Trinidad and T obago REPUBLIC OF TRINIDAD AND TOBAGO … · Trinidad and T obago REPUBLIC OF TRINIDAD AND TOBAGO A ct N o. 11 of 2005 ... 08 amended Harassment 5 5 2 No ... REPUBLIC

AN ACT to amend the Offences Against the Person Act, Chap. 11:08[Assented to 23rd June, 2005]

ENACTED by the Parliament of Trinidad and Tobago asfollows:—

1111.... This Act may be cited as the Offences Against thePerson (Amendment) (Harassment) Act, 2005, and shallcome into operation on such date as is fixed by thePresident by Proclamation.

Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 44,No. 105, 24th June, 2005

Third Session Eighth Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGOAAAAcccctttt NNNNoooo.... 11111111 ooooffff 2222000000005555

[L.S.]

Short title andcommencement

Enactment

2222.... The Offences Against the Person Act is amendedby inserting after section 30 the following new sections:

“HARASSMENT30A. (1) For the purpose of this

section—(a) “harassment” of a person includes

alarming the person or causing theperson distress by engaging in acourse of conduct such as—

(i) following, making visualrecordings of, stopping oraccosting the person;

(ii) watching, loitering nearo r h i n d e r i n g o rpreventing access to orfrom the person’s placeof residence, workplaceor any other placefrequented by the person;

(iii) entering property orinterfering with propertyin the possession of theperson;

(iv) making contact with theperson , whether bygesture, directly, verbally,by telephone, computer,post or in any other way;

(v) giving offensive materialto the person, or leavingit where it will be foundby, given to, or brought tothe attention of theperson;

Chap. 11:08amended

Harassment

555555552222 No. 11 Offences Against the Person (Amendment) 2005

(vi) acting in any mannerdescr ibed in sub-paragraphs (i) to (v)towards someone with afamilial or close personalrelat ionship to theperson; or

(vii) acting in any other waythat could reasonably beexpected to alarm orcause the person distress;and

(b) a “course of conduct” involvesconduct of the kind referred to inparagraph (a) carried out on atleast two occasions.(2) A person who pursues a course

of conduct which amounts to harassmentof another and which he knows orought reasonably to know amounts toharassment of the other is guilty of anoffence and is liable on summary convictionto a fine of two thousand dollars and toimprisonment for six months.

(3) A person who is charged withan offence under subsection (2) and whosecourse of conduct is in question is deemedto know that it amounts to harassmentof another if a reasonable person inpossession of the same information wouldthink the course of conduct amounted toharassment of the other.

30B. (1) A person who is accused ofconduct which would constitute an offenceunder section 30A and which causes theother person to fear that violence will beused against him, and the person whose

No. 11 Offences Against the Person (Amendment) 2005 555555553333

Putting aperson infear ofviolence

course of conduct is in question knows orought to know that his conduct will causethe other person so to fear, commitsan offence and is liable on conviction onindictment to a fine of ten thousand dollarsand to imprisonment for five years or,on summary conviction, to a fine of fivethousand dollars and to imprisonment forsix months.

(2) For the purpose of this section,the person whose course of conduct is inquestion is deemed to know that it willcause another person to fear that violencewill be used against him if a reasonableperson in possession of the sameinformation would think the course ofconduct would cause the other person so tofear.

(3) If on trial on indictment, aperson charged with an offence under thissection is found not guilty, the Courtmay find him guilty of an offence undersection 30A.

30C. It is a defence for a person chargedwith an offence under section 30A or 30B toshow that—

(a) his course of conduct waspursued for the purpose ofpreventing or detecting crime;

(b) his course of conduct was pursuedunder any written or unwrittenlaw or to comply with anycondition or requirement imposedunder any written or unwrittenlaw; or

(c) in the particular circumstances,the pursuit of the course of conductwas reasonable.

Defence


30D. (1) A Court sentencing a personconvicted of an offence under section 30A or30B may, in addition, make an Order, inthe prescribed form, for protection orcompensation.

(2) An Order for protection madeunder this section shall direct a person tocease from engaging in conduct which—

(a) constitutes or may constituteharassment; or

(b) will cause fear of violence,and to comply with any other directionscontained in the Order.

(3) An Order for protection shallhave effect for the period specified in theOrder or until such further Order, asprescribed, is made by the Court varying ordischarging the original Order.

(4) An application for the variationor discharge of a protection Order may bemade in the prescribed form by the personagainst whom the Order is made or anyother person included in the Order.

(5) Where a person fails to complywith an Order for protection made underthis section or any of the directionscontained therein, he commits an offenceand is liable on summary conviction toimprisonment for six months.

30E. (1) An Order for compensationunder section 30D may include—

(a) loss of earnings;(b) medical expenses;(c) moving and accommodation

expenses; and(d) reasonable legal costs.

Orders forprotection andcompensationForm 1ScheduleForm 2Schedule

Form 1Schedule

Form 1Schedule

Form 4Schedule

Form 3Schedule

Award ofcompensationForm 2Schedule


(2) Any compensation ordered bya Court of summary jurisdiction undersubsection (1) shall not exceed thestatutory maximum amount that sucha Court has jurisdiction to award.

