PUBLIC STATEMENT OF THE JUDICIARY OF TRINIDAD AND TOBAGO FREEDOM OF INFORMATION ACT (FOIA), CHAPTER 22:02

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1 PUBLIC STATEMENT OF THE JUDICIARY OF TRINIDAD AND TOBAGO FREEDOM OF INFORMATION ACT (FOIA), CHAPTER 22:02 In Compliance with sections 7, 8 and 9 of the Freedom of Information Act ( FOIA ), Chapter 22:02 In accordance with Sections 7, 8 and 9 of the Freedom of Information Act, Chapter 22:02 ( FOIA ) of the Laws of the Republic of Trinidad and Tobago, the Judiciary of Trinidad and Tobago ( the Judiciary ) is required to publish the following statements which list the documents and information generally available to the public. The Act gives members of the public: 1) A legal right for each person to access information held by the Judiciary. 2) A legal right for each person to have official information relating to him/her amended where it is incomplete, incorrect or misleading. 3) A legal right to obtain reasons for adverse decisions made regarding an applicant s request for information under the FOIA. 4) A legal right to complain to the Ombudsman and to apply to the High Court for Judicial Review to challenge adverse decisions made under the FOIA. SECTION 7 STATEMENTS Section 7 (1) (a) (i) Function and Structure of the Judiciary Mission Statement: The Judiciary works towards the resolution of conflict in the society by resolving disputes that arise out of the operation of laws and involve the application of remedies and the punishment of offenders. Vision Statement: The Judiciary of Trinidad and Tobago aims to provide an accountable court system in which timeliness and efficiency are hallmarks, while still protecting integrity, equality and accessibility and attracting public trust and confidence. 1

2 The Judiciary is the third arm of the State and is headed by the Chief Justice. It comprises the Supreme Court of Judicature and the Magistracy. As in most democratic countries, the Judiciary is established by the Constitution of the Republic of Trinidad and Tobago. It operates independently from the Executive as a forum for the resolution of disputes between individuals and bodies including the State. The Supreme Court of Judicature is made up of the Court of Appeal and the High Court. The Magistracy comprises the Courts of Summary Criminal Jurisdiction and the Petty Civil Courts. These Courts are established under the Summary Courts Act, Chapter 4:20 and the Petty Civil Courts Act, Chapter. 4:21 of the Laws of the Republic of Trinidad and Tobago. The Magistracy The Magistracy is headed by the Chief Magistrate and exercises original jurisdiction in relation to summary criminal matters. The Magistrates Court also facilitates Preliminary Enquiries into serious criminal matters to determine whether in any given case adequate evidence has been established against an accused person before he/she can be indicted or committed for trial at the High Court Criminal Division of the Supreme Court. The Petty Civil Court deals with civil matters involving money claims which are less than Fifty Thousand Dollars ($50,000.00). There are twelve (12) Magisterial Districts in Trinidad and Tobago comprising of the following court locations, St. George West Magistrates Court (covering Port of Spain and its environs), Tunapuna Magistrates Court, Chaguanas Magistrates Court, Couva Magistrates Court, San Fernando Magistrates Court, Point Fortin Magistrates Court, Arima Magistrates Court, Sangre Grande Magistrates Court, Princes Town Magistrates Court, Rio Claro Magistrates Court, Mayaro Magistrates Court, Siparia Magistrates Court, Moruga Out Court, Toco Out Court, Scarborough Magistrates Court, Charlotteville Out Court and the Roxborough Out Court. The High Court The High Court exercises the power to entertain proceedings in indictable criminal matters, family matters, and in civil matters (inclusive of applications made during the course of proceedings and informal motions in Chamber Courts). The Civil Proceedings Rules (CPR), 1998 were introduced from September 16, 2005 with the objective of ensuring the timely resolution of disputes and the delivery of justice which is equally accessible to all citizens. Some benefits of these Rules are the simplification, efficiency and timely expedition of the procedures by which civil litigation is brought and handled before the High Court, especially the focus on the case management system which encourages mediation and settlement. The Court of Appeal The Court of Appeal has appellate jurisdiction over both the Magistracy and the High Court, inclusive of the Magisterial and High Court Sections of the Family Court. At present, an appeal from the Court of Appeal in Trinidad and Tobago lies to the Judicial Committee of the Privy Council either as of right, or with the leave of that Court. Department of Court Administration The Judiciary seeks to discharge its functions against hallmarks of independence, integrity and access to justice and fairness. These core values have assisted in shaping the Judiciary s mission 2

