Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol.

59,
No. 70, 14th May, 2020

Fifth Session Eleventh Parliament Republic of

Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 11 of 2020

[L.S.]

BILL
AN ACT to amend the Administration of Justice
(Electronic Monitoring) Act, 2012

[Assented to 12th May, 2020]

[Assented , 2020]

ENACTED by the Parliament of Trinidad and Tobago as Enactment

follows:
1. This Act may be cited as the Administration of Short title
Justice (Electronic Monitoring) (Amendment) Act, 2020.
2. This Act comes into operation on such date as is Commencement
fixed by the President by Proclamation.
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310 No. 11 Administration of Justice (Electronic Monitoring) 2020
(Amendment)

Interpretation 3. In this Act, “the Act” means the Administration of

Act No.11 of 2012
Justice (Electronic Monitoring) Act, 2012.
Section 3 amended 4. Section 3 of the Act is amended –
(a) in subsection (1)—
(i) by inserting, in the appropriate
alphabetical sequence, the following
definitions:
““authorised officer” means
the Director or a member
of staff of the Unit
authorised by him under
section 4A;
“global positioning system” or
“GPS” includes a naviga-
tional system using
satellite signals to fix
the location of a radio
receiver on or above the
earth’s surface;
“monitored person” means a
person, respondent, child
or applicant who may be
subjected to electronic
monitoring pursuant to a
court order, a lawful
condition of pardon,
instructions from a
competent authority or
an application by a
person under section 13
of the Act.
“occupier” means any person
exercising control over
that part of the premises
where the equipment is
to be installed for the
time being;
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No. 11 Administration of Justice (Electronic Monitoring) 2020 311
(Amendment)

“protection device” means a

small portable device
which generates audible
and visual indication
signals received from the
radio frequency tag
physically attached to a
monitored person;”;
(ii) in the definition of “competent
authority”, by deleting the word
“authority” after the words
“Tribunal or other” and substituting
the word “person”;
(iii) by deleting the definition of “Court”
and substituting the following defi-
nition:
““Court” means a Judge,
Master, District Court
Judge, Magistrate,
Registrar, Senior
Magistracy Registrar
and Clerk of the Court,
Magistracy Registrar
and Clerk of the Court or
Coroner as applicable;”;
(iv) by deleting the definition of
“electronic monitoring device”
and substituting the following
definition:
““electronic monitoring device”
or “device” includes a
device, which operates on
a global positioning
system (GPS), radio
frequency or telecom-
munications network,
which is used to
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312 No. 11 Administration of Justice (Electronic Monitoring) 2020
(Amendment)

monitor compliance
with the conditions of
release of a monitored
person;”; and
(v) in the definition of “respondent”, by
deleting the words “or against
whom a Protection Order is
granted under the Domestic
Violence Act”; and
(b) in subsection (2), by deleting the words
“Young Offenders Detention Act” and
substituting the words “Child Rehabilita-
tion Centre Act”.
Section 4A inserted 5. The Act is amended by inserting after section 4, the
following section:
“Authorised 4A. The functions of the Director under
officer
this Act may be delegated in writing by
him to an authorised officer who shall be a
member of staff of the Unit acting under
and in accordance with his general or
special directions.”.
Section 6 amended 6. Section 6 of the Act is amended—
(a) in subsection (2)(f), by deleting the word
“spatial”; and
(b) by inserting after section 6, the following
section:
“Director to 6A. The Director may, from
issue
time to time as necessary, issue
standard operating procedures for
standard
operating

the proper functioning of the

procedures

Electronic Monitoring Unit.”.

Section 8 repealed 7. The Act is amended by repealing section 8 and sub-
and substituted
stituting the following subsections:
“Confidentiality 8. (1) Every employee of the Unit,
of
whether permanent, on contract, under a
consultancy or an individual engaged by a
information

service provider in furtherance of section 7,

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No. Administration of Justice (Electronic Monitoring) 2020 313
(Amendment)

shall take an oath of secrecy as set out in

the Fourth Schedule, to not disclose any
information received from the Unit or
service provider in the course of his
employment, otherwise than in the proper
exercise of his function or as required by
law.”; and
(2) A person who takes the oath
under subsection (1) commits an offence
where he discloses information in
contravention of the oath and is liable
on summary conviction to a fine of
one hundred thousand dollars and
imprisonment for two years.”.
8. Section 10 of the Act is amended— Section 10 amended

