Defence from the moment of arrest: advice at the police station, bail, summary matters in the District Criminal and Traffic Court (the magistrates' court), indictable matters under the High Court procedure that replaced the preliminary enquiry, and appeals to the Court of Appeal and beyond.
Which of these is you?
- Someone has just been arrested The first hours, and the rights that apply at the station.
- Bail refused, or not yet dealt with Who can grant it, and what the most serious charges require.
- A summary charge Tried from start to finish in the District Criminal and Traffic Court.
- A serious charge in the High Court The initial hearing, then the sufficiency hearing before a Master.
- A conviction or sentence to appeal The Court of Appeal, and time limits that are short and strict.
- An arrest or detention that was unlawful A separate civil claim, and sometimes a constitutional one.
Ask about this
Have a criminal charge to deal with?
Say what the charge is, where the person is being held or when they are due in court, and whether bail has been granted.
What this covers
- Arrest and detention your rights at the station, and getting an attorney to you
- Station bail release from the station before any court appearance
- Bail applications before a Justice of the Peace, in the District Criminal and Traffic Court and in the High Court, including offences where the law now requires exceptional circumstances
- Summary offences matters tried start to finish in the District Criminal and Traffic Court (the magistrates' court)
- Indictable offences matters that now go directly to the High Court, through an initial hearing and a sufficiency hearing before a Master
- Trial in either court
- Sentencing the plea in mitigation, and what the court weighs
- Appeals to the Court of Appeal, and from there to the Judicial Committee of the Privy Council
- Search, seizure and police conduct challenging what was done unlawfully
Handled elsewhere
How it works
Everything begins with a consultation — at the station if that is where you are, otherwise as soon as you can speak freely. You set out what has happened and what you have been told you are charged with. That conversation is for working out the immediate position — bail, the next court date, what must not be said — and the course from there.
- The station and the first appearance. Attendance at the station where possible; bail secured or applied for; the charge understood in its exact terms.
- Preparation. The prosecution's file obtained and read; witnesses, exhibits and procedure tested; the defence built rather than reacted.
- Resolution. Trial, or a plea entered with the mitigation properly put, or an appeal — whichever the evidence and your instructions call for.
In detail
On arrest
An arrest comes without warning, and the first hours decide a great deal. You have the right to be told promptly why you are being held, the right to an attorney of your choice without delay, and the right to be brought before a court promptly. Nothing said at the station is neutral. The first thing to do is get an attorney to you; the second is to say nothing about the allegation until that has happened.
Bail
Bail is governed by the Bail Act. For minor offences it can be granted at the police station; otherwise it is a matter for a Justice of the Peace, a District Court Judge (magistrate), a Master or a High Court judge, depending on the charge. After a Privy Council decision struck down the blanket ban on bail for murder, the Act was amended in 2024. Bail for murder, and in some firearm cases, is now granted only where the accused shows exceptional circumstances. For certain other serious offences, where the accused has a conviction in the last ten years for an offence punishable with ten years' imprisonment or more, or another pending charge for one of those serious offences, it is granted only if sufficient cause is shown. A few offences, such as treason, carry no bail at all. A High Court judge's or Master's decision on bail can be appealed to the Court of Appeal. Whether bail is available, and on what terms, is the first question asked, and it has to be answered accurately rather than hopefully.
How a case reaches trial
Summary offences are tried from beginning to end in the District Criminal and Traffic Court (the magistrates' court). Indictable offences, the more serious ones, used to pass through a preliminary enquiry before a magistrate that could take years. That procedure has been abolished. Since 12 December 2023 indictable matters go directly to the High Court, where a Master conducts an initial hearing, sets a timetable, and then holds a sufficiency hearing to decide whether the evidence is enough to send the matter to trial.
The defence
A defence is built on the prosecution's own file. Every statement is read against every other, every exhibit traced to the hands it passed through, every gap noted. The prosecution has to prove its case beyond reasonable doubt. The defence's work is to hold it to that, and the earlier the file is read, the more of that work there is time to do.
Appeals, and claims against the State
A conviction or a sentence can be appealed to the Court of Appeal, and from there, with leave, to the Judicial Committee of the Privy Council, which remains the final court for Trinidad and Tobago. Where the arrest or the detention was itself unlawful, or a prosecution that ended in your favour was brought maliciously and without reasonable cause, that is usually a separate civil claim, for false imprisonment or malicious prosecution, and sometimes for breach of your constitutional rights.
Questions
How do I get bail in Trinidad and Tobago?
Under the Bail Act, from the police station or the court, and in some cases from a Justice of the Peace. Murder, and some cases involving firearms, need exceptional circumstances. Certain other serious offences need sufficient cause where you have a serious conviction in the last ten years or another pending charge for such an offence. A few, such as treason, carry no bail at all. A refusal by a High Court judge or Master can be appealed to the Court of Appeal. The application is prepared, not improvised.
What are my rights when arrested?
To be told promptly why you are being held. To speak to an attorney of your choice without delay. To be brought before a court promptly. And you are not obliged to answer questions about the allegation. Use the second right before you say anything at all.
What is station bail?
Release from the police station, on conditions, before any court appearance. A senior police officer or a Justice of the Peace can grant it for minor offences. It should be asked for, not waited for.
What is a sufficiency hearing?
The hearing before a Master of the High Court that replaced the preliminary enquiry for indictable offences. Since 12 December 2023, instead of years before a magistrate, the case goes to an initial hearing where a timetable is set, then to a sufficiency hearing where the Master decides whether the evidence is enough to send it to trial.
What is the difference between a summary and an indictable offence?
A summary offence is tried from start to finish in the District Criminal and Traffic Court (the magistrates' court). An indictable offence is the more serious kind, and now goes directly to the High Court under the procedure above. Some offences can be tried either way; the prosecution decides which, and that choice affects everything that follows.
Can I appeal a conviction or a sentence?
Yes, to the Court of Appeal, and from there, with leave, to the Privy Council. Time limits for appeals are short and strict, which is why the question is asked on the day of the verdict, not weeks later.
