PCA Annual Report 2012 / 2013 : simplebooklet.com

Police Complaints Authority | 9ContentsA Message from the Director of the Police Complaints Authority……… 11Our Purpose and Our Operations………………………………………… 13Financial Report for the period ended September 30, 2013…………… 15Organizational Chart……………………………………………………… 16Strategic Plan 2012-2013………………………………………………… 17Administration Unit……………………………………………………….. 19Human Resources Department…………………………………………... 21Information Technology Department…………………………………….. 25Communications Department……………………………………………. 27Legal Counsel, Compliance and Complaints Unit……………………….. 35Statistical Report of the Investigations Department……………………... 39Recommendations………………………………………………………... 57Proposed Amendments to the Police Complaints Authority Act……….. 59The Police Complaints Authority Act No. 8 of 2006…………………..... 65The Miscellaneous Provisions (Ministry of Justice) Act, 2011………....... 91The Police Complaints Authority Complaint Form…………………….... 95

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Police Complaints Authority | 11“At the Crossroads…Taking Decisive Steps”Message from the Director of thePolice Complaints AuthorityWhat was the thinking behind the theme chosen for the year under review?“At the Crossroads-Taking Decisive Steps” is a true representation of the position of the Police Complaints Authority (PCA) after almost three years in existence and, as the theme suggests, the PCA has reached to a point that calls for the Authority to take its operation to the next level.This can only be achieved by amendments to the legislation and the greater allocation of resources so that the PCA is able to conduct its work in a more efcient and effective manner throughout the length and breadth of the country.With the steady inow of complaints and the increased number of matters, which call for action on the part of the PCA, the Authority nds itself in need of a greater complement of staff, especially persons who are suitably qualied to conduct complex and sensitive investigations on behalf of the Authority.In this last year, the PCA was able to ll some of its key positions including the Head of Operations and Senior Legal Ofcer resulting in a reduced burden on the Authority, which before then, was literally carrying most of the work of the PCA on its shoulders. While the Authority has been able to establish itself as an independent organization committed to fullling its statutory mandate within the given legal framework, the reality is that the PCA is unable to perform its core function of investigating all matters involving criminal Gillian C.I. LuckyDirector

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12 | Police Complaints Authorityoffences committed by police ofcers, police corruption and serious police misconduct.Although a complaint falls within the remit of the PCA, if the investigation of the matter would involve taking possession of exhibits such as rearms or narcotics, the PCA has no alternative but to allow the police to investigate such matters because the PCA investigators would be considered in unlawful possession of those items and therefore could be charged for the relevant offences.The current position is untenable because it ies in the face of the most important role given to the PCA as evidenced by the long title of the Police Complaints Authority Act (“PCA Act”), namely, its investigative function.Without the investigators of the PCA being clothed with the powers, privileges, immunities and authorities of the police, the PCA has no choice but to adopt its monitoring or auditing functions in matters that it should be investigating.This deciency, which can only be cured by legislative intervention is explained in greater detail in the body of the Report under the section ‘Proposed Amendments to the PCA Act’ and you are encouraged to read the justication for this amendment as well as many others that are critical for the proper functioning of the Authority.The focus for the past year included streamlining the operations of the PCA and reducing the timelines for completion of matters undertaken by the Authority.The number of complaints received by the PCA and the matters, which were initiated by the PCA (meaning those matters, which fell within the remit of the PCA and were placed in the public domain although not specically reported to the PCA) have increased during the last year and this trend is most likely the result of the continuous public awareness campaign, which began in the last period of operation.Admittedly, there is more to be done with respect to the PCA public education campaign and in the next nancial year there will be an enhanced drive to reach even more citizens throughout the country.Contained in this report is an account of all the constituencies visited by the PCA as part of its public awareness programme and most importantly, the recommendations that came out of the meetings in which persons shared their concerns about various aspects of police behaviour that fall within the remit of the PCA.One of the functions of the PCA is to advise the Police Service on ways in which police corruption and serious police misconduct may be eliminated and during the past year, these suggestions have been communicated to the Commissioner of Police and the list can be found in this Report.A major concern of the Authority is the current lack of a permanent presence in Tobago and although ofcers go to the island in order to conduct inquiries or investigate matters, the PCA recognizes the urgent need for an ofce to be located in Tobago.In this regard, until the government, which is responsible for providing a location for the PCA, nds a suitable location in Tobago, attempts will be made in this nancial year that is 2013/2014, to nd temporary accommodation to facilitate the taking of complaints and other matters related to the functions of the PCA. With an increased staff in this past year, the PCA has benetted from the enhanced collective expertise and has been able to deliver a better service to those who want a just resolution of their matters.It is expected that in the next nancial year the PCA will continue to gain public trust and condence as an entity, which is committed to ‘nding truth and ensuring justice.’Gillian C.I. LuckyDirector

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Police Complaints Authority | 13The Police Complaints Authority Act No. 8 of 2006 (“the Act”), proclaimed on January 1, 2007, replaced the Police Complaints Authority Act, 1993 (“the former Act”), which provided for complaints against police ofcers to be sent by the then Police Complaints Authority to the Trinidad and Tobago Police Service (TTPS) for investigation.The Act of 2006 distinctively established the Police Complaints Authority (PCA) as an independent corporate body mandated, among other things, to investigate complaints within its remit without the involvement of the police.APPOINTMENTSSection 6 (1) of the Act provides for the PCA to be comprised of a Director and Deputy Director to be appointed by the President of Trinidad and Tobago on the joint advice of the Prime Minister and the Leader of the Opposition. By Section 7 of the Act, the Director or Deputy Director shall have at least ten (10) years experience as an Attorney-at-Law.On December 29, 2010, the Authority’s rst Director and Deputy Director were appointed for the maximum period of ve (5) years.FUNCTIONSThe PCA is given extensive functions by virtue of Section 21(1) of the Act, namely:-(a) To investigate criminal offences involving police ofcers, police corruption and serious police misconduct;(b) To undertake enquires into, or audits of, any aspect of police activities for the purpose of ascertaining whether there is police corruption or serious police misconduct or circumstances that may be conducive to both;Our Purpose and Our Operations

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14 | Police Complaints Authority(c) To monitor an investigation conducted by any person or authority in relation to any matter mentioned in paragraph (a) and to undertake audits of those investigations;(d) To advise the Police Service and other public authorities on ways in which police corruption and serious police conduct may be eliminated;(e) To gather evidence that may be admissible in the prosecution of a person who is not a police ofcer for a criminal offence in relation to the Police Service and to furnish that evidence to the Director of Public Prosecutions, or where an authority outside the State is concerned, the Attorney General;(f) To gather evidence that may be used in the investigation of serious police misconduct and furnish such evidence to the Commissioner of Police or the Police Service Commission for appropriate action;(g) To gather evidence that can be used in the prosecution of a police ofcer involved in a criminal offence and furnish such evidence to the Director of Public Prosecutions; or (h) To perform any other functions that may be conferred on it by any other written law.With such important functions, it is incumbent that the PCA be provided with the resources necessary to effectively and efciently full its statutory mandate.INDEPENDENCEBy Section 19 of the Act, the Authority is not subject to the direction or control of any other person in the performance of its functions or the exercise of its statutory powers.ANNUAL REPORTSection 20 (1) (a) & (b) of the Act imposes a statutory obligation on the Authority to submit to the Minister1 an annual report of its activities in the preceding nancial year and a copy of the audited statement of accounts for that period for laying in Parliament. The Trinidad and Tobago Gazette (Extraordinary) Vol. 52 No. 136 published on Wednesday October 16, 2013, provides that effective September 6, 2013 the Minister to whom responsibility for the Police Complaints Authority is assigned is the Minister of Legal Affairs.This report features the activities of the Authority for the period October 1, 2012 to September 30, 2013 and highlights the strides made in its operations, in a year where the focus included streamlining operations and reducing timelines for completion of matters undertaken by the Authority.AUDITED ACCOUNTSSection 18 (2) of the Act requires that the accounts of the Authority be audited annually by the Auditor General or by an auditor authorized by him for such purpose.The nancial statements of the Authority for the nancial year ended 30 September 2013 were forwarded to the Auditor General for audit in compliance with the Act and the Auditor General has requested the Authority to select a professional rm of chartered accountants to conduct the audit. The Authority has commenced this exercise. A Financial Report on the income and expenditure of the PCA for the period October 1, 2012 to September 30, 2013 is to be found on page 15 of this Annual Report. 1By section 6 of the Miscellaneous Provisions (Ministry of Justice) Act, 2011 – “ “Minister” means the Minister to whom responsibility for the Police Complaints Authority is assigned;”

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Police Complaints Authority | 15Financial Reportfor the period ended September 30, 2013The Police Complaints Authority was allocated funding in the amount of Fifteen Million, Two Hundred and Nine Thousand and One Hundred and Fifty dollars ($15,209,150.00) to facilitate capital and recurrent expenditure for the nancial year 2012/2013. The Authority was also allocated an amount of One Million, One Hundred and Ninety Six Thousand and Seven Hundred dollars ($1,196,700.00) to meet the payment of direct charges on the Consolidated Fund.The total allocation of Sixteen Million, Four Hundred and Five Thousand and Eight Hundred and Fifty dollars ($16,405,850.00) was released to the Authority during the nancial year 2012/2013 from which the amount of Fourteen Million, Two Hundred and Sixty-Six Thousand and Eight Hundred and Eight dollars ($14,266,808.00) was actually expended. The Table below shows the actual unaudited Receipts and Expenditure of the Authority during the year under review.Head /Sub-Head APPROVED TOTAL TOTAL Item/Sub-Item ALLOCATION RELEASES EXPENDITURE58: Ministry of Justice 04: Current Transfers and Subsidies009: Other Transfers01: Police Complaints $15,209,150.00 $15,209,150.00 $13,070,108.00 Authority04: Police Complaints $ 1,196,700.00 $ 1,196,700.00 $ 1,196,700.00 Authority -Direct Charges TOTAL $16,405,850.00 $16,405,850.00 $14,266,808.00

