PCA Annual Report 2016 / 2017 : simplebooklet.com

The Police Complaints Authority’s SEVENTH Annual Report | 5Director’s RemarksIt is axiomatic that the work of civilian oversight of law enforcement requires those at the helm to have a genuine and relentless commitment to what the organization holds as paramount.By and large, oversight bodies operate in an environment in which the interests of stakeholders often conict: Police may wish to retain their historic ability to determine complaints made against their own and may fail to provide the requisite cooperation to the civilian oversight body; Police associations may be openly hoile; Politicians may like the appearance of accountability but may be hesitant to truly support civilian oversight through funding and legislative authority; and the Public may not fully understand the constraints under which the civilian oversight body operates.Due to the fact that there will be challenges of magnanimous proportions, those who lead independent civilian oversight bodies must take a stand for what they truly believe.As Director, I state unreservedly, that the Police Complaints Authority (“PCA”) is commited to nding the truth and ensuring justice in all matters within its jurisdiction. The Deputy Director, Ms. Michelle Solomon-Baksh, (who joined me at the helm on June 29, 2017 following the departure of Mr. Andrew Stroude on May 8, 2017), and I share a common vision for the organization. Director, Police Complaints Authority

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6 | The Police Complaints Authority’s SEVENTH Annual Report Together, we have been working assiduously to continue to motivate and inspire our Staff to produce extraordinary results in the face of constraints and adverse commentary.We envision a PCA which takes full control over the ultimate direction of all of its matters and delivers justice in a timely manner. To make this a reality, we believe that we must inspire the political will to truly support all legislative amendments the PCA requires. We must build a better relationship with the Ofce of the Commissioner of Police who must in turn cause all ofcers under his purview to recognize the authority of the PCA and to cooperate with our investigative ofcers. We must engage the public effectively so that they may understand the role of oversight and in so doing manage their expectations. We must continue to have the courage and audacity to enforce breaches of our Act. We must take bold steps to assert ourselves in the public interest and allow our voice to be heard by all including those who have the power to revise archaic guidelines under which the subjects of oversight operate.In networking with other leaders in oversight, it is clear that the PCA’s problems are not unique but are experienced by those who walk a similar path both regionally and internationally. It is for this reason that we are committed to partnering with them to nd solutions which may positively impact the service we offer. So great is our commitment that the PCA was a driving force in unifying oversight leaders at our Oversight of Law Enforcement Conference in March, 2016. Our hopes then, were realized at the Caribbean Use of Force in Law Enforcement Conference hosted by the Independent Commission of Investigations at the Jamaica Conference Centre in Jamaica in May 2017, after which the Caribbean Association for Oversight of Law Enforcement agreement (“CAFOLE”) was executed. In this connection, it is with great pride that I report that the PCA was responsible for the rst draft of this landmark agreement which is nothing shy of a beacon of hope for collaboration in oversight. [See Appendix-page 72]. The Deputy Director and I know that retaining the Public’s condence requires more than rhetoric. Our commitment to delivering effective oversight is evident in the progress the PCA has made in the closure of a record number of complaints in the nancial period under review. The PCA closed eight hundred and twenty-nine (829) matters during the period. Of these seventeen (17) were forwarded to the Director of Public Prosecutions and eighty (80) were forwarded to the Commissioner of Police. Included among these was our investigation into what is colloquially known as “the Day of Total Policing”- a matter which attracted great public interest and attention. Emerging out of this investigation were

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The Police Complaints Authority’s SEVENTH Annual Report | 7recommendations to the Director of Public Prosecutions, the Ofce of the Commissioner of Police and the Police Service Commission. Pursuant to the Authority’s function under Section 21 (1) (d) of the PCA Act, advice was provided on 21 ways in which police corruption and misconduct may be eliminated. The Authority believes that these achievements were due to the implementation of a new case management system and to the herculean efforts of our dedicated investigative, legal and supporting operational staff who have come together in an unprecedented way to deliver to the Public for whom we have the honour to serve. It is with the Public at the forefront that the Authority took a decision to create a mobile application (“app”) which launched on September 30, 2017. This app allows us greater accessibility not only to incident reports in real time but also facilitates feedback on our service. In a further effort to service the Public the PCA opened its door in Tobago in 2014 and is currently located at Caribana Building, Bacolet Street in Scarborough. Section 15 (1) of the PCA Act provides, “The Authority shall be located in the place provided for it by the Government…”. During the period under review, the Property and Real Estate Services Division (PRESD) ofcially assigned this location to the PCA on August 1, 2017. The PCA recognizes that the advent of social media has completely revolutionized the way people communicate, the speed at which content is shared and consumed, and the way businesses work. Embracing these truths, the PCA upgraded its Facebook page which now includes a “Know Your Rights” segment which is released weekly. The Authority has high hopes for this pioneering organization which we lead and in recognition of this, continued its recruitment efforts which culminated in the appointment of eight (8) new members of staff, leaving our total staff complement at fty six (56) as at September 30, 2017. Included among the recruits is a statistician and investigators with expertise in crime scene investigation. Undoubtedly, the PCA is in a much-needed transformational phase which the Authority is condent will result in effective oversight and value to the society as a whole. We trust and hope that all stakeholders will support us in our quest to deliver on what we have been mandated to do.David WestDirector, Police Complaints Authority

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8 | The Police Complaints Authority’s SEVENTH 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.DeparturesDuring the period under review, the Authority’s second Deputy Director, (Mr. Andrew Stroude) tendered his resignation to His Excellency Anthony Thomas Aquinas Carmona, O.R.T.T., S.C. on May 8, 2017. 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 third Deputy Director, (Ms. Michelle Solomon-Baksh) was appointed by His Excellency Anthony Thomas Aquinas Carmona, O.R.T.T., S.C. on June 29, 2017. Our Purpose And Our OperationsSecond Deputy Director Mr. Andrew StroudeThird Deputy Director Ms. Michelle Solomon-Baksh

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The Police Complaints Authority’s SEVENTH 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 inquiries into, or audits of, any aspect of police activities for the purpose of ascertaining whether there is police corruption or serious police misconduct or circumstances that may be conducive to both;(c) 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 SEVENTH Annual Report Annual ReportSection 20 (1) of the Act imposes a statutory obligation on the Authority to submit to the Minister1 an annual report of its activities in the preceding nancial year and a copy of the audited statement of accounts for that period for laying in Parliament. The Trinidad and Tobago Gazette (Extraordinary) Vol. 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, 2016 to September 30, 2017.Audited AccountsFinancial Statements 2017Section 18 (2) of the PCA 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.The Financial Statements of the Authority for the nancial year ended September 30, 2017 were forwarded to the Auditor General for audit in compliance with the Act.A Financial Report on the receipts and expenditure of the PCA for the period October 1, 2016 to September 30, 2017 is published on page 11 of this Annual Report. Audited Financial Statements 2015 and 2016 The Financial Statements for 2015 and 2016, referred to in the PCA’s Annual Reports for those years respectively, have been audited and forwarded with the Auditor General’s Reports to the Honourable Attorney General and Minister of Legal Affairs for laying in Parliament in accordance with Section 20 (2) of the Act.1 By section 6 of the Miscellaneous Provisions (Ministry of Justice) Act, 2011 – “ “Minister” means the Minister to whom responsibility for the Police Complaints Authority is assigned;”

