In last week’s COLUMN, I began to consider some differences between the Police Complaints Authority Act 2006 of Trinidad and Tobago and the Police Complaints Authority Act of Barbados.
Apart from those already pointed out, there are some very noticeable differences in the legislation.
In Barbados, proceedings before the Authority must be conducted in private. In Trinidad and Tobago, a hearing may be held in public, or in private, or partly in public and partly in private as the Authority considers appropriate.
The Trinidad and Tobago Act permits witnesses who appear or are about to appear before the Authority to apply to the Authority for legal aid as well as financial aid.
Powers
Significant powers are conferred on the Authority under the Trinidad and Tobago Act. Here is an extract from section 22 of the Act:-
22 (1) For the purpose of the performance of its functions and subject to this Act, the Authority has the powers of a commission of enquiry established under the Commissions Enquiry Act as if it were a commission of enquiry for the purpose of that Act.
(2) Notwithstanding subsection (1) The Authority shall also 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 other documents relating to the functions of any public body or authority.
(b) any person, within a specified time and in writing, to provide any information or to answer any question which the Authority considers necessary in connection with any investigation which the Authority is empowered to conduct under this Act;
(c) that any facts, matters or documents relating to a complaint, be verified or otherwise ascertained by oral examination of the person making the complaint.”
Apart from the above powers, the Act permits the Authority where it is satisfied that it needs to expand its investigations, to the exercise further powers including the following.
It may require any person to furnish a statement in writing:
(i) enumerating all real or personal property belonging to or possessed by that person in Trinidad and Tobago or elsewhere;
(ii) specifying any monies or other property acquired in Trinidad and Tobago or elsewhere.
It may also require any person to furnish, notwithstanding any other law to the contrary, all information in his possession relating to the affairs of any person being investigated and to produce or furnish any document relating to the person under investigation.
A person who fails or refuses to disclose any information or to produce any document is liable on summary conviction to a fine of $50 000 and to imprisonment for five years.
The powers of the Authority in respect of hearings are not as clearly defined or set out in our legislation. It seems that hearings by the Authority are not contemplated as being significant part of the work of the Authority. Section 23 permits the Authority to institute a hearing to inquire into a complaint where it is not satisfied with the manner in which a complaint is disposed of.
Refusal
However, there are provisions which make it an offence for any person who without reasonable excuse refuses or neglects to attend any proceedings before the Authority. It is also an offence to fail to comply with any lawful requirement of the Authority or any other person.
A person guilty of an offence is liable on summary conviction to a fine of $1000 or to imprisonment for two years or both.
Another significant difference between the Trinidad and Tobago Act and our Act is that their Authority can engage any “suitably qualified person” to provide it with services and assistance in the exercise of its functions. This is apart from its staff who, like ours, are public officers.
It is clear that the Trinidad and Tobago legislation is wider in scope than ours and confers wider powers on the Complaints Authority which can act on its own initiative or on a complaint made to it.
It is clear also that the costs associated with the Trinidad and Tobago Authority will be greater than ours. However, if it is given the required financial support, the Trinidad Authority ought to be able to exercise its functions more efficiently than ours because of its increased powers.
The long title of the Police Complaints Authority Act 2006 of Trinidad and Tobago describes the Act in the following terms:
“AN ACT to establish an independent body to investigate criminal offences involving police officers, police corruption and serious police misconduct and for other related matters.”
The Trinidad and Tobago legislation is aimed at redressing complaints of serious police misconduct. It sets up a full-time body which is fully empowered to deal with complaints independent of the Police.
In this regard, it answers the call that has been made in respect of all police complaints authorities which operate under a regime such as ours.
Cecil McCarthy is a Queen’s Counsel. Send your letters to:?Everyday Law, Nation House, Fontabelle, St Michael.