3 and vision, and have also guided the institution along a path of transformation and modernization. A major output of the reform initiative has been the creation of a Department of Court Administration (DCA), headed by a Court Executive Administrator. The DCA operates as an extension of the Judge s mandate for managing the Courts and their cases under the direction and supervision of the Chief Justice. The DCA has a range of specialized Units, and its role involves the study, review, implementation and management of the systems, procedures and processes utilized to manage cases brought before the Courts. It also ensures that the case flow management techniques are adequately supported for minimum delay between the filing and disposition of a case, while ensuring due process is afforded equally to all who appear before the courts. Effect of Functions on Members of the Public The role of the Judiciary is to resolve disputes in society. The duty of the Judiciary is to do so fairly and in a timely and efficient manner so as to gain and maintain the public s trust and confidence. Some of the effects of the Judiciary s functions are: access to justice; ensuring equal and fair justice; enhanced public safety under the rule of law; the impartial administration of law between individual citizens as well as between citizens and the State; the maintenance of avenues to address and resolve disputes within society without the reliance on harsh or arbitrary techniques; ensuring that government agencies act within the law; and interpreting the law and upholding the Constitution. Section 7 (1) (a) (ii) Categories of Documents in the Possession of the Judiciary List as appropriate: Administrative files used in the daily operations of the Judiciary; Documentation on matters before the Supreme Court; Documentation related to the accounting and financial management function of the Judiciary; Financial records; Documentation relating to the procurement of supplies, services and equipment; Personnel records containing information on job specifications, job applications, staff appointments, promotions, transfers, applications for vacation leave, resignations, retirements and deaths; Cabinet Documents; Legal Opinions and related matters; Minutes and Agendas of meetings; 3

4 Policy Documents; Procedural Guidelines and Manuals; Records of Human Resource Development and Training; Records of Committees and Associations; Contract documents and incidental material; Statistical Reports of Court matters; Maps/Charts/Photographs/Compact Discs/Diskettes/Abstracts/Tapes/Catalogues; News releases and speeches originating within the Judiciary; Circulars, Memoranda, Notices and Bulletins; Legislation and Legal Instruments; and Safety Advisories. Section 7 (1) (a) (iii) Material Prepared for Publication or Inspection The public may inspect and/or obtain copies of the following materials: 1) Unreported Decisions of the Trinidad and Tobago Supreme Court available at: Office Copies Section Supreme Court of Trinidad and Tobago Hall of Justice, Port of Spain Phone: (868) , ext 2424 Fax: (868) ) The Judiciary Annual Reports available at: Court Library Services Unit Hall of Justice, Knox Street, Port-of-Spain Trinidad and Tobago Phone: (868) , ext 2366 Fax: ( These materials are available between the hours of 8:00 am - 4:00 pm on normal working days. Section 7 (1) (a) (iv) Literature Available by Subscription Members of the public may subscribe for the following material: 4

