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CAN A PERSON BE FORCED INTO QUARANTINE DURING THE CORONAVIRUS PANDEMIC IN T&T?

13/5/2020

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​Yes, if certain conditions are met,
 a person can be forced to stay in quarantine (or be guilty of an offence).
A person can only be forced into quarantine if the person has been tested by the Caribbean Public Health Agency (CARPHA) or by a private medical laboratory (not necessarily approved by CARPHA) and tests positive for Covid-19. If this occurs the Chief Medical Officer of Trinidad and Tobago can give directions to restrain, segregate or isolate that person or any other person who may have been exposed to that person. A person who does not comply with these directions commits an offence and is liable on summary conviction to a fine of $50,000TT and imprisonment for a term of six months.
​
However, it is worth noting that this regulation only has effect from the 11th of May, 2020 to the 24th of May, 2020 but it is likely that a new updated regulation will be released and this time period may be extended.

Have a look at the relevant section of the Public Health [2019 Novel Coronavirus (2019-nCoV)] (No. 13) Regulations, 2020 below:

8(1)  Where the result of a test conducted by the Caribbean Public Health Agency (CARPHA) or by a private medical laboratory under regulation 7 shows that a person is suffering from the 2019 Novel Coronavirus (2019-nCoV), the Chief Medical Officer may give such directions as he thinks fit for–
(a) the restraint, segregation and isolation of that person or any other person who, by exposure to infection from that person, is likely to suffer from the 2019 Novel Coronavirus (2019-nCoV); 
(b) the removal of a person referred to in paragraph (a) to a public hospital or a designated facility; or 
(c) the curative treatment of a person referred to in paragraph (a). 
​
(2) The Chief Medical Officer may give a direction under subregulation (1) where, in his discretion, he considers it necessary to do so-
(a) for the purposes of preventing or controlling the spread of the 2019 Novel Coronavirus;
(b) in the interests of the person in relation to whom the direction is given; or
(c) in the interests of the public health system.

(3) Where the Chief Medical Officer gives a direction under subregulation (1), the person in relation to whom the direction is given shall be informed–
(a) of the reason for giving the direction;
(b) of the period during which the person is likely to be required to remain at a public hospital or a designated facility for observation, surveillance or curative treatment; and
(c) that it is an offence to fail to comply with the direction or to obstruct a medical practitioner, a nurse, a member of staff at a public hospital or a designated facility or a member of staff of a public or private ambulance service from carrying out the direction.

(4) A person who–
(a) fails to comply with a direction under subregulation (1); or
(b) obstructs a medical practitioner, a nurse, a member of staff at a public hospital or a designated facility or a member of staff of a public or private ambulance service from carrying out a direction under subregulation (1),
commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and imprisonment for a term of six months.

​Important Notice: This post does not constitute legal advice. Always consult with an attorney on any legal problem or issue.

​This website is managed by AURORA Chambers; a law practice in Trinidad and Tobago.

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