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Police Complaints Authority | 17Strategic Plan2012-2013The Police Complaints Authority’s Strategic Plan and Strategic Objectives During the period under review, the Police Complaints Authority (PCA) commenced implementation of its Strategic Plan 2012-2015, as driven by the organization’s Vision to be a “Reliable Authority Leading the Way to Justice.” The plan sets out organizational strategic goals, as well as strategic objectives for the following departments within the Authority:• Investigations;• Legal Counsel, Compliance and Complaints Unit;• Administration;• Finance;• Communications• Human Resources; and• Information Technology.The Strategic Goals focus on:Business and Financial Results with emphasis on:• Preparation of precise, timely and reliable nancial reports;• Preparation of timely and accurate budgets;• The operation of a transparent and accountable nancial system; and• Prudent expenditure in line with budget.Customers and Stakeholders with emphasis on:• Ensuring better informed and satised customers;• Clarifying the PCA’s role, functions and duties;• Providing excellent service to clientele; and• Promoting and sustaining the public’s trust and condence.Internal Operations of the organization with emphasis on:• Documenting and implementing best practice policies and business processes;• Secure infrastructure;• Use of technology to improve efciency; and• Development and implementation of a comprehensive Risk Management System.Human Resources Management (HRM) Learning, Growth and Team Building with emphasis on: • Recruitment and retention of well qualied and committed members of staff;• Documentation and implementation of a comprehensive strategic HRM plan;• Documentation and Implementation of a comprehensive strategic training plan; and• Design and Implementation of an effective internal communications plan.Executing the Strategic Plan alongside the day to day operational requirements presented the Authority with unique challenges. However, most timelines for implementation of particular objectives have been met. Notable achievements include:• The implementation of a case management system for the Investigations Department;• The launching of the PCA’s website and Facebook page; and• Completion of the draft HRM policy manual and employee handbook.Financial Year 2013-2014 The timelines for execution of the remaining strategic objectives have been adjusted for implementation in the new nancial year.

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Police Complaints Authority | 19Administration UnitOverviewDuring the rst and second quarters of the nancial year (2012-2013), the Administration Unit continued to manage and oversee the operations of the PCA. However, at the commencement of the third quarter and with the recruitment of the Head of Operations, the Unit’s reporting structure became compliant with the PCA’s Organizational Chart.Demands on the resources of the PCA increased during the period particularly in the areas of human resources, investigative processes, records management and information technology. The Administration Unit was instrumental in assisting the PCA to achieve progress with the recruitment of key members of staff and an increase in human resources. The PCA and all its related activities were streamlined for the best business, customer and operational results. In addition, the Administration Unit pursued its strategic objectives, namely:1. To provide excellent service to internal and external customers;2. To ensure that the PCA receives value for money through its procurement process for goods and services;3. To prepare and submit timely and accurate departmental estimates of expenditure and to review periodically with actual costs;4. To improve the efciency in securing goods and services;5. To contribute to a safe work environment and the security of the PCA’s assets; and6. To ensure adequate, well trained and competent staff complement for the department. PROJECTSThe following are highlights of projects undertaken by the department:• Insurances (i) Group Health & Life proposals were submitted and examined resulting in the selection and successful implementation of a comprehensive package for employees of the PCA;(ii) Extensive research was conducted to acquire proposals for insurances under Public Liability, Workmen’s Compensation, Property All Risks (Fire & Perils) and Directors and Ofcers Liability, bearing in mind the unique operations of the PCA. This continues to be a work in progress and will be nalized for implementation in the next nancial year. • Fire and Safety The PCA’s Fire and Safety Committee developed, formalized and implemented the organization’s Fire and Safety Manual, with emphasis placed on the safety procedures and guidelines that staff would adhere to in the case of a re or other emergency. This Committee is quite effective and proactive, as it conducts internal awareness programmes, in-house and external safety inspections, as well as drills on a regular basis. The Authority, members of the Fire and Safety Committee and some staff were exposed to internationally recognized training, being certied in CPR and First Aid, as well as First responders in any emergency or catastrophic eventualities. • Internal Fire and Safety Systems In addition to the standard re and safety systems, the PCA installed three (3) re suppression systems on its premises at Tower D.• Customer ServiceThe needs of our primary clientele being the “complainant” were always dealt with foremost and expeditiously.

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20 | Police Complaints Authority• TobagoThe Authority (as empowered by Statute to receive and investigate allegations of criminal offences involving police ofcers, corruption and serious police misconduct throughout our Republic) engaged in critical operations in the island of Tobago. PCA Investigations Ofcers attended to several matters in Tobago during the period under review and the Director and Deputy Director engaged the public in Outreach campaigns in Scarborough, Argyle and Moriah. During these engagements residents identied the urgent need for a permanent PCA presence on the island. As a consequence, the Administrative Coordinator and other key members of staff visited Tobago to plan and make tentative arrangements for the establishment of a permanent PCA ofce. During the nancial period under review, submissions and recommendations were made to the relevant Ministry for the operations of the PCA in Tobago in the next nancial year.• JAMAICAIn June 2013, the Administrative Coordinator was part of a PCA Team which visited The Independent Commission of Investigations (INDECOM), a civilian oversight of law enforcement body in Jamaica. This meeting enabled the PCA to exchange ideas and share systems and best practices with an institution that shares a similar mandate. Matters discussed during this visit included:• Finance and Accounts;• Procurement; and• Human Resources (HR). Policies and guidelines governing areas under HR were reviewed and discussed including the following:-• Telecommuting Policy and Guide;• Fleet Management Policy;• Disaster Management Policy inclusive of Procedures for Evacuation, Bomb threats;• Disciplinary Code, Procedures and Guidelines;• Code of Ethics; and• Recruitment and Terms & Conditions.The Administration Unit plays a pivotal role in the day to day operations of the PCA with ultimate responsibility for all the support systems within the institution being innovative at times to satisfy the needs of a rapidly growing institution. Notwithstanding several challenges in discharging its responsibilities during this period of operations, this Unit continued to optimize resources to deliver the highest standards of performance. Director Gillian Lucky (L) and Commissioner Terrence Williams (R), INDECOM, host a joint press conference during Director Gillian Lucky’s visit to INDECOM, Jamaica.INDECOM’s Commissioner Terrence Williams (L) presents Deputy Director (R) of the PCA, Master Ralph Doyle with a plaque, in recognition of the PCA’s visit to INDECOM.

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Police Complaints Authority | 21Human ResourcesDepartmentOverviewThe Human Resources Department assists the Authority in the execution of its functions with a focus on recruiting the “right” people for the “t” of the organization, facilitating learning and development and creating a professional and collaborative work environment supported by progressive human resource practices.In order for the Police Complaints Authority (PCA) to meet its organizational goals, it must attract, develop and retain talented staff with appropriate capabilities and skills. Recruiting and retaining talented employees is an important part of the department’s operational strategy. During the period under review, the PCA lled nine (9) vacancies to ensure appropriate stafng needs were met throughout the organization. Most noteworthy of these were the positions of Head of Operations and Senior Legal Ofcer. The recruitment of these two senior positions assisted the PCA in meeting its departmental and strategic objectives for the period.Additionally, ve (5) employees were promoted within the core delivery departments to ensure alignment with the operational needs of the Authority. The PCA also implemented a rotation system of Investigations Ofcers throughout the year to ensure a consistent delivery of civilian oversight to the residents of Tobago. Training and Development In keeping with its philosophy of continuous learning, the PCA offered a variety of training and development opportunities during this period.In February 2013, an interactive training workshop entitled ‘A Police Ofcer’s Right to be Heard BUT When, Where and with Whom’ was conducted for members of the Investigations and Legal Counsel, Compliance and Complaints Departments by Mr. Robert Bland. Mr. Robert Bland, former Criminal Justice Advisor to Trinidad and Tobago conducts an interactive workshop with members of staff of the Investigations Department and LCCCU.

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22 | Police Complaints AuthorityMr. Bland was previously attached to the International Division of the Crown Prosecution Service in the United Kingdom and was the Criminal Justice Advisor to Trinidad and Tobago. The workshop encompassed guidelines and principles for planning a pre-interview disclosure, forms of disclosure and record keeping for a pre-interview disclosure.In May 2013, the Deputy Director attended the Canadian Association for Civilian Oversight of Law Enforcement’s (CACOLE’s) conference in Canada. The theme ‘Civilian Oversight: Promoting Accountability, Independence and Transparency’ focused on civilian oversight processes in ensuring quality, professional policing that engenders the public’s trust and support. The Deputy Director participated in very informative sessions including Police Misconduct, International perspectives on oversight and Independence in civilian-led investigations of police.In June 2013, the PCA hosted a two-day workshop conducted by Staff Sergeant Kevin O’ Blenis of the Royal Canadian Mounted Police, an ofcer with forty years’ experience in law enforcement. Royal Mounted Police Staff Sargeant Kevin O’Blenis in an in-house training sesssion with PCA investigators June 4, 2013Seated L-R: Deputy Director Master Ralph Doyle, Director Gillian Lucky and Moira MacDaid, Criminal Justice Advisor to Trinidad and Tobago with joint stakeholders at a PCA sensitization meeting.

