Annual Report
B Independent Police Complaints Authority’s Eleventh Annual Report
Independent Police Complaints Authority’s Eleventh Annual Report CELEVENTH ANNUAL REPORT 2020|2021
D Independent Police Complaints Authority’s Eleventh Annual Report“The Reliable AuthorityLeading the Way to JUSTICE”“To pursue justice through independent civilian oversight of serious police misconduct and criminality.”CondentialityIntegrityProfessionalismFairnessOUR VISIONOUR MISSIONOUR CORE VALUES
Independent Police Complaints Authority’s Eleventh Annual Report 1“The Reliable AuthorityLeading the Way to JUSTICE”“To pursue justice through independent civilian oversight of serious police misconduct and criminality.”CondentialityIntegrityProfessionalismFairnessOUR VISIONOUR MISSIONOUR CORE VALUES
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Independent Police Complaints Authority’s Eleventh Annual Report 3ContentsLetter to the Minister Foreword from the Director of the Police Complaints Authority 5Our Purpose and Our Operations 9Financial Report 12Organizational Chart 13The Human Resources Department 14The Information Technology Department 15The Communications Department 16The PCA ‘s Triple R, ECO Team 20The Complaints Process 23The Advocate Attorney 25The Legal Counsel, Compliance and Complaints Unit 26 31Commendations 82C 88All matters sent to COP for advice 99The Audited Financial Statements 114 124 137The Police Complaint Authority’s Complaint Form 139
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Independent Police Complaints Authority’s Eleventh Annual Report 5the old, but on building the new.” Socrates Director, Police Complaints AuthorityFOREWORD FROM THE DIRECTOR OF THE POLICE COMPLAINTS AUTHORITY
6 Independent Police Complaints Authority’s Eleventh Annual Report Rebranding The passage of legislation The Miscellaneous Provisions (FATF Compliance) Act, 2020 The Financial Intelligence Unit of Trinidad and Tobago Act, Chapter 72:01, the Central Bank Act, Chap. 79:02, The Financial Institutions Act, Chapter 79:09 and The Securities Act, Chap. 83:02 The Miscellaneous Provisions (Administration of Justice) Act, 2020 was assented. the Coroners Act, Chap. 6:04The Miscellaneous Provisions (Special Reserve Police and Municipal Police Complaints Authority) Act, 2021 the Special Reserve Police
Independent Police Complaints Authority’s Eleventh Annual Report 7Act, Chap. 15:03 (hereinafter referred to as the “SRP Act”) and the PCA Act. Improved access through the use of technology and improving internal systems Education and outreach
8 Independent Police Complaints Authority’s Eleventh Annual ReportMaintaining/ exceeding its record of productivity despite Covid-19 challenges in the to i David WestDirector - Police Complaints Authority
Independent Police Complaints Authority’s Eleventh Annual Report 9 independen investigatewithoutFUNCTIONS police corruption and serious police misconduct;(b) To undertake enquires into, or audits of, any aspect of police activities for the purpose of ascertaining whether there is police corruption or serious police misconduct or circumstances that may be conducive to both;(c) To monitor an investigation conducted by any person or authority in relation to any matter mentioned in paragraph (a) and to undertake audits of those investigations;OUR PURPOSE AND OUR OPERATIONS
10 Independent Police Complaints Authority’s Eleventh Annual Report(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 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 evidence to the Director of Public Prosecutions; or (h) To perform any other functions that may be conferred on it INDEPENDENCE direction or control of any other person in the performance of its POWERSare exercisable by:(a) the Director or Deputy Director personally; 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 The Act also provides for the Authority to conduct investigations
Independent Police Complaints Authority’s Eleventh Annual Report 11on its own initiative or on the basis of complaints from the public, ANNUAL REPORT the Authority to submit to the Minister an annual report of its the Minister to whom responsibility for the Police Complaints This Report features the activities of the Authority for the period AUDITED ACCOUNTSFinancial Statements the accounts of the Authority be audited annually by the Auditor The preparation of the Financial Statements of the Authority for will be forwarded to the Auditor General upon completion in The Report of the Auditor General on the Financial Statements and laid in Parliament by the Attorney General and Minister of A Financial Report on the receipts and expenditure of the PCA for 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;”
12 Independent Police Complaints Authority’s Tenth Annual ReportFINANCIAL REPORT FOR THE PERIOD OCTOBER 1, 2020 TO SEPTEMBER 30, 2021Head /Sub-HeadItem/Sub-ItemAPPROVEDALLOCATIONTOTALEXPENDITUREREVISEDALLOCATIONThe Police Complaints Authority was allocated funding under the sum of Nineteen Million and Seventeen Thousand dollars expenditure and an amount of One Million, Four Hundred During the reporting period, capital and recurrent expenditure charges on the Consolidated Fund totaled One Million, Four The Table below shows the actual unaudited Receipts and TOTAL $20,460,840.00 $20,460,840.00 $19,939,680.55
Independent Police Complaints Authority’s Tenth Annual Report 13FUNCTIONAL ORGANIZATIONAL CHART OF THE PCADeputy DirectorDirectorHead of Legal Counsel,Compliance & ComplaintsSenior Legal OfficerComplaints TeamLegal Counsel &Compliance TeamsHead of InvestigationsSenior Investigations OfficerInvestigations TeamsHead of OperationsFinance and Accounts TeamThe AuthorityHuman Resources TeamInformation Technology TeamAdministrative TeamStatisticianCommunications TeamAdvocate Attorney
14 Independent Police Complaints Authority’s Eleventh Annual ReportHuman Resources (HR) is responsible for attracting, developing, optimize individual and organizational potential and position the PCA as an employer of choice, the HR Department promotes a The Authority and its employees are supported by the HR Department which provides direction, assistance and HR RECRUITMENT AND PROMOTIONS philosophy of professional advancement, three individuals in the Investigations and Legal Units were promoted to maintain TRAINING AND DEVELOPMENT The PCA provided a variety of training and development opportunities during the reporting period under consideration, During this time, employees had access to a variety of training • Investigative Interviewing and Report Writing• Canadian Association for Civilian Oversight of Law Enforcement(CACOLE) Professional Development Virtual Conference• Police Accountability in England and Wales: The Role of Oversight Bodies• Coaching Skills for LeadersTHE HUMAN RESOURCES DEPARTMENT
Independent Police Complaints Authority’s Eleventh Annual Report 15During the reporting period, the Information Technology (IT) Department implemented a virtual access policy which created a safe virtual workspace to facilitate continued operations of the WEBSITE / MOBILE APPLICATION• Creation of a Progressive Web App (PWA) with integration between the Mobile App and the PCA website was of submitting electronic incident reports to the PCA by enhancing the application’s capacity to more securely receive content without restrictions on size, type and MULTI-FUNCTION PRINTERS secure integrated scanning which permitted a simple and ANTI-VIRUS SYSTEM• COMPUTERS• PBX • The PBX System was improved to facilitate the use of PBX Softphones, which are available as an application that can be used on any device remotely as it imitates the capabilities THE INFORMATION TECHNOLOGY DEPARTMENT
16 Independent Police Complaints Authority’s Eleventh Annual ReportThe Communications Department (CD) is responsible for managing, overseeing and evaluating the PCA’s internal and with complainants and employees became the top priority of the The CD is entrusted with the responsibility of preserving good working relationships with primary stakeholders and elevating the public relations, advertising, publications; issues media releases and coordinates community engagement programs as well as By fostering public involvement with the PCA and educating the public about the PCA’s role and activities, the CD increased its REBRANDING logo is the central expression of the PCA’s brand identity and PCA’s brand identity is safeguarded, improved, and exhibited THE COMMUNICATIONS DEPARTMENTFORMER LOGOCURRENT LOGO
