PCA Annual Report 2015 / 2016 : simplebooklet.com

The Police Complaints Authority’s SIXTH Annual Report | 3ContentsLetter to the Minister 1Director’s Remarks 5Our Purpose and Our Operations 8Financial Report 11Organizational Chart 12The Human Resources Department 13The Information Technology Department 15The Administrative Department 16The Communications Department 17The Complaints Process 21The Legal Counsel, Compliance and Complaints Unit 23Status of Complaints 30The Investigations Department 31Oversight of Law Enforcement Conference 2016 61Recommendations 67Proposed amendments to the Police Complaints Authority 75 Act (PCA Act) and necessary consequential amendments to other pieces of legislation Feedback to the Police Complaints Authority Act Amendments 80Appendix – Audited Financial Statement 2014 86The Police Complaints Authority Act No. 8 of 2006 93The Miscellaneous Provisions (Ministry of Justice) Act, 2011 106The Police Complaints Authority’s Complaint Form 108

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The Police Complaints Authority’s SIXTH Annual Report | 5Director’s RemarksI have the honour of presenting the Sixth Annual Report of the Police Complaints Authority (PCA) for the period October 1, 2015 to September 30, 2016. This has been a signicant year of both challenges and great strides for the PCA. According to the PCA Act, the Authority is duly constituted upon the appointment of a Director and Deputy Director. December 27, 2015 marked the culmination of the term of ofce of Deputy Director Master Ralph Doyle. As a result of his departure, the Authority was no longer duly constituted according to the PCA Act and was constrained by law from the performance of certain operations and activities during the period of absence of a Deputy Director. Following the departure of Deputy Director Master Ralph Doyle, on March 24, 2016, Senior Magistrate, Andrew Stroude received his instrument of appointment from the President of the Republic of Trinidad and Tobago as the new Deputy Director of the PCA, thereby rendering the Authority duly constituted and able to continue to full its mandate. Despite its continued challenges in the areas of nance, human resources and legislative limitations, the PCA continues to increase its closure rate for completed matters. For the period under review, three hundred and thirty-four (334) investigations Director, Police Complaints Authority

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6 | The Police Complaints Authority’s SIXTH Annual Report were completed. Of these, seven (7) matters were sent to the Director of Public Prosecutions with recommendations for consideration of the institution of criminal charges, twenty-eight (28) were sent to the Ofce of the Commissioner of Police with recommendations for consideration of disciplinary action or to complete other appropriate actions and two hundred and ninety-nine (299) were closed with no further action.These results are in no small part due to the dedication and drive that exists within the PCA and among its members of staff.While I look forward to continuing our growth and efciency rate into 2017, I also take pride in highlighting the following accomplishments of the PCA during the period under review:-• The PCA hosted its rst conference on Oversight of Law Enforcement entitled “Challenges and Benets of Oversight Bodies and Civilian Oversight Institutions” on March 16th and 17th, 2016, at the Hyatt Regency Trinidad, the rst of its kind to be held in the region. This conference sought to address the development of a structured way forward in dealing with independent, uncompromising civilian oversight which can result in tangible benets by transforming law enforcement and protecting public interests. The conference culminated with the crafting of an Agreement for the formation of a “Caribbean Association for Oversight of Law Enforcement” – CAFOLE. It is anticipated that by executing this Agreement, the Association, will inter alia, assist other Civilian Law Enforcement Bodies with promoting the development of independent oversight of law enforcement bodies, improving quality oversight within the Caribbean Region and promote the sharing of ideas and issues faced by oversight law enforcement bodies. It is hoped, that this will bring oversight bodies in line with one another, so that we can, as a Region, move forward together in the fullment of our respective remits. Although the respective bodies have not yet settled the CAFOLE, it is undoubtedly a giant leap in oversight.• The PCA has continued tirelessly with its drive to amend the parent Act of the PCA. These proposed amendments are necessary to enable the PCA to carry out its mandate more effectively and completely. In an effort to garner support from the public regarding the proposed amendments to the PCA Act, the Authority held two (2) Consultations at the City Hall, Port of Spain and San Fernando, respectively. These sessions were well attended with the public giving their full support to the proposed amendments. It is hoped that when the proposed amendments are before Parliament for debate, a healthy and fruitful discussion would ensue.• On July 7th 2016, the PCA collaborated with the Trinidad and Tobago Police Service (TTPS) to have an outreach session with police trainees at the St. James Police Training

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The Police Complaints Authority’s SIXTH Annual Report | 7Academy. During the session, the importance of the trainees being educated on the proper procedures and regulations of the TTPS and strict adherence to these policies and procedures was emphasized. The session also sought to address the range of questions and concerns the trainees had related to potential scenarios that they may encounter in the line of duty and how best to handle them to avoid committing any breaches of protocols or abuse of powers. • I am pleased to announce that the PCA Tobago ofce was relocated to Caribana Building, Bacolet Street, Scarborough on February 1st, 2016. The new ofce location is better suited and more accessible to serving the citizens of Tobago. I wish to reiterate that the Authority is fully committed to offering our services in Tobago.The Authority looks forward to continuing the work of delivering its mandate. The citizens of Trinidad and Tobago and members of the TTPS can be assured that the PCA holds its mandate as paramount and will full its Mission “To pursue justice through independent civilian oversight of serious police misconduct and criminality”.David WestDirector, Police Complaints Authority

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8 | The Police Complaints Authority’s SIXTH Annual Report The Police Complaints Authority Act 2006 (“the Act”), proclaimed on January 1, 2007, repealed 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. DeparturesSection 9 (1) of the Act provides for the appointment of a person as the Director or Deputy Director shall, subject to this Act, be for a period not less than three years, but not exceeding ve years.On December 28, 2015, the Authority’s rst Deputy Director Master Ralph Doyle’s ve (5) year term ended. 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.During the period under review, the Authority’s second Deputy Director, (Mr. Andrew Stroude) was appointed by His Excellency Anthony Thomas Aquinas Carmona, O.R.T.T., S.C. on March 24, 2016. Our Purpose And Our OperationsMr. Andrew StroudeDeputy Director Master Ralph Doyle

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The Police Complaints Authority’s SIXTH Annual Report | 9FunctionsThe 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;(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.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 power.PowersFor the purpose of the performance of its functions, Section 22 (1) of the Act vests the Authority with the powers of a Commission of Enquiry as provided for under the Commissions of Enquiry Act. By Section 24 of the Act the powers and functions of the Authority are exercisable by:(a) the Director or Deputy Director personally;(b) any person not being a police ofcer appointed by the Authority to conduct an investigation; or(c) any other person acting under and in accordance with the general or special instructions of either the Director or Deputy Director.The Act also provides for the Authority to conduct investigations on its own initiative or on the basis of complaints from the public, a police ofcer, a public body or authority or an appropriate unit or disciplinary tribunal of the Police Service.

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10 | The Police Complaints Authority’s SIXTH Annual Report Annual ReportSection 20 (1) of the Act imposes a statutory obligation on the Authority to submit to the Minister 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. 54 No. 97 published on Wednesday September 23, 2015, provides that the Minister to whom responsibility for the Police Complaints Authority is assigned is the Attorney General.This Report features the activities of the Authority for the period October 1, 2015 to September 30, 2016.Audited AccountsFinancial Statements 2015 and 2016Section 18(2) of the Police Complaints Authority Act requires that the accounts of the Authority be audited annually by the Auditor General or by an auditor authorised by him for such purpose.Reference is made in the PCA’s Annual Report for the period 2014 – 2015 of the forwarding of the Financial Statements of the Authority for the nancial year ended 30 September 2015 to the Auditor General for audit in compliance with the Act.The Financial Statements for the nancial year ended 30 September 2016 were completed and are to be audited. A Financial Report on the income and expenditure of the PCA for the period October 01, 2015 to September 30, 2016 is to be found on page 11 of this Annual Report.Audited Financial Statements 2014In the PCA’s Annual Report for the period 2013 – 2014 which were laid in Parliament, reference is made to the forwarding to the Auditor General of the Financial Statements of the PCA for auditing in accordance with the PCA Act. The said statements have been audited and, during the period under review, were laid in Parliament as follows:-• The House of Representatives on May 20, 2016; and• The Senate on May 24, 2016.These audited nancial statements can be found in Appendix “A” of this Report.

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The Police Complaints Authority’s SIXTH Annual Report | 11Financial Report For The Period October 1, 2015 To September 30, 2016The Police Complaints Authority was allocated funding in the amount of Seventeen Million dollars ($17,000,000.00) to facilitate capital and recurrent expenditure for the nancial year 2015/2016. The Authority was also allocated an amount of One Million, Four Hundred and Forty-Six Thousand dollars ($1,446,000.00) to meet the payment of direct charges on the Consolidated Fund.The total allocation of Eighteen Million, Four Hundred and Forty-Six Thousand dollars ($18,446,000.00) was released to the Authority during the nancial year 2015/2016. The sum of One Million, Three Hundred and Sixty-Two Thousand, and Eighty One Dollars ($1,362,081.00) was expended in respect of direct charges and the sum of Sixteen Million, Six Hundred and Fifty One Thousand, Five Hundred and Eighteen dollars ($16,651,518.00) was expended under Sub-Item 01. The Table below shows the actual unaudited Receipts and Expenditure of the Authority during the year under review.Head /Sub-HeadItem/Sub-ItemAPPROVEDALLOCATIONTOTALRELEASESTOTALEXPENDITURE23: Ministry of Legal Affairs04: Current Transfers and Subsidies009: Other Transfers01: Police Complaints $17,000,000.00 $17,000,000.00 $16,651,518.00 Authority04: Police Complaints Authority $1,446,000.00 $1,446,000.00 $1,362,081.00 -Direct Charges TOTAL $18,446,000.00 $18,446,000.00 $18,013,599.00

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The Police Complaints Authority’s SIXTH Annual Report | 13IntroductionThe Human Resources (HR) Department is a central support system to the Authority and its staff. The HR Department provides a full range of services in the areas of recruitment and selection, employee benets, compensation, employee relations, talent management, training and development, leave administration and human resource policy. As the PCA continues to pursue its strategic initiatives, the HR Department will play a key role in ensuring that the Authority has a high-performing and engaged workforce equipped to deliver results for its stakeholders.Recruitment And SelectionThe HR Department coordinated the recruitment of three (3) new employees to improve stafng in decient areas throughout the organization. The positions lled included Investigations Ofcers and Ofce Attendant/Driver.In keeping with the Authority’s culture of internal career advancement, ve (5) employees were promoted within the core departments of Investigations, Legal Counsel, Compliance and Complaints and the Executive Secretariat during the period under review.Training And Development During the period under review, the PCA continued its philosophy of continuous learning. A variety of professional development opportunities were offered to better prepare and motivate employees to assist the organization to achieve its goals.In October 2015, the Director attended the National Association for Civilian Oversight of Law Enforcement (NACOLE) Conference in Riverside, California. The theme of the conference - “Many Roads to Reform” - challenged participants to recognize the different tools available to the different participants who are all working towards the same goal. The Director participated in a wide variety of workshops and discussion panels, including sessions on de-escalation, community participation in oversight, body cameras, police shootings, implicit bias, prosecuting police misconduct and building a roadmap to community trust. In October 2015, the Information Technology Administrator attended the Caribbean Basin Security Initiative (CBSI) Learning Management System training held at the St. James Police Training Academy. The The Human Resources Department

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14 | The Police Complaints Authority’s SIXTH Annual Report CBSI is one pillar of the United States of America’s security strategy focused on citizen safety throughout the hemisphere. CBSI brings together all members of the Caribbean Community (CARICOM) and the Dominican Republic to collaborate on regional security. The goal of the project is to connect CBSI countries together using virtual collaboration technology to facilitate training. This system allows participants from each training facility to be connected by a common virtual platform to receive CBSI training. The utilization of this system is intended to decrease the costs associated with overseas training thereby increasing the number of participants and law enforcement collaboration throughout the region. In November 2015, the Director attended the Caribbean Regional Compliance Association (CRCA) Conference in Nassau, Bahamas as a guest speaker. The focus of the CRCA Conference included tackling emerging compliance threats in the region and looking at regulatory changes in a variety of Caribbean jurisdictions. The Director presented on the topic of whistleblowing and participated in discussions about whistleblowing in the regulatory framework of the Caribbean.In November 2015, all Heads and Team Leads participated in a two day in-house Supervisory Management and Leadership Workshop. The training was facilitated by a Human Resource Consultant and consisted of various theoretical and practical sessions designed to help supervisors learn and develop essential leadership skills. The exercises offered in this workshop focused on areas of interpersonal competencies, employee engagement and performance management.Other professional programmes attended by staff throughout the year included:• Creative Problem Solving and Analytical Thinking• Supervisory Management • Microsoft Outlook • Critical Thinking• Dealing with difcult people and situations• Effective Speech Writing• Mediation Skills• Records Management• Service Improvement• Leadership Skills for Middle-Level Ofcers• Accounting Procedures in Government• Social Media Forensics For Investigators• Strategic Communications

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The Police Complaints Authority’s SIXTH Annual Report | 15The Informtion Technology DepartmentIntroduction The Information Technology (IT) Department provides IT services and support to all employees at the PCA’s Trinidad and Tobago Ofces. The role of the IT Department is to support the utilization of technology in all areas of work and to ensure that modern technology is available to all staff in the execution of their duties. The IT Department has a robust network which consist of a secure and advanced IT infrastructure. During the period under review, the IT Department deployed various remote management tools to resolve IT related issues in real time. The use of these tools has reduced organizational boundaries, improved response time and increased employee productivity. During the last scal year, the IT Department carried out the following activities: • Upgraded Microsoft applications;• Upgraded the network security system;• Upgraded the Case Management Software;• Upgraded the Wireless Network; • Updated the Website;• Increased equipment and support services;• Provided technical support to Conference 2016;• Provided technical support to Community Outreach Programme; and• Provided training to employees on the operation of audio visual equipment and other IT applications.

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16 | The Police Complaints Authority’s SIXTH Annual Report Administration DepartmentIntroductionThe Administration Unit provides and oversees the administrative services required to support the operations of the Police Complaints Authority (PCA). During the period under review, the Unit accomplished the following:• Relocation of the Tobago Ofce In January 2016, the PCA’s Tobago ofce was relocated from Crown Point to Scarborough. This new location provides easier accessibility for our key stakeholders in Tobago. • Advocated the Relocation of the Trinidad Ofce The PCA has proposed amendments to the PCA Act Chapter 15:05, together with necessary consequential amendments to other pieces of legislation which may affect the functions and operations of the PCA. In light of the anticipated impact of the proposed amendments on the PCA’s operations a suitable ofce space is required to accommodate the following:• An increased staff complement• A laboratory at which independent forensic testing can be done• A secure and adequate space to accommodate the PCA’s Registry• A secure and adequate space for preserving items retrieved during investigations• A hearing room and a Registrar’s ofce• A library and storage roomIn September 2016, in light of the provisions of Section 15 (1) of the PCA Act, the PCA submitted its request for a suitable ofce space to the Property and Real Estate Services Division (PRESD) of the Ministry of Public Administration.