5 A monthly subject listing of judgments which is available on subscription, either through or hard copy. Contact or write to: Court Library Services Unit Hall of Justice, Knox Street, Port-of-Spain Trinidad and Tobago Phone: (868) , ext 2366 Fax: ( Section 7 (1) (a) (v) Procedure to be followed when accessing a document from the Judiciary How to Request Information: General Procedure The policy of the Judiciary is to respond to all oral and written requests for information. However, in order to derive the rights given to the applicant under the Act, (for example, the right to challenge a decision if the request for information is refused), the applicant must make such request for information in writing. The applicant must, therefore, complete the Request for Access to Official Document(s) Form that is available from the Designated Officer of the Judiciary. Addressing Requests To ensure prompt handling of requests, please address it to the Designated Officer of the Judiciary. Requests will be acknowledged as official when made on the prescribed form. Details in the Request Applicants must provide sufficient information which will enable the Designated Officer to identify the document(s) being requested. If insufficient information is provided, clarification will be sought from the applicant. If the applicant is not sure how to write his/her request or what details to include therein, communication with the Designated Officer is recommended. Requests not handled under the FOIA A request under the FOIA will not be processed to the extent that it asks for information, which is readily available to the public, either from this public authority or from another public authority, for example brochures, pamphlets, reports etc. Responding to your Request: Retrieving Documents The Judiciary is required to furnish copies of documents only when they are in our possession or we can retrieve them from storage. Information stored in the Judiciary s storage centre will be retrieved in order to process your request. 5

6 Furnishing Documents An applicant is entitled to copies of information we have in our possession, custody or power. We are required to furnish only one copy of a document. If we cannot make a legible copy of a document, we will furnish the best copy possible and note its quality when replying. In treating with requests, the Judiciary is not obligated to create new documents. For example, we are not required to write a new program so that a computer will print information in the format you prefer. We are also not required to perform research for you. Time Limits General Applicants will be notified within thirty (30) days or before whether or not the request is approved. Applicants whose requests are incomplete or unclear will be informed of the same by the Designated Officer who will make arrangements to meet with the applicant for consultation, with a view to clarifying the request. The time limit of thirty (30) days will be suspended while consultation with the applicant is being undertaken, and will resume on the day the applicant confirms or alters the request. An applicant, whose request for documents is refused, will be notified by the Designated Officer in writing of the reasons for the refusal. The Designated Officer will consult with the applicant about alternative recourses that are open to him/her. If the Judiciary fails to meet the thirty (30) day deadline, the Act gives the applicant the right to proceed as though the request has been denied. The Judiciary will try diligently to comply with the time limit. If it appears that processing your request may take longer than the statutory limit, we will acknowledge your request and advise you of its status. Since there is a possibility that requests may be incorrectly addressed or misdirected, the applicant may wish to call or write to confirm that the Designated Officer has received the request and to ascertain its status. Time Allowed We will determine whether to grant your request for access to information as soon as practicable, but no later than thirty (30) days as required by Section 15 of the Act. If a decision is taken to grant access to the information requested, you will be permitted to inspect the documents and/or be provided with copies. Fees and Refunds The Freedom of Information (Fees and Charges) Regulations prescribes the fees to be incurred in making the documents available. Where such fees are payable, the applicant is entitled to receive the document(s) within seven (7) days of payment of the relevant fee. If we fail to provide the information within the seven (7) day period, the applicant is entitled to a refund of the fees paid in addition to free access to the document (s) requested. 6

7 Section 7 (1) (a) (vi) Officers in the Judiciary responsible for: 1) The initial receipt of and action upon notices under Section 10; 2) Requests for access to documents under Section 13; and 3) Applications for corrections of personal information under Section 36 of the FOIA. The Designated Officer is: Ms Michelle Mayers Legal Unit Judiciary of Trinidad and Tobago Hall of Justice Knox Street, Port-of-Spain Phone: (868) , ext Fax: (868) mmayers@ttlawcourts.org The Alternate Officer is: Ms Jamie Philbert Legal Unit Judiciary of Trinidad and Tobago Hall of Justice Knox Street, Port-of-Spain Phone: (868) , ext 2701 Fax: (868) jphilbert@ttlawcourts.org Section 7 (1) (a) (vii) Advisory Boards, Councils, Committees, and other bodies (where minutes/meetings are open to the public). At this time, there are no bodies in the Judiciary that fall within the meaning of this section of the FOIA. 7