Independent Police Complaints Authority’s Eleventh Annual Report 17SOCIAL MEDIA led by the CD, took a decision to develop a series of videos which were posted on social media platforms geared towards educating widespread attention and provoked progressive dialogue between COMMUNITY OUTREACHThe Community Outreach Programme aims to educate the public by providing members of the public with a forum to pose questions During the reporting period, the PCA was able to conduct two
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Independent Police Complaints Authority’s Eleventh Annual Report 19
The PCA’s Triple R, Eco-Team, continues its eorts to incorporate sustainability practices in the oce environment, improving and maintaining an environmentally friendly culture in the workplace.Recycling initiatives previously started continue to be successful, as the use of the recycling bins and the reverse osmosis water-ltration system, are now part of a proud routine for sta members. Following the replacement of physical newspapers with online subscriptions, the Eco-Team expanded its initiatives to reduce paper consumption. Sta members have been asked to print documents as double sided whenever possible. Further, whenever documents have to be printed on a single side, the sta members are encouraged to reuse the blank side as scrap paper, for notes whenever possible. More signicantly, with the Covid 19 pandemic precipitating the increase in virtual meetings, the opportunity was taken to encourage the sta to disseminate and use the documents necessary for these meetings digitally. Additionally, where possible, documents and newspaper articles needed for work are shared digitally on mobile telephones, in secured chat groups. Pay slips are no longer printed routinely and passed out to sta members. Alternatively, they are now sent electronically and printed only when a hard copy is required. E-cards and greetings are now also sent electronically to sta members for holidays and special events. These initiatives have resulted in a notable decrease in the consumption of not only paper, but also ink, as printing has been reduced.The PCA’s Eco-Team is also cognizant of the positive impact that the work from home, arrangements have had on the environment. The PCA recognizes that this has allowed for the reduction of our carbon footprint from the use of vehicles as transport to and from work. As such, the PCA recently installed software on work laptops, which now allows sta to securely access electronic les, outside of the oce, which further reduces the need for travel to and from the oce.THE PCA’S TRIPLE R, ECO-TEAM
Independent Police Complaints Authority’s Tenth Annual Report 21“The greatest threat to our planet is the belief that someone else will save it.”Robert Swan – Environmental AdvocateThis year, the PCA has been eective in making the best use of opportunities presented, to expand our green initiatives. Moreover, we remain steadfast in our commitment to the intent to do all that we can, to respect and preserve our environment.Michelle Solomon-BakshDeputy Director, Police Complaints Authority
22 Independent Police Complaints Authority’s Tenth Annual ReportIN PERSON / HAND DELIVEREDINCIDENT REPORT FORMMOBILEAPPLICATION /PCA WEBSITEMOBILE APPLICATION(“MOBILE APP”) REPORTSA Complaints Officer electronically records the report of a Complainant Where Legal Counsel determines that the matter is not within remit this assessment is forwarded to the Authority for review.Legal Counsel issues correspondence to the complainant outlining whether the matter is/is not within the PCA’s remitThe complaint is classified 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 Officer for the function(s) of the PCA under section 21(1) of the PCA Act to be executed. Each Investigations Officer belongs to a team to which a specific 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 file and all related evidence.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 or to the Advocate Attorney for endorsement and onward transmission the Authority for consideration.The Investigations Officer once satisfied that he/she has completed all instructions/ assignments, submits the file 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/SatisfactoryUpon completion of an electronic complaint form accessed on the PCA's website, or, upon sending an email to info@pca.org.tt an email is automatically generated acknowledging receipt of same.Steps b, c, d and e of the "walk in reports" procedure are followed.(a)(b)(c)(a)(a)(b) (c)(c) (i)Consideration of recommended course of action(e)(d)MAILED 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 file;Same complaint – 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 file; 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.A complaints officer places the emailed report on the electronic case management system and forwards to the Legal Counsel assigned to assess the report.New report and within remit – The correspondence is sent to the Complaints Unit to be uploaded electronically. The Complaints Officer will then forward the electronic report to the Legal Counsel and resubmit the hard copy of all material to the AA LCCCU. THE COMPLAINTS PROCESS(END)(END)(END)(END)An electronic notification is received by the PCA when a report is submitted through the PCA Mobile App. The PCA mobile app user receives an electronic confirmation of receipt of their report. The Legal Counsel forwards the report to the AA LCCCU for onward transmission to a Complaints Officer to upload electronically.Steps b, c, d and e of the ‘’walk in’’ process are followed.Where the Authority approves the recommended course of action, the file 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 officer(s) are informed of the action taken and the accompanying reasons.(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.
IN PERSON / HAND DELIVEREDINCIDENT REPORT FORMMOBILEAPPLICATION /PCA WEBSITEMOBILE APPLICATION(“MOBILE APP”) REPORTSA Complaints Officer electronically records the report of a Complainant Where Legal Counsel determines that the matter is not within remit this assessment is forwarded to the Authority for review.Legal Counsel issues correspondence to the complainant outlining whether the matter is/is not within the PCA’s remitThe complaint is classified 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 Officer for the function(s) of the PCA under section 21(1) of the PCA Act to be executed. Each Investigations Officer belongs to a team to which a specific 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 file and all related evidence.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 or to the Advocate Attorney for endorsement and onward transmission the Authority for consideration.The Investigations Officer once satisfied that he/she has completed all instructions/ assignments, submits the file 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/SatisfactoryUpon completion of an electronic complaint form accessed on the PCA's website, or, upon sending an email to info@pca.org.tt an email is automatically generated acknowledging receipt of same.Steps b, c, d and e of the "walk in reports" procedure are followed.(a)(b)(c)(a)(a)(b) (c)(c) (i)Consideration of recommended course of action(e)(d)MAILED 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 file;Same complaint – 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 file; 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.A complaints officer places the emailed report on the electronic case management system and forwards to the Legal Counsel assigned to assess the report.New report and within remit – The correspondence is sent to the Complaints Unit to be uploaded electronically. The Complaints Officer will then forward the electronic report to the Legal Counsel and resubmit the hard copy of all material to the AA LCCCU. THE COMPLAINTS PROCESS(END)(END)(END)(END)An electronic notification is received by the PCA when a report is submitted through the PCA Mobile App. The PCA mobile app user receives an electronic confirmation of receipt of their report. The Legal Counsel forwards the report to the AA LCCCU for onward transmission to a Complaints Officer to upload electronically.Steps b, c, d and e of the ‘’walk in’’ process are followed.Where the Authority approves the recommended course of action, the file 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 officer(s) are informed of the action taken and the accompanying reasons.(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.
