Act No. 6 of 2016 - Parliament of Trinidad and TobagoAct No. 6 of 2016 [L.S.] Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol. 55, No. 84, 14th July, 2016 WHEREAS

BILLAN ACT to make jurisdiction for all family matters

and children matters exercisable in a Division ofthe High Court to be called the Family andChildren Division and to make provision for matters connected therewith

[Assented to 5th July, 2016]

First Session Eleventh Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 6 of 2016

[L.S.]

Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol. 55,No. 84, 14th July, 2016

WHEREAS in May, 2004 a Family Court was establishedas a pilot project which, through constant monitoringand evaluation and the resulting changes in systemsand administration has proved successful and has produced the desired result:

And whereas it was intended that the experience ofthe pilot project would inform the preparation of the legislation to establish a special Court exercising jurisdiction for all family matters and criminal offenceswith which children under fourteen years of age arecharged:

And whereas the Family Court pilot project heardfamily matters including matters in which a parent orguardian sought the order of the Court to have his childdeemed beyond control:

And whereas on account of the success of the pilotproject and lessons learnt, it is now intended to establish the Family Court, and to make its servicesavailable at several locations in Trinidad and Tobago:

And whereas jurisdiction for all family matters exercisable by the High Court and the Magistrates’Court will be exercisable in the Family Court and all theessential elements and resources appropriate to theoperation of a Family Court will be combined into oneentity including a social service unit, a mediation unitand such other units and services as are critical to theresolution of a family’s problems:

And whereas it is intended that such a Court shouldprovide the highest quality service to its customers andto the community through—

(a) a strong focus on customer service;(b) the employment of dedicated judicial,

administrative, professional and supportstaff specifically trained and having thesuitable temperament for family mattersand children at risk;

(c) the simplification of the process of accessing the appropriate court or agencyin which to obtain family justice, by establishing a single intake system; and

Preamble

30 No. 6 Family and Children Division 2016

(d) providing an environment conducive to theresolution of family matters:

And whereas the Children Act, 2012 was premised,inter alia, on a rehabilitative approach to be used forchild offenders with benefits for the child and the widersociety:

And whereas such a rehabilitative approach necessitates a Court that is well resourced so that it canprovide the highest quality service to its customers andto the community through—

(a) a strong focus on customer service;

(b) the employment of dedicated judicial,administrative, professional and supportstaff specifically trained and having thesuitable temperament for dealing withchildren;

(c) the simplification of the process of hearingchildren matters;

(d) a strong emphasis on diversionary programmes and rehabilitative programmes to assist in the rehabilitationof children who are in conflict with the law;

(e) early and credible assessment of the risklevel of children who come before theCourt;

(f) a strong emphasis on programmes, policiesand procedures which may divert childrenaway from conflict with the law;

(g) a focus on trauma-informed child justice;

(h) a solutions-based approach to children’smatters;

(i) an evidence-based approach to options forsolution; and

No. 6 Family and Children Division 2016 31

(j) providing an environment conducive to theresolution of children matters and appropriate services and programmes:

And whereas section 81 of the Children Act, 2012 hasprovided that a Juvenile Court—

(a) when hearing charges against children; or(b) when hearing applications relating to a

child at which the attendance of the childis required,

shall sit—(i) in a different building;

(ii) in a different room;(iii) on different days; or(iv) at different times,

from those at which the ordinary sittings are held,unless the child is charged jointly with any other personnot being a child:

ENACTED by the Parliament of Trinidad and Tobago asfollows:

PART IPRELIMINARY

1. This Act may be c ited as the Family andChildren Division Act, 2016.

2. This Act comes into operation on such date as isfixed by the President by Proclamation.

3. (1) In this Act—“auxiliary programmes” means programmes

which assist a child who has come beforethe Court;

“child” means a person under the age of eighteen years;

Enactment

Short title

Commencement

Interpretation


“Children’s Attorney” has the meaningassigned to it under section 88 of theChildren Act, 2012;

“children care matter” includes—(a) matters in which a child is deemed

by the Court to be in need of careand protection under section 59(2)(j) of the Children Act,2012;

(b) matters in which an application ismade to the Children Court to havea child deemed in need of care andprotection;

(c) matters in which an application ismade under section 61 of theChildren Act, 2012;

(d) matters in which an application ismade under section 34 of theChildren Act, 2012;

(e) matters in which applications aremade for wardship, other thanthose made to the Family Court;and

(f) applications made to the ChildrenCourt for an order under section 25of the Children’s Authority Act;

“children charge matter” means any matter inwhich a child is charged with an offence;

“Children Court” means the Children CourtSubdivision of the Family and ChildrenDivision of the High Court establishedunder section 4(1);

“Children Court Judge” means a Puisne Judgewhen sitting in the Children Court;

“Children Court Master” means a Master whensitting in the Children Court;

Act No. 12 of 2012

Chap. 46:10


“children drug matter” includes any matter inrelation to a child who is the subject of adrug-related matter in the Court or whohas a history of alcohol or substance abuse;

“Children Drug Treatment Court Process”means a process where a child is referredby a Master or Judge to an intensive treatment programme and other servicesthat require the child to be monitored bythe Judge or Master and to successfullyabandon the use of the drug or alcohol andto be held accountable by the Judge orMaster for meeting his obligations to theCourt, society, himself and his family;

“children matter” includes any—(a) children charge matter;(b) children care matter;(c) children drug matter; (d) children mental health matter;(e) matter which is not a family

matter within the meaning of thisAct, but the primary issue in thematter is the care and protection ofa child;

(f) matter, in relation to a child, wherethere is an application for andissuance of a Protection Order andits enforcement under theDomestic Violence Act, and wherethe child is a victim or an affectedbystander; and

(g) matter in which a child is requiredto appear in Court;

Chap. 45:56


“children mental health matter” means anymatter, in relation to a child, who is thesubject of a mental health matter in Court,including mental disorder, mental illnessor a child who is mentally subnormal asdefined in the Mental Health Act;

“Children’s Probation Officer” has the meaningassigned to it under section 18(1)(aa) of theProbation of Offenders Act;

“Court Executive Administrator” means theperson who, subject to the Chief Justice, ischarged with responsibility for the administration of the Judiciary and headsthe Department of Court Administration;

“Department of Court Administration” meansthe administrative arm of the Judiciary ofTrinidad and Tobago which is headed bythe Court Executive Administrator of theJudiciary and comprises various administrative units;

“Deputy Court Executive Administrator”means the Deputy Court ExecutiveAdministrator, Family and ChildrenDivision with responsibility for the Familyand Children Court AdministrationDepartment of the Division;

“Division” means the Family and ChildrenDivision of the High Court establishedunder section 4;

“DNA” means Deoxyribonucleic Acid;“Family Court” means the Family Court

Subdivision of the Division establishedunder section 4(1) in which family mattersare heard and addressed;

Chap. 28:02

Chap. 13:51


“Family Court Judge” means a Puisne Judgewhen sitting in the Family Court;

“Family Court Master” means a Master whensitting in the Family Court;

“family matter” means any cause, matter orlegal proceeding—

(a) concerning—(i) any applications under the

Matrimonial Proceedingsand Property Act;

(ii) maintenance;(iii) guardianship;(iv) wardship;(v) custody and access;

(vi) applications for ordersmade to the Family Courtunder section 25 of theChildren’s Authority Act;

(vii) adoption;(viii) civil child abduction;

(ix) succession and inheritance,excluding probate and theadministration of estates;and

(x) any matter in relation tothe application for andissuance of a ProtectionOrder and its enforcementunder the DomesticViolence Act other thanthose which are children matters; and

Chap. 45:51


(b) arising out of the written laws listed in Schedule 1 or any otherwritten law and which is connected with, or arises out of amatrimonial, familial or otherdomestic relationship and is not amatter in which a child is chargedor arrested;

“family mediation” means mediation conductedby a person certified as a family mediatorin accordance with the Mediation Act;

“Peer Resolution” means a voluntary restorative practices process in which children participate in a Court-like processof assessment to recommend measures orsanctions appropriate to the offence committed by a child offender with a viewto raising civic awareness among all participants through education and participation;

“referring Court” means the Court from whicha child has been referred to another Courtor to an auxiliary programme;

“Registrar” means the Registrar and Marshalof the Supreme Court, the DeputyRegistrar and Marshals of the Division andthe Assistant Registrar and DeputyMarshals of the Division;

“social worker” means—(a) a public officer experienced or

qualified in social work; or(b) an officer employed on contract

by the Government, statutory authority or the Judiciary for thepurpose of performing social work;

Chap. 5:32

Schedule 1


“substance” means any dangerous drug asdefined in the Dangerous Drugs Act and alcohol;

“treatment provider” means a suitably qualified individual or health facility whichprovides for the treatment, rehabilitationand care of persons with drug or alcoholrelated problems.

(2) In any proceedings under any written law listed in Schedule 1, a reference to—

(a) the “High Court”, or a “Court of SummaryJurisdiction” shall, in relation to a familymatter, be read and construed as a reference to the “Family Court”;

(b) a “Judge”, a “Magistrate” or the “Court”shall, in relation to a family matter, be readand construed as a reference to a “FamilyCourt Judge”, a “Family Court Master” orthe “Family Court”, respectively; and

(c) a “Clerk of the Peace” or “Clerk of theCourt” shall, in relation to a family matter,be read and construed as a reference to the“Registrar”.

(3) In any proceedings under any written law a reference to—

(a) the “High Court”, or a “Court of SummaryJurisdiction”, or a “Juvenile Court” shall,in relation to a children matter, be readand construed as a reference to the“Children Court”;

(b) a “Judge”, a “Magistrate” or the “Court”shall, in relation to a children matter, beread and construed as a reference to a“Children Court Judge”, a “Children CourtMaster” or the “Children Court”, respectively; and

Chap. 11:25


(c) a “Clerk of the Peace” or “Clerk of theCourt” shall, in relation to a children matter, be read and construed as a reference to the “Registrar”.

PART IITHE FAMILY AND CHILDREN DIVISION OF THE

HIGH COURT

4. (1) There shall be a Division of the High Court tobe known as the “Family and Children Division” whichshall comprise the Family Court Subdivision known asthe “Family Court” and the Children Court Subdivisionknown as the “Children Court”.

(2) The Family Court shall have jurisdiction in allfamily matters.

(3) The Division shall comprise up to twenty-twoPuisne Judges and up to twenty-eight Masters.

(4) The Children Court shall exercise jurisdictionin—

(a) all children matters; and(b) any other children matters which the Chief

Justice may, by Order, assign to thatCourt.

(5) The Family Court shall be separate from theChildren Court and the operations of each shall be separately housed with separate resources, and Courtoffices.

(6) Notwithstanding subsection (5), the FamilyCourt and the Children Court may be housed in thesame building provided that each maintains separateCourt offices and waiting areas.

(7) The Family Court and the Children Court shallbe housed, managed and staffed in accordance withParts IV and V of this Act.

Establishment ofFamily and ChildrenDivision


5. (1) Sittings of the Family Court shall be held atsuch locations and at such times as the Chief Justice, inconsultation with a Family Court Judge, may appoint,in accordance with the Supreme Court of JudicatureAct.

(2) Notwithstanding subsection (1), the FamilyCourt may, when required and appropriate, sit at anytime, and may conduct hearings by telephone, video conference or other appropriate electronic means.

(3) Sittings of the Children Court shall be held atsuch locations and at such times as the Chief Justice, inconsultation with a Children Court Judge, may appoint,in accordance with the Supreme Court of Judicature Actand the Children Act, 2012.

(4) Notwithstanding subsection (3) and subject toany written law or any rules made hereunder, theChildren Court may, when required and appropriate, sitat any time, and may conduct hearings by telephone,video conference or other appropriate electronic means.

(5) Without prejudice to the foregoing, upon commencement of this Act, the jurisdiction in familymatters previously exercised in Courts of SummaryJurisdiction, save the Magisterial District of St. GeorgeWest, shall continue to be exercised in those Courtsuntil the Chief Justice directs otherwise.

(6) Without prejudice to the foregoing, upon commencement of this Act, the jurisdiction in familymatters previously exercised in the High Court shallcontinue to be exercised in those Courts until the ChiefJustice directs otherwise.