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Police Complaints Authority | 23Group shot of the PCA visiting team to INDECOM, Jamaica with members of staff of INDECOM, led by Commissioner Terrence Williams, (second row 3rd from right). The PCA team was headed by Deputy Director of the PCA, Master Ralph Doyle (second row 4th from left). Sergeant O’Blenis was accompanied by Ms. Wendy Curzon of the British High Commission and Mrs. Moira MacDaid of the Crown Prosecution Service, U.K who is currently the Criminal Justice Advisor to the Republic of Trinidad and Tobago.The workshop focused on interviewing techniques, major case management, execution of a search warrant, dealing with cybercrime and the fundamentals of logging data for case management.In June 2013, the Deputy Director and key members of the Legal, Investigations and Administration Departments visited the Independent Commission of Investigations (INDECOM) in Jamaica. The team gained an appreciation of INDECOM’s structure and function and shared ideas on improving the efciency and effectiveness of civilian oversight bodies in the region like the INDECOM and the PCA.The information gained assisted in the formation of policies and procedures. The PCA hopes to continue networking with INDECOM and other similar bodies in the coming year to foster learning and development opportunities.Additionally, other professional programmes attended by staff throughout the year included:• Supervisory Management;• ICAC Caribbean Conference for Accounts;• Investigations Training;• International Credential and CV Fraud;• Understanding and Managing the Tender Process;• Protocol Training; and• First Aid and CPR Training.

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24 | Police Complaints AuthoritySignicant Developments during 2012 – 2013:• Implementation of the PCA’s Recruitment and Selection Policy.• Introduction of the PCA’s Condentiality and Disclosure Agreement.• Formulation of the PCA’s Employee Handbook.Recruitment and Selection PolicyThe goal of the PCA’s Recruitment and Selection Policy is to provide the Authority with competent individuals who possess the necessary knowledge, skills and abilities to perform effectively. This approach to recruitment and selection is in keeping with good industrial relations practice and seeks to ensure that candidates selected are well-suited to the relevant job roles and the PCA.The process of recruitment for each position may include any combination of the following approaches: interviews, work samples, psychometric assessments, role-plays, group exercises and reference checks prior to making an offer of employment.Condentiality and Disclosure AgreementSection 47 (h) (iii) of the Police Complaints Authority Act provides that –“A person who-without lawful justication or excuse-discloses condential information…; commits an offence and is liable on summary conviction to a ne of fty thousand dollars and to imprisonment for ve years”. The Authority has introduced a Condentiality and Disclosure Agreement for all staff and has a “zero tolerance” approach to any breach of this Agreement. Employee HandbookThe PCA Employee Handbook was drafted during the last quarter of the period under review. This Handbook is intended to improve communication between the Authority and its staff regarding work place practices and procedures and to help new employees become better acquainted with work place practices at the outset of their employment.Focus for the Upcoming Year:The Department looks forward to providing the Authority with a complement of competent personnel to assist in the fullment of its mandate and has several key projects planned for the new scal year including:• Acquisition of a Human Resource Management System;• Development of a Reward and Recognition Programme;• Implementation of a Balanced Scorecard Performance Management System; and• Introduction of a new learning and development delivery model to ensure that core skills training is appropriate, cost-effective and consistent.

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Police Complaints Authority | 25InformationTechnology DepartmentNetworking & Information SecurityNetworking and Information Security are the two main areas in which the Information Technology (IT) Department provides support to the PCA. This support is necessary for the Authority’s daily operations to enhance and preserve security of data. The IT Department is responsible for internet connectivity, wireless services and network devices security.During the period under review the IT Department implemented new rewall policies and proactively congured all managed network devices to enable automatic security updates and minimize infections of new age threats.E-Learning and Training Technology is ever changing and employees may not have the skills and training to utilize the technology effectively. With the assistance of iGovTT and its Microsoft Enterprise Agreement, the PCA was able to register all its employees to access E-Learning via the Web directly from Microsoft. This facility allowed each employee an allotted timeframe on application training (for example, ofce productivity tools such as Microsoft Ofce 2010).TelecommunicationsTelecommunications provides the PCA with a reliable and cost-effective communications tool to communicate internally and externally with its various stakeholders. The IT Department implemented a Session Initiation Protocol (SIP) trunk and consolidated all analog lines into one digital system. This initiative enabled the PCA to increase the capacity of both incoming and outgoing calls. The PCA’s Hotline 800-2PCA was also integrated into this system to increase its capacity and ensure all calls were routed to correct destinations. Other measures were implemented to ensure data protection on devices and to safeguard the condentiality of PCA related information. Information Technology InfrastructureThe growth of the PCA during the period under review with respect to human resources, department processes, use of technology and an increase in data storage and usage, were all contributing factors to the overall growth of the IT Infrastructure. Outlined below are areas of development and expansion implemented within the IT Infrastructure during the period 2012 – 2013:-• Installation of a re suppression system to safeguard against re and water damage of IT equipment and File System;• Installation of an additional multifunction printer to increase efciency and productivity while reducing paper usage through the scanning capabilities;• The launch and maintenance of the PCA website to provide 24/7 information on the PCA’s Activities, Processes and Mandate;• Increase in server and desktop computer systems to assist in managing the growth of staff and complaints;• Implementation of an Uninterrupted Power Supply system;• Expansion of PBX phone system to accommodate additional incoming and outgoing calls and conversion of analog lines to digital to increase capacity for incoming calls;• Increased server storage was implemented to assist with data growth and backup and recovery; and• An increase in internet bandwidth to match the capacity increase in services and usage within the PCA.

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Police Complaints Authority | 27CommunicationsDepartmentWebsite DevelopmentThe search for a website developer began in the last nancial year with the drafting of proposals and the nding of a suitable service provider through proper procurement channels but, the development and launch of the website spanned much of this period under review. Our website www.pca.org.tt was launched on April 14, 2013 and the Facebook Page was launched on October 4, 2013. Our website is yet another medium to communicate with our various stakeholders and provides information on the role and functions of the PCA.Persons can familiarize themselves with the steps involved and the documents needed to make a complaint and our contact information is available. The website chronicles our various sensitization meetings through an extensive photo gallery.The PCA recognized the need for this electronic medium to reach members of the public who need information in a timely manner, a channel to communicate and in many instances share details, which have helped in our investigations of several matters. The website and Facebook page are managed by the Communications Unit. The website is a simple interface, which is easy to navigate. In the upcoming nancial year it is the hope that this site and our Facebook page will continue to grow as we work towards optimizing their features to improve our service to the public. Community Outreach ProgrammeOver the period October 1, 2012 to June 30, 2013, the Police Complaints Authority (PCA) continued on an initiative, which it started in the nal quarter of the preceding nancial year.The PCA Community Outreach Programme was designed to educate and sensitize the citizenry on the role, responsibility and remit of the PCA. It was the vision of the Authority that by going into the communities across both Trinidad and Tobago, we would as an Authority, be better informed about the unique needs of specic communities based on the complaints of its residents. This programme has proven to be quite fullling in this regard.During this period under review the PCA conducted twelve of these sensitization meetings, the details of which we present, as well as our ndings from interfacing with members of the public.Pointe-a-Pierre Constituency Meeting, Marabella Secondary School, October 13, 2012The rst meeting in this period under review was conducted in the Constituency of Pointe-a-Pierre. Director Lucky, in her address to those in attendance at this meeting focused on the following topics:-• The role, responsibility and remit of the PCA and the independence of the PCA;• Doing the right thing, being law abiding and working within the law; • The importance of young persons being upstanding citizens in society; and• The importance of the Trinidad and Tobago Police Service (TTPS) embarking on a similar community outreach programme because many of the concerns raised at this meeting were specically related to the TTPS and not the PCA.

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28 | Police Complaints AuthorityTobago West Constituency Meeting, Division of Infrastructure and Public Utilities Lecture Room, October 18, 2012This was the rst of three meetings held in Tobago. At this community meeting, held at the Division of Infrastructure and Public Utilities’ Lecture Room in Shaw Park, Scarborough, Tobago, the focus was specically on the role, functions and remit of the PCA stressing on serious police misconduct, police corruption and criminal offences involving police ofcers.The Deputy Director, Master Ralph Doyle edied his presentation with reference to Claim No: 2011 HCV 06344 Williams, Gerville et al v The Commissioner of the Independent Commission of Investigations, The Attorney General and The Director of Public Prosecutions, in the Caribbean jurisdiction of Jamaica. The Deputy Director used this authority to illustrate, inter alia, civilian oversight of law enforcement by a regional body (INDECOM) and the statutory obligation of police ofcers to respond positively to a civilian oversight body.This meeting presented an opportunity for Tobagonians to raise their concerns about what they perceive is a pervasive abuse of police power on the island. Those present indicated that they had concerns about condentiality and expressed fear of victimization if they made complaints. The PCA assured those in attendance that all matters, which come before the PCA are held in strictest condence.This meeting cemented for the PCA the need for a permanent presence in Tobago.Mayaro Constituency Meeting, Rio Claro Community Centre, October 23, 2012This was the rst of two community outreach meetings conducted in the Constituency of Mayaro. The second came much later in the nancial year and will be discussed later on in this report. This sensitization meeting was the largest on record of all meetings conducted by the PCA to date, with an audience of approximately two hundred persons in attendance. The role, responsibility and remit of the PCA were discussed. The Director, with anecdotes, gave an account of the specic situations where the PCA can investigate, monitor and/or audit allegations of serious police misconduct, police corruption and/or criminal offences involving police ofcers. The Director also spoke on the independence of the PCA and highlighted the condentiality of all matters, which come before the PCA.This meeting highlighted to the PCA the widespread opinion held by the burgesses of Mayaro of the abuse of police powers in the rural communities.Deputy Director Master Ralph Doyle speaking to a couple at the Tobago West Constituency meeting on October 18, 2012Mayaro Constituency Meeting on October 23, 2013

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Police Complaints Authority | 29Barataria/ San Juan Constituency Meeting, Barataria Regional Facility, November 6, 2012The PCA’s sensitization meeting with the residents of the Constituency of Barataria/ San Juan was held on November 6, 2012 at the Barataria Regional Facility. In her presentation the Director addressed the following topics:-• The history of the PCA;• The remit of the PCA to investigate complaints made about police ofcers related to serious police misconduct, police corruption and criminal offences involving police ofcers;• The independence of the PCA;• The importance of condentiality at the PCA; and• The method of making a complaint and the complaint process.Arouca/Maloney Constituency Meeting, Bon Air High School, November 14, 2012The Arouca/Maloney community outreach meeting was held at the Bon Air High School on November 14, 2012. In addition to speaking on the history of the PCA, the role, remit and responsibilities of the PCA, the Director also made the suggestion/recommendation for the TTPS to introduce the use of body cameras on its police ofcers and the importance of the use of CCTV cameras in holding cells. The Director noted the challenges that the introduction of these new technologies would present to the TTPS but noted the benet to be derived as same would introduce transparency in the execution of duties and mitigate against allegations made by complainants of police impropriety. The Director also indicated that the PCA would welcome these changes if implemented by the TTPS as they could lead to reduced complaints and shorter investigations timeframes.Most of the questions posed by those in attendance were directly related to the police service per se and not questions about the PCA. It was at this meeting the Director reiterated the call made at the Pointe-a-Pierre meeting for the TTPS to engage in a similar community outreach meeting to hear rst-hand the public’s concerns about the TTPS. Contributing to the discussion at the Barataria San Juan Constituency meeting on November 6, 2012Arouca/Maloney Constituency Meeting November 14, 2012The PCA Director also made the suggestion/recommendation for the TTPS to introduce the use of body cameras on its police ofcers and the importance of the use of CCTV cameras in holding cells.