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The Police Complaints Authority’s SIXTH Annual Report | 11Financial Report For The Period October 1, 2016 To September 30, 2017The PCA was allocated funding in the sum of Seventeen Million dollars ($17,000,000.00) to facilitate capital and recurrent expenditure for the nancial year 2016/2017. The Authority was also allocated an amount of One Million, Seven Hundred and Thirty Thousand dollars ($1,730,000.00) to meet the payment of direct charges on the Consolidated Fund.The amount of Eighteen Million and Thirty Thousand dollars ($18,030,000.00) was released to the Authority during the nancial year 2016/2017. The sum of Fifteen Million, Ninety One Thousand, Three Hundred and Eighty-Six dollars ($15,091,386.00) was expended under Sub-Item 01 and the sum of One Million, Three Hundred and Fifty-Two Thousand, Two Hundred and Fourteen Dollars ($1,352,214.00) was expended in respect of Sub-Item 04 - Direct Charges. 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 $16,300,000.00 $15,091,386.00 Authority04: Police Complaints Authority $ 1,730,000.00 $ 1,730,000.00 $ 1,352,214.00 -Direct Charges TOTAL $18,730,000.00 $18,030,000.00 $16,443,600.00

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The Police Complaints Authority’s SEVENTH Annual Report | 13The goal of the Human Resources (HR) Unit is to assist the PCA to achieve its strategic mission, while ensuring employees are engaged and motivated to help the Authority succeed. The HR Unit provides human resource management programs and services, aligned with the PCA’s values of integrity, condentiality, professionalism and fairness to enable the PCA to meet its business and service goals by:• Promoting excellence in human resource management and providing leadership in the implementation of the recruitment and selection strategy.• Providing a proactive human resource advisory, information and service function to the units of the PCA.• Providing information to the Authority and the organization to support human resource decision making.Recruitment And SelectionThe HR Unit coordinated the recruitment of eight (8) new employees to improve stafng in decient areas throughout the organization. The positions lled included Head of Investigations, Investigations Ofcers, Statistician and Administrative Assistant.In keeping with the PCA’s culture of internal career advancement, two (2) employees were promoted within the Information Technology and Legal Counsel, Compliance and Complaints Units.Training And Development In line with its goal to strengthen technical and leadership capabilities, the PCA provided a range of training to employees during the period under review.Throughout the year, training and development activities were recalibrated and focused on enabling managers to deliver a more active and more rounded approach to performance management to ensure they are well-equipped to lead the PCA to future success.In February 2017, the Head of Legal and Head of Investigations attended the National Association for Civilian Oversight of Law Enforcement (NACOLE) Regional Meeting held in Miami, Florida. This meeting targeted those working in and around civilian oversight of law enforcement to discuss civilian oversight and its role in ensuring sustainable police reforms. In addition to the networking opportunities, these PCA employees had the opportunity to learn and discuss the following topics:The Human Resources Department

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14 | The Police Complaints Authority’s SEVENTH Annual Report • Overview of civilian oversight of law enforcement • Use of force investigations and the importance of policy, practice and oversight• Sustainable reform during and after federal oversight of the police• Legal and implementation issues regarding body-worn camerasThis Regional Meeting allowed those working in, for, and around civilian oversight to gain knowledge and the opportunity to establish additional connections with those doing similar work in the area of police accountability.During the period April 17 – May 5 2017, one of PCA’s Investigations Ofcer participated in the United States of America’s International Visitor Leadership Program (IVLP). The IVLP is the United States (U.S.) Department of State’s premier professional exchange program. Participants are nominated and selected annually by the staff at U.S. Embassies around the world. The IVLP Program for 2017 was entitled “Toward a More Safe and Secure World- International Crime Issues”. Through this short-term visit to the United States, the Investigations Ofcer cultivated lasting relationships with professional counterparts and visited U.S. public and private sector organizations related to the Investigations Ofcer’s eld of interest. In May 2017, the Director and Team Lead- Legal Counsel attended the Caribbean Use of Force in Law Enforcement Conference hosted by the Independent Commission of Investigations (INDECOM) at the Jamaica Conference Centre in Kingston, Jamaica. This Conference brought together Commonwealth Caribbean law enforcement, security ofcials, policy makers and technical ofcers in the Ministries of National Security and Justice, Oversight bodies as well as international experts in the eld. The Conference facilitated discussions on improving training and operations as well as drafting a Model Use of Force Policy for Caribbean security forces.In September 2017, the Director attended the National Association for Civilian Oversight of Law Enforcement (NACOLE) Conference in Spokane, Washington. The theme of the conference - “Civilian Oversight in a Changing Landscape” examined the challenges and opportunities faced by oversight bodies and focused on strengthening skills, knowledge and determination to create real and sustainable reform. The Director participated in training sessions, innovative workshops, and had the opportunity to share best practices and compare notes from the eld with people from across the United States of America and many other nations.

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16 | The Police Complaints Authority’s SEVENTH Annual Report The Information Technology DepartmentThe Information Technology (IT) Unit maintains the IT infrastructure and provides end user support to the Authority and staff of the PCA. During the period under review, the PCA’s IT Unit focused on increasing security measures to protect the PCA’s data by utilizing a combination of hardware and software updates.SecurityThe IT Unit upgraded its rewall and antivirus resulting in a more robust network to strengthen protection against threats and security breaches. This upgrade accommodates heavier network trafc and allows faster network speeds.SoftwareThe IT Unit conducted an organization-wide software upgrade of computer operating systems providing employees with the most up-to-date technology to promote productivity.Telecommunications SystemThe IT Unit upgraded the telecommunications system resulting in advanced usability by employees and increased reliability of the system.Digital Platforms An Electronic Complaint Form was created and added to the PCA’s website to allow members of the public to submit a complaint to the PCA using the website. The IT Unit was instrumental in the development and launch of the PCA Mobile Application. This Application allows members of the public to be the eyes and ears of the PCA using a mobile device with an Android and iOS operating system. The PCA app is available for Android Kit-Kat (4.4) and above and IOS 9 and above. All information provided via the Application is secured and treated with the utmost condentiality. This Application provides users with the ability to: • Submit a report in real-time directly to the PCA • Take photos, record videos and audio and upload directly to the PCA• View their submitted reports• Receive the latest PCA news updates and publications• Provide feedback to the PCA

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18 | The Police Complaints Authority’s SEVENTH Annual Report Communications UnitThe Communications Unit is responsible for managing, monitoring and reevaluating the communications strategy of the PCA. The role of the Unit is to manage and sustain the Authority’s relationship with key stakeholders, promote the organization’s image and foster positive public relations through communications planning, media relations, advertising, publications, press releases, community outreach programmes and external corporate events. During the period under review the Communications Unit focused on enhancing its digital media presence to encourage interaction between the public and the PCA and to educate the public on the role and functions of the PCA. The Communications Unit was also instrumental in the creation and implementation of an additional method of making a complaint.Social Media The Communications Unit monitors the PCA’s Facebook Page and facilitates dialogue between the public and the PCA. During the period under review, particular focus was placed on boosting the activity of the PCA’s Facebook Page in an effort to increase the presence of the PCA to the public. Public Education ProgrammeIn May 2017, the Communications Unit launched its electronic public education series entitled ‘Did You Know’ on its Facebook Page. An installment is posted weekly giving insight into police procedures and policies in Trinidad and Tobago regarding common encounters between the police and members of the public and informing the public about the PCA. During the period under review, the Communications Unit has posted twenty-four (24) installments of this series.The Communications Department