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 affixing a signature and the word “approved” on the MemorandumThe LCCCU generates a complaint number and forwards the physical and electronic file 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 identified 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 INITIATED PROCESSAll material is returned to the Administrative Assistant to the LCCCU for filing and storage(END)(END)
Independent Police Complaints Authority’s Eleventh Annual Report 25The Advocate Attorney (AA) performs an array of roles and passage of the Miscellaneous Provisions (Administration of Justice) Act, 2020 expanded the AA’s role as it relates to Authority on changes to the legislative landscape in which THE OFFICE OF THE ADVOCATE ATTORNEY
26 Independent Police Complaints Authority’s Eleventh Annual ReportTHE LEGAL COUNSEL, COMPLIANCE AND COMPLAINTS UNIT previous reporting periods, whilst mitigating against the inherent honed its skills of coordination, organization, adaptability and Although the working environment and the manner in which the LCCCU operated had to be altered frequently, it never lost sight Having the unwavering commitment of all, as a unit the LCCCU The outcomes delivered during the reporting period are presented hereunder and are a testament to the steadfastness • Number of Incident reports received by the LCCCU for the • Number of matters which were assessed as complaints and • Number of matters which were closed with no further of the Commissioner of Police and the Director of Public Prosecutions with recommendations for the institution of -Achievement in a time of adversity-
Independent Police Complaints Authority’s Eleventh Annual Report 27 the Commissioner of Police with recommendations for the institution of disciplinary proceedings or the taking of Commissioner of Police with advice on ways in which to Director of Public Prosecutions with recommendations for • Number of matters in which information and or evidence In addition to assisting with the core functions and substantive work of the Police Complaints Authority, the LCCCU was governing legislation of the Police Complaints Authority and
28 Independent Police Complaints Authority’s Eleventh Annual Report DEFINITION OF A COMPLAINT:• Police corruption;• Serious police misconduct; PURPOSE: useful information and comparable data; and CLASSIFICATION OF A COMPLAINT: • Where there is more than one alleged infraction in a complaint, the most serious allegation is utilized in the AUTOMATIC CLASSIFICATION 5: below; or below, notwithstanding the level of seriousness of the complaint;COMPLAINTS CLASSIFICATION AND RATING GUIDELINES
Independent Police Complaints Authority’s Eleventh Annual Report 29Automatic Classication 5: Serious Nature of Complaint • Fatal Shooting; • Death in Police Custody (including instances of hanging violence); and• Any Incident with a Fatality;Automatic Classication 5: Urgent Nature of Complaint• A complaint in which the Statutory Limitation Period demands urgency; and• A complaint of high national, regional or international importance;DEFINITION OF POLICE CORRUPTION – By Section 4 of the Police Complaints Authority Act- AUTOMATIC CLASSIFICATION 4:• Police Corruption; the Dangerous Drug Act;DEFINITION OF SERIOUS POLICE MISCONDUCT- Under Section 4 of the Police Complaints Authority Act-
30 Independent Police Complaints Authority’s Eleventh Annual ReportINVESTIGATIONS DEPARTMENT investigators with collective experience in intelligence, homicide, During the reporting period, the Authority created a sixth investigative team and revised the team compositions to ensure that each team possessed persons with varied skill sets and Due to the ongoing pandemic and its related restrictions, the PCA investigators utilized electronic communication platforms The ID maintained its guiding philosophy of incremental achievement on the path towards excellence whilst
Independent Police Complaints Authority’s Eleventh Annual Report 31INITIAL REPORTS Therefore, the total number of IRs assessed for the reporting the table below:A STATISTICAL REPORT FOR THE PERIOD 2020-2021InitialReportsassessedfortheyear:October1,2020toSeptember30,2021October1,2019toSeptember30,2020# %# %ReportsWithinRemit 467 47%396 54%ReportsNotWithinRemit 517 53%341 46%Total 984 100%737 100%
32 Independent Police Complaints Authority’s Eleventh Annual Report during this reporting period when compared to the previous The chart on the right depicts the upward trend in the number While there was an uptick in IRs, the number characterized 020040060080010002020 - 2021 2019 - 2020 2018 - 2019Reports Within Remit Reports Not Within Remit98473763747%54% 65%
Independent Police Complaints Authority’s Eleventh Annual Report 33COMPLAINTSThis section explores the complaints submitted to the Authority, their classications, the frequency of complaints over the reporting period and the mode in which the complaints were submitted to the Authority. COMPLAINTS - CLASSIFICATION as shown in the table:fact, there was an increase in all categories of complaints except for those deemed “most serious” as shown in the table:Complaints classified for the year:October 1, 2020 toSeptember 30,2021DeltaClassification # # %1 – Least Serious 34 2821%2 61 3669%3 135 9247%4 58 38 53%5 – Most Serious 179 202 -11%Total 467 396 18%October 1, 2019 toSeptember 30,2020Please see pages 28 and 29 for Classication Guidelines.
34 Independent Police Complaints Authority’s Eleventh Annual ReportFor this reporting period, there was an almost even split of 1089438923628111685813561340 20 40 60 80 100 120 1405 - Limitation Period5 - Urgent4321 - Least SeriousComplaints 2020 - 2021 (#) Complaints 2019 - 2020 (#)
Independent Police Complaints Authority’s Eleventh Annual Report 35COMPLAINTS – MONTHLY FREQUENCYThe chart and table below show the trend in the number of complaints forwarded from the LCCCU to the Investigations Department each month for this reporting period and the one The month of July showed the highest number of complaints being submitted to the Investigations Department while the from the previous reporting period, July was again the month in which the highest number of complaints were submitted to the Investigations Department while April and May saw the lowest Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep2020 - 202142 31 32 42 27 47 48 22 29 64 47 362019 - 202040 18 39 48 40 24 0 0 73 77 21 16010203040506070802020 - 2021 2019 - 2020
36 Independent Police Complaints Authority’s Eleventh Annual ReportComplaints submitted to theInvestigations Department by MonthOctober 1, 2020 toSeptember 30, 2021October 1, 2019 toSeptember 30, 2020# % # %Oct 42 9% 40 10%Nov 31 6% 18 5%Dec 32 7% 39 10%Jan 42 9% 48 12%Feb 27 6% 40 10%Mar 47 10% 24 6%Apr 48 10% 0 0%May 22 5% 0 0%Jun 29 6% 73 18%Jul 64 14% 77 20%Aug 47 10% 21 5%Sep 36 8% 16 4%Total 467 100% 396 100%
Independent Police Complaints Authority’s Eleventh Annual Report 37COMPLAINTS – TREND The number of complaints received during each reporting is shown in the table below: compared Complaintsclassifiedfortheyear:October1,2020toSeptember30,2021October1,2019toSeptember30,2020DeltaClassification ## %1–LeastSerious 3428 21%2 6136 69%3 13592 47%4 58 38 53%5–MostSerious 179 202 ‑11%Total 467 396 18%ComplaintssubmittedtotheInvestigationsDepartmentbyMonthOctober1,2020toSeptember30,2021October1,2019toSeptember30,2020# %# %Oct 42 9%40 10%Nov 31 6%18 5%Dec 32 7%39 10%Jan 42 9%48 12%Feb 27 6%40 10%Mar 47 10%24 6%Apr 48 10%0 0%May 22 5%0 0%Jun 29 6%73 18%Jul 64 14%77 20%Aug 47 10%21 5%Sep 36 8%16 4%Total 467 100%396 100%ReportingYears2010‑20112011‑20122012‑20132013‑20142014‑20152015‑20162016–20172017‑20182018‑20192019‑20202020‑2021NumberofComplaints2553404704913213202844204123964672558513021-170-1-36136-8-16714672010 - 20112011 - 20122012 - 20132013 - 20142014 - 20152015 - 20162016 - 20172017 - 20182018 - 20192019 - 20202020 - 20210100200300400500600IncreaseDecreaseTotal