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30 | Police Complaints AuthorityCouva North Constituency Meeting, Couva North Constituency Ofce, March 13, 2013This was the rst meeting held in the second phase of the PCA Community Outreach programme, but still fell within the period under review. The meeting was held at the Constituency Ofce of the Member of Parliament for Couva North. At this meeting, the independence of the PCA was the focus of the discussion. Director Lucky also gave an overview of the PCA and explained the PCA’s remit with respect to criminal offences involving police ofcers, serious police misconduct and police corruption.Tunapuna Constituency Meeting, El Dorado Cooperative Complex Building, March 26, 2013At the Tunapuna Constituency community outreach meeting the Director gave an overview of the PCA. The Director also explained the role the PCA plays in the ght against crime and spoke specically of the need to amend the Police Complaints Authority Act to give the PCA investigators the powers, authorities, privileges and immunities of the TTPS. In essence, this meeting addressed the following:-• An overview of the PCA;• The role, remit and responsibilities of the PCA; and• The need for greater powers to be afforded to the PCA’s investigators in-keeping with the Police Complaints Authority Act.Arima Constituency Meeting, Arima Town Hall, April 3, 2013At the Arima Constituency community outreach meeting the Deputy Director spoke specically on the role and remit of the PCA as well as the unique nature of the Authority and the independence of the PCA. Concerns raised by those in attendance were varied and included:-• Whether the PCA had the “teeth” to rid the TTPS of rogue ofcers;• What some residents referred to as “pervasive victimization” from ofcers; • Allegations of serious police misconduct; and• Misuse of police powers.A cross-section of the attendees at the Couva North Constituency MeetingDeputy Director Master Ralph Doyle at the Arima Constituency Meeting March 3, 2013An Arima resident makes his contribution at the Arima Constituency Meeting

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Police Complaints Authority | 31Siparia Constituency Meeting, Penal Rock Road Community Centre, April 30, 2013The Siparia Constituency community meeting covered several issues including but not limited to the history of the PCA and an explanation of its role, remit and responsibilities. At this meeting the PCA also referred to several plans to move the Authority forward in its mandate to provide civilian oversight of law enforcement in Trinidad and Tobago. These included establishing:-• A permanent PCA presence in Tobago;• Satellite ofces across Trinidad and Tobago to increase the PCA’s presence across the country;• An anonymous tip line to encourage persons to come forward with information and keep their contributions condential; and• A forensic science division within the PCA with trained in-house personnel. The PCA plans for the future also included:-• Recommendations for amendments to the PCA legislation;• Elevating the resources at the PCA; and• Implementing of polygraph and psychometric testing in the PCA staff recruitment process. Tobago East Constituency Meeting – Arglye Community Centre, May 21, 2013The PCA conducted three community outreach meetings in Tobago during this period under review. The rst meeting was held in Scarborough and highlighted for the PCA a need for a greater PCA presence in Tobago. Plans were put in place for the coordination and execution of two other sensitization sessions in the Constituency of Tobago East. These meetings were conducted over a two-day period, the rst meeting was held in Argyle and the other in Moriah.At the Argyle sensitization meeting, the following topics were discussed:-• A historical perspective of the PCA, which began with legislative reform in 2006 and led to the establishment of the existing PCA and made the former PCA (a review body with no power to investigate) defunct;• An explanation of the role, responsibilities and remit of the PCA; and• The statutory requirement that no police ofcers may be employed at the PCA.Siparia Constituency meeting April 30, 2013 Moriah Community Meeting-Moriah Tobago

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32 | Police Complaints AuthorityThe Director highlighted the accomplishments of the Authority in the context of the expectations of Tobagonians:-• Results-oriented;• Heavy importance on condentiality; and• Action oriented- not inclined to “ole talk”.Results-orientedReference was made to the PCA’s role in the Sea Lots matter, in which a police ofcer was charged in connection with the fatal vehicular accident, which claimed the lives of three Sea Lots residents. The ndings of our investigations were used to inform recommendations to the Director of Public Prosecutions (DPP) and the Commissioner of Police. In a statement made by the DPP, Mr. Roger Gaspard, S.C., he referred to the invaluable contribution of the PCA, which led to the arrest of the offending ofcer.CondentialityThe Police Complaints Authority Act binds its staff to keep all matters condential and failure to do so comes with penalties of imprisonment and a ne. In this connection, the PCA has introduced a Condentiality and Disclosure Agreement for its staff. A condential “tips” telephone line is also being pursued to facilitate persons being able to give information without the fear of victimization. This will assist the PCA investigators with case management. Action-orientedThe Director added that the PCA is working towards a fully-staffed, fully-operational, permanent presence in Tobago with satellite ofces also to be established in Tobago. Director Lucky noted the importance of continuous engagement to hear the concerns of the public. Tobago East Constituency Meeting, Moriah Community Centre, May 22, 2013At the Moriah Community meeting, the following topics were discussed:-• An overview of the history of the PCA; • An explanation of the powers of the Authority to investigate allegations of police corruption, serious police misconduct and criminal offences involving police ofcers; and• An explanation of the “R.I.C.E” factor, a term coined by the Director.R- Relevant and rigorous. Keep the PCA relevant and rigorous in the ght against crime. The PCA’s role is to rid the police service of rogue elements and the concern of the PCA is not the percentage of rogue elements within the Service but the removal of the rogue element. The PCA is alert and aware and can initiate its own investigations without a complaint being made to the Authority, for example in the case of the fatal Sea Lots accident.Argyle Community Meeting-Argyle Tobago

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Police Complaints Authority | 33I - Independent. The PCA is a wholly, independent body. The PCA has no Line Minister or Line Ministry. This is to ensure the independence of the Authority from political interference.C- Condentiality The PCA must ensure that all matters that come before it for attention are held in the strictest condence. E- Efcient and effective. An effective and efcient PCA operation would involve the establishment of a permanent presence in Tobago as well as nationwide, satellite sub-ofces.Mayaro Community Meeting, bpTT Mayaro Resource Centre, June 24, 2013The second Mayaro sensitization session was held at the bpTT Mayaro Resource Centre on the invitation of the Mayaro Business Community. In that specic meeting, Director Gillian Lucky spoke to:-• The need for legislative reform to give the PCA greater powers; • The public’s role in lobbying the government for greater powers for the PCA; • The “R. I. C.E.” factor;• The importance of condentiality at the PCA;• The independence of the Authority;• The role and remit of the PCA; and• An overview of the PCA and how to make a complaint.The audience raised a number of issues pertaining to the police service, which the Director explained was out of the purview of the PCA and suggested that they contact the Trinidad and Tobago Police Service to request that they too conduct similar community meeting(s).Conclusion and RecommendationsThe PCA Community Outreach Programme was a well-received initiative. In the future, the PCA will continue to work with communities and local stakeholder groups to continue this form of engagement. The PCA is working to design these sensitization sessions around a more robust, national communications campaign. It is our vision that our continued engagement with the public will help in bridging the gaps of knowledge about the role of the PCA.There were recurring themes throughout this Outreach programme. It was evident from the members of the public who attended these meetings that there are several concerns, not only with the PCA, but the TTPS. They are concerned that the PCA may not have the power to full its mandate at this time and needs “sharper teeth”. The greater problems however lie with their perception of the police service as hostile and uncaring. There is also the misconception that the PCA is an arm of the TTPS.In the rural communities such as Rio Claro and Mayaro and in the isle of Tobago the complaints share a striking resemblance- abuse of police powers, police victimization and lack in condence of matters/ reports being kept condential.These were the common concerns articulated by attendees at our meetings. The other pervasive complaint was the attitude of police ofcers in the execution of their duties. People want a more customer-centric police service.The PCA is of the view that community outreach programmes are very efcacious in reaching the citizens on that “one-on-one” basis. This form of public engagement also keeps the conversation with the public going and keeps the work of the PCA “top of mind”. It is our recommendation that the TTPS embarks on a similar community outreach programme to hear rst-hand the concerns of the public about the police service. This method of engagement if properly executed will yield rich data from which the TTPS can inform policy and also address these problems in the hope of fostering a more customer-service centric body.