Sittings of FamilyCourt and ChildrenCourt and matters inprogress

Chap. 4:01


PART IIIADMINISTRATION OF THE FAMILY AND CHILDREN

DIVISION

Deputy Registrar and Marshals and AssistantRegistrar and Deputy Marshals

6. (1) There shall be assigned to the Family andChildren Division—

(a) a complement of up to three DeputyRegistrar and Marshals of the SupremeCourt, who, when assigned to the Familyand Children Division, shall be known as“Deputy Registrar and Marshals of theFamily and Children Division”; and

(b) a complement of up to ten AssistantRegistrar and Deputy Marshals who, whenassigned to the Family and ChildrenDivision, shall be known as “AssistantRegistrar and Deputy Marshals of theFamily and Children Division”.

(2) The Deputy Registrar and Marshals of theFamily and Children Division and Assistant Registrarand Deputy Marshals of the Family and ChildrenDivision under subsection (1) shall possess the requisite special training, experience and temperamentsuitable for appointment to the Division.

(3) Where under this Act, a Deputy Registrar andMarshal of the Family and Children Division orAssistant Registrar and Deputy Marshal of the Familyand Children Division exercises jurisdiction in relationto any family matter or any children matter, he shall, inrelation to that matter, have all the rights, powers andimmunities of a Deputy Marshal of Trinidad andTobago.

Assignment ofDeputy Registrarand Marshals,Assistant Registrarand DeputyMarshals


Court Administration7. (1) There is established an administration

department for the Division which shall be known asthe “Family and Children Court AdministrationDepartment” and which shall be a subdepartment of theDepartment of Court Administration.

(2) The Family and Children Court AdministrationDepartment shall comprise the—

(a) Central Coordinating Office;(b) Family Court Administrative Office; and(c) Children Court Administrative Office.

(3) The Central Coordinating Office shall comprise—

(a) the Social Services Unit;(b) the Human Resource Management Unit;(c) the Finance, Accounts and Investment

Unit;(d) the Communications and Information Unit;(e) the Records Management, Court and Law

Reporting Unit; (f) the Children’s Authority Liaison Unit; (g) the Statistical and Evaluation Unit; and(h) such other units as may be determined by

the Chief Justice.(4) The Family Court Administrative Office shall

comprise—(a) the Family Court Office; (b) the Family Mediation Unit;(c) subunits of the Central Coordinating

Office Units; and (d) such other units and subunits as may be

determined by the Chief Justice.

Establishment of theFamily and ChildrenCourt AdministrationDepartment


(5) The Children Court Administrative Office shallcomprise—

(a) the Children Court Office; (b) the following units:

(i) the Peer Resolution CentreCoordination Unit;

(ii) the Children Drug TreatmentProcess Unit;

(iii) the Auxiliary ProgrammesCoordination and Monitoring Unit;

(iv) the Children Court InformationTechnology Unit; and

(v) the Children Court Witness SupportUnit;

(c) subunits of the Central CoordinatingOffice; and

(d) such other units and subunits as may be determined by the Chief Justice.

8. (1) The Family and Children Court AdministrationDepartment shall be headed by the Deputy CourtExecutive Administrator, Family and Children Divisionand be assisted by a Family Court Administrator and aChildren Court Administrator.

(2) The Family Court Administrative Office shallbe headed by a Family Court Administrator while theChildren Court Administrative Office shall be headedby a Children Court Administrator.

(3) The Deputy Court Executive Administratorshall report to the Court Executive Administrator andthe Family Court Administrator and the Children CourtAdministrator shall report to the Deputy CourtExecutive Administrator.

(4) The Deputy Court Administrator has overallresponsibility for the administration of the Division,

Deputy CourtExecutiveAdministrator,Family CourtAdministrator,Children CourtAdministrator andstaff


and the Family Court Administrator and the ChildrenCourt Administrator are responsible for the FamilyCourt Administrative Office and the Children CourtAdministrative Office, respectively.

(5) The Deputy Court Executive Administrator,Family Court Administrator and Children CourtAdministrator shall possess the appropriate trainingand experience as required by the Judiciary.

(6) The Family and Children Court AdministrationDepartment shall be staffed with an appropriate number of suitably qualified persons as determinedfrom time to time by the Court ExecutiveAdministrator.

(7) The Deputy Court Executive Administratormay assign staff at the Family and Children CourtAdministration Department to the Family Court or theChildren Court.

PART IVTHE FAMILY COURT

9. (1) On the commencement of this Act, authorityand jurisdiction in all family matters exercisable by theHigh Court and Courts of Summary Jurisdiction, shallbe exercisable by the Family Court.

(2) The question whether any cause, matter or proceeding is a family matter within the jurisdiction ofthe Family Court under this section shall be decided bythe Family Court.

(3) Where there is a question of jurisdiction, theFamily Court shall be guided by its view as to whetherthe cause, matter or proceeding is appropriate to bedetermined by the Family Court by reason of the matrimonial, familial or domestic relationship betweenthe parties or any of them.

Authority and jurisdiction in allfamily matters exercisable by theFamily Court


Family Court Judges10. (1) The Chief Justice may assign to the Family

Court, such Puisne Judges, who by reason of their special training, experience and temperament, are suitable to adjudicate in family matters.

(2) A Puisne Judge when sitting in the FamilyCourt shall be known as a “Family Court Judge”.

(3) A person assigned under subsection (1) mayapply to the Chief Justice for reassignment to any otherCourt within the High Court.

11. When sitting in the Family Court, a Judge orMaster shall, in addition to the powers conferred underthe Supreme Court of Judicature Act, have all the powers exercisable by a Magistrate in family mattersunder—

(a) the Summary Courts Act; and(b) any other legislation,

including the power to—(c) hear and determine matters related to

default in the payment of maintenancewhen such payment was ordered by aCourt, including ordering the committal ofa person who has defaulted;

(d) hear an application for and issue and enforce a Protection Order under theDomestic Violence Act; and

(e) grant any other relief as is applicable in thecircumstances.

Family Court Masters12. (1) The Chief Justice may also assign to the Family

Court, such Masters who, by reason of their specialtraining, experience and temperament, are suitable toadjudicate family matters.

Chap. 4:20

Chap. 45:56

Assignment ofFamily CourtMasters

Judge or Master inFamily Court to havethe powers of aMagistrate

Assignment ofFamily Court Judges


(2) A Master, when sitting in the Family Court,shall be known as a “Family Court Master”.

(3) A Master appointed under subsection (1) mayapply to the Chief Justice for reassignment to any otherCourt to which a Master may be assigned.

13. A Family Court Master shall exercise all the powers and jurisdiction of a Judge as conferred toMasters under the Supreme Court of Judicature Act and rules made thereunder.

14. (1) Where under this Act, a Family Court Masterhas jurisdiction in relation to any matter, then, subjectto this Act, he shall have and may exercise, in relationto that matter, all the powers of the Family Court or ofa Family Court Judge to make an order in the matter,and such an order may include—

(a) provision for costs; or(b) other consequential matters.

(2) Any order made by a Family Court Masterunder subsection (1) shall have the same effect as if ithad been made by the Family Court or by a FamilyCourt Judge.

(3) Where under this Act, a Family Court Masterexercises jurisdiction in relation to any family matter,then—

(a) in relation to that family matter, theMaster shall have all the rights, powers,immunities and privileges of a Judge; and

(b) any party to the proceedings may appear byan Attorney-at-law.

15. (1) Where an order for maintenance is issued by aFamily Court Judge or a Family Court Master under theFamily Law (Guardianship of Minors, Domicile andMaintenance) Act, the Order may be enforced as if itwere a Maintenance Order to which the MatrimonialProceedings and Property Act applies and shall be a Maintenance Order within the meaning of theMaintenance Orders (Facilities for Enforcement) Act.

Chap. 45:51

Chap. 46:08

Chap. 45:53

Enforcement of certain Orders

Powers of a FamilyCourt Master thesame as a FamilyCourt or FamilyCourt Judge

Powers of FamilyCourt Master


(2) Where an order is made by a Family CourtJudge or a Family Court Master under the Family Law(Guardianship of Minors, Domicile and Maintenance)Act, the provisions of sections 26 and 27 of the Act shallapply as if the Order were made by a Magistrate underthat Act.

(3) When a Court makes an order for the transferof matrimonial property, the Court may further orderthat in default of compliance with the order within astipulated time, that upon the filing of the prescribedform by the person in favour of whom the order fortransfer is made, the Registrar shall issue a notice toshow cause returnable within seventy-two hours of service why—

(a) an order should not be made directing theRegistrar to effect the transfer of said property; and

(b) an order shall not be made for committalfor contempt.

(4) At the hearing of the notice to show causeunder subsection (3), if the party who is called upon toshow cause fails to show good and sufficient cause, theCourt may make an order to effect transfer of the property and an order for committal for contempt.

(5) At the hearing of the notice to show causeunder subsection (3), if the party who is called upon toshow cause has good and sufficient reasons for non-compliance with the order of the Court, the Courtmay extend the time for compliance to a specific dateafter which the Registrar may be directed to effect thetransfer of the said property.

(6) In this section, “maintenance order” means anorder (whether final or provisional) (however describedin any other law), for the payment of a lump sum or theperiodical payment of money towards the maintenanceof any person, being a person whom the person liable to


make payments under the order, is according to the lawapplied in the place where the order was made, liable tomaintain and shall include all such orders made pursuant to any of the statutory provisions as prescribed in Schedule 2.

Administration and Staff of the Family Court16. (1) The Family Court shall, in addition to judicial

officers, be staffed with—(a) public officers; and(b) an appropriate number of other persons

engaged on contract by the CourtExecutive Administrator and who shallhold office for five years, but may be eligible for re-engagement.

(2) The persons referred to in subsection (1)(a) and(b) shall be dedicated to the Family Court, and shall possess the requisite special training, experience andtemperament suitable for appointment to the FamilyCourt, in accordance with the Court’s performance standards.

17. (1) The Family Court shall have in each location, aFamily Court Manager who shall be responsible for themanagement of the particular location.

(2) The Family Court Manager shall report to theFamily Court Administrator.

18. A member of staff of the Family Court shall, priorto the assumption of duty, make an oath or affirmationof secrecy before a Judge or Justice of the Peace in theform set out in Schedule 3.

Proceedings in the Family Court19. In any family matter before the Family Court, the

Family Proceedings Rules, 1998 and all other relevantRules of Court shall apply.

Manager of FamilyCourt

Oath of Secrecy

Schedule 3

Family ProceedingsRules to apply

Staff of the FamilyCourt

Schedule 2


20. (1) In any proceeding, the Family Court may, at itsown instance or on the application of a party, restrictthe publication of the names of the parties or of any proceedings before the Family Court.

(2) Any publication of a judgment and ruling of theFamily Court shall be done in such a manner that theparties to a family matter, or the children to whom thematter may relate, cannot be identified.

(3) The Family Court may, in proceedings before it,order that the proceedings—

(a) be held in camera; and(b) not be published.

(4) In order to protect the identity of any child, theFamily Court may, in proceedings before it, order copiesof any proceedings, judgment or ruling to be redacted bythe Family Court Records Management, Court and LawReporting Subunit, before it may be published.

(5) The Family Court, a Family Court Judge orFamily Court Master may seal the copies of the transcript of any proceedings involving a child and anydocuments relevant to such proceedings.

(6) Where the Family Court, a Family Court Judgeor Family Court Master seals the copies of the transcript of any proceedings and relevant documents,pursuant to subsection (5) or any other written law, theyshall remain sealed until a further order is made.

21. In any family matter, the Court may—(a) appoint a guardian ad litem for a child;(b) request that the Solicitor General or the

Senior Children’s Attorney assign aChildren’s Attorney to represent and safeguard the voice of a child and performsuch other functions as the Court maythink necessary, pursuant to section 88(5)of the Children Act, 2012 or any other written law;

Family Court toappoint guardian adlitem and requestChildren’s Attorney

Restrictions on publication of proceedings


(c) refer the matter to family mediation; and(d) order DNA testing of the alleged parent

and child in order to assist the Court indetermining paternity of a child.

22. In any family matter, the Court may adjourn thematter for an application to be made under the LegalAid and Advice Act.

23. Where in proceedings before any other Court, theCourt is of the view that the elements of the mattermake it desirable that the matter be dealt with by theFamily Court, it may be transferred to be adjudicated upon by the Family Court.

24. An appeal shall lie from any judgment or order ofa Family Court Master or a Family Court Judge to theCourt of Appeal in like manner and to like extent as anappeal from any judgment or order of a Judge.