38 Independent Police Complaints Authority’s Eleventh Annual ReportCOMPLAINTS – METHOD OF RECEIPT There are several media through which the PCA receives of the PCA Act, the Authority, on its own initiative, could conduct investigations and these matters are referred to as PCA Initiated from the most frequent to the least frequent method of receipt is October1,2020toSeptember30,2021MethodofReceipt# %InPerson 107 23%PCAInitiated 97 21%Email 84 18%Website 74 16%MobileApplication49 10%HandDeliveredIncidentReportForm33 7%Mailed‑in 23 5%Total 467 100%
Independent Police Complaints Authority’s Eleventh Annual Report 39 received via the PCA website when comparing this reporting Complaints which were received by hand quadrupled while Even though there was a decrease in the number of PCA Initiated complaints and those made in person, these remained the most
40 Independent Police Complaints Authority’s Eleventh Annual ReportCOMPLAINTS – PCA INITIATEDHereunder is a graphical display of the various methods of receiving complaints over the reporting period and a further were initiated after receiving reports from the Trinidad and Tobago Police Service (TTPS), the Professional Standards Bureau In Person Complaint23%Email18%Newspaper81%PCA Website16%Mobile Application10%Hand Delivered7%Mail-in Complaint5%Facebook/Social Media10%TTPS/PSB Reports7%Other1%Stakeholder1%PCA Initiated21%
Independent Police Complaints Authority’s Eleventh Annual Report 41The number of PCA Initiated complaints has steadily increased 335530-15-320211214-25972010 -20112011 -20122012 -20132013 -20142014 -20152015 -20162016 -20172017 -20182018 -20192019 -20202020 -2021020406080100120140IncreaseDecreaseTotal
42 Independent Police Complaints Authority’s Eleventh Annual ReportAdditionally, there was an upward trend in the number of PCA Initiated complaints as a percentage of the total number of complaints were initiated by the PCA, while in this reporting 1%11%9%15%18%17%26%23%26%31%21%0%5%10%15%20%25%30%35%2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
Independent Police Complaints Authority’s Eleventh Annual Report 43COMPLAINTS – POLICE DIVISIONSDuring the reporting period, the number of complaints across Trinidad and Tobago, varied significantly as Most complaints were split evenly between the 76 7671463837 37342824Northern Central Unknown* SouthernWestern Port of Spain Eastern TobagoSouth-Western North-Eastern80706050403020100*Please refer to items 1, 2, 4, 6 and 9 appearing on Page 80 entitled “Unknown”.
44 Independent Police Complaints Authority’s Eleventh Annual Report retained the highest numbers of complaints involving police Eastern divisions where the percentage of complaints declined 10%5%6%11%7%7%11%5%15%23%5%6%7%8%8%8%10%15%16%16%0% 5% 10% 15% 20% 25%North-EasternSouth-WesternTobagoPort of SpainEasternWesternSouthernUnknown*CentralNorthernComplaints 2020 - 2021 (%) Complaints 2019 - 2020 (%)
Independent Police Complaints Authority’s Eleventh Annual Report 45COMPLAINTS – POLICE DIVISIONS – NORTHERN & CENTRAL DIVISIONS reporting period: Arima Arouca St. Joseph TunapunaLaHorquettaMaracas/St.JosephMalabarPolice PostMaloneyPiarco UnknownPinto PolicePostSanRaphaelCumuto2020/202116 12 12 12 6 4 3 3 3 3 1 1 02019/202014 18 21 13 10 3 2 1 3 2 2 0 105101520253035
46 Independent Police Complaints Authority’s Eleventh Annual Reportattached to the stations or posts within the Central Division for appears below:In this reporting period, only the Chaguanas and Couva police exception of the Chaguanas Police station which stood at Chaguanas Couva Cunupia Unknown Freeport Gran Couva CaroniLongdenvillePolice PostBrasso PoliceStationCentralDivision TaskForce (CDTF)Las Lomas2020/202128 10 9 8 6 5 4 4 1 1 02019/202019 7 9 7 8 3 1 3 0 0 305101520253035404550
Independent Police Complaints Authority’s Eleventh Annual Report 47SanFernandoGasparillo MarabellaPrincesTownBarrackporeUnknown Tableland MorugaSt.MargaretsSouthernDivisionTask Force(SDTF)DebePolice PostSte.MadeleineMon ReposSt. Mary'sPolice Post2020/20219 6 6 6 4 4 3 2 2 2 1 1 0 02019/20207 5 5 8 5 2 0 1 4 0 1 3 2 1024681012141618COMPLAINTS – POLICE DIVISIONS – SOUTHERN & WESTERN DIVISIONS reporting periods are exhibited below: each police station or post was comparably similar with only
48 Independent Police Complaints Authority’s Eleventh Annual ReportWest End Carenage Maraval St.James Four Roads Unknown Maraval2020/202113 9 3 5 6 2 02019/20205 5 6 0 7 3 202468101214161820
Independent Police Complaints Authority’s Eleventh Annual Report 49COMPLAINTS – POLICE DIVISIONS – PORT OF SPAIN & EASTERN DIVISIONS The Besson Street police station recorded the largest number of BessonStreetUnknown BelmontCentralPoliceStationSt. Barb'sPolice PostSt. Clair WoodbrookPort-of-SpainSpecial UnitDuncanStreet PolicePost2020/202112 9 5 4 2 2 2 1 02019/202016 12 3 8 1 0 3 0 1051015202530
50 Independent Police Complaints Authority’s Eleventh Annual Report of the highest number of complaints in the Eastern Division for reporting period, the number of complaints involving police SangreGrandeValenciaPolice PostMayaro Rio ClaroEasternDivisionTask Force(EDTF)Manzanilla Matura Toco Unknown2020/202112 11 5 3 2 2 1 1 02019/202015 6 4 0 0 0 1 0 3051015202530
Independent Police Complaints Authority’s Eleventh Annual Report 51COMPLAINTS – POLICE DIVISIONS – TOBAGO & SOUTH-WESTERN DIVISIONS below: reporting periods, the Scarborough police station was the only Scarborough Crown Point RoxboroughShirvan RoadPolice StationUnknown Old Grange Charlotteville Moriah2020/202115 5 5 4 4 1 0 02019/202012 2 2 2 3 0 2 2051015202530
52 Independent Police Complaints Authority’s Eleventh Annual Report are exhibited below: Penal Siparia Fyzabad Santa Flora La Brea Oropouche Point Fortin Cedros Erin Guapo2020/20217 6 4 3 2 2 2 1 1 02019/20203 2 3 1 2 3 4 0 0 1024681012
Independent Police Complaints Authority’s Eleventh Annual Report 53COMPLAINTS – POLICE DIVISIONS – NORTH-EASTERN DIVISION between the San Juan and Morvant police stations for the most San Juan Santa CruzBarataria/ElSocorroMorvantNorth-EasternDivision TaskForce (NEDTF)Blanchisseuse Unknown2020/20219 5 3 3 2 1 12019/202012 6 6 12 0 1 10510152025
54 Independent Police Complaints Authority’s Eleventh Annual ReportVICTIMSThis section concerns the alleged victims; whether they or their representatives submitted complaints with the Authority; the number of alleged victims involved in complaints during the reporting period and the demographic characteristics of the alleged victims.COMPLAINANTSDuring the reporting period, complaints were made by the alleged victims or their legal, familial or other suitable Additionally, complaints were received from persons who The complainants were as follows: ComplaintsoverthereportingperiodOctober1,2020toSeptmember30,2021Complainant # %Victim 290 62%PCAInitiated 97 21%Non‑victim 76 16%Anonymous 4 1%Total 467 100%
Independent Police Complaints Authority’s Eleventh Annual Report 55 Complaints received from persons other than the victims nearly 2909778422912241 4050100150200250300Victim PCA Initiated Non-victim AnonymousOctober 1, 2020 to September 30, 2021 October 1, 2019 to September 30, 2020
56 Independent Police Complaints Authority’s Eleventh Annual ReportCOMPLAINTS - VICTIMS below reveals the number of victims in each complaint for the Please refer to items 1, 4, and 9 appearing on Page 80 entitled “Unknown”.