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Police Complaints Authority | 35Legal Counsel, Compliance and Complaints UnitOverview of the LCCCUThe Legal Counsel, Compliance and Complaints Unit (LCCCU) plays an essential role in the complaint process of the Police Complaints Authority (PCA). The LCCCU is involved in all aspects of the complaint process, starting from the initial receipt of the complaint and continuing to the end where recommendations are made at the conclusion of an investigation. The LCCCU provides legal support to Complaints Ofcers by assisting in the initial classication and assessment of reports. In this regard, when a report is made to the PCA, either by a civilian or a police ofcer, the determination as to whether it is a matter that the PCA is authorized by law to investigate (i.e. whether it falls within the remit of the PCA as stipulated under the Police Complaints Authority Act, Chap. 15:05 (the PCA Act)) is done primarily by the LCCCU, or where necessary, in conjunction with the Director and Deputy Director. The assessment of reports involves a process of determining whether the report is one that falls within the remit of the PCA, as stipulated under section 21(a) of the PCA Act, “…to investigate criminal offences involving police ofcers, police corruption and serious police misconduct.” In light of this function, the LCCCU in the execution of the assessment process, categorizes substantive complaints based on the Police Service Regulations (Subsidiary Legislation under the Police Service Act, Chap. 15:01), Criminal Law principles, prevalence of the offence and/or defaulting act in the Trinidad and Tobago Police Service (TTPS), public interest and concern, the geographical area in which the offence and/or defaulting act occurred, the history and rank of the defaulting ofcer, victimology and extent of damage/loss/injury. These criteria are by no means exhaustive. When the report has been assessed as within the remit of the PCA it is converted into a complaint and forwarded to the Investigations Department. During the course of the investigation/monitoring/auditing, certain evidence may be required for example, medical reports or Magistrate Court extracts. It is the LCCCU’s roles to liaise with stakeholders and, if necessary, prepare ofcial correspondence to the relevant institution requesting the pertinent information. The LCCCU also functions as an advisory body to the Investigations Department with regard to legal implications, which may arise during the course of an investigation and assists in guiding an investigation along a particular course.The LCCCU further assists with the record-keeping and collection of statistical data of these complaints. Details of a complaint are collected by the LCCCU and entered into an electronic database in the form of a word-processing spread sheet. As indicated in its 2011-2012 Annual Report, the PCA acquired electronic software geared specically towards a civilian oversight organization to improve the management of the complaints process and effective and accurate record keeping. However, the software is currently being customized to meet the needs of the PCA and will be introduced in January 2014. The LCCCU continues to play a key role in the customization of this software.The LCCCU is also directly involved in the drafting and vetting of contracts for entities providing services to the PCA.StafngOver the past year, the LCCCU staff increased to a complement of eleven (11) staff members, which includes seven (7) Attorneys-at-Law, three (3) complaints ofcers and one (1) Administrative Assistant. One of the Attorneys-at-Law holds the ofce of Senior Legal Ofcer.

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36 | Police Complaints AuthorityKey AchievementsThe LCCCU seeks to ensure that proper corporate social responsibility is maintained. In so doing, the LCCCU sent remit letters to complainants during this reporting period informing them whether their complaints were within or outside the remit of the PCA’s investigative authority. This was done to improve the client-service provider relationship and ensure that our stakeholders are provided with proper feedback on the status of their complaints. In addition, the LCCCU has participated in a duty counsel system. Under this system an Attorney is assigned to the Complaints section of the PCA to assess whether reports fall within the PCA’s remit.TrainingThe PCA has always recognized the need for well trained staff and members of the LCCCU beneted from workshops and training including:- • A Police Ofcer’s Right to be Heard BUT When, Where and with WhomIn February 2013 all members of the LCCCU participated in an interactive training workshop entitled ‘A Police Ofcer’s Right to be Heard BUT When, Where and with Whom’, which was conducted by Mr. Robert Bland who was previously attached to the International Division of the Crown Prosecution Service in the United Kingdom and was the Criminal Justice Advisor to Trinidad and Tobago. • Interviewing techniques, major case management, execution of a search warrant, dealing with cybercrime and the fundamentals of logging data for case management.In June 2013, the LCCCU participated in a two-day workshop conducted by Staff Sergeant Kevin O’Blenis of the Royal Canadian Mounted Police, an ofcer with forty years’ experience in law enforcement. The workshop focused on interviewing techniques, major case management, execution of a search warrant, dealing with cybercrime and the fundamentals of logging data for case management.• A Consultative visit to Indecom Jamaica. In June 2013 a member of the LCCCU was part of a team led by the Deputy Director which visited the Independent Commission of Investigations (INDECOM) – a civilian oversight law enforcement body in Jamaica. The visit allowed the LCCCU member to gain knowledge and share experiences of strategic objectives, organizational structure, complaints, investigative and legal processes relevant to the PCA and INDECOM.• A three (3) day workshop entitled “Understanding and Managing the Tender Process” at the Arthur Lok Jack Graduate School.This workshop was attended by two members of the LCCCU. From this workshop, members of the LCCCU were able to acquire knowledge in both the philosophy of procurement by tender, and an understanding of the legal and regulatory framework of the procurement process. The workshop provided an insight into the practices and procedures governing tendering including issuing, receiving and understanding the role and function of the various participants in the tender process.• Protocol and EtiquetteThe Administrative Assistant to the LCCCU and an Attorney from the LCCCU participated in a one day workshop on protocol and etiquette conducted by Mrs. Lenore Dorset former Executive Assistant to the President of the Republic of Trinidad and Tobago.

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Police Complaints Authority | 39Investigations Department Statistical Report for the period October 1, 2012 to September 30, 2013The Investigations Department of the Police Complaints Authority receives complaints which the Authority deems to be within its statutory “remit”. This means that these complaints have been assessed by the Legal Counsel, Compliance and Complaints Unit to be matters involving serious police misconduct, police corruption, criminal offences involving police ofcers and/ or criminal offence(s) by any other person(s) but involving a police ofcer.A complaint may have several allegations against one or more ofcers, however the complaints that fall with the remit of the PCA must fall within these four aforementioned categories. 470 complaints were received by the Investigations Department for the period October 1, 2012 to September 30, 2013 as compared with 340 complaints which were received for the period October 1, 2011 - September 30, 2012 and 255 complaints for the period December 29, 2010 - September 30, 2011. This reected a signicant increase of complaints received for the reporting period. For the period under review, there was a 38% increase in the total number of complaints forwarded to the Investigations Department compared to the previous year. Table 1 shows the breakdown of complaints received for investigation over the reporting years 2010-2013 together with the percentage increases. Figure 1 shows a graphical representation of the increases for the periods 2010-2011, 2011-2012 and 2012-2013.Table 1: Breakdown of Complaints Received for Investigation from 2010-2013Figure1: Increase by Number of Complaints Received from 2010-2013

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40 | Police Complaints AuthorityComplaints ReceivedFor Investigations During 2012- 2013.During the period October 1, 2012 to September 30, 2013 the 470 complaints received for investigations were classied into the following six (6) categories: Category 1- This category treats with the following complaints:I. Fatal Shootings; II. Non-fatal Shootings; III. Death in Police Custody;IV. Road Trafc Accidents Involving Police Ofcers Resulting in Death; andV. Dangerous Driving Causing Death.Category 2- This category treats with the following complaints:I. Assaults;II. Actual Bodily Harm;III. Harassment; andIV. Threats.Category 3- This category treats with the following complaints:I. Rape;II. Child Abuse;III. Other Sexual Offences Relating to the Sexual Offences Act; andIV. Domestic Violence.Category 4- This category treats with the following complaints:I. Larceny;II. Malicious Damage;III. Use of an Explosive Substance; andIV. Damage to Property.Category 5- This category treats with the following complaints:I. Failure to Investigate;II. Discreditable Conduct; III. Other Disciplinary Offences Under The Police Service Regulations;IV. Neglect of Duty; andV. Failure to Perform Duty.Category 6- This category treats with the following complaints:I. Perverting the Course of Justice;II. Intention to Defraud/Fraud;III. Corrupt Practice;IV. Extortion;V. Misbehaviour in Public Ofce; andVI. Breach of Judges Rules.With the increased number of complaints, the PCA’s Investigations Department reassessed its data capture procedures bearing in mind the aforementioned categories and analysed the 470 complaints.However, the methodology for the previous period was modied. The most serious allegation within each complaint was used for analysis and treated as the subject matter of the complaint. Each complaint was then categorized using the aforementioned categories, coded and analysed. This was done to cater for the various allegations within a complaint and also to accommodate and establish a quantitative measurement data set which will be a permanent record for the Police Complaints Authority.

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Police Complaints Authority | 41CATEGORY 1 This category reected fatal shootings, non –fatal shootings, death in police custody, road trafc accidents involving police ofcers resulting in death and dangerous driving causing death. There were forty (40) complaints in Category 1 which represented 8.5% of the total number of complaints received for the period under review. Figure 2: Represents the numbers for the different complaints in this category for 2012-2103. POLICE DIVISIONS (FATAL AND NON-FATAL SHOOTINGS)There were nineteen (19) complaints involving fatal shootings and seventeen (17) complaints of non-fatal shootings. The Central Division had the highest incidence of fatal shootings, with a record of six (6) shootings which reected 31%. The Tobago and South Western Divisions had no (fatal or non-fatal) shootings. The Western and North Eastern Divisions had the highest incidence of non-fatal shootings- four (4) each, which represented 23% respectively. Table 2 shows the number of complaints in Police Divisions of Fatal and Non-Fatal police shootings and the corresponding percentages for 2012-2013.Table 2: Fatal and non-fatal shootings per Police Divisions for the period 2012-2013Figure 2: Category 1 Complaints for the period 2012-2013

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Police Complaints Authority | 43Figure 5 Category 2 Complaints for the period 2012- 2013Table 3: Number of Complaints of Assault per Division for the period 2012 -2013CATEGORY 2 This category treats with the following complaints: assaults, actual bodily harm, harassment and threats. One hundred and eighty ve (185) complaints fell into this category which represented 39.4% of the overall complaints received by the Investigations Department. Of the 185 complaints in Category 2, one hundred and forty four (144) involved allegations of assault, twenty three (23) were complaints of actual bodily harm, ten (10) complaints of harassment and eight (8) complaints of threats.Figure 5 represents the numbers for the different complaints in this category for 2012-2013. The one hundred and forty four (144) complaints involving assaults accounted for 30.6% of the total number of complaints received by the Investigations Department. A breakdown of the complaints of assaults shows that the Eastern Division recorded the highest number - thirty three (33), which was 23% of the number of 144. The South-Western Division recorded the lowest number with ve (5) complaints which represented 3%. Table 3 shows the number of complaints of Assaults per Police Divisions and the corresponding percentages for 2012-2013.

