warrant.
[18 of 1994].
four hours after he was so taken into custody, enquire into the
case, and, unless the offence appears to such police officer to be
Ch. 4:60. of a serious nature, grant him bail in accordance with the Bail Act,
subject to a duty to appear before a Court at such time and place
as the police officer appoints; but where such person is retained in
custody he shall be brought before a Court of summary
jurisdiction as soon as practicable.
Form and 106. (1) Every warrant of arrest issued under this Act, or, unless
requisites of
the contrary is expressly provided, under any other written law
relating to summary offences, shall bear the date of the day of issue,
warrant of
arrest.
and shall be signed by the Magistrate or Justice by whom it is issued.
(2) No such warrant shall be signed in blank.
(3) No such warrant shall be issued without an
information or other statement in writing and upon oath.
(4) Every such warrant shall be directed to all constables.
(5) Every such warrant may be executed by any constable.
(6) Every such warrant shall state concisely the offence
or matter for which it is issued, and shall name or otherwise
describe the person to be arrested, and it shall order the constables
to whom it is directed to apprehend such person and bring him
before the Court to answer the said information or statement, or to
testify, or otherwise, according to the circumstances of the case,
and to be further dealt with according to law.
UNOFFICIAL VERSION


(7) It shall not be necessary to make any such warrant

returnable at any particular time, but the same shall remain in
force until it is executed.
107. (1) A Magistrate or Justice on issuing a warrant for the Warrant
arrest of any person may grant him bail by endorsing the warrant
endorsed for
bail.
for bail in accordance with subsection (2).
[18 of 1994].
(2) A direction for bail endorsed on a warrant under

subsection (1) shall—
(a) state that the person arrested is to be released on
bail subject to a duty to appear before such
Court and at such time as may be specified in
the endorsement; and
(b) fix the amounts in which any surety is to be bound.
(3) Where a warrant has been endorsed for bail under
subsection (1), then, on the person referred to in the warrant being
taken to a police station on arrest under the warrant, the officer in
charge of the police station shall, subject to his approving any
surety tendered in compliance with the endorsement, release the
person from custody as directed in the endorsement.
108. (1) Any such warrant of apprehension may be issued Execution of
and executed on a Sunday.

warrant.
(2) The constable executing any such warrant shall,

before making the arrest, inform the person to be arrested that
there is a warrant for his apprehension, unless there is reasonable
cause for abstaining from giving such information on the ground
that it is likely to occasion escape, resistance, or rescue.
(3) Subject to the provision hereafter in this section
contained, it shall not be necessary for the constable executing any
such warrant to have the same in his possession; but if he has it, he
shall, upon request, show it to the person arrested or to be arrested.
(4) Every person arrested on any such warrant shall
be brought before the Court as soon as is practicable after he
is so arrested.


(5) Any constable authorised to execute any such

warrant may, for the purpose of executing it, either with or
without assistance from any other person or persons, break open
and enter any house, building, or enclosed place, if admittance
cannot otherwise be obtained; but in such case he shall be in
possession of the warrant, and before so doing he shall, as far as
practicable, notify his possession of the warrant.
Handcuffing. 109. A person arrested, whether with or without warrant, shall

not be handcuffed or otherwise bound, except in case of necessity,
or of reasonable apprehension of violence, or of attempt to escape,
or by order of the Court or of a Magistrate or Justice.
SEIZURE AND RESTITUTION OF PROPERTY
Seizure of 110. (1) The Court may order the seizure of any property which
there is reason to believe has been obtained by, or is the proceeds of,
property the
proceeds of
summary
any summary offence, or into which the proceeds of any summary
offence have been converted, and may direct that the same shall be
offence.
kept or sold, and that the same, or the proceeds thereof if sold, shall
be held as it directs, until some person establishes, to its satisfaction,
a right thereto. If within six months from the seizure no claim is
made, or no proceedings are commenced to substantiate a claim to
such property or to the proceeds thereof, then the same shall
become vested in the Comptroller of Accounts for the use of the
State and shall be disposed of accordingly.
Seizure of (2) The Court may order the seizure of any instruments,
materials, or things which there is reason to believe are provided
things intended
to be used in
commission of
or prepared, or being prepared, with a view to the commission of
any summary offence, and may direct the same to be held and
offence.
dealt with in the same manner as property seized under

subsection (1).
Enforcement of 111. Any order made under section 110 may be enforced by a
search warrant under this Act.
order of seizure.
Return of 112. (1) Where, upon the apprehension of any person charged
with a summary offence, any property is taken from him, a report
property found
upon person
apprehended.
shall be made by the police to the Court of the fact of such property
UNOFFICIAL VERSION


having been taken from such person and of the particulars of such
property, and the Court shall, if it is of opinion that such property,
or any portion thereof, can be returned consistently with the
interests of justice and the safe custody of the person charged,
order such property, or any portion thereof, to be returned to the
person charged or to such other persons as he may direct.
(2) Where, upon the apprehension of any person Money found
charged with a summary offence, any money is taken from him,
on person
apprehended.
the Court may, in its discretion, in case of the conviction of such
person, order such money, or any part thereof, to be applied to the
payment of any costs, or costs and compensation, directed to be
paid by such person.
113. (1) Subject as hereinafter provided, and to the Restitution of
provisions of the Pawnbrokers Act, where any person is

property on
conviction.
convicted of a summary offence, any property found in his
Third Schedule.
Form 47.
possession, or in the possession of any other person for him, may Ch. 84:05.
be ordered by the Court to be delivered to the person who appears

to the Court to be entitled to it or, if there is no such person, into
the Treasury for the use of Trinidad and Tobago.
(2) Nothing in this section shall prevent the Court from
ordering the return to any person charged with a summary offence,
or to any person named by the Court, of any property found in the
possession of the person so charged, or in the possession of any
other person for him, or any portion of that property, if the Court is
of opinion that such property or portion of that property can be
returned consistently with the interests of justice and with the safe
custody or otherwise of the person so charged.
KEEPING OF THE PEACE
114. (1) The power of a Court, upon complaint of any person, Order to keep
to adjudge a person to enter into a recognisance and find sureties

the peace—
procedure
to keep the peace or to be of good behaviour towards such first-
thereon.
Third Schedule.
mentioned person, shall be exercised by an order upon complaint. Form 16.
Form 32.
(2) This Act shall apply to the hearing of any such

complaint, and the complainant and the defendant and the witnesses


may be called and examined and cross-examined, and the

complainant and the defendant shall respectively be liable to the
payment of costs, or of costs and compensation, as in the case of
any other complaint.
(3) The Court may order the defendant, in default of
compliance with the order, to be imprisoned for six months.
Power to bind 115. The Court shall have power, in any complaint made for a
summary offence, whether the complaint is dismissed or the
parties to be of
good behaviour.
defendant is convicted, to order the complainant, defendant and
[45 of 1979].
any witness in the case, or all or any of them, with or without a

surety or sureties, to enter into a bond to be of good behaviour,
and may sentence any person who fails to comply with the order
to be imprisoned for three months, in addition to any other
punishment to which such person is liable.
SAVING OF VALIDITY OF PROCESS
Warrant of 116. The following provisions with respect to certain
proceedings in the Court shall have effect:
commitment.
(a) a warrant of commitment shall not be held void by

reason only of any defect therein, if it is therein
alleged that the offender has been convicted, or
ordered to do or to abstain from doing any act or
thing required to be done or left undone, and there
is a good and valid order to sustain the same;
Warrant of (b) a warrant of distress shall not be held void by
reason only of any defect therein, if it is therein
distress.
alleged that an Order has been made, and there is

a good and valid order to sustain the same; and a
person acting under a warrant of distress shall
not be deemed a trespasser from the beginning
by reason only of any defect in the warrant or of
any irregularity in the execution of the warrant;
but this provision shall not prejudice the right of
any person to satisfaction for any special damage
caused by any defect in or irregularity in the
execution of a warrant of distress;
UNOFFICIAL VERSION


(c) a summons or warrant or other process shall not Death of

be held void by reason of the Magistrate or
Magistrate or
Justice.
Justice who signed the same dying or ceasing to
hold office.
117. It shall not be competent for any person to impeach, in Barring of

any proceeding or in any other manner whatever, any order made
objection to
jurisdiction
by the Court on the hearing of a complaint, on the ground that the unless taken at
Court had no jurisdiction to make the order, unless such objection

hearing or when
order made.
was taken on the hearing of the complaint or at the time of the
making of the order.
118. (1) In any case in the Court, no variance between the Effect of
complaint or summons or warrant and the evidence adduced in
variance or
defect in
support thereof, as to the time at which the cause of complaint is proceedings.
alleged to have arisen, shall be deemed material, if it is proved

that such complaint was in fact made within the time limited by
law for making the same; and no variance between such
complaint or summons or warrant and the evidence adduced in
support thereof, as to the place in which the cause of complaint is
alleged to have arisen, shall be deemed material.
(2) No objection shall be taken or allowed, in any
proceeding in the Court, to any complaint, summons, warrant, or
other process for any alleged defect therein in substance or in
form, or for any variance between any complaint or summons
and the evidence adduced in support thereof.
(3) Where any variance or defect mentioned in this section
appears to the Court at the hearing to be such that the defendant has
been thereby deceived or misled, the Court may make any
necessary amendments, and, if it is expedient to do so, adjourn,
upon such terms as it may think fit, the further hearing of the case.
PROOF OF PROCESS
119. (1) In every proceeding in the Court in which it is Proof of service

necessary to prove the service of any summons, notice, order, or
of summons or
other process.
other process of the Court upon any person, it shall be deemed to Third Schedule.
be sufficient proof of such service if the person by whom such

Form 50.
process has been served is duly sworn, by and before any

Magistrate or Justice, to an affidavit of such service.


(2) Any such affidavit shall be received in evidence in

any proceeding in a Court without proof of the signature or of the
official character of the person making it or of the person before
whom it is made; and the onus of showing that any service
referred to in such affidavit was not made in accordance with the
tenor of the affidavit shall be on the party objecting.
(3) All such affidavits shall be numbered by the Clerk of
the Court consecutively in the order in which they are received,
and shall be filed as of record in the Court in which they are
entitled; and, in every case in which any such affidavit is used, it
shall be sufficient to note on the proceedings the number of such
affidavit and the Court in which it is filed.
Proof of 120. (1) Where upon the hearing of any complaint it is proposed
to prove against the defendant the fact of a former conviction,
previous
convictions.
production of a copy of the commitment certified under the hand of
the Commissioner of Prisons or production of the police register
book of persons convicted of crime, upon proof of the identity of the
person named therein, shall be sufficient proof that such person has
been convicted of the offence therein specified.
(2) Production of a certificate stating the substance and
effect of any conviction or order, omitting the formal parts
thereof, signed by the Clerk of the Peace or other officer having
the custody of the records of any Court, upon proof of the identity
of the person therein named, shall be sufficient proof of such
conviction or that the order therein specified has been made
against the person therein named.
(3) No proof need be given of the signature or official
character of any person signing such commitment or certificate
as mentioned above.
RECOGNISANCES
Taking of 121. Where a Magistrate or Justice has made an order directing

or allowing any recognisance to be taken, and it is not practicable
recognisance.
or convenient for him to attend at the time and place where the
recognisance is to be taken, any other Magistrate or Justice may
UNOFFICIAL VERSION


attend and take the recognisance, which shall thereafter have

effect and be dealt with in the same manner as if it had been taken
by the first-mentioned Magistrate or Justice.
122. A recognisance for the appearance of any person before Continuous

the Court may be conditioned for his appearance at every time
recognisance.
Third Schedule.
and place to which, during the course of the proceedings, the Form 29.
hearing may be from time to time adjourned, without prejudice,

however, to the power of the Court to vary the order at any
subsequent hearing.
123. (1) Where a recognisance to keep the peace or to be of Mode of

good behaviour has been entered into before a Court or any
enforcing
recognisance.
recognisance is conditioned for the appearance of a person before Third Schedule.
Form 33.
a Court or for his doing any other act or thing connected with a Form 36.
proceeding before a Court, and the recognisance appears to the

Form 37.
[18 of 1994].
Court to be forfeited, the Court may declare the recognisance to
be forfeited and adjudge the persons bound thereby, whether as
principal or surety, or any of them, to pay the sum in which they
are respectively bound.
(2) The Court which declares the recognisance to be
forfeited may, instead of adjudging any person to pay the whole
sum in which he is bound, adjudge him to pay part only of the
sum or remit the whole sum.
(3) Where a surety to a recognisance to keep the peace Enforcement of
or to be of good behaviour has reason to suspect that the person
recognisance to
be of good
bound as principal has been or is about to be guilty of conduct behaviour.
which was or would be a breach of the conditions of the

recognisance, he may make a complaint before any Justice
having jurisdiction either in the place in which the said person is
or is believed by the complainant to be or in the place where the
Court by which the recognisance was ordered to be entered into
was held, and that Justice may thereupon, if in his discretion he
thinks fit, issue a summons against the said person.
(4) The Court before which the said person appears in
answer to any such summons may, as it thinks fit, either order
him to enter into a fresh recognisance, with or without sureties,


or deal with him in the same manner as if he were a person who

had failed to comply with an order to enter into a recognisance
and find sureties to keep the peace or to be of good behaviour,
and shall in either case order that the first-mentioned
recognisance shall be discharged.
Where 124. (1) Where any recognisance is declared or adjudged to

be forfeited, any Magistrate or Justice having jurisdiction over the
recognisance
forfeited.
matter of the complaint may, forthwith or at any time after such

[18 of 1994].
declaration, issue a warrant of commitment against any person

liable, whether as principal or surety under such recognisance, for
any term not exceeding the term prescribed in respect of a like
sum in the scale of imprisonment set forth in section 68, unless the
amount due under such recognisance and the costs awarded
against the defendant, including the costs of the forfeiture, the
commitment and the conveying of such person to prison or the
levying of distress, as the case may be, if the Magistrate or Justice
thinks fit so to order (the amount being ascertained and stated in
the warrant), are sooner paid; but, at any time before the issue of
the warrant of commitment, the Magistrate or Justice may remit
the whole or any part of the sum either absolutely or on such
conditions as the Magistrate or Justice thinks fit.
(2) All sums paid or recovered in respect of any
recognisance declared or adjudged by the Court in pursuance of
this section to be forfeited shall be paid to the Clerk.
REWARDS
Rewards. 125. Subject to the provisions of any written law, the Minister
may award an amount not exceeding one-half of the net
proceeds of any penalty, seizure, or forfeiture, after the
deduction of all costs, charges, and expenses whatsoever, to or
among any person or persons who may have been concerned in
seizing, prosecuting, or giving information or assistance in the
matter, and, if there are more persons than one, in such
proportions as he may think fit.
UNOFFICIAL VERSION


REMISSIONS
126. (1) The President may remit, in whole or in part, any Power of the
sum of money which may be imposed as a penalty and as costs,
President as to
remission of
charges, and expenses in connection with such penalty, on any penalties, etc.,
person convicted of a summary offence, or of an offence

or as to
restoration of
summarily dealt with under this Act, although such money may
articles.
be, in whole or in part, payable into public funds for the use of
the State, or to some party other than the State, and may grant a
pardon to any person who may be imprisoned for non-payment of
any sum of money so imposed, although the same may be, in
whole or in part, payable into public funds for the use of the
State, or to some party other than the State.
(2) The President may order the restoration of anything
seized or detained in connection with a summary offence.
(3) Every such remission or restoration may be made in
such manner and subject to such terms and conditions as the
President may see fit to direct.
(4) Every person who accepts or acquiesces in any such Effect of
remission or restoration shall be debarred from having, maintaining,
acquiescence in
remission or
or continuing any action or suit in respect of any matter to which restoration.
such remission or restoration may relate, and no further proceedings

shall be taken against such person in relation to any such matter.
MEDICAL TESTIMONY
127. (1) Save as provided in subsection (2), where a medical Evidence of

practitioner being registered as a member of the Medical Board
medical witness.
[18 of 1957].
examines a person, or where a medical practitioner whose name
is entered in the Register of Provisional Medical Registration
examines a person in the hospital or institution at which such
medical practitioner is employed, any document purporting to be
a report under the hand of the medical practitioner on the
examination of the person—
(a) with respect to the nature and extent of any
injuries found by him on the examination;
(b) with respect to the nature of the instrument (if
any) with which the injuries were probably
inflicted; and


(c) with respect to the probable degree of force

which was used,
shall, if the report purports to have been made on the day of or
the day after such examination, be admissible, on the hearing of
a complaint for a summary offence or on the summary trial of an
indictable offence arising out of the said injuries, as evidence of
the matters contained in the report.
(2) The report shall not be admitted as evidence under
subsection (1) where—
(a) the Court ex proprio motu is of opinion that in
the circumstances of the case the report ought
not to be admitted as evidence; or
(b) the defence requests that the report be not so
admitted and the Court is satisfied that such
request is not made for the purpose of defeating
the ends of justice or for the purpose of vexation
or delay.
PART VIII*
APPEALS AND SPECIAL CASES

Right of appeal. 128. (1) Where a Court refuses to make a conviction or order,
the complainant may appeal to the Court of Appeal against
such decision.
(2) Where a Court makes a conviction or order, the party
against whom the conviction or order is made may appeal to the
Court of Appeal against such conviction or order.
Appellant in 128A. An appellant who is not granted bail shall, pending the
determination of his appeal, be treated in like manner as a
custody.
[29 of 1982
defendant in custody awaiting trial.
18 of 1994].
Right of 129. Where a right of appeal is given by any Act passed before
the commencement of this Act to any person whomsoever whether
appeal under
former Act.
*See Note on page 3 for validation of acts or things done or omitted to be done under this Part.
UNOFFICIAL VERSION


in respect of the conviction or order of any Magistrate or Justice

against such person or in respect of any refusal by any Magistrate
or Justice to convict or make an order against any defendant, then
and in every such case an appeal shall lie under this Act and the
proceedings upon such appeal shall be according to the Act.
*130. (1) An appeal shall be commenced by an appellant Notice of appeal

giving an oral or a written notice of appeal in accordance with
to be given.
[13 of 1986
subsection (2). 6 of 2004].
(2) Where an appellant gives—

(a) an oral notice of appeal it shall be immediately
reduced to writing by the Court, signed by the
appellant or his Attorney-at-law; or
(b) a written notice of appeal it shall be signed by
the appellant or his Attorney-at-law,
and given to the Clerk.
(3) The notice of appeal shall be given in every case
before the expiration of the fourteenth day after the day on which
the Court has made the order or given the refusal appealed against.
(4) Such notice shall be in the form set out as Form 1 or
Form 2 in the Fourth Schedule. Fourth
Schedule.
130A. (1) Upon an application by an appellant for an extension Extension of
of time to give notice of appeal under this Act, the Court of

time to appeal.
[6 of 2004].
Appeal may extend the time prescribed to give the notice of
appeal, on any terms and conditions as it considers just.
(2) The power granted under subsection (1) may be
exercised by a single Judge of the Court of Appeal.
130B. (1) Where notice of appeal has been given in accordance Reasons for
with section 130, the Magistrate or Justice shall within sixty days
decision to be
stated.
of the giving of such notice draw up and sign a statement of the
[13 of 1986].
reasons for his decision.
* See Note on page 3 for validation of giving of notice of appeal under section 130.