30F. In addition to an Order forprotection or compensation made undersection 30D, the Court may, where thecircumstances require, make an Orderunder section 6 of the Mental Health Act.”.

FORM 1OFFENCES AGAINST THE PERSON ACT, CHAP. 11:08

Section 30D(3)PPPPRRRROOOOTTTTEEEECCCCTTTTIIIIOOOONNNN OOOORRRRDDDDEEEERRRR

REPUBLIC OF TRINIDAD AND TOBAGO

In the County of ……………………………………………………………

The Court having heard the matter in respect of the conduct of

…………………………………………………………………………………(Name of Defendant)

towards……………………………………………………………………(Name of person to be protected)

NOW THIS COURT ORDERS, that for the period from the ………………

day of ……………, 20…… to the ……… day of ………………, 20……

YOU ………………………………………….(Name of Defendant)

FurtherOrder

Chap. 28:02


THE WITHIN NAMED DEFENDANT SHALL NOT ENGAGE IN THE FOLLOWINGCONDUCT:

AND YOU SHALL COMPLY WITH THE FOLLOWING PROHIBITIONS ANDCONDITIONS:

If you the said……………………………………………………………….(Name of Defendant)

fail to comply with any of the terms of this Order you shall be liableon summary conviction to imprisonment for six months pursuant tosection 30D(5) of the above-mentioned Act.

……………………………………Justice or Clerk of the Peace of theMagistrate’s Court for the District

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



Section 30D(3)CCCCOOOOMMMMPPPPEEEENNNNSSSSAAAATTTTIIIIOOOONNNN OOOORRRRDDDDEEEERRRR


In the County of ……………………………………………………………

The Court having heard the matter in respect of the conduct of…………………………………………………………………………………

(Name of Defendant)

towards ………………………………………(Name of person to be compensated)

NOW THIS COURT ORDERS, that you …………………………………shall(Name of Defendant)

pay monetary compensation to …………………………………………(Name of person to be compensated)

within …………months of the date of this Order in the sum of$ .00, comprised as follows:

(SPECIFY THE COMPENSATION HEADINGS, AMOUNTS UNDER EACHHEADING AND TOTAL AMOUNT OF COMPENSATION ORDERED)

………………………………………………Justice or Clerk of the Peace of the Magistrate’s Court for the District

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



Section 30D(4)AAAAPPPPPPPPLLLLIIIICCCCAAAATTTTIIIIOOOONNNN FFFFOOOORRRR VVVVAAAARRRRIIIIAAAATTTTIIIIOOOONNNN OOOORRRR DDDDIIIISSSSCCCCHHHHAAAARRRRGGGGEEEE OOOOFFFF

PPPPRRRROOOOTTTTEEEECCCCTTTTIIIIOOOONNNN OOOORRRRDDDDEEEERRRRREPUBLIC OF TRINIDAD AND TOBAGO

In the County of ……………………………………………………………Between

. ………………………………… Person to be protected v

…………………………………..… Defendant

I, ……………………………………………………… hereby apply for a(Name of Applicant)

variation/discharge of the Protection Order made against ………………………………………………..……………………… on the

(Name of person against whom the Order was made)

…………. day of …………, 20….. by the ……………………… Court(a copy of which is attached to this application) in respect of certainconduct towards………………………………………………………………………………..

(Name of person who is protected by the Order)

I ask for a discharge of the Order/variation of the Order in thefollowing terms:(SPECIFY DETAILS OF VARIATION)

………………………………………….Applicant

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



Section 30D(3)OOOORRRRDDDDEEEERRRR VVVVAAAARRRRYYYYIIIINNNNGGGG OOOORRRR DDDDIIIISSSSCCCCHHHHAAAARRRRGGGGIIIINNNNGGGG PPPPRRRROOOOTTTTEEEECCCCTTTTIIIIOOOONNNN

OOOORRRRDDDDEEEERRRR


In the County of ……………………………………………………………The Court, having heard an application made under section 30D(4)of the above-mentioned Act by …………………………………………..

(Name of Applicant)

in respect of the conduct of ……………………………………………… (Name of Defendant)

towards…………………………………………………………………. and(Name of person protected by the Order)

the Court having on the …….… day of ……………………, 20…..made an Order, a copy of which is attached, prohibiting theDefendant from engaging in the conduct specified therein. NOW the Court on the application of ……………………………………

(Name of Applicant)

does this day Order that the Protection Order be discharged witheffect from ………………………………………………………………….

(Specify effective date of discharge)

VARIED AS FOLLOWS (SPECIFY DETAILS OF VARIATION)

………………………………………….Justice or Clerk of the Peace of the Magistrate’s Court for the District

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


Passed in the Senate this 15th day of February, 2005.

J. SANDYActing Clerk of the Senate

Passed in the House of Representatives this 13th dayof June, 2005.

N. JAGGASSARActing Clerk of the House


PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAINREPUBLIC OF TRINIDAD AND TOBAGO—2005

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Trinidad and T obago REPUBLIC OF TRINIDAD AND TOBAGO … · Trinidad and T obago REPUBLIC OF TRINIDAD AND TOBAGO A ct N o. 11 of 2005 ... 08 amended Harassment 5 5 2 No ... REPUBLIC