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44 | Police Complaints AuthorityFigure 6 illustrates the percentages of complaints of Assaults per Police Divisions.Figure 6: Complaints of Assault in Percentages per Police Divisions for the period 2012 - 2013Figure 7: Category 3 Complaints for the period 2012- 2013 CATEGORY 3This category treats with the following complaints: rape, child abuse, sexual offences relating to the Sexual Offences Act and domestic violence. There were seven (7) complaints in this category which represented 1.5% of the total number of complaints received by the Investigations Department. These included (2) allegations of rape, one (1) of child abuse, three (3) of sexual offences relating to the Sexual Offences Act and one (1) of domestic violence. Figure 7 represents the numbers for the different complaints in this category for 2012-2013.

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Police Complaints Authority | 45Figure 8: Category 4 Complaints for the period 2012- 2013 Figure 9: Category 5 Complaints for the period 2012- 2013CATEGORY 4This category treats with the following complaints: larceny, malicious damage, use of an explosive substance and damage to property.In this category there were thirty-nine (39) complaints which represented 8.3% of the total number of complaints received by the Investigations Department.This included twenty-eight (28) complaints of larceny, four (4) of malicious damage, one (1) relating to the use of an explosive substance and six (6) of damage to property. Figure 8 represents the numbers for the different complaints in this category for 2012-2013.CATEGORY 5 This category treats with the following complaints: failure to investigate, discreditable conduct, disciplinary offences under The Police Service Regulations, neglect of duty and failure to perform duty.In this category, there was a total of one hundred and sixty three (163) complaints which represented 34.7% of the total number of complaints received by the Investigations Department. The above included ten (10) complaints of failure to investigate, eleven (11) of discreditable conduct, fty two (52) of other disciplinary offences under The Police Service Regulations, eighty seven (87) Neglect of Duty and three (3) of failure to perform duty. Figure 9 represents the numbers for the different complaints in this category for 2012-2013.

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46 | Police Complaints AuthorityCATEGORY 6This category treats with the following complaints: perverting the course of justice, intention to defraud/fraud, corrupt practice; extortion; misbehaviour in public ofce and breach of Judges Rules.In this category, there was a total of thirty six (36) complaints which represented 7.6% of the total number of complaints received by the Investigations Department. Misbehaviour in public ofce was the highest number in this category with sixteen (16) complaints followed by perverting the course of justice-thirteen (13) complaints, intention to defraud/ fraud-three (3) complaints, extortion-two (2) complaints and both corrupt practice and breach of Judges’ rules one (1) complaint each. Figure 10 below represents the numbers for the different complaints in this category for 2012-2013.Table 4 represents the total number of complaints falling under the six (6) categories. Table 4: Total number of complaints under the six (6) categories for the period 2012-2013Figure 10: Category 6 Complaints for the period 2012-2013

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48 | Police Complaints AuthorityLocation Of ComplaintsBy DivisionsThe data presented is not reective of any specic factors that may contribute to the complaint rate, including the crime rate, division size, population density or number of ofcers assigned to the division. Table 5 shows the number of complaints per Police Divisions for the period 2012-2013 and the corresponding percentages.For the period 2012-2013, the Northern Division accounted for the highest number of complaints eighty three (83), representing 18% of the overall number of complaints received by the Investigations Department. The South Western Division accounted for the least number of complaints received for investigation - twenty two (22) complaints, which represented 5%. Figure 12 shows the number of complaints per Police Divisions for 2012-2013.Table 5: Number of complaints and percentages per Police Divisions for the period 2012-2013.Figure 12: Total number of complaints per Police Divisions for the period 2012-2013 020406080100South WesternNorth EasternTobagoWesternSouthernPort f SpainCentralEasternNortherno

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50 | Police Complaints AuthorityFigure 14 below shows the specialists units located in the Port of Spain Division and the number of complaints for 2012-2013.CHARACTERISTICS OF ALLEGED VICTIMSAGE In terms of the age of complainants, 91% of the total number of complaints were identied by age. The outstanding 9% of the complaints where age could not be determined resulted from complaints made to the PCA through emails, letters or instances where the PCA initiated an investigation.The largest group of complainants were in the 26-30 years age group. Within this group, there were eighty nine (89) complaints, which represented 19% of the total complaints. The age group 56-60 accounted for the lowest number of complaints, twenty three (23) which represented 5% of the total complaints. The majority of complaints were made by individuals between the ages 18-40 yrs, accounting for 56% of the total number of complaints. Table 7 shows the range of ages, the corresponding number of complaints, percentages and cumulative percentages for 2012-2013.Figure 14: Specialist Units located in the Port of Spain Division and their respective number of complaints for 2012- 2013.Table 7: Range of ages, the corresponding number of complaints, percentages and cumulative percentages 2012- 2013

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Police Complaints Authority | 51Figure 15: The age ranges and corresponding number of complaints for the period 2012-2013 Table 8 Gender, number and percentages of Complainants for the period 2012- 2013 Figure 15 shows a graphical representation of the age ranges and corresponding number of complaints for 2012-2013.GENDERAnalysis of complaints by gender illustrated that during the period under review, there were more men than women making complaints. A total of two hundred eighty (280) complaints were made by male complainants while female complainants totalled one hundred eighty ve (185). Complaints made by more than one person of different genders amounted to ve (5). A percentile breakdown of complaints received showed that 60% were males, 39% were females and 1% involves both genders making the complaint e.g. (husband and a wife, mother and son, father and daughter etc.).Table 8: Shows the number and percentage of complaints as per gender for 2012-2013.

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Police Complaints Authority | 53Figure 17 Status of Complaints for the period 2012- 2013Status Of Complaints STATUS OF COMPLAINTS 2012-2013In the period 2012-2013, the Investigations department received 470 complaints. However, according to section 37 of the Police Complaints Authority Act, “where the subject matter of a complaint or an investigation is the subject matter of judicial proceedings, the Authority shall not commence or continue an investigation pending the nal outcome of those proceedings.” During enquiries, it was discovered that several matters were before the Courts of which, eighty nine (89) complaints tted that description. The Investigations Department completed investigations into forty-eight (48) complaints and Three hundred and thirty-three (333) complaints are being actively investigated. Figure 17 illustrates the status of the 470 complaints received for the period 2012-2013.050100150200250300350ActiveInvestigationsComplaintsCompletedBefore theCourtSTATUS OF COMPLAINTS 2010-2013The Police Complaints Authority (PCA) was duly constituted on December 29th 2010. As stated previously, four hundred and seventy (470) complaints were received by the Investigations Department during the period under review. However, from December 29th 2010 to September 30th 2013 a total of one thousand and sixty-ve (1,065) matters were received by the Investigations Department. This gure included complaints made to the PCA, matters initiated by the PCA pursuant to its statutory powers and matters before the courts.

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54 | Police Complaints AuthorityThe matters investigated by the PCA provide information which is represented hereunder in Tables 18 - 21.Table 18 shows the status and number of complaints dealt with by the PCA from December 29, 2010 – September 30, 2013Table 18: Status and number of complaints dealt with by the PCA from December 29, 2010 – September 30, 2013 Table 19: Breakdown of complaints initiated by the PCA for the periods 2010 – 2011; 2011 – 2012 and 2012 - 20131This gure represents the total number of matters before the Courts from December 29th 2010 to September 30th 2013. 2This gure represents the total number of (active) complaints currently receiving the attention of the Investigations Department. The total gure is made up of Ninety-nine (99) complaints from December 29, 2010 – September 30, 2011, One hundred and ve (105) complaints from October 1, 2011 – September 30, 2012 and Three hundred and thirty three (333) complaints from October 1, 2012 – September 30, 2013.In accordance with section 26 of the Police Complaints Authority Act, the PCA has the power to conduct an investigation on its own initiative. Table 19 illustrates the breakdown of complaints initiated by the PCA for the periods 2010 – 2011; 2011 – 2012 and 2012 - 2013.

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Police Complaints Authority | 55Table 20: Status and number of Complaints addressed by the PCA for the period Oct 1, 2012 – Sep 30, 2013 Table 21: Breakdown of completed investigations during the period October 1, 2012 – September 30, 2013.Table 21 shows the breakdown of completed investigations during the period October 1, 2012 – September 30, 2013. *Footnote 3 supra applies Table 20 shows the status and number of Complaints addressed by the PCA for the period Oct 1, 2012 – Sep 30, 2013.3This gure represents the total number of investigations completed within the period under review. This total gure of One hundred and Sixty (160) complaints is made up of One hundred and twelve (112) complaints received in previous reporting periods but investigations therein were completed during the period under review and Forty eight (48) complaints which were received and investigated within the period under review. 4 The total gure of Four hundred and ninety-three (493) complaints is made up of the four hundred and seventy (470) complaints received during the period under review and Twenty-three (23) complaints from previous reporting periods.