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The Police Complaints Authority’s SIXTH Annual Report | 17IntroductionThe role of the Communications Department is to ensure the establishment and implementation of an internal and external communications policy and strategic plan to build support and promote the PCA’s mandate in a positive, consistent and credible manner to the public and key stakeholders. The Department performs its function through communications planning, media relations, advertising, publications, press releases community outreach programmes and external corporate events.During the period under review the Communications Department played a central role in facilitating communication between the media and the Authority with the aim of improving the responsiveness and efciency of the PCA.Additionally, the Communications Department manages the PCA’s website www.pca.org.tt and monitors the PCA’s Facebook page to foster interaction between the public and the PCA. Public Consultations Regarding The Proposed AmendmentsThe Police Complaints Authority (PCA) identied issues which have not been addressed in the PCA Act Chapter 15:05, Act No.8 of 2006. In an effort to allow it to fully execute its mandate, the PCA has proposed amendments to the PCA Act, Chapter 15:05, together with necessary consequential amendments to other pieces of legislation which may affect the functions and operations of the PCA. During the period under review, in an effort to garner support for these amendments by stakeholders and members of the public, the Communications Department organized two (2) consultations in the form of public meetings which were held at: • City Hall, Port-of-Spain on June 7, 2016; and• City Hall, San Fernando on June 15, 2016.At these meetings, specially invited key stakeholders and members of the public were sensitized by the Authority on the proposed amendments outlined in pages 75-79 of this report.The Communications Department

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The Police Complaints Authority’s SIXTH Annual Report | 19Police OutreachDuring the period under review, the Director was invited to speak to police trainees at the Trinidad and Tobago Police Service (TTPS) Training Academy at St. James. At the session on July 7, 2016 the trainees were guided through the PCA Act and informed about the role, function and mandate of the PCA as a civilian oversight body.The trainees were also directed to the fact that the PCA and TTPS share the common goal of increasing public condence in the TTPS. During the period under review the PCA was also invited to deliver a presentation at the TTPS’ ‘Strategic Planning Stakeholders Meeting’. On September 27, 2016, the Director and members of the Legal Section presented the PCA’s recommendations outlined on pages 68-74 of this report and explained how the implementation of same would assist the TTPS in achieving its strategic goals.During the session the Director highlighted the importance of the trainees’ education on the proper procedures and regulations of the TTPS and advocated their adherence to same. Following the presentation there was an extensive question and answer session which sought to address the concerns of the trainees.

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20 | The Police Complaints Authority’s SIXTH Annual Report WALK IN COMPLAINTSEMAILEDCOMPLAINTS A complaints ofcer records the report of a complainant using case management softwareLegal/Duty Counsel assesses to determine whether the Authority can exercise its functionsLegal/Duty Counsel issues correspondence to the complainant outlining whether the matter is/is not within the PCA’s remitA le is created containing copies of all original documents related to the complaint. All original material is lodged in the Registry and the le containing all copies are forwarded to the Investigations DepartmentNo further action by the PCA, all documents related to the matter are lodged in the RegistryInvestigations Team Lead classies complaint and assigns to an Investigator to execute function(s) under section 21(1) of the PCA ActCounsel:- 1. examines the le and all evidence pertaining to it, 2. creates a Memorandum and outlines a recommended course of action (pursuant to section 21(2) or section 44 and forwards same to the Authority for approvalUnsatisfactory Investigations are returned to the Investigations Unit for further action Where the Authority approves the recommended course, the le can either be closed with no further action or forwarded to the Commissioner of Police, the Police Service Commission, the Director of Public Prosecutions or the Attorney General and thereafter both the Complainant and the police ofcer(s) are immediately informed of the action taken and the reasons of the AuthorityThe LCCCU le is transferred to Counsel with responsibility for the particular matterAssigned investigator completes assignment and submits le to his/ her Team Lead for review and onward transmission to the Legal Counsel Compliance and Complaints Unit (LCCCU) through the administrative assistants Not within remitWithin remitSatisfactorySatisfactoryWhere the Authority rejects the recommended course, it will give directions to the respective department for further action or an alternative course of action is prescribedElectronic correspondence is received on info@pca.org.tt and receipt of same is acknowledged by the Legal Counsel, Compliance and Complaints UnitStep b of the “mailed in” procedure is followedSteps b, c and d of the “walk in” procedure are followedUnsatisfactoryUnsatisfactory(a)(b)(c)(i)(a)(b)(c)(c)(ii)(c)(iii)(d)(i)(d)(d)(ii)Correspondence is received by the PCA and stamped as received by the Registry or the Administrative Assistant to the Legal Counsel, Compliance and Complaints UnitUpon completing the upload, a Complaints Ofcer will forward the electronic and physical versions of the le to a Legal CounselThereafter steps b, c and d of the “walk in” procedure are followedFurther information toexisting complaintNew Report and within remitSame complaint(b)(iii)(b)(i)(a)(b)(b)(ii)The correspondence is acknowledged and treated as supplemental to an existing complaint and same is forwarded to the assigned InvestigatorWhere the correspondence has already been received in another form/fashion the duplicate is acknowledged and placed on the working leLegal Counsel conducts a search of the Authority’s records to determine whether the content of the correspondence has been previously receivedThe correspondence is acknowledged and sent to the Complaints Unit to be uploaded to the Case Management System(End of WalkIn Process)(END)(END)(END)MAILED IN COMPLAINTS Appearances Before Joint Select CommitteesOn February 24, 2016, on the invitation of the Joint Select Committee, the Director, accompanied by a delegation of staff members from the Human Resources Department, Legal Counsel. Compliance and Complaints Unit, Investigations Department and Finance and Accounts Unit, appeared at a public hearing of the Joint Select Committee on Ministries and Statutory Authorities and State Enterprises (Group 1). The purpose of the meeting was to give a status update on recommendations made by the said Committee.On July 13, 2016, on the invitation of the Joint Select Committee, both the Director and Deputy Director together with the Investigations Consultant appeared before the Joint Select Committee on National Security to provide an update in relation to the PCA’s investigation into the day of “Total Policing”.

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THE POLICE COMPLAINTS AUTHORITY’S SIXTH ANNUAL REPORT | 21WALK IN COMPLAINTSEMAILEDCOMPLAINTS A complaints ofcer records the report of a complainant using case management softwareLegal/Duty Counsel assesses to determine whether the Authority can exercise its functionsLegal/Duty Counsel issues correspondence to the complainant outlining whether the matter is/is not within the PCA’s remitA le is created containing copies of all original documents related to the complaint. All original material is lodged in the Registry and the le containing all copies are forwarded to the Investigations DepartmentNo further action by the PCA, all documents related to the matter are lodged in the RegistryInvestigations Team Lead classies complaint and assigns to an Investigator to execute function(s) under section 21(1) of the PCA ActCounsel:- 1. examines the le and all evidence pertaining to it, 2. creates a Memorandum and outlines a recommended course of action (pursuant to section 21(2) or section 44 and forwards same to the Authority for approvalUnsatisfactory Investigations are returned to the Investigations Unit for further action Where the Authority approves the recommended course, the le can either be closed with no further action or forwarded to the Commissioner of Police, the Police Service Commission, the Director of Public Prosecutions or the Attorney General and thereafter both the Complainant and the police ofcer(s) are immediately informed of the action taken and the reasons of the AuthorityThe LCCCU le is transferred to Counsel with responsibility for the particular matterAssigned investigator completes assignment and submits le to his/ her Team Lead for review and onward transmission to the Legal Counsel Compliance and Complaints Unit (LCCCU) through the administrative assistants Not within remitWithin remitSatisfactorySatisfactoryWhere the Authority rejects the recommended course, it will give directions to the respective department for further action or an alternative course of action is prescribedElectronic correspondence is received on info@pca.org.tt and receipt of same is acknowledged by the Legal Counsel, Compliance and Complaints UnitStep b of the “mailed in” procedure is followedSteps b, c and d of the “walk in” procedure are followedUnsatisfactoryUnsatisfactory(a)(b)(c)(i)(a)(b)(c)(c)(ii)(c)(iii)(d)(i)(d)(d)(ii)Correspondence is received by the PCA and stamped as received by the Registry or the Administrative Assistant to the Legal Counsel, Compliance and Complaints UnitUpon completing the upload, a Complaints Ofcer will forward the electronic and physical versions of the le to a Legal CounselThereafter steps b, c and d of the “walk in” procedure are followedFurther information toexisting complaintNew Report and within remitSame complaint(b)(iii)(b)(i)(a)(b)(b)(ii)The correspondence is acknowledged and treated as supplemental to an existing complaint and same is forwarded to the assigned InvestigatorWhere the correspondence has already been received in another form/fashion the duplicate is acknowledged and placed on the working leLegal Counsel conducts a search of the Authority’s records to determine whether the content of the correspondence has been previously receivedThe correspondence is acknowledged and sent to the Complaints Unit to be uploaded to the Case Management System(End of WalkIn Process)(END)(END)(END)MAILED IN COMPLAINTS THE POLICE COMPLAINTS AUTHORITY’S SIXTH ANNUAL REPORT | 21

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22 | THE POLICE COMPLAINTS AUTHORITY’S SIXTH ANNUAL REPORT Where counsel is of the viewthat the Authority should “initiate”an investigationWhere counsel is of the viewthat the Authority should not“initiate” an investigationThe Director/Deputy Director sanctions same by afxing a signature and the word “approved” on the MemorandumThe LCCCU generates a complaint number and forwards the physical and electronic le to the Investigations unit for actionLegal Counsel generates a Memorandum recommending/justifying the initiation of an investigation pursuant to section 26 of the PCA Act and submits same to the AuthorityPursuant to Section 26 of the Police Complaints Authority Act, Chapter 15:05, “the Authority may conduct an investigation on its own initiative…”. Such initiations may sometimes be triggered by articles of interest in newspapers or reports from a division of the Trinidad and Tobago Police Service.For the purposes of clarity, “articles of interest” include newspaper articles containing content which suggests that the matter may fall within the remit of the PCA/should be investigated by the PCA.Steps c (i) and d of the “walk in” complaint procedure are followedNewspaper articles of interest are identied and submitted to the Legal Counsel assigned responsibility for assessing the content to determine whether the matter falls within the remit of the PCA.Legal Counsel generates a Memorandum classifying the article as “general information”PCA INITIATEDPROCESSAll material is returned to the Administrative Assistant to the LCCCU for ling and storage(END)(END)22 | THE POLICE COMPLAINTS AUTHORITY’S SIXTH ANNUAL REPORT

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The Police Complaints Authority’s SIXTH Annual Report | 23THE LEGAL COUNSEL, COMPLIANCE AND COMPLAINTS UNITOverview Of The LCCCU The Legal Counsel, Compliance and Complaints Unit (LCCCU) is a dual capacity unit comprising a Complaints and Legal Section, the former consisting of three (3) Complaints Ofcers and the latter consisting of seven (7) Attorneys-at-Law.The Complaints Section receives all reports made to the PCA. During the period under review, the PCA received ve hundred and sixty-three (563) initial reports.Each report received by a Complaints Ofcer is transmitted to the Legal Section for an assessment to be made on whether the incident complained about falls within the remit of the PCA (“criminal offences involving police ofcers, police corruption and serious police misconduct”). Reports which fall within the remit of the PCA are classied as complaints and are forwarded to the Investigations Department. During the period under review, of the ve hundred and sixty-three (563) initial reports received three hundred and fty-eight (358) were assessed as complaints. Of those, thirty-eight (38) matters were the subject of judicial proceedings in accordance with Section 37 of the PCA Act.During the course of the investigator’s exercise , the investigator may need assistance from the Legal Section in the form of advice or written correspondence requesting documentation or information from external sources. To facilitate this, and to ensure that both departments work efciently in tandem, each investigative team is currently assigned a specic attorney-at- law with whom they can liaise and direct any requests which arise during the course of their exercise.During the period under review, the Legal Section drafted one thousand seven hundred and fty six (1756) pieces of correspondence at the request of the Investigations Department.At the conclusion of the Investigator’s exercise, the completed le is submitted to the Legal Section which assesses the evidence and forms an opinion on behalf of the Authority as to whether or not the subject matter of the complaint—(a) has or may have occurred;(b) is or may be occurring;(c) is or may be about to occur; or(d) is likely to occur.Thereafter, the Legal Section drafts a recommendation which is forwarded to the Authority for approval.

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24 | The Police Complaints Authority’s SIXTH Annual Report Where the evidence suggests that a criminal offence has or may have been committed, the Legal Section recommends that the Director of Public Prosecutions considers the institution of criminal proceedings against the relevant person(s).During the period under review, the Legal Section made recommendations for prosecution in respect of seven (7) completed les.Where the evidence suggests that a disciplinary offence has or may have been committed, the Legal Section recommends that the Ofce of the Commissioner of Police considers the invocation of disciplinary proceedings against the defaulting police ofcer(s).During the period under review, the Legal Section made recommendations for the invocation of disciplinary proceedings in respect of twenty-eight (28) completed les.Where the evidence does not substantiate the allegations made within the complaint or where the complainant no longer wishes that the PCA pursues the matter, a recommendation that no further action be taken by the PCA, is made.During the period under review, the Legal Section made recommendations for no further action in respect of two hundred and ninety-nine (299) completed les.In addition to the aforementioned responsibilities, the Legal Section is also responsible for drafting/ vetting of contracts, the provision of legal opinions to the Authority and support during court matters initiated by the PCA.During the period under review the Legal Section dealt with fourteen (14) contracts, rendered several pieces of advice in the form of opinions to the Authority and provided assistance to the Authority in court proceedings initiated in July of 2016.

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The Police Complaints Authority’s SIXTH Annual Report | 25Complaints Classication And Rating Guidelines The Complaints Classication and Rating Guidelines utilized by the PCA for criminal offences, police corruption and serious police misconduct by and/ or involving a police ofcer.1. Denition of a Complaint:In accordance with Section 4 of the Police Complaints Authority Act, a Complaint includes an allegation of:-• Police corruption;• Serious police misconduct;• The commission of a criminal offence by a police ofcer; or• The commission of a criminal offence by any other person but involving a police ofcer;2. Purpose:The Authority classies complaints by the level of seriousness and/or urgency in order to:-• Allocate resources more effectively;• Optimize data collection and record-keeping to provide useful information and comparable data; and• Identify signicant trends through proactive approach;3. Classication of a Complaint:The Authority classies a complaint on a scale of 1-5 with:-• The least serious complaint placed in Classication 1 and;• The most serious complaint placed in Classication 5;• Where there is more than one alleged infraction in a complaint, the most serious allegation is utilized in the overall classication of the complaint;Automatic Classication 5:A complaint can automatically be classied as 5 in two ways:-• Based on the serious nature of the complaint as dened below; or• Based on the urgent nature of the complaint as dened below, notwithstanding the level of seriousness of the complaint;

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26 | The Police Complaints Authority’s SIXTH Annual Report 3.1.1 Automatic Classication 5: Serious Nature of ComplaintA Complaint as dened below is automatically classied as 5, namely: -• Fatal Shooting;• Non-Fatal Shooting;• Road Trafc Accident involving Police Ofcers resulting in serious injury and/or death;• Death in Police Custody (including instances of hanging etc.);• Murder/ Attempted Murder;• Sexual Offences/Domestic Violence Allegation (with violence); and• Any Incident with a Fatality;3.1.2 Automatic Classication 5: Urgent Nature of Complaint• A complaint in which the Statutory Limitation Period demands urgency;• A complaint which is identied as Urgent by the Authority; and• A complaint of high national, regional or international importance;3.1.3 Denition of Police Corruption – By Section 4 of the Police Complaints Authority Act-“Police Corruption” means an act done with an intent that is illegal, dishonest or fraudulent or failing to act in order to receive an advantage or reward, whether nancial or otherwise, personally or for another person, group or organisation, or exercising a legitimate discretion for improper reasons, or employing illegal means to achieve approved goals;3.1.4 Automatic Classication 4:• Police Corruption;• Police Ofcers involved in an indictable offence e.g. under the Dangerous Drug Act;3.2 Denition of Serious Police Misconduct- Under Section 4 of the Police Complaints Authority Act-“Serious Police Misconduct” means the commission of a disciplinary offence under the Police Service Regulations which the Authority considers to be so serious as to bring the Police Service into disrepute.