Independent Police Complaints Authority’s Eleventh Annual Report 57 050100150200250300350400450500October 1, 2020 to September 30, 2021October 1, 2019 to September 30, 20201 Victim3803522 Victims23183 Victims774 Victims215 Victims01TTPS512Company01Unknown504Total467396
58 Independent Police Complaints Authority’s Eleventh Annual ReportVICTIMS - NUMBERComparing the number of victims over the reporting periods comparative years but decreased with respect to complaints Reporting periods:s Delta#VictimsperComplaint#Complaints#Victims#Complaints#Victims#Victims1Victim 380 380 352 352 282Victims 23 46 18 36 103Victims 7 21 7 21 04Victims 2 8 1 4 45Victims 0 0 1 5 ‑5TTPS 5 ‑ 12 ‑ ‑Company 0 ‑ 1 ‑ ‑Unknown 50 ‑ 4 ‑ ‑Total 467 455 396 418 37Please refer to items 1, 4, and 9 appearing on Page 80 entitled “Unknown”.
Independent Police Complaints Authority’s Eleventh Annual Report 59VICTIMS - GENDER The proportion of male victims to female victims to unknown ReportingPeriod:October1,2020toSeptember30,2021Gender # %Male 305 69%Female 131 29%Unknown 9 2%Total 445 100%October 1, 2020to September 30, 2021October 1, 2019to September 30, 20209 13131 119UnknownFemaleMale305 280305280131119913Please refer to items 1, 4, and 9 appearing on Page 80 entitled “Unknown”.
60 Independent Police Complaints Authority’s Eleventh Annual ReportVICTIMS - AGEknown victims’ ages in the various age groups for this reporting period appears below: 0%2%4%6%8%10%12%14%16%18%20%051015202530354045500 - 5 6 - 10 11 - 15 16 - 20 21- 25 26 - 30 31 - 35 36 - 40 41 - 45 46 - 50 51 - 55 56 - 60 61 - 65 66 - 70 71 - 75 76 - 80 81 - 85
Independent Police Complaints Authority’s Eleventh Annual Report 61VICTIMS - ETHNICITYThe victims’ ethnicities over the reporting period appears below: With the exception of the “Unknown” category, victims of African below illustrates the ethnicity of the victims over this reporting period: reporting period :ReportingperiodOctober1,2020toSeptember30,2021Ethnicity # %Unknown 176 40%African 140 31%EastIndian 83 19%Mixed 41 9%Hispanic 5 1%Total 445 100%African31%East Indian19%Hispanic 1%Mixed9%Unknown40%African30%East Indian14%Hispanic0%Mixed9%Unknown47%
62 Independent Police Complaints Authority’s Eleventh Annual ReportPOLICE OFFICERSThis section describes the number and ranks of Police Ocers involved in reported incidents over the review year. COMPLAINTS – POLICE OFFICERS for the reporting period: Complaintsover the reportingperiod :October1,2020toSeptember30,2021# Officers # %1 Officer 193 41%2 Officers 85 18%3 Officers 33 7%4 Offices 16 4%5 Officers 6 1%6 Officers 4 1%7 Officers 1 0%8 Officers 2 0%10 Officers 2 1%15Officers 1 0%Unknown 124 27%Total 46799% Please refer to items 1, 4, and 9 appearing on Page 80 entitled “Unknown”.
Independent Police Complaints Authority’s Eleventh Annual Report 63050100150200250300350400450500October 1, 2020 to September 30, 2021October 1, 2019 to September 30, 20201 Officer1931952 Officers85553 Officers33314 Officers16145 Officers656 Officers437 Officers128 Officers219 Officers0110 Officers2011 Officers0115 Officers1018 Officers01Unknown12487Total467396
64 Independent Police Complaints Authority’s Eleventh Annual ReportPOLICE OFFICERS - NUMBER involved in complaints in this reporting period when With the exception of the Unknown category, there Reportingperiods:s October1,2020toSeptember30, 2021October1,2019toSeptember30,2020Delta# PoliceOfficers perComplaint#Complaints#Officers#Complaints#Officers#Officers1 PoliceOfficer 193 193 195 195 ‑22 PoliceOfficers 85 170 55 110 603 PoliceOfficers 33 99 31 93 64 PoliceOfficers 16 64 14 56 85 PoliceOfficers 6 30 5 25 56 PoliceOfficers 4 24 3 18 67 PoliceOfficers 1 7 2 14 ‑78 PoliceOfficers 2 16 1 8 89 PoliceOfficers ‑ ‑ 1 9 ‑910 PoliceOfficers 2 20 ‑ ‑ 2011 PoliceOfficers ‑ ‑ 1 11 ‑1112 PoliceOfficers ‑ ‑ ‑ ‑ ‑13 PoliceOfficers ‑ ‑ ‑ ‑ ‑14 PoliceOfficers ‑ ‑ ‑ ‑ ‑15 PoliceOfficers 1 15 ‑ ‑ 1516 PoliceOfficers ‑ ‑ ‑ ‑ ‑17 PoliceOfficers ‑ ‑ ‑ ‑ ‑18 PoliceOfficers ‑ ‑ 1 18 ‑18Unknown 124‑87 ‑ ‑Total 467 638 396 557 81
Independent Police Complaints Authority’s Eleventh Annual Report 65POLICE OFFICERS - RANK whose ranks were unknown at the time of compiling this Reportingperiod:October1,2020toSeptember30,2021Officers’Ranks # %Constable 255 43%Unknown 218 37%Sergeant 56 9%Corporal 35 6%Inspector 20 3%AssistantSuperintendent 7 1%SeniorSuperintendent 4 1%CommissionerofPolice 2 0%DeputyCommissionerofPolice1 0%Total 598 100%Please refer to items 1, 4, and 9 appearing on Page 80 entitled “Unknown”.