(a) in subsection (2)—

(i) in paragraph (a), by deleting the
word “or”;
(ii) in paragraph (b), by deleting the
full stop and substituting the word
“;”; and
(iii) by inserting after paragraph (b),
the following paragraphs:
“(c) a probation order under
the Probation of
Offenders Act; Chap. 13:51

(d) a community service

order under the
Community Service
Orders Act; or Chap. 13:06

(e) any other application

which in its discretion
it considers appropriate
to impose electronic
monitoring.”.
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(Amendment)

(b) by inserting after subsection (3), the

following subsection:
“(3A) Notwithstanding subsection (3),
the Court may—
(i) where bail is granted; or
(ii) in the case of a child,
impose electronic monitoring as a
condition of the bail.”;
(c) in subsection (5), by deleting the words
“the Court shall commit the person to
custody” and substituting the words “the
Court may commit the person to custody or
may grant bail on such terms as it thinks
fit”;
(d) in subsection (5)(b)(ii), by deleting the
words “parent or guardian” and substituting
the words “parent, guardian or person with
responsibility for the child”;
(e) in subsection (7), by deleting the words
“the Court shall commit the person to
custody” and substituting the words “the
Court may commit the person to custody or
may grant bail on such terms as it thinks
fit”;
(f) by inserting after subsection (8), the
following subsection:
“(8A) The Court may also request
a report from any other person, where
applicable, to further assist in making
a decision under this section.”; and
(e) in subsection (9), by deleting the words
“parent or guardian” and substituting the
words “parent, guardian or person with
responsibility for the child”.
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No. Administration of Justice (Electronic Monitoring) 2020 315
(Amendment)

9. The Act is amended by inserting after section 10, Section 10A inserted
the following section:
“Protection 10A. (1) Where an order for protection is
device
made under any written law, the Court
may inquire of the applicant whether that
person consents to being issued with a
protection device.
(2) Where an applicant agrees to
being issued with a protection device under
subsection (1), that applicant shall
complete the prescribed form indicating
that they understand the purpose of the
device and accept responsibility for its
proper use and care.”.
10. Section 11 of the Act is amended— Section 11 amended

(a) by renumbering section 11 as section 11(1);

and
(b) by inserting after section 11(1), as
renumbered the following subsection:
“(2) Before making a decision
under subsection (1), a report shall
be requested from the Director
concerning the person, which the
Director shall cause to be provided as
soon as it is practicable.”.
11. Section 12 of the Act is amended— Section 12 amended

(a) by inserting after subsection (2), the

following subsection:
“(2A) The competent authority
may also request a report from any
other person where applicable, to
further assist in making a decision
under this section.”;
(b) in subsection (4), by inserting after the
words “the report of the Director” the
words “as well as that of any other person”;
and
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(Amendment)

(c) in subsection (5), by deleting the words

“parent or guardian” and substituting the
words “parent, guardian or person with
responsibility for the child”.
Section 13 amended 12. Section 13 of the Act is amended by repealing
subsection (1) and substituting the following subsection:
“(1) An individual may apply to the
Court on a form approved by the Judiciary
to have a device fitted on him.”.
Section 15 amended 13. Section 15 of the Act is amended in paragraph (c)
by deleting the words “parent or guardian” and
substituting the words “parent, guardian or person with
responsibility for the child”.
Section 16 amended 14. Section 16 of the Act is amended by—
(a) inserting after subsection (1), the following
subsection:
“(1A) Where a person, respondent,
child or applicant has been issued an
electronic monitoring device or a
protection device under the Act and
wilfully or recklessly causes damage
to the electronic monitoring device
or protection device, that person,
respondent, child or applicant shall—
(a) be liable for the replace-
ment cost of the electronic
monitoring device or protec-
tion device; and
(b) be brought before the court
or competent authority to
determine whether they
will be allowed to continue
participating in electronic
monitoring.”.
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No. 11 Administration of Justice (Electronic Monitoring) 2020 317
(Amendment)

