Part 2: General Powers Under the SOE
In the first part of this series, we focused on the powers of arrest and detention under the State of Emergency. In this segment we will explore the other powers and offences provided for in the Regulations.
Powers of the President
Broadly speaking, the President can issue orders under Regulation 3 to the public at large with respect to:
- restricting the possession or use of specific articles;
- controlling harbours, ports, and territorial waters;
- managing transportation of people and goods;
- regulating trade, production, and manufacturing;
- authorizing searches of individuals, premises and electronic devices;
- appropriating property subject to the payment of compensation;
- requiring people to perform work or services; and
- apprehending, trying, and punishing those who violate the Orders.
Powers of the Commissioner of Police
The Commissioner of Police (CoP), under Regulation 4 is also authorized to exercise certain powers by issuing orders unless and until the President orders otherwise. The CoP can:
- restrict the use or possession of any specified articles;
- impose restrictions on any person as to their employment, business, place of residence and their associations or communications with others;
- prohibit any person from being outdoors between specified hours;
- require any persons to notify the authorities of their movement;
- restrict any person from travelling without permission; and
- restrict any person from any place or area.
Notably, the power to restrict persons from being outdoors allows the CoP to place someone under a form of ‘house arrest’.
Protected Places
The CoP also has a power to specify that a place is a “protected place” by a notice displayed at the place itself or published in the Gazette. Under Regulation 7, where a place is specified as protected, no person is allowed to enter unless authorised by the occupier of that place or the Senior Police Officer of the particular division. If granted permission a person must comply with any directions given by the person granting the permission. Further, any police officer or person authorised by the occupier of the protected place is entitled to search any person entering, seeking to enter or in the place and detain them for the purposes of searching them. Unauthorised entry or non-compliance with any direction can result in the person removed from the place by any police officer or person authorised by the occupier in addition to any lawful penalty.
Possession of Firearms
Although possession of illegal firearms is an offence under the Firearms Act, Regulation 8 prohibits the purchase, acquisition or possession of firearms, ammunition and explosives without lawful authority.
Additionally, a new offence is created for consorting with or being in the company of another person, who has unlawful possession of a firearm, ammunition or explosive. This offence is only committed if the circumstances suggest that the offender intends to or has recently acted with the other person in a manner prejudicial to public order or public safety.
The regulations also provide for deeming provisions which shift the burden of proof to the alleged offender. In other words, the burden is on the offender to prove his lawful authority for being in possession of the firearm. If someone is found in possession or control of a premises or vehicle in which a firearm is found, that person is presumed to be in possession of the firearm unless they can show otherwise.
Stop, Search and Seizure
Police officers have the discretion to stop and search individuals in public places under Regulation 9 if they reasonably suspect possession of firearms, ammunition, explosives, or involvement in offences affecting public safety or order. They can seize and detain any such items found. Under Regulation 13, officers may enter and search premises, vehicles, or individuals—whether in public or not—without a warrant, using force, if necessary, provided they suspect the presence of evidence related to certain offences under the Regulations is likely to be found.
Defence Force
By virtue of Regulation 20 members of the Defence Force have the powers of a Police Officer when assisting the police in performance of the duties under the Regulations. However, such police powers only apply where the Commissioner of Police requests assistance from the Commander of the Defence Force. Further, the member of the Defence Force must be acting in accordance with instructions from the Commander or any superior officer of the Defence Force.
Penalties
By virtue of the amended Regulations 2024 a general penalty whereby any person who commits an offence under the Regulations is liable on summary conviction (that being a conviction before a Magistrate) to a fine of one hundred thousand dollars and to imprisonment for a term of five years.
Can you sue if your rights are infringed?
Regulation 6, provides a general immunity from liability for acts done pursuant to the Regulations which suggests that the State cannot be sued for damages. The President can, however, order compensation for any losses or damage sustained as a result of an order of the President or CoP. Such compensation is within the absolute discretion of the President and may not extend to powers of search and detention exercised by the police or members of the Defence Force.
Submitted by:
Shane Patience
Public Defender II Junior
Shaun Morris
Public Defender I
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Email:
Website: www.laaa.org.tt