66 Independent Police Complaints Authority’s Eleventh Annual ReportIn this reporting period and the one immediately preceding it, involved in complaints during this reporting period, there were 2020 / 2021 2019 / 2020Commissioner of Police2 1Deputy Commissioner of Police1 1Senior Superintendent4 2Superintendent0 5Asst Superintendent7 7Inspector20 21Sergeant56 42Corporal35 40Constable255 273Unknown218 153050100150200250300
Independent Police Complaints Authority’s Eleventh Annual Report 67ALLEGATIONSThis section covers the allegations made against Police Ocers; the disciplinary and /or criminal oences allegedly committed by the Police Ocers who were subjects of investigations in this reporting period.ALLEGATIONS – DISCIPLINARY OFFENCES A graphical comparison of the number of allegations of 050100150200250300350DiscreditableConductNeglect of Duty Unlawful orunnecessaryexercise ofAuthorityDisobedience toOrdersCorrupt Practice Other Falsehood orPrevaricationInsubordinate orOppressiveConductUsing anyproperty orfacility of theService withoutthe writtenconsent of theCommissionerBeing anaccessory to adisciplinaryoffenceBreach ofConfidenceDrunkenness ordrug takingDrinking on dutyor solicitingdrinkBeing uncivil toa member ofthe publicOctober 1, 2020 to September 30, 2021 October 1, 2019 to September 30, 2020
68 Independent Police Complaints Authority’s Eleventh Annual ReportConduct, Neglect of Duty and Unlawful or unnecessary exercise below: during this reporting period with Neglect of Duty showing ReportingperiodsSOctober1,2020toSeptember30,2021October1,2019toSeptember30,2020DeltaDisciplinaryOffences#Officers#Officers #DiscreditableConduct320300 20NeglectofDuty 266207 59UnlawfulorunnecessaryexerciseofAuthority167196 ‑29DisobediencetoOrders5745 12CorruptPractice 3730 7
Independent Police Complaints Authority’s Eleventh Annual Report 69ALLEGATIONS – CRIMINAL OFFENCES Fatalities and Near Fatalities catergory in this reporting period A graphical comparison of the number of allegations of criminal Other Offences AssaultsFatalities andNear FatalitiesFraud andCorruptionLarceny Firearm OffencesDamage toPropertySexual Offences2020 / 2021177 121 117 41 34 32 29 62019 / 2020179 127 96 41 31 36 24 2020406080100120140160180200
70 Independent Police Complaints Authority’s Eleventh Annual ReportALLEGATIONS – CRIMINAL OFFENCES – OTHER OFFENCES & ASSAULTS Obscene Language, Dangerous Driving, Driving under the in this reporting period, albeit a reduction from the one hundred 2233111615323346141450 20 40 60 80 100 120 140 160Driving under the InfluenceKidnappingKilling or Wounding AnimalsDangerous DrivingFailure to Report an AccidentInsulting/Annoying/Violent languageOffences Under Section S-53 Police Service ActUse of Obscene LanguageMisbehaviour in Public Office2020 / 2021 2019 / 2020
Independent Police Complaints Authority’s Eleventh Annual Report 71 Assault by Beating, Common Assault and Harassment were the these types of Assaults, a decline from the one hundred and 1254123082123381127660 10 20 30 40 50 60 70 80 90Assault occasioning a woundAssault occasioning grievous bodily injurySection 12 OAPA - Wounding with IntentSection 30B OAPA - Putting a Person in Fear of ViolenceAssault occasioning grievous bodily harmHarassmentCommon AssaultAssault by Beating2020 / 2021 2019 / 2020
72 Independent Police Complaints Authority’s Eleventh Annual ReportALLEGATIONS – CRIMINAL OFFENCES – FATALITIES AND NEAR FATALITIES & FRAUD AND CORRUPTION displayed below: 1111313333112047480 5 10 15 20 25 30 35 40 45 50ManslaughterAttempted MurderCausing Death by Dangerous DrivingDeath in Police CustodyNon-Fatal ShootingsMurderFatal Shootings2020 / 2021 2019 / 2020
Independent Police Complaints Authority’s Eleventh Annual Report 73 graphically displayed below: 12137127310 5 10 15 20 25 30 35 40False PretencesUttering (s.9 Forgery Act)Corruption in OfficePerverting the Course of Justice2020 / 2021 2019 / 2020
74 Independent Police Complaints Authority’s Eleventh Annual ReportAllegations – Criminal Oences – Larceny & Firearm Oences below:11291330 5 10 15 20 25 30 35Demanding money with menacesRobberyLarceny2020 / 2021 2019 / 2020
Independent Police Complaints Authority’s Eleventh Annual Report 75 below: 2133116250 5 10 15 20 25 30 35Section 28 (1A) Firearms ActPossession of a firearmDischarging a firearm within 40 metres of a roadShooting with intent2020 / 2021 2019 / 2020
76 Independent Police Complaints Authority’s Eleventh Annual ReportALLEGATIONS – CRIMINAL OFFENCES – DAMAGE TO PROPERTY & SEXUAL OFFENCES depicted below: 24290 5 10 15 20 25 30Malicious Damage2020 / 2021 2019 / 2020
Independent Police Complaints Authority’s Eleventh Annual Report 77depicted below: 1111220 1 2 3 4 5Serious IndecencySex with a female under 14Indecent AssaultRape2020 / 2021 2019 / 2020
78 Independent Police Complaints Authority’s Eleventh Annual ReportCOMPLAINTS - STATUS UPDATE This section concludes with the actions undertaken by the Authority during the reporting period and discloses the number of matters closed with no further action and the matters referred to the Director of Public Prosecutions (DPP) and/or Commissioner of Police (CoP) COMPLAINTS - STATUS UPDATEThe Authority undertook the following actions with repect to the completed during this reporting period, three hundred and forwarded to the CoP with recommendations for consideration to be given to the institution of disciplinary proceedings or further recommendations for consideration to be given to the institution The actions undertaken for all investigations completed over
Independent Police Complaints Authority’s Eleventh Annual Report 7933452813136645197Closed with no further actionForwarded to Commissioner of Police (CoP)Forwarded to Director of Public Prosecutions (DPP)Forwarded to both CoP andDPPForwarded to Police Service Commission (PSC)Reportingperiod:October1,2020toSeptember30,2021Actions # %Closedwithnofurtheraction 366 84%ForwardedtoCommissionerofPolice(CoP) 45 10%ForwardedtoDirectorofPublicProsecutions(DPP)19 4%ForwardedtobothCoPandDPP 7 2%Total 437 100%
80 Independent Police Complaints Authority’s Eleventh Annual Report‘UNKNOWN’Data may be unknown owing to the following: submission is by email, post, fax or mobile application, the ethnicity, gender and age of the Complainant as well as and gender may not be available to the PCA in these A complaint may be vague, for example, a report of to provide the Rank, Regimental Number or Gender for each If no further details are discovered during the investigation, demographic details for the alleged victim or the Police (s) will also remain unknown in circumstances where the
Independent Police Complaints Authority’s Eleventh Annual Report 81 victim, the age, ethnicity and gender of the alleged victim may not readily be available at the outset of the investigation, and may only be discernible if and when the complainant provides accurate contact information for the alleged victim, under review, demographic data may not have yet been retrieved from the relevant individuals resulting in such data being unknown at the time of the publication of the Annual at an early stage of the complaint process, information on the course of the investigation, this information may remain under the PCA Act, there will be no information regarding initiative, the information as it relates to demographic data on
82 Independent Police Complaints Authority’s Eleventh Annual ReportCOMMENDATIONS
