The Judicial Committee of the Privy Council has concluded its hearing in the landmark constitutional appeal brought by LGBTQ+ activist Jason Jones, reserving its judgment for a future date. The case has its roots in Jones’ 2017 challenge against Sections 13 and 16 of Trinidad and Tobago’s Sexual Offences Act. These sections criminalise certain consensual same-sex sexual activity between adults and have penalties of up to five years’ imprisonment.
In 2018, Jones won a significant victory when the High Court ruled these laws unconstitutional. However, in a controversial turn of events in 2025, the Court of Appeal overturned that decision. It determined that the challenged provisions were protected by the Constitution’s savings law clause, preserving certain laws that existed before Independence.
The appeal to the Privy Council, Trinidad and Tobago’s highest appellate court, revolved around whether amendments made to the Sexual Offences Act after Independence exempted the legislation from the protection of the savings clause. The hearing also examined whether the provisions continue to infringe upon constitutional rights, including equality, liberty, and privacy.
The outcome of this case could establish a significant precedent for several Caribbean countries that still enforce similar colonial-era laws. A ruling in favour of Jones could influence future constitutional challenges throughout the region. Conversely, a decision upholding the Court of Appeal could fortify the legal protection granted to certain pre-Independence legislation.
Following the hearing, the panel of Privy Council judges reserved their judgment, delivering no immediate decision. A written ruling is expected in the forthcoming months, although no official date has been set.