PART VTHE CHILDREN COURT

25. (1) On the commencement of this Act, the authority and jurisdiction in children matters exercisable by the High Court and Courts of SummaryJurisdiction shall be exercisable by the Children Court.

(2) The question whether any cause, matter or proceeding is a children matter within the jurisdiction ofthe Children Court under this section, shall be decidedby the Children Court.

(3) Where there is a question of jurisdiction, theChildren Court shall be guided by its view as to whetherthe cause, matter or proceeding is appropriate to bedetermined by the Children Court by reason of it beinga matter in which—

(a) a child is charged; (b) an application is being or has been made

that a child is in need of care and protection;

Appeals

Authority and jurisdiction in allchildren mattersexercisable by theChildren Court

Transfer of matters

Court to adjourn forapplication for legalaid Chap. 7:07


(c) an application is being made for an orderunder section 61 of the Children Act, 2012;

(d) it is not a family matter within the meaning of this Act, but the primary issuein the matter is the care and protection ofthe child; or

(e) the Children Court is to hear an application relating to a child at which theattendance of the child is required.

Children Court Judges26. (1) The Chief Justice may assign to the Children

Court, such Puisne Judges who by reason of their special training, experience and temperament are suitable to adjudicate in children matters.

(2) A Puisne Judge when sitting in the ChildrenCourt shall be known as a “Children Court Judge”.

(3) A person assigned under subsection (1) mayapply to the Chief Justice for reassignment to any otherCourt within the High Court.

27. When sitting in the Children Court, a Judge orMaster shall, in addition to the powers conferred underthe Supreme Court of Judicature Act, have all the powers exercisable by a Magistrate in children mattersunder—

(a) the Summary Courts Act; and (b) any other written law,

including the power to—(c) hear and determine matters related to

default in the payment of maintenancewhen such payment was ordered by aCourt including ordering the committal of aperson who has defaulted;

(d) hear an application for and issue and enforce a protection order under theDomestic Violence Act; and

Powers of aChildren CourtJudge or Master

Assignment ofChildren CourtJudges


(e) grant any other relief as is applicable in thecircumstances.

Children Court Masters28. (1) The Chief Justice may also assign to the

Children Court, such Masters as are suitable by reasonof their special training, experience and temperament toadjudicate in children matters.

(2) A Master when sitting in the Children Courtshall be known as a “Children Court Master”.

(3) A person assigned under subsection (1) as aChildren Court Master may apply to the Chief Justicefor reassignment to the Children Court or to any otherCourt within the High Court.

29. A Children Court Master shall exercise all the powers and authority of a Judge as conferred to Mastersunder the Supreme Court of Judicature Act and Rulesmade thereunder.

30. (1) Where under this Act, a Children CourtMaster has jurisdiction in relation to any matter, heshall have and may exercise in relation to that matter,all the powers of the Children Court or of a ChildrenCourt Judge to make an order in the matter and such anorder may include—

(a) provision for costs; and(b) other consequential matters.

(2) Any order made by a Children Court Masterunder subsection (1) shall have the same effect as if ithad been made by the Children Court or by a ChildrenCourt Judge.

(3) Where under this Act, a Children CourtMaster exercises jurisdiction in relation to any childrenmatter—

(a) the Master shall have all the rights, powers, immunities and privileges of aJudge, in relation to such a matter;

Powers of ChildrenCourt Masters

Powers of ChildrenCourt Master thesame as a ChildrenCourt or ChildrenCourt Judge

Assignment ofChildren CourtMasters


(b) any party to the proceedings may appear byan Attorney-at-law; and

(c) in any hearing of a charge against a childcharged with a criminal offence, the Courtshall ensure that the child is representedby an Attorney-at-law.

Administration and Staff of the Children Court31. (1) The Children Court shall, in addition to

judicial officers, be staffed with—(a) public officers; and(b) an appropriate number of other persons

engaged on contract by the CourtExecutive Administrator.

(2) The persons referred to in subsection (1)(b)shall be engaged on contract for a period of up to fiveyears but may be eligible for re-engagement.

(3) The persons referred to in subsection (1)(a)and (b) shall be dedicated to the Children Court, andshall possess the requisite special training, experienceand temperament suitable for appointment to theChildren Court, in accordance with the Court’s performance standards.

32. (1) The Children Court shall have in each location, a Children Court Manager who shall beresponsible for the management of the particular location.

(2) The Children Court Manager shall report tothe Children Court Administrator.

33. A member of staff of the Children Court shall,prior to assumption of duty, make oath or affirmation ofsecrecy before a Judge or Justice of the Peace in theform set out in Schedule 3.

Staff of the ChildrenCourt

Manager of theChildren Court

Oath of Secrecy


Proceedings in the Children Court

34. (1) In order to protect the identity of any child,the Children Court may, in proceedings before it, ordercopies of any proceedings, judgment or ruling to beredacted by the Children Court Records Management,Court and Law Reporting Subunit, before it may be published.

(2) The Children Court, a Children Court Judgeor Children Court Master may seal the copies of the transcript of any proceedings involving a child and anydocuments relevant to such proceedings.

(3) Where the Children Court or a Children CourtJudge or Children Court Master seals the copies of thetranscript of any proceedings and relevant documents,pursuant to subsection (2) or any other written law, theyshall remain sealed until a further order is made.

35. (1) In any children matter, the Court may—(a) appoint a guardian ad litem for a child; and(b) request that the Solicitor General or the

Senior Children’s Attorney assign aChildren’s Attorney to represent and safeguard the voice of a child and performsuch other functions as the Court maythink necessary, pursuant to section 88(5)of the Children Act, 2012 or any other written law.

(2) During the course of any criminal investigation or interrogation in which—

(a) a child is a suspect or is being interrogated;(b) the actions of a child are being

investigated; or (c) a child is a witness,

Children Court toappoint guardian adlitem or Children’sAttorney and otherorders

Restrictions on publication of proceedings


the Children’s Authority, the Police or the DutyCounsel, appointed pursuant to section 4A(1) of theLegal Aid and Advice Act, may apply to the Court tohave a Children’s Attorney appointed for the child, andwhere the Court is of the view that appointing aChildren’s Attorney is in the best interest of the child,the Court may so order.

(3) In any children matter the Court may order—(a) that a particular social service be provided

to a child; and(b) subject to subsection (4), that probation

services be provided for—(i) pre-hearing assessments of a child

and the submission of relevantreports;

(ii) investigations and reports about thechild’s circumstances; and

(iii) supervision of a child. (4) Where probation services are required

pursuant to subsection (3)(b), the Court may, nonetheless, utilize the services of any person whosequalifications are at least equivalent to those of a probation officer and who either—

(a) is a public officer; or(b) is employed on contract by the Government

or a statutory authority.

36. In any family matter or children matter, theCourt may, where necessary, adjourn the matter for an application to be made under the Legal Aid and AdviceAct.

37. (1) Where in any children matter, the ChildrenCourt deems it necessary to continue judicial supervision of a child by conducting monitoring hearings with the child and his family, the managementof the Community Residence, or other systems of support, the Court may make the relevant order.

Court to adjourn forapplication for legalaid

Court to continuejudicial supervision

Chap. 7:07


(2) In this section, “monitoring hearings” meanshearings conducted by a Court to monitor the progressof a child before the Court.

38. Where in any matter, the Children Court orderseither a non-custodial sentence or a custodial sentenceeither of which is combined with orders for the child toparticipate in an auxiliary programme, a Children’sProbation Officer shall be assigned to monitor thechild’s compliance with the sentence and sanction andto ensure that the child is assessed for risk at the appropriate periods.

39. The probation officer assigned under section 38shall report to the Children Court periodically, asordered by the Court, with respect to—

(a) the progress of the child;(b) the child’s compliance with the sentence

and sanction;(c) the care of the child;(d) the child’s education;(e) the child’s health and general welfare;(f) the child’s interaction with his family; (g) the most recent assessments of the child;

and(h) any other issue which the Court deems

necessary.

Peer Resolution40. (1) Where in any children matter in which a child

who is charged with an offence, other than those prescribed in Schedule 4, and enters a plea of guilty, theChildren Court may, with the agreement of the childand the consent of the parent, guardian or person withresponsibility for the child, refer the matter to Court-annexed Peer Resolution to seek a recommendation as to the appropriate measures orsanctions to be employed for the offence.

Probation Officer toreport to the Court

Referral to PeerResolution

Schedule 4

Court to assignChildren’s ProbationOfficer


(2) Notwithstanding subsection (1), where theoffence does not fall within the list of offences set out inSchedule 4, and the offence is in respect of a crime—

(a) in which the child has been accused ofusing extreme violence; or

(b) which the Court is of the view—(i) is too serious or heinous in nature to

be suitable to Peer Resolution; or(ii) has been committed in—

(A) such a manner;(B) such circumstances; or(C) with such intention,

as to make it unsuitable for PeerResolution,

the Court shall not refer the child to Peer Resolution.(3) Where a child is referred to Peer Resolution,

the Children Court may impose additional measures toensure the welfare of the child.

(4) The Attorney General may, by Order, amendSchedule 4, by deleting or adding an offence, subject tonegative resolution of Parliament.

41. Notwithstanding section 40, if the parent,guardian or person with responsibility for the childwithholds consent to referral to Peer Resolution but thechild agrees to the matter being so referred, the Courtmay only refer the child to Peer Resolution where it considers it to be in the best interest of the child.

41A. Notwithstanding section 40, the Court may refera child to Peer Resolution where it considers it to be inthe best interest of the child.

42. Before seeking the agreement of the child andparental consent under section 40, the Children Courtshall explain the Peer Resolution process to the childand to the child’s parent, guardian or person withresponsibility for the child in language and in a mannerthat they understand.

Where the parentwithholds consentbut the child consents

Court to explain PeerResolution

“Court may referchild to PeerResolution in bestinterest of child


43. (1) During Peer Resolution, the child shall be questioned in camera.

(2) Deliberations of peer assessors during PeerResolution shall be in camera.

(3) “Peer assessors” means children who duringthe Peer Resolution process, determine the recommended sanction for a child in accordance withthe rules relating to Peer Resolution.

44. (1) Where the Court refers a child to PeerResolution and the child subsequently denies guilt, theCourt shall order that the child be brought to the Courtfor the hearing.

(2) Where the Court refers a child to PeerResolution and a recommendation is received by theCourt as to the sanctions for the child, the Court may—

(a) review the recommended sanctions andagree with the sanctions;

(b) refuse the sanctions and give reasons forthe refusal; or

(c) amend the recommended sanctions,and make an order, accordingly.

45. (1) If at any time while a Peer Resolution order isin force against a child under this section, it appears tothe Court on information provided by the ChildrenAuthority or the Children’s Probation Officer, that theoffender has failed to comply with any of the requirements of the order, the Court may—

(a) issue a summons requiring the offender toappear at the place and time specified inthe summons; or

(b) if the information is on oath, issue a warrant for his arrest.

(2) Any summons or warrant issued under this section shall direct the child offender to appear or bebrought before the Court.

When a child deniesguilt

When the child failsto comply with anorder

Deliberations andquestionings duringPeer Resolution to bein camera


46. If it is proved to the satisfaction of the Courtbefore which an offender appears or is brought undersection 44(2), that the offender had failed, without reasonable excuse, to comply with any of the requirements of the Peer Resolution Order, the Courtmay make a further order under sections 59(2) and 60(2)and any other relevant section of the Children Act,2012.

Children Drug Treatment Court Process47. Where a Court has received reports about a child,

the Court may adjourn the matter to be heard before theJudge or Master adjudicating in Children DrugTreatment Process matters where the Court is satisfiedthat—

(a) the child is—(i) pleading guilty and is the subject of

a pending drug-related matterbefore the Court; or

(ii) the subject of an application undersection 61 of the Children Act; and

(iii) before the Court in any other matterand it is brought to the Court’sattention that the child has a history of alcohol or substanceabuse;

(b) the child is not charged with a violent orother serious offence;

(c) the child has a history of alcohol or substance abuse;

(d) the assessment of the child indicates thatthe child may be suited to Children DrugTreatment Court Process;

(e) the assessment of the child indicates thatthe child has a good chance of benefittingfrom referral to the Children DrugTreatment Court Process;

Court to adjourn forJudge or Masteradjudicating in theChildren DrugTreatment CourtProcess matters

Court to make further order


(f) the child is able to physically and psychologically participate in drug intervention activities;

(g) the child is deemed suitable for drug rehabilitation;

(h) the child agrees to participate in theChildren Drug Court and is prepared toapply for referral to the Children DrugTreatment Court Process;

(i) the child’s parent, guardian, or person withresponsibility for the child agree that thechild should be referred to Children DrugTreatment Court Process; and

(j) the Children Drug Treatment CourtProcess and consequences have been clearly explained to the child and the parent, guardian or person with responsibility for the child.