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28 | The Police Complaints Authority’s SIXTH Annual Report Status Of ComplaintsOctober 1, 2015 – September 30, 2016Under section 37 of the Police Complaints Authority Act, (“the 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.” Thirty-eight (38) of the three hundred and fty-eight (358) complaints processed by the LCCCU were the subject matter of judicial proceedings and fell within section 37 of the Act. The remaining three hundred and twenty (320) complaints, as stated previously were forwarded to the Investigations Department and of these, thirty (30) were completed and two hundred and ninety (290) are being actively investigated. Table 2 and Figure 1 show the above in numbers and percentages respectively.Status of complaints Number of complaintsBefore the Court 38Completed by Investigations Department 30Active Investigations 290Total 358Table 2: Status of complaints in numbers for the period October 1, 2015 to September 30, 2016.Active investigations Completed complaintsBefore the court11%81%8%Figure 1: Status of complaints in percentages for the period October 1, 2015 to September 30, 2016.

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The Police Complaints Authority’s SIXTH Annual Report | 29Dec 29, 2010 – Sept 30, 2011 68Oct 1, 2011 – Sept 30, 2012 77Oct 1, 2012 – Sept 30, 2013 53Oct 1, 2013 – Sept 30, 2014 54Oct 1, 2014 – Sept 30, 2015 52Oct 1, 2015 – Sept 30, 2016 30Total 334 Table 3: Breakdown of les forwarded from the Investigations Department to LCCCU during the period October 1, 2015 to September 30, 2016.During the period under review, the Investigations Department forwarded to the LCCCU three hundred and thirty-four (334) matters as follows:- • Sixty-eight (68) were from the reporting period December 29, 2010 to September 30, 2011; • Seventy-seven (77) were from the reporting period October 1, 2011 to September 30, 2012; • Fifty-three (53) were from the period October 1, 2012 to September 30, 2013;• Fifty-four (54) were from the period October 1, 2013 to September 30, 2014; • Fifty-two (52) were from the period October 1, 2014 to September 30, 2015; and • Thirty (30) were from the period under review. This is shown in Table 3.Reporting PeriodNumber of Files forwarded during the periodOct 1, 2015 – Sept 30, 2016

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30 | The Police Complaints Authority’s SIXTH Annual Report Status Of ComplaintsDecember 29, 2010 - September 30, 2016Since the establishment of the PCA on December 29, 2010, a total of two thousand four hundred and fty-nine (2,459) complaints were received. Of the two thousand four hundred and fty-nine (2,459) complaints, one thousand two hundred and fty-nine (1259) are actively being investigated; two hundred and sixty (260) are before the courts of law and nine hundred and forty (940) have been completed. This data is illustrated in Table 4. Of the nine hundred and forty (940) completed investigations depicted in Table 4, six hundred and six (606) were completed during the previous reporting periods (December 29, 2010 to September 30, 2015) while three hundred and thirty-four (334) were completed in the period under review. Of the three hundred and thirty-four (334) completed investigations, seven (7) were sent to the DPP, twenty-eight (28) were sent to the CoP and two hundred and ninety-nine (299) were closed with no further action as shown in Table 5. It should be noted that these completed investigations also include complaints from previous reporting periods.Active investigations 1259Before courts of law 260Completed investigations 940Total 2459Sent to DPP 7Sent to CoOP 28No further action 299Total 334Table 4: Status of complaints from December 29, 2010 to September 30, 2016.Table 5: A breakdown of investigation of complaints completed during the period under review.Status of complaints Status of complaintsNo. of Complaints during the period December 29, 2010 – September 30, 2016Number ofComplaints Completed

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32 | The Police Complaints Authority’s SIXTH Annual Report Statistical Report For The Period October 1, 2015 To September 30, 2016Three hundred and twenty (320) complaints were received for the period October 1, 2015 to September 30, 2016. In the preceding reporting periods, the followings numbers of complaints were received: - • December 29, 2010 to September 30, 2011 - 255 complaints; • October 1, 2011 to September 30, 2012 - 340 complaints; • October 1, 2012 to September 30, 2013 - 470 complaints; • October 1, 2013 to September 30, 2014 - 491 complaints;• October 1, 2014 to September 30, 2015 - 321 complaints.Table 6 shows the number of complaints received over the reporting periods December 29, 2010 to September 30, 2016 and the respective increases/ decreases in the number of complaints received. Figure 2 shows the numerical increases/decreases in the number of complaints received over the reporting periods December 29, 2010 to September 30, 2016.Figure 2: The numerical increase/decrease in complaints received over the reporting periods December 29, 2010 to September 30, 2016.2003004005002013 - 2014 2014 - 2015 2015 - 20162012 - 20132011 - 20122010 - 20113403213204704912552010 - 2011 255 02011 - 2012 340 85 2012 - 2013 470 130 2013 - 2014 491 21 2014 - 2015 321 170 2015 - 2016 320 1 ReportingPeriodsNumber Of ComplaintsIncreased/ Decrease in Number Over Previous YearTable 6: A comparison of the number of complaints received over the reporting periods - December 29, 2010 to September 30, 2016.

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The Police Complaints Authority’s SIXTH Annual Report | 33Classication Of Complaints The three hundred and twenty (320) complaints received by the Investigations Department fell into the classications described on page 25 of this report and are depicted in Table 7 below by numbers and in Figure 3 by percentages. During the period under review, there were increases in the number of Class 1 and Class 5 complaints from seventeen (17) to thirty-eight (38) and ninety (90) to one hundred and twenty-two (122) respectively. Additionally, decreases were observed in the number of complaints classied under Classes 2, 3 and 4.Table 7: Classication of complaints received by the Investigations Department - October 1, 2015 to September 30, 2016 in numbers. Class 1 17 38Class 2 88 74Class 3 77 61Class 4 49 25Class 5 90 122Total 321 320Classication No. of Complaints – October 1, 2014 to September 30, 2015No. of Complaints – October 1, 2015 to September 30, 2016Table 7: Classication of complaints received by the Investigations Department - October 1, 2015 to September 30, 2016 in numbersFigure 3: Classication of complaints received by the Investigations Department - October 1, 2015 to September 30, 2016 in percentages. Class 1Class 2Class 3Class 4Class 528%28%24%15%5%

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34 | The Police Complaints Authority’s SIXTH Annual Report CLASSIFICATION OF COMPLAINTS RECEIVED BY MONTHThe highest number of complaints received during the period under review was in the month of October as shown in Table 8.METHOD OF COMPLAINT RECEIVEDOfcial complaints can be made through several methods. These include walk in, mail in or email. Complaints can also be initiated by the PCA under section 26 of the PCA Act. Fifty-four percent (54%) of complaints were received through the walk in method as shown in Table 9. 1 2 3 4 5 October 3 10 5 6 12 36November 2 8 1 2 13 26December 3 5 6 2 7 23January 3 10 1 1 0 15February 1 8 10 4 6 29March 7 10 6 0 9 32April 8 5 4 3 14 34May 5 1 6 1 17 30June 1 3 7 2 11 24July 0 6 5 0 16 27August 5 5 6 2 7 25September 0 3 4 2 10 19Total 38 74 61 25 122 320Month Classication of ComplaintsTotalTable 8: Classication of complaints received by month for the period October 1, 2015 to September 30, 2016.Walk in 172 54%PCA Initiated 55 17%Mail in 50 16%Email 43 13%Total 320 100%Mode Complaint Received Number PercentageTable 9: Number and Percentages of the method of receipt of complaints for the period October 1, 2015 to September 30, 2016.

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The Police Complaints Authority’s SIXTH Annual Report | 35PCA Initiated ComplaintsUnder section 26 of the PCA Act the Authority “may conduct an investigation on its own initiative or on the basis of a complaint made by a member of the public, a police ofcer, a public body or authority, or the appropriate unit or a disciplinary tribunal of the police service.”During the period under review, the PCA initiated fty-ve (55) complaints. Table 10 shows complaints initiated by the PCA from December 29, 2010 to September 30, 2016. Dec 29, 2010 – Sept 30, 2011 3Oct 1, 2011 – Sept 30, 2012 38Oct 1, 2012 – Sept 30, 2013 43Oct 1, 2013 – Sept 30, 2014 73Oct 1, 2014 – Sept 30, 2015 58Oct 1, 2015 – Sept 30, 2016 55Total 270Reporting periodNo. of initiated complaintsTable 10: Number of complaints initiated by the PCA for the period December 29, 2010 to September 30, 2016Figure 4: Method of receipt of complaints in percentages for the period October 1, 2015 to September 30, 2016.Walk inPCA InitiatedMail inEmail13%17%16%54%METHOD OF COMPLAINT RECEIVED

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The Police Complaints Authority’s SIXTH Annual Report | 37Northern 55 17%Port of Spain 34 11%Central 53 17%Southern 42 13%Western 19 6%Eastern 30 9%Tobago 33 10%North-Eastern 24 8%South-Western 20 6%Unknown 10 3%Total 320 100%Police Divisions No of Complaints Complaint percentageTable 11: Number and percentages of complaints by Police Divisions for the period October 1, 2015- September 30, 2016.LOCATION OF COMPLAINTS BY DIVISIONSThe three hundred and twenty (320) complaints and the divisions in which they occurred are shown by numbers in Table 11 and by percentages in Figure 6.It was noted that the highest number of complaints fty-ve (55) occurred in the Northern Division while the lowest number of complaints nineteen (19) occurred in the Western Division.The category “Unknown” referred to in Table 11 includes matters in which insufcient information was provided to the PCA to allow for the identication of a police division. Figure 6: Percentages of complaints by DivisionsUnknownSouth-WesternNorth-EasternTobagoEasternWesternSouthernCentralPort of SpainNorthern17%11%17%13%6%9%10%8%6%3%

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38 | The Police Complaints Authority’s SIXTH Annual Report DIVISIONS Northern 7 16 12 5 15 55Port of Spain 8 8 6 0 12 34Central 4 6 13 3 27 53Southern 5 9 9 5 14 42Western 3 2 4 3 7 19Eastern 0 7 6 4 13 30Tobago 7 12 5 3 6 33North-Eastern 1 6 3 1 13 24South-Western 1 5 2 1 11 20Unknown 2 3 1 0 4 10Total 38 74 61 25 122 320Class 1 2 3 4 5 TotalTable 12: Classication of Complaints by Police Division for the period October 1, 2015 to September 30, 2016.The category “Unknown” referred to in Table 12 includes matters in which insufcient information was provided to the PCA to allow for the identication of a police division Tables and Figures hereafter show the classication of complaints in numbers and percentages for the nine (9) Divisions and those which fall into the classication “Unknown”.NUMBER 7 16 12 5 15CLASS 1 2 3 4 5Table 13: No. of complaints by classication for the Northern DivisionFigure 7: Percentages of complaints by classication for the Northern DivisionNorthern Division29%22%9%27%1 2 3 4 513%

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44 | The Police Complaints Authority’s SIXTH Annual Report Rank And Regimental Number Of Alleged Defaulting OfficersOf the three hundred and twenty (320) complaints received during the period under the review, the rank of the alleged defaulting ofcers was known in one hundred and fty-six (156) complaints while one hundred and sixty-four (164) were unknown. Additionally, the regimental number was known in one hundred and seven (107) complaints while two hundred and thirteen (213) remained unknown. This is depicted in percentages in Figure 17 and Figure18.Figure 17: Knowledge of Rank of Alleged Defaulting Ofcers for complaints received during the period October 1, 2015 to September 30, 2016. Figure 18: Knowledge of Regimental Number of Alleged Defaulting Ofcers for complaints received during the period October 1, 2015 to September 30, 2016. Rank UnknownRank Known49%51%Regimental Number UnknownRegimental Number Known33%67%Regimental Number of Alleged Defaulting OcersRank of Alleged Defaulting Ocers

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The Police Complaints Authority’s SIXTH Annual Report | 45Demogr aphicsALLEGED VICTIM AS COMPARED TO REPRESENTATIVE OF ALLEGED VICTIM Section 28 of the PCA Act provides that – “Where a person –(a) makes a complaint under this Act and dies;(b) makes a complaint and for any reason is unable to act for himself after making the complaint; or (c) could have made a complaint but died before doing so or is for any reason unable to act for himself, the complaint may be made or continued by his personal representative, a member of his family or other individual suitable to represent him.”Of the three hundred and twenty (320) complaints received, two hundred and twenty-eight (228) were reported by the alleged victim, seventy (70) were reported on behalf of the alleged victim, and twenty-two (22) were matters in which the alleged victim/complainant is deceased. Table 23 depicts the above in numbers and percentages of complaints.Alleged Victim 228 71%Representative of Alleged Victim 70 22%Alleged Victim/Complainantis Deceased 22 7%Total 320 100%NumberPercentagesTable 23: Number and percentages of complaints made by alleged victim as compared to representative of alleged victim for the period October 1, 2015 to September 30, 2016.

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The Police Complaints Authority’s SIXTH Annual Report | 47Demogr aphics Of ComplainantFor The Period Under Review The Demographics For Each Complaint Received Were Assessed By The Investigations Department By Age And Gender Where Known.AgeOf the three hundred and twenty (320) complaints, the ages were known for sixty-seven percent (67%) which represents two hundred and seventeen (217) complaints. The ages were unknown in one hundred and three (103) complaints due to these being received by way of email or mail or where the PCA initiated a complaint. This represented thirty-three percent (33%) of the complaints received. Table 24 shows the number and percentages of complainants by age while gure 20 depicts the age categories and corresponding percentages for the period under review.Under 15 4 1%16 – 20 8 3%21 – 25 28 9%26 – 30 28 9%31 – 35 37 12%36 – 40 17 5%41 – 45 17 5%46 – 50 20 6%51 – 55 18 6%56 – 60 9 3%61 – 65 6 2%Over 65 19 6%Unknown 103 33%Total 314 100%Age categoryNumberPercentagesTable 24: Number and percentages of complainants by age for the period October 1, 2015 to September 30, 2016.The category “Unknown” referred to in Table 24 and Figure 20 includes complaints which were emailed or mailed in or where the matter was initiated by the PCA.