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Police Complaints Authority | 57RecommendationsOverviewOne of the many functions of the Police Complaints Authority under Section 21(1) of the Police Complaints Authority Act is to advise the Trinidad and Tobago Police Service (hereinafter referred to as “the TTPS”) and other public authorities “on ways in which police corruption and serious police misconduct may be eliminated”. Since being duly constituted on December 29, 2010, the Police Complaints Authority (PCA) has made several recommendations to the TTPS of which some have been implemented. The PCA however continues to urge the TTPS to address those recommendations which, to date, have not been implemented. From our activities of the nancial year under review, the Authority nds it prudent to reiterate recommendations previously made and to make further recommendations. Recommendations1. One hundred and sixty seven (167) of the matters brought to the Authority’s attention during the period under review concern allegations of assault(s). In distilling the information from those complaints made to the Authority it was noted that the alleged acts of assault reportedly occurred at the front desk, in the charge room or in the holding cells. In order to offer greater transparency and to protect both the citizens and ofcers who interact with each other, it is again recommended that Closed Circuit Television (CCTV) cameras should be installed in all police stations especially in all areas where ofcers come into contact with civilians. This recommendation featured in the Authority’s Second Annual Report for the period October 1, 2011 to September 30, 2012. Notwithstanding, to date the TTPS has not yet remedied the issue relating to the absence of cameras in certain stations. Further, the Authority wishes to add that the CCTV video recordings of the activities which transpire within a station should also be digitally stored on a remote server. Offsite storage would limit the potential for evidence to be destroyed.2. In the PCA’s Second Annual Report pertaining to the period October 1, 2011 to September 30, 2012, the PCA recommended the adoption of a draft protocol to facilitate the process to be followed when PCA investigators require access to documents kept in police stations. The former Commissioner of Police (Dr. Dwayne Gibbs) reviewed and accepted the PCA’s draft Protocol for investigations and advised that it “will be published via Departmental Order”. To date, the Departmental Order has not been published. 3. Neglect of duty is a disciplinary offence under Regulation 150 (d) of the Police Service Regulations. Where such neglect is so serious as to bring the TTPS into disrepute it triggers the “serious police misconduct” facet of the PCA’s remit. A common source of complaint is the alleged refusal by ofcers to receive the reports of civilians. Without pronouncing on the merits of individual allegations, it is recommended that signage be prominently displayed in stations reiterating the need for ofcers to issue receipt reports to civilians in compliance with the Trinidad and Tobago Police Service Departmental Order No. 179 which amended Standing Orders Nos. 17 and 38 of the Standing Orders of the Trinidad and Tobago Police Service. This would operate as proof that the civilian was not turned away and also reinforce in the minds of ofcers, the obligation to issue receipts of reports. In this vein, all stations should be equipped with sufcient receipt books for ofcers to comply with the foregoing.4. An offshoot of recommendation 3 listed above is a recognition of the need to employ more stringent measures to ensure that ofcers do proper

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58 | Police Complaints Authorityrecording of entries into the Station Diary as required under Standing Order Nos. 17(6) and 17(7) (d) (i) of the Standing Orders of the Trinidad and Tobago Police Service. Though Standing Order 13 No. 3 of the Standing Orders of the Trinidad and Tobago Police Service covers “visits” to examine registers by ofcers of a certain rank, in order to ensure that records are not doctored or updated in anticipation of such “visits”, it is recommended that there be periodic unscheduled examination of the records to ensure compliance with the said Standing Orders. 5. By virtue of the fact that police ofcers have the primary duty of law enforcement, they should be provided with a legal awareness training kit containing legal literacy material pertinent to the duties of all ofcers. Such educational tools will ensure that all police ofcers are aware of the law, the implications of failure to treat with persons in compliance with the law, the ingredients of various criminal offences and other relevant matters. More importantly, it is recommended that the TTPS embark on a process of continuous education and training so that ofcers understand the applicability of the law especially the use of force policy.6. The establishment of documented protocols for police ofcers to ensure preservation of scenes particularly in relation to matters involving police shootings (fatal and non-fatal) is recommended. In this connection, ofcers involved in the fatal shooting of a civilian should not be allowed to remain on the scene when crime scene investigators are performing their duties of collecting evidence.7. Pursuant to Standing Order 10 No. 63 of the Standing Orders of the Trinidad and Tobago Police Service, the Second Division Ofcer in charge of Process Ofces and Stations has the responsibility for maintaining records in relation to warrants. Although provision is made for the recording of the particulars of warrants, there is no stipulation that copies of warrants must be retained. Copies of warrants will be useful in validating the records kept and eliminating opportunities for manipulation of records.

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Police Complaints Authority | 59Proposed Amendmentsto the PCA ActIntroductionThe Police Complaints Authority (PCA) is a duly constituted independent corporate body established under the Police Complaints Authority Act, Chapter 15:05, No. 8 of 2006 (hereinafter referred to as “the PCA Act”), the long title of which states: “An Act to establish an independent body to investigate criminal offences involving police ofcers, police corruption and serious police misconduct and for other related matters”.Thus, the clear mandate of the PCA is to perform primarily an investigative function in relation to matters captured within the parameters of its statutory remit.The PCA Act was founded on the premise that any investigation of criminal offences involving police ofcers, or monitoring and auditing of police activities should be conducted by a wholly independent, transparent body separate and apart from the Trinidad and Tobago Police Service (TTPS). The passage of the PCA Act was intended to be a legislative stride away from the untenable situation which existed under the repealed Police Complaints Authority Act, No. 17 of 1993 whereby police ofcers were investigating their fellow ofcers of the TTPS. The PCA was duly constituted on December 29th 2010 with the appointment of the Authority’s rst Director and Deputy Director. However, after almost three (3) years in operation the Authority continues to submit that the legislative failure to clothe the civilian investigators of the PCA with the coercive powers, privileges, immunities and authorities of the police adversely affects the performance of its investigative functions under the PCA Act. It is clear that an amended framework is essential given the demands of the investigative process and the limitations of the coercive powers of the Authority.The powers, authorities, privileges and immunities of the Police (Coercive powers)The statutory foundation of the coercive powers of the police found in Section 43 of the Police Service Act, Chapter 15:01, No. 7 of 2006 stipulates that: “Every police ofcer shall have all such rights, powers, authorities, privileges and immunities, and is liable to all such duties and responsibilities, as any constable duly appointed now has or is subject or liable to, or may have or be subject or liable to under any written or unwritten law”The coercive powers, authorities, privileges and immunities of police ofcers extend, but are not necessarily limited to, the power to:• Stop and search;• Seize articles;• Remove articles from premises; and• Arrest without warrant any person where there is reasonable cause or suspicion that such person is guilty of a summary or indictable offence.Justication for the grant of the coercive powers to the investigators of the PCACoercive powers are integral to thorough investigationsIn cases where civilians are fatally shot by police ofcers, the inability of the PCA’s ofcers to legally seize articles essentially restricts the role the PCA plays in such matters. The Authority is relegated to monitoring and auditing the investigation of the TTPS as opposed to embarking on a robust investigation independent of the TTPS.

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60 | Police Complaints AuthorityWhere the discharge of a police ofcer’s rearm has resulted in the death of a civilian, it is reasonable to assert that the conduct of an investigation independent of the TTPS is necessary. Any investigation of a discharge of a rearm would require the legal handling of the weapon and ammunition for transmission to the relevant authorities for testing. In this connection, a consideration of Section 6(2) of the Firearms Act Chapter 16:01 (“the Firearms Act”) is in order. The said section provides that, notwithstanding any law to the contrary, “a person may not have in his possession any prohibited weapon unless he is, and is acting in the capacity of—(a) a police ofcer;(b) a member of the Defence Force;(c) Director, Trinidad and Tobago Forensic Science Centre;(d) any scientic ofcer designated by the Director, Trinidad and Tobago Forensic Science Centre;(e) a Customs ofcer; or(f) a prison ofcer” It should be noted that a prohibited weapon is dened, amongst other things, as “any artillery or automatic rearm”It is clear that the Director, Deputy Director or authorized investigators of the PCA are not included in the category of persons who qualify for exemptions under this section. Without the legislative capacity to seize drugs, collect bullets and generally handle articles with which an investigator may come into contact during the course of investigations, the PCA’s investigators may be liable to prosecution the moment they remove a rearm for testing or retrieve or receive any article or item for which the requisite immunity or privilege is not enjoyed.An amendment of the Firearms Act is necessary to include in the listing of persons permitted to have in their possession a rearm the Director and Deputy Director of the PCA and any person (not being a police ofcer) appointed by the Authority to conduct an investigation. An examination of the role played by the PCA in cases of police corruption also demonstrates the practical effect that the absence of powers, immunities, authorities and privileges of the police has on the ability to investigate. Whereas the PCA Act provides for the Authority’s ability to access documents from nancial institutions, we live in a techno-centric era and many transactions are done electronically and/ or through the use of phones and other telecommunication devices. Section 6 (1) of the Interception of Communications Act, Chapter 15:08 (“the Act”) provides that a person who intentionally intercepts a communication in the course of its transmission by means of a telecommunications network commits an offence and is liable on summary conviction to a ne of ve hundred thousand dollars and to imprisonment for seven years. However, an “authorised ofcer” shall not be liable for any act done by him in good faith pursuant to the Act and, the term “authorised ofcer” is dened at Section 5(1) of the Act to mean the Chief of Defence Staff, the Commissioner of Police or the Director of the Strategic Services Agency. Due to the nature of certain matters falling under the PCA’s remit including, but not limited to allegations of phone harassment by police ofcers as well as matters of police corruption, the PCA’s need for quick access to materials, information or records covered under this piece of legislation is adversely affected by the fact that an “authorised ofcer” does not include the Authority’s Director, Deputy Director or any ofcer(s) duly authorised by the Authority.Like civilian oversight bodies are vested with coercive powers of the policeThe PCA performs a myriad of functions: investigative or the monitoring and auditing of an investigation by the police and the organization should be provided with investigative “tools” similar to those bestowed on bodies responsible for performing similar functions in other Commonwealth jurisdictions including the United Kingdom and the Caribbean jurisdictions of Jamaica and Barbados.United KingdomThe Independent Police Complaints Commission (IPCC) of the United KingdomThe IPCC was created by the Police Reform Act 2002 of the United Kingdom as an independent body to investigate complaints against the police. The IPCC rst makes a determination of the role it intends to