(2) The appellant and respondent shall be entitled upon

application to the Clerk to obtain a copy of the statement of the
Magistrate’s or Justice’s reasons for his decision.
Reasons for 131. An appellant shall, either at the time of giving a notice of
appeal, or at any time within ten days of the pronouncing of the
appeal.
decision, serve a written notice of reasons for appeal upon the Clerk.
Enumeration 132. A notice of reasons for appeal may set forth all or any of
the following reasons, and no others:
of admissible
reasons for
(a) that the Court had no jurisdiction in the case—
appeal.
Provided that the Court of Appeal shall not

entertain such reason for appeal, unless objection
to the jurisdiction of the Court has been formally
taken at some time during the progress of the case
and before the pronouncing of the decision; or
(b) that the Court has exceeded its jurisdiction in
the case; or
(c) that the Magistrate or Justice was personally
interested in the case; or
(d) that the Magistrate or Justice has acted corruptly
or maliciously in the case; or
(e) that the decision has been obtained by fraud; or
(f) that the case has been already heard or tried and
decided by, or forms the subject of a hearing or
trial pending before, some competent tribunal; or
(g) that the Court refuses to make a conviction or an
order, or that the appellant is not guilty, as the
case may be, either of which reasons shall
entitle the appellant to maintain—
(i) that legal evidence substantially affecting
the merits of the case has been rejected by
the Court; or
(ii) that illegal evidence has been admitted by
the Court and that there is not sufficient
legal evidence to sustain the decision after
rejecting such illegal evidence; or
UNOFFICIAL VERSION


(iii) that the decision is unreasonable or

cannot be supported having regard to the
evidence; or
(h) that the decision is erroneous in point of law; or
(i) that some other specific illegality, not
mentioned above, and substantially affecting the
merits of the case, has been committed in the
course of the proceedings in the case; or
(j) that the sentence imposed is unduly severe.
133. (1) An appellant shall, subject to the provisions of this Manner of
section, set forth in his notice of reasons for appeal the particular
setting forth
reasons for
matter on which he relies or of which he complains, in such manner
appeal.
as to inform the respondent thereof, as, for example, if he relies

upon the reason for appeal stated in section 132(f), the name of the
tribunal shall be stated, and, if a decision is alleged, the approximate
date of such decision shall be stated; if he relies upon the reason for
appeal stated in section 132(h), the nature of the error shall be
stated; and if he relies upon the reason for appeal stated in section
132(i) the illegality complained of shall be clearly specified.
(2) Where the reason for appeal given is that the
appellant is not guilty, no particulars need be stated.
133A. (1) Where an appellant, who is sentenced to a term of Bail to be

imprisonment for less than three months, has given notice of
granted to
appellant
appeal then, if he is in custody, the Magistrate or Justice whose sentenced to
less than three
decision is appealed against, or if that Magistrate or Justice is not months.
available some other Magistrate or Justice shall grant him bail.

[29 of 1982].
(2) Within nine days after the pronouncing of the

decision an appellant to whom subsection (1) applies shall, unless
he remains in custody under section 136, enter into a
recognisance with one or more sureties in such sum as the
Magistrate or Justice thinks sufficient acknowledged before him
and conditioned that the appellant appear before the Court of
Appeal and do not depart therefrom without leave and prosecute
the appeal and abide by the judgment of the Court of Appeal and
pay such costs as may be awarded by the Court of Appeal.


(3) A recognisance referred to in subsection (2) shall be

Form 3. in the form set out as Form 3 in the Fourth Schedule; but the
Court may consent to a deposit of money into Court from or on
Fourth
Schedule.
account of any person in lieu of such surety or sureties and in
such case, upon the deposit of the sum required by the Magistrate
or Justice, the appellant shall enter into a recognisance in the
Form 4.
Fourth
form set out as Form 4 in the Fourth Schedule.
Schedule.
(4) An appellant to whom this section applies may at
any time apply to a Judge of the High Court to review any
decision of a Magistrate or Justice granting bail under this
section; and on any such application the Judge may, in his
discretion, confirm or modify such decision, and thereupon the
appellant is not entitled to make a fresh application to any other
Judge of the High Court to review the decision of the
Magistrate or Justice.
Bail may be 134. (1) Where an appellant, who is sentenced to a term of
imprisonment for three months or more than three months, has
granted to
appellant
sentenced to
three or more given notice of appeal then, if he is in custody, the Magistrate or
than three Justice whose decision is appealed against, or if that Magistrate
or Justice is not available some other Magistrate or Justice may
months.
[29 of 1982].
in his discretion grant him bail.
(2) Where a Magistrate or Justice grants bail to an
appellant then, within nine days of such decision the appellant
shall, unless he remains in custody under section 136, enter into
a recognisance with one or more sureties in such sum as the
Magistrate or Justice thinks sufficient acknowledged before him
and conditioned that the appellant appear before the Court of
Appeal and do not depart therefrom without leave and prosecute
the appeal and abide by the judgment of the Court of Appeal and
pay such costs as may be awarded by the Court of Appeal.
(3) A recognisance referred to in subsection (2) shall be
Form 3. in the form set out as Form 3 in the Fourth Schedule; but the Court
may consent to a deposit of money into Court from or on account
Fourth
Schedule.
of any person in lieu of such surety or sureties and in such case,
upon the deposit of the sum required by the Magistrate or Justice,
the appellant shall enter into a recognisance in the form set out as
Form 4.
Fourth
Form 4 in the Fourth Schedule.
Schedule.
UNOFFICIAL VERSION


(4) An appellant to whom this section applies may at

any time apply to a Judge of the High Court to review any
decision of a Magistrate or Justice granting or refusing to grant
bail under this section; and on any such application the Judge
may, in his discretion, confirm, modify or reverse such decision,
and thereupon the appellant is not entitled to make a fresh
application to any other Judge of the High Court to review the
decision of the Magistrate or Justice.
135. (1) Upon notice of appeal being given and such Procedure after
recognisance as mentioned above being entered into, the
notice of appeal
given.
Magistrate or Justice before whom the recognisance is entered [13 of 1986
into shall release the appellant, and the Clerk shall, with all
18 of 1994].
convenient dispatch, transmit to the Registrar of the

Supreme Court—
(a) three copies of the record of the proceedings, the
notes of evidence and the statement of the
reasons for the decision of the Magistrate or
Justice duly certified under his hand; and
(b) all writings and other articles exhibited by the
witnesses or any of them inventoried and
labelled, or otherwise marked so that the same
may be identified on the hearing of the appeal.
(2) On receipt thereof the Registrar shall cause the appeal
to be entered for the next convenient sittings of the Court of Appeal
and shall notify the Clerk and the Clerk of Appeals thereof.
(3) After the Court of Appeal has pronounced judgment
on the appeal or made any order thereon under section 147 the
Registrar of the Supreme Court shall with all convenient dispatch
return to the Clerk the said exhibits.
(4) For the purposes of this Part the expression “Clerk of
Appeals” means the public officer whose official functions
include the receipt and despatch of notices of appeals.
136. (1) A defendant who has given notice of appeal and has Where
not been granted bail or is unable to find the necessary surety or
recognisance
not entered into.
sureties may prosecute his appeal without entering into a
[29 of 1982].


recognisance provided he remains in custody pending the hearing of

the appeal, and in such case the Magistrate or Justice shall, by
warrant under his hand, direct the appellant to be detained in
custody accordingly, notwithstanding that the appellant may have
been allowed time for payment of any pecuniary penalty, and shall,
in such warrant, intimate to the Keeper that notice has been given
of appeal.
(2) The appellant shall in such case be detained in
custody and may be taken without any fresh order or warrant in
custody of a constable to the Court of Appeal to attend the
hearing of the appeal.
(3) Notwithstanding anything contained in this section,
an appellant may, at any time before his appeal is heard, enter
into a recognisance in the form and subject to the conditions set
out in section 134, and thereupon he shall be liberated unless he
is in custody in respect of any other charge or matter.
Copy of notice 137. (1) The Clerk shall, in the prescribed manner, transmit
to or cause to be served upon the respondent or his Attorney-at-
to be sent to
respondent.
[13 of 1986]. law a copy certified under his hand of the notice of appeal, and
of the reasons for appeal.
(2) The Clerk of Appeals shall, when ascertained from
the Registrar, notify the appellant, and where the notice of
appeal has been signed by Attorney-at-law, his Attorney-at-law
and the respondent, of the day on which the appeal will in the
ordinary course of business be on the list for hearing before the
Court of Appeal.
*(3) Every notification required by this section to be
given by the Clerk of Appeals shall be in writing signed by him,
and may be transmitted—
(a) by ordinary post to the Attorney-at-law of the
appellant or respondent;
(b) by registered post to the Attorney-at-law or
appellant at the address appearing on the
*See rule 4 of the Summary Courts (Costs on Appeal) Rules (made under section 157) as to
alternative mode of service.
UNOFFICIAL VERSION


recognisance entered into by the appellant under

section 134; or
(c) by registered post to the respondent at his last
known place of abode,
and shall be deemed to have been served at the time when any
letter so transmitted would be delivered in the ordinary course of
the post.
138. (1) An appellant may serve written notice upon the Abandonment
Registrar that he abandons his appeal, and thereupon section 150(2)
of appeal.
[13 of 1986
shall apply. 6 of 2004].
(2) The Registrar shall give notice to the Clerk, the Clerk
of Appeals and to the respondent of the abandonment of the appeal.
HEARING AND JUDGMENT
139. (1) Where the appellant makes default in duly Where appellant
prosecuting his appeal, the Magistrate or Justice shall thereupon
makes default in
prosecuting
treat the recognisance as forfeited and deal with the same in appeal.
accordance with this Act.

(2) Where the appellant making such default has been
released from custody under section 135, and remains or
becomes liable to be kept in custody, the Magistrate or Justice
shall forthwith issue a warrant for his apprehension, in order that
he may be returned to prison accordingly.
140. (1) Where, on the day of hearing or at any adjournment Where appellant
of the case, the appellant does not appear, the case shall be struck
fails to appear.
out and the decision shall be affirmed, unless the Court of Appeal
thinks fit, for sufficient cause, to order otherwise.
(2) Where the respondent appears, the judgment shall
be with costs of the appeal against the appellant, unless the
Court of Appeal expressly orders otherwise; but if the
respondent does not appear, the costs of the appeal shall be in
the discretion of the Court.
141. (1) Where, on the day of hearing and at every adjournment Where appellant
of the case, the appellant appears, the Court of Appeal shall, whether
appears.


the respondent appears or not, proceed to the hearing or further

hearing and the determination of the case, and shall give
judgment according to the very right of the case without
regarding any imperfection or defect of form.
(2) Where it appears or is proved to the Court that the
appellant has not complied with the requirements contained
above with respect to the giving of notice of appeal, the Court
shall dismiss the appeal and affirm the decision, with or without
costs of appeal against the appellant. The Court may, however, in
its discretion, extend the time for service of notice of reasons for
appeal upon such conditions as it may think fit.
Appeal limited 142. On the hearing, it shall not be competent for the appellant
to go into, or to give evidence of, any other reasons for appeal
to reasons given
in notice.
than those set forth in his notice of reasons for appeal. However,
where in the opinion of the Court, other reasons for appeal than
those set forth in the notice of reasons for appeal should have
been given, or the statement of reasons is defective, the Court, in
its discretion, may allow such amendments of the notice of
reasons for appeal upon such conditions as to service upon the
respondent and as to costs as it may think fit.
Objections to 143. (1) No objection on account of any defect in the form of
setting out any reason for appeal shall be allowed, and no
form of reasons
for appeal.
objection to the reception of evidence offered in support of any
reason for appeal shall prevail, unless the Court of Appeal is of
opinion that the ground of appeal is so imperfectly or incorrectly
stated as to be insufficient to enable the respondent to enquire
into the subject matter or to prepare for the hearing.
(2) In any case where the Court is of opinion that any
objection to any reason for appeal or to the reception of evidence
in support of any reason for appeal ought to prevail, the Court
may, if it thinks fit, cause the reason for appeal forthwith to be
amended by the Registrar upon such terms and conditions, if any,
as the Court may think just.
Objections to 144. If, on the hearing, it appears that there is any defect in
form in the information or complaint, or any omission or mistake
complaint,
information,
in the drawing up of the conviction or order, and if it is shown to
conviction, or
Order.
UNOFFICIAL VERSION


the satisfaction of the Court of Appeal that there was sufficient

evidence before the Magistrate or Justice making such conviction
or order to have authorised the drawing up thereof free from such
omission or mistake, the Court shall amend such information or
complaint or such conviction or order and proceed as if no such
defect, omission, or mistake had existed. Nothing in this section,
however, shall affect the provisions of section 142.
145. On any appeal from a decision of a Court of summary Defects in

jurisdiction, no objection shall be taken or allowed to any
proceedings
under appeal.
proceeding in such Court for any defect or error which might have
been amended by such Court, or to any complaint, summons,
warrant, or other process to or of such Court for any alleged defect
therein in substance or in form, or for any variance between any
complaint or summons and the evidence adduced in support
thereof in such Court. If any error, defect, or variance mentioned
in this section appears to the Court of Appeal at the hearing of any
appeal to be such that the appellant has been thereby deceived or
misled, the Court of Appeal may either refer the case back to the
Magistrate or Justice with directions to rehear and determine the
same, or reverse the decision appealed from, or make such other
order for disposing of the case as justice may require.
146. No objection shall be taken or allowed, on any appeal, to Defects in

any notice of appeal which is in writing or to any recognisance
notice of appeal
or recognisance.
entered into under this Act, for the due prosecution of such appeal
for any alleged error or defect therein. However, if any such error
or defect appears to the Court of Appeal to be such that the
respondent on such appeal has been thereby deceived or misled,
the Court of Appeal may amend the same and, if it is expedient
to do so, also adjourn the further hearing of the appeal, the
amendment and the adjournment (if any) being made on such
terms as the Court may think just.
147. The Court of Appeal may, in any case where it may Power to the
consider it necessary that evidence should be adduced, either—
Court to take
evidence.
(a) order such evidence to be adduced before the
Court on some day to be fixed; or
(b) order such evidence to be given by affidavit; or


(c) refer the case back to the Magistrate or Justice to

take such evidence; and may in such case either
direct the Magistrate or Justice to adjudicate
afresh after taking such evidence and subject to
such directions in law, if any, as the Court may
think fit to give, or direct him, after taking such
evidence, to report specific findings of fact for
the information of the Court; and on any such
reference the case shall, so far as may be
practicable and necessary, be dealt with as if it
were being heard in the first instance.
Neglecting or 148. Every person who, being duly summoned to appear and
give evidence upon any appeal, neglects or refuses without
refusing to
appear when
summoned.
lawful excuse to appear at the time and place specified in the
summons, or who, having appeared, refuses without lawful
excuse to give evidence or to answer any question put to him by
the Court of Appeal, shall be liable, on the order of the Court of
Appeal, to a fine of one thousand dollars or to imprisonment for
three months.
Giving of 149. (1) On the conclusion of the hearing, the Court of
Appeal shall, either at the same or any subsequent sitting,
judgment.
pronounce judgment on the appeal.