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PCA Mobile Application The PCA launched its mobile application on September 29, 2017. This application which is the rst of its kind regionally was developed to provide a digital alternative to the PCA’s existing complaint reporting methods and also to allow members of the public to receive real-time news updates from the PCA, view its publications and give feedback.WALK IN REPORTSEMAILEDREPORTSMOBILE APPLICATION(“MOBILE APP”) REPORTSA Complaints Ofcer electronically records the report of a Complainant Legal Counsel assesses the report to determine whether the Authority can exercise its functions Legal Counsel issues correspondence to the Complainant outlining whether the matter is/is not within the PCA’s remitThe complaint is classied by Legal Counsel and all original material is transmitted to the Administrative Assistant to the Legal Counsel, Compliance and Complaints Unit (AA LCCCU) for the generation of one (1) copy of the complaint and each document related thereto. All original material is lodged with the Registry Unit and the copies are forwarded to the Investigations Unit.The complaint is assigned to an Investigations Ofcer for the function(s) of the PCA under section 21(1) of the PCA Act to be executed. Each Investigations Ofcer belongs to a team to which a specic Legal Counsel is designated. The designated Legal Counsel is also automatically assigned responsibility for the complaint.Legal Counsel assigned responsibility for the complaint examines the le and all related evidence.The Investigations Ofcer once satised that he/she has completed all instructions/ assignments, submits the le is to his/her direct supervisor for review and thereafter to the Head of Investigations for endorsement and transmission to the LCCCU. The complaint may be listed for a case management conference at which instructions are disseminated by a representative of the Authority to all legal and investigative staff assigned responsibility for the complaint.Within remitAssessment ofInvestigative work No Further Work Required/SatisfactoryElectronic correspondence is received on info@pca.org.tt and an email is automatically generated acknowledging receipt of same.Step c of the “mailed in” procedure is followed.Steps c, d and e of the “walk in” procedure are followed.(a)(b)(c)(i)(a)(a)(b) (c)(c)(ii)(d)(i)Consideration of recommended course of action(e)(d)(d)(ii)MAILED IN REPORTS(b)(c)Correspondence is received by the PCA and logged by the Registry Unit.Thereafter, steps c, d and e of the “walk in” procedure will apply.Further information toexisting complaintNew Report and within remitSame complaint(c)(iii)(c)(iv)(c)(i)(a)(b)(c)(ii)Further information to existing complaint – The correspondence is acknowledged and treated as supplemental to an existing complaint and is forwarded to the Investigations Unit for placement on the investigative/copy le ;Where the correspondence has already been received in another form/fashion, the duplicate is acknowledged and once it concerns an ongoing investigation the material is forwarded to the Investigations Unit for placement on the investigative/copy le; The Registry Unit generates one (1) copy of the correspondence which is transmitted to the AA LCCCU.(c)The AA LCCCU forwards the copy correspondence to the Legal Counsel who conducts a search of the Authority’s records to determine the nature of the correspondence.The correspondence is sent to the Complaints Unit to be uploaded electronically. The Complaints Ofcer will then forward the electronic report to the Legal Counsel and resubmit the hard copy of all material to the AA LCCCU. (END)(END)(END)(END)Electronic notication is received by the PCA when a report is submitted through the PCA Mobile App. The PCA mobile app user receives an electronic conrmation of receipt of their report. The Legal Counsel forwards the report to the AA LCCCU for onward transmission to a Complaints Ofcer to upload electronically.Steps c, d and e of the ‘’walk in’’ process are followed.Legal Counsel prepares a memorandum outlining a recommended course of action (pursuant to section 21(2) or section 30 or section 44 of the PCA Act) and forwards same to the Head of Legal for endorsement and onward transmission the Authority for consideration.Where the Authority approves the recommended course of action, the le can either be closed with no further action OR forwarded to the Commissioner of Police, Police Service Commission or the Director of Public Prosecutions or the Attorney General and thereafter both the Complainant and the police ofcer(s) are informed of the action taken and the accompanying reasons.Where further work is required or investigative work is considered unsatisfactory, the le may be returned to the Investigations Unit or, in the alternative, may be forwarded to the Head of Legal for endorsement and onward transmission to the Authority for consideration of further action recommended. Further work required/Unsatisfactory(e)(i) Approval by Authority(e)(ii) Rejection by the Authority(END)Where the Authority rejects the recommended course of action, it will give directions to the respective Unit for further action or an alternative course of action is prescribed.20 | The Police Complaints Authority’s SEVENTH Annual Report

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THE POLICE COMPLAINTS AUTHORITY’S SEVENTH ANNUAL REPORT | 21WALK IN REPORTSEMAILEDREPORTSMOBILE APPLICATION(“MOBILE APP”) REPORTSA Complaints Ofcer electronically records the report of a Complainant Legal Counsel assesses the report to determine whether the Authority can exercise its functions Legal Counsel issues correspondence to the Complainant outlining whether the matter is/is not within the PCA’s remitThe complaint is classied by Legal Counsel and all original material is transmitted to the Administrative Assistant to the Legal Counsel, Compliance and Complaints Unit (AA LCCCU) for the generation of one (1) copy of the complaint and each document related thereto. All original material is lodged with the Registry Unit and the copies are forwarded to the Investigations Unit.The complaint is assigned to an Investigations Ofcer for the function(s) of the PCA under section 21(1) of the PCA Act to be executed. Each Investigations Ofcer belongs to a team to which a specic Legal Counsel is designated. The designated Legal Counsel is also automatically assigned responsibility for the complaint.Legal Counsel assigned responsibility for the complaint examines the le and all related evidence.The Investigations Ofcer once satised that he/she has completed all instructions/ assignments, submits the le is to his/her direct supervisor for review and thereafter to the Head of Investigations for endorsement and transmission to the LCCCU. The complaint may be listed for a case management conference at which instructions are disseminated by a representative of the Authority to all legal and investigative staff assigned responsibility for the complaint.Within remitAssessment ofInvestigative work No Further Work Required/SatisfactoryElectronic correspondence is received on info@pca.org.tt and an email is automatically generated acknowledging receipt of same.Step c of the “mailed in” procedure is followed.Steps c, d and e of the “walk in” procedure are followed.(a)(b)(c)(i)(a)(a)(b) (c)(c)(ii)(d)(i)Consideration of recommended course of action(e)(d)(d)(ii)MAILED IN REPORTS(b)(c)Correspondence is received by the PCA and logged by the Registry Unit.Thereafter, steps c, d and e of the “walk in” procedure will apply.Further information toexisting complaintNew Report and within remitSame complaint(c)(iii)(c)(iv)(c)(i)(a)(b)(c)(ii)Further information to existing complaint – The correspondence is acknowledged and treated as supplemental to an existing complaint and is forwarded to the Investigations Unit for placement on the investigative/copy le ;Where the correspondence has already been received in another form/fashion, the duplicate is acknowledged and once it concerns an ongoing investigation the material is forwarded to the Investigations Unit for placement on the investigative/copy le; The Registry Unit generates one (1) copy of the correspondence which is transmitted to the AA LCCCU.(c)The AA LCCCU forwards the copy correspondence to the Legal Counsel who conducts a search of the Authority’s records to determine the nature of the correspondence.The correspondence is sent to the Complaints Unit to be uploaded electronically. The Complaints Ofcer will then forward the electronic report to the Legal Counsel and resubmit the hard copy of all material to the AA LCCCU. (END)(END)(END)(END)Electronic notication is received by the PCA when a report is submitted through the PCA Mobile App. The PCA mobile app user receives an electronic conrmation of receipt of their report. The Legal Counsel forwards the report to the AA LCCCU for onward transmission to a Complaints Ofcer to upload electronically.Steps c, d and e of the ‘’walk in’’ process are followed.Legal Counsel prepares a memorandum outlining a recommended course of action (pursuant to section 21(2) or section 30 or section 44 of the PCA Act) and forwards same to the Head of Legal for endorsement and onward transmission the Authority for consideration.Where the Authority approves the recommended course of action, the le can either be closed with no further action OR forwarded to the Commissioner of Police, Police Service Commission or the Director of Public Prosecutions or the Attorney General and thereafter both the Complainant and the police ofcer(s) are informed of the action taken and the accompanying reasons.Where further work is required or investigative work is considered unsatisfactory, the le may be returned to the Investigations Unit or, in the alternative, may be forwarded to the Head of Legal for endorsement and onward transmission to the Authority for consideration of further action recommended. Further work required/Unsatisfactory(e)(i) Approval by Authority(e)(ii) Rejection by the Authority(END)Where the Authority rejects the recommended course of action, it will give directions to the respective Unit for further action or an alternative course of action is prescribed.

