The legal system of Trinidad and Tobago
English common law with a republican Westminster structure since 1976, when the monarch was replaced by a President elected by Parliament. The country is the seat of the Caribbean Court of Justice, which sits in Port of Spain, yet it has not adopted the CCJ's appellate jurisdiction and still appeals to the Privy Council. Section 13 of the Constitution allows Parliament to pass legislation inconsistent with rights by a three-fifths majority, a mechanism used for anti-crime measures and unusual in the region.
Legal tradition
Trinidad and Tobago belongs to the common law tradition. English common law with a republican Westminster structure since 1976, when the monarch was replaced by a President elected by Parliament. The country is the seat of the Caribbean Court of Justice, which sits in Port of Spain, yet it has not adopted the CCJ's appellate jurisdiction and still appeals to the Privy Council. Section 13 of the Constitution allows Parliament to pass legislation inconsistent with rights by a three-fifths majority, a mechanism used for anti-crime measures and unusual in the region.
How power is divided
Unitary, with a statutory measure of internal self-government for Tobago through the Tobago House of Assembly under the Tobago House of Assembly Act 1996. Proposals to entrench Tobago autonomy in the Constitution have not yet been enacted.
Where law comes from
- The Constitution
- Supreme law, but subject to the section 6 savings clause and section 13 overrides.
- Acts of Parliament
- House of Representatives and Senate.
- Received English common law and equity
- Continued in force; developed by local courts.
- Judicial precedent
- Privy Council decisions bind all courts.
The legal profession
A fused profession of attorneys-at-law under the Legal Profession Act, though practitioners still describe themselves as practising at the bar or as instructing attorneys. Admission follows a law degree plus the Legal Education Certificate from the Hugh Wooding Law School; the Law Association regulates discipline.
Law by topic in Trinidad and Tobago
- Tax LawIncome Tax Act, Corporation Tax Act and VAT, with petroleum taxed separatelyIndividuals are taxed under the Income Tax Act and companies under the Corporation Tax Act, both administered by the Board of Inland Revenue. VAT applies under the Value Added Tax Act above a registration threshold, with returns filed bi-monthly. Energy-sector companies are additionally subject to the Petroleum Taxes Act, which is where a large share of national revenue is raised.
- Family LawCohabitational Relationships Act alongside the Matrimonial Proceedings ActDivorce and financial relief are governed by the Matrimonial Proceedings and Property Act, with irretrievable breakdown as the ground and separation as the usual evidence. The Cohabitational Relationships Act 1998 gives a cohabitant of at least five years, or less where there is a child, the right to apply for property adjustment and maintenance. Children's matters are dealt with under the Family and Children Division of the High Court, created by the Family and Children Division Act 2016.
- Constitutional Law1976 Republican Constitution with a savings clause for existing lawTrinidad and Tobago became a republic in 1976, replacing the monarch with a President elected by an Electoral College. The Constitution guarantees fundamental rights in sections 4 and 5, but section 6 saves laws in force before 1976 from challenge on rights grounds, which has shaped decades of litigation. Legislation inconsistent with the protected rights may still be enacted if passed by a three-fifths majority and expressly stated to have that effect.
- Immigration & NationalityImmigration Act work permits with a 30-day exemptionA non-national who intends to work must hold a work permit issued by the Ministry of National Security under the Immigration Act, and engaging in work without one is an offence for both worker and employer. A short exemption allows work of up to 30 days in a twelve-month period without a permit. CARICOM nationals with an approved skills certificate may work without a permit under the free-movement regime.
- Business & CorporateCompanies Act 1995 on the Canadian modelThe Companies Act 1995 replaced the older English-style ordinance with a statute modelled on Canadian business corporations legislation, which is why Trinidad and Tobago uses articles of incorporation rather than a memorandum. Companies are registered with the Companies Registry at the Ministry of the Attorney General and Legal Affairs. A single shareholder and a single director are permitted for a private company.
- Property & LandDual registration under the RPA and the older common-law deeds systemTrinidad and Tobago runs two parallel systems: land brought under the Real Property Act holds a certificate of title with Torrens-style protection, while older land remains under common-law conveyancing recorded by deed at the Registrar General. Which system applies determines the searches required and the strength of the buyer's position. The Land Tribunal, established under the Land Tribunal Act 2000, hears land disputes.
- Criminal LawAbolition of preliminary inquiries and a move to judge-alone trialsThe core offences sit in the Offences Against the Person Act and the Criminal Law Act, with procedure in the Criminal Procedure Act and the Indictable Proceedings Act 2011. The Miscellaneous Provisions (Trial by Judge Alone) Act 2017 allows an accused to elect trial by judge without a jury, and the Administration of Justice (Indictable Proceedings) Act replaced the traditional preliminary inquiry with a sufficiency hearing to cut delay. Prosecutions are brought by the Director of Public Prosecutions.
- Employment & LabourThe Industrial Court and the standard of good industrial relations practiceTrinidad and Tobago is distinctive in the region for the Industrial Court, a superior court of record established under the Industrial Relations Act 1972, which decides dismissal and trade dispute matters by reference to the principles of good industrial relations practice rather than strict contract law. Access is ordinarily through a recognised trade union reporting a dispute, following conciliation by the Ministry of Labour. The Minimum Wages Act and the Maternity Protection Act set statutory floors.
- Civil ProcedureCivil Proceedings Rules 1998 with mandatory pre-action conductThe Civil Proceedings Rules 1998, substantially amended since, govern High Court litigation and impose an overriding objective together with active case management. Judicial review is separately regulated by the Judicial Review Act 2000, which requires prompt application. Appeals lie to the Court of Appeal and then, with leave, to the Privy Council.
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