Powers of Court (2) In giving judgment the Court of Appeal may—
(a) affirm, modify, amend, or reverse the decision,
in giving
judgment.
either in whole or in part, and, if the Court
thinks that a different sentence should have been
passed, quash the sentence passed by the
Magistrate or Justice and pass such other
sentence warranted in law (whether more or less
severe) in substitution therefor as the Court
thinks should have been passed;
(b) if any omission or mistake is made in drawing up
any order or judgment, and it is shown to the
satisfaction of the Court that sufficient grounds
were in proof before the Magistrate or Justice
making the order or giving the judgment to have
authorised the drawing up thereof free from such
UNOFFICIAL VERSION


omission or mistake, amend such order or

judgment and adjudicate thereupon as if no such
omission or mistake had existed;
(c) refer the case back to the Magistrate or Justice
with directions to rehear it, or otherwise to deal
with it as the Court may think just, and
thereafter either to return the case to the Court
for further hearing and determination, or to
determine it, as the Court may think fit, or refer
it back as mentioned in section 147; and in every
such case the provisions of paragraph (c) of
section 147 shall apply; or
(d) make such other order for disposing of the case
as justice may require.
(3) The Court of Appeal may, so far as may be necessary
for doing complete justice between the parties, review any order
made by the Magistrate or Justice.
150. (1) After the pronouncing of the judgment of the Court Enforcing of
of Appeal, and subject to this section, the Magistrate or Justice
judgment.
[6 of 2004].
from whom the appeal came shall have the same jurisdiction and Fourth
Schedule.
power to enforce, and shall enforce, any decision which may Form 5.
have been affirmed, modified, amended, or substituted by the

Court of Appeal, or any judgment which may have been
pronounced by the Court, in the same manner in all respects as if
such decision or judgment had been pronounced by himself.
Where, however, an order for the imprisonment of any person is
affirmed on appeal, whether with or without modification or
amendment, or where the Court of Appeal orders the
imprisonment of any person, the Court of Appeal may, if it
considers it expedient to do so, forthwith commit such person to
prison in pursuance and in execution of such order.
(2) The period of sentence of a person mentioned in
subsection (1) shall, whether or not he has appealed his sentence,
be counted—
(a) if he is not actually in custody, from the day on
which he is in actual custody in the prison in
which he is ordered to be imprisoned; or


(b) if he is actually in custody, from the day on

which he is in actual custody in the prison in
which he was ordered to be imprisoned pursuant
to the order of the Court, or from such day as the
Court of Appeal may determine.
COSTS
Frivolous and 151. If, on the hearing of an appeal, the Court of Appeal
adjudges the appeal to have been frivolous and vexatious, the
vexatious
appeals.
Attorney-at-law who has given notice of appeal shall be
personally liable to pay the taxed costs of the respondent, and in
such case, upon proof to the satisfaction of a Judge in Chambers
that execution against the appellant and his sureties (if any) has
not produced sufficient to realise the amount of the taxed costs,
then the Judge shall, on summons to be served on the Attorney-
at-law, make an order for the payment by the Attorney-at-law of
the balance of the costs remaining unpaid.
General power 152. Subject to the express provisions of this Act, the Court
of Appeal may make such order as to the costs of any case both
of the Court as
to costs.
in the Summary Court and in the Court of Appeal as it may
think just.
Costs in 153. Where an appeal is abandoned or withdrawn, the Court
of Appeal may, on proof of notice of appeal having been given to
abandonment or
withdrawal of
appeal.
the respondent, order that he shall receive such costs as the Court
may think fit, notwithstanding that the appeal has not been
entered or prosecuted.
Payment of 154. Where any order as to costs is made by the Court of
Appeal against either party to an appeal, such costs shall be
costs.
payable to the Registrar, and shall be paid over by him to the

party entitled, and, in the absence of any special direction of the
Court to the contrary, such costs shall be payable forthwith.
Enforcement of 155. If any such costs are not paid within the time limited by
this Act or ordered by the Court of Appeal the Registrar shall, on
order for costs.
Fourth
the application of the party entitled to such costs or of any person
Schedule.
Form 6.
duly authorised by him, grant to such party a certificate that such
costs have not been paid. Upon production of such certificate to
UNOFFICIAL VERSION


any Magistrate or Justice, the Magistrate or Justice shall enforce

the payment of such costs in the manner and subject to the
conditions laid down in section 82 with respect to a sum of
money adjudged to be paid by an order, or, if the costs are
ordered to be paid by the appellant, payment thereof may be
made by enforcing the recognisance entered into by the appellant
in the manner provided in this Act.
SPECIAL CASE
156. (1) After the hearing and determination of any Statement of

complaint, the Magistrate or Justice may, in his discretion, on the
case.
[172/1961
application of either party to such complaint or on his own
8/1962
136/1976
motion without such application, state a case on any point of law 45 of 1979
29 of 1982].
arising in the case for the opinion of the Court of Appeal. The
statement of facts in such case so stated shall, for the purpose of
the determination thereof, be conclusive.
(2) Sections 133A and 134 shall apply mutatis mutandis
with such modifications to a party who applies for the case stated
(hereafter called “the appellant”) under this section as they apply
to an appellant in those sections.
(3) If the appellant is granted bail, section 136 shall
apply mutatis mutandis with such modifications to such an
appellant as it applies to an appellant in that section.
(4) The case so stated shall be transmitted to the
Registrar of the Supreme Court in a similar manner and with the
same notice to the parties as in a case on appeal under this Act.
(5) Nothing herein contained shall be construed to
prevent either party in such a case appealing as to any
determination of fact or any question of law not raised in the case
stated by the Magistrate or Justice; but such appeal shall be in
such event independent of the case stated.
(6) The Director of Public Prosecutions may, by notice
in writing under his hand, require a Magistrate or Justice to state
a case on any point of law, and, on receipt of such notice, the
Magistrate or Justice shall state such case accordingly.


(7) The Court of Appeal may remit any case stated

under this section to the Magistrate or Justice stating the same for
further information from such Magistrate or Justice.
(8) The Court of Appeal shall hear and determine the
questions of law arising on the case stated, and the provisions of
this Act with respect to the hearing and judgment of appeals and
of all matters incidental thereto shall, so far as applicable, apply
to a case stated under this section.
PART IX
SUPPLEMENTARY
Rules. 157. The Rules Committee established by the Supreme Court
of Judicature Act may, subject to negative resolution of Parliament,
[45 of 1979].
Ch. 4:01.
make Rules for the practice and procedure of the Court of Appeal
with regard to appeals and special cases and may frame a table of
fees to be taken in respect of such appeals and special cases and of
the costs that may be allowed to any party to any appeal.
Application to 158. In any case where a Magistrate or Justice refuses to

entertain a complaint, the person aggrieved by such refusal may
Court to compel
Magistrate or
Justice to act.
obtain from the Magistrate or Justice a copy of the entry relating
to the refusal, and, on giving not less than three days’ previous
notice in writing thereof to the Magistrate or Justice, may make
application to the Court of Appeal for an order on the Magistrate
or Justice to entertain, hear, and determine the complaint, and, if
the Court sees fit to make such an order, the Magistrate or Justice
shall be bound forthwith to entertain, and thereafter to hear and
determine, the complaint in due course of law.
UNOFFICIAL VERSION


FIRST SCHEDULE Section 14.

[3 of 1994].
TABLE OF FEES
$ ¢
1. For a complaint under the Summary Ejection Ordinance*, Ch. 27. No. 17.
for each defendant … … … … … 5.00
2. For any other complaint, for each defendant … … 3.00
3. For each summons to a witness either for complainant or

defendant … … … … … … 1.00
4. For an application under the Adoption of Children Act … 10.00 Ch. 46:03.
5. For an application under the Family Law (Guardianship Ch. 46:08.

of Minors, Domicile and Maintenance) Act … … 3.00
6. For an application under the Domestic Violence Act … 3.00 Ch. 45:56.
7. For warrant of distress:

The cost of taking and keeping the distress together
with a charge of five per cent of the proceeds for
selling the goods.
*The Landlord and Tenant Act 1981 (Act No. 19 of 1981) repealed the Summary Ejectment
Ordinance (Ch. 27. No. 17) but up to the current Law Revision date of this Act, the Landlord
and Tenant Act 1981 had not yet been brought into operation.


†Section 100. *SECOND SCHEDULE

[18 of 1957
19 of 2005]. INDICTABLE OFFENCES FOR WHICH ADULTS MAY BE
TRIED BY CONSENT BY A SUMMARY COURT
Ch. 2:02. 1. Offences under section 17 of the House of Representatives (Powers
and Privileges) Act.
2. (a) Offences referred to in the following provisions of the Criminal

Ch. 11:01. Offences Act, that is to say:
Section 2 in so far as it relates to the offence of
kidnapping; section 4; section 5, except in so far as it relates
to blasphemy, blasphemous libel, conspiracy, sedition and
seditious libel; section 6; and section 7 except in so far as it
relates to conspiracy; and
(b) Offences under section 9 of that Act.
Ch. 11:05. 3. Offences under sections 3, 4 and 5 of the Riot Act.
4. Offences under sections 5, 6, 10, 11, 12, 14, 16, 17 and 19 of the
Ch. 11:15. Coinage Offences Act.
5. Offences under sections 14, 25, 26, 27, 28, 29, 30 and 62 of the
Ch. 11:08. Offences Against the Person Act.
6. Offences under sections 4, 5, 6, 7, 10, 11, 12, 13, 14(a), 15, 16, 17,
Ch. 11:12. 18, 19, 21, 23, 27, 28, 29 and 30, 34(1), 34(3), 35 and 44 of the Larceny Act.
Ch. 11:13. 7. Offences under section 4(2)(a) of the Forgery Act in relation to any
document being an authority or request for the payment of money or for the
delivery or transfer of goods and chattels, where the amount of the money or
the value of the goods or chattels does not exceed two thousand five hundred
dollars, and, under section 10(a) of the said Act; where the amount of the
money or the value of the property in respect of which the offence is
committed does not exceed two thousand five hundred dollars; offences under
sections 6 and 7 of the said Act; and under section 9 thereof in so far as the
said section 9 applies to the uttering of a forged document the forgery of which
is an offence triable summarily by virtue of this paragraph; offences under
sections 12 and 13 of the said Act.
*Section 5(5) of the Criminal Law Act (Ch. 10:04) provides that offences under subsection (1) of
that section (which relates to offences of impeding the apprehension or prosecution of
offenders), and incitement to commit them, shall be included in the Second Schedule to the
Summary Courts Act (Ch. 4:20) where that Schedule includes or is under any written law to be
treated as including the arrestable offence to which they relate.
†This section has been amended by: 11 of 1961; 97/1963; 53 of 1976; 45 of 1979; 3 of 1980;
27 of 1986; 11 of 1987; 16 of 1989; 27 of 1994; 28 of 1996 and 44 of 2000.
UNOFFICIAL VERSION


8. Offences under sections 8, 9, 10, 15, 17, 18, 19, 20, 23, 27, 28, 29,
32(1), 33, 34, 42, 45 and 46 of the Malicious Damage Act. Ch. 11:06.
*9. Offences under sections 3, 4 and 5 of the Prevention of Corruption Act. Ch. 11:11.
10. Offences under sections 5, 6, 7, 8 and 9 of the Perjury Act; and Ch. 11:14.
under section 10 thereof in so far as it relates to the said offences; offences
under section 11 of the said Act.
11. Offences under section 8 of the Children Act. Ch. 46:01.
12. (Deleted by Act No. 44 of 2000).
13. Offences under section 57 of the Mental Health Act. Ch. 28:02.
14. Offences under the Venereal Disease Act. Ch. 28:52.
15. Offences under section 47 of the Nurses and Midwives Ch. 29:53.
Registration Act.
16. Offences under sections 9 and 10 of the Cremation Act. Ch. 30:51.
17. Offences under section 16(8) of the Waterworks and Water Ch. 54:41.
Conservation Act.
18. Offences under section 22(1) of the Motor Vehicles Insurance Ch. 48:51.
(Third-Party Risks) Act.
†19. Offences under section 15 of the Aliens (Landholding) Act. Ch. 58:02.
20. Offences under sections 3 and 4 of the Foreign Labour Contracts Act. Ch. 88:11.
21. Offences under section 12 of the Truck Act. Ch. 88:07.
22. Offences under section 12 of the Mines, Borings and Quarries Act. Ch. 61:01.
23. Offences under section 39 of the Births and Deaths Registration Act. Ch. 44:01.
23A. Offences under sections 37, 38, 40 and 41 of the Marriage Act. Ch. 45:01.
23B. Offences under sections 21, 22 and 23 of the Hindu Marriage Act. Ch. 45:03.
24. Offences under sections 3 and 10 of the Merchandise Marks Act. Ch.82:82.
*The Prevention of Corruption Act (Ch. 11:11) has been repealed by Act No. 11 of 1987.
†The Aliens (Landholding) Act (Ch. 58:02) has been repealed by Act No. 16 of 1990.


Ch. 87:54. 25. Offences under section 132 of the Spirits and Spirit Compounds Act.
Ch. 76:01. 26. Offences under section 78 of the Stamp Duty Act.
Ch. 47:01. 27. Offences under sections 47, 48, 50 and 51 of the Post Office Act.
Ch. 54:70. 28. Offences under sections 71 and 72 of the Trinidad and Tobago
Electricity Commission Act.
Ch. 33:05. 29. Offences under section 51 of the Friendly Societies Housing
Corporation Act.
30. Any offence that is by virtue of any written law both an indictable
offence and a summary conviction offence.
Ch. 45:02. 30A. Offences under sections 26 and 27 of the Muslim Marriage and
Divorce Act.
31. Attempted suicide.
32. Aiding, abetting, counselling or procuring the commission of any

offence mentioned in the preceding paragraphs of this Schedule; attempting to
commit any such offence; and attempting to commit any offence which is both
an indictable offence and a summary offence.
33. Offences under sections 7, 8, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24
Ch. 11:28. of the Sexual Offences Act.
34. Any offence consisting in the incitement to commit a summary offence

or to commit any offence mentioned in paragraphs 1 to 33 of this Schedule.
UNOFFICIAL VERSION


THIRD SCHEDULE Part III

s. 33 et. seq.
[136/1976
FORMS FOR USE IN PROCEEDINGS RELATING 45/1979].
TO SUMMARY OFFENCES
TABLE OF FORMS
FORM
PART I
1. Complaint without oath.
2. Complaint upon oath.
PART II

3. Summons to defendant upon complaint.
4. Warrant of apprehension where defendant has disobeyed summons.
5. Warrant of apprehension of defendant in the first instance.
PART III
WITNESSES
6. Summons to witness.
7. Warrant of apprehension where witness has disobeyed summons.
8. Warrant for apprehension of witness in the first instance.
9. Warrant of commitment of witness for refusing to be sworn or to
give evidence.
PART IV
CONVICTIONS AND ORDERS

10. Conviction for penalty, and, in default of payment, imprisonment.
11. Conviction where the punishment is by imprisonment.
12. Conviction for penalty to be levied by distress, and, in default of
distress, imprisonment.
13. Order for payment of money, and, in default of payment,
imprisonment.
14. Order for payment of money to be levied by distress, and, in default
of distress, imprisonment.
15. Order for any other matter, where the disobeying of it is punishable
by imprisonment.


TABLE OF FORMS—Continued
FORM
16. Order to enter into recognisance to keep the peace and be of good
behaviour.
17. Order of dismissal of complaint.
PART V
WARRANTS OF DISTRESS
18. Warrant of distress on conviction for penalty.
19. Warrant of distress on order for payment of money.
PART VI
WARRANTS OF COMMITMENT
20. Warrant to remand defendant when apprehended.
21. Warrant of commitment of defendant for safe custody during an
adjournment.
22. Warrant of commitment on conviction for penalty in the first instance.
23. Warrant of commitment on conviction where the punishment is by
imprisonment.
24. Warrant of commitment on order in the first instance.
25. Warrant of commitment pending return to warrant of distress.
26. Warrant of commitment for want of distress.
27. Warrant of commitment on order where the disobeying of it is
punishable by imprisonment.
28. Warrant of commitment for non-payment of costs upon order of
dismissal of complaint.
28A. Warrant of commitment (cumulative term) on conviction for penalty
in the first instance.
28B. Security for payment of fine.
PART VII
RECOGNISANCES
29. Recognisance for appearance of defendant where the case is
adjourned or not at once proceeded with.
30. Notification to be made to defendant and his surety on entering into
such recognisance.
31. Recognisance for appearance, or for doing some other thing in, to, or
before, or in a proceeding in a Magistrate’s Court.
UNOFFICIAL VERSION


FORM
32. Recognisance to keep the peace and be of good behaviour, or not to

do or commit some act or thing.
33. Declaration of forfeiture of recognisance.
34. Summons to person bound by recognisance which is alleged to have
been forfeited by conviction of principal.
35. Adjudication of forfeiture of recognisance where person bound as
principal has been convicted of an offence which is a breach of
the condition.
36. Oral or written acknowledgment of undertaking to perform
condition or forfeited recognisance.
37. Order cancelling or mitigating forfeiture of recognisance.
PART VIII

38. Notice to parent or guardian of child charged with indictable offence.
39. Summary conviction of child for indictable offence.
40. Order of dismissal of child dealt with summarily for indictable offence.
41. Summary conviction (on plea of guilty) of adult for indictable offence.
42. Summary conviction (by consent) of adult for indictable offence.
43. Order of dismissal of adult dealt with summarily for indictable offence.
PART IX
MISCELLANEOUS FORMS
44. Certificate of dismissal of complaint.
45. Constable’s return to warrant of distress.
46. Constable’s account of costs and charges incurred in execution of
warrant of distress.
47. Order for restitution of property.
48. Search warrant.
49. Warrant for transfer of case.
50. Affidavit for use in proving service of process.
51. Return by Magistrate (or Justice), etc., of fines, penalties, etc., received.
52. Form of commitment for cumulative term of imprisonment.
FORMS
NOTE—The words in italics in the margin of a Form, or words to the like
effect, are to be used according to the circumstances of each case.


PART I
Section 33. FORM 1
COMPLAINT WITHOUT OATH

REPUBLIC OF TRINIDAD AND TOBAGO.
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
A.B., of ........................................................................................................
comes before me, the undersigned Magistrate [or Justice] for the
............................ District, and complains against C.D., of ....................... for
(1) State that the said C.D. (1) .................................... and the said A.B. prays that the
concisely the
substance of the said C.D. may be summoned to answer the said complaint.
complaint.
(Signed) ..........................................
(Complainant)
Before me this ............ day of ..................................., 20......., at .................
(Signed) ..........................................
(Magistrate or Justice)
UNOFFICIAL VERSION


FORM 2 Section 33.
COMPLAINT UPON OATH

County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
The complaint of A.B. of ............................................................................... (1) Or,
who saith on his oath (1) .............................. that C.D., of ............................ Affirmation.
(2) State
(2)................................ (3) ...................................... concisely the
substance of the
And the said A.B. prays that the said C.D. may be summoned to answer the complaint.
(3) Add, for the
said complaint (4) ..................................... (5) ................................... arrest of a
witness—
(Signed) ........................................... And he further
saith that E.F. of
(Complainant) ......can give
material
Taken before me this ......... day of ......................., 20....., at .............................. evidence, but is
not likely to
attend
(Signed) ........................................... voluntarily; or,
(Magistrate or Justice) and wilfully
avoids service
of the summons.
(4) Or, if a
warrant is
desired in the
first instance—
may be
apprehended for
the said offence,
and dealt with
according to
law.
(5) Or, for
sureties for the
peace—
And he makes
this complaint
for the safety of
his person and
property and not
from malice or
revenge against
the said C.D.
Add, for the
arrest of a
witness—
And he further
prays that E.F.
may be
apprehended
and brought
before the Court
to give evidence.


PART II

Section 42. FORM 3
SUMMONS TO DEFENDANT UPON COMPLAINT

County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To C.D., of .....................................................................................................
Whereas complaint has this day been made before me, the undersigned
Magistrate [or Justice] for the ........................................ District, for that you
(1) State (1) ........................ This is to command you to be and appear at ........... o’clock,
concisely the
substance of the ..................m., on .................. the .............. day of ........................, 20........., at
complaint. .............................. before the Magistrate [or Justice] in the said Court, to
answer the said complaint and to be further dealt with according to law.
Dated this ............. day of .............................., 20....................
(Signed) ..............................................
UNOFFICIAL VERSION


FORM 4 Section 44.
WARRANT OF APPREHENSION WHERE DEFENDANT

HAS DISOBEYED SUMMONS
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables.
Whereas on the ...................day of ..........................., 20............, complaint
was made before me, the undersigned Magistrate [or Justice] for the
........................... District, for that C.D. (1) ................................... And whereas (1) State
concisely the
I then issued my summons to the said C.D. commanding him to be and appear substance of the
[etc., as in the summons]; and whereas the said C.D. has neglected to be or complaint.
appear at the time and place so appointed in and by the said summons, although
it has been proved to me, upon oath, that the said summons has been duly served
upon the said C.D.,—This is to command you forthwith to apprehend the said
C.D. and to bring him before the Magistrate [or Justice] in the said Court, to
answer the said complaint, and to be further dealt with according to law.
Dated this ................. day of .............................., 20...............
(Signed) ............................................