(b) repealing subsection (3) and substituting

the following subsection:
“(3) Copies of the decision of the
Court made under sections 10 and 13
shall be given to—
(a) the person or respondent;
(b) the child, as well as his
parent, guardian or person
with responsibility for the
child;
(c) an applicant;
(d) the Director of the
Electronic Monitoring Unit;
and
(e) any other party the Court
in its discretion considers it
necessary to inform,
as soon as it is reasonably practicable to do so.”.
15. Section 18 of the Act is amended in subsection (2), Section 18 amended
by deleting the words “a police officer in charge of the
police station in the magisterial district in which the
breach purportedly occurred” and substituting the
words “any police officer in charge of a police station”.
16. Section 19 of the Act is amended— Section 19 amended

(a) in subsection (2), by deleting the words

“parent or guardian of the child” and
substituting the words “parent, guardian
or person with responsibility for the child”;
(b) by inserting after subsection (2), the
following subsection:
“(2A) As soon as the Director
receives information of a change or
proposed change in circumstances
under subsections (1) or (2), he shall
forthwith notify in writing, the Court
and any other person affected by or
having an interest in the change in
circumstances.”; and
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(Amendment)

(c) in subsection (3), by deleting the words

“this section” and substituting the words
“subsections (1) or (2)”.
Section 22 amended 17. Section 22 of the Act is amended by—
(a) deleting the words “(1)”; and
(b) repealing subsection (2).
Section 23 amended 18. Section 23 of the Act is amended in sub-
sections (1) and (2) by deleting the words “parent or
guardian of a child” and substituting the words “parent,
guardian or person with responsibility for a child”.
Section 25 amended 19. Section 25 of the Act is amended in subsection (1)
by—
(a) deleting paragraphs (b), (c) and (f); and
(b) deleting paragraph (g) and substituting
the following paragraph:
“(g) the prescribed forms required
under this Act; and”.
Section 25A inserted 20. The Act is amended by inserting after section 25,
the following section:
“Rules 25A. (1) The Rules Committee esta-
blished under section 77 of the Supreme
Chap. 4:01 Court of Judicature Act may make Rules
of Court generally for the purposes of
this Act.
(2) Rules made under this
section shall be subject to the negative
resolution of Parliament.”.
Section 27 amended 21. Section 27 of the Act is amended by deleting the
words “First and Second”.
First Schedule 22. The First Schedule of the Act is amended
by inserting after the words “[Section 10(3)”, the
amended

words “,(3A)”.
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No. 11 Administration of Justice (Electronic Monitoring) 2020 319
(Amendment)

23. The Second Schedule of the Act is amended— Second Schedule

(a) in paragraph (c), by deleting the words

amended

“parent’s or guardian’s, land line” and

substituting the words “parent’s, guardian’s
or person with responsibility for the child,
land line or any other system which
utilises a telecommunications network”;
(b) in paragraph (f), by deleting the word
“dependents” and substituting the word
“dependants”;
(c) in paragraph (g), by deleting the words
“parent or guardian” and substituting the
words “parent, guardian or person with
responsibility for the child”; and
(d) in paragraph (k), by deleting the words
“parent or guardian” and substituting the
words “parent, guardian or person with
responsibility for the child”.
24. The Third Schedule of the Act is amended in Third Schedule
paragraph (c), subparagraph (a) by deleting the words amended
“a report of the Director based on information detailed
in the Second Schedule of” and substituting the words
“the provisions of”.
25. The Act is amended by inserting after the “Third Fourth Schedule
Schedule”, the following Schedule: inserted

“FOURTH SCHEDULE
OATH OF SECRECY

I,…………………………………………………………………, do swear
and declare that I will honestly and faithfully serve and fulfill the
duties that devolve upon me by reason of my employment in the
Electronic Monitoring Unit, and that I will not divulge any
information being facts or expressions of opinions based on such
facts gained by me as a result of my employment to any
unauthorised person, orally or in writing, without the previous
sanction of the Director/Manager. I understand that these
provisions apply not only during the period of my employment but
also after my employment with the Unit has ceased.
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Signed ……………………………………...

Date ………………………………………...

……………………………………………………
Justice of the Peace”.

PPassed in the House of Representatives this 27th day

of April, 2020.

J. SAMPSON-MEIGUEL
Clerk of the House

Passed in the Senate this 5th day of May, 2020.

B. CAESAR
Clerk of the Senate

Senate amendments were agreed to by the House of

Representatives this 8th day of May, 2020.

J. SAMPSON-MEIGUEL
Clerk of the House

CA
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