8 Section 7 (1) (a) (viii) Library/Reading Room Facilities Information in the public domain can be accessed at our library or through our website at You may make enquiries at the library at (868) , ext or The libraries of the Judiciary are open from Monday to Friday 8:00 am to 4:00 pm. Access to the libraries are open to Judges and other Judicial Officers as well as administrative staff of the Judiciary. It is also open to Attorneys-at-law who have been admitted to practice in the Courts of Trinidad and Tobago. However, the Library undertakes, as far as is practicable, to facilitate the needs of non-legal persons through its co-operative links with other libraries, including the National Library and Information System Authority (NALIS), and to provide information through its web-pages on the Judiciary s website at Provision of copies of documents that are readily available to the public Subject listing of Judgments received by the Library Unit (usually 11 issues per year); Annual subscription TT$ (print or ). Photocopies of material held in the Library Unit 0.50c per copy (copies to be done by the user). SECTION 8 STATEMENTS Section 8 (1) (a) (i) Documents containing interpretations or particulars of written laws or schemes administered by the Judiciary, not being particulars contained in another written law. Section 8 (1) (a) (ii) Manuals, rules of procedure, statements of policy, records of decisions, letters of advice to persons outside the public authority, or similar documents containing rules, policies, guidelines, practices or precedents. 8

9 Section 8 (1) (b) In enforcing written laws or schemes administered by the public authority where a member of the public might be directly affected by that enforcement, being documents containing information on the procedures to be employed or the objectives to be pursued in the enforcement of the written laws or schemes. This section is not applicable to the Judiciary at the time. SECTION 9 STATEMENTS Section 9 (1) (a) A report or a statement containing the advice or recommendations, of a body or entity established within the public authority. Section 9 (1) (b) A report, or a statement containing the advice or recommendations, of a body or entity established outside the public authority by or under a written law, or by a Minister of Government or other public authority for the purpose of submitting a report or reports, providing advice or making recommendations to the public authority or to the responsible Minister of that public authority. Section 9 (1) (c) A report, or a statement containing the advice or recommendations, of an Interdepartmental Committee whose membership includes an officer of the Judiciary. Section 9 (1) (d) A report, or a statement containing the advice or recommendations, of a Committee established within the public authority to submit a report, provide advice or make recommendations to the responsible Minister of that public authority or to another officer of the public authority who is not a member of the committee. The section is not applicable to the Judiciary at this time. 9

10 Section 9 (1) (e) A report (including a report concerning the results of studies, surveys or tests) prepared for the public authority by a scientific or technical expert, whether employed within the public authority or not, including a report expressing the opinion of such an expert on scientific or technical matters. Section 9 (1) (f) A report prepared for the public authority by a consultant who was paid for preparing the report. Section 9 (1) (g) A report prepared within the public authority and containing the results of studies, surveys or tests carried out for the purpose of assessing, or making recommendations on, the feasibility of establishing a new or proposed Government policy, programme or project. Section 9 (1) (h) A report on the performance or efficiency of the public authority, or of an office, division or branch of the public authority, whether the report is of a general nature or concerns a particular policy, programme or project administered by the public authority. There are no reports or statements to be published under this section at this time. Section 9 (1) (i) A report containing (1) final plans or proposals for the re-organization of the functions of the public authority, (2) the establishment of a new policy, programme or project to be administered by the public authority, or (3) the alteration of an existing policy programme or project administered by the public authority, whether or not the plans or proposals are subject to approval by an officer of the public authority, another public authority or Cabinet. 10

11 Section 9 (1) (j) A statement prepared within the public authority and containing policy directions for the drafting of legislation. There are no statements to be published under this section at this time. Section 9 (1) (k) A report of a test carried out within the public authority on a product for the purpose of purchasing equipment. There are no reports to be published under this section at this time. Section 9 (1) (l) An environmental impact statement prepared within the public authority. There are no environmental impact statements to be published under this section at this time. Section 9 (1) (m) A valuation report prepared for the public authority by a valuator, whether or not the valuator is an officer of the public authority. There are no reports to be published under this section. 11