The Special Operations Act
The Special Operations Act
The Special Operations Act acquired legal status in Trinidad & Tobago on October 6th 2026 and is currently effective for a duration of two years. The Act divides the country into seven (7) designated policing districts and empowers the police and if necessary, the Defence Force, to conduct special operations within any of these districts.
A special operation involves an area being closed or cordoned off by way of barrier, roadblock or any other measure. When an area is closed, individual freedom of movement to enter or leave that area is restricted. This differs from the recently concluded State of Emergency which was nationwide.
An area can only be declared as ‘closed’ where two conditions exist.
Firstly, the President must be satisfied on reasonable grounds that public safety and peace in an area is threatened by either (i) escalating rates of violent crimes such as homicides, shootings, kidnappings or gang-related activity, (ii) the prevalence of illegal firearms, ammunition or the prevalence of weapons or explosives in that area, or (iii) the control or intimidation of a local community by a gang in that area.
Secondly, the President must be reasonably satisfied that ordinary law enforcement measures are unable to maintain or restore public safety and peace in that area.
There is no time limit on the imposition of a cordon, once these two conditions are met, the cordon can remain in effect.
Notable provisions in the Act are as follows:
- Individuals seeking authorization to enter and leave a closed area must obtain permission in the form of a permit. However, even where a permit is issued, the permit holder’s movement can be subject to certain conditions or restrictions stated on the permit itself. Moreover, the permit once issued, can be suspended or cancelled at any time thereafter through published notice. Thus, permit holders must keep abreast of any such developments. Any person found entering or leaving a closed area without the required permit, or any person who fails without reasonable excuse to comply with a condition or restriction specified within their permit, can be subject to a fine of fifty thousand dollars ($50,000) and imprisonment for one year. Only the following persons are exempt from applying for a permit; Members of the executive, Municipal Council members or a member of the Tobago House of Assembly, the Chief Justice, High Court Judges, the Chief of Defence Staff, Head of Special Operations or Head of Military assistance responsible for the closed area, and any police officer or member of the Defence Force proceeding to or from duty.
- For persons living within the closed area, the President can order that a curfew be imposed; requiring persons within that area to remain in their premises during specified hours until otherwise authorized by a subsequent order or permit.
- The police have enhanced powers to search any vehicle, place or person without a warrant where the officer holds a reasonable suspicion that an offence has been, is being, or is about to be committed.
- The police have enhanced powers of arrest and detention where the Head of Special Operations is satisfied on reasonable grounds that a person is suspected to have committed, is in the course of committing, or about to commit an offence.
- Any person within a closed area must disclose their correct identity, alias and address upon request by a police officer. Failure to do so without reasonable explanation is punishable by a fine of twenty thousand dollars ($20,000).
However, the following protections should also be noted:
- When a cordon is imposed, notice of the cordon should be published and displayed in conspicuous locations in and around the cordon. In this way, persons living within that area, or seeking to enter the area, should have sufficient fore-warning of the cordon to avoid conflict with law enforcement.
- At the time of arrest or detention, a person must be told in a language which they understand, of the reason for their arrest and detention. Furthermore, any such person who is arrested or detained must be taken before a Magistrate to determine whether or not there are reasonable grounds for arrest or detention.
- Any person detained shall be allowed visits by their spouse, co-habitant, family member, attorney-at-law or medical practitioner, provided that such a visit will not compromise the security or safety of persons.
- A police officer, having regard to available resources, must be equipped with a body camera during the conduct of a special operation. This transparency mechanism aims to prevent incidents of excessive use of force.
- An officer conducting a search without warrant must take reasonable steps, as far as is reasonably practicable, to ensure that the owner, occupier or any person in possession of the place or vehicle is present at all stages of the search, and further that they are able to observe everything done at all stages of the search.
- Although the Head of Special Operations holds enhanced powers of arrest and detention, the Act provides that such a person must be trained in the areas of (a) human rights, (b) use of force, (c) community engagement and (d) conflict de-escalation. Thus, the officer who exercises this enhanced power, should be trained to exercise same responsibly.
Submitted by: Ravindra C Rajah-PD II Senior
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email: pdd@laaa.gov.tt
Website: laaa.org.tt