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The Police Complaints Authority’s SIXTH Annual Report | 49GENDERAn analysis of the 321 complaints by gender shows that two hundred and fourteen (214) complaints were made by male victims, while female victims accounted for seventy-six (76) of the complaints. Eleven (11) of the complaints were made jointly by males and females. The gender was ‘unknown’ in twenty (20) of the complaints which were either PCA initiated or mailed-in. Table 25 and Figure 21 show an analysis of the gender by number and percentages.Male 212 66%Female 84 26%Both genders 24 8%Total 320 100%GenderNumberPercentagesTable 25: Complainants by gender, number and percentages for the period October 1, 2015 to September 30, 2016.Figure 21: Complainants by gender and percentages for the period October 1, 2015 to September 30, 2016.Male Female Both Genders Involved 8%26%26%

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The Police Complaints Authority’s SIXTH Annual Report | 55COMPLAINANTS BY ETHNICITY AND AGEOf the three hundred and twenty (320) complaints the highest numbers of complaints received were from persons of African descent in the following age groups as illustrated in Table 34:-• 21 - 25 with sixteen (16) complaints; • 31 - 35 with sixteen (16) complaints; African East Indian Caucasian Mixed Other Unknown TotalUnder 15 1 1 1 0 0 1 416 – 20 5 0 0 0 0 3 821 - 25 16 3 0 4 0 5 2826 - 30 13 1 0 1 0 13 2831 - 35 16 7 0 4 0 10 3736 – 40 10 2 0 1 0 4 1741 - 45 9 5 0 0 0 4 1846 - 50 9 4 0 5 0 3 2151 – 55 4 6 0 4 0 4 1856 – 60 2 3 0 0 0 4 961 - 65 3 1 0 2 0 0 6Over 66 9 5 0 3 0 2 19Unknown 32 18 0 11 2 44 107Total 129 56 1 35 2 97 320Table 34: Complainants by ethnicity and gender for the period October 1, 2015 to September 30, 2016.

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The Police Complaints Authority’s SIXTH Annual Report | 57Table 35: Classication of allegations within the complaints received by the Investigations Department for the period under review.Police Corruption 34Serious Police Misconduct 267Commission of a criminal offence by a police ofcer 173Commission of a criminal offence by any other person but involving a police ofcer 0Total 474PCA Remit NumberSection 4 of the Police Complaints Authority Act Chapter 15:05 states that a “complaint” includes an allegation of –a) Police corruption;b) Serious police misconduct;c) The commission of a criminal offence by a police ofcer; ord) The commission of a criminal offence by any other person but involving a police ofcer.Accordingly, more than one allegation may be identied in a single complaint. Additionally, more than one offence may arise out of one allegation. Of the three hundred and twenty (320) complaints received during the period under review, four hundred and seventy-four (474) classications of allegations were identied as shown in Table 35.Allegations Of Criminal And Disciplinary Offences

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58 | The Police Complaints Authority’s SIXTH Annual Report Table 36: Total number of allegations of criminal offences for the period October 1, 2015 to September 30, 2016.Fatal Shootings 26Shooting with Intent (Non-Fatal Shooting) 14Causing Death by Dangerous Driving 2Assault 79Wounding with Intent to do Grievous Bodily Harm 4Harassment 28Threat 16Killing or Wounding Animals 1Larceny and Related Offences 19Malicious Damage 14Perverting the Course of Justice 2Misbehaviour in Public Ofce 26Dangerous Driving 1Offences under the Anti-Gang Legislation 1Use of Obscene Language 9Total 242Use of Obscene Language 4Total 230Allegations of Criminal Offences Allegations of Criminal OffencesTotal TotalAllegations Of Criminal OffencesOf the three hundred and twenty (320) complaints, there were two hundred and forty-two (242) allegations of criminal offences for the period October 1, 2015 to– September 30, 2016. Of these, the offence which occurred with the highest frequency is assault which amounted to seventy-nine (79) and represents thirty-three percent (33%) of the criminal offences identied.

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The Police Complaints Authority’s SIXTH Annual Report | 59Figure 24: Fatal Shootings Figure 25: Shooting with Intent (non-fatal shooting)Figures 24 and 25 represent Fatal Shootings and Shooting with Intent (non-fatal shooting) respectively for the period October 1, 2015 to September 30, 2016Of the three hundred and twenty (320) complaints, there were twenty-six (26) incidents of fatal shootings and fourteen (14) incidents of shooting with intent (non-fatal shooting) as seen in Figures 24 and 25 It should be noted that the total number of fatal shootings referred to in this report comprises complaints reported to the PCA and complaints initiated by the PCA in which a monitoring role was undertaken. The above is reected in Table 36.Other Complaints Fatal Shootings8%92%Other Complaints Shooting with Intent (non-fatal shooting)4%96%

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60 | The Police Complaints Authority’s SIXTH Annual Report Allegations Of Disciplinary OffencesDuring the period under review, there were three hundred and forty-seven (347) allegations of disciplinary offences. Of these allegations, the disciplinary offences which occurred with the highest frequency were Neglect of Duty which amounted to one hundred and fourteen (114) allegations and Discreditable Conduct which amounted to one hundred and seven (107) allegations. The breakdown of all allegations of disciplinary offences is depicted in Table 37.Table 37: Total number of complaints categorized as allegations of disciplinary offences for the period October 1, 2015 to September 30, 2016.Neglect of Duty 114Discreditable Conduct 107Unlawful/ Unnecessary Exercise of Authority 75Corrupt Practice 30Breach of other Police Service Regulations 17Falsehood / Prevarication 2Insubordinate or Oppressive Conduct 1Using Property of Service without Consent 1Total 347Allegations of Disciplinary Offences TotalSUMMARYAccordingly, for the period under review, two hundred and forty-two (242) allegations of criminal offences and three hundred and forty-seven (347) allegations of disciplinary offences were identied. Five hundred and eighty-nine (589) offences in total were identied from the allegations contained in the complaints received.

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The Police Complaints Authority’s SIXTH Annual Report | 61The Police Complaints Authority (PCA) hosted its rst conference entitled OVERSIGHT OF LAW ENFORCEMENT “Challenges and Benets of Oversight Bodies and Civilian Oversight Institutions” on March 16th - 17th 2016 at the Hyatt Regency Trinidad, Port of Spain, Trinidad. Seven (7) topics were presented by panelists by way of twenty-ve (25) presentations over the two day period. These presentations engaged participants and members of police oversight bodies locally, regionally and internationally from countries including Barbados, Jamaica, St. Lucia, Guyana, Canada, United States of America, China, Nigeria and United Kingdom. Presenters shared information, research, strategies, policies, experiences and resolutions regarding oversight of police in their respective jurisdictions.Oversight Of Law Enforcement ConferenceOVERSIGHT OFLAW ENFORCEMENTPOLICE COMPLAINTS AUTHORITYChallenges and Beneﬁts of Oversight Bodiesand Civilian Oversight Institutions

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62 | The Police Complaints Authority’s SIXTH Annual Report Each session was chaired by a panel moderator with presenters dening the most fundamental and critical issues regarding the topics outlined below:-• Oversight of Law Enforcement – Limitations, Experiences and Resolutions;• Legal Issues and Court decisions affecting Oversight;• The Use of Body Worn Cameras by the Police;• Challenges faced by Oversight and Civilian Oversight Institutions in the Caribbean;• Envisioning an independent future/or Recognizing the need for absolute independence in the quest to re-establish trust and condence in Law Enforcement;• Socio-economic and Cultural Considerations: Reshaping Law Enforcement Oversight Functions; and• Transparency, Answering and Reliability in the Oversight of Law Enforcement Bodies. The Road To Cafole – Agreement For The Caribbean Association For Oversight Of Law Enforcement BodiesThe main activity of the conference sought to encourage discussions on the proposed draft agreement to formulate the Caribbean Association for the Oversight of Law Enforcement (CAFOLE).The sessions on the draft Agreement took the format of group activities with each group assigned clauses to discuss and provide feedback. Resolutions and settled provisions were then agreed upon based on the feedback presented.

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The Police Complaints Authority’s SIXTH Annual Report | 67The Police Complaints Authority (PCA) has the authority under Section 21 (1) (d) of the PCA Act, Chapter 15:05, to “advise the Police Service and other public authorities on ways in which police corruption and serious police misconduct may be eliminated”.In furtherance of the aforesaid advisory function, during previous nancial reporting periods the PCA rendered advice to the Ofce of the Commissioner of Police (CoP) in the form of recommendations. By way of correspondence dated August 19, 2016, the PCA requested from the Ofce of the CoP, a status update on each of the recommendations made prior to the aforesaid date. As at the date of this report, the PCA has not received a response to its request. Consequently, each recommendation retains the status reported in the Annual Report for the nancial period October 1, 2014 to September 30, 2015.Additionally, during the period under review the PCA submitted further recommendations to the Ofce of the CoP as follows:1. An amendment to the Trinidad and Tobago Police Service (TTPS) Standing Order 10 (Criminal Prosecution and Process), Rule 6(2) (a) to deal with issues related to absences by police ofcers from court proceedings in which police ofcers are involved;2. Training and sensitization of police ofcers who are charged with the responsibility of investigating criminal offences involving children, in order to adequately prepare them to deal effectively with such persons; and3. The implementation of a reliable records management and le tracking system as a means of dealing with the recurring issue of misplacement of les pertaining to TTPS investigations.Hereunder is a table containing status updates on each of the recommendations made by the PCA to the Ofce of the CoP.Recommendations

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68 | The Police Complaints Authority’s SIXTH Annual Report Status Of Recommendations Made To The Office Of The Commissioner Of PoliceRecommendationMedium and Date of recommendationStatus of recommendationThe installation of Closed Circuit Television (CCTV) cameras in all police stations positioned at strategic points within each station, especially and including, the Charge Room and the holding cells.The use of these devices acts as a deterrent for misconduct on the part of police ofcers and also assists in determining the facts in matters where the footage would be relevant to a particular complaint. These CCTV cameras would also enable ofcers to keep vigilant watch on persons kept in their custody and assist in preventing persons from attempting suicide.PCA Annual Report 2011-2012This recommendation was again made in the PCA’s Annual Report 2012-2013. The PCA also wrote to the Acting Commissioner of Police on September 13, 2013, June 6, 2014, September 17, 2015 and August 19, 2016requesting that the PCA be informed about the position of the Trinidad and Tobago Police Service (TTPS) with respect to the adoption and/or implementation of this recommendation. As at the date of this report the PCA has received no response to its letters and the issue relating to the absence of cameras in certain stations has not been remedied.The above recommendation was strengthened with a further recommendation that CCTV 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.PCA Annual Report 2012-2013The PCA is unaware as to whether this recommendation has been implemented.

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The Police Complaints Authority’s SIXTH Annual Report | 69RecommendationMedium and Date of recommendationStatus of recommendationRelative to the above recommendation, the PCA noted the following comments of the Honourable Mr. Justice Frank Seepersad in his delivery of an oral decision in the matter of Dillon Ramirez v The Attorney General of Trinidad and Tobago and Randy Mungroo Police Constable No. 13537 and Rajnath Sookdeo Police Constable No. 13559 CV 2013-00844:-“CCTV cameras should be installed in all police stations, that is a safe guard that protects both prisoners and detainees held at police stations, as well as the police ofcers. No interview should ever be conducted without that interview being recorded and cameras should also be placed in holding cells”PCA Annual Report 2014- 2015The PCA is unaware as to whether this recommendation has been implemented.The establishment of a special unit within the TTPS to investigate fatal police killings.At this stage, due to the lack of resources and the statutory powers and privileges of police ofcers, it was agreed that in matters involving fatal killings by police, the PCA will perform the functions of monitoring and auditing the TTPS’ investigations. The PCA holds the view that there should be a highly qualied team entrusted with the specic task of investigating these matters as opposed to these investigations being conducted by ofcers from the particular jurisdiction in which the incident occurred. This team will liaise with the PCA on a regular and consistent basis during the investigation.PCA Annual Report 2011-2012The Professional Standards Bureau was established with effect from July 15, 2011 via departmental order dated January 4, 2012.

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70 | The Police Complaints Authority’s SIXTH Annual Report RecommendationMedium and Date of recommendationStatus of recommendationA thorough review of the current Departmental Order that deals with the TTPS’ Use of Force Policy.Members of the TTPS should be made aware of the most recent laws on the subject, as well as international best practices.PCA Annual Report 2011-2012Update obtained by the former Director via telephone conversation on August 5, 2014. This training will require the new Use of Force Policy which remains outstanding.The implementation of a Departmental Order specifying the procedure to be adopted when investigators from the PCA enter police stations in the execution of their duties to obtain information or copies of documents relevant to a particular investigation. This will prevent any potential obstruction of the PCA’s statutory functions.PCA Annual Report 2011-2012The former Commissioner of Police (Dr. Dwayne Gibbs) reviewed and accepted the PCA’s draft Protocol For Investigations and advised by letter dated June 4, 2012 that it “will be published via Departmental Order”. The PCA also wrote to the Acting Commissioner of Police on September 13, 2013,June 6, 2014, September 17, 2015 and August 19, 2016 requesting that the PCA be informed about the position of the TTPS with respect to the adoption and/or implementation of this recommendation. As at the date of this report, the PCA had received no response to its letters. As far as the PCA is aware, the Departmental Order has not been published.The provision of a list of TTPS ofcers in line for promotion to be sent to the PCA. The TTPS will be able to ascertain whether any of these ofcers are the subject of adverse ndings by the PCA based on complaints made to the Authority. This information will be forwarded to the Commissioner of Police so that it may guide his determination on the matter of promotion of identied ofcers.PCA Annual Report 2011-2012The Ofce of the Commissioner of Police sent across a list of ofcers eligible for promotion from the rank of Constable to Corporal and Sergeant to Inspector in August 2012. The PCA reviewed the list and found that it had no complaints against the ofcers listed for promotion. Since then no further lists of TTPS ofcers in line for promotion have been submitted to the PCA.

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The Police Complaints Authority’s SIXTH Annual Report | 71RecommendationMedium and Date of recommendationStatus of recommendationThe use of the rulings in all cases where adverse ndings have been made by judicial ofcers of the courts on the conduct of police ofcers.PCA Annual Report 2011- 2012The PCA is unaware as to whether this recommendation has been implemented.The TTPS embarks on a community outreach programme similar to that of the PCA 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 the concerns raised in the hope of fostering a more customer-service centric body.PCA Annual Report 2012-2013Update obtained by the former Director of the PCA via telephone conversation on August 5, 2014. The TTPS has a programme in collaboration with CCN TV6 “Beyond the Tape” which is aimed at reaching out to the nation.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 report receipts 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’s report was received 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.PCA Annual Report 2012-2013The PCA wrote to the Acting Commissioner of Police on June 6, 2014, September 17, 2015 and August 19, 2016 requesting that the PCA be informed about the position of the TTPS with respect to the adoption and/or implementation of this recommendation. As at the date of this report, the PCA has received no response to its letter.Complainants continue to indicate that they were not issued receipts at certain stations because the station is awaiting receipt books.