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22 | THE POLICE COMPLAINTS AUTHORITY’S SEVENTH 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 SEVENTH ANNUAL REPORT

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The Police Complaints Authority’s SEVENTH Annual Report | 23The Legal Counsel, Compliance And Complaints UnitThe 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 six (6) Attorneys-at-Law.The Complaints Section receives all reports made to the PCA. During the period under review, the PCA received Five Hundred and Thirty-eight (538) 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”). Only reports which fall within the remit of the PCA are classied as complaints and are forwarded to the Investigations Department where an Investigations Ofcer is assigned. During the period under review, the PCA classied Two Hundred and Eighty-Four (284) reports as complaints.During the course of the Investigations Ofcer’s exercise, the Investigations Ofcer 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 may arise during the course of their exercise. Such requests may include those for letters to be drafted to external entities from which documentation or information is required. During the period under review, the Legal Section satised Two Thousand and Two (2002) requests made by members of the Investigative staff.Additionally, during the period under review, the Authority implemented a case management procedure which involves the development of action plans by all attendees including Legal and Investigative staff and a member of the Authority. This procedure has allowed for greater cohesion amongst the involved staff and has reduced the time within which the PCA can bring a matter to conclusion.At the conclusion of the Investigations Ofcer’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.

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24 | The Police Complaints Authority’s SEVENTH Annual Report Thereafter, the Legal Section drafts a recommendation which is forwarded to the Authority for approval.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 seventeen (17) recommendations for prosecution which were approved by the Authority.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 eighty (80) recommendations for disciplinary action which were approved by the Authority.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 seven hundred and thirty-two (732) recommendations for no further action which were approved by the Authority.In addition to the aforementioned responsibilities, the Legal Section is also responsible for:- • Preparing memoranda to justify “own initiative” investigations pursuant to Section 26 of the Police Complaints Authority Act, Chapter 15:05;• Drafting/ Vetting of contracts/agreements/ leases;• Assisting the Authority with the preparation of content for outreach sessions (including sessions with police recruits);• Preparing responses to requests made under the Freedom of Information Act;• Conducting legal research and drafting opinions;• Conducting presentations to external bodies; • Preparing draft versions of advice pursuant to Section 21 (1) (d) of the Police Complaints Authority Act, Chapter 15:05;• Assisting with the preparation of press releases;• Assisting with responses to social media posts and other content; and• Assisting the Authority or any external Counsel with Court matters initiated by the Authority.

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The Police Complaints Authority’s SEVENTH 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 SEVENTH 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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The Police Complaints Authority’s SEVENTH Annual Report | 27The Investigations UnitThe PCA Act, Chapter 15:05, provides for the investigation by the Authority of criminal offences involving police ofcers, police corruption and serious police misconduct and other related matters. The Authority may conduct an investigation on its own initiative or on the basis of complaints made to the Authority.A complaint may be 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.The Investigations Unit of the PCA comprises twenty-three (23) investigators divided into ve teams. All investigators received specialized training in investigative procedures and techniques both locally and internationally. The Investigative ProcessThe investigative process is a science, the aim and purpose of which is to discover the truth of an event that has occurred, is occurring or about to occur. The Investigators objectively gather the body of facts about the event in question, analyse the facts obtained and make inferences on the ndings. The Head of Investigations receives a le containing the complaint and other relevant documents from the Head of Legal and assigns the le to a particular team. The assigned Investigator develops an action plan which may include undertaking inquiries, gathering evidence and exercising any other function under the PCA Act as authorised by the Authority. The assigned Investigator is also responsible for providing feedback to the Complainant during the course of the investigation.Upon the completion of the preliminary investigation, the le containing the Investigator’s ndings is forwarded to the LCCCU for onward transmission to the Director or Deputy Director.The Investigator’s ndings can consist of the following:• Insufcient evidence to support the allegation/s. In such a case, the Investigator makes a suggestion to the Authority for closure of the le.• Sufcient evidence to support the commission of or involvement in the commission of a criminal and/or disciplinary offence. In such a case, the Investigator makes a suggestion to the Authority for the le to be transmitted to the Director of Public Prosecution and/or the Commissioner of Police and/or the Police Service Commission for consideration.

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The Police Complaints Authority’s SEVENTH Annual Report | 29Allegation Number Police corruption 13Serious police misconduct 241The commission of a criminal offenceby a police ofcer 197The commission of a criminal offence by anyother person but involving a police ofcer 0Total 451Table 1: Number of allegations classied for the complaints received for the period October 1, 2016- September 30, 2017.REMIT ASSESSMENT AND CATEGORIZATION OF REPORTSSection 4 of the PCA Act states that a “complaint” includes an allegation of:a. Police Corruptionb. Serious police misconductc. 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cerMore than one allegation may be identied in a single complaint. Additionally, more than one offence may arise out of one allegation. Of the two hundred and eighty-four (284) complaints received during the period under review, four hundred and fty-one (451) classications of allegations were identied as shown in Table 1. CLASSIFICATION OF COMPLAINTSThe two hundred and eighty-four (284) complaints received by the Investigations Department fell into the classications described on page 25 of this report and are shown below by numbers and percentages in Table 2. For the period under review, fty-one percent (51%) of these complaints were assigned a Classication of 5. 1 18 6%2 62 22%3 32 11%4 24 9%5 146 51%No classication 2 1%Total 284 100%ClassicationNumberPercentageTable 2: Classication of complaints by number and percentage for the period October 1, 2016- September 30, 2017.No classication was assigned to a complaint which was determined to be a matter subject to judicial proceedings under Section 37 of the PCA Act.

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The Police Complaints Authority’s SEVENTH Annual Report | 31Two hundred and eighty-four (284) complaints were received for the period October 1, 2016 to September 30, 2017. In the preceding reporting periods, the following 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• October 1, 2015 to September 30, 2016 – 320 complaintsTable 4 shows the number of complaints received over the reporting periods December 29, 2010 - September 30, 2017 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 – September 30, 2017.2010 - 2011 255 02011 - 2012 340 85 2012 - 2013 470 130 2013 - 2014 491 21 2014 - 2015 321 170 2015 - 2016 320 1 2016 - 2017 284 36 ReportingPeriodsNumber OfComplaintsIncreased/ Decrease in Number Over Previous YearTable 4: A comparison of the number of complaints received over the reporting periods - December 29, 2010 to September 30, 2017.Source: Data for reporting periods December 29, 2010- September 30, 2017from PCA Annual Report 2015-2016.2003004005002013 - 2014 2014 - 2015 2015 - 2016 2016 - 20172012 - 20132011 - 20122010 - 2011340321320284470491255Figure 2: Represents the numerical increase/decrease in complaints received over the reporting periods December 29, 2010 – September 30, 2017.