Section 45. FORM 5
WARRANT FOR APPREHENSION OF DEFENDANT IN

THE FIRST INSTANCE
County of ........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables.
Whereas complaint has this day been laid before me, the undersigned
Magistrate [or Justice] for the ..................................... District, for that C.D.,
(1) State (1) .......................... and oath having been made before me substantiating the
concisely the
substance of the matter of such complaint: This is to command you forthwith to apprehend the
complaint. said C.D., and to bring him before the Magistrate [or Justice] in the said Court,
to answer the said complaint, and to be further dealt with according to law.
Dated this ................... day of..................................., 20.............
(Signed) ............................................
UNOFFICIAL VERSION


PART III
WITNESSES
FORM 6 Section 46.
SUMMONS TO WITNESS
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To E.F. of ..........................................................................................................
Whereas complaint has been made before me, the undersigned Magistrate [or
Justice] for the ..................... District, for that C.D. (1) ................... and it has (1) State
concisely the
been made to appear to me that you are likely to give material evidence on substance of the
behalf of the complainant (2) in this behalf: This is to require you to be and complaint.
(2) Or,
appear at ........... o’clock, .....................m., on .................. day, the ...... day defendant.
of......................, 20 ........., at ..................... before the Magistrate [or Justice]
in the said Court, to testify what you know concerning the matter of the
said complaint.
Dated this .................... day of ................................., 20 ...........
(Signed) ...........................................


Section 48. FORM 7
WARRANT OF APPREHENSION WHERE WITNESS

HAS DISOBEYED SUMMONS
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables.
Whereas complaint has been made before me, the undersigned Magistrate
(1) State [or Justice] for the ......................... District, for that C.D. (1) ........................
concisely the and it having been made to appear to me that E.F., of ....................................
substance of the
complaint. was likely to give material evidence on behalf of the complainant (2), I duly
(2) Or, issued my summons to the said E.F., requiring him to be and appear [etc., as
defendant.
(3) Or, that the in the summons]; And whereas the said E.F., has neglected to be and appear at
said E.F. the time and place so appointed in and by the said summons, and no just
excuse has been offered for such neglect; And whereas proof has been made
wilfully avoids
service of such
summons. before me, upon oath, that such summons has been duly served upon the said
(4) Or, is ready
to be paid or
E.F., (3), that the said E.F. is likely to give material evidence as aforesaid, and
tendered. that a reasonable sum has been paid or tendered (4) to him for his expenses in
this behalf: This is to command you forthwith to apprehend the said E.F., and
to bring him at .................. o’clock, .................. m., on ............................ day,
the ........... day of ......................, 20 ..........., at ....................... before the
Magistrate [or Justice] in the said Court, to testify what he knows concerning
the matter of the said complaint, and to be further dealt with according to law.
Dated this .............. day of ............................. , 20.............
(Signed) ............................................
UNOFFICIAL VERSION


FORM 8 Section 49.
WARRANT FOR APPREHENSION OF WITNESS IN

THE FIRST INSTANCE
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables.
[or Justice] for the ....................... District, for that C.D. (1) ........................... (1) State
concisely the
and it being made to appear to me, upon oath, that E.F., of ............................... substance of the
is likely to give material evidence on behalf of the complainant (2), and it is complaint.
(2) Or,
probable that the said E.F. will not attend to give evidence without being defendant.
compelled to do so: This is to command you forthwith to apprehend the said
E.F., and to bring him at ................ o’clock .............m., on ................ day, the
.......... day of ......................, 20......., at ....................... before the Magistrate [or
Justice] in the said Court, to testify what he knows concerning the matter of the
said complaint [or, information], and to be further dealt with according to law.
Dated this ............... day of .............................., 20...........
(Signed) .............................................


Section 53. FORM 9
WARRANT OF COMMITMENT OF WITNESS FOR

REFUSING TO BE SWORN OR TO GIVE EVIDENCE
County of ........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables and to the Keeper of .......................... Jail [or Prison].
(1) State [or Justice] for the ...................... District, for that C.D. (1) ......................... and
concisely the
substance of the one E.F. now appearing before me in the said Court on the ......................day
complaint. of ........................., 20........, at .............................. and, being required by me
(2) Or, to make oath (2) as a witness in that behalf, has refused so to do [or, being duly
Affirmation.
sworn as a witness in the matter of the said complaint has refused to answer
a certain question concerning the said matter which was put to him], without
offering any just excuse for his refusal:—This is to command you ..............
forthwith to convey the said E.F. to the ..................... [Jail] Prison, and there
deliver him to the Keeper of the said Prison, together with this warrant; And I
hereby command you, the said Keeper, to receive the said E.F. into your custody
in the said Prison, and there imprison him, for such his refusal for the term of
.......................... days, unless he shall in the meantime consent to do what was so
required of him; And for your so doing, this shall be your sufficient warrant.
Dated this .......... day of ...................., 20........
(Signed)............................................
UNOFFICIAL VERSION


PART IV
CONVICTIONS AND ORDERS

FORM 10 Section 68.
CONVICTION FOR PENALTY, AND IN DEFAULT OF

PAYMENT, IMPRISONMENT
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
The ..................... day of ......................................., 20..........

C.D. (hereinafter called the defendant) is this day convicted before the said
Court for that he (1).......................... And it is adjudged that the defendant do, (1) State
for his said offence, forfeit and pay the sum of (2) .................... to be paid and concisely the
substance of the
applied according to law; And do also pay to the said A.B. the sum of complaint.
(2) State the
.................. for his costs in this behalf; and if the said several sums be not paid penalty, and
forthwith (3) ........................ it is adjudged that the defendant be imprisoned in also the
compensation
the ........................... [Jail] Prison (4) ................... for the term of if any.
..............unless the said several sums shall be sooner paid. (3) Or, on or
before the ...
day of ... 20 ......
(4) Add, if it be
(Signed) ............................................. so, and there
kept to hard
(Magistrate or Justice) labour.


Section 68. FORM 11
CONVICTION WHERE THE PUNISHMENT

IS BY IMPRISONMENT
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
The ............................. day of ...................................., 20........

(1) State Court for that he (1)...................... And it is adjudged that the defendant be, for
concisely the
substance of the his said offence, imprisoned in the ................. [Jail] Prison (2) .............. for the
complaint. term of ................... And it is also adjudged that the defendant do pay to the said
(2) Add, if it be
so, and there A.B. the sum of ................... for his costs in this behalf; And if the said sum for
kept to hard
labour. costs be not paid forthwith (3) ................. then it is adjudged that the defendant
(3) Or, on or be imprisoned in the ................. [Jail] Prison (2) ............. for the term of
before the ..........
day of ................ ...................... to commence at and from the termination of his imprisonment
20.......... aforesaid, unless the said sum for costs shall be sooner paid.
(Signed) ............................................
UNOFFICIAL VERSION


FORM 12 Section 82.
CONVICTION FOR PENALTY TO BE LEVIED BY

DISTRESS, AND, IN DEFAULT OF DISTRESS,
IMPRISONMENT
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
The ................... day of .............................., 20...........
Court for that he (1) ............ And it is adjudged that the defendant do, for his (1) State
said offence, forfeit and pay the sum of (2) ................ to be paid and applied concisely the
substance of the
according to law; And do also pay to the said A.B. the sum of .......................... complaint.
(2) State the
for his costs in this behalf; And if the said several sums be not paid forthwith penalty, and
(3) .................. *it is ordered that the same be levied by distress and sale of the also the
compensation,
movable property of the defendant; And, in default of sufficient distress,* it is if any.
(3) Or, on or
adjudged that the defendant be imprisoned in the ......................... [Jail] Prison before the .......
(4) ........................ for the term of ............................ unless the several sums, day of ......
20.....
and all costs and charges of the said distress [and of the commitment] shall be (4) Add, if it be
sooner paid. so, and there
kept to hard
labour.
*Or, where the issuing of a distress warrant would be injurious to the defendant or his family, or
it appears that he has no movable property whereon to levy a distress, then, instead of the words
between the asterisks*, say, “then, inasmuch as it has now been made to appear to the said Court
that the issuing of a warrant of distress in this behalf would be more injurious to the defendant
or his family than imprisonment [or, that the defendant has no movable property whereon to levy
the said sums by distress] it is adjudged” [etc., as above, to the end].


Sections 68 and FORM 13

93.
ORDER FOR PAYMENT OF MONEY, AND, IN DEFAULT
OF PAYMENT, IMPRISONMENT
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
A.B. having made a complaint that C.D. (hereinafter called the defendant)
(1) State (1) ....................................................
concisely the
substance of the
complaint. And both the said parties having appeared before the said Court [or, the said
A.B. having appeared before the said Court, but the defendant although duly
called, not having appeared by himself or his Attorney-at-law; And it having
been satisfactorily proved to the said Court, upon oath, that the defendant has
been duly served with the summons in this behalf, which required him to be and
appear here on this day before the said Court to answer the said complaint, and
to be further dealt with according to law]; And now the Court having heard the
matter of the said complaint, it is adjudged that the defendant do pay to the said
(2) Or, on or A.B. the sum of .................... forthwith (2) ..................... And do also pay to the
said A.B. the sum of .................... for his costs in this behalf; And if the said
before the .......
day of ..... 20 ....,
or as the several sums be not paid forthwith (3) ........................ it is adjudged that the
enactment may
require. defendant be imprisoned in the ........................... [Jail] Prison (4) ................. for
(3) Or, on or
before the ........ the term of ......................... unless the said several sums, and all costs and
day of ......... charges of the commitment, shall be sooner paid.
20 ............
(4) Add, if it be
so, and there Dated this ............. day of .............................., 20...........
kept to hard
labour.
(Signed) .............................................
Magistrate or Justice
UNOFFICIAL VERSION


FORM 14 Section 82.
ORDER FOR PAYMENT OF MONEY TO BE LEVIED BY

DISTRESS, AND, IN DEFAULT OF DISTRESS,
IMPRISONMENT
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
A.B. having made a complaint that C.D. (hereinafter called the defendant) (1). (1) State
And both the said parties having appeared before the said Court [or, the said A.B.
concisely the
substance of the
having appeared before the said Court, but the defendant, although duly called, complaint.
not having appeared by himself or his Attorney-at-law; And it having been
satisfactorily proved to the said Court, upon oath, that the defendant has been
duly served with the summons in this behalf, which required him to be and appear
here on this day before the said Court to answer the said complaint, and to be
further dealt with according to law]; And now the Court having heard the matter
of the said complaint, it is adjudged that the defendant do pay the said A.B. the
sum of ............................. And do also pay to the said A.B. the sum of
........................... for his costs in this behalf; And if the said several sums be not
paid forthwith (2) ....................... *it is hereby ordered that the same be levied by (2) Or, on or
distress and sale of the movable property of the defendant; And, in default of
before the .........
day of ......
sufficient distress in that behalf,* it is adjudged that the defendant be imprisoned 20.....
in the ........................ Prison (3) ............................. for the term of ...................... (3) Add, if it be
unless the said several sums, and all costs and charges of the said distress [and of so, and there
kept to hard
the commitment] shall be sooner paid. labour.
Dated this ........................... day of ................................, 20............
(Signed) .............................................
between the asterisks*, say, “then, inasmuch as it has now been made to appear to the said Court
or his family than imprisonment [or, that the defendant has no movable property whereon to levy
the said sums by distress] it is adjudged” [etc., as above, to the end].


Section 93. FORM 15
ORDER FOR ANY OTHER MATTER, WHERE THE

DISOBEYING OF IT IS PUNISHABLE BY
IMPRISONMENT
County of .......................................................................................................
A.B. Complainant
v.
C. D. Defendant
(1) State
(1) ......................... And both the said parties having appeared before the said
concisely the Court [or, the said A.B. having appeared before the said Court, but the
substance of the
complaint. defendant, although duly called, not having appeared by himself or his Attorney-
at-law; And it having been satisfactorily proved to the said Court, upon oath,
that the defendant has been duly served with a summons in this behalf, which
required him to be and appear here on this day before the said Court to answer
the said complaint, and to be further dealt with according to law]; And now the
Court having heard the matter of the said complaint it is adjudged that the
defendant do [here state the matter required to be done]; And, if, upon a copy
of a minute of this order being served on the defendant, either personally or by
leaving the same for him at his last or most usual place of abode, he shall refuse
or neglect to obey the same, in that case it is adjudged that the defendant, for
(2) Add, if it be such his disobedience, be imprisoned in the ........................... [Jail] Prison (2)
so, and there
kept to hard ........................ for the term of .................. [unless the said order be sooner
labour. obeyed, if the written law authorises this]; And it is also adjudged that the
defendant do pay to the said A.B. the sum of ............................ for his costs in
(3) Or, on or this behalf; And if the said sum for costs be not paid forthwith (3)
before the .....
day of ......
.............................. it is adjudged that the defendant be imprisoned in the said
20..... Prison (2) .......................... for the term of ................. to commence at and from
the termination of his imprisonment aforesaid, unless the said sum for costs, and
all costs and charges of the commitment, shall be sooner paid.
Dated this ........... day of ..............................,20.............
(Signed) .............................................
UNOFFICIAL VERSION


FORM 16 Section 114.
ORDER TO ENTER INTO RECOGNISANCE TO KEEP

THE PEACE AND BE OF GOOD BEHAVIOUR
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
(1) ........................ And both the said parties having appeared before the said (1) State
concisely the
Court, and the Court having heard the matter of the said complaint, it is adjudged substance of the
that the defendant do forthwith to the satisfaction of ...................................... enter complaint.
into a recognisance in the sum of ...................................................... with
............................ surety ............................ in the sum of ........................ [each] to
keep the peace and be of good behaviour towards the State and all its people, and
especially towards the said A.B., for the term of ....................... And if the
complainant fails to comply with this order, it is adjudged that he be imprisoned in
the ...................... [Jail] Prison for the term of .......................... unless he sooner
complies with this order.
[If costs are ordered proceed as follows:] And it is also adjudged that the
defendant do pay to the said A.B. the sum of .................. for his costs in this
behalf; And if the said sum for costs be not paid forthwith (2) .......................... (2) Or, on or
it is adjudged that the defendant be imprisoned in the said Prison (3) ................
before the ...
day of ......
for the term of .................... to commence at and from the termination of his 20....... or by
instalments of,
imprisonment aforesaid, unless the said sum for costs, and all costs and etc.
charges of the commitment, shall be sooner paid. (3) Add, if it be
so, and there
kept to hard
Dated this .............. day of ..........................., 20...........
labour.
(Signed) ...............................................



67.
ORDER OF DISMISSAL OF COMPLAINT
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
(1) State (1) .............................. And both the said parties having appeared before the
said Court in order that it should hear and determine the said complaint or, [the
concisely the
substance of the
complaint. defendant having appeared before the said Court, but the said A.B. although
*If the
complainant duly called, not having appeared by himself or his Attorney-at-law] whereupon
does not appear,
these words may the matter of the said complaint being by the said Court duly considered, [it
be omitted. manifestly appears to the said Court that the said complaint is not proved, and*]
the Court therefore dismisses the same [and adjudges that the said A.B. do pay
to the defendant the sum of ........................ as compensation for his trouble and
expense in this behalf, and also the sum of .................... for his costs incurred
by him in his defence in this behalf: And if the said several sums be not paid
(2) Or, on or forthwith (2) ...................... it is adjudged that the said A.B. be imprisoned in
the ..................... [Jail] Prison (3) .................... for the term of .....................
before the
.......... day of
...... 20..... unless the said several sums, and all costs and charges of the commitment, shall
(3) Add, if it be
so, and there be sooner paid].
kept to hard
labour.
Dated this ........................ day of ..............................., 20 ...........
(Signed) ...............................................
UNOFFICIAL VERSION


PART V
WARRANTS OF DISTRESS
FORM 18 Section 82.
WARRANT OF DISTRESS ON CONVICTION

FOR PENALTY
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables.
Whereas C.D. (hereinafter called the defendant) was this day (1) ............ (1) Or, on or
convicted before the said Court for that he (2) .................. And it was thereby
before the
.......... day of
adjudged that the defendant should, for such his offence, forfeit and pay [etc., ...... 20.....
as in the conviction], and should also pay to the said A.B. the sum of (2) State
concisely the
.................. for his costs in that behalf; And it was thereby ordered that if the substance of the
said several sums should not be paid [forthwith], the same should be levied by complaint as in
distress and sale of the movable property of the defendant; And it was thereby the conviction.
also adjudged that, in default of sufficient distress, the defendant should be
imprisoned in the ....................... [Jail] Prison [and there kept to hard labour]
for the term of ........................ unless the said several sums, and all costs and
charges of the said distress [and of the commitment] should be sooner paid; And
whereas the defendant being so convicted as aforesaid, and being [now]
required to pay the said sums of ......................... and ...................... has not paid
the same or any part thereof, but therein has made default: This is to command
you forthwith to make distress of the movable property of the defendant (except
the wearing apparel and bedding of him and his family, and, to the value of two
hundred dollars, the tools and implements of this trade), And if, within the
space of * .............................. days next after the making of such distress, the
said sums, together with the reasonable charges of taking and keeping the said
distress, shall not be paid, then to sell the said movable property by you
distrained, and pay the money arising therefrom to [the Magistrate, Justice, or
other person specified] in order that it may be applied according to law, and that
the overplus, if any, may be rendered on demand to the defendant; And if no
such distress can be found, then to certify the same to the said Court, in order
that further proceedings may be had according to law.
Dated this ........................ day of ..............................., 20 ...........
(Signed) ...............................................
*NOTE—The property is not to be sold until after the expiration of three days next after the day
on which it is seized unless the defendant otherwise consents in writing.