48. Section 47(h) shall not apply in matters in whicha child pleads guilty and is the subject of a pendingdrug-related matter before the Court.

49. Notwithstanding section 47(i), the Court maymake an order referring a child to the Children DrugTreatment Court Process without the consent of thechild’s parent, guardian or person with responsibilityfor the child if the Court is of the view that—

(a) the parent, guardian, or person withresponsibility for the child is unreasonablywithholding consent for the child to bereferred to Children Drug Treatment CourtProcess;

(b) the child is committed to participating inthe Children Drug Treatment CourtProcess;

Non-application ofsection 47(h)

Court to make orderreferring child toChildren DrugTreatment CourtProcess


(c) referral to the Children Drug TreatmentCourt Process will be in the best interest ofthe child;

(d) the Children Drug Treatment CourtProcess and consequences have beenexplained clearly to the parents and thechild; and

(e) the other conditions in section 47 are met.

50. (1) If the Court makes an order referring a childto the Children Drug Treatment Court Process, theCourt shall—

(a) inform the Children Drug Treatment CourtProcess Manager immediately;

(b) forward a summary of the case file including medical, psychosocial and riskassessment reports to the Children DrugTreatment Court Process Manager;

(c) adjourn the sentencing hearing to a date tobe determined following the graduationreport or failure report being submitted bythe Children Drug Treatment CourtProcess to the referring Court; and

(d) notify the parent, guardian or person withresponsibility for the child.

51. An order of the Court referring a child to theChildren Drug Treatment Court Process suspends thepassing of a sentence on the child for the offence.

52. (1) The Children Drug Treatment Court Processshall be presided over by a Judge or Master who shall bethe decision maker.

(2) The Judge or Master shall be assisted by professionals who are already interfacing with the child,and any other professional who may be recommended byany professional dealing with the child and agreed uponby the Judge or Master and the members of a ChildrenDrug Treatment Team, in the best interest of the child.

Procedure whereCourt makes orderfor Children DrugTreatment CourtProcess

Effect of order referring child toChildren DrugTreatment CourtProcess

Children DrugTreatment CourtProcess Team


(3) The Registrar shall maintain a list of professionals which shall be known as the “ChildrenDrug Treatment Team Pool” comprising three personsappointed by the Registrar in each of the following categories of professionals:

(a) Children’s Attorneys nominated by theSolicitor General;

(b) Children’s Probation Officers nominated bythe Chief Probation Officer;

(c) suitably qualified representatives of theStudent Support Services Division of theMinistry of Education nominated by theDirector of Student Support Services of theMinistry of Education;

(d) youth development specialists who arequalified and experienced in the fields ofyouth development and social work;

(e) child psychologists nominated by theChildren’s Authority;

(f) Police officers nominated by theCommissioner of Police;

(g) representatives of the treatment provider;and

(h) any other professional as the Registrardeems appropriate.

(4) In each matter, a group comprising the following professionals:

(a) persons selected from the Children DrugTreatment Team Pool;

(b) a state counsel or legal officer nominatedby the Director of Public Prosecutions;

(c) the child’s social worker or the child’s socialworker’s alternate; and

(d) a representative of the Children’sAuthority nominated by the Director of theChildren’s Authority,


shall assist the Judge or Master as members of aChildren Drug Treatment Team headed by the Judge orMaster.

(5) The failure to appoint or the lack of input byany member of the Children Drug Treatment Teamshall not prevent a Judge or Master from making adetermination.

53. The child psychologists nominated by theChildren’s Authority under section 52(3)(e) shall be persons who are qualified to—

(a) design programmes to meet the psycho-evaluative needs of participants of theChildren Drug Treatment Court Process;

(b) assist in determining the participant’s eligibility for the Children Drug TreatmentCourt Process; and

(c) provide ancillary support such as testing,and crisis counselling.

54. Where a child is referred to the Children DrugTreatment Court Process the Court may impose additional requirements for the successful completion ofthe child’s treatment programme, as the Court deemsnecessary.

55. (1) Where the Court refers a child to the ChildrenDrug Treatment Court Process and the child fails topursue or complete the programme or measures recommended, the Registrar shall cause to be filed,where appropriate, a notice of failure.

(2) Where the Registrar, in accordance with subsection (1), files a notice of failure, the matter whichwas heard before the Judge or Master in the Court fromwhich the child was initially referred to the ChildrenDrug Treatment Court Process shall then continue inthat Court and the Court shall consider whether—

(a) the child shall be referred again to theChildren Drug Treatment Court Process;

Duties of child psychologists

Court may imposeadditional requirements

Where a child fails topursue or completethe programme


(b) in cases in which the child had appeared inCourt charged with a criminal offence, thechild should be sentenced; or

(c) another solution is suited to a case in whichthe child appeared in Court not havingbeen charged with a criminal offence.

56. Where the Court refers a child to the ChildrenDrug Treatment Court Process and the child graduatesfrom the programme, the Court shall cause to be filed agraduation notice with the Court and the referringCourt may order that no conviction be recorded.

Appeals and Transfer of Matters to the Children Court

57. Where in proceedings before any other Court, thatCourt is of the view that the elements of the mattermake it desirable that the matter be dealt with by theChildren Court, it may transfer the matter to theChildren Court and the Children Court may adjudicateon the matter.

58. An appeal shall lie from any judgment or order ofa Children Court Master or a Children Court Judge tothe Court of Appeal in like manner and to like extent asan appeal from any judgment or order of a Judge.

PART VIMISCELLANEOUS

59. Notwithstanding sections 11(d), 27(d) and anyother written law, applications for, and the issuance ofa Protection Order or its enforcement under theDomestic Violence Act may also be heard by aMagistrate in the Magistrate’s Court.

60. (1) The Rules Committee established under section 77 of the Supreme Court of Judicature Act maymake Rules with respect to the—

(a) exercise of the functions and powers of theFamily Court Masters, when sitting in theFamily Court;

Court causes to befiled a graduationnotice

Magistrate may hearapplications for andissuance of aProtection Order orits enforcement

Appeals

Transfer of matters

Rules


(b) the initiation of matters in each of the subdivisions of the Division and the transfer of matters between the subdivisions;

(c) exercise of the functions of the ChildrenCourt Masters when sitting in the ChildrenCourt;

(d) duties of the officers attached to the FamilyCourt and Children Court;

(e) forms, applications, complaints, notices,particulars, summonses, warrants andother processes necessary for the purposesof the Family Court and Children Courtand any matters relating to the foregoing;

(f) regulation of the practice and procedure ofthe Family Court and Children Court;

(g) fees to be paid under this Act;(h) accounts to be rendered of moneys received

by any person under this Act;(i) method of issue of process under this Act,

and the manner of receipt of, and accounting for, fees in respect of suchprocess; and

(j) things that are incidental or necessary forgiving effect to the purposes of this Act.

(2) The Rules made under this Act shall be subject to negative resolution of Parliament.

(3) The Chief Justice may, by Practice Direction,determine the case types and categories of applicationsto be heard by each subdivision.

61. The President may, by Order, amend Schedules 1and 3 and such Order shall be subject to negative resolution of Parliament.

Power to amendSchedules 1 and 3


62. (1) Where before the commencement of this Act—(a) subject to section 46 of the Family Law

(Guardianship of Minors, Domicile andMaintenance) Act, any family proceedingshave been instituted in the High Court orin the Magistrates’ Court, the High Courtor the Magistrates’ Court, as the case maybe, shall have jurisdiction to continue tohear and determine the proceedingsnotwithstanding any provisions to the contrary in this Act; and

(b) the High Court or a Magistrate’s Court wasvested with jurisdiction to enforce, renew,vary, suspend, revive, cancel or dischargean Order in respect of a children matterand, by virtue of this Act such jurisdictionvests in the Family Court, the jurisdictionshall be exercisable by the Family Court.

(2) Where before the commencement of this Act—(a) a child has been charged with an offence

and proceedings have commenced withrespect to that charge in the High Court orin a Magistrate’s Court in which that Courthad jurisdiction, the High Court or theMagistrate’s Court, as the case may be,shall have jurisdiction to continue to hear and determine the proceedings notwithstanding any provisions to the contrary in this Act; and

(b) the High Court or a Magistrate’s Court wasvested with jurisdiction to enforce, renew,vary, suspend, revive, cancel or dischargean Order in respect of a children matterand, by virtue of this Act, such jurisdictionvests in the Juvenile Court, jurisdictionshall be exercisable by the Children Court.

63. The written laws specified in the First Column ofSchedule 5 are amended to the extent specified in theSecond Column of that Schedule.

Transitionalprovisions

ConsequentialamendmentsSchedule 5


SCHEDULE 1

[Section 3(1)]

WRITTEN LAWS IN RELATION TO FAMILY MATTERS

Administration of Estates Act ... ... ... Chap. 9:01Succession Act (Part VIII) ... ... ... Chap. 9:02Emigration (Children) Act ... ... ... Chap. 18:02Marriage Act ... ... ... ... ... Chap. 45:01Muslim Marriage and Divorce Act ... ... Chap. 45:02Hindu Marriage Act ... ... ... ... Chap. 45:03Orisa Marriage Act ... ... ... ... Chap. 45:04Married Persons Act ... ... ... ... Chap. 45:50Matrimonial Proceedings and Property Act ... Chap. 45:51Attachment of Earnings (Maintenance) Act ... Chap. 45:52Maintenance Orders (Facilities for Enforcement) Chap. 45:53

ActCohabitational Relationships Act ... ... Chap. 45:55Domestic Violence Act ... ... .... Chap. 45:56Children Act ... ... ... ... ... Act No. 12 of

2012Infants Act ... ... ... ... ... Chap. 46:02Adoption of Children Act ... ... ... Act No. 67 of

2000Age of Majority Act ... ... ... ... Chap. 46:06Status of Children Act ... ... ... Chap. 46:07Family Law (Guardianship of Minors, Domicile Chap. 46:08

and Maintenance) ActChildren’s Authority Act ... ... ... Chap. 46:10Children’s Community Residences, Foster Care Act No. 65 of

and Nurseries Act 2000Occupational Safety and Health Act (Part IX) Chap. 88:08International Child Abduction Act ... ... Chap. 12:08


SCHEDULE 2[Section 15(6)]

MAINTENANCE ORDERS TO WHICH THIS ACT APPLIES

1. An order for maintenance pending suit, maintenance, periodical payments, financial relief or other payments made,or having effect as if made under the Matrimonial Proceedingsand Property Act, Chap. 45:51.

2. An order for payments to, or in respect of a child, being anorder made, or having effect as if made, under Part III of thesaid Matrimonial Proceedings and Property Act, Chap. 45:51.

3. An order for maintenance made under section 41 of theMatrimonial Proceedings and Property Act, Chap. 45:51.

4. An order under sections 13(2), 13(5), 13(6)(a), 13(6)(b), 14(1)(b)and 15(b) of the Family Law (Guardianship of Minors,Domicile and Maintenance) Act, Chap. 46:08.

5. An order for maintenance made pursuant to a paternity orderunder section 22 of the Family Law (Guardianship of Minors,Domicile and Maintenance) Act, Chap. 46:08.

6. An order for maintenance or other periodical payments to, orin respect of a spouse or a child, being an order made, or having effect as if made under section 25 of the Family Law(Guardianship of Minors, Domicile and Maintenance) Act,Chap. 46:08.

7. An order under section 48 of the Children Act, 2012.8. An order for maintenance under section 5 of the Age of

Majority Act, Chap. 46:06.9. An order for maintenance under Part VIII of the Succession

Act, Chap. 9:02.10. A maintenance order within the meaning of the Maintenance

Orders (Facilities for Enforcement) Act, 2000 (UnitedKingdom, and certain Commonwealth Maintenance Ordersenforceable in Trinidad and Tobago) registered in, or confirmed by, a Court in Trinidad and Tobago under the saidAct.

11. A maintenance order under section 15 or 16 of theCohabitational Relationships Act, Chap. 45:55.

12. A Protection Order with provision for maintenance or otherfinancial relief under section 6 of the Domestic Violence Act,Chap. 45:56.