Independent Police Complaints Authority’s Eleventh Annual Report 83GERRY MCNEILLY, LLB Consulting and Mediation Services (647) 330-0056 gmcneilly@gmail.com December 29, 2020 Mr. David V. W. West, Director Police Complaints Authority Level 24, Tower D, International Waterfront Centre 1A Wrightson Road, Port of Spain, Trinidad and Tobago, West Indies Dear Mr. West, Congratulations to the Police Complaints Authority of Trinidad and Tobago on your 10th Anniversary of “Finding Truth and Ensuring Justice” through your exceptional and effective work in civilian oversight of police. The purpose of independent police oversight by civilians is the promotion and maintenance of community (public) confidence in police and policing, and enhancing the trust and confidence of police and the public complaints and review system. In any democracy, police oversight is critical and necessary because if we do not hold police accountable, if we do not insist that policing be done fairly and with transparency, we lose or weaken our ability of ensure that those to whom we have given the most coercive and extraordinary power can operate outside the rule of law without oversight. From my interactions with the Police Complaints Authority, I can clearly state that in my opinion, the purpose of your organization’s role has been highly effective and commendable in the work you have carried out these past 10 years, and I am sure this will continue in the years to come. As an organization, you continue to build inroads, trust, and confidence in the work you do. Your organization is a leader and inspiration for other police oversight agencies worldwide. Again, congratulations on this momentous occasion and all the best in the years ahead. Continue to be vigilant and strong as you provide leadership in the area of civilian oversight. Sincerely, Gerry McNeilly Gerry McNeilly, Barrister and Solicitor Former Director, Office of the Independent Police Review Director for Ontario
84 Independent Police Complaints Authority’s Eleventh Annual Report British High Commission
Independent Police Complaints Authority’s Eleventh Annual Report 85Congratulations Police Complaint Authority on your 10th Anniversary Hugh B. FaulknerCommissioner INDECOM, Jamaica
86 Independent Police Complaints Authority’s Eleventh Annual ReportThe Importance of Independent Police Oversight Agencies
Independent Police Complaints Authority’s Eleventh Annual Report 87or inaction are rife. agencies. agencies and this necessitates increased resource allocation and equitable societies.References Dr. Wendell C. Wallace Deputy Dean, Distance Education and Outreach/Lecturer in Criminology and Criminal JusticeThe University of the West Indies, St. Augustine
88 Independent Police Complaints Authority’s Tenth Annual Report which was the legislation that created the Police Complaints Authority which exists CELEBRATING MS. COLLEEN GREAVES-ST. AUDETEN QUESTIONS ON OUR TEN YEAR ANNIVERSARY
Independent Police Complaints Authority’s Tenth Annual Report 89Q1: In your time at the PCA, what did you enjoy the most about working here? A: There was always a good camaraderie at the PCA and it was Q2: In your time here, what was your greatest achievement? What are you most proud of? A: I am most proud of being able to work and get along with many Q3: What are your greatest personal and/or professional strengths today? Did the PCA help to foster these strengths? A: My greatest personal strength is getting along with everyone by was bing able to perform my duties in every department of the Q4: What was your most memorable moment at the PCA? A: me was when I had an unfortunate incident where my son was Q5: What is your opinion on the work environment at the PCA? A: Q6: Describe the characteristics of the co-worker with whom you enjoyed working with most.A: Q7: What were your greatest challenges faced at the PCA and how did this help you to grow?A: The only challenge I can recall was accepting the transition Q8: What will you miss the most about the PCA after your retirement? A: Q9: What do you think that you will be remembered for? A: I hope I will be remembered for being a kind, pleasant, friendly Q10: What advice would you give to a new member of the PCA?A: Accept people for who they are, try to get along with them and show your warm and friendly personality, and always be willing
90 Independent Police Complaints Authority’s Tenth Annual ReportNO. AMENDMENT ACTService Regulations now apply to members deemed to be applicable to any matter involving serious police IMPROVED OVERSIGHT OF THE POLICE COMPLAINTS AUTHORITY[AMENDMENTS OF 2020 & 2021]
Independent Police Complaints Authority’s Tenth Annual Report 91NO. AMENDMENT ACTthe Authority considers such breach to be “so serious” as to bring the Special Reserve Police Service into disrepute, that now constitutes “serious police misconduct” deemed to be applicable to any matter involving serious police breach of the Municipal Police Regulations and the Authority considers such breach to be “so serious” as to bring the Special Reserve Police Service into disrepute, that now constitutes “serious police misconduct” the term “serious police misconduct” to include disciplinary
92 Independent Police Complaints Authority’s Tenth Annual ReportNO. AMENDMENT ACTThe Authority may refer a preliminary to, inter alia, the Assistant Commissioner of the Municipal Police Service (in relation of the Trinidad and Tobago Police Service by, inter alia, by inserting after the word “Commissioner”, the word the Miscellaneous Provisions (Special Reserve Police and Police refers to the Director or Assistant Commissioner of the Municipal On conclusion of an investigation, in accordance Authority Act, the Authority always had the power to make and assessment and form an opinion recognition and inclusion of Special Reserve Act, recommendations and referrals for discipline can now include members of the Special Miscellaneous Provisions (Special Reserve Police and
Independent Police Complaints Authority’s Tenth Annual Report 93NO. AMENDMENT ACTto eliminate police corruption and serious police misconduct in relation to the Special Reserve inserting after the words “Police Service” the words “, the The PCA can gather and refer evidence that may be admissible in the prosecution of a inserting after the words “Police Service” the words “, the The PCA can gather evidence that may be used in the investigation of serious police misconduct and furnish such evidence to, inter alia, the Assistant Commissioner
94 Independent Police Complaints Authority’s Tenth Annual ReportNO. AMENDMENT ACTThe PCA is entitled to immediately receive Commissioner of Municipal Police on criminal (Special Reserve Police and Police Complaints Authority words “and the Commissioner” and substituting the words “, the Commissioner or the Assistant Commissioner”;wherever they occur and substituting in each place, the These amendments now impose a duty on the Assistant Commissioner of Municipal Police to inform the Police Complaints Authority where information or a complaint is
Independent Police Complaints Authority’s Tenth Annual Report 95NO. AMENDMENT ACTWithin three months of the making of a recommendation, the PCA is entitled to receive written feedback from the Commissioner of Police, the Police Service Commission, the Assistant Commissioner of the Municipal Police and Director of Public Prosecutions in relation to matters referred and can (Special Reserve Police and Police Complaints provide that where the Police Complaints Authority makes a recommendation upon the conclusion of an investigation, within three months of making such recommendation, the Commissioner of Police or the Assistant Commissioner of Municipal Police or the Director of Public Prosecutions, as the case may be, is required to provide a written statement, with reasons, or provide a written update, to the Police Complaints Authority on, inter alia,
96 Independent Police Complaints Authority’s Tenth Annual ReportNO. AMENDMENT ACTFor a period of three months from the date that a member of the authority amends the Police Complaints Authority Act by inserting after to the expiry of the term for which he has been appointed, the Authority is deemed to be properly constituted with the remaining member for a period not exceeding three months from the date immediately following the death, resignation or
Independent Police Complaints Authority’s Tenth Annual Report 97NO. AMENDMENT ACTThe Authority is entitled to obtain reports from the FIU and witness statements under the Income Tax Act, Financial Institutions THE MISCELLANEOUS PROVISIONS (FATF COMPLIANCE) ACT, At Paragraph (e) by providing that where the FIUTT submits a transmit a copy of the report to the Police Complaints Authority new paragraph (c) which would require that the Police Complaints Authority be provided with witness statements for the purpose of Authority be provided with witness statements for the purpose of Authority be provided with witness statements for the purposes of