Section 82. FORM 19
WARRANT OF DISTRESS ON ORDER FOR

PAYMENT OF MONEY
County of .......................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables.
Whereas on the ....... day of ........................., 20 .........., complaint was made
before me, the undersigned Magistrate [or, Justice] for the ........................
(1) State District, for that C.D. hereinafter called the defendant (1) ............................. and
concisely the
substance of the
both the said parties having appeared before the said Court [or as in the order];
complaint, as in And the said Court having considered the matter of the said complaint, it was
the order. adjudged that the defendant should pay to the said A.B. the sum of
......................... and should also pay to the said A.B. the sum of ...................... for
his costs in that behalf; And it was thereby ordered that if the said several sums
should not be paid on or before the .......... day of ....................., 20 ............., the
same should be levied by distress and sale of the movable property of the
defendant; And it was thereby also adjudged that, in default of sufficient distress
in that behalf, the defendant should be imprisoned in the ............... [Jail] Prison
[and there kept to hard labour] for the term of ................... unless the said several
sums, and all costs and charges of the distress [and of the commitment] should be
sooner paid; And whereas the time by the said order appointed for the payment
of the said several sums of ....................... and ....................... has elapsed, but the
defendant has not paid the same or any part thereof, but therein has made default:
This is to command you forthwith to make distress of the movable property of the
defendant (except the wearing apparel and bedding of him and his family, and, to
the value of two hundred dollars, the tools and implements of his trade); And if
within the space of * .............. days after the making of such distress, the said last-
mentioned sums, together with the reasonable charges of taking and keeping the
said distress, shall not be paid, then to sell the said movable property by you
distrained, and pay the money arising therefrom to [the Magistrate, Justice, or
other person specified] in order that it may be applied according to law, and that
the overplus, if any, may be rendered on demand to the defendant; And if no such
distress can be found, then to certify the same to the said Court, in order that
further proceedings may be had according to law.
Dated this ............... day of ....................., 20...........
(Signed) ................................................
*NOTE—The property is not to be sold until after the expiration of three days next after the day
on which it is seized unless the defendant otherwise consents in writing.
UNOFFICIAL VERSION


PART VI
WARRANTS OF COMMITMENT
FORM 20 Section 66.
WARRANT TO REMAND DEFENDANT

WHEN APPREHENDED
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables and to the Keeper of .......................[Jail] Prison.

Whereas on the ...................... day of ......................., 20 ........, complaint
was made before me, the undersigned Magistrate [or Justice] for the
...................... District, for that C.D. (1) .................... And whereas the said (1) State
C.D. has been apprehended under and by virtue of a warrant upon such concisely the
substance of the
complaint [or information], and is now brought before me as such Magistrate complaint.
[or Justice] as aforesaid: This is to command you forthwith to convey the said
C.D. to the ....................... [Jail] Prison, and there deliver him to the Keeper of
the said Prison, together with this warrant; And I hereby command you, the
said Keeper, to receive the said C.D. into your custody in the said Prison, and
there safely keep him until ...............day, the ....................... day of
......................... 20......, when you are hereby required to cause him, the said
C.D., to be conveyed and be at ...................at ...........o’clock, ................m., of
the same day, before the Magistrate [or Justice] in the said Court, to answer
the said complaint and to be further dealt with according to law.
Dated this ............. day of ........................, 20..........
(Signed) ................................................


Section 66. FORM 21
WARRANT OF COMMITMENT OF DEFENDANT FOR

SAFE CUSTODY DURING AN ADJOURNMENT
County of .........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables and to the Keeper of .....................[Jail] Prison.
Whereas on the .............. day of ........................., 20 ........, complaint was
made before me, the undersigned Magistrate [or Justice] for the
(1) State ............................. District, for that C.D. (1) ........................ And whereas the
concisely the
substance of the hearing of the same is adjourned to .............. day, the ................ day of
complaint. ..................., 20 ......, at ...............o’clock ............m., at ....................................
and it is necessary that the said C.D. should, in the meantime, be kept in safe
custody: This is to command you forthwith to convey the said C.D. to the
...................... [Jail] Prison, and there deliver him to the Keeper of the said
[Jail] Prison, together with this warrant: And I hereby command you, the said
Keeper, to receive the said C.D. into your custody in the said [Jail] Prison, and
there safely keep him until the said ...............day of ............................., 20 ......,
when you are hereby required to cause him, the said C.D., to be conveyed and
be at the time and place to which the said hearing is so adjourned as aforesaid,
before the Magistrate [or Justice] in the said Court, to answer further the said
complaint and to be further dealt with according to law.
Dated this .............. day of .................., 20.........
(Signed) ................................................
UNOFFICIAL VERSION


FORM 22 Section 86.
WARRANT OF COMMITMENT ON CONVICTION FOR

PENALTY IN THE FIRST INSTANCE
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables, and to the Keeper of .........................[Jail] Prison.
C.D. (hereinafter called the defendant) was this day convicted before the
said Court for that he (1) ............................ And it was thereby adjudged that (1) State
the defendant should, for such his offence, forfeit and pay the sum of
concisely the
substance of the
................................... [etc., as in the conviction], and should also pay to the complaint as in
the conviction.
said A.B. the sum of ................................. for his costs in that behalf; And it
was further adjudged that if the said several sums should not be paid forthwith
(2) ...................... the defendant should be imprisoned in the ............................. (2) Or, on or
[Jail] Prison (3) ........................ for the term of ...................... unless the said before the
.......... day of
several sums [and the costs and charges of the commitment] should be sooner ..... 20 .....
(3)Add, if it be
paid; And whereas the time by the said conviction appointed for the payment of so, and there
the said several sums has elapsed, but the defendant has not paid the same or any kept to hard
labour.
part thereof, but therein has made default: This is to command you to take the
defendant and him safely to convey to the said [Jail] Prison, and there deliver
him to the Keeper thereof together with this warrant; And I hereby command
you, the said Keeper, to receive the defendant into your custody in the said [Jail]
Prison and there imprison him (4) ..................... for the term of .............. unless (4) Add, if it be
so, and keep
the said several sums [and the costs and charges of the commitment, amounting him to hard
to the further sum of ...................] shall be sooner paid; And for your so doing, labour.
this shall be your sufficient warrant.
Dated this .................... day of .................................., 20 ............
(Signed) ................................................


Section 86. FORM 23
WARRANT OF COMMITMENT ON CONVICTION

WHERE THE PUNISHMENT IS BY IMPRISONMENT
County of ........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables, and to the Keeper of ......................[Jail] Prison.
C.D. (hereinafter called the defendant) was this day convicted before the
(1) State said Court for that he (1) ....................... And it was thereby adjudged that the
concisely the
substance of the defendant should, for such his offence, be imprisoned in the .......................
complaint as in [Jail] Prison (2) ................. for the term of ...................: This is to command you
the conviction.
(2) Add, if it be to take the defendant and him safely to convey to the said [Jail] Prison and
so, and there
kept to hard
there deliver him to the Keeper thereof, together with this warrant. And I hereby
labour. command you, the said Keeper, to receive the defendant into your custody in
(3) Add, if it be the said [Jail] Prison, and there imprison him (3) ......................... for the term
so, and keep
him to hard of ....................... And for your so doing, this shall be your sufficient warrant.
labour.
Dated this ......... day of ......................, 20............
(Signed) ................................................
UNOFFICIAL VERSION


FORM 24 Section 86.
WARRANT OF COMMITMENT ON ORDER IN

THE FIRST INSTANCE
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables, and to the Keeper of .....................[Jail] Prison.
Whereas on the ........... day of ........................., 20 ........, complaint was made
before me the undersigned Magistrate [or Justice] for the ................. District,
for that C.D. (1) ...................... And both the said parties having appeared (1) State
concisely the
before the said Court [or as it may be in the order]; And the said Court having substance of the
considered the matter of the said complaint, it was adjudged that the said C.D. complaint as in
the order.
should pay to the said A.B. the sum of ........................... and should also pay
to the said A.B. the sum of ..................... for his costs in that behalf; And it was
thereby also ordered that if the said several sums should not be paid on or
before the .......... day of ....................., 20........., the said C.D. should be
imprisoned in the ....................... [Jail] Prison (2) ...................... for the term of (2) Add, if it be
......................... unless the said several sums should be sooner paid; And so, and there
kept to hard
whereas the time by the said order appointed for the payment of the said labour.
several sums of money has elapsed, but the said C.D. has not paid the same or
any part thereof, but therein has made default: This is to command you, to take
the said C.D. and him safely to convey to the said [Jail] Prison, and there
deliver him to the Keeper thereof, together with this warrant; And I hereby
command you, the said Keeper, to receive the said C.D. into your custody in
the said [Jail] Prison, and there imprison him (3) ............................. for the (3) Add, if it be
term of ...................... unless the said several sums [and the costs and charges so, and keep
him to hard
of the commitment amounting to the further sum of ...........................] shall labour.
be sooner paid; And for your so doing, this shall be your sufficient warrant.
Dated this ......... day of .......................,20..........
(Signed) .................................................


Section 83. FORM 25
WARRANT OF COMMITMENT PENDING RETURN

TO WARRANT OF DISTRESS
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables, and to the Keeper of .................... [Jail] Prison.

C.D. (hereinafter called the defendant) was, on the ........................... day of
........................................, 20 ......, convicted before the said Court for that he
(1) State (1) .................. And whereas, default having been made in payment according
concisely the
substance of the to the said adjudication and order, a warrant of distress has been issued against
complaint as in the defendant in pursuance of the said conviction, but no return has been made
the conviction.
thereto; And whereas the defendant has not given security, to the satisfaction
of the Court, for his appearance at the time and place appointed for the return
of the said warrant of distress: This is to command you, to take the defendant
and him safely to convey to the .................... [Jail] Prison, and there deliver
him to the Keeper thereof, together with this warrant; And I hereby command
you, the said Keeper, to receive the defendant into your custody in the said
[Jail] Prison, and there safely keep him until ..................day, the ............... day
of ...................., 20 .........., being the day appointed for the return of the said
warrant of distress, unless he previously enters into a recognisance in the sum
of ....................... with surety in the sum of ............................... [each]
conditioned for his appearance on that day, and on that day, if he has not then
been released by virtue of having entered into such recognisance, to cause him
to be conveyed and be at .............................. at ............................ o’clock,
........................m., before the Magistrate [or Justice] in the said Court, to be
Dated this .................... day of ............................, 20.........
(Signed) ...............................................
UNOFFICIAL VERSION


FORM 26 Section 84.
WARRANT OF COMMITMENT FOR WANT OF

DISTRESS
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables, and to the Keeper of ........................[Jail] Prison.

Whereas, [etc., as in one of the warrants of distress in Part V, to “has made
default” and then thus:] And whereas afterwards, on the .............. day of
................, 20 ......., I, the said Magistrate [or Justice], issued a warrant to
................... commanding him to levy the said sums of ............... and ............. by
distress and sale of the movable property of the defendant; And whereas it appears
to me, as well by the return of the said Constable to the said warrant of distress as
otherwise, that the said Constable has made diligent search for the movable
property of the defendant, but that no sufficient distress whereon to levy the said
several sums could be found: This is to command you to take the defendant, and
him safely to convey to the .................. [Jail] Prison, and there deliver him to the
Keeper thereof, together with this warrant; And I hereby command you, the said
Keeper, to receive the defendant into your custody in the said [Jail] Prison, and
there imprison him (1) ................. for the term of .................. unless the said several (1) Add, if it be
so, and keep
sums, and all costs and charges of the said distress [and of the commitment] him to hard
amounting to the further sum of ........................ shall be sooner paid; And for your labour.
so doing, this shall be your sufficient warrant.
Dated this .............. day of ............................., 20............
(Signed) ................................................


FORM 27
WARRANT OF COMMITMENT ON ORDER WHERE
THE DISOBEYING OF IT IS PUNISHABLE
BY IMPRISONMENT
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables, and to the Keeper of ........................[Jail] Prison.
Whereas on the ........... day of .............................., 20 ............, complaint was
made before me, the undersigned Magistrate [or Justice] for the .............. District
(1) State for that C.D. (1) ............... And both the said parties having appeared before the
concisely the
substance of the
said Court [or as it may be in the order]; And the said Court having considered
complaint as in the matter of the said complaint, it was adjudged that the defendant should [etc.,
the order. as in the order]; And it was also adjudged that if, upon a copy of a minute of the
said order being served upon the defendant, either personally or by leaving the
same for him at his last or most usual place of abode, he should refuse or neglect
to obey the same, in such case the defendant should, for such his disobedience,
(2) Add, if it be be imprisoned in the ................ [Jail] Prison (2) ............. for the term of [unless
so, and there the said order should be sooner obeyed]; and it was also adjudged that the
defendant should pay to the said A.B. the sum of ................. for his costs in that
kept to hard
labour.
behalf; And it was ordered that if the said sum for costs should not be paid
(3) Or, on or forthwith (3) .............. the defendant should be imprisoned in the said [Jail]
before the Prison (2) ...................... for the term of ................. to commence at and from the
termination of his imprisonment aforesaid, unless the said sum for costs [and the
.......... day of
................
20....... costs and charges of the commitment] should be sooner paid; And whereas it is
now proved to me that, after the making of the said order, a copy of a minute
thereof was duly served upon the defendant, but he then refused [or neglected] to
obey the same, and has not as yet obeyed the same; And whereas the time
appointed by the said order for the said payment of the said sum for costs has
elapsed, but the defendant has not paid the same or any part thereof, but therein
has made default: This is to command you to take the defendant and him safely
to convey to the said [Jail] Prison, and there deliver him to the Keeper thereof,
together with this warrant; And I hereby command you the said Keeper, to receive
the defendant into your custody in the said [Jail] Prison, and there imprison him
(4) Add, if it be (4) ............. for the term of .............. And further, on the termination of his
so, and keep imprisonment aforesaid, to imprison him (4)............... for the term of ...................
him to hard unless the said sum for costs [and the costs and charges of the commitment,
amounting to the further sum of ............] shall be sooner paid; And for your so
labour.
doing, this shall be your sufficient warrant.

Dated this .................... day of ............................, 20.........
(Signed) ..................................................
UNOFFICIAL VERSION


FORM 28 Section 77.
WARRANT OF COMMITMENT FOR NON-PAYMENT OF

COSTS UPON ORDER OF DISMISSAL OF COMPLAINT
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables, and to the Keeper of ......................[Jail] Prison.

Whereas on the ............. day of ................................, 20.........., complaint
was made [or, information was laid] before me, the undersigned Magistrate [or
Justice] for the .................. District for that C.D. (1) ................ And both the said (1) State
parties having appeared before the said Court [or as it may be in the order]; And concisely the
substance of the
thereupon the matter of the said complaint [or information] having been by the complaint as in
the order.
said Court duly considered, and it manifestly appearing to the said Court that the
said complaint [or information] was not proved, the said Court therefore
dismissed the same, and adjudged that the said A.B. should pay to the said C.D.
the sum of .................................... for his costs incurred by him in his defence in
that behalf; And it was ordered that if the said sum for costs should not be paid
forthwith (2) ............ the said A.B. should be imprisoned in the ....................... (2) Or, on or
[Jail] Prison (3) ................................... for the term of ................................... before the.....
day of ...... 20.....
unless the said sum should be sooner paid; And whereas the time appointed by (3) Add, if it be
so, and there
the said order for the payment of the said sum has elapsed, but the said A.B. has kept to hard
not paid the same or any part thereof, but therein has made default: This is to labour.
command you to take the said A.B. and him safely to convey to the said [Jail]
Prison, and there deliver him to the Keeper thereof, together with this warrant;
And I hereby command you, the said Keeper, to receive the said A.B. into your
custody in the said [Jail] Prison, and there imprison him (4) ................................ (4) Add, if it be
for the term of ...................................unless the said sum [and the costs and so, and keep
him to hard
charges of the commitment, amounting to the further sum of .......................] shall labour.
be sooner paid; And for your so doing, this shall be your sufficient warrant.
Dated this .................... day of ............................, 20.........
(Signed) .................................................


Section 77. FORM 28A
WARRANT OF COMMITMENT (CUMULATIVE TERM)

ON CONVICTION FOR PENALTY IN THE
FIRST INSTANCE
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables, and to the Keeper of .......................[Jail] Prison.
............................ hereinafter called the defendant, was this day convicted
(1) State before the said Court for that he (1) ............................. And it was thereby
concisely the adjudged that the defendant should, for such his offence, forfeit and pay the
substance of the
complaint as in
sum of ......................... and it was ordered that if the said sum be not paid
the conviction. forthwith (2) ......................... the defendant should be imprisoned in the
(2) Or, on or .......................... [Jail] Prison and there kept to hard labour, for the term of
before the ... day
of ........... 20 ..... ........................ unless the said sum should be sooner paid; And it was also
adjudged that the defendant should pay to ........the sum of ..............................
as costs and compensation; And it was also ordered that if the said sum of
......................... be not paid forthwith (2) .........................the defendant should
be imprisoned in the said [Jail] Prison and there kept to hard labour for the
term of ......................... to commence at and from the termination of the
hereinbefore mentioned term of ........................... unless the said sum of
........................ should be sooner paid.
And whereas the time by the said conviction appointed for the payment of the
said several sums has elapsed, but the defendant has not paid the same or any
part thereof, but therein has made default: This is to command you to take the
defendant and him safely to convey to the said [Jail] Prison, and there deliver
him to the Keeper thereof, together with this warrant; and I hereby command
you, the said Keeper, to receive the defendant into your custody in the said [Jail]
Prison, and there imprison him and keep him to hard labour for the term of
............................ unless the said sum of ............................ (fine) shall be sooner
paid. And further on the termination of his imprisonment aforesaid to imprison
him and keep him to hard labour for the term of ........................... unless the said
sum of .................................. for costs and compensation shall be sooner paid;
And for so doing this shall be your sufficient warrant.
Dated this .................... day of ............................, 20.........
(Signed) .................................................
UNOFFICIAL VERSION


FORM 28B Section 81.
SECURITY FOR PAYMENT OF FINE

................................................................................................................. Court.
.............................. hereinafter called the defendant, was on the ............. day of
.............., 20 ........., by a certain conviction (or order) by the Court sitting at
.................. adjudged to pay the sum of .................... on or before the ........ day
of ...................., 20 ....... (or by instalments of .........................) the first
instalment to be paid forthwith (or on the ....................... day of
........................) and to give security for the due payment thereof and in default
of payment of the said sum in the manner specified to be imprisoned for the
space of ......................... with hard labour.
Now therefore, the defendant, and his/her surety (sureties) and .....................
of .................., hereby undertake that the defendant will pay the sum adjudged at
the time and in the manner thereby directed, and hereby severally acknowledge
themselves severally bound to forfeit and pay to the Clerk of the Peace at
...................... the said sum of ................... in case the defendant fails to perform
this undertaking or unless he shall sooner have served his term of imprisonment.
(Signed) ...............................................................
......................................................... (Defendant)
............................................................... (Surety)
............................................................... (Surety)
Taken and acknowledged before me at ...................... this .................... day

of ......................................, 20 ............
(Signed) .................................................