SCHEDULE 3(Sections 18 and 33)

OATH (OR AFFIRMATION) OF SECRECY

I, (A.B.), ................................................................................. do swear(solemnly affirm) that I will not, without due authority in thatbehalf, in any manner whatsoever, publish or communicate anyfacts or information being facts or expressions of opinion based onsuch facts that came to my knowledge by reason of my employment.

SCHEDULE 4(Section 40)

OFFENCES FOR WHICH PEER RESOLUTION IS NOT AVAILABLE

1. Treason.2. Offences against the person, namely—

(a) Murder;(b) Conspiring or soliciting to commit murder;(c) Manslaughter;(d) Shooting or wounding with intent to do grievous

bodily harm or unlawful wounding;(e) Assault occasioning bodily harm.

3. Offences involving kidnapping, namely—(a) Kidnapping;(b) Kidnapping for ransom;(c) Knowingly negotiating to obtain a ransom.

4. Any sexual offence.5. Offences under the Trafficking in Persons Act, 2011.6. Unlawful possession of a firearm or ammunition.7. Possession or use of firearms or ammunition with intent to

endanger life.8. Possession of imitation firearms in pursuance of any criminal

offence.9. Robbery, Robbery with Aggravation, Robbery with Violence.

10. Sedition.11. Piracy or Hijacking.12. An offence under the Anti-gang Act, 2011.13. Inciting any of the offences in this Schedule.


SCHEDULE 5(Section 63)

CONSEQUENTIAL AND OTHER AMENDMENTS TO VARIOUS ACTS

First Column

Written Laws1. S u p r e m e

Court ofJ u d i c a t u r eAct, Chap. 4:01

2. Bail Act, Chap. 4:60

Second ColumnExtent of Amendments

The Supreme Court of Judicature Act is amended—

(a) in section 5(1), by deleting the word “thirty-six” and substituting theword “forty-nine”;

(b) by deleting the words “Judge inChambers” wherever they occur and substituting the word “Judge”;

(c) in section 65B(1), by deleting thewords “sitting in Chambers”; and

(d) in section 65D(a), by deleting thewords “in Chambers”.

The Bail Act is amended—(a) in section 3—

(i) by deleting the definitions of“child” and “young person”;

(ii) by inserting in the appropriatealphabetical sequence the following definition:

“child” means a personunder the age of eighteen years;”;

(b) by deleting the words “child or young person” and “young person” whereverthey occur and substituting the word“child”;

(c) in section 6(1)—(i) in paragraph (c), by deleting

the words “Children Act” and substituting the words“Children Act, 2012”; and

(ii) in paragraph (d), by deletingthe word “young” and substituting the word “child”;and


First ColumnWritten Laws


3. S u m m a r yCourts Act,Chap. 4:20

4. The Administra-tion of Justice( D e o x y r i b o -nucleic Acid)Act, Chap. 5:34

5. Legal Aid andAdvice Act,Chap. 7:07

(d) in section 15(6), by deleting the words“section 52 of the Children Act” and substituting the words “section 54 ofthe Children Act, 2012”.

The Summary Courts Act is amended insection 63A(2), by deleting the words “section76 of the Children Act” and substituting thewords “section 98 of the Children Act, 2012”.

The Administration of Justice(Deoxyribonucleic Acid) Act is amended byinserting after section 29 the following section:

29A. DNA data or informationwith respect to non-intimate orintimate samples taken in accordance with this Act shall beused or disclosed only for purposes—

(a) related to the detection of crime;

(b) the investigation ofoffences; or

(c) the conduct of prosecutions by, or onbehalf of, police or otherlaw enforcement andprosecuting authorities.”.

The Legal Aid and Advice Act is amended—(a) in section 2, by inserting in the

appropriate alphabetical sequencethe following definition:

“ “Children Court” has the meaningassigned to it under section 3of the Family and ChildrenDivision Act, 2016;”;

(b) in section 16(3)(a), by inserting afterthe words “Court of summary jurisdiction” the words “or ChildrenCourt”;

SCHEDULE 5—CONTINUED

“Use of DNAdata andinformationwith respectto non-intimate andintimatesamples





6. Probation ofOffenders Act,Chap. 13:51

(c) in section 16(5B), by deleting theword “juvenile” and substituting theword “Children”; and

(d) in section 16(5C)—(i) by deleting the words

“section 74 of the ChildrenAct” and substituting thewords “section 54 of theChildren Act, 2012”; and

(ii) by deleting the words “Part IV” and substituting thewords “Part X”.

The Probation of Offenders Act is amend-ed—

(a) in section 2—(i) by inserting in the appropriate

alphabetical sequence the following definitions:

“ “child” has the meaningassigned to it under theChildren Act, 2012;

“Children’s ProbationOfficer” means a personappointed to be aChildren’s ProbationOfficer under section 18;”;and

(ii) in the definition of “probationorder”, by inserting after thewords “under this Act” thewords “, the Children Act,2012 or the Family andChildren Division Act, 2016,”;





(b) by inserting after section 8, the following new section:

8A. Where a Courtrequires an assessment,investigation and reporton a child or person associated with a child to determine what provisions shall be madefor the care of that childpending hearing, duringhearing or post hearing,the Court may order thata suitably qualified probation officer conductsuch assessment, investi-gation and report on thechild or the person.”;

(c) in section 16, by inserting after subsection (2), the following new subsection:

“ (3) Where—(a) a child is placed by the

Court under the supervision of a welfare officer (probation); or

(b) the Chief ProbationOfficer assigns a welfare officer (probation) to a child,

the welfare officer (probation)shall be known as a “Children’sProbation Officer.”; and

(d) in section 18(1), by inserting afterparagraph (a), the following newparagraph:“ (aa) a Children’s Probation Officer

who shall be a person who has beentrained and is qualified asa specialist in the welfareof children;”.

“Court mayorder a probationofficer toconductassessments,investigationand reports





7. I n d i c t a b l eO f f e n c e s(PreliminaryEnquiry) Act,Chap. 12:01

8. Prisons Act,Chap. 13:01

The Indictable Offences (PreliminaryEnquiry) Act is amended—

(a) in section 16C, in subsection (2)—(i) by inserting after the word

“child”, the words “who isunder ten years of age”; and

(ii) by deleting the words “section19 of the Children Act” andsubstituting the words “section 98 of the Children Act,2012”; and

(b) by inserting after subsection (2), thefollowing new subsection:

“ (2A) Where a child, ten yearsof age and over, is a witness in apreliminary enquiry, the childshall first swear on oath andthen this section shall be appliedto any written statement madeby such a witness.”.

The Prisons Act is amended—(a) in section 2—

(i) by deleting the definition of“Industrial Institution” andsubstituting in the appropri-ate alphabetical sequence thefollowing definition:“ “Rehabilitation Centre” has

the meaning assigned toit under section 2 of theChildren’s CommunityResidences, Foster Careand Nurseries Act; and;”

(ii) in the definition of “prisoner”,by inserting after the words“charge of any offence” thewords “but does not include achild charged nor a childoffender”;

Act No. 65 of2000




(iii) by deleting the definition of “young offender” and inserting in the appropriate alphabetical sequence the following definitions:“ “child charged” has the

meaning assigned to itunder section 1A of theChild RehabilitationCentre Act;

“child offender” has themeaning assigned to itunder section 1A of theChild RehabilitationCentre Act;”;

(b) in section 22(a), by deleting subparagraph (ii);

(c) in section 22(b)—(i) in subparagraphs (i) and (ii),

by deleting the words “andyoung offenders”;

(ii) in subparagraph (iv), by deleting the words “or a youngoffender”; and

(iii) in subparagraph (v), by deleting the words “orIndustrial Institution”;

(d) in section 22(c)—(i) by deleting the words “,

Industrial Institution” andsubstituting the word “or”; and

(ii) by deleting the words “oryoung offender”;

(e) in section 23(1)—(i) in paragraph (a), by deleting

the words “or IndustrialInstitution” wherever theyoccur; and

(ii) in paragraph (c), by deletingall the words after the words“a prison” and substitutingthe words “or prisoner”;


Chap. 13:05




9. Y o u n gO f f e n d e r sDetention Act,Chap. 13:05

(f) in section 24(3)—(i) in the chapeau, by deleting the

words “and IndustrialInstitution”;

(ii) in paragraph (a), by deletingthe words “or IndustrialInstitution”;

(iii) in paragraph (b), by deletingall the words after the word“prisoners”;

(iv) in paragraph (d), by deletingthe words “or young offenders”; and

(v) in paragraph (e), by deletingthe words “and young offenders”.

The Young Offenders Detention Act isamended—

(a) in the long title, by deleting all thewords from “Reformation” to the endand substituting the words “detention of child offenders and children charged with criminaloffences.”;

(b) in section 1, by deleting the words“Young Offenders Detention” andsubstituting the words “ChildRehabilitation Centre”;

(c) by inserting after section 1, the following new sections:

1A. In this Act—“ A u t h o r i t y ”

means theC h i l d r e n ’ sA u t h o r i t yestablishedu n d e r section 4 oft h eC h i l d r e n ’ sA u t h o r i t yAct;


“Interpretation

Chap. 46:10




“child” has them e a n i n gassigned to itu n d e r section 3 oft h eC h i l d r e nAct, 2012;

“child charged”means achild whohas beencharged withan offenceand is awaiting theoutcome of a hearing ortrial;

“child offender”means achild whohas been convicted ofa criminaloffence;

“Commissionerof Prisons”has them e a n i n gassigned toit under section 2 ofthe PrisonsAct;

“ M i n i s t e r ”means theMinister tow h o mresponsibilityfor nationalsecurity hasb e e nassigned;


Chap. 13:01

Act No. 12 of 2012




“prison officer”has them e a n i n gassigned to itu n d e r section 2 ofthe PrisonsAct;

“RehabilitationCentre” hasthe meaningassigned to itu n d e r section 2 oft h eC h i l d r e n ’ sCommunityResidences,Foster Carea n dN u r s e r i e sAct.

1B. This Act bindsthe State.”;

(d) by deleting the word “Institution”wherever it occurs and substitutingthe words “Rehabilitation Centre”;

(e) by repealing section 2 and substituting the following new section:

2. (1) The Ministermay, by Order, after consultation with theCommissioner ofPrisons and theAuthority, designatepremises to be a ChildRehabilitation Centre(hereinafter referred toas “a RehabilitationCentre”).


Act No. 65 of 2000

“DesignationofRehabilitationCentres

Act binds theState




(2) P r e m i s e s designated under subsection (1) shall bedeemed to be licensed asa Rehabilitation Centreunder the Children’sCommunity Residences,Foster Care andNurseries Act and subject to subsection (3), the provisions of that Actshall apply.

(3) The following provisions shall notapply to aRehabilitation Centredesignated under subsection (1):

(a) sections 11(1)and (3), 11A, 12to 17, 19(1), 20,24 and 26 of theC h i l d r e n ’ sC o m m u n i t yR e s i d e n c e s ,Foster Care andNurseries Act;and

(b) Part II and regulation 22 ofthe Children’sC o m m u n i t yR e s i d e n c e sR e g u l a t i o n s ,2014.

(4) The Comm-issioner of Prisons shallbe deemed to be themanager or licensee of aRehabilitation Centre.





(5) The expense attendant upon the designation, conductand maintenance of aRehabilitation Centreshall be a charge on theConsolidated Fund.

(6) The Ministermay, by Order, on the recommendation of theAuthority, revoke anOrder made under subsection (1).”;

(f) by repealing section 3 and substituting the following sections:

3. (1) A RehabilitationCentre shall be under the management and controlof the Commissioner ofPrisons, subject to—

(a) the powers andfunctions of theAuthority under—

(i) t h eC h i l d r e n ’ sA u t h o r i t yAct and in part icular , s e c t i o n s5(1)(c) and(f), 6 and 22;and

(ii) t h eC h i l d r e n ’ sCommunityResidences,Foster Carea n dN u r s e r i e sAct and in part icular , sections 9(1),23 and 27(1);and


“Managementand control of RehabilitationCentres




(b) the standards forC o m m u n i t yR e s i d e n c e s prescribed in theC h i l d r e n ’ sC o m m u n i t yR e s i d e n c e sRegulations, 2014,including thoseapplicable toR e h a b i l i t a t i o nCentres.

(2) There shall be anAdvisory Board to beknown as the ChildAdvisory Board (here-inafter referred to as “theBoard”) which shall advisethe Commissioner ofPrisons with respect to themanagement and control ofthe Rehabilitation Centre.

