There are three main types of criminal offences in Trinidad and Tobago:
1.Summary offences;
2.Indictable offences; and
3.Triable either way offences.
Summary offences
Summary offences are less serious criminal offences in which the penalties that can be imposed are not as great as indictable offences. Summary offences make up the majority of the common offences and include offences like common assault, disorderly behaviour and minor criminal damage to property. Summary offences are usually contained in the Summary Offences Act Chap 11:02. Summary offences are preceded with summarily, that is, tried in the Magistrates Court by the magistrate. People charged with summary offences cannot be tried by juries even if they would prefer it. Section 33 of the Summary Courts Act Chap 4:20 provides that summary offences are commenced by way of a complaint.
A complaint alleges that the person named has committed some specific offence. The complaint must specify the name of the offence and sufficient particulars. The particulars will usually include the date and place of the alleged offence as well as the act complained of in succinct terms. If the offence is created by statute, a reference is usually included. Section 33(2) of the Summary Courts Act specifies a time limit of six months for laying a complaint for a summary offence except where the legislation provides otherwise, eg recovery of a civil debt where the time limit is four years.
Indictable offence
Indictable offences are the most serious category of criminal offence. It includes offences such as murder, wounding with intent and arson. There are two stages in indictable trials. Firstly, a preliminary investigation known as a preliminary enquiry or committal proceedings in the Magistrates Court before a magistrate must be conducted. The purpose of the enquiry is so that the Magistrate can determine if the Prosecution can establish a prima facie case against the accused–in other words, if there is a sufficient case made out against the accused to justify a trial by jury.
Indictable offences are also commenced by complaint but sometimes called information in the Magistrates Court. The procedure for the preliminary enquiry is contained in the Indictable Offences (Preliminary Enquiry) Act Chap 12:01. At the preliminary inquiry stage persons against whom an indictable offence is laid are not called upon to plead, that is, they do not enter a plea. At this stage the prosecution is to produce all the evidence that is to be led at trial at the end of the enquiry the magistrate can either discharge the accused person or commit him for trial.
After the preliminary enquiry if the DPP wishes to proceed with the indictable charge, he must cause an indictment to be filed in the High Court which initiates proceedings in the High Court. The indictment may contain one or more counts/charge. This is the second stage–trial by jury before a judge in the High Court. At the High Court the accused would be arraigned, a plea is taken, if a plea of not guilty is entered a jury would be selected and empanelled and a trial would proceed.
Triable either way offences
Offences triable either way are offences stipulated by statute that may be tried either as an indictable offence or a summary offence. These include offences of malicious damage, larceny and assault occasioning actual bodily harm. Once the offence is one that is listed in the second schedule of the Summary Courts Act either the prosecutor or the defence may make representations to the court as to why the offence is more suitable for summary trial. Before a magistrate can hear an offence listed in the schedule summarily the consent of the defendant must be obtained. If consent is given the Magistrate would proceed with the case as a summary offence.
The defendant may be permitted by the magistrate to withdraw his consent and proceed with the case as a preliminary enquiry. There are also offences which specifically state that the offence can be proceeded summarily or indictable and the prosecution would determine which way to proceed. The magistrate also has the power after hearing the initial facts of a triable either way offence, to switch the case to an indictable offence rather than proceed summarily (for example, where it appears to be a serious case). The magistrate also has the power to switch from committal proceedings to summary trial of an offence of a similar kind unless the DPP directs otherwise.
This article sets out general guidelines; all legal rules have exceptions and variations. How the law applies to you depends on the facts of your case. Assistance for this article obtained from Intellectual Property Office