PART VII
RECOGNISANCES
122.
RECOGNISANCE FOR APPEARANCE OF DEFENDANT
WHERE THE CASE IS ADJOURNED OR NOT AT
ONCE PROCEEDED WITH
County of ...........................................................................................................
Be it remembered that on the .........day of ................................, 20.........,
C.D., of ................,and G.H., of ................personally came before me, the
undersigned Magistrate [or Justice] for the ........................... District, and
severally acknowledged themselves to owe to the State the several sums
following, namely, the said C.D., as principal, the sum of .................................
and the said G.H., as surety, the sum of ................................ to be levied on
their several movable and immovable property respectively, if the said C.D.
fails in the condition hereon endorsed.
Taken and acknowledged the day and year first above-mentioned before me.
(Signed) .................................................
CONDITION ENDORSED
The condition of the within written recognisance is such that if the within
bounden C.D. appears before the Magistrate [or Justice] in the said Court, on
......... day, the ......... day of .................., 20..........., at ..........o’clock,
...............m., at .......................... [and at every time and place to which during
the course of the proceedings against the said C.D., the hearing may be from
time to time adjourned] to answer further the complaint made against him by
A.B., and to be further dealt with according to law, then the said recognisance
shall be void, but otherwise shall remain in full force.
UNOFFICIAL VERSION


FORM 30 Section 66.
NOTIFICATION TO BE MADE TO DEFENDANT AND

HIS SURETY ON ENTERING INTO SUCH
RECOGNISANCE
Take notice that you, C.D., are bound, as principal, in the sum of ................. and
you G.H., as surety, in the sum of ............................that you, C.D., personally appear
on ..................... day, the ...................... day of ..................., 20........, at .................
o’clock, ......................m., at ..........................before the Magistrate [or Justice] in the
said Court to answer further a certain complaint of A.B. the further hearing of which
was adjourned to the said time and place, and to be further dealt with according to law,
and unless you, C.D., appear accordingly, the recognisance entered into by you, C.D.,
as principal, and by you, G.H., as his surety, will forthwith be levied on you severally.
Dated this .................... day of ............................, 20.........
(Signed) ..................................................


FORM 31
RECOGNISANCE FOR APPEARANCE, OR FOR DOING

SOME OTHER THING IN, TO, OR BEFORE, OR IN A
PROCEEDING IN A MAGISTRATE’S COURT
County of ...........................................................................................................
We, the undersigned C.D., of ..............., G.H., of ................, and J.K., of

.............................. severally acknowledge ourselves to owe to the State the
several sums following, namely, the said C.D., as principal, the sum of
.................................... and the said G.H. and J.K., as sureties, the sum of
...................................... each, to be levied on our several movable and immovable
property respectively, if the said C.D. fails in the condition hereon endorsed.
(Signed, where not taken orally)
...................................................... C.D.
...................................................... G.H.
....................................................... J.K.
Taken [orally] before me this .......... day of ......................, 20 ........
(Signed) ..................................................
NOTE—Where the recognisance is taken orally, omit the words “the undersigned” and insert the
word “orally” after “taken”.
CONDITION ENDORSED
bounden C.D. appears before the Magistrate [or Justice] in the said Court, on
.........day, the .......... day of ............, 20......., at ..........o’clock ........m.,
at.................. [and at every time and place to which during the course of the
proceedings against the said C.D., the hearing may be from time to time
adjourned] to answer [further] the complaint made against him by A.B. and to
be further dealt with according to law, [or, appears before the said Court sitting
at .................. for sentence when called upon, or as the case may be] then the
said recognisance shall be void, but otherwise shall remain in full force.
UNOFFICIAL VERSION


RECOGNISANCE TO KEEP THE PEACE AND BE OF

GOOD BEHAVIOUR, OR NOT TO DO OR COMMIT
SOME ACT OR THING
County of ...........................................................................................................
We the undersigned, C.D., of ................., G.H., of .........................., and
J.K., of ................................ severally acknowledge ourselves to owe to the
State the several sums following, namely, the said C.D., as principal, the sum
of ................................. and the said G.H., and J.K., as sureties, the sum of
.................................. each to be levied on our several movable and immovable
property respectively, if the said C.D. fails in the condition hereon endorsed.
...................................................... C.D.
...................................................... G.H.
....................................................... J.K.
Taken [orally] before me this ....... day of ..................., 20 .........
(Signed) ................................................
NOTE—Where the recognisance is taken orally, omit the words “the undersigned”, and insert the
word “orally” after “taken”.
CONDITION ENDORSED
bounden C.D. keeps the peace and is of good behaviour towards the State and
all its people, and especially towards A.B. of ..................... for the term of
...................... now next ensuing, [or, abstains from doing the thing forbidden,
or as the case may be] then the said recognisance shall be void, but otherwise
shall remain in full force.


Section 123(1). FORM 33
DECLARATION OF FORFEITURE OF RECOGNISANCE*

County of ...........................................................................................................
The ................. day of .................................., 20.........
The said C.D. not having appeared [or as the case may be] in accordance
with the said condition, this Court declares that the within written
recognisance is forfeited.
(Signed) .....................................................
*To be endorsed on the recognisance.
SUMMONS TO PERSON BOUND BY RECOGNISANCE

WHICH IS ALLEGED TO HAVE BEEN FORFEITED BY
CONVICTION OF PRINCIPAL
County of ...........................................................................................................
To ..............of ....................
You are hereby summoned to appear on ..................... day, the ............ day
of ............., 20....... at ...........o’clock ...............m., at .....................before the
Magistrate [or Justice] in the said Court, to show cause why the recognisance
entered into the .................... day of ............................., 20 ......., whereby you
are bound to pay the sum of .......... should not be adjudged to be forfeited, and
why you should not be adjudged to pay that sum.
Dated this ............. day of ..............................., 20 .........
(Signed) ...................................................
UNOFFICIAL VERSION


FORM 35 Section 123(2).
ADJUDICATION OF FORFEITURE OF RECOGNISANCE

WHERE PERSON BOUND AS PRINCIPAL HAS BEEN
CONVICTED OF AN OFFENCE WHICH IS A
BREACH OF THE CONDITION
County of ...........................................................................................................
The .......day of .................., 20...........
C.D. (hereinafter called the defendant) was, by his recognisance entered
into the .................. day of .............................., 20 ........, bound in the sum of
................................ the condition of the said recognisance being that the
defendant should (1) ....................... And proof having been given that the (1) State
concisely the
defendant has been convicted of the offence of having (2) ............................ condition of the
being an offence which is in law a breach of the condition of the said recognisance.
(2) State the
recognisance: Therefore it is adjudged that the said recognisance is forfeited, offence
and that the defendant do pay to [the Magistrate, Justice, or other person concisely.
specified] the said sum of ............................. and do also pay to

......................... the sum of .................................. for costs; And it is ordered
that the said sums be paid forthwith (3) ............................. And if default is (3) Or, on or
made in payment according to this adjudication and order,* it is ordered that
before the ...day
of ... 20....
the sums be levied by distress and sale of the movable property of the
defendant; And, in default of sufficient distress,* it is adjudged that the
defendant be imprisoned in the ...........................[Jail] Prison (4) (4) Add, if it be
....................... for the term of .....unless the said several sums, and all costs and
so, and there
kept to hard
charges of the distress [and of the commitment] shall be sooner paid. labour.
(Signed) ..................................................
between the asterisks** say “then, inasmuch as it has now been made to appear to the said Court
or his family than imprisonment, [or, that the defendant has no movable property whereon to levy
the said sums by distress]. It is adjudged” [etc., as above, to the end].


Section 123(1) . FORM 36
ORAL OR WRITTEN ACKNOWLEDGMENT OF

UNDERTAKING TO PERFORM CONDITION OF
FORFEITED RECOGNISANCE
County of ...........................................................................................................
C.D. was, by his recognisance entered into the ............................. day of
.................................. 20 ........., bound in the sum of ................. the condition
(1) State of the recognisance being that the said C.D. should (1) ................................ And
concisely the
condition of the default having been made in performance of this condition, the recognisance
recognisance. was, on the ............... day of ......................., 20 ....., declared to be forfeited.
And the said C.D. has applied to the said Court to cancel or mitigate the
forfeiture: Now, therefore, I, the said C.D., as principal, and we, G.H., of
...................... and J.K., of ................... as sureties [or I, G.H., of .........................
as surety] hereby undertake that the condition of the said recognisance shall be
duly performed [and also that the said C.D. shall, on or before the .................
day of ........................., 20......, pay the sum of ........................ for costs incurred
in respect of the said forfeiture;] And I, the said principal, and we the said
sureties [or, I, the said surety] hereby severally acknowledge ourselves bound
to forfeit and pay to [the Magistrate, Justice, or other person specified] the sum
of ............................... in case the said principal fails to perform the condition
of the said recognisance.
.......................................................C.D.
.......................................................G.H.
........................................................J.K.
Taken [orally] before me this ........... day of .................., 20......
(Signed) ..................................................
UNOFFICIAL VERSION


ORDER CANCELLING OR MITIGATING

FORFEITURE OF RECOGNISANCE*
County of ...........................................................................................................
The within written recognisance was declared to be forfeited on the

............................. day of .............., 20.......; And the said ....................... has
applied to this Court to cancel [or mitigate] the forfeiture of the said recognisance,
and has given security, to the satisfaction of the Court, for the future performance
of the condition of the said recognisance, and has paid [or, given security for
payment of] the costs incurred in respect of the forfeiture thereof [or insert such
other conditions as the Court may think just]: Therefore the said forfeiture is
hereby cancelled [or, mitigated to the sum of ........................................ ].
Dated this ............. day of ..............................., 20 .........
(Signed) ...................................................
*To be endorsed on the recognisance.


PART VIII
Section 99. FORM 38
NOTICE TO PARENT OR GUARDIAN OF CHILD

CHARGED WITH INDICTABLE OFFENCE
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To ..................... of ................
(1) State C.D. has been charged for that he (1) ......................... and he has been
concisely the
substance of the remanded until the sitting of the said Court on ................. day, the ..............
complaint.
day of ................., 20 ....., at .................. And it has been alleged that you are
(2) Or, his parent (2) ..................... If you desire that he shall be tried by a jury and
object to his case being dealt with summarily, you must attend at the hearing
guardian.
of the complaint [or information] before the said Court at that time and place.
Dated this .............. day of ........................, 20 ........
(Signed) ...................................................
UNOFFICIAL VERSION


FORM 39 Section 99.
SUMMARY CONVICTION OF CHILD FOR

INDICTABLE OFFENCE
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
The .............. day of .........................., 20 .........
C.D., (hereinafter called the defendant), being a child within the meaning
of the Summary Courts Act, and above the age of seven years and of sufficient
capacity to commit crime, and having been charged for that he (1) ............... (1) State
concisely the
And ............................ the parent (2) ................................. of the defendant* substance of the
having been informed by the Court of his right to have the defendant tried by complaint.
(2) Or,
a jury, and not having objected to the case being dealt with summarily under guardian.
the said Act, and the Court thinking it expedient so to deal with the case:* The
defendant is this day convicted before the said Court of the said offence; and
it is adjudged that he do (3) ..................... for his said offence, [proceed as in (3) Or, be.
other forms of summary convictions. If whipping is ordered insert either in
addition to or in substitution for any other punishment, as the case may be:]
And it is adjudged that the defendant, being a male child, shall, as soon as
practicable, be whipped and receive ............................ strokes.
(Signed) ..................................................
*Omit the words between asterisks if the parent or guardian is absent, and substitute for the said
words “not having been present at the hearing of the charge, but the Court thinking it expedient
that the case be dealt with summarily”.


Section 99. FORM 40
ORDER OF DISMISSAL OF CHILD DEALT WITH

SUMMARILY FOR INDICTABLE OFFENCE
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
C.D., (hereinafter called the defendant), being a child within the meaning
of the Summary Courts Act, and having been charged on the complaint of A.B.
(1) State of .............. for that he (1) .............. And the Court having, in the exercise of
concisely the
substance of the
its jurisdiction, dealt with the case summarily under the said Act; And the
complaint. matter of the said complaint being by the said Court duly considered, it
manifestly appears to the said Court that the said complaint is not proved:—
Therefore the Court doth hereby dismiss the said complaint [If costs, or costs
and compensation, are ordered, proceed as in form No. 18].
Dated this .............. day of ........................, 20 ........
(Signed) ...................................................
Section 100. FORM 41
SUMMARY CONVICTION (ON PLEA OF GUILTY) OF

ADULT FOR INDICTABLE OFFENCE
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
The ............ day of ............................, 20 .........
(1) State C.D., (hereinafter called the defendant), having been charged for that he (1)
concisely the
substance of the ..........., and having pleaded guilty to the said charge; And the Court being
complaint. satisfied that the case is one which may properly be dealt with summarily
under the Summary Courts Act: The defendant is this day convicted before the
said Court of the said offence, and it is adjudged that he be, for his said
(2) Add, if it be offence, imprisoned in the .................. [Jail] Prison (2) ............... for the term
so, and there
kept to hard of ............. [If costs are ordered, proceed as in conviction for penalty and, in
labour. default of payment, imprisonment].
(Signed) ...................................................
UNOFFICIAL VERSION


SUMMARY CONVICTION (BY CONSENT) OF ADULT

FOR INDICTABLE OFFENCE
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
The ............ day of ............................, 20 .........
C.D., (hereinafter called the defendant), having been charged for that he (1) (1) State
......................., and having been informed by the Court of his right to be tried concisely the
substance of the
by a jury, and having consented to be dealt with summarily under the complaint.
Summary Courts Act, and the Court thinking it expedient so to deal with the
case: The defendant is this day convicted before the said Court of the said
offence, and it is adjudged that he do (2) ....................... the said offence, (2) Or, be.
[proceed as in ordinary forms of summary conviction].
(Signed) ...................................................
ORDER OF DISMISSAL OF ADULT DEALT WITH

SUMMARILY FOR INDICTABLE OFFENCE
County of ........................................................................................................
A.B. Complainant
v.
C.D. Defendant
The ............... day of ......................., 20.........
C.D., (hereinafter called the defendant) having been charged on the complaint
of A.B. for that he (1) ........................., and having been informed by the Court of (1) State
his right to be tried by a jury, consented to be dealt with summarily under the concisely the
substance of the
Summary Courts Act, and the Court having thought it expedient so to deal with complaint.
the case; And the matter of the said complaint having been by the said Court duly
considered, it manifestly appears to the said Court that the said complaint is not
proved; Therefore the Court doth hereby dismiss the said complaint. [If costs, or
costs and compensation, are ordered, proceed as in Form 18].
Dated this .............. day of ........................, 20 ........
(Signed) ..................................................


PART IX
MISCELLANEOUS FORMS
Section 67. FORM 44
CERTIFICATE OF DISMISSAL OF COMPLAINT

County of ...........................................................................................................
(1) State I hereby certify that a complaint made by A.B. against C.D. for that he (1)
concisely the
substance of the ....................... was, on the .................... day of ..............., 20 ......., considered
complaint. by the said Court, and was by the said Court dismissed [with costs].
Dated this ........... day of ..........................., 20.........
(Signed) ...................................................
Section 84. FORM 45
CONSTABLE’S RETURN TO WARRANT OF DISTRESS

County of ........................................................................................................
A.B. Complainant
v.
C.D. Defendant
I, ..............................................................................................the Constable
charged with the execution of the warrant of distress in the above-mentioned
case, do hereby certify to the said Court that, by virtue of the said warrant, I
have made diligent search for the movable property of the above-mentioned
defendant; and that I can find no sufficient movable property of the said
defendant whereon to levy the sum mentioned in the said warrant.
Dated this ........... day of ..........................., 20.........
(Signed) .............................................
Constable
UNOFFICIAL VERSION


FORM 46 Section 85.
CONSTABLE’S ACCOUNT OF COSTS AND CHARGES

INCURRED IN EXECUTION OF WARRANT OF DISTRESS
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
I, .................................. the Constable charged with the execution of the
warrant of distress in the above-mentioned case upon the movable property of
.............. dated the ............ day of ........................, 20 ....., hereby declare that
the following is a true account of the costs and charges incurred in respect of
the execution of the said warrant.
Total … $
Dated this ................... day of ..............................., 20......
(Signed) ...................................................
Constable
ORDER FOR RESTITUTION OF PROPERTY

County of ...........................................................................................................
C.D., was charged before the said Court for that he (1) .............................. (1) State
concisely the
And the said C.D. has been this day convicted before the said Court of the substance of the
offence with which he was so charged; And it is proved to the said Court that complaint and
describe the
the said goods are now in the possession of .................... of ..................... goods as in the
Therefore it is hereby ordered that the said ................................ do forthwith conviction.
(2) .................. restore the said goods to the said ................. the owner thereof. (2) Or, on or
before the ..........
day of.................
Dated this ................... day of ..............................., 20...... 20...........
(Signed) ...................................................


Section 41. FORM 48
SEARCH WARRANT
County of ...........................................................................................................
To all Constables.
Whereas it appears, on the oath of A.B., of ..................... that there is
(1) Insert reasonable ground for believing that (1) ..................... are concealed in
description of
the things to be
.................... at ..............................: This is therefore to authorise and require
searched for and you to enter into the said premises at any time and to search for the said things,
of the offence in and to bring the same before me or some other Magistrate [or Justice].
respect of which
the search is
made. Dated this ................... day of ..............................., 20......
(Signed) ...................................................
Section 56. FORM 49

WARRANT FOR TRANSFER OF CASE
County of ...........................................................................................................
A.B. Complainant
v.
C.D. Defendant
To all Constables, and to the Keeper of .............. [Jail] Prison.
Whereas on the .......... day of ........................, 20 ........, complaint was
made before me, the undersigned Magistrate [or Justice] for the .................
(1) State District for that C.D. (1) ......................... And whereas, on the hearing of the
concisely the
substance of the said complaint, it appeared that the cause of complaint arose out of the limits
complaint. of the district of the said Court, and the said Court has directed the case to be
transferred to the Court of the district where the cause of complaint arose, that
is to say, to the ........... Court: This is to command you ............. forthwith to
convey the said C.D. to the ..................... [Jail] Prison and there deliver him to
the Keeper of the said ...................... together with this warrant; And I hereby
command you, the said Keeper, to receive the said ................. into your
custody in the said [Jail] Prison until he can be taken before the Magistrate
[or Justice] of the said Court, to answer the said complaint and to be further
dealt with according to law.
Dated this ................... day of ..............................., 20......
(Signed) ...................................................
UNOFFICIAL VERSION


AFFIDAVIT FOR USE IN PROVING

SERVICE OF PROCESS
No. ........................
Return of Service of Process in respect of Summary Offences for the
............................... Court.
Name of Name of Document Date of Place of Mode of

Complainant Defendant served Service Service Service
I do swear that the above Return of Service is true and in accordance with
the facts of such Service.
(Signed) .............................................
(Deponent)
Sworn before me by the above-named deponent .................. this ..............

day of ......................, 20.........
(Signed) .............................................
[or as the case may be]
NOTE.—In filling up the several columns it will be sufficient to write:

In Column One and Column Two, the initials of first names, giving surnames in full; and
In Column Six, the words “personally”, or on “wife”, “son”, “daughter”, “attorney”,
“agent”, “clerk”, or “servant”, as the case may require.