(3) The Board shallcomprise a Chairman andfour other members including an appropriatelyqualified—

(a) youth developmentspecialist;

(b) Attorney-at-lawwith not less thanseven years’ experience in thearea of family lawor children law;

(c) social worker withat least five years’experience in matters relating tochildren; and





(d) psychologist withexpertise in childbehaviour anda d o l e s c e n t behaviour,

appointed by the Ministerand who shall hold officefor three years or for a lesser period as determinedby the Minister.

(4) There shall beappointed at eachRehabilitation Centre, aSuperintendent, who shallbe under the direction ofthe Commissioner ofPrisons, and who shall be—

(a) responsible forthe day to dayadministration ofthe RehabilitationCentre;

(b) in immediatecharge of eachR e h a b i l i t a t i o nCentre and of thestaff appointed tothe RehabilitationCentre;

(c) responsible for theproper manage-ment of theR e h a b i l i t a t i o nCentre; and

(d) responsible for themaintenance ofgood order and discipline of thestaff and childrentherein.





(5) The Superintendentreferred to in sub-section (4), shall be assisted by an AssistantSuperintendent.

(6) The Chief WelfareOfficer shall ex officio be anon-voting member of theBoard.

3A. Subject to sub-section (5), the Board shalladvise the Commissioner ofPrisons with respect to—

(a) strategies for rehabilitation andthe reduction ofrecidivism of childresidents;

(b) t r a i n i n g programmes forofficers and residents ofR e h a b i l i t a t i o nCentres;

(c) the fitness for discharge of anyresident of aR e h a b i l i t a t i o nCentre;

(d) the making ofapplications to theCourt for permis-sion for a residentover the age of sixteen years toengage in on-the-job training outside of theR e h a b i l i t a t i o nCentre; and


Functions ofthe Board




(e) other mattersrelating to them a n a g e m e n t ,maintenance oroperations of theR e h a b i l i t a t i o nCentres.

3B. The Commissioner ofPrisons shall be responsible for ensuringthat each resident of aRehabilitation Centre isadequately clothed, fed,and educated, and isencouraged to engage inappropriate characterbuilding and personaldevelopment activities.”;

(g) by repealing section 5 and substituting the following section:

5. The Minister may,after consultation withthe Commissioner ofPrisons and theAuthority, makeRegulations for—

(a) the security, management andsecurity operationsof RehabilitationCentres;

(b) the establishmentof a system ofmarks and ofrewards for goodconduct;

(c) the awarding ofgratuities on discharge; and


Duty ofCommissionerof Prisons

“Regulations




(d) a n y t h i n g necessary for giving effect to theprovisions of thisAct.”;

(h) in section 7—(i) by repealing subsections (1)

and (2) and substituting thefollowing subsections:

“ (1) Where a child isconvicted before the HighCourt on indictment ofany offence or before aCourt of SummaryJurisdiction of anyoffence to which a custodial sentence mayapply, the Court maycommit such a child to aRehabilitation Centreappropriate to his age, in accordance with sections 59(1)(e) and (3); 60(2)(b)(i), (3) and (5); 64(1) and 76 of theChildren Act, 2012.

(2) Where a childcharged, who is betweenthe ages of ten years andeighteen years, and whois not released on bail,appears before the Courtand the matter is beingadjourned or trial ispending, the Court maycommit the child to aRehabilitation Centreappropriate to his age,in accordance withsection 54(1)(a) of theChildren Act, 2012.




Second ColumnExtent of Amendments(ii) in subsection (4)—

(A) by deleting the word“person” wherever itoccurs and substitutingthe word “child”;

(B) by deleting the words“sentence of detention”wherever they occurand substituting thewords “custodial sentence”; and

(C) by deleting the words“prison or to such othersafe custody” and substituting the words“a RehabilitationCentre”;

(iii) by inserting aftersubsection (4), the followingnew subsections:

“ (4A) Where a childcharged is in custody pending trial or pendingsentence, he shall not behoused with child offenderswho are serving custodialsentences.

(4B) Notwithstandingsubsection (4A), the children charged and childoffenders serving custodialsentences may be housed inthe same RehabilitationCentre but they shall beseparated.”; and

(iv) in subsection (5), by deletingthe word “person” wherever itoccurs and substituting theword “child”;

(i) by repealing sections 8, 11, 14 and 15;





10. Police ServiceAct, Chap. 15:01

(j) in sections 9 and 10, by deleting theword “person” wherever it occursand substituting the word “child”;and

(k) by repealing section 12 and substituting the following new section:

12. (1) The Com-missioner of Prisonsmay, after six monthsfrom the commencementof the term of detentionof a child offender, makean application to theChildren Court for anyof the non-custodial sentences availableunder section 59(2) andsection 60(2) of theChildren Act, 2012.

(2) An applicationmade pursuant to subsection (1) shall beserved on the Authority.

(3) The Court mayhear and take into consideration sub-missions on behalf of theAuthority, with respectto the appropriate non-custodial sentence.”.

The Police Service Act is amended byinserting after section 50L the following newsections:

50M. All measurements, photo-graphs, and fingerprint impressions taken and recordedfor the purpose of identificationunder this Act or any other written law shall be used or disclosed only for purposes—

(a) related to the detection ofcrime;


“Applicationfor non-custodialsentencesunder Act No. 12 of2012

“Use and disclosure ofmeasurements,photographs,etc.




11. MatrimonialP r o c e e d i n g sand PropertyAct, Chap. 45:51

12. Adoption ofChildren Act,2000

(b) the investigation ofoffences; or

(c) the conduct of prosecutions by, or onbehalf of police or otherlaw enforcement andprosecuting authorities.

50N. A person who negligentlyor wilfully—

(a) shares measurements,photographs or finger-print impressions, takenand recorded under thisAct or any other writtenlaw, with another person;or

(b) discloses measurements,photographs or finger-print impressions, takenand recorded under thisAct or any other writtenlaw, to another person,

without authorisation, commits an offence andis liable on summary conviction to a fine of fifteen thousand dollars and to imprisonmentfor two years.”.

The Matrimonial Proceedings and PropertyAct is amended in section 37, by deleting thewords “or 28” and substituting the words “, 28or 30”.

The Adoption of Children Act is amended—(a) in section 2, by inserting in the

appropriate alphabetical sequence,the following definition:

“ “the Authority” means theChildren’s Authority established under section 4of the Children’s AuthorityAct;”;


Sharing ordisclosingmeasure-ments, photographs,or fingerprintimpressions




(b) in section 15—(i) in subsection (2), by inserting

after the word “residence” thewords “or with a prospectiveadopter or adopters approvedby the Authority and assessedby the Authority as a matchwith a child”; and

(ii) by inserting after subsection (5), the followingnew subsections:

“ (5A) Where—(a) a pregnant

woman has madean application tothe Authority toplace her child foradoption whenthe child is born;or

(b) a mother who hasgiven birth with-in the previoussix weeks makesan application tothe Authority toplace her child foradoption,

the Authority may receive thatchild into its care.

(5B) Where the Authorityreceives the child referred toin subsection (5A) into itscare within six weeks of thebirth of the child, theAuthority may place thechild—

(a) with a foster parent;(b) in a Community

Residence; or





(c) with a prospectiveadopter who has beenassessed by theAuthority as a goodmatch with the childand approved by theAuthority.

(5C) An application madein the circumstancesdescribed in subsection (5A)shall not constitute a consent to adoption by themother, which consent mayonly be given in accordancewith subsection (5)”.;

(c) in section 18—(i) in subsection (1)—

(A) by deleting the words“any person” and substituting thewords “the Authorityfor the adoption of achild by any person,”;

(B) by deleting the word“court” and substitutingthe word “Court”;

(C) by deleting the words“the applicant” andsubstituting the words“that person”; and

(D) by deleting the word“a” the final time itappears and sub-stituting the word“the”; and

(ii) in subsection (2)—(A) by inserting after the

word “by” the words“the Authority inrespect of”; and





13. Status ofChildren Act,Chap. 46:07

(B) by deleting the word“court” and substituting the word“Court”;

(d) in section 35(1)—(i) by deleting the word

“possession” and substitutingthe word “control”; and

(ii) by deleting all the words afterthe word “unless” and substituting the words “anorder has been made in respectof that child under section 36.”;

(e) in section 36—(i) in subsection (2)—

(A) in paragraph (a), bydeleting the word“and”;

(B) in paragraph (b), bydeleting the full-stopafter the word “child”and substituting thewords “; and”; and

(C) by inserting afterparagraph (b), the following paragraph:

“(c) notifies theA u t h o r i t ybefore a trans-fer order isgranted.”; and

(ii) by repealing subsection (4).

The Status of Children Act is amended—(a) in section 2(1), in the definition of

“Minister”, by deleting all the wordsafter the word “for” and substitutingthe words “the registration of birthsand deaths is assigned”;





(b) in section 2(2)—(i) by deleting the definitions of

“blood samples”, “blood tests”and “tester”;

(ii) by inserting in the appropriatealphabetical sequence, the following definitions:“ “DNA” means deoxyribo-

nucleic acid;“DNA analysis” means the

analysis of geneticmaterial performed bya tester;

“non-invasive tissue sample” means—

(a) a sample of hairplucked with theroot, other thanpubic hair;

(b) a sample takenfrom or under afingernail or toe-nail;

(c) a swab takenfrom any part ofa person’s buccalcavity or any partof his body otherthan any part ofhis genitalia,anus or rectum;

(d) a skin i m p r e s s i o ntaken withoutbreaking theskin;

“qualified person” means aperson designated bythe Registrar andMarshal of theSupreme Court undersection 14;





“tissue sample” includes asample of blood, saliva,hair or epithelial cells;

“tester” means a labora-tory listed in theSchedule;”;

(c) by deleting the heading “BLOODTESTS” occurring after section 12and substituting the heading “DNAANALYSIS”;

(d) in section 13—(i) by repealing subsections (1),

(2) and (3), and substitutingthe following new subsections:

(1) Where, inany civil proceed-ings, the questionof whether a person is the parent or siblingof another person( h e r e i n a f t e rreferred to as “thesubject”) falls tobe determined,the Court maygive directionsfor—

(a) the use ofD N A analysis, toa s c e r t a i nwhether ornot the a n a l y s i sshows thata party tothe proceed-ings is theparent orsibling ofthe subject;and


“Power ofCourt torequire DNAanalysis




(b) the taking of anon-invasivetissue samplefrom—(i) t h e

s u b j e c t ;and

(ii) a n y p e r s o nalleged tobe theparent orsibling oft h e s u b j e c t ,within ap e r i o dspecifiedin thedirection,

and the Courtmay, at anytime, revokeor vary ad i r e c t i o n p r e v i o u s l ygiven by itunder thissection.

(2) The Courtshall, in givingdirections for thetaking of the non-invasive tissue sample, assign toeach person fromwhom a non-invasive tissue sample is beingtaken, an identifying number





which shall be usedby the tester withthe name of the person whom thatnumber identifiesbeing known only bythe Registrar.

(3) A tester per-forming an analysisreferred to in sub-section (1) shall submit to the Courtwhich gave thedirection for theanalysis, a reportwhich shall include—

(a) the results ofthe analysisby referenceto the i d e n t i f y i n gn u m b e r sattached toeach non-i n v a s i v e tissue sample;and

(b) a statement ofthe findingsfrom theanalysis, withrespect to therelationship,if any betweenthe partiesfrom whom thenon-invasivet i s s u e samples weretaken.





