HISTORICALLY, LIKE SIMILAR DISCIPLINED forces elsewhere, the Police in Barbados have always been in charge of their own discipline, including the investigation of complaints from the public.
In this regard, like most professional bodies including lawyers, they are judges in their own cause. Inevitably, this has led to significant dissatisfaction and clamours for an impartial system of adjudication of complaints.
In Barbados, the calls for an independent system of adjudication have not been as sustained as elsewhere though the cries of persons suspected of crime that they have been beaten or otherwise improperly treated by police officers are well documented in the criminal cases of this island. The significant reliance on confessions by the police has always been a source of suspicion by practitioners of criminal law and human rights activists in Barbados and by those outside of Barbados reviewing our human rights record.
By the very nature of their responsibility, the Police have been entrusted with a significant amount of power which, in some cases, has been exercised in an unfair and unreasonable manner. The exercise of that power by the Police very often puts them in conflict with civilians and an independent Complaints Authority has been viewed as one way of monitoring the use of that power.
In 2001, the Police Complaints Authority Act was passed in the Parliament of Barbados and following a proclamation by the Governor General on May 1, 2004, it came into force establishing the Police Complaints Authority. This week and in coming weeks I will examine this important piece of legislation highlighting its major provisions and comparing it with similar legislation from other jurisdictions. This act was amended in 2006 mainly to reflect changes to the constitution and appointment of the authority.
Seven in charge
The Police Complaints Authority comprises seven persons appointed as follows:
(a) a chairman, a deputy chairman and two other persons, who shall all be appointed by the Governor General on the advice of the Minister;
(b) one person who shall be appointed by the Governor General in his absolute discretion;
(c) one person who is a former gazetted police officer of the Police Force who shall be appointed on the advice of the Police Force Association [that person cannot be a police officer and must not have been a police officer during the last five years.]
(d) the Head of Civil Service, ex officio.
Section 1(4) of the Schedule to the act prohibits certain persons from becoming members of the authority. It provides that:
“No person shall be eligible to serve as a member of the Authority if that person is or was during the last five years.
(a) a member of Parliament;
(b) a candidate for election to membership of the House of Assembly;
(c) a member of the Police Force;
(d) a member of the Defence Force;
(e) declared bankrupt and moved against by his creditors.”
The functions of the Authority are set out in Section 5 of the act. The functions are to:
• monitor the investigation by the Police Force of any complaint with a view to ensuring that the investigation is conducted impartially;
• supervise the investigation of complaints alleging that the conduct of a police officer resulted in the death of or serious injury to some other person;
• supervise any other matter whether or not the subject of a complaint, referred to the authority by the commissioner, which in the opinion of the commissioner should be supervised because of its gravity or its exceptional circumstances;
• undertake the direct investigation of complaints where it thinks necessary; and
• review complaints where a person who is aggrieved with the disposition of his complaint or the findings of the investigation by the Police Force applies in writing to the authority for a review.
Complaints
The Commissioner is mandated by the act to establish and maintain a Complaints Office of the Police Force which shall be responsible for
(a) investigating complaints by members of the public against police officers; and
(b) submitting to the authority and the commissioner a monthly report in respect of the investigation of any complaint or matter that is being supervised by the authority.
A complaint may be made by a member of the public who is aggrieved or by his authorised agent, or where the aggrieved person has died or is otherwise unable to make a complaint, by any member of the public.
A complaint may be made in the prescribed form at (a) a police station (b) the complaints office; or the office of the authority.
Next week I shall discuss the handling of complaints.
• Cecil McCArthy is a Queen’s Counsel. Send youR letters to:?Everyday Law, Nation House, Fontabelle, St Michael. Send your email to [email protected]