Section 20. FORM 51
RETURN BY MAGISTRATE [OR JUSTICE], ETC., OF

FINES, PENALTIES, ETC., RECEIVED
Monthly return of the Magistrate [or Justice] of .....................................

District [or, of the Keeper of the ...................................... [Jail] Prison] under
the Summary Courts Act, of all moneys received, and when and to whom paid
from the ............... day of .............................., 20..........., to the ................ day
of ......................, 20...........
Punishment when Fine not paid

Amount thereof paid to Parties
Amount of Fine received and
Name of convicting Justice

paid to Accountant General
Date of conviction or order
Reasons for
Name of Person convicted
Amount thereof paid
Names of Parties
non-payment
or other
Offence
Observations
Costs
Fine
UNOFFICIAL VERSION


FORM 52 Section 72.
FORM OF COMMITMENT FOR CUMULATIVE

TERM OF IMPRISONMENT
County of ...........................................................................................................
To all Constables, and to the Keeper of .................... [Jail] Prison.
A.B., late of C. .............. having been this day at the ...................Court
convicted for that he did [here state the offence] and adjudged for his offence
to forfeit the sum of .................... and in default of payment to be imprisoned
[hard labour] for ..................... to commence after the expiration of another
term of imprisonment for which he now stands committed under a warrant
signed by [me] ..................... and dated the .......... day of ............... I command
that [the said sums remaining unpaid] the said A.B. be conveyed to
.................... and delivered to the Keeper to be safely kept and imprisoned [hard
labour] for ............................. to commence after the expiration of the other
term of imprisonment [unless the said sums and the charges of his commitment
and conveyance to prison amounting to ........................... shall be sooner paid].
(Signed) ....................................................


[18 of 1957]. FOURTH SCHEDULE
Section 130. FORM 1
FORM OF NOTICE WHERE THE

APPELLANT IS A DEFENDANT
To A.B. .....................................
Clerk of the ......................... Court.

Take notice that I, E.F., aggrieved by a conviction (or order) of G.H., dated
........ against me the said E.F. for having as therein alleged on the ..........day of
.................... (here state briefly the conviction or order) do appeal against such
conviction on the ground that I am not guilty.
Dated this ................ day of ..........................., 20............
...........................................................
E.F. (or his Attorney-at-law)
Section 130. FORM 2
FORM OF NOTICE WHERE COURT REFUSES TO

MAKE A CONVICTION OR ORDER
To A.B. ..........................................
Clerk of the ........................ Court.
Take notice that I, C.D., aggrieved by the refusal of E.F. to make any
conviction or order upon a certain complaint or information bearing date the
.................................. day of .........................wherein G.H. was charged with
(set out substance of complaint) do appeal against such refusal to convict on
the ground that the said E.F. refused to make a conviction or order.
Dated this ................ day of ......................, 20..............
...........................................................
C.D. (or his Attorney-at-law)
UNOFFICIAL VERSION


FORM 3 Sections 134

and 156.
RECOGNISANCE ON APPEAL
Be it remembered that on .......... the ............ day of ................... in the year

of Our Lord ..................... A.B. (appellant) of ................. and C.D. of ...............
and E.F. of .............. surety [or sureties as the case may be] came before me
the undersigned [Magistrate or Justice of the Peace] for ............ [district] and
severally acknowledged themselves to owe to the State the several sums
following, that is to say, the said A.B. the sum of ................ and the said C.D.
the sum of ...................... and the said E.F. the sum of ................
Whereas on ........... the .......................... day of ................... the said A.B.
was convicted before ...................., Magistrate [or Justice of the Peace, as the
case may be] for that he the said A.B. did on ....................... the ...................
day of ................. [here state substance of conviction or order].
[Or Whereas on ................. the ................. day of .............. the said A.B.
charged C.D. before ......................, Magistrate (or Justice of the Peace) for
that he the said C.D. did on ................ the ....................... day of
........................ (here state substance of complaint) and the said Magistrate (or
Justice of the Peace) refused to convict the said C.D.].
And whereas the said A.B. has appealed against the said conviction (or order).
Now the condition of this recognisance is such that if the said A.B. shall
personally appear at the sittings of the Court of Appeal when his appeal comes
on to be heard (and at every sitting of such Court to which his appeal may be
from time to time adjourned) and shall then and there duly prosecute such his
appeal, and shall not depart the Court without leave, and shall abide by and
perform the judgment of the said Court of Appeal, and pay all such costs as
shall be awarded against him by the said Court, then this recognisance shall be
void but otherwise shall be in full force and effect.
(Appellant) (Signed) .............................................A.B.
(Surety) (Signed) ............................................C.D.
(Surety) (Signed) ..............................................E.F.
Taken and acknowledged before me.
(Signed) .....................................................


Sections 134 FORM 4

and 156.
RECOGNISANCE ON APPEAL
Be it remembered that on ............. the .................. day of .................. in the year

of Our Lord ....................... A.B. (appellant) of ................. came before me the
undersigned [Magistrate or Justice of the Peace] for .......................... [district]
and acknowledged himself to owe to the State the sum of ........................ which
said sum has been paid into Court.
Whereas on ............. the ....................... day of ................... the said A.B.
was convicted before ........................., Magistrate [or Justice of the Peace as
the case may be] for that he the said A.B. did on ....................... the .............
day of .................... [here state substance of conviction or order].
[Or Whereas on .............. the ................... day of ................. the said A.B.
charged C.D. before ........................., Magistrate (or Justice of the Peace) for
that he the said C.D. did on ............... the .............. day of ................ (here state
substance of complaint) and the said Magistrate (or Justice of the Peace)
refused to convict the said C.D.].
And whereas the said A.B. has appealed against the said conviction (or order).
Now the condition of this recognisance is such that if the said A.B. shall
personally appear at the sittings of the Court of Appeal when his appeal comes
on to be heard (and at every sitting of such Court to which his appeal may be
from time to time adjourned) and shall then and there duly prosecute such his
appeal and shall not depart the Court without leave, and shall abide by and
perform the judgment of the said Court of Appeal, and pay all such costs as
shall be awarded against him by the said Court, then this recognisance shall be
void but otherwise shall be in full force and effect.
(Appellant) (Signed) ........................................ A.B.

Taken and acknowledged before me.
(Signed) .................................................
UNOFFICIAL VERSION


FORM 5 Section 150.
WARRANT OF COMMITMENT FOR NON-PAYMENT

To all Constables and to ................ Keeper of [Jail] Prison at................
Whereas A.B., late of .............. (Labourer) was on the ......... day of ...........
duly convicted before the undersigned Magistrate [or Justice] in and for the
said County of .............................. for that [set out substance of conviction].
And whereas the said A.B. appealed against the said conviction [or order] in
which C.D. was the respondent and which appeal was heard and determined at
the Court of Appeal holden at .......................... and the said Court thereupon
ordered that [set out conviction or order] and that ......................... should pay
to ................. the sum of ................ for costs incurred by him in the said appeal
which said sum was to be paid to the Registrar of the Supreme Court on or
before the .............. day of ................, 20..........., to be by him handed over to
the said..........................; And whereas the Registrar of the said Court hath on
the ................ day of ........................... instant duly certified that the said sum
for costs has not been paid. These are therefore to command you to take the said
.................... and him safely to convey to [Jail] Prison, and there deliver him to
the Keeper thereof together with this receipt: And I do hereby command you
the Keeper of the said [Jail] Prison .................. there to imprison him for the
space of......................... unless the said sum and all costs and charges of the
said appeal (and of the commitment and conveying the said ...................... to the
said ................. amounting to a further sum of .................) are sooner paid unto
you the said Keeper; And for so doing this shall be your sufficient warrant.
Given under my hand this .................. day of ...................... in the year of

Our Lord two thousand and ........................... in the (County) aforesaid.
(Signed) .....................................................
Magistrate or Justice


Section 155. FORM 6
REGISTRAR’S CERTIFICATE OF
NON-PAYMENT OF COSTS
CERTIFICATE OF REGISTRAR OF
THE SUPREME COURT
(Title of the Appeal)
I hereby certify that at a Court of Appeal holden at the Supreme Court in
Port-of-Spain [or Scarborough, as the case may be] on .......... day of ...................
an appeal by A.B. ..................... against a conviction [or order] of C.D.,
Magistrate [or Justice] for ..........................[district] was heard and determined,
and the said Court thereupon ordered that the said conviction (or order) should
be confirmed (or quashed) and that the said ..................... should pay to the said
........................... the sum of ........................... for the costs incurred by him in the
said appeal and which sum was thereby ordered to be paid to me, the
undersigned Registrar, on or before the ............ day .............................. to be by
me handed over to the said ................................; And I further certify; that the
said sum for costs has not, nor has any part thereof, been paid.
Dated this ................... day of ............................., 20 ............
(Signed) .....................................................
(Registrar)
UNOFFICIAL VERSION


FIFTH SCHEDULE Sections 22(2),

37(1).
FORMS FOR USE IN PROCEEDINGS RELATING TO [l9 of 1965].
RECOVERY OF A SUM RECOVERABLE AS A
CIVIL DEBT
FORM 1
COMPLAINT: CIVIL DEBT

In the County of ..................................................................................................
A.B. Complainant
v.
C.D. Defendant
The Complaint of A.B., of .............................................................................
(address)
who states that C.D., of ......................................................................................
(address)
............................................................................................................................
(states the grounds upon which, and the section and statute under which the
............................................................................................................................
debt is claimed)
and the said A.B. claims from the said C.D. the sum of $ ...................................
being money recoverable summarily as a civil debt.
Taken before me the ..........day of ...................., 20.............
(Signed) .....................................................


SUMMONS TO DEFENDANT: CIVIL DEBT

In the County of ..................................................................................................

A.B. Complainant
v.
C.D. Defendant
To C.D. of ......................................................................................................
(address)
Complaint has this day been made to me, the undersigned Magistrate or
Justice, by A.B. of .............................................................................................
(address)
(hereinafter called the Complainant), that ..........................................................

(state shortly the grounds of complaint)
............................................................................................................................
and claiming from you the sum of $ ......................... being money recoverable
summarily as a civil debt.
Particulars of the Complainant’s claim are [given on the reverse of or

annexed to] this Summons.
You are therefore summoned to appear on [Monday] the ..................... day

of .........................., 20............., at the hour of ........................ in the [forenoon]
before the Magistrates’ Court for the [ ..................] District, to answer to the
said Complaint.
Dated this ............. day of ............................., 20............
(Signed) .....................................................
UNOFFICIAL VERSION


ORDER—CIVIL DEBTS
In the County of ..................................................................................................

A.B. Complainant
v.
C.D. Defendant
Before the Magistrates’ Court for the [ .............. ] District.
It is this day Adjudged that C.D. of ...............................................................

(address)
pay to A.B., of ....................................................................................................
(address)
the sum of $ ....................... being an amount recoverable summarily as a civil
debt, and $ ........................... for costs [by (weekly or monthly) instalments of
$ ......................... the first instalment of] the said (sum or sums) to be paid
(forthwith or not later than .................................... 20 .............).
(And it is ordered that in default of payment the sum due thereunder be levied
by distress and sale of goods of the said C.D.).
Dated this ............ day of ....................., 20..........
(Signed) .....................................................


FORM 4
APPLICATION FOR DISTRESS WARRANT

In the County of ..................................................................................................

A.B. Complainant
v.
C.D. Defendant
I, the undersigned, do hereby apply for process to enforce the payment of
the undermentioned sum, which has not been paid to me.
Name of Defendant ............................................................................................
Date of Order ................................................................................. 20................
Amount ordered to be paid … … … … $ ...........
Whether costs, arrears, civil debt, or rates .........................................................
Time (if any) allowed for payment (or date when instalment was due) ..............
............................................................................................................................
Amount for recovery of which application is now made … $ ...........
Date ................................, 20 ............
(Signed) ...............................................
(Applicant)
UNOFFICIAL VERSION


FORM 5
CERTIFICATE OF NON-PAYMENT OF SUM ADJUDGED

In the County of ..................................................................................................
A.B. Complainant
v.
C.D. Defendant
I hereby certify that the payments due to me, on behalf of A.B., from C.D.
under an order made by the Magistrates’ Court for the [ .............................. ]
District on ....................................................., 20 ............., under the
............................................................................................................................
have not been made to me in full, and that there is now in arrear the sum of
$ .............................. [in respect of (periodical payments or instalments) due
up to and including ................................, 20................].
Dated the .......................... day of .........................., 20 .............
(Signed) ..........................................................
Clerk of the Magistrates’ Court
for the District


FORM 6
DECLARATION OF NON-PAYMENT OF SUM ADJUDGED

A.B. Complainant
v.
C.D. Defendant
I, A.B., of .......................................................................................................
(address)
do solemnly and sincerely declare that the payments due to me from C.D.,
under an order made by the Magistrates’ Court for the ...................... District,
on ................, 20....., under .................................................................................
(name the Act under which the order was made)
have not been made to me in full, and that there is now in arrear the sum of
$ ....................... [in respect of periodical payments or (instalments) due up
to and including .............................. 20 ..........].
And I make this solemn declaration conscientiously believing the same to
be true by virtue of the provisions of the Statutory Declarations Act.
...................................................
(Signature)
Declared at .........................................................................., the ......................
day of ....................................., 20 .............., before me,
(Signed) ............................................................
(Magistrate or Justice of ........................
or other description)
UNOFFICIAL VERSION


FORM 7
DISTRESS WARRANT: CIVIL DEBT

In the County of ..................................................................................................
A.B. Complainant
v.
C.D. Defendant
To each and all Constables:
On ........................., 20.............., it was ordered by the Magistrates’ Court
for the [ .................... ] District that C.D. (hereinafter called “the debtor”) pay
to A.B., of ...........................................................................................................
(address)
the sum of $........................................for costs [, the said order being made in
the presence of the debtor]; and [on ..................., 20 ........., ] it was further
ordered [by the Magistrates’ Court for the ( ...............................) District] that
in default of payment the sums due thereunder should be levied by distress and
sale of the debtor’s goods.
[And the debtor having been served with a copy of a minute of the first-
mentioned order].
And default having been made in payment.
You are hereby commanded forthwith to make distress of the money and
goods of the debtor (except the wearing apparel and bedding of him and his
family and, to the value of two hundred dollars, the tools and implements of
his trade); and if the sum stated at the foot of this warrant to be levied, together
with the reasonable charges of the making and keeping of the said distress, be
not paid, then not earlier than the [sixth] day after the making of such distress,
unless the debtor consents in writing to an earlier sale, to sell the said goods
by you distrained and pay the money arising thereby to the clerk of the
Magistrates’ Court for the [ .............................. ] District and if no such distress
can be found to certify the same to the Court.
Dated the ..................... day of ............................, 20 ............
(Signed) .................................................
(Justice)
$ ¢.
Amount ordered to be paid … … … …
Amount paid … … … … … …
Amount remaining due … … … … …
Cost of issuing this warrant … … … …
Total amount to be levied … … … …


FORM 8
CERTIFICATE OF NO GOODS
A.B. Complainant
v.
C.D. Defendant
I, P.C., ...................................................................................., hereby certify
(name and number)
that, by virtue of this Warrant, I have made diligent search for the money and
goods of the above-named C.D., and that I can find no [sufficient] money or
goods of him whereon the sums specified in this Warrant can be levied.
Dated the .............. day of ......................., 20 ............

.....................................................
(Signature)
FORM 9
ACCOUNT OF CHARGES INCURRED ON

DISTRESS WARRANT
A.B. Complainant
v.
C.D. Defendant
In the Matter of a Complaint by A.B., of .......................................................
(address)
against C.D., of ..................................................................................................
(address)
I, P.C., ...................................................................................., the Constable
charged with the execution of the warrant of distress upon the money and
goods of the said C.D. dated ...................., 20 ............, hereby declare that the
following is a true account of the costs and charges incurred in respect of the
execution of the said warrant:
$ ¢.
(Give details of amounts paid in respect of labour,
transport, storage, sale, etc., with dates)
Total … …
Dated the .................. day of ........................., 20 ..........
......................................................
(Signature)
UNOFFICIAL VERSION


FORM 10
COMPLAINT TO ENFORCE ORDER: CIVIL DEBT

In the County of ..................................................................................................

A.B. Complainant
v.
C.D. Defendant
The complaint of A.B., of ..............................................................................
(address)
who states that on ...................................................................., 20........., C.D.,
of ........................................................................................................................
(address)
(thereinafter called the Debtor), was ordered by the Magistrates’ Court for the
......................... District, to pay to the Complainant the sum of $ ................
(enforceable summarily as a civil debt), particulars of which are given below,
[by weekly (or monthly) instalments of $ ......................, the first instalment to
be paid] forthwith [or not later than ..................., 20 ........]; and the
Complainant further states that the Debtor has made default in payment of the
sum ordered to be paid [by reason of his refusal or neglect to pay the
instalments thereof], particulars of which are given below.
$ ¢
Amount of order and costs … … … …
Costs of distress, if any … … … …
Amount paid … … … … …
Total sum in default … … … … …
Amount of default in instalments due to date … …
.....................................................
(Signature)


Section 37. FORM 11
JUDGMENT SUMMONS
In the County of ...............................................................................................................
A.B. Complainant
v.
C.D. Defendant
To C.D., of ..................................................................................................................
(address)
Complaint has this day been made to me, the undersigned Magistrate or Justice by A.B.,
of ......................................................................................................................................
(address)
(hereinafter called the Complainant), that on .........................., 20 .......... you were ordered
by the Magistrates’ Court for the ............................ District, to pay to the Complainant the
sum of $ .................... (enforceable summarily as a civil debt), particulars of which are
given below, [by (weekly or monthly) instalments of $ ....................., the first instalment
to be paid] forthwith [or not later than ............................., 20 ............ ]; and that you have
made default in payment of the said sum [by reason of your refusal or neglect to pay the
instalments thereof] particulars of which are given below.
You are therefore hereby summoned to appear on [Monday] the .................. day of
........................, 20 ......., at the hour of .................. in the [fore] noon, before the
Magistrates’ Court for the ............................ District, to answer to the said Complaint
and to be examined as to the means which you have or have had since the said order
was made to pay the said sum or the undermentioned instalments thereof, and to show
cause why you should not be committed to prison pursuant to section 37 of the
Summary Courts Act, in default of payment.
Dated this ............. day of ............................, 20 ...........
.....................................................
(Signature)
Particulars $ ¢
Amount of order and costs … … … …
Costs of distress, if any … … … …
Amount paid… … … … … …
Total sum in default … … … … …
$ ¢
Amount of default in instalments due to date … …
Cost of this summons… … … … …
Amount upon the payment of which, before the date fixed by
this summons for your appearance, no further proceedings will
be taken unless you default in payment of a further instalment …
UNOFFICIAL VERSION


FORM 12
WARRANT OF COMMITMENTS: CIVIL DEBT

In the County of .................................................................................................