(3A) A reportsubmitted undersubsection (3), shallbe received by anyCourt as evidence ofthe matters statedtherein.”;

(ii) in subsection (5)—(a) by deleting the words

“tests taken” and substituting the words“DNA analysis”; and

(b) by deleting the words“those tests” and substituting the words“the analysis”;

(iii) by repealing subsection (6)and substituting the followingnew subsection:

“ (6) Where a direction isgiven under this section,the Court may order thatthe cost of taking andanalysing non-invasive tissue sample, for the purpose of giving effect tothe direction, shall beborne in whole or in partby—

(a) any party to the proceedings;

(b) any other person as theCourt thinks fit; or

(c) the Court,and may make such other order as itthinks fit.”;





(e) by inserting after subsection (6) thefollowing new subsection:

(6A) In relation to anyparty to proceedingsunder this section, theCourt shall give directions with respectto—

(a) the nature of identification to beprovided to theperson taking an o n - i n v a s i v e tissue sample;

(b) the time and placefor giving of then o n - i n v a s i v e tissue sample;

(c) the persons inwhose presencethe non-invasivetissue sample shallbe given; and

(d) any other directionas the Court seesfit.”;

(f) by inserting after section 13 the following new section:

13A. Nothing in thisAct shall be construed as preventing parties interested in the determination ofparental relationshipfrom consenting to theuse of DNA analysisusing services of theirchoice unless the Courtdirects otherwise.”;


“Court to givedirections asto identifica-tion

“Use of DNAanalysis services ofparties’ ownchoice




(g) by repealing section 14 and substituting the following new section:

14. The Registrar andMarshal of the SupremeCourt may designate aqualified person to takenon-invasive tissue samples in respect ofwhich DNA analysis isrequired.”;

(h) in section 15, by repealing subsections (2) and (3);

(i) by inserting after section 15 the following new sections:

15A. Any person whoimpersonates a qualifiedperson, commits anoffence and is liable—

(a) on summary conviction, to a fineof fifty thousanddollars and toimprisonment fortwo years; or

(b) on conviction onindictment, toimprisonment forthree years.

15B. A person who wilfully and withoutauthorisation—

(a) tampers with ordestroys a tissuesample or the container or package containinga tissue sample;


“Designationof qualifiedpersons

“Personatinga qualifiedperson

DNA analysisbetween consentingparties




(b) falsifies informa-tion required underthis Act;

(c) falsifies results of aDNA test; or

(d) gains or givesaccess to a tissuesample,

commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars and to imprison-ment for seven years.”;

(j) in section 16—(i) in the chapeau, by—

(A) deleting the word“blood” and sub-stituting the words“non-invasive tissue”;

(B) deleting the words “atest” and substitutingthe words “DNAanalysis”;

(ii) by deleting paragraphs (a) and(b) and substituting the following new paragraphs:

“(a) on summary conviction, to a fine offifty thousand dollarsand to imprisonmentfor three years; or

(b) on conviction onindictment, toimprisonment for fiveyears.”; and

(iii) by repealing subsection (2);





(k) by repealing section 17 and substituting the following new sections:

17. (1) For the purposes of this Act, atissue sample may betaken from a deceasedperson on the direction ofthe Court.

(2) A tissue samplereferred to in subsection(1) may be taken fromany part of the body orfrom blood or bodily fluidof the deceased person.

(3) Where a samplehas been taken from aperson prior to death, theCourt may direct that tissue samples havingbeen obtained during anymedical procedures maybe used for DNA testingsubsequent to death.

(4) A tissue samplemay be accepted into evidence provided that itcan be proved to the satisfaction of the Courtthat—

(a) the tissue samplecan be identified ashaving been takenfrom the personwho is the subjectof the proceedings;and

(b) the sample has notbeen contaminated.”;


“Tissue samples fromdeceased




14. The FamilyProceedingsAct,Chap. 46:09

(l) by inserting after section 18, the following new sections:

18A. The Ministermay, by Order, for the purposes of DNAanalysis, designate a laboratory that is accredited by an inter-national accreditingbody.

18B. (1) The RulesCommittee may makerules–

(a) with respect to anydirection given bythe Court pursuantto section 13; and

(b) to regulate the taking, identifica-tion and transportof tissue samplesreferred to in section 17.

(2) In this section, “the RulesCommittee” means theRules Committee of the Supreme Court established under section 77 of the SupremeCourt Act.”; and

The Family Proceedings Act is amended—(a) in the long title, by inserting after the

word “Proceedings” the words “andChildren Proceedings”;

(b) in section 1, by inserting after theword “Proceedings” the words “andChildren Proceedings”;


Chap. 4:01

“Ministermaydesignate alaboratory

RulesCommitteeto makerules




(c) in section 2, by inserting after theword “proceedings” the words “andchildren proceedings”;

(d) in section 3—(i) by deleting all the words after

the word “Act” and substituting a dash; and

(ii) by inserting the following definitions:“ “Authority” has the

meaning assigned to itunder section 3 of theChildren’s Authority Act;

“children proceedings”includes any proceedingsin relation to childrenmatters as defined undersection 3 of the Familyand Children DivisionAct, 2016 and other matters falling withinthe jurisdiction of theFamily and ChildrenDivision of the HighCourt of Trinidad andTobago;

“family proceedings” includeany proceedings in relation to family matters as defined undersection 3 of the Familyand Children DivisionAct, 2016 and other matters falling withinthe jurisdiction of theFamily and ChildrenDivision of the HighCourt of Trinidad andTobago;”;





15. C h i l d r e n ’ sAuthority Act, Chap. 46:10

(e) in section 4(1)—(i) in the chapeau, by inserting

after the word “proceedings”the words “or children proceedings”; and

(ii) in paragraph (b), by deletingthe word “Government” andsubstituting the words “Stateor the Authority”;

(f) in section 5, by inserting after theword “proceedings” wherever itoccurs, the words “or children proceedings”;

(g) in section (7)—(i) by deleting the number “(1)”;

and(ii) by inserting after the word

“proceedings” the words “orchildren proceedings”; and

(h) by repealing section 9 and theSchedule.”.

The Children’s Authority Act is amended—(a) in section 3—

(i) by deleting the definition of“Community Residence” andsubstituting the following definition:“ “Community Residence” has

the meaning assigned to itunder section 2 of theChildren’s CommunityResidences, Foster Careand Nurseries Act;”;

(ii) in the definition of “Children’sHome”, by deleting the word“by” and substituting thewords “under section 2 of”;





(iii) by deleting the definition of“Rehabilitation Centre” andsubstituting the following definition:“ “Rehabilitation Centre” has

the meaning assigned to itunder section 2 of theChildren’s CommunityResidences, Foster Careand Nurseries Act;”; and

(iv) by deleting the definition of“youthful offender”;

(b) in section 5(1)—(i) in paragraph (g), by deleting

the words “CommunityResidences” and substitutingthe words “Children’s Homes”;

(ii) by inserting after paragraph(g), the following new paragraph:

“(ga) issue, suspend andrevoke temporaryand conditionallicences ofC o m m u n i t yResidences andnurseries as provided under theC h i l d r e n ’ sC o m m u n i t yResidences, FosterCare and NurseriesAct, 2000;”;

(c) in section 25(g), by deleting thewords “under the Children Act”;

(d) in section 25G, by deleting the words“under the Children Act”; and

(e) in section 34—(i) by repealing subsection (1);

and


104 No. 6 Family and Children Division (Amendment) 2016



16. C h i l d r e n ’ sC o m m u n i t yRes idences ,Foster Careand NurseriesAct No. 65 of2000

(ii) in subsection (2), by deletingthe word “section” and substituting the word “Act”.

The Children’s Community Residences,Foster Care and Nurseries Act is amended—

(a) in section 2—(i) by deleting the definition of

“Children’s Home” and substituting the following newdefinition:

“ “Children’s Home” means aCommunity Residencefor the care and nurturing of children;”;

(ii) by inserting in the appropriatealphabetical sequence the following definition:

“ “child offender” has themeaning assigned to itunder section 1A of theChild RehabilitationCentre Act, 2016;”;

(iii) by deleting the definition of“rehabilitation centre” andsubstituting the following definition:

“ “Rehabilitation Centre”means a CommunityResidence for the rehabilitation of—

(a) child offenderswho—

(i) have beenconvicted andcommitted toserve a c u s t o d i a l sentence; or





(ii) are remandedin custodyp e n d i n g sentence; or

(b) children who havebeen charged withan offence and arein custody pendinga hearing.”;

(iv) in the definition of “relative”,by deleting the word “and”;

(v) in the definition of “residencelicence”, by deleting the full-stop and substituting thewords “; and”;

(vi) by inserting after the definition of “residencelicence” the following definition:“ “standards for Community

Residences” means thestandards that are set bythe Authority forCommunity Residencesincluding the Children’sCommunity ResidencesRegulations, 2014;”;

(b) in section 4, by inserting after subsection (2), the following new subsection:

“ ( 3 ) N o t w i t h s t a n d i n g subsections (1) and (2), theAuthority may extend the timefor applying for a licence or meeting compliance require-ments or recommendations,either on its own motion or on anapplication in writing to theAuthority, of the person wishingto obtain a licence for definedpremises, and stating reasons forso requesting an extension.”;





(c) in section 5(3), by inserting after thewords “be prescribed” the words “bythe standards for CommunityResidences”;

(d) in section 8(2A), by inserting after theword “shall” the words “unlessrevoked by the Authority”;

(e) by inserting after section 8, the following new sections:

8A. (1) Notwithstandingsection 8, where theAuthority has beeninformed by the applicantthat the facilities to beused will not continue asa Community Residencefor a period in excess ofthree years, it may granta temporary licence.

(2) Where theAuthority grants a temporary licence undersubsection (1), it mayextend such a licence.

8B. (1) Where theAuthority has brought tothe attention of the applicant for a residencelicence, that all therequirements for theissuance of a residencelicence have not beenmet, it may nevertheless,issue a conditionallicence, specifying theconditions which itrequires the applicant tomeet.


“Temporarylicence

Conditionallicence




(2) The conditionallicence referred to in subsection (1) may alsoindicate the time framesfor compliance in orderfor a licence to be issued.”;

(f) in section 11, by inserting after subsection (3), the following new subsections:

“ (4) Where, pursuant to subsection (2), a notice is servedby the Authority on the Managerof a Rehabilitation Centre designated under section 2 of theChild Rehabilitation Centre Act,and the corrective measures arenot taken, the Authority shallsubmit a report on the matter tothe Minister, who shall lay thereport in Parliament within onemonth of receiving such a report.

(5) When the Authority servesthe notice on the Manager andsubmits the report to theMinister, pursuant to sub-section (4), it shall cause to besent to the Minister to whom responsibility for national security has been assigned, acopy of the notice and thereport.”;

(g) in section 21(2), by inserting after thewords “the Authority”, the words “inaccordance with the standards forCommunity Residences”;

(h) by inserting after section 27, the following new section:

27A. (1) The Authoritymay authorise one of itsofficers at any time toenter any CommunityResidence owned or


“Power ofentry andinspectionof StateownedCommunityResidences




occupied by the State toinspect the premises andthe children so receivedtherein, the arrange-ments for their welfare,and any records relatingto them kept in pursuance of this Part.

(2) Any personwho obstructs an officerauthorised to make suchentry in the exercise ofhis powers under the Actcommits an offence and isliable on summary conviction to a fine of fivethousand dollars.”;

(i) in section 41—(i) by repealing section 41(a);

(ii) in paragraph (b), by deletingthe words “Children Act” andsubstituting the words“Children Act, 2012”; and

(iii) in paragraph (c), by deletingthe words “Children Act”wherever they occur and substituting the words“Children Act, 2012”;

(j) by inserting after section 41 the following new section:

41A. Nothing in thisPart prohibits theAuthority from placing achild with a relative otherthan a parent as a fosterparent, if it is of the viewthat it is in the best interest of the child.”;


“Authoritymay place achild with arelativeother than aparent as afoster parent




17. Children ActNo. 12 of 2012

(k) in section 44, by inserting after subsection (3), the following subsections:

“ (4) A Nursery licence issuedunder subsection (3) shall bevalid for three years.

( 5 ) N o t w i t h s t a n d i n g subsection (4), when an application is made for therenewal of a Nursery licence, theexisting licence shall, unlessrevoked by the Authority, remainvalid until the determination ofthe licence by the Authority.”;and

(l) in section 52, by inserting after subsection (2), the following subsection:

“ (3) Any person who obstructsan officer authorised to makesuch entry in the exercise of hispowers under the Act commits an offence and is liableon summary conviction to a fineof five thousand dollars.”;

The Children Act, 2012 is amended—(a) in section 3—

(i) in the definition of “penetration of a child” byinserting in the closing wordsof the definition before thewords “and penetrates”, thewords “but does not includemouth to mouth kissing whichinvolves penetration with thetongue”;




Second ColumnExtent of Amendments(ii) by inserting in the appropriate

alphabetical sequence the following new definitions:

“child charged” has themeaning assigned to itunder section 1A of theChild RehabilitationCentre Act;

“Children Court” means theChildren CourtSubdivision of theFamily and ChildrenDivision of the HighCourt established undersection 4(1) of the Familyand Children DivisionAct, 2016;

“child offender” has themeaning assigned to itunder section 1A of theChild RehabilitationCentre Act;

“Family and ChildrenDivision of the HighCourt” means theFamily and ChildrenDivision of the HighCourt established undersection 4 of the Familyand Children DivisionAct, 2016;

(b) by deleting the word “Juvenile” wherever it occurs and substitutingthe word “Children”;

(c) in section 20(1) in the chapeau, bydeleting the words “section 18” andsubstituting the words “section 18 or19”;





(d) in section 46, by deleting the words“the Court with Jurisdiction in family matters” and the words “aCourt with jurisdiction in familymatters” wherever they occur andsubstituting the words “the Familyand Children Division of the HighCourt”;

(e) in section 50(9), by deleting the words“a Court with jurisdiction in familymatters” and substituting the words“the Family and Children Division ofthe High Court”;

(f) by renumbering section 51 as section 51(1);

(g) in section 51(1)(c), as renumbered, bydeleting the word “if” and substituting the word “unless”;

(h) by inserting after section 51(1), thefollowing subsections:

“ (2) Where a child has beencharged under subsection (1), theofficer in charge of the police station shall give a unique identifier to the—

(a) case; and(b) child,

identifying the case and child,respectively.