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32 | The Police Complaints Authority’s SEVENTH Annual Report ANALYSIS OF FREQUENCY OF COMPLAINTSFor the period under review, the largest percentage of complaints - twelve percent (12%) - were received in the month of August. This differs from the previous reporting period where the largest percentage of complaints - eleven percent (11%) were received in October. This is depicted in Table 5 below.Oct 36 11% 28 10%Nov 26 8% 23 8%Dec 23 7% 15 5%Jan 15 5% 22 8%Feb 29 9% 26 9%Mar 32 10% 22 8%Apr 34 11% 20 7%May 30 9% 20 7%Jun 24 8% 22 8%Jul 27 8% 28 10%Aug 25 8% 36 12%Sep 19 6% 22 8%Total 320 100% 284 100%Month 2015 - 2016 2016 - 2017Table 5: Frequency of complaints by month for the periods October 1, 2015 - September 30, 2016 and October 1, 2016 - September 30, 2017.Number Percentage Number PercentageA graphical representation comparing the frequency of complaints reported for the periods October 1, 2015 - September 30, 2016 and October 1, 2016 - September 30, 2017 is displayed in Figure 3. 036912152016-20172015-2016SepAugJulJunMayAprMarFebJanDecNovOctFigure 3: Percentage of complaints received by month for the periods October 1, 2015 - September 30, 2016 and October 1, 2016 - September 30, 2017.

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34 | The Police Complaints Authority’s SEVENTH Annual Report PCA 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.”Complaints can be initiated from newspaper articles, Trinidad and Tobago Police Service (TTPS)/ Professional Standards Bureau (PSB) Reports, social media reports and television and radio reports. During the period under review, the PCA initiated seventy-ve (75) complaints. Seventy-two percent (72%) of initiated complaints were generated from newspaper articles, while TTPS/PSB reports accounted for twenty-four percent (24%). This is shown in Table 7 and Figure 5.Newspaper 54 72%TTPS/PSB 18 24%Social Media 2 3%Television/Radio 1 1%Total 75 100%MethodTable 7: Method used to Initiate Complaints for the period October 1, 2016 - September 30, 2017Number Percentage

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The Police Complaints Authority’s SEVENTH Annual Report | 37Northern 52 18%Central 45 16%Port of Spain 35 12%Tobago 35 12%North-Eastern 30 11%Southern 23 8%Eastern 22 8%South-Western 17 6%Western 15 5%Unknown 10 4%Total 284 100%Divisions Number PercentageTable 9: Frequency of complaints by number and percentages for Police Divisions for the period October 1, 2016 - September 30, 2017.LOCATION OF COMPLAINTS BY DIVISIONSDuring the period under review, the PCA received complaints of incidents which occurred throughout the nine (9) Police Divisions.The highest number of complaints - fty-two (52) - was received from the Northern Division, followed by forty-ve (45) complaints from the Central Division. The lowest number of complaints - fteen (15) – was received from the Western Division. Figure 7 and Table 9 presents the frequency of complaints based on the division in which the incident occurred.“Unknown” represents the number of complaints where the location of the incident was not known as at September 30, 201705101520UnknownWesternSouth-WesternEasternSouthernNorth-EasternTobagoPort of SpainCentralNorthernFigure 7: Percentages of complaints by Police Divisions for the period October 1, 2016 - September 30, 2017

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The Police Complaints Authority’s SEVENTH Annual Report | 43VICTIM DEMOGR APHICSALLEGED VICTIM (COMPLAINANT IN PERSON) AS COMPARED TO REPRESENTATIVE OF COMPLAINANT 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 two hundred and eighty-four (284) complaints received, one hundred and seventy-three (173), which represents sixty-one percent (61%) were reported by the alleged victim, one hundred and eight (108), which represents thirty-eight percent (38%) were reported by a party who was not the alleged victim, and three (3), which represents one percent (1%) preferred to remain anonymous. This is detailed at Table 10 and Figure 8.Victim 173 61%Not victim 108 38%*Anonymous complainant 3 1%Total 284 100%*Anonymous complainants may or may not be the alleged victim.NumberPercentagesTable 10: Status of complainant by numbers and percentages for the period October 1, 2016- September 30, 2017.Status of complainant

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The Police Complaints Authority’s SEVENTH Annual Report | 45INCIDENT REPORTSIt should be noted that for the two hundred and eighty-four (284) complaints received, more than one alleged victim may be involved in a single complaint and more than one police ofcer may be involved in a single complaint. Table 11 and Figure 9 shows the number and percentage of complaints compared to the number of alleged victims involved in an incident. Two hundred and sixty (262) complaints involved one (1) alleged victim, seventeen (17) complaints involved two (2) alleged victims, four (4) complaints involved three (3) alleged victims and one (1) complaint involved four (4) alleged victims.Figure 9: Total number of victims involved in an incident for the period October 1, 2016- September 30, 201792%6%1%1% One Alleged VictimTwo Alleged VictimsThree Alleged VictimsFive Alleged Victims1 victim 262 92%2 victims 17 6%3 victims 4 1%4 victims 1 1%Total 284 100%NumberPercentagesTable 11: Number and percentage of complaints compared to the number of alleged victims involved in an incident for the period October 1, 2016- September 30, 2017.Alleged Victims involved

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The Police Complaints Authority’s SEVENTH Annual Report | 47DEMOGR APHICS OF ALLEGED VICTIMThis section provides a description on the demographics of alleged victims involved in the reported incidents by gender, age and ethnicity. Of the two hundred and eighty- four (284) complaints, three hundred and twelve (312) alleged victims were identied. GENDER OF ALLEGED VICTIMS Of the three hundred and twelve (312) alleged victims, two hundred and thirty (230) which represents seventy-four percent (74%) were made by male victims, seventy-two (72) which represents twenty-three percent (23%) were made by female victims. Ten (10) complaints were made where the gender was unknown. Table 13 and Figure 11 shows a summary of the number and percentage of the gender of the alleged victims.Figure 11: Gender of Alleged victims by percentages for the period October 1, 2016 to September 30, 2017.Male 230 74%Female 72 23%*Unknown 10 3%Total 312 100%GenderNumberPercentagesTable 13: Complainants by gender, number and percentages for the period October 1, 2015 to September 30, 2016.*The category “unknown” includes complaints which were emailed or mailed in or where the matter was initiated by the PCA and the gender of the alleged victim was not known as at September 30, 2017.74%23%3%MaleFemaleUnknown

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48 | The Police Complaints Authority’s SEVENTH Annual Report AGE OF ALLEGED VICTIMSOf the three hundred and twelve (312) alleged victims the ages were known in one hundred and fty-three (153) complaints which represents forty-nine percent (49%), while one hundred and fty-nine (159) complaints which represents fty-one percent (51%) were “unknown” as shown in Table 14.*The category “unknown” includes complaints which were emailed, mailed in or where the matter was initiated by the PCA and the age is not known as at September 30, 2017..The known ages were recorded in years and range from the youngest alleged victim at age 15 to the oldest at age 79. The mean age of the known ages for the period under review is 38 years. The age most commonly reported was 30 years and the median age was 36 years. Known 153 49%Unknown 159 51%Total 312 100%AgeNumberTable 14: Numbers and percentages of alleged victims by age for the period October 1, 2016 to September 30, 2017.15-25 22 14%26-36 55 36%37-47 43 28%48-58 23 15%59-69 6 4%70-80 4 3%Total 153 100%Age GroupsNumberTable 15: Age groups of the alleged victims with corresponding numbers and percentages for the period October 1, 2016 to September 30, 2017.PercentagePercentageThe largest number of complaints was recorded in the following age groups:-• 26 - 36 with fty-ve (55) complaints; and• 37 - 47 with forty-three (43) complaints.These complaints represented 36% and 28% respectively of the total number of complaints recorded.