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72 | The Police Complaints Authority’s SIXTH Annual Report RecommendationMedium and Date of recommendationStatus of recommendationThe need to employ more stringent measures to ensure that ofcers do proper recording of entries into the Station Diary as required under Standing Order No. 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.PCA Annual Report 2012-2013The PCA wrote to the Acting Commissioner of Police on June 6, 2014 requesting that the PCA be informed about the position of the TTPS with respect to the adoption and/or implementation of this recommendation. As at the date of this report, the PCA has received no response to its letter. The PCA is unaware as to whether this recommendation has been implemented.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 such 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.PCA Annual Report 2012-2013The PCA wrote to the Acting Commissioner of Police on June 6, 2014, September 17, 2015 and August 19, 2016 requesting that the PCA be informed about the position of the TTPS with respect to the adoption and/or implementation of this recommendation. As at the date of this report, the PCA has received no response to its letter. The PCA is unaware as to whether this recommendation has been implemented.

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The Police Complaints Authority’s SIXTH Annual Report | 73RecommendationMedium and Date of recommendationStatus of recommendationThe 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.PCA Annual Report 2012-2013The PCA wrote to the Acting Commissioner of Police on June 6, 2014, September 17, 2015 and August 19, 2016 requesting that the PCA be informed about the position of the TTPS with respect to the adoption and/or implementation of this recommendation. As at the date of this report, the PCA has received no response to its letter. The recommendation has not been implemented by the TTPS.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 a 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 eliminate opportunities for manipulation of records where a complaint of entry without a warrant is made.PCA Annual Report 2012-2013The PCA wrote to the Acting Commissioner of Police on June 6, 2014, September 17, 2015 and August 19, 2016 requesting that the PCA be informed about the position of the TTPS with respect to the adoption and/or implementation of this recommendation. As at the date of this report, the PCA has received no response to its letter.Consideration be given to training and sensitization of ofcers in dealing with differently abled persons. Furthermore, provisions for the safer handling of differently abled persons should be made including the making of all reasonable adjustments to accommodate the supplementary needs of such persons, for example, any additional access requirements; the provision of interpretive support for blind, deaf or otherwise vulnerable persons who may have difculty understanding procedures or completing documentation; and facilitation of communication with people who appear to be deaf, or if there is doubt about their ability to hear, by the use of a suitably qualied interpreter. Letter from the Director of the PCA to the Acting Commissioner of Police dated September 13, 2013.The PCA also wrote to the Acting Commissioner of Police on June 6, 2014, September 17, 2015 and August 19, 2016 requesting that the PCA be informed about the position of the TTPS with respect to the adoption and/or implementation of this recommendation. As at the date of this report, the PCA has received no response to its letter. The PCA is unaware as to whether this recommendation has been implemented.

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74 | The Police Complaints Authority’s SIXTH Annual Report RecommendationMedium and Date of recommendationStatus of recommendationThere is an absence of disciplinary regulations applicable to Special Reserve Police Ofcers. This category of ofcers is not covered under the Police Service Act, Chapter 15:01 or the attending regulations made thereunder. While this issue of a legislative lacuna is not one which can be directly addressed by the TTPS, the PCA thought it prudent to bring it to the attention of the Acting Commissioner of Police.Via telephonic conversation and letter from the Director of the PCA to the Acting Commissioner of Police dated June 6, 2014.The PCA is unaware of any change with respect to the absence of the relevant disciplinary regulations.A Police Standing Order or Departmental Order should be drafted and implemented to require ofcers involved in incidents in which civilians are either killed or injured by police ofcers and allegations of police impropriety are raised to immediately provide to the Ofcer in Charge of the Division/Branch/Section to which he/she is attached, a detailed written report into the circumstances surrounding same.Letter from the Director of the PCA to the Acting Commissioner of Police dated January 23, 2014.The PCA also wrote to the Acting Commissioner of Police on June 6, 2014, September 17, 2015 and August 19, 2016 requesting that the PCA be informed about the position of the TTPS with respect to the adoption and/or implementation of this recommendation. As at the date of this report, the PCA has received no response to its letter. The PCA is unaware as to whether this recommendation has been implemented.All members of the TTPS are required to take and subscribe to an oath or afrmation of ofce and secrecy upon their rst appointment as mandated under section 72 of the Police Service Act, Chapter 15:01. The PCA requested that all members of the TTPS be reminded of the said oath or afrmation of ofce and secrecy. Letter from the Director of the PCA to the Acting Commissioner of Police dated April 14, 2014.The PCA is unaware as to whether this recommendation has been implemented.

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The Police Complaints Authority’s SIXTH Annual Report | 75Proposed Amendments To The Police Complaints Authority Act (Pca Act) And Necessary Consequential Amendments To Other Pieces Of LegislationDuring the period under review, the PCA continued to lobby for amendments to the Police Complaints Authority Act (PCA Act) together with consequential amendments to other pieces of legislation which touch, concern and affect the functions and operations of the PCA.Hereunder is a list of proposed amendments to the PCA Act and necessary consequential amendments to other pieces of legislation which have been brought to the attention of relevant stakeholders and the Legislative Review Committee throughout the last scal period.Amendments to the police complaints authority act, chapter 15:05, to provide the authority and its duly authorized ocers with certain powers typically exercised by police ocers, in particular, the power to:-(a) search a person for weapons or evidence where the Authority considers it relevant so to do in relation to any matter being investigated under the PCA Act and to seize such weapons or evidence for the purpose of giving effect to Sections 21 (1), 26 and 30 of the PCA Act;(b) take charge of and preserve the scene of a crime relative to a complaint under the Authority’s investigation for the purpose of giving effect to Sections 21 (1), 26 and 30 of the PCA Act; and(c) retrieve all evidence, including narcotics and “prohibited weapons” recovered during the exercise of the PCA’s functions under Sections 21 (1), 26 and 30 of the PCA Act Amendments deemed necessary as a consequence of providing the Authority and its duly authorized ocers with certain powers of the police(a) An amendment to include the Authority as an “authorised ofcer” under the Interception of Communications Act,

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76 | The Police Complaints Authority’s SIXTH Annual Report Chapter 15:08 so as to permit quick access to subscriber records and intercepted communications in order to give effect to Sections 21 (1), 26 and 30 of the PCA Act.(b) An Amendment to Section 5 of the Dangerous Drugs Act, Chapter 11:12 to recognize the PCA’s duly authorised ofcers as authorised to have in their possession dangerous drugs in order to give effect to Sections 21 (1), 26 and 30 of the PCA Act.(c) An amendment to Section 6(2) of the Firearms Act, Chapter 16:01, is necessary to include the Director and Deputy Director of the PCA in the list of persons permitted to have in their possession any prohibited weapon. (d) An amendment to the Administration of Justice (Deoxyribonucleic Acid) Act, 2012 to provide for the PCA to be recognised as an entity which can submit to the Forensics Science Centre materials acquired from a crime scene and also receive reports and information following DNA testing.Amendments necessary to:- • Achieve consistency with best practice in civilian oversight(a) The recording of statements by audio visual means through an amendment to the Audio Visual Rules which are appended to the Evidence Act, Chapter 7:02 in order to include the PCA in the denition of law enforcement ofcers to whom the rules apply. This is of paramount importance particularly as the PCA already has audio visual recording equipment.• To facilitate operational and administrative improvements in the PCA(a) The making of regulations to the PCA Act by the Authority as it is best poised to do so.(b) Deeming the Authority as “practitioner members” under the Legal Profession Act, Chapter 90:03, thereby making them exempt from the payment of annual contributions and subscription fees to the Law Association for the duration of their appointment. (c) An amendment to the PCA Act to include a provision to deal with the functioning of the Authority in instances of death, resignation or revocation of appointment in respect of either member of the Authority. (d) An amendment to the PCA Act for the inclusion of a new section to declare that the PCA shall be exempted from stamp duty, corporation tax, customs duties, value added taxes, motor vehicle taxes, fees, charges, assessments, levies and imposts on assets which are acquired for use by the PCA.

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The Police Complaints Authority’s SIXTH Annual Report | 77• To increase efciency in oversightThe following amendments are imported from the PCA’s Jamaican counterparts, Independent Commission of Investigations (INDECOM), which has had great success in independent civilian oversight. The respective provisions have been reengineered to ensure applicability to the PCA whilst retaining the essence of the principal provisions. To mirror the successes of INDECOM the PCA considers it necessary to:(a) Access all reports and other information regarding complaints under investigation and all other evidence related thereto including any weapons, photographs and forensic data.(b) Manage, supervise, direct and control an investigation carried out by a police ofcer(s) in relation to matters referred to in Section 21 (1) of the PCA Act.(c) Ensure compliance with the recommendations made to the Ofce of the CoP for action pursuant to Sections 21 (2) and 44 of the PCA Act.(d) Review the Departmental Orders, Standing Orders and Regulations of police ofcers and to recommend changes where deemed necessary.• To better serve the interests of justice(a) Justice Protection Act, Chapter 5:33 Due to the nature of the allegations made to the PCA, complainants are often fearful for their safety and concerned about the potential backlash associated with coming forward. An amendment to the Justice Protection Act, Chapter 5:33 is necessary to designate the PCA as an “approved authority” and allow the PCA to make recommendations for the protection of complainants against reprisal, discrimination and intimidation. (b) An amendment to the Coroner’s Act, Chapter 6:04, to dene “interested parties” and to include the PCA under that category.• To ensure that all police ofcers are subject to independent over-sight Lacunae and amendments of other pieces of legislation which touch and concern the oversight operations of the PCA have necessitated the following amendments in order to ensure that all persons falling under the denition of “police ofcer” under the Act are within the Authority’s jurisdiction as far as the making of recommendations for discipline is concerned.(a) The Municipal Police Regulations 2014 Section 60 of the Municipal Corporations Act, Chapter

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78 | The Police Complaints Authority’s SIXTH Annual Report 25:04 provides that the Police Service Regulations (inclusive of those dealing with discipline) only applied to the members of the Municipal Police Force until the making of relevant Regulations. Accordingly, the Municipal Police Service Regulations 2014 (MPS Regulations) having been made, are now applicable to members of the Municipal Police Force. Further, under the MPS Regulations, the responsibility for the disciplining of members of the Municipal Police Force who have committed, inter alia, acts of misconduct is now vested in an Assistant Commissioner appointed under the Municipal Corporations Act, Chapter 25:04 (and not the Commissioner of Police). Bearing in mind the remit of the PCA with respect to municipal police ofcers, the functions of the Authority under Section 21 of the PCA Act and, the denition of “serious police misconduct” under section 4 of the PCA Act, it is necessary that the following amendments be made: The widening of the denition of “serious police misconduct” under Section 4 of the PCA Act to include the commission of a disciplinary offence under the MPS Regulations, 2014 which the Authority considers to be so serious as to bring the Municipal Police Force into disrepute. The widening of section 21 (1) (d) of the PCA Act to provide for the Authority to advise the Assistant Commissioner appointed under the Municipal Corporations Act on the ways in which the Assistant Commissioner can eliminate serious police misconduct; The inclusion of the words “Municipal Police Force” after the words “Police Service” in line 4 of Section (21) (1) (e) of the PCA Act; The widening of section 21 (1) (f) of the PCA Act to provide for the Authority to furnish evidence gathered to the Assistant Commissioner appointed under the Municipal Corporations Act with respect to any Municipal Police Ofcer who has committed a disciplinary offence under the MPS Regulations which the Authority considers so serious as to bring the Municipal Police Force into disrepute; and The creation of a responsibility on the part of the Assistant Commissioner appointed under the Municipal Corporations Act to inform the Authority in a similar manner as prescribed for the Commissioner of Police under Section 48(2) of the PCA Act with respect to information or complaints in relation to Section 21 (1) (a) of the PCA Act. Priority therefore needs to be given to amendments to sections 4, 21 (1) (d), 21 (1) (e), 21 (1) (f) and 48(2) of the PCA Act which have become necessary due to the making of the MPS Regulations 2014 on October 24th, 2014 by Legal Notice No. 300, Legal Supplement Part B- Vol. 53, No. 135.

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The Police Complaints Authority’s SIXTH Annual Report | 79(b) The Special Reserve Police Act Special Reserve Police Ofcers (SRPs) are included in the denition of police ofcers subject to the PCA Act. Under section 4 of the PCA Act, serious police misconduct is dened as “the commission of a disciplinary offence under the Police Service Regulations, 2006 which the Authority considers to be so serious as to bring the Police Service into disrepute” However, the Police Service Act (PSA) and the Regulations made thereunder, including Regulation 150, apply exclusively to police ofcers who perform duties within the Police Service. Under the PSA, the term “Police Service” means “the Trinidad and Tobago Police Service established by section 4” which comprises “…the public ofces as set out in the Third Schedule”. However, noticeably absent from that Third Schedule, is any reference to SRPs. Therefore, the Police Service Regulations (which include discipline) made under the PSA do not apply to SRPs. The lacuna must be addressed and particularly so in light of Section 22 (2) of the Special Reserve Police Act, Chapter 15:03 which makes provisions for regulations, inter alia, for the discipline and guidance of SRPs. In the interim, a suitable solution is the insertion of a clause similar to Section 60 of the Municipal Corporations Act which provides as follows:“60. The Commission may make Regulations providing forthe classication of ofcers in a Municipal Police Service,including qualications, duties and remuneration and providing generally for the discipline, good order and government of the Municipal Police Services and until such Regulations are made hereunder, Regulations made under the Police Service Act, insofar as the Commission deems them applicable to any matter concerning Municipal Police Services or Municipal Police Ofcers, shall apply mutatis mutandis.”In this way, the PSR shall apply to the SRPs until the making of their own regulations.