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Police Complaints Authority | 61play in treating with a complaint, based on the nature and gravity of the matter to be investigated and, an investigation by the IPCC may take any of the following forms:- (a) an investigation by the appropriate authority on its own behalf;(b) an investigation by that authority under the supervision of the Commission;(c) an investigation by that authority under the management of the Commission; or(d) an investigation by the Commission.The IPCC has the ability to undertake investigations of complaints made directly to it or forward a complaint for investigation by police which it, in turn, monitors. The IPCC is also empowered to take over an investigation which was initially being conducted by the police.What is important to note is that the degree of involvement and type of involvement may be varied by the IPCC in relation to matters which fall within its remit. This approach parallels the functions outlined in Section 21(1) of the PCA Act which states:“21. (1) The functions of the Authority are to—(a) investigate criminal offences involving police ofcers, police corruption and serious police misconduct;(b) undertake inquiries into, or audits of, any aspect of police activities for the purpose of ascertaining whether there is police corruption or serious police misconduct or circumstances that may be conducive to both;(c) monitor an investigation conducted by any person or authority in relation to any matter mentioned in paragraph (a) and to undertake audits of those investigations;(d) advise the Police Service and other public authorities on ways in which police corruption and serious police misconduct may be eliminated;(e) gather evidence that may be admissible in the prosecution of a person who is not a police ofcer for a criminal offence in relation to the Police Service and to furnish that evidence to the Director of Public Prosecutions, or where an authority outside the State is concerned, the Attorney General;(f) gather evidence that may be used in the investigation of serious police misconduct and furnish such evidence to the Commissioner or the Commission for appropriate action;(g) gather evidence that can be used in the prosecution of a police ofcer involved in a criminal offence and furnish such evidence to the Director of Public Prosecutions; or(h) perform any other functions that may be conferred on it by any other written law”Thus, the Authority determines whether to conduct inquiries or audits of police activities, monitor an investigation of another body or investigate a complaint itself. There is a parallel between the UK and Trinidad and Tobago in terms of the existence in both jurisdictions of a discretionary approach of election of the function or role which the entity nds appropriate to take. Additionally, and perhaps more importantly, the UK legislation stipulates that where designated staff members are not already possessed of the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters, they shall, “for the purposes of the carrying out of the investigation and all purposes connected with it, have all those powers and privileges throughout England and Wales and those waters.” 2Thus, by section 19 (4), Part III, Schedule 3 of the Police Reform Act 2002 Chapter 30, UK, the vesting of the powers and privileges of a constable is expressly provided, for investigative purposes. 2 Section 19(4) (b), Part III, Schedule 3 of the Police Reform Act 2002 Chapter 30, United Kingdom

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62 | Police Complaints AuthorityIn Trinidad and Tobago however, commensurate powers are not granted despite the fact that the functions are strikingly similar. The PCA has the functions but not the corresponding power to execute same and legislative amendment is very necessary. Consequently, with the Authority and its investigators not clothed with the powers, privileges, immunities and authorities of the police, the independent conduct of a full investigation into certain types of allegations cannot be undertaken. Accordingly, for the PCA to full its mandate as stated in sections 21 (1) (a) (e) (f) and (g) of the Act supra, it is imperative that the Authority and the PCA’s investigators be given the powers of a police ofcer. JamaicaThe Independent Commission of Investigations (INDECOM) of JamaicaThe Independent Commission of Investigations was established by the Independent Commission of Investigations Act 2010 (hereinafter referred to as the “INDECOM Act”).By virtue of section 4 of the INDECOM Act, INDECOM has the power to conduct investigations, carry out inspection of any relevant bodies or Forces inclusive of records, weapons and buildings and conduct periodic reviews of the disciplinary procedures applicable to the Security Forces and the specied ofcials. Further, INDECOM is empowered to:• have access to all reports, documents or other information regarding all incidents and all other evidence relating thereto, including any weapons, photographs and forensic data;• require the Security forces and specied ofcials to furnish information relating to any matter specied in the request;• make recommendations as it considers necessary or desirable for the review and reform of any relevant laws, protecting complainants against reprisal, discrimination and intimidation and ensuring that the system of making complaints is accessible to persons; and• take charge of and preserve the scene of any incident.INDECOM, like the PCA, is also empowered to undertake an investigation of its own initiative.The powers granted to INDECOM, which conrm its independence and allows it to detain and charge a defaulting ofcer and also handle evidence are contained in section 20 of the INDECOM Act which states:-“For the purpose of giving effect to sections 4, 13 and 14, the Commissioner and the investigative staff of the Commission shall, in the exercise of their duty under this Act have the like powers, authorities and privileges as are given by law to a constable.”The INDECOM operates as a truly independent entity with their own in-house ability to execute certain duties which the PCA cannot perform due to the absence of the legislative underpinning to do so. These include cordoning off scenes, scene preservation, identication, recording, collection and packaging of evidential items retrieved in the exercise of their investigative functions and maintaining a crucial role in maintaining the chain of custody for exhibits. The point is highlighted when one considers that in respect of allegations of fatal police shootings, the PCA is limited to exercising its monitoring and auditing functions as opposed to the active investigative role that INDECOM is able to take in respect of such matters because of its legislative capacity.When one compares the PCA in Trinidad and Tobago with Jamaica’s INDECOM, the framework for operations in both entities bears similarities but, the point of divergence, lies in the fact that the PCA, unlike INDECOM, operates without the powers, authorities, privileges and immunities of the Police. BarbadosThe Police Complaints Authority of BarbadosIn Barbados, the Police Complaints Authority (PCA) is governed by the Police Complaints Authority Act, Chapter 167 A (“the Act”).The functions of the Barbados PCA under the Act are to:(a) Monitor the investigation by the Police Force of any complaint with a view to ensuring that the investigation is conducted impartially;(b) Supervise the investigation of complaints alleging that the conduct of a police ofcer resulted in the

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Police Complaints Authority | 63death of or serious injury to some other person;(c) Supervise the investigation of any other matter whether or not the subject of a complaint referred to the Authority by the Commissioner, which in the opinion of the Commissioner should be supervised because of its gravity or its exceptional circumstances;(d) Undertake the direct investigations of complaints where it thinks necessary; and(e) To review at the request of aggrieved persons, the disposition of the complaints by the Complaints Division of the Police Service.In Barbados, the PCA is also clothed with the powers and privileges of a police ofcer as Section 8(2) of the Act states:“The Authority, the investigative staff of the Authority and any other person authorised by the Authority shall, in the exercise of their duties under section 5(1)(c) have the same powers and privileges as are given by law to a police ofcer.”Therefore, the Barbados PCA can determine what role it adopts in relation to a complaint and may investigate a complaint, supervise the investigation of a complaint or review the disposition of a complaint by their Police Service. This is not unlike the options available to the Authority in Trinidad and Tobago. It is instructive however to note that the powers and privileges of the police were in fact contemplated and expressly provided for in the case of the Barbados PCA.Coercive powers are extended locally to non-police ofcers with enforcement functionsThe Immigration Act of Trinidad and Tobago Chapter 18:01(s.12 (2)), The Customs Act of Trinidad and Tobago Chapter 78:01(s.3) and the Motor Vehicles and Road Trafc Act of Trinidad and Tobago Chapter 48:50(s.5 (1) give the coercive powers of the police to civilian ofcers responsible for the enforcement of breaches of the aforementioned Acts. The investigators of the PCA should be similarly clothed with the powers, privileges, immunities and authorities of the police in order to effectively execute their investigative functions under the Act.Witness Protection and the Justice Protection ActThe gravity of matters that are within the investigative remit of the PCA have the ability to make complainants targets for reprisal and intimidation. It is therefore necessary that protection is available for the person making the complaint or providing supplementary information to the complaint. The PCA needs to be designated as a legislatively recognized entity under the Justice Protection Act.ConclusionAny Bill which seeks to amend the PCA Act ought to function as legislation designed to achieve multi-faceted and overlapping goals, namely:• To ensure the effective and efcient fullment of the mandate;• To revise and strengthen aspects of its operational framework;• To close legislative lacunae so as to promote clarity; and• To remove the impediments experienced by the PCA in the exercise of its functions.While Part IV of the current Act deals with the conduct of investigations by the PCA, it fails miserably in supplying the investigators- the ‘engine room’ of the entity- with the requisite tools to conduct comprehensive investigations and to gather evidence and/ or collect exhibits that are critical in concluding certain complaints.To effectively service its statutory territory, the PCA should be properly equipped with the coercive powers, privileges, immunities and authorities of the police in keeping with what has been done in other jurisdictions and also in the case of civilian ofcers with enforcement functions under various pieces of local legislation.

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2. The Criminal Injuries Compensation Act isamended in section 3, by deleting the definition of“Minister” and substituting the following definition:“ “Minister” means the Minister to whomresponsibility for the Criminal InjuriesCompensation Board is assigned and“Ministry” has the corresponding meaning;”.3. The Justice Protection Act is amended in section 3,by deleting the definition of “Minister” and substitutingthe following definition:“ “Minister” means the Minister to whomresponsibility for the Justice ProtectionProgramme is assigned;”.4. The Deoxyribonucleic Acid (DNA) Act is amendedin section 4, by deleting the definition of “Minister” andsubstituting the following definition:“ “Minister” means the Minister to whomresponsibility for DNA services under thisAct is assigned;”.5. The Community Service Orders Act is amended insection 2, by deleting the definition of “Minister” andsubstituting the following definition:“ “Minister” means the Minister to whomresponsibility for administering communityservice under this Act is assigned;”.6. The Police Complaints Authority Act is amended insection 4, by deleting the definition of “Minister” andsubstituting the following definition:“ “Minister” means the Minister to whomresponsibility for the Police ComplaintsAuthority is assigned;”.Chap. 5:31 amended2 No. 12 Miscellaneous Provisions (Ministry of Justice) 2011Chap. 5:33 amendedChap. 5:34 amendedChap. 13:06 amendedChap. 15:05 amended92 | Police Complaints Authority