(3) The officer in charge ofthe police station shall maintain,in soft and hardcopy, a record ofthe unique identifier assigned toeach case and to each child.

(4) The format of uniqueidentifiers given to children andto cases shall be determined bythe Commissioner of Police.”;





(i) by inserting after section 51, the following new sections:

51A. Where a child isapprehended under section 51, the officer incharge of the police station shall forthwithinform the Legal Aid andAdvice Authority inaccordance with section15B of the Legal Aid andAdvice Act.

51B. (1) Whenever apolice officer is interviewing a child suspect, the following persons shall be present:

(a) the parent,guardian or person withresponsibility forthe child; and

(b) Duty Counsel ora privateattorney for thechild.(2) Whenever a

police officer is interviewing a child whois a suspect, victim, witness or otherwise, andit appears to the policeofficer that the child’sability to follow the interview or to communicate should befacilitated through anintermediary, the policeofficer may make an application to theAuthority to appoint acompetent and qualifiedperson to act as an inter-mediary.


“Officer incharge toinform theLegal Aidand AdviceAuthoritywhen childapprehended

Interviewingof childrenby a policeofficerthrough anintermediary

Chap. 7:07




(3) Notwithstandingsubsection (2), any of thefollowing persons mayrequest that the policemake an application to theAuthority to appoint acompetent and qualifiedperson to act as an inter-mediary:

(a) the parent,guardian or person withresponsibility forthe child; and

(b) Duty Counsel or aprivate attorneyfor the child.

(4) On receipt of anapplication from the policeofficer under subsection(2) or (3), the Authoritymay, if it is of the viewthat such appointment isdesirable, appoint anintermediary.

(5) The functions ofthe intermediary underthis section are—

(a) to communicate—(i) to the child

s u s p e c t ,q u e s t i o n sput to him;and

(ii) to any p e r s o n asking suchquest ions ,the answersgiven by thec h i l d suspect inreply tothem; and





(b) to advise thepolice officer whois conducting theinterview as to—

(i) the mostappropriateway to askthe childquestions inorder to e l i c i t a c c u r a t eand clearresponses;and

(ii) the meaningof a child’sr e s p o n s eh a v i n gregard tothe child’sage andstage ofd e v e l o p -ment.

(6) A person shallnot be eligible to act as anintermediary under thissection, unless he makes a declaration before aJustice of the Peace, in the form set out inSchedule 1A.

(7) A child inter-mediary shall not obstructthe officer in the conductof an interview.

(8) For the purposesof this section, “child suspect” means a childwhom a police officer hasreasonable cause tobelieve has committed acriminal offence.”;





(j) by repealing section 54 and substituting the following new section:

54. (1) Where a childcharged, who is notreleased on bail, appearsbefore the Court, and thematter is beingadjourned, or a hearing ortrial is pending, the Courtmay—

(a) remand the childin custody pending the hearing or trial;

(b) grant the childbail on such conditions as maybe required; or

(c) release the childinto the custody ofa parent,guardian, personwith responsi-bility for thechild, or fit person.

(2) The Court, in exercisingits discretion under sub-section (1), may take intoaccount—

(a) the risk assessmentreport of the child;

(b) where the child is tobe remanded in custody under sub-section (1), hear submissions from theAuthority as to theC o m m u n i t yResidence best suitedto the placement ofthe child;


“Power ofthe Courtwhere achild chargedappearsbefore it




(c) where the child is to bereleased under sub-section (1), hear the submissions and recom-mendations of theAuthority for the mostsuitable placement for thechild; and

(d) any report of theChildren’s ProbationOfficer.

(3) In this section, “riskassessment report” means areport prepared as a result of theuse of a specialised and approvedrisk assessment tool by a professional trained in the use ofthat tool, to determine the risk offuture offending of a child offender or child charged.”;

(k) by inserting after section 55, the following new section:

55A. Where a child ischarged with an offencebefore the ChildrenCourt, he may apply tothe Court for legal aidand advice in accordancewith section 16 or 17 ofthe Legal Aid and AdviceAct, as applicable.”;

(l) in section 59(1)(b), by deleting thewords “the Court with jurisdiction infamily matters” and substituting thewords “the Family and ChildrenDivision of the High Court”;


“Childcharged toapply forlegal aid andadvice




(m) in section 59(2)—(i) by deleting the chapeau and

substituting the following newchapeau:

“Where a child is convicted ofan offence, the Court shall takeinto account the provisions of anywritten law enabling the Court todeal with the case and the Courtmay—”; and

(ii) in paragraph (j)—(A) by deleting the word

“referred” and substituting thewords “refer him”;and

(B) by deleting the words“the Court with jurisdiction in familymatters or theJuvenile Court” andsubstituting thewords “the Familyand Children Divisionof the High Court”;

(n) in section 60(2)(b)—(i) in subparagraph (ii)—

(A) by deleting the word“referred” and substituting thewords “refer him”;and

(B) by deleting the words“the Court with jurisdiction in familymatters” and substituting thewords “the Familyand ChildrenDivision of the HighCourt”; and




Second ColumnExtent of Amendments(ii) in subparagraph (vi), by

deleting the word “or” after thesemicolon and substituting theword “and”.

(o) in section 60(4), by deleting the words“and is charged before the Court”;

(p) by repealing section 61 and substituting the following new section:

61. (1) Where a parent, guardian or person with responsibilityfor a child proves to theChildren Court that he isunable to control the childand he desires alternativeplacement for the child,the Court shall order thatthe child be brought tothe attention of theAuthority.

(2) Where sub-section (1) applies, thechild shall be termed “achild in need of supervision.”;

(q) in section 62, by deleting the words“the Court with jurisdiction in familymatters” and substituting the words“the Family and Children Division ofthe High Court”;

(r) in section 64—(i) in subsection (1), by inserting

after the word “years” the second time it occurs, thewords “or for such lesser period as the Court determines”; and


“Inability ofparent tocontrol child



Second ColumnExtent of Amendments(ii) in subsection (2), by inserting

after the word “years” thewords “or for such lesser period as the Court determines”;

(ra) in section 82(1), insert after the word“offender” the words “or childcharged”;

(s) by repealing section 83 andsubstituting the following section:

83. (1) Where a child offenderor child charged who is placed ata Community Residence escapesfrom the Community Residence,he may, at any time before theexpiration of his period of placement, be apprehended without a warrant and broughtback before the Court, and shallbe liable on summary convictionto any of the sanctions and measures referred to in subsection (3).

(2) Before the Court proceeds to make a determinationwith respect to the offence forwhich the child charged or childoffender has been charged or convicted, respectively, it shall—

(a) cause an investigation tobe conducted into the circumstances surroundingthe escape, and orderthat a report of the findings of the investigation be submitted to the Court;





(b) order that the Manager of theCommunity Residencefiles with the Court, areport on the circumstances of theescape; and

(c) hear submissions from oron behalf of the child.

(3) Upon considerationof the reports and submissionsreferred to in subsection (2), in making a determination withrespect to the child offender orchild charged, the Court may—

(a) where there is no findingof guilt, dismiss thecharge of escaping;

(b) order that the childreturn to the CommunityResidence from which heescaped;

(c) order that the child besent to a differentCommunity Residence;

(d) where the child has beenconvicted, increase theperiod of placement by aperiod not exceeding sixmonths;

(e) make an order for counselling, any otherrehabilitative interven-tion or treatment, or for psychological evaluationand the resultant assistance;





(f) order that the child bedeemed in need of careand protection and referhim to the Authority,who shall review thecare plan for the child;and

(g) make any other order asthe Court deems fit.

(4) The Court shall causecopies of the reports preparedpursuant to sub-section (2), to besent to the Authority.

(5) For the purposes ofthis section, “care plan” means aplan which is based on theassessed needs of a child andaddresses the rehabilitative,social, emotional and therapeuticpsycho-social needs of the child.”;

(t) in section 88—(i) in subsection (2), by

deleting the words “Parts Iand II” and substituting thewords “Part I”;

(ii) by repealing subsection (5)and substituting the followingsubsection:

“ (5) In any Court proceedings, the Courtmay request that theSolicitor General assign aChildren’s Attorney torepresent and safeguardthe interest and voice of achild so that the child’sright to be heard is preserved.”; and





(iii) by repealing subsection (6)and substituting the followingnew subsections:

“ (6) A Children’sAttorney shall not act asthe private attorney forthe child, defence counselnor Duty Counsel.

(7) The assignmentof a Children’s Attorneydoes not preclude provision of legal representation for a childeither privately or underthe Legal Aid and AdviceAct, as the case may be.

(8) Where aChildren’s Attorney hasbeen assigned under this Act and legal representation, either privately or under theLegal Aid and Advice Act,has been retained or provided, respectively,both the Children’sAttorney and the legalrepresentative may bepresent at any proceedings in relation to a child.”;

(u) in section 98—(a) by inserting after

subsection (6) the followingnew subsection:

“ (6A) A child ten yearsof age and over shall givesworn evidence in crimi-nal proceedings.”; and




Second ColumnExtent of Amendments(b) by repealing subsection (7)

and substituting the followingsubsection:

“ (7) A child ten yearsof age and over, whoseevidence is receivedunder subsection (6A)and who wilfully givesfalse evidence on oathcommits an offence and isliable on summary conviction to such punishment as may beimposed had he beencharged with perjury andthe case dealt with summarily under section 99 of theSummary Courts Act.”;

(v) by inserting after section 117, the following new section:

117A. The RulesCommittee establishedunder section 77 of theSupreme Court ofJudicature Act may, subject to negative resolution of Parliament,make rules for the practice and procedure ofall Courts with regard tothe operation of this Act.”;and

(w) by inserting after Schedule 1 the following new Schedule:

“SCHEDULE 1A[Section 51B(3)]

OATH OR AFFIRMATION TO BE TAKEN WHENPERSON IS ACTING AS AN INTERMEDIARY FORA CHILD BEING INTERVIEWED BY A POLICEOFFICER

I, AB…. do solemnly *affirm/swear by the…..............… that I will faithfully, impartially, accurately and to the best of my ability, discharge the duties of intermediary. *delete whichever is inapplicable”.



“Rules



18. I n d i c t a b l eO f f e n c e s( C o m m i t t a lProceedings)Act No. 14 of2014

The Indictable Offences (CommittalProceedings) Act is amended in section 19—

(a) in subsection (2)(b), by deleting theword “fourteen” and substituting theword “ten”; and

(b) in subsection (4), by—(i) deleting the words “section 19

of the Children Act” and substituting the words “section 98 of the ChildrenAct, 2012”; and

(ii) by deleting the word “fourteen” and substitutingthe word “ten”.



Passed in theHouse of Representatives this 10th dayof June, 2016.

J. SAMPSON-MEIGUELClerk of the House

Passed in the Senate this 21st day of June, 2016.

B. CAESARClerk of the Senate (Ag.)

Senate amendments were agreed to by the House ofRepresentatives on the 24th day of June, 2016.

J. SAMPSON-MEIGUELClerk of the House

PRINTED BY THE GOVERNMENT PRINTER, CARONIREPUBLIC OF TRINIDAD AND TOBAGO—2016

Documents

Act No. 6 of 2016 - Parliament of Trinidad and TobagoAct No. 6 of 2016 [L.S.] Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol. 55, No. 84, 14th July, 2016 WHEREAS