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The Police Complaints Authority’s SEVENTH Annual Report | 51Figure 14: Percentages of alleged victims by ethnicity and gender for the period October 1, 2016 to September 30, 2017. ALLEGED VICTIMS BY ETHNICITY AND GENDEROf the two hundred and eighty-four (284) complaints received during the period under review, one hundred and seventy-seven (177) alleged victims were of African descent regardless of gender. Of these, one hundred and thirty-seven (137) were male while forty (40) were female. A summary of the analysis is presented in Table 17 and Figure 14. African 137 40 0 177East Indian 52 18 0 70Unknown 19 3 10 32Mixed 20 8 0 28Asian 1 1 0 2Spanish 1 1 0 2Syrian Lebanese 0 1 0 1Total 230 72 10 312EthnicityMaleFemaleTable 17: Alleged victims by ethnicity and gender for the period October 1, 2016 to September 30, 2017. UnknownTotal*The category “unknown” includes complaints which were emailed or mailed in or where the matter was initiated by the PCA and the ethnicity and gender of the alleged victim was not known as at September 30, 2017.020406080100Syrian LebaneseSpanishAsianUnknownMixedEast IndianAfricanUnknownFemaleMale

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54 | The Police Complaints Authority’s SEVENTH Annual Report Commissioner of Police/ Deputy Commissioner 1 0 1of Police Assistant Commissioner of Police (ACP) 3 0 3Senior Superintendent 1 0 1Superintendent 2 1 3Assistant Superintendent 4 1 5Inspector 8 6 14Sergeant 25 10 35Corporal 34 19 53Constable 177 81 258*Special Reserve Police (SRP) 21 0 21**Unknown 102 33 135Total 378 151 529Rank of alleged defaulting police ofcerAllegation assignedTable 19: *** Rank of alleged defaulting police ofcers and number of allegations assigned for the period October 1, 2016 to September 30, 2017.No allegation assignedTotal* Special Reserve Police may include the ranks of SuperintendentAssistant Superintendent, Inspector, Sergeant, Corporal and Constable**The category “unknown” includes complaints which were emailed or mailed in or where the matter was initiated by the PCA and the rank of the alleged defaulting police ofcer was not known as at September 30, 2017.*** “Rank” may refer to the substantive and/or acting positions.Of the ve hundred and twenty-nine (529) alleged defaulting police ofcers the largest group assigned allegations held the rank of constable. This is shown in Table 19 and Figure 17. Sergeant, Corporal and SRPs were assigned allegations as follows: • Sergeant - twenty-ve (25) allegations• Corporal - thirty-four (34) allegations; • SRP - twenty-one (21) allegations.

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56 | The Police Complaints Authority’s SEVENTH Annual Report Male 304 118 422Female 31 20 51Unknown 43 13 56Total 378 151 529Gender of police ofcerAllegation assignedTable 20: Gender of alleged defaulting police ofcers by allegation status for the period October 1, 2016 to September 30, 2017.No allegation assignedTotalFigure 18: Rank of alleged defaulting female police ofcers and percentage of allegations assigned for the period October 1, 2016 to September 30, 2017.01020304050607080No allegation assignedAllegation assignedUnknownFemaleMale*The category “unknown” includes complaints which were emailed or mailed in or where the matter was initiated by the PCA and the rank of the alleged defaulting female police ofcer was not known as at September 30, 2017.This section provides a description of the demographics of the alleged defaulting ofcers involved in the reported incidents by gender and rank where known.GENDER OF ALLEGED DEFAULTING POLICE OFFICEROf the ve hundred and twenty-nine (529) alleged defaulting police ofcers, the gender was known for four hundred and seventy-three (473). Of these, four hundred and twenty-two (422) were male and fty-one (51) were female.Of the four hundred and twenty-two (422) alleged defaulting male police ofcers, three hundred and four (304) were assigned allegations. Similarly, of the fty-one (51) alleged defaulting female police ofcers, thirty-one (31) were assigned allegations. This is shown in Table 20 and Figure 18.DEMOGR APHICS OF ALLEGED DEFAULTING POLICE OFFICERS*The category “unknown” includes complaints which were emailed or mailed in or where the matter was initiated by the PCA and the gender of the alleged defaulting police ofcer was not known as at September 30, 2017.

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The Police Complaints Authority’s SEVENTH Annual Report | 57Constable 153 64 217Unknown 56 22 78Corporal 32 15 47Sergeant 25 9 34SRP 19 0 19Inspector 8 6 14Assistant Superintendent 4 1 5ACP 3 0 3Superintendent 2 1 3Commissioner of Police/ 1 0 1Deputy Commissioner of PoliceSenior Superintendent 1 0 1 Total males 304 118 422RankAllegation assignedTable 21: Rank of alleged defaulting male police ofcers by allegation status for the period October 1, 2016 to September 30, 2017.No allegation assignedTotalFigure 19: Rank of alleged defaulting male police ofcers and percentage of allegations assigned for the period October 1, 2016 to September 30, 2017.GENDER AND RANK OF ALLEGED DEFAULTING POLICE OFFICERSMALE ALLEGED DEFAULTING POLICE OFFICERSOf the three hundred and four (304) alleged defaulting male police ofcers, the largest number of allegations - one hundred and fty-three (153) - was assigned to the rank of constable.*The category “unknown” includes complaints which were emailed or mailed in or where the matter was initiated by the PCA and the rank of the alleged defaulting male police ofcer was not known as at September 30, 2017.050100150200No allegation assignedAllegation assignedDeputy Commissioner of PoliceSenior SuperintendentCommissioner of Police/SuperintendentACPAssistant SuperintendentInspectorSRPSergeantCorporalUnknownConstable153645622322519986 41 1 1 1 13215

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60 | The Police Complaints Authority’s SEVENTH Annual Report Allegations Of Criminal OffencesOf the three hundred and fty-eight (358) allegations of criminal offences, the largest category was assault with one hundred and forty-six (146) allegations.Other prevalent allegations of criminal offences are as follows: • Fatalities and near fatalities - ninety-two (92) allegations • Fraud and corruption - forty-nine (49) allegations • Larceny and related offences - thirty (30) allegationsThis is shown at Table 23 and Figure 22.Assault 146Fatalities and Near Fatalities 92Fraud and Corruption 49Larceny and Related Offences 30Damage to Property 19Firearm Offences 12Other Offences 9Offences against children and Domestic Violence 1Total 358Table 23: Breakdown of les forwarded from the Investigations Department to LCCCU during the period October 1, 2015 to September 30, 2016.OffenceNumberFigure 22: Number of allegations of criminal offences for the period October 1, 2016 to September 30, 2017.AssaultFatalities and Near FatalitiesFraud and CorruptionLarceny and Related OffencesDamage to PropertyFirearm OffencesOther OffencesOffences against children and Domestic Violence146924930199112