98 Independent Police Complaints Authority’s Tenth Annual ReportNO. AMENDMENT ACTThe PCA can be actively involved in preliminary investigations and Coroner’s Inquests Complaints Authority (PCA) is to be listed as an interested party where a preliminary investigation concerns the investigation monitored, audited or carried out by the PCA;provide that the PCA shall be given written notice where an inquest is to be held in respect of the death of a person which
Independent Police Complaints Authority’s Tenth Annual Report 99NO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05The implementation of such a system will assist in rebutting allegations of serious police misconduct, to wit, ALL MATTERS SENT TO COP FOR ADVICE DURING THE PERIOD 1ST OCTOBER 2020 – 30TH SEPTEMBER 2021
100 Independent Police Complaints Authority’s Tenth Annual ReportNO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05
Independent Police Complaints Authority’s Tenth Annual Report 101NO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05 must take measures to ensure that the LEOs involved are kept separate and apart from each other so that they Having too many or inappropriate people involved in the crime scene also runs All personnel attending the crime scene have a responsibility to ensure their actions do not compromise the To reduce the possibility of cross contamination, minimum preventative measures
102 Independent Police Complaints Authority’s Tenth Annual ReportNO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05No or unsystematic use of protective clothing by the personnel working at the scene will lead to irrevocable who entered the scene before the cordon was established are removed (and this information is recorded) and To reduce the possibility of cross contamination prior to the safe packaging of the materials at the crime scene, the minimum preventative measures include having checks in place to ensure that recovered items Precautions must be taken to ensure the integrity of evidence, reduce the risk of contamination
Independent Police Complaints Authority’s Tenth Annual Report 103NO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05 implementation of a screening process should be considered to ensure that no familial or other relationship
104 Independent Police Complaints Authority’s Tenth Annual ReportNO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05 To reiterate the need for proper communication and records of investigation assignments and proper with more urgency so as to retrieve and safeguard items of evidential value and to ensure that there is To recommend that substitute investigators should be appointed to complete
Independent Police Complaints Authority’s Tenth Annual Report 105NO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05 To recommend that steps ought to be taken to ensure that the lodging, storage and movement of property are properly documented in the general property register and general property movement To consider the taking of steps to improve the communication of information between sections and departments,
106 Independent Police Complaints Authority’s Tenth Annual ReportNO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05
Independent Police Complaints Authority’s Tenth Annual Report 107NO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05
108 Independent Police Complaints Authority’s Tenth Annual ReportNO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05 To consider placing greater emphasis on domestic violence reports, especially breaches
Independent Police Complaints Authority’s Tenth Annual Report 109NO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05 To advise of the following: addition to the need for a thorough police investigation, including detailed interviews of victims and witnesses,
110 Independent Police Complaints Authority’s Tenth Annual ReportNO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05 investigator into a report of domestic violence, especially where the matter may be of a particularly
Independent Police Complaints Authority’s Tenth Annual Report 111NO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05 assigned to the Environmental Management Authority, should not be assigned to investigate matters outside the scope of such postings, unless they have received specialized training reminded of their overarching responsibilities in conducting an investigation, to wit, A good police investigator will:
112 Independent Police Complaints Authority’s Tenth Annual ReportNO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05 the manner in which they treat reports made to them and how they interact with victims of crimes feel that the police department listens and appropriately responds to their valid concerns and opinionslaw, by serving the community and by protecting all persons against illegal acts, 1. Handbook on Police Accountability, Oversight and Integrity published by the United Nations Oce on Drugs and Crime, 2011.2. Handbook on Police Accountability, Oversight and Integrity (supra)
Independent Police Complaints Authority’s Tenth Annual Report 113NO. DATES ON WHICH ADVICE WAS COMMUNICATEDADVICE GIVEN PURSUANT TO SECT 21 (1) (D) OF THE PCA ACT, CHAPTER 15:05 as possible so that same can be properly secured and accounted for; for in a timely manner so that an investigation into these missing items can be promptly and properly done ; and
114 Independent Police Complaints Authority’s Eleventh Annual ReportTHE POLICE COMPLAINTS AUTHORITYFINANCIAL STATEMENTS
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124 Independent Police Complaints Authority’s Eleventh Annual ReportLAWS OF TRINIDAD AND TOBAGOPOLICE COMPLAINTS AUTHORITY ACTCHAPTER 15:05ActCurrent Authorised Pages Pages Authorised
Independent Police Complaints Authority’s Eleventh Annual Report 1252 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
126 Independent Police Complaints Authority’s Eleventh Annual Report4 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
Independent Police Complaints Authority’s Eleventh Annual Report 1276 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
128 Independent Police Complaints Authority’s Eleventh Annual Report8 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
Independent Police Complaints Authority’s Eleventh Annual Report 12910 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
130 Independent Police Complaints Authority’s Eleventh Annual Report12 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
Independent Police Complaints Authority’s Eleventh Annual Report 13114 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
132 Independent Police Complaints Authority’s Eleventh Annual Report16 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
Independent Police Complaints Authority’s Eleventh Annual Report 13318 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
134 Independent Police Complaints Authority’s Eleventh Annual Report20 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
Independent Police Complaints Authority’s Eleventh Annual Report 13522 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
136 Independent Police Complaints Authority’s Eleventh Annual Report24 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
Independent Police Complaints Authority’s Eleventh Annual Report 137ANACTto 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
138 Independent Police Complaints Authority’s Eleventh Annual ReportPassed in the House of Representatives this 4th dayof February, 2011.Clerk of the HousePassed in the Senate this 31st day of May, 2011.Clerk of the SenateNo. 12 Miscellaneous Provisions (Ministry of Justice) 2011 3
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140 Independent Police Complaints Authority’s Eleventh Annual ReportFor additional copies of this report, please write to:The Communications UnitThe Police Complaints AuthorityLevel 24, Tower DThe International Waterfront Centre1A Wrightson RoadPort of Spain