A.B. Complainant
v.
C.D. Defendant
To each and all Constables and to the Keeper of the State’s Prison at ..............
.......................................................................... or Police Officer in charge of
............................................................................................................................
(name the place of detention)
On ..................................., 20 ............, it was ordered by the Magistrates’
Court for the ............................................................ District, that C.D., of
..........................................................................., (hereinafter called the Debtor)
(address)
should pay to A.B., of .........................................................................................
(address)
the sum of $ .........................., being an amount recoverable summarily as a
civil debt, and $ .................... for costs:
And the Debtor has made default in payment of the sum ordered to be paid
and has been summoned for an examination as to his means:
And it being proved to the satisfaction of the Court that the Debtor [has or
has had, since the date of the said order,] the means to pay the sum [now] due
and payable and [refuses or neglects or has refused or neglected] to pay the
said sum:
[And the Constables aforesaid having been authorised by warrant dated
........................., 20 .........., to levy the sum of $ ........................ by distress and
it appearing that no (sufficient) distress whereon to levy the said sum could be
found (and that a balance of $ ........................... is due)].
It is ordered that the Debtor be [committed to prison or detained in police
custody] for ..................................................................... unless he sooner pays
(state the period)
the [balance of the] sum ordered to be paid [together with the costs of
enforcement], as set out below:
You, the said Constables, are hereby required to take the Debtor and convey
him to the Keeper of the State’s Prison at ....................................................... or


the Police Officer in charge of ............................................................................

(name the place of detention)
and you, the said Keeper or Police Officer, to receive the Debtor into your
custody and keep him for ...................................................................................
(state the period)
from his arrest under this order, or until he be sooner discharged in due course
of law.
Dated this ............ day of ................................, 20.............
....................................................
(Signature)
$ ¢.
[Sum or Balance] payable under order … …
Enforcement costs payable … … … …
Total sums payable by Debtor… … … …
Payments received by Persons having Custody of the Debtor
...................................................
(Signature)
Date of Receipt $ ¢.
UNOFFICIAL VERSION


SIXTH SCHEDULE Section 35.

[19 of 1965].
STATUTORY AUTHORITIES EMPOWERED TO
RECOVER SUMS RECOVERABLE AS A CIVIL DEBT
*Port-of-Spain Corporation, established by the Port-of-Spain Corporation Ch. 39. No. 1.

Ordinance. (1950 Ed.).
*San Fernando Corporation, established by the San Fernando Corporation Ch. 39. No. 7.
Ordinance. (1950 Ed.).
*Arima Corporation, established by the Arima Corporation Ordinance. Ch. 39. No. 11.
(1950 Ed.).
Trinidad and Tobago Electricity Commission established by the Trinidad Ch. 54:70.
and Tobago Electricity Commission Act.
*National Housing Authority under the Housing Act. Ch. 33:01.
*(These Corporations were repealed by Act No. 21 of 1990)
SEVENTH SCHEDULE Section 4(4).
FORM OF OATH (AFFIRMATION) FOR A

JUSTICE OF THE PEACE
I, A.B., having been appointed a Justice of the Peace for ..............................

do swear by .................................... (solemnly affirm) that I will bear true faith
and allegiance to Trinidad and Tobago and will uphold the Constitution and
the law, that I will conscientiously, impartially and to the best of my
knowledge, judgment and ability discharge the functions of my office and do
right to all manner of people after the laws and usages of Trinidad and Tobago
without fear or favour, affection or ill-will.


SUBSIDIARY LEGISLATION
Proc. 17 of MAGISTERIAL DISTRICTS ORDER

1926.
[75/1954
64/1978 made under section 7
212/1980].
Citation. 1. This Order may be cited as the Magisterial Districts
Order.
Magisterial 2. Trinidad and Tobago is hereby divided into the

magisterial districts described in the Schedule.
districts.
Schedule.
SCHEDULE
MAGISTERIAL DISTRICTS
The magisterial districts into which Trinidad and Tobago is divided are as
follows:
St. George West—consisting of the Wards of St. Ann’s and Diego
Martin, and the City of Port-of-Spain.
Arima—consisting of the Wards of Arima, San Rafael,
Blanchisseuse and the Borough of Arima excluding—
(i) that portion of the Cumuto Police District as defined on
page 201 of the Gazette dated 23rd March 1950; and
(ii) that portion of the Blanchisseuse Ward extending
from its western boundary to the Yarra River from the
sea to its intersection with the Paria Main Road and a
line running South from this intersection to the main
ridge of the Northern Range.
St. George East—consisting of the Ward of Tacarigua excluding—
that portion of the Ward South of the Caroni River
between St. Helena Bridge and the Golden Grove
Road and the Southern Main Road where it crosses
the Caroni River—
and including—
that portion of the Blanchisseuse Ward from its
western boundary to the Yarra River from the sea to its
intersection with the Paria Main Road and a line
running South from this intersection to the main ridge
of the Northern Range.
UNOFFICIAL VERSION


Magisterial Districts Order [Subsidiary]
North-Eastern—consisting of the Counties of St. David and

St. Andrew and including that portion of the Police
District of Cumuto as defined at page 201 of the Gazette
of 23rd March 1950 and lying within the County of
St. George East.
South-Eastern—consisting of the Counties of Nariva and Mayaro.
Couva—consisting of the Wards of Couva and Montserrat.
Caroni—consisting of the Wards of Cunupia and Chaguanas and
that portion of the Ward of Tacarigua in the County of
St. George East, South of the Caroni River between the
St. Helena Bridge and the Golden Grove Road and the
Southern Main Road where it crosses the Caroni River.
Victoria East—consisting of the Wards of Savana Grande, Ortoire
and Moruga.
Victoria West—consisting of the Wards of Pointe-a-Pierre and
Naparima and the City of San Fernando.
St. Patrick East—consisting of the Wards of Erin and Siparia.
St. Patrick West—consisting of the Wards of La Brea and Cedros
and the Borough of Point Fortin.
Tobago—consisting of the island of Tobago.


[Subsidiary]
*163/1995. SUMMARY COURTS (SITTINGS) ORDER

made under section 9
Citation. 1. This Order may be cited as the Summary Courts
(Sittings) Order.
Places and times 2. The places and times set out in the third and fourth
columns, respectively, of the Schedule are appointed for the
of sittings.
holding of sittings of the Summary Courts designated in the first

and second columns of the Schedule.
Juvenile Courts. 3. In the Magisterial Districts set out in the first column of
the Schedule, there shall be sittings of the Juvenile Court at the
places and times set out in the third and fourth columns of the
Schedule. Schedule, subject to due compliance with the provisions of
Ch. 46:01. section 87 of the Children Act.
No sitting on 4. There shall be no sittings of the several Courts on any of
the days appointed if it is a public holiday or a public festival day
public holiday.
known as Carnival Monday or Carnival Tuesday.

Interpretation. 5. The term “public festival” has the meaning assigned to it
by the Public Holidays and Festivals Act.
[29 of 1999]
Ch. 19:05.
*Amended by LNs 8/1996; 84/1997; 129/1997; 503/1997; 243/1998; 29 of 1999, 227/1999;

89/2004, 90/2004, 236/2004; 97/2008; 105/2009; 282/2014, 386/2014 and 80/2016.
UNOFFICIAL VERSION

SCHEDULE
District Name of Court Place Time
ST. GEORGE WEST … … PORT -OF-SPAIN NIPDEC House, Monday to Friday at 9:00 a.m to
Magistrate’s Court No. 2A Cipriani Place, 4:00 p.m.
Cipriani Boulevard,
Port-of-Spain
do. do. The District Court, do.

42, St. Vincent Street,
Port-of-Spain
ST. GEORGE EAST … … TUNAPUNA Tunapuna Administrative Monday to Friday at 9:00 a.m. to
Summary Courts
Magistrate’s Court Complex, 12:00 noon and 1:00 p.m. to

Corner of Eastern Main 3:00 p.m.
Summary Courts (Sittings) Order
Road and Centenary Street,
UNOFFICIAL VERSION
Tunapuna
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS
ARIMA … … … … ARIMA No. 8 Prince Street, Monday to Friday at 9:00 a.m. to

Magistrate’s Court Arima 12:00 noon, 1:00 p.m. to 3:00 p.m.
and 5:00 p.m. to 9:00 p.m.
SAN RAFAEL San Rafael Police Station, 4th Monday in each month at
Chap. 4:20
Magistrate’s Court San Rafael 9:30 a.m.
L.R.O.
BLANCHISSEUSE Blanchisseuse Police Station, 2nd Friday in the months of
Magistrate’s Court Paria Main Road, March, June, September and
[Subsidiary]
171
www.legalaffairs.gov.tt
Blanchisseuse December at 9:30 a.m.

SCHEDULE—Continued 172

[Subsidiary]
NORTH-EASTERN DISTRICT… SANGRE GRANDE 4, Toco Road, Monday to Friday at 9:00 a.m. to
Magistrate’s Court Sangre Grande 12:00 noon, 1:00 p.m. to 3:00 p.m.
and 5:00 p.m. to 9:00 p.m.
Chap. 4:20
TOCO Court House, 2nd and 4th Thursdays in each

Magistrate’s Court Adjacent to the Police month at 9:30 a.m.
Station,
Toco
SOUTH-EASTERN DISTRICT … RIO CLARO Court House, Monday to Friday at 9:00 a.m. to
Magistrate’s Court Corner of Naparima-Mayaro 12:00 noon and 1:00 p.m. to
and Guayaguayare Roads, 3:00 p.m.
Rio Claro
UNOFFICIAL VERSION
MAYARO Court House, Monday to Friday at 9:00 a.m. to
Magistrate’s Court Opposite the Mayaro Police 12:00 noon and 1:00 p.m. to
Summary Courts
Station on the Mayaro

3:00 p.m.
Road, Mayaro
CARONI CHAGUANAS Court House, Monday to Friday at 9:00 a.m. to

Magistrate’s Court Corner Railway Road and 3:00 p.m.

Laing Street,
Chaguanas
COUVA … … … … COUVA Court House, Monday to Friday at 9:00 a.m. to

Magistrate’s Court Church Street, 12:00 noon and 1:00 p.m. to
Couva 3:00 p.m.

VICTORIA WEST… … … SAN FERNANDO Magistrate’s Court Building, Monday to Friday at 9.00 a.m. to
Magistrate’s Court Corner Knox and Harris 12:00 noon, 1:00 p.m. to 3:00 p.m.
Streets, and 5.00 p.m. to 9.00 p.m.
San Fernando
Magistrates’ Court Building

7, Court Street
San Fernando
VICTORIA EAST… … … PRINCES TOWN Court House, Monday to Friday at 9:00 a.m. to
Magistrate’s Court Corner of Railway Road 12:00 noon and 1:00 p.m. to
and High Street, 3:00 p.m.
Princes Town
Summary Courts
MORUGA Moruga Court House, 1st and 3rd Wednesdays in each

Magistrate’s Court Moruga Main Road, month at 9:30 a.m.
UNOFFICIAL VERSION
Moruga

ST. PATRICK EAST … … SIPARIA Court House, Monday to Friday at 9:00 a.m. to
Magistrate’s Court High Street, 12:00 noon and 1:00 p.m. to
Opposite Coora Road, 3:00 p.m.
Siparia
Chap. 4:20
ST. PATRICK WEST … … POINT FORTIN Court House, Monday to Friday at 9:00 a.m. to
Magistrate’s Court Guapo-Cap-de-Ville Road, 12:00 noon and 1:00 p.m. to
L.R.O.
Point Fortin 3:00 p.m.
[Subsidiary]
173
SCHEDULE—Continued 174

[Subsidiary]
TOBAGO … … … … SCARBOROUGH Court House, Monday to Friday at 9:00 a.m. to

Magistrate’s Court 21A, Bacolet Street, 12:00 noon and 1:00 p.m. to
Scarborough 3:00 p.m.
Chap. 4:20
CHARLOTTEVILLE Rest House, 2nd Friday in each month at

Magistrate’s Court Charlotteville 9:30 a.m. to 12:00 noon and
1:00 p.m. to 3:00 p.m.
UNOFFICIAL VERSION
Summary Courts


[Subsidiary]
SUMMARY COURTS (COSTS ON APPEAL) RULES 175/1958.

[51/1980
made under section 157 200/1980
3 of 1994].
1. These Rules may be cited as the Summary Courts (Costs Short title.
on Appeal) Rules.
2. In these Rules, “Registrar” means the Registrar of the Interpretation.
Supreme Court.
3. In the case of an appeal against a conviction or order of Furnishing of
a Magistrate or Justice, if at the time when notice of appeal is
free notes of
evidence.
given or within 24 hours thereafter application is made by the
appellant or the respondent to the Clerk of the Court for the notes
of evidence taken at the trial, the Clerk shall furnish the Registrar
of the Supreme Court with a copy of such notes for delivery free
of charge to the appellant and respondent.
4. Notices required by section 137 of the Act to be given by Service of
the Clerk may be served either as provided in subsection (2) of
notices required
by section 137.
that section or by delivering a copy of it to him personally, or, if
he cannot be found, by leaving a copy of it with some person for
him at his normal or last known place of abode.
5. The fees and costs recoverable by any party on an appeal Fees and costs
from a Summary Court shall be determined in accordance with
on appeal.
the scale set forth in the Schedule. Schedule.


[Subsidiary] Summary Courts (Costs on Appeal) Rules
Rule 5. SCHEDULE
[200/1980
3 of 1994].
1. REGISTRAR
(a) On filing or sealing a notice … … $1.50
(b) On sealing a writ of subpoena not exceeding
three persons … … … $3.00
(c) On any affidavit … … … $1.00
(d) Copies of notes of evidence or any other
document filed in the proceedings—per
folio of seventy-two words … … $1.00
(e) On every taxation of bill of costs … $2.00
2. ATTORNEY-AT-LAW
(a) Fee on brief (Senior Attorney-at-law) … $250.00 to $750.00
(b) Fee on brief (Junior Attorney-at-law) from $150.00 to $600.00
3. INSTRUCTING ATTORNEY-AT-LAW
(a) Instructions to support, vary or rescind a
Magistrate’s order … … $15.00
(b) Attendances from … … … $8.00 to $50.00
(c) Perusing any document—per folio of
seventy-two words … … … $0.50
(d) Copy of notes of evidence for Attorney-at-
law—per folio of seventy-two words … $1.00
(e) Conferences from … … … $25.00 to $75.00
(f) Service of any document … … $2.00
(g) Drawing any document—per folio of
seventy-two words … … $1.00
(h) Copies of documents (other than notes of
evidence)—per folio of seventy-two words $0.50
UNOFFICIAL VERSION


[Subsidiary]
SUMMARY COURTS (SERVICE OF SUMMONS) 221/2005.

(FAMILY COURT) ORDER
made under section 47(3)
1. This Order may be cited as the Summary Courts (Service Citation.
of Summons) (Family Court) Order.

2. The Marshal, Deputy Marshals, Second Deputy The Marshal,
Marshals and bailiffs in the employ of the State are authorised
Deputy
Marshals,
officers for the purpose of serving summonses in respect of Second Deputy
Marshals and
matters in the magisterial jurisdiction of the Family Court. bailiffs in the
employ of the
State.

Summary of Courts Act.

Uploaded by

Copyright:

Available Formats

Summary of Courts Act.

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Summary of Courts Act.

Uploaded by

Copyright:

Available Formats

LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

SUMMARY COURTS ACT

*See Note on Validation on page 3

Current Authorised Pages

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

2 Chap. 4:20 Summary Courts

Index of Subsidiary Legislation

Magisterial Districts Order (Proc. 17 of 1926) … … … … 168

Note on section 133A or 134

Note on Increase of Fines

Note on Transferred Provision

UPDATED TO 31ST DECEMBER 2016

Summary Courts Chap. 4:20 3

B. Section 130 of the Act

Note on Act No. 23 of 2005

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

4 Chap. 4:20 Summary Courts

SUMMARY COURTS ACT

3. Magistrates appointment; ex officio Justices.

JUSTICES OF THE PEACE

CLERKS OF THE PEACE AND OTHER OFFICERS

5. Clerks and interpreters.

JURISDICTION AND DISTRICTS

FEES, PENALTIES, ACCOUNTS

UPDATED TO 31ST DECEMBER 2016

Summary Courts Chap. 4:20 5

18. Payment of money received by certain officers.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

6 Chap. 4:20 Summary Courts

41. When search warrant may be issued and proceedings thereunder.

ENFORCING APPEARANCE OF DEFENDANT

42. Issue of summons to defendant.

ENFORCING ATTENDANCE OF WITNESSES

46. Issue of summons for witness.

53. Witness refusing to be sworn, etc.

UPDATED TO 31ST DECEMBER 2016

Summary Courts Chap. 4:20 7

HEARING AND ORDER

54. Time and place of hearing.

66. Power of adjournment and proceedings thereon.

67. Giving of decision upon conclusion of hearing.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

8 Chap. 4:20 Summary Courts

70. Payment and allocation of fines and fees.

COSTS AND COMPENSATION

77. Order as to costs and compensation.

ENFORCEMENT OF ORDER TO PAY MONEY

UPDATED TO 31ST DECEMBER 2016

Summary Courts Chap. 4:20 9

COMMITMENT OF DEFENDANT, ETC.

86. Power to commit defendant in certain cases.

93. Summary order to do specific act.

SUMMARY TRIAL OF INDICTABLE OFFENCES