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The Police Complaints Authority’s SIXTH Annual Report | 85 POLICE COMPLAINTS AUTHORITY Audited Financial Statements (Expressed in Trinidad and Tobago Dollars) September 30, 2014 Audited Financial Statements Page Auditors’ Report 1-2 Statement of Financial Position 3 Statement of Comprehensive Income and Accumulated Fund 4 Statement of Cash Flows 5 Notes to Financial Statements 6-13 The Auditor General of the Republic of Trinidad and Tobago Report on the Financial Statements of the Police Complaints Authority INDEPENDENT AUDITORS’ REPORT We have audited the accompanying financial statements of Police Complaints Authority, which comprise the statement of financial position as at September 30, 2014 and statement of comprehensive income and accumulated fund and statement of cash flows for the year then ended and a summary of significant accounting policies and other explanatory notes. Management’s responsibility for the financial statements The Police Complaints Authority is responsible for the preparation and fair presentation of these financial statements in accordance with International Financial Reporting Standards. This responsibility includes designing, implementing and maintaining internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, selecting and applying appropriate accounting policies and making accounting estimates that are reasonable in the circumstances. Auditors’ responsibility Our responsibility is to express an opinion on these financial statements based on our audit. The audit was carried out in accordance with the Police Complaints Authority Act. We conducted our audit in accordance with International Standards on Auditing. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors’ judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. - 1 - Appendix ‘A’FINANCIAL STATEMENT 2013-2014

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86 | The Police Complaints Authority’s SIXTH Annual Report The Auditor General of the Republic of Trinidad and Tobago Report on the Financial Statements of the Police Complaints Authority INDEPENDENT AUDITORS’ REPORT – (Continued) Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of Police Complaints Authority as at September 30, 2014 and its financial performance and its cash flows for the year then ended in accordance with International Financial Reporting Standards. October 28, 2015 PORT-OF-SPAIN - 2 - POLICE COMPLAINTS AUTHORITY STATEMENT OF FINANCIAL POSITION (Expressed in Trinidad and Tobago Dollars) September 30 2014 2013 ASSETS Notes CURRENT ASSETS Cash in hand and at bank $ 7,057,269 $ 9,180,752 Receivables and prepayments C 359,367 146,127 TOTAL CURRENT ASSETS 7,416,636 9,326,879 NON-CURRENT ASSETS Property, plant and equipment D 1,836,282 2,455,130 TOTAL NON-CURRENT ASSETS 1,836,282 2,455,130 TOTAL ASSETS $ 9,252,918 $ 11,782,009 LIABILITIES AND RESERVES CURRENT LIABILITIES Payables and accruals E $ 311,683 $ 1,011,936 TOTAL CURRENT LIABILITIES 311,683 1,011,936 RESERVES Accumulated fund 8,941,235 10,770,073 8,941,235 10,770,073 TOTAL RESERVES AND LIABILITIES $ 9,252,918 $ 11,782,009 These financial statements were authorised for issue by the Police Complaints Authority on October 28, 2015. Director Deputy Director - 3 -

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The Police Complaints Authority’s SIXTH Annual Report | 87 POLICE COMPLAINTS AUTHORITY STATEMENT OF COMPREHENSIVE INCOME AND ACCUMULATED FUND (Expressed in Trinidad and Tobago Dollars) Year Ended September 30 2014 2013 Notes Parliamentary funding F $ 16,460,940 $ 16,405,850 Other income G 154 527,277 Operating expenses H (17,369,777) (14,417,425) Depreciation D (911,487) (760,779) Loss on disposal of property, plant and equipment (6,237) - Finance cost (2,431) (1,987) SURPLUS/(DEFICIT) FOR THE YEAR $ (1,828,838) $ 1,752,936 ACCUMULATED FUND Balance at beginning of year as previously stated $ 10,770,073 $ 9,017,137 Surplus/(deficit) for the year (1,828,838) 1,752,936 BALANCE AT END OF YEAR $ 8,941,235 $ 10,770,073 See notes to financial statements - 4 - POLICE COMPLAINTS AUTHORITY STATEMENT OF CASH FLOWS (Expressed in Trinidad and Tobago Dollars) Year Ended September 30 2014 2013 OPERATING ACTIVITIES Surplus/(deficit) for the year $ (1,828,838) $ 1,752,936 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation 911,487 760,779 Transfer of property, plant and equipment - (512,000) Loss on disposal of property, plant and equipment 6,237 - Adjustment to property, plant and equipment 9,740 - Changes to operating assets and liabilities: (Increase)/decrease in receivables and prepayments (213,240) 60,850 (Decrease)/increase in accruals (700,253) 756,531 NET CASH PROVIDED BY OPERATING ACTIVITIES (1,814,867) 2,819,096 INVESTING ACTIVITIES Purchase of property, plant and equipment (316,259) (683,884) Proceeds from sale of property, plant and equipment 7,643 - NET CASH USED IN INVESTING ACTIVITIES (308,616) (683,884) (DECREASE)/INCREASE IN CASH (2,123,483) 2,135,212 Cash and cash equivalents at beginning of year 9,180,752 7,045,540 CASH AND CASH EQUIVALENTS AT END OF YEAR $ 7,057,269 $ 9,180,752 Represented by: Cash in hand and at bank $ 7,057,269 $ 9,180,752 See notes to financial statements - 5 -

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88 | The Police Complaints Authority’s SIXTH Annual Report POLICE COMPLAINTS AUTHORITY NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2014 (Expressed in Trinidad and Tobago Dollars) NOTE A – ESTABLISHMENT AND OBJECTIVES The Police Complaints Authority Act No.8 of 2006, Chap. 15:05 (“the Act”) came into operation on January 1, 2007 and repealed the Police Complaints Authority Act, 1993 (“the former Act”) which had provided for complaints against police officers to be sent by the then Police Complaints Authority (“the former Authority”) to the Trinidad and Tobago Police Service for investigation. The Act distinctively established the Police Complaints Authority (PCA/the Authority) as an independent corporate body mandated, among other things, to investigate complaints within its remit without the involvement of the police. The Authority was duly constituted on December 29, 2010 on the appointment of the first Director and Deputy Director for the maximum period of five (5) years. By section 7 of the Act, the Director or Deputy Director shall have at least ten (10) years experience as an attorney-at-Law. Section 6(1) of the Act provides for the Authority 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. NOTE B – SIGNIFICANT ACCOUNTING POLICIES (i) The principal accounting policies applied in the preparation of these financial statements are set out below. These policies have been consistently applied to all years presented, unless otherwise stated. Basis of Preparation – The financial statements of the Authority have been prepared in accordance with International Financial Reporting Standards (“IFRS”). The financial statements have been prepared under the historical cost convention. The preparation of the financial statements in conformity with IFRSs requires management to make judgments, estimates and assumptions that affect the application of accounting policies and the reported amounts of assets, liabilities, income and expenses. Actual results may differ from these estimates. Estimates and underlying assumptions are reviewed on an ongoing basis. Revisions to accounting estimates are recognised in the period in which the estimates are revised and in any future periods affected. - 6 - POLICE COMPLAINTS AUTHORITY NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2014 – (Continued) (Expressed in Trinidad and Tobago Dollars) NOTE B – SIGNIFICANT ACCOUNTING POLICIES – (Continued) (ii) Changes in Accounting Policy and Disclosures A number of new standards, amendments to standards and interpretations are effective for annual periods beginning January 2013, however, none of these amendments has any material impact on these financial statements. (iii) Functional and Presentation Currency Items included in the financial statements are measured using the currency of the primary economic environment in which the Authority operates (‘the functional currency’). The financial statements are presented in Trinidad and Tobago dollars which is the Authority’s presentation currency. (iv) Property, Plant and Equipment Property, plant and equipment are stated at cost less accumulated depreciation. Historical cost includes expenditure that is directly attributable to the acquisition of the items. Subsequent costs are included in the asset’s carrying amount or are recognised as a separate asset, as appropriate, only when it is probable that future economic benefits associated with the item will flow to the Authority and the cost of the item can be measured reliably. All other costs for repairs and maintenance are charged to the statement of comprehensive income during the financial period in which they are incurred. Depreciation is charged so as to allocate the cost of assets less their residual value over their estimated useful lives, using straight-line method. The following annual rates are used for the depreciation of property, plant and equipment. Minor Equipment - 25% Furniture and fixtures - 10% and 20% Office equipment - 25% Motor vehicles - 25% The assets’ residual value and useful lives are reviewed and adjusted, if appropriate, at each statement of financial position date. - 7 -

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The Police Complaints Authority’s SIXTH Annual Report | 89 POLICE COMPLAINTS AUTHORITY NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2014 – (Continued) (Expressed in Trinidad and Tobago Dollars) NOTE B – SIGNIFICANT ACCOUNTING POLICIES – (Continued) (iv) Property, Plant and Equipment – (Continued) Assets are reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount may not be recoverable. An asset’s carrying amount is written down immediately to its recoverable amount if the asset’s carrying amount is greater than the estimated recoverable amount. The amount recoverable is the higher of the asset’s fair value less cost to sell and value in use. Gains and losses on disposals are determined by comparing proceeds with the carrying amount. These are included in the statement of comprehensive income. (v) Financial Assets The Authority classifies its financial assets into the following categories: loans and receivables and available-for-sale. The classification is determined by management at the initial recognition and depends on the purpose for which the assets were acquired. Classification (a) Loans and Receivables Loans and receivables are non-derivative financial assets with fixed or determinable payments that are not quoted in an active market. These are included in current assets, except for maturities greater than 12 months after the statement of financial position date. These are classified as non-current assets and are carried at amortised cost using the effective interest method. (vi) Cash and Cash Equivalents In the statement of cash flows, cash and cash equivalents include cash in hand and amounts held at bank. (vii) Provisions Provisions are recognised when the Authority has a present legal or constructive obligation as a result of past events; it is more likely than not that an outflow of resources will be required to settle the obligation and the amount has been reliably estimated. - 8 - POLICE COMPLAINTS AUTHORITY NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2014 – (Continued) (Expressed in Trinidad and Tobago Dollars) NOTE B – SIGNIFICANT ACCOUNTING POLICIES – (Continued) Where there are a number of similar obligations as a whole, a provision is recognised even if the likelihood of an outflow with respect to any one item included in the service class of obligations may be small. (viii) Trade and Other Payables Trade payables are obligations to pay for services that have been acquired in the ordinary course of operations from suppliers. Accounts payable are classified as current liabilities if payment is due within one year or less (or in the normal operating cycle if longer). If not, they are presented as non-current liabilities. Trade payables are recognised initially at fair value and subsequently measured at amortised cost using the effective interest method. (ix) Revenue Recognition Parliamentary Funding Funds are appropriated by Parliament to cover recurrent and capital expenditure of the Authority. These Funds are credited to the Statement of Income in the accounting period for which the provision was made by Parliament. Revenue is measured at the fair value of the consideration received or receivable and represents amounts appropriated by Parliament. The Authority recognises revenue in the accounting period for which the provision was made by Parliament when the amount of revenue can be reliably measured. NOTE C – RECEIVABLES AND PREPAYMENTS 2014 2013 Sundry receivables $ 23,669 $ 13,259 Security deposits 34,500 - Prepayments 301,198 132,868 $ 359,367 $ 146,127 - 9 -

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90 | The Police Complaints Authority’s SIXTH Annual Report POLICE COMPLAINTS AUTHORITY NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2014 – (Continued) (Expressed in Trinidad and Tobago Dollars) NOTE D – PROPERTY, PLANT AND EQUIPMENT Minor Equipment Furniture & Fixtures Office Equipment Motor Vehicles Total 2014 Total 2013 Cost At beginning of year $ 309,792 $ 362,700 $ 1,024,842 $ 2,048,500 $ 3,745,834 $ 2,549,950 Adjustments - (9,740) - - (9,740) - Disposals 5,222 3,360 19,020 - 27,602 - Additions 195,456 27,754 93,048 - 316,258 1,195,884 At end of year $ 500,026 $ 377,354 $ 1,098,870 $ 2,048,500 $ 4,024,750 $ 3,745,834 Accumulated depreciation At beginning of year $ 58,609 $ 69,173 $ 390,729 $ 772,193 $ 1,290,704 $ 529,925 Adjustments - (4,709) - - (4,709) - Disposals 2,503 1,568 9,652 - 13,723 - Current year charge 92,653 48,253 263,165 512,125 $ 916,196 760,779 At end of year $ 148,759 $ 111,149 $ 644,242 $ 1,284,318 $ 2,188,468 $ 1,290,704 Net book value $ 351,267 $ 266,205 $ 454,628 $ 764,182 $ 1,836,282 $ 2,455,130 - 10 -

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The Police Complaints Authority’s SIXTH Annual Report | 91POLICE COMPLAINTS AUTHORITY NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2014 – (Continued) (Expressed in Trinidad and Tobago Dollars) NOTE H – OPERATING EXPENSES Operating expenses include the following: 2014 2013 Salaries $ 6,604,898 $ 6,233,066 Directors’ Emoluments 1,385,975 1,813,800 Gratuity 865,026 - Consulting and contracting services 2,278,205 1,995,262 Rent 672,500 153,208 Number of employees 48 48 NOTE I – RELATED PARTY TRANSACTIONS A related party is a person or entity that is related to the entity that is preparing the financial statements, that is, the reporting entity. A person is related to a reporting entity if that person is a member of the key management personnel of the reporting entity or has significant influence over the entity. Key management personnel are those persons having the authority and responsibility for planning, directing and controlling the activities of the Authority and means the Director and Deputy Director. Any transaction entered into with a related party in the normal course of operations is considered a related party transaction. The related party transaction herein is the compensation paid to the Director and Deputy Director as determined by His Excellency, the President and charged on the Consolidated Fund. The amount paid for the year ended September 30, 2014 is $2,003,076 which is inclusive of arrears for the period April 1, 2011 to September 30, 2013 (2013: $1,196,700). - 12 - POLICE COMPLAINTS AUTHORITY NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2014 – (Continued) (Expressed in Trinidad and Tobago Dollars) NOTE E – PAYABLES AND ACCRUALS 2014 2013 Sundry payables $ 276,683 $ 382,454 Accruals 35,000 629,482 $ 311,683 $ 1,011,936 NOTE F – PARLIAMENTARY FUNDING 2014 2013 Recurrent expenditure $ 14,400,000 $ 15,209,150 Direct charges 2,060,940 1,196,700 $ 16,460,940 $ 16,405,850 NOTE G – OTHER INCOME 2014 2013 Miscellaneous $ 154 $ 15,277 Transfer of vehicles - 512,000 $ 154 $ 527,277 - 11 -

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92 | The Police Complaints Authority’s SIXTH Annual Report POLICE COMPLAINTS AUTHORITY NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2014 – (Continued) (Expressed in Trinidad and Tobago Dollars) NOTE J – FINANCIAL INSTRUMENTS (i) Fair Values – The carrying amounts of short-term financial assets and liabilities comprising cash in hand and at bank, receivables and prepayments and payables and accruals are a reasonable estimate of their fair values because of the short maturity of these instruments. (ii) Credit Risk – The Authority has no significant concentration of credit risk. NOTE K – CONTINGENT LIABILITY The Authority was formally advised by the Ministry of Labour of a dispute on August 14, 2012. The dispute is before the Industrial Court and the estimated liability is $24,000.00. NOTE L – COMMITMENTS UNDER OPERATING LEASES The Police Complaints Authority occupies the ground floor of a building on a parcel of land located on Milford Road, Tobago. The agreement was made with Charles Elias and Sandra Elias of Young Street Scarborough, Tobago with a monthly rent of $34,500 vat inclusive. The lease commenced on February 1, 2014 for a period of six month with an option to renew the tenancy agreement for additional periods of six months each, up to a maximum term of three years. The lease will expire on January 31, 2017. 2014 2013 Minimum lease payments under operating lease recognised as an expense during the year $ 276,000 $ - At the year end the Authority has outstanding commitments under non-cancelable operating leases that fall due as follows: 2014 2013 Commitments due within one (1) year $ 414,000 $ - Commitments due later than one (1) year but within five (5) years 552,000 - $ 966,000 $ - - 13 - POLICE COMPLAINTS AUTHORITY SCHEDULE OF OPERATING EXPENSES (Expressed in Trinidad and Tobago Dollars) Year Ended September 30 2014 2013 Advertising $ 54,865 $ 48,000 Fees 585,928 244,177 Salaries 6,604,898 6,233,066 Gratuity 865,026 - Staff training 81,354 75,345 Directors’ Salaries 828,707 1,119,300 Directors’ Allowances 557,268 694,500 Electricity 19,309 - Books and Periodicals 24,075 42,819 Allowances 595,730 394,450 National insurance 431,759 376,463 Minor assets 20,397 57,309 Office stationery and supplies 261,375 312,029 Local travel 474,477 265,831 Witness Assistance 40 40 Relocation of PCA 550 65,128 Materials and Supplies 59,512 91,403 Accommodation 638,000 153,208 Telecommunications 766,011 661,244 Repairs and maintenance 25,493 173 Motor vehicle expenses 126,225 106,661 Public Education 29,103 245,183 Bank charges 2,431 1,987 Entertainment 317,834 155,038 Official Visits to Tobago 242,095 90,130 Tobago Office 569,792 - Travel and Accommodation 372,359 254,164 Dues and subscriptions 2,768 18,112 Insurances 183,891 213,011 Consultancy and contracted services 2,278,205 1,995,262 Health plan contributions 122,571 118,779 Computerisation of systems - 180,391 Special Events and Projects 230,160 206,209 $ 17,372,208 $ 14,419,412 NOT FOR ISSUE - 14 -

