One area of concern that has been expressed about the initial efforts at domestic violence legislation in the region is the limited power and responsibility given to the police with respect to dealing with situations of domestic violence.
Especially where domestic violence takes the form of physical violence, the absence of power to act can lead to victims suffering serious injury or death.
As I did last week, I will refer to provisions of the Organisation of Eastern Caribbean States (OECS) draft Domestic Violence Bill which either in the same or in an amended form are being proposed for Barbados.
Clauses 20 to 26 of the OECS draft make provision for the duties and powers of the police. Clause 20 provides:
“20(1) A police officer shall respond to every complaint or report alleging domestic violence whether or not the person making the complaint or the report is a victim.
(2) It shall be the duty of a police officer responding to a domestic violence complaint to complete a domestic violence report which shall form part of a National Domestic Violence Register to be maintained by the commissioner of police in the prescribed manner.
(3) A domestic violence report shall be in the form described as Form VIII as specified in Schedule II shall include but not be limited to
(a) the name of the parties;
(b) the relationship and the sex of the parties;
(c) information relating to the history of domestic violence between the parties;
(d) the date and time the complaint was received;
(e) the type of the abuse and the weapon used, if any.”
Clause 23 requires a police officer who has entered premises to assist a victim of domestic violence. It reads:
“Where a police officer has entered on the premises pursuant to Section 4, Section 21 and 22(1), the police officer shall –
(a) give assistance to a person who has suffered injury;
(b) ensure the welfare and safety of a child who may be on the premises, and
(c) prevent any further breach of law.”
Clause 22 deals with police powers of arrest without warrant:
22.(1) “For the avoidance of doubt, a police officer may act in accordance with the provisions of the Criminal Procedure Act, where he or she has reasonable cause to believe that a person is engaging in or attempting to engage in conduct which amounts to physical violence and failure to act immediately may result in serious physical injury or death.
(2) Nothing in this section authorises the entry onto premises by a police officer, for the purpose of any such search or the arrest of any person, otherwise than a connection with the conduct referred to in subsection (1).
(3) Where a police officer exercises a power of entry pursuant to subsection (1), he or she shall immediately submit a written report to the commissioner of police through the head of his or her division where the incident occurred, and the report shall contain the following information –
(a) the reason for entering the premises without a warrant;
(b) the offence being committed or about to be committed; and
(c) the manner in which the investigation was conducted and the measures taken to ensure the protection and safety of the person at risk.
(4) The report referred to in subsection (3) shall be submitted to the Director of Public Prosecutions by the commissioner of police within seven days of receiving the report.”
It is being proposed that the provisions similar to those of the draft OECS Bill discussed herein be incorporated in the amended domestic violence legislation for Barbados.
The provisions give greater clarity to the role of the police in acting upon complaints of domestic violence; they provide for documentation of the incidents of domestic violence and they give the police greater power than they currently have to respond to requests from and to act in support of victims of domestic violence.
(5) Where a complaint is made against a police officer by a person resident in a premises alleging that the entry of the police officer onto the premises pursuant to subsection (1) was unwarranted, the Police Complaints Commission Authority shall investigate the complaint and submit a copy of its report to the commissioner of police and the Director of Public Prosecutions within 14 days of the complaint having been made.
(6) Where the investigation of the Police Complaints Commission Authority finds that entry made pursuant to subsection (1) was unwarranted, the Police Complaints Commission Authority shall also submit the report to the Police Public Service Commission and such report may form the basis of disciplinary action against the police officer.”
• Cecil McCarthy is a Queen’s Counsel. Send your letters to Everyday Law, Nation House, Fontabelle, St Michael. Send your email to [email protected].