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64 | The Police Complaints Authority’s SEVENTH Annual Report Unlawful or unnecessaryexercise of AuthorityDiscreditable ConductNeglect of DutyCorrupt PracticeDisciplinary Offencesunder the SRP ActDrinking on Dutyor soliciting drinkBreach of CondenceFalsehood or PrevaricationBeing an accessory toa Disciplinary offenceFigure 23: Number of allegations of criminal offences for the period October 1, 2016 to September 30, 2017.138112963553211Allegations Of Disciplinary OffencesThe most common alleged disciplinary offence recorded was unlawful or unnecessary exercise of authority, which accounted for one hundred and thirty-eight (138) allegations. This was followed by one hundred and twelve (112) allegations of discreditable conduct and ninety-six (96) allegations of neglect of duty. This is shown at Table 31 and Figure 23.Table 31: Number allegations of disciplinary offences for the period October 1, 2016 to September 30, 2017.Unlawful or unnecessary exercise of Authority 138Discreditable Conduct 112Neglect of Duty 96Corrupt Practice 35Disciplinary Offences under the SRP Act 5Drinking on Duty or soliciting drink 3Breach of Condence 2Falsehood or Prevarication 1Being an accessory to a Disciplinary offence 1Total 393Total

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The Police Complaints Authority’s SEVENTH Annual Report | 65During the period under review, the Investigations Department forwarded to the LCCCU seven hundred and nineteen (719) matters as follows:- • Fifty-six (56) were from the reporting period December 29, 2010 to September 30, 2011; • Seventy-two (72) were from the reporting period October 1, 2011 to September 30, 2012; • Ninety-two (92) were from the period October 1, 2012 to September 30, 2013;• One hundred and eighteen (118) were from the period October 1, 2013 to September 30, 2014; • One hundred and sixty-two (162) were from the period October 1, 2014 to September 30, 2015; • One hundred and twenty-eight (128) were from the period October 1, 2015 to September 30, 2016; and • Ninety-one (91) were from the period under review. This is shown in Table 32.Dec 29, 2010 – Sept 30, 2011 56Oct 1, 2011 – Sept 30, 2012 72Oct 1, 2012 – Sept 30, 2013 92Oct 1, 2013 – Sept 30, 2014 118Oct 1, 2014 – Sept 30, 2015 162Oct 1, 2015 – Sept 30, 2016 128Oct 1, 2016 – Sept 30, 2017 91Total 719Table 32: Breakdown of les forwarded from the Investigations Department to LCCCU during the period October 1, 2016 to September 30, 2017.Reporting PeriodNumber of Files forwarded during the period Oct 1, 2016 – Sept 30, 2017STATUS OF COMPLAINTS OCTOBER 1, 2016 – SEPTEMBER 30, 2017

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The Police Complaints Authority’s SEVENTH Annual Report | 67On September 29, 2017 the PCA launched its Mobile Application called ‘PCA Trinidad & Tobago’. This Mobile App was developed to provide a modern and more convenient method for members of the public to make a complaint to the PCA. Users of the Mobile App now have the opportunity to be the ‘eyes and ears’ of the PCA by submitting real-time reports and feedback from their mobile devices to the PCA.The PCA mobile app is designed to enhance users’ experience with the following features:• Users will immediately receive the latest updates regarding PCA news and releases via push notications.• Users are able to access and download PCA publications.• Users are able to take photos and record both audio and video to include in their reports to the PCA.• Users are able to attach les stored on their mobile device to complement a report. • Users are able to offer feedback and comments about the app or the PCA. • The app will allow the user to view his/her list of all submitted reports with a report number, status and update.All reports submitted via the app are secure and will be treated with the highest levels of condentiality.The PCA app is available for Android Kit-Kat (4.4) to current Nougat (7.1.1) and IOS 9 to current IOS 11. The PCA app is free to download and can be found on both the Apple and Google Play Stores.PCA MOBILE APPLICATION

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68 | The Police Complaints Authority’s SIXTH Annual Report Recommendation Medium and Date of RecommendationTo amend Trinidad and Tobago Police Service (TTPS) Standing Order 10(6)(2)(a) to include that on every occasion that a police complainant misses court, the reason(s) should be documented in the relevant police le. In the event that the non-appearance was due to medical reasons, a copy of the medical leave should be placed on the le. In the event that the police complainant is required to attend Court elsewhere then documentary evidence of this should be placed on the police le relative to the matter for which no appearance was entered. In the event that the non-appearance was due to the fact that the police complainant was on patrol, copies of the station diary extract, patrol register and duty roster should be submitted to the presiding magistrate.Letter to the Commissioner of Police (Ag.) dated November 8, 2016.The 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 the period under review, the PCA rendered advice to the Ofce of the Commissioner of Police (CoP) in the form of recommendations communicated through the issuance of several pieces of correspondence. As at the date of this report, the PCA has not received responses relative to the several recommendations made. Hereunder is a table containing each of the recommendations made by the PCA to the Ofce of the CoP.RECOMMENDATIONS MADE TO THE OFFICE OF THE COMMISSIONER OF POLICE

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The Police Complaints Authority’s SIXTH Annual Report | 69Recommendation Medium and Date of RecommendationTo train and sensitize all police ofcers regarding the investigation of crimes committed against children.To implement a reliable records management and le tracking system so as to address the issue of the misplacement of investigative les by members of the TTPS.To implement a practice or procedure for treating with Non-Citizens who fail to produce their passports upon request by the police.To train all police ofcers on the proper and responsible handling of police dogs and to advise/ reiterate the criminal and/ or civil liabilities which may arise from deliberate or reckless handling of police dogs.To expand the variety of incidents and the prescribed actions to be taken by police ofcers who are expected to render assistance to the Marshal’s Assistant in the service of court processes. The relevant TTPS Standing Order is no. 46 which is silent on the procedure to be followed by police ofcers if the intended task of the Marshal’s Assistant goes beyond process service.To provide a clear procedure for the assignment of matters for investigation and/ or a clear channel of communication of assignments.To train all police ofcers on how best to communicate the powers of the police to enter and search one’s premises so that the information, once relayed to the party whose home they intend to search, can be received in a manner that is respectful to and easily understood by a lay person.Letter to the Commissioner of Police (Ag.) dated November 8, 2016Letter to the Commissioner of Police (Ag.) dated November 8, 2016 and April 3, 2017Letter to the Commissioner of Police (Ag.) dated January 20, 2017Letter to the Commissioner of Police (Ag.) dated March 20, 2017Letter to the Commissioner of Police (Ag.) dated April 20, 2017Letter to the Commissioner of Police (Ag.) dated April 20, 2017Letter to the Commissioner of Police (Ag.) dated June 30, 2017

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The Police Complaints Authority’s SEVENTH Annual Report | 73June 2017The Parties to this Agreement, Being Parties listed in the Schedule annexed hereto,Recognizing that Oversight of law enforcement has become an ad-ministrative responsibility in many nations within the Caribbean Region and internationally,Acknowledging that Oversight provides accountability, transpar-ency and credibility in the investigation and determination of allegations of misconduct of law enforcement personnel,Afrming the importance of education, training, public aware-ness, public participation, public access to information and cooperation at all levels on matters concerning oversight of law enforcement,Hereby agree as follows:Article 1Establishment of AssociationThere is hereby established an Association to be called the Carib-bean Association for Oversight of Law Enforcement (“CAFOLE”).Article 2 Location of Association The Association shall be located at the Police Complaints Author-ity in Trinidad and Tobago, or such other place in the Caribbean region as the members of the Association may agree at the Annual General Meeting.AGREEMENT ESTABLISHING THE CARIBBEAN ASSOCIATION FOR OVERSIGHT OF LAW ENFORCEMENT BODIES