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94 | The Police Complaints Authority’s SIXTH Annual Report 2 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGONote on Subsidiary LegislationThis Chapter contains no subsidiary legislation.Note on Section 53Section 53 amends section 23(6) of the Domestic Violence Act, Chap. 45:56.See Act No. 8 of 2006.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 3LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/2009Police Complaints Authority Chap. 15:05 3LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/2009CHAPTER 15:05POLICE COMPLAINTS AUTHORITY ACTARRANGEMENT OF SECTIONSSECTIONPART IPRELIMINARY1. Short title.2. Commencement.3. Act inconsistent with Constitution.4. Interpretation.PART IITHE POLICE COMPLAINTS AUTHORITY5. Establishment of the Authority.6. Membership of the Authority.7. Qualification of Director and Deputy Director.8. Disqualification of Director and Deputy Director.9. Tenure of office.10. Gazetting of membership.11. Acting appointment.12. Revocation of appointment.13. Resignation.14. Remuneration.15. Location.16. Staff.17. Funding.18. Auditing of accounts.19. Independence of the Authority.20. Annual report.PART IIIPOWERS AND FUNCTIONS OF THE AUTHORITY21. Functions of the Authority.22. Powers of the Authority.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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The Police Complaints Authority’s SIXTH Annual Report | 954 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGOARRANGEMENT OF SECTIONS—ContinuedSECTION23. Co-operation with any person or body.24. Exercise of the functions of the Authority.25. Power to appoint specialists.PART IVINVESTIGATIONS26. Investigation on receipt of complaint.27. Limitation to make complaint.28. Making or continuing of complaint on behalf of complainant.29. Recording of complaint.30. Preliminary investigation.31. Entry to public premises.32. Entry to private premises.33. Application to High Court.PART VHEARINGS34. Hearings.35. Public and private hearings.36. Evidence and procedure.37. Hearings in relation to judicial proceedings.38. Right of appearance of interested person.39. Legal representation.40. Power to summon witnesses.41. Examination and cross-examination of witness.42. Legal assistance for witnesses.43. Financial assistance for witnesses.44. Conclusion of investigation.PART VIMISCELLANEOUS PROVISIONS45. Contempt of the Authority.46. Punishment of contempt.4 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 5LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/2009SECTION47. Offences.48. Effect of Act on the powers of the Commission and the Commissioner.49. Liability for proceedings.50. Regulations.51. Transitional.52. Repeal.53. Amendment to written law.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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96 | The Police Complaints Authority’s SIXTH Annual Report 6 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGOCHAPTER 15:05POLICE COMPLAINTS AUTHORITY ACTAn Act to establish an independent body to investigatecriminal offences involving police officers, policecorruption and serious police misconduct and for otherrelated matters.*[ASSENTED TO 13TH APRIL 2006]WHEREAS it is enacted inter alia by subsection (1) of section 13of the Constitution that an Act to which that section applies mayexpressly declare that it shall have effect even thoughinconsistent with sections 4 and 5 of the Constitution and, if anysuch Act so declare, it shall have effect accordingly:And whereas it is provided by subsection (2) of the saidsection 13 of the Constitution that an Act to which this sectionapplies is one the Bill for which has been passed by both Housesof Parliament and at the final vote thereon in each House hasbeen supported by the votes of not less than three-fifths of all themembers of that House:And whereas it is necessary and expedient that theprovisions of this Act shall have effect even though inconsistentwith sections 4 and 5 of the Constitution:PART IPRELIMINARY1. This Act may be cited as the Police ComplaintsAuthority Act.2. This Act came into operation on 1st January 2007.3. This Act shall have effect even though inconsistent withsections 4 and 5 of the Constitution.*See section 2 for the date of commencement.8 of 2006.Preamble.Short title.Commencement.[329/2006].Act inconsistentwithConstitution.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 7LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/20094. In this Act—“Authority” means the Police Complaints Authority establishedunder section 5;“Commission” means the Police Service Commissionestablished under section 122(1) of the Constitution;“Commissioner” means the Commissioner of Police;“complaint” includes an allegation of—(a) police corruption; (b) serious police misconduct; (c) the commission of a criminal offence by apolice officer; or (d) the commission of a criminal offence by anyother person but involving a police officer, which is submitted to the Authority; “financial institution” means a company which carries on orused to carry on all or any aspect of banking business orbusiness of a financial nature as defined in the FinancialInstitutions Act;“Minister” means the Minister to whom responsibility fornational security is assigned;“police corruption” means an act done with an intent that isillegal, dishonest or fraudulent or failing to act in order toreceive an advantage or reward whether financial orotherwise, personally or for another person, group ororganisation, or exercising a legitimate discretion forimproper reasons, or employing illegal means to achieveapproved goals;“police officer” means—(a) a member of the Police Service;(b) a member of the Municipal Police Force,established under the Municipal CorporationsAct, and Interpretation.Ch. 79:09.Ch. 25:04.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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The Police Complaints Authority’s SIXTH Annual Report | 978 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGO(c) a member of the Special Reserve Police,established under the Special ReservePolice Act, at the material time;“Police Service” means the Police Service established undersection 4 of the Police Service Act;“serious police misconduct” means the commission of adisciplinary offence under the Police Service Regulationswhich the Authority considers to be so serious as to bringthe Police Service into disrepute;“Service Commission” means a Service Commission establishedunder the Constitution.PART IITHE POLICE COMPLAINTS AUTHORITY5. (1) There is established a body to be known as thePolice Complaints Authority.(2) The Authority shall be a corporate body.6. (1) The Authority shall comprise a Director and aDeputy Director to be appointed by the President on the jointadvice of the Prime Minister and the Leader of the Opposition. (2) In the event the Prime Minister and the Leader of theOpposition cannot agree on the joint advice, the President shallappoint the Director and the Deputy Director, after consultationwith the Prime Minister and the Leader of the Opposition.7. A person appointed by the President as Director or DeputyDirector shall have at least ten years experience as an Attorney-at-law, and may be appointed from within the Commonwealth.8. No person is qualified to be appointed as Director orDeputy Director if that person—(a) is a member of—(i) the Senate;(ii) the House of Representatives;Ch. 15:03.Ch: 15:01.Sub. Leg.Establishmentof theAuthority.Membership ofthe Authority.Qualification ofDirector andDeputyDirector.Disqualificationof Director andDeputyDirector.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 9LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/2009(iii) the Tobago House of Assembly;(iv) a Municipal Corporation; or(b) was at any time during the three years precedingappointment—(i) a member of the Senate;(ii) a member of the House ofRepresentatives;(iii) a member of the Tobago House ofAssembly;(iv) a member of a Municipal Corporation; or(v) a candidate for election to membership ofthe House of Representatives, the TobagoHouse of Assembly or a MunicipalCorporation; or(c) is or was a police officer;(d) is an undischarged bankrupt;(e) has at any time had a record of a criminalconviction for any indictable or summaryoffence which carries a term of imprisonment ofthree or more months; or(f) has been dismissed from the Public Service.9. (1) The appointment of a person as the Director orDeputy Director shall, subject to this Act, be for a period not lessthan three years, but not exceeding five years.(2) A person mentioned in subsection (1) is eligible forreappointment.10. The first appointment of the Director and DeputyDirector and every subsequent appointment shall be publishedby the Authority in the Gazette.11. Where the Director or Deputy Director is absent orunable to perform his duties, the President may, in accordancewith sections 6 and 7 appoint another person to act in the placeof the Director or Deputy Director.Tenure ofoffice.Gazetting ofmembership.Actingappointment.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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98 | The Police Complaints Authority’s SIXTH Annual Report 10 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGO12. The President, acting in his discretion, may revoke theappointment of a person as Director or Deputy Director where heis satisfied that the person—(a) has, without reasonable excuse, failed to carryout his prescribed duties for a continuous periodof three months;(b) is unable to discharge the functions of hisoffice, whether arising from infirmity of mindor body or any other cause, or formisbehaviour; or(c) has become a person who would be disqualifiedfor appointment pursuant to section 8.13. (1) The Director or Deputy Director may resign fromhis office, by instrument in writing addressed to the President.(2) A resignation under this section takes effect fromthe date of receipt of the instrument of resignation by thePresident.14. (1) The President shall determine the salary andallowances to be paid to the Director and Deputy Director.(2) The salary and allowances of the Director andDeputy Director shall be a charge on the Consolidated Fund.(3) The salary and allowances payable to the holder ofan office to which subsection (1) applies and his other terms ofservice shall not be altered to his disadvantage after hisappointment.15. (1) The Authority shall be located in the place providedfor it by the Government and its address shall be immediatelypublished in the Gazette and in two daily newspapers incirculation in Trinidad and Tobago and thereafter suchpublication shall be made annually.(2) Where the address of the Authority is changed, thenew address shall be published in accordance with subsection (1).Revocation ofappointment.Resignation.Remuneration.Location.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 11LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/200916. (1) The Authority shall be provided with adequate stafffor the discharge of its functions.(2) The Authority shall employ such members of staffas it requires for the performance of its functions on such termsand conditions as are agreed upon between the employee andthe Authority.(3) An officer in the Public Service may, with theapproval of the Authority and the appropriate ServiceCommission, consent to be appointed on transfer to the serviceof the Authority upon terms and conditions no less favourablethan those enjoyed by him in the Public Service.(4) For the purpose of superannuation and pensionrights, an officer shall, upon transfer, be treated as continuing inthe Public Service.(5) An officer in the Public Service may, with the approvalof the Authority and the appropriate Service Commission, consentto be seconded to the service of the Authority.(6) Part III of Chapter III of the Civil ServiceRegulations shall apply to an officer who is seconded to theAuthority under subsection (5).17. The funds of the Authority shall consist of such moniesas are appropriated to it by Parliament from time to time.18. (1) The Authority shall keep an account of all itsfinancial transactions in accordance with General AccountingPrinciples and Practices, and ensure that all payments out of thefunds of the Authority are duly authorised.(2) The accounts of the Authority shall be auditedannually by the Auditor General or by an auditor authorised byhim for such purpose.19. The Authority is not subject to the direction or control ofany other person in the performance of its functions undersection 21 and the exercise of its powers under section 22.Staff.Ch. 23:01.Funding.Auditing ofaccounts.Independenceof theAuthority.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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The Police Complaints Authority’s SIXTH Annual Report | 9912 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGO20. (1) The Authority shall, within three months of the endof each financial year, submit to the Minister in respect of thepreceding financial year— (a) an annual report of its activities in the precedingfinancial year; and (b) a copy of the audited statement of accounts andsuch information relating to the operation of theAuthority as the Minister may require. (2) The Minister shall cause a copy of the annual reportand audited statement to be laid in Parliament within three monthsof its receipt and if Parliament is not then in session, within twenty-eight days of the commencement of its next session.(3) The Authority may on its own initiative or at therequest of the Minister conduct an investigation and submit aspecial report to the Minister who shall cause it to be laid inParliament in accordance with subsection (2).PART IIIPOWERS AND FUNCTIONS OF THE AUTHORITY21. (1) The functions of the Authority are to—(a) investigate criminal offences involving policeofficers, police corruption and serious policemisconduct;(b) undertake inquiries into, or audits of, any aspectof police activities for the purpose ofascertaining whether there is police corruptionor serious police misconduct or circumstancesthat may be conducive to both;(c) monitor an investigation conducted by anyperson or authority in relation to any mattermentioned in paragraph (a) and to undertakeaudits of those investigations;(d) advise the Police Service and other publicauthorities on ways in which police corruptionand serious police misconduct may beeliminated;Annual report.Functions ofthe Authority.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 13LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/2009(e) gather evidence that may be admissible in theprosecution of a person who is not a policeofficer for a criminal offence in relation to thePolice Service and to furnish that evidence tothe Director of Public Prosecutions, or where anauthority outside the State is concerned, theAttorney General;(f) gather evidence that may be used in theinvestigation of serious police misconduct andfurnish such evidence to the Commissioner orthe Commission for appropriate action;(g) gather evidence that can be used in theprosecution of a police officer involved in acriminal offence and furnish such evidence tothe Director of Public Prosecutions; or(h) perform any other functions that may beconferred on it by any other written law.(2) Evidence referred to in subsection (1)(e) and (f) maybe accompanied by any observation that the Authority thinksappropriate together with recommendations as to what action theAuthority considers should be taken in relation to the evidence.(3) If the Authority obtains any information in thecourse of an investigation under subsection (1) relating to theexercise of the function of a public body or authority, other thanthe Integrity Commission or Ombudsman, the Authority mayfurnish the information to the Minister responsible for the bodyor authority together with such recommendations relating to theexercise of the function of that body or authority as the Authoritythinks appropriate.(4) Notwithstanding any written law to the contrary,information and evidence obtained by the Authority in theperformance of its function under this Act is confidential.(5) Subsection (4) shall not apply if the information andevidence is required for proceedings under the Official SecretsAct, 1911, for perjury or contempt of the Authority. MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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100 | The Police Complaints Authority’s SIXTH Annual Report 14 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGO22. (1) For the purpose of the performance of its functionsand subject to this Act, the Authority has the powers of acommission of enquiry established under the Commissions ofEnquiry Act as if it were a commission of enquiry for the purposeof that Act.(2) Notwithstanding subsection (1), the Authority shallalso have the power to require—(a) any person to produce, within a specified time,all books, records, accounts, reports, data,stored electronically or otherwise, or any otherdocuments relating to the functions of anypublic body or authority;(b) any person, within a specified time and inwriting, to provide any information or to answerany question which the Authority considersnecessary in connection with any investigationwhich the Authority is empowered to conductunder this Act; and(c) that any facts, matters or documents relating toa complaint, be verified or otherwiseascertained by oral examination of the personmaking the complaint.(3) Notwithstanding subsection (1), where, in thecourse of an investigation, the Authority is satisfied that there isa need to expand its investigations, it may exercise the followingpowers:(a) require any person to furnish a statement inwriting—(i) enumerating all real or personal propertybelonging to or possessed by that personin Trinidad and Tobago or elsewhere, orheld in trust for him, and specifying thedate on which each property wasacquired, the consideration paid andwhether it was acquired by way ofpurchase, gift, inheritance or otherwise;Powers of theAuthority.Ch. 19:01.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 15LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/2009(ii) specifying any monies or other propertyacquired in Trinidad and Tobago orelsewhere or sent out of Trinidad andTobago by him or on his behalf during aspecified period;(b) require any person to furnish, notwithstandingany other law to the contrary, all information inhis possession relating to the affairs of anyperson being investigated and to produce orfurnish any document or copy of any documentrelating to the person under investigation andwhich is in the possession or under the controlof the person required to furnish theinformation;(c) require the manager of any financial institution,in addition to furnishing information specifiedin paragraph (b), to furnish any information orcertified copies of the accounts or the statementof accounts at the financial institution of theperson being investigated.