The Attorney General of Trinidad and Tobago and others (Respondents) v Jason Jones (Appellant) (Trinidad & Tobago)

Case summary

Case ID

JCPC/2025/0095

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Jason Jones

Respondent(s)

The Attorney General of Trinidad and Tobago

The Equal Opportunity Commission of Trinidad and Tobago

The Trinidad and Tobago Council of Evangelical Churches

Issue

Do sections 13 and 16 of the Sexual Offences Act 1986 (the “Act”) repeal and re-enact sections 59, 60 and 61 of the Offence Against the Person Act 1925 and so fall within section 6 of the Constitution of the Republic of Trinidad and Tobago (the “Constitution”)? Do sections 13 and 16 of the Act infringe the fundamental rights guaranteed by section 4 of the Constitution? Are sections 13 and 16 of the Act reasonably justifiable, in whole or in part, in a society which has proper respect for the rights and freedoms of the individual?

Facts

Mr Jones is a homosexual man. He sought a declaration that sections 13 and 16 of the Act infringe his fundamental rights under the Constitution. Section 13 of the Act prohibits “buggery”. Section 16 prohibits “sex acts” other than sexual intercourse. Section 16 makes an exception to this prohibition for sex acts carried out in private between a male and a female who are both over the age of 16 and consent to the act. Mr Jones sought a declaration that sections 13 and 16 of the Act are unconstitutional. Mr Jones argued that these sections infringe his right to respect for his private and family life, his right to liberty and security of the person, his right to equality before the law and the protection of the law, his right to freedom of thought and expression, and his right not to be subjected to cruel and unusual treatment or punishment. At first instance, the judge held that sections 13 and 16 of the Act were unconstitutional. The Court of Appeal overturned the decision of the High Court. Mr Jones now appeals to the Judicial Committee of the Privy Council.

Date of issue

26 September 2025

Case origin

Appeal As of Right

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