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74 | The Police Complaints Authority’s SEVENTH Annual Report Article 3InterpretationIn this Agreement – “Association” means the Caribbean Association for Oversight of Law Enforcement (“CAFOLE”) established under Article 1;“Member” includes the Chairperson, Vice Chairperson, Secretary any other person mentioned in Article 6;“Caribbean Region” means the territories listed in the Schedule which may be amended by the Management Committee from time to time;“Conference” as dened in Articles 8;“Inaugural Conference” means the Conference of May 16 and 17th 2016.Article 4 ObjectivesThe objectives of the Association shall be to –a) enhance the oversight of law enforcement throughout the Caribbean Region by encouraging and promoting the development of impartial, competent, efcient and effective oversight of law enforcement bodies;b) promote and protect independence and the highest standards of integrity and accountability among mem-bers and institutions that promote justice for the peo-ple of the Caribbean Region;c) undertake research into the administration of over-sight of law enforcement with a view to improving the quality of such administration within the Caribbean Region;d) establish and maintain links with bodies regionally and internationally sharing similar aims and objec-tives;e) develop and establish a publication resource of educa-tional information on oversight of law enforcement;f) educate the public and law enforcement bodies by developing mechanisms to enhance police and com-munity relations;g) promote the establishment of external oversight and accountability of law enforcement bodies fostering a rights-based approach to law enforcement;h) encourage the highest ethical standards in organisa-tions which provide oversight of law enforcement; i) facilitate the sharing of ideas and solutions to com-

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The Police Complaints Authority’s SEVENTH Annual Report | 75mon issues faced by oversight of law enforcement bodies;j) establish and promote networking opportunities and mentoring support for members;k) organise discussions, conferences, seminars and workshops on various issues in oversight of law enforcement; l) promote the establishment of external oversight of law enforcement bodies to full the State’s obligations to provide accountability to the public and the victims and their families of law enforcement violators; andm) do all such other things as are incidental or conducive to the attainment of the above aims and objectives.Article 5The Management Committee (1) The Association shall be managed by a Committee to be called the Management Committee.(2) The Management Committee shall consist of not less than three nor more than seven persons elected by the Associa-tion and must include a Chairperson, Vice Chairperson and Secretary.(3) As far as practicable the Management Committee shall be reective of –(a) the Association’s geographical membership; and(b) the Membership’s range of oversight of law en-forcement bodies.(4) The Management Committee may from time to time allo-cate specic responsibilities to its members and establish sub-committees for such purposes as it considers appro-priate.(5) The members of the Management Committee shall hold ofce until the next Conference of the Association but are eligible for re-appointment.(6) No member of the Management Committee shall hold of-ce for more than two (2) consecutive terms.(7) The Management Committee shall regulate its own proce-dure subject to this agreement.(8) The Management Committee may, on such terms and con-ditions as it thinks t, engage any suitably qualied per-son to provide it with services, information or advice.

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76 | The Police Complaints Authority’s SEVENTH Annual Report Article 6 MembershipMembership in CAFOLE is subject to individuals meeting the criteria as described in Article 6. Article 6 (a) Full membershipAny person, agency, institution or organisation, both governmen-tal and non- governmental appointed or serving or engaged in oversight of law enforcement within a Caribbean State or Territory approved by the Management Committee shall be eligible for full membership.Article 6 (b) Associate MembershipAssociate membership shall be as approved by the Management Committee to–(i) Retired persons of oversight of law en-forcement bodies of a State or territory list-ed in the Caribbean Region; (ii) Persons from the Caribbean states and ter-ritories listed in the Schedule annexed who are currently serving as persons of over-sight of law enforcement bodies outside the Caribbean or who having so served have since retired; or(iii) Persons with expertise in civilian oversight who have not served as a law enforcement ofcer for the past two years.Article 6 (c) Honorary MembershipHonorary membership may be conferred upon such persons as may be recommended by the Management Committee and ap-proved by vote.Article 7Termination and Suspension of Membership(1) Any member may resign membership at any time by submit-ting a resignation in writing to the Secretary of the Association’s Management Committee

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The Police Complaints Authority’s SEVENTH Annual Report | 77(2) The Management Committee, by a two-thirds vote, may order termination of membership of any member in the event that the action of the member, in the opinion of the Management Commit-tee, is likely to bring the Association into disrepute.Article 8Conference(1) One of the principal activities of the Association shall be its Conference which shall be held so far as practicable at least once every two years and concerned, at least in part, with advancing the objectives of the Association.(2) The management of the Conference shall be vested in the Management Committee and the oversight of law enforce-ment body of the State in which the Conference is being held.(3) At the conclusion of a Conference, the Chairperson who presided over the Conference shall immediately cause to be prepared and published throughout the Caribbean a press release concerning the Conference.(4) The Chairperson shall cause to be prepared a report of the Conference and cause the same to be circulated among members of the Association as soon as possible after the conclusion of the Conference.(5) At each Conference, the hosting territory or body in con-sultation with the Management Committee shall deter-mine the precise date, time, place and duration of the fol-lowing Conference.Article 9Funds(1) The funds of the Association shall comprise donations made to it and any other monies generated by the Associ-ation’s operations as approved by the Management Com-mittee.(2) The nancial statements of the Association must be audit-ed by an independent auditor and presented at the Annual General Meeting.Article 10Voting(1) A full member is eligible to attend, participate in and vote at the Conference of the Association.(2) Each full member or his/ her representative may vote in person or by proxy and shall be entitled to one vote. Save

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78 | The Police Complaints Authority’s SEVENTH Annual Report and except in the case of an amendment to this agreement which shall be amended in accordance with article 12, a majority vote shall be necessary for passage and/ implementation of the matter be-ing voted on. (3) Associate and Honorary members are eligible to attend and participate in the Conference of the Association but shall not have the right to vote.Article 11Power to make RulesThe Management committee may make rules for the proper con-duct of its affairs and proceedings and discharge of its objectives, and may amend or revoke such rules.Article 12Amendment(1) This Agreement may be amended at a Conference if a copy of the proposed amendment is submitted to the Chairperson not less than three months prior to the date of the Confer-ence.(2) The proposed amendment shall be communicated to all members of the Association by the Chairperson within one month of its receipt.(3) An amendment shall become effective after it is debated at a Conference and supported by a vote of two-thirds of the eligible members.Article 13SignatureThis Agreement shall be open for signature by the authorized representatives of oversight bodies who are eligible for full mem-bership on the nal day of the Inaugural Conference.Article 14Entry into ForceThis Agreement shall enter into force on the signing of form 1 by the authorized representatives of at least three (3) of the oversight bodies who are eligible for full membership and depositing same with the Police Complaints Authority in Trinidad and Tobago.

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82 | The Police Complaints Authority’s SEVENTH 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 SEVENTH Annual Report | 834 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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84 | The Police Complaints Authority’s SEVENTH 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 SEVENTH Annual Report | 858 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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86 | The Police Complaints Authority’s SEVENTH 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 SEVENTH Annual Report | 8712 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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88 | The Police Complaints Authority’s SEVENTH 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 SEVENTH Annual Report | 8916 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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90 | The Police Complaints Authority’s SEVENTH 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 SEVENTH Annual Report | 9120 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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92 | The Police Complaints Authority’s SEVENTH 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 SEVENTH Annual Report | 9324 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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94 | The Police Complaints Authority’s SEVENTH 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