(4) A person who fails or refuses to disclose anyinformation or to produce any document under this sectioncommits an offence and is liable on summary conviction to a fineof fifty thousand dollars and to imprisonment for five years.23. In the performance of its functions, the Authority may, asit thinks appropriate—(a) work in co-operation or in consultation with; or(b) disseminate intelligence and information to,any person or body, whether public or private.24. The powers and functions of the Authority areexercisable by—(a) the Director or Deputy Director personally; (b) any person not being a police officer appointedby the Authority to conduct an investigation; orCo-operationwith any personor body.Exercise of thefunctions of theAuthority.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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The Police Complaints Authority’s SIXTH Annual Report | 10116 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGO(c) any other person acting under and inaccordance with the general or specialinstructions of either the Director or DeputyDirector.25. The Authority may, on such terms and conditions as itthinks fit, engage any suitably qualified person to provide it withservices and assistance in the exercise of its functions.PART IVINVESTIGATIONS26. The Authority may conduct an investigation on its owninitiative or on the basis of a complaint made by a member of thepublic, a police officer, a public body or authority, or theappropriate unit or a disciplinary tribunal of the Police Service.27. (1) A complaint shall not be entertained under this Actunless it is made to the Authority not later than one year from theday on which the person making the complaint first had notice ofthe matter alleged in the complaint.(2) The Authority may conduct an investigationpursuant to a complaint not made within the period prescribed insubsection (1) if it considers that there are special circumstanceswhich make it proper to do so. 28. Where a person—(a) makes a complaint under this Act and dies; (b) makes a complaint and for any reason is unableto act for himself after making the complaint; or(c) could have made a complaint but died beforedoing so or is for any reason unable to act forhimself,the complaint may be made or continued by his personalrepresentative, a member of his family or other individualsuitable to represent him.Power toappointspecialists.Investigation onreceipt ofcomplaint.Limitation tomakecomplaint.Making orcontinuing ofcomplaint onbehalf ofcomplainant.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 17LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/200929. The Authority shall ensure that a permanent record ofevery complaint, the proceedings and the result of theinvestigation are maintained.30. (1) The Authority may conduct a preliminaryinvestigation to assist it to identify whether or not there isconduct to justify a more complete investigation under the Act,or refer it to the Director of Public Prosecutions, Commissioneror the Commission for further action.(2) The Authority may, in considering whether or not toconduct, continue or discontinue an investigation have regard tosuch matters as it thinks fit including whether or not in its view—(a) the subject matter of the investigation is trivial;(b) the conduct or matter concerned occurred at tooremote a time to justify an investigation; or(c) the complaint is frivolous, vexatious or notmade in good faith.(3) Where the Authority has decided to refer a matterunder subsection (1) or to discontinue a matter undersubsection (2), the Authority shall, in writing, immediatelyinform the person who made the complaint of the decision takenand the reason for that decision. 31. (1) For the purpose of an investigation, the Authoritymay—(a) enter and inspect any premises occupied or usedby a public body or authority in that capacity; (b) inspect any document or other thing in thepremises; and(c) take copies of any document in the premises.(2) A public body or authority shall make available tothe Authority such facilities as are necessary to enable thepowers conferred by this section to be exercised.(3) Subsection (1) shall not apply where—(a) under any law an objection to production of thedocument or other thing may be upheld;Recording ofcomplaint.Preliminaryinvestigation.Entry to publicpremises.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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102 | The Police Complaints Authority’s SIXTH Annual Report 18 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGO(b) public interest may justify an objection to aninspection of the premises; (c) a public or local authority or public officialacting in such capacity enjoys a privilege underany law; or(d) under any law, any duty of secrecy or otherrestriction on disclosure applies to a publicauthority or public official.32. (1) Where the Authority wishes to enter privatepremises in furtherance of an investigation it shall first get asearch warrant from a Court.(2) For the purpose of an investigation, the Authoritymay—(a) enter and inspect any premises occupied or usedby a person; (b) inspect any document or other thing in thepremises; and(c) take copies of any document in the premises.(3) A person shall make available to the Authority suchfacilities as are necessary to enable the powers conferred by thissection to be exercised.33. The High Court may, on an application made by theAuthority, make any order, issue such writs and give suchdirections as it may consider appropriate for the purpose ofenforcing this Act.PART VHEARINGS34. The Authority may hold hearings for the purpose ofconducting an investigation.35. The Authority may hold its hearings in public or inprivate, or partly in public and partly in private as it considersappropriate.Entry to privatepremises.Application toHigh Court.Hearings.Public andprivatehearings.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 19LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/200936. (1) When conducting a hearing the Authority is notbound by the rules or practice of evidence and can inform itselfon any matter in such manner as it considers appropriate.(2) The Authority is required to exercise its functionswith as little formality and technicality as is possible.(3) The Authority may require hearings to be conductedwith as little emphasis on an adversarial approach as is possibleand wherever possible, written submissions may be presented.37. Where the subject matter of a complaint or aninvestigation is the subject matter of judicial proceedings, theAuthority shall not commence or continue an investigationpending the final outcome of those proceedings.38. Where a person satisfies the Authority that he has asubstantial or direct interest in the subject matter of a hearing, theAuthority may authorise him to appear at the hearing or aspecified part of the hearing.39. (1) The Authority may allow a person giving evidenceat a hearing to be represented by an Attorney-at-law.(2) The Authority may appoint an Attorney-at-law toassist it at a hearing.40. (1) The Authority may summon a person to appear at ahearing at a time and place named in the summons—(a) to give evidence; or(b) to produce such documents or other things asare referred to in the summons.(2) The Authority may require a person appearing at ahearing to give evidence on oath or affirmation. (3) A witness who has been summoned to attendbefore the Authority shall appear and report from day to dayunless he is excused from attendance or until he is releasedfrom further attendance.Evidence andprocedure.Hearings inrelation tojudicialproceedings.Right ofappearance ofinterestedperson.Legalrepresentation.Power tosummonwitnesses.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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The Police Complaints Authority’s SIXTH Annual Report | 10320 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGO(4) No person shall be compelled for the purpose of aninvestigation under this Act to give any evidence or produce anydocument which he could not be compelled to give or produce injudicial proceedings.41. (1) A person authorised or required to appear at ahearing or his Attorney-at-law may, with the leave of theAuthority, examine or cross-examine any witness on any matterthat the Authority considers relevant.(2) An Attorney-at-law appointed by the Authority toassist it may examine or cross-examine any witness on anymatter that the Authority considers relevant.(3) A witness examined or cross-examined under thissection has the same protection and is subject to the sameliabilities as a witness in judicial proceedings.42. (1) A witness who appears or is about to appear beforethe Authority may apply for legal assistance.(2) The Authority may approve the grant of legalassistance to the applicant if it is satisfied that this is appropriate,having regard to—(a) any injustice to the witness if assistance isdeclined;(b) the significance of the evidence that the witnessis giving or appears likely to give; and(c) any other relevant matter. 43. (1) Subject to subsection (2), a witness who appearsbefore the Authority may be paid such reasonable expenses asmay be determined by the Authority.(2) The Authority may pay such reasonable expenses to awitness if it is satisfied that this is appropriate, having regard to—(a) the prospect of hardship to the witness ifassistance is declined; and(b) any other relevant matter. Examinationand cross-examination ofwitness.Legalassistance forwitnesses.Financialassistance forwitnesses.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 21LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/200944. (1) Upon the conclusion of an investigation, theAuthority shall make an assessment and form an opinion as towhether or not the subject matter of a complaint—(a) has or may have occurred;(b) is or may be occurring; (c) is or may be about to occur; or(d) is likely to occur.(2) The Authority may, based on its assessment oropinion under subsection (1), recommend whether considerationshould be given to prosecute any person for a criminal offence orinvoke disciplinary proceedings against any person, and makerecommendations for the taking of any other action that theAuthority considers appropriate. (3) The Authority shall, in writing, immediately informthe person who made the complaint and the police officerconcerned of the action taken and the reasons for such action.PART VIMISCELLANEOUS PROVISIONS45. (1) A person who—(a) having been served with a summons to attendbefore the Authority as a witness, fails to attend;(b) is a witness and who departs from a hearingwithout the authority of the person holdingthe hearing;(c) having been served with a summons to produceany document or other thing in his custody orcontrol, fails to do so;(d) being called or examined as a witness before theAuthority, refuses to be sworn or to make anaffirmation or refuses or otherwise fails toanswer any question put to him; (e) misbehaves before the Authority;(f) interrupts the proceedings of the Authority;Conclusion ofinvestigation.Contempt ofthe Authority.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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104 | The Police Complaints Authority’s SIXTH Annual Report 22 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGO(g) obstructs or attempts to obstruct the Director, aDeputy Director or a person acting with theauthority of the Authority in the exercise of anylawful function;(h) publishes or discloses, or permits or allows tobe published or disclosed, any evidence givenbefore the Authority or any of the contents of adocument produced at a hearing which theAuthority has ordered not to be published ordisclosed; or(i) does any other thing that, if the Authority werea Court, would be contempt of Court,commits a contempt of the Authority.(2) Subsection (1)(h) does not apply to an officer of theAuthority in the lawful performance of his functions.46. (1) A contempt of the Authority may be dealt with inaccordance with this section.(2) The Director may present to the High Court, acertificate setting out the details which the Director considersconstitute the contempt.(3) Where an offence is certified under subsection (2),the Court may inquire into the matter and after hearing anywitness who may be produced against or on behalf of the personcharged for the offence, and after hearing any statement that maybe offered in defence, deal with him in any manner in which theCourt could deal with him if he had committed the like offencein relation to the Court.(4) Where a person is punished under this section, he isnot relieved from complying with a summons issued by theAuthority, and the Authority may enforce his attendance bya warrant.(5) A person is not liable to be punished for contempt ofthe Authority if he establishes that there was a reasonable excusefor the act or omission concerned.Punishment ofcontempt.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 23LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/200947. A person who—(a) obstructs an officer or member of staff of theAuthority in the exercise of the functions orpowers of the Authority;(b) procures false testimony of a witness;(c) knowingly gives false or misleading evidence ata hearing;(d) bribes a witness;(e) in any way causes a disadvantage to a personbecause that person appeared as a witnessbefore the Authority;(f) impersonates an officer or member of staff ofthe Authority;(g) assaults an officer or member of staff of theAuthority in the performance of his functions;(h) without lawful justification or excuse—(i) hinders or resists the Authority or anyother person in the discharge of functionsunder this Act; (ii) fails to comply with any lawfulrequirement of the Authority or any otherperson under this Act; or(iii) discloses confidential information;(i) knowingly misleads the Authority or an officerof the Authority by giving false information; or(j) knowingly makes or causes to be made, a falsecomplaint,commits an offence and is liable on summary conviction to a fineof fifty thousand dollars and to imprisonment for five years.48. (1) Subject to subsection (2), nothing in this Actprevents or affects the exercise of the functions and powers ofthe Commission and the Commissioner under any law.(2) Where the Commission or the Commissionerreceives information or a complaint in relation to any of theOffences.Effect of Act onthe powers oftheCommissionand the Commissioner.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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The Police Complaints Authority’s SIXTH Annual Report | 10524 Chap. 15:05 Police Complaints AuthorityLAWS OF TRINIDAD AND TOBAGOmatters mentioned in section 21(1)(a), the Commission or theCommissioner shall immediately inform the Authority of theinvestigation in writing and the Authority shall have the soleresponsibility for dealing with those matters.49. (1) Subject to subsection (2), no matter or thing done bythe Authority or any member of or any person acting under theauthority of the Authority shall, if the matter or thing was donein good faith for the purpose of giving effect to the purpose ofthis Act or any other written law, subject the member or personso acting personally to any action, liability, claim or demand. (2) In proceedings for defamation in relation to anyhearing or other matter connected with the exercise of thefunctions of the Authority under this Act, there is a defence ofabsolute privilege for a publication to or by the Authority or anofficer of the Authority as such officer.50. The Minister may make Regulations to give effect to thepurpose of this Act. 51. (1) Where before the date of commencement of this Actany complaint has been received or matter commenced by or underthe authority of the Police Complaints Authority or the PoliceService under the Police Complaints Authority Act, (repealed bythis Act and hereinafter referred to as “the former Authority”), thatcomplaint, matter or thing shall be dealt with and completed by theAuthority as if it were received or commenced under this Act.(2) Members of the Police Complaints Authorityappointed under the former Authority shall continue in officein accordance with their respective instruments ofappointment subject to the provisions of termination andremoval under this Act.(3) Any arrangement, contract, or document prepared,made or executed by or on behalf of the former Authority shallcontinue and is deemed to have been prepared, made or executedby the Authority pursuant to this Act.Liability forproceedings.Regulations.Transitional.17 of 1993.MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007Police Complaints Authority Chap. 15:05 25LAWS OF TRINIDAD AND TOBAGOL.R.O. 1/2009(4) All rights, obligations and liabilities of the formerAuthority immediately before the date of commencement of thisAct are, from that date, deemed to be the rights, obligations andliabilities of the Authority. (5) In any written law and in any document, unless thecontext otherwise requires, any reference to the former Authorityshall be construed as a reference to the Authority.(6) Any monies standing to the account of the formerAuthority in any financial institution shall vest in and belong tothe Authority from the date of commencement of this Act.52. The Police Complaints Authority Act, 1993 is repealed.*53.This section has been omitted as it applies to anamendment to another Act which has been includedtherein.*See Note on page 2.Repeal.17 of 1993.}MINISTRY OF LEGAL AFFAIRSwww.legalaffairs.gov.ttUPDATED TO DECEMBER 31ST 2007

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106 | The Police Complaints Authority’s SIXTH Annual Report ANACTto amend certain enactments to providefor the vesting of functions and powers in theMinister of Justice[Assented to 7th June, 2011]ENACTEDby the Parliament of Trinidad and Tobago asfollows:1 . This Act may be cited as the MiscellaneousProvisions (Ministry of Justice) Act, 2011.EnactmentShort titleFirst Session Tenth Parliament Republic of Trinidad and TobagoREPUBLIC OF TRINIDAD AND TOBAGOAct No. 12 of 2011[L.S.]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 amended