Who Watches the Police? Understanding the Role of the Police Complaints Authority
Role of Police Officers
The general duties of a police officer include, preserving the peace, detecting crime and other breaches of the law, arresting and charging persons who have been found to commit any offence and so on.
Breach of Duty by Police Officers
We usually think of these duties being applicable to all citizens in Trinidad and Tobago, but what happens when Police Officers breaches the law or commits an offence?
According to the Ministry of Homeland Security website, the Trinidad and Tobago Police Service (TTPS) has over 6,500 Police Officers in varying ranks and Special Reserved Police to support the mandate of the Service. The TTPS is organized into nine Divisions which cover Trinidad and Tobago as well as 18 Branches, Squads and Units. One such unit is listed as the Police Complaints Unit, which is comprised of police officers who are also responsible for investigating offences committed by other police officers. This often raises concerns as there remains an apparent distrust between citizens and the TTPS which may be for various reasons. If the TTPS is to improve in efficiency, transparency and public confidence, it must embrace the idea that rigorous, independent investigation of its own members is a sign of strength, not weakness.
The establishment of the PCA
The Police Complaints Authority (PCA) was formally established by statute in 1993. Unlike the TTPS Police Complaints, the PCA is an independent corporate body. It is headed by a Director and Deputy Director who cannot be serving or former police officers, ensuring a level of civilian oversight. This is buttressed by the fact that no employees, including Investigators at the PCA are police officers.
The PCA acts as a watchdog, tasked with investigating police corruption, serious police misconduct and criminal offences involving police officers including: fatal and non-fatal shootings, accidents involving the police, etc. The PCA can initiate its own investigation from media reports or upon a complaint being made by a member of the public.
The ability to report an incident to an independent oversight body, certainly aids in promoting public trust and confidence in ensuring justice is achieved.
What can you complain about to the PCA?
A complaint can be made against a police officer for a wide range of misconduct that undermines discipline, integrity, or the proper performance of duty. In simple terms, complaints may arise where an officer behaves in a disorderly, oppressive, or insubordinate manner, disobeys lawful orders, neglects or abandons their duties, or provides false or misleading information in official records. Complaints may also be made if an officer improperly discloses confidential information, misuses their position for personal gain, solicits gifts or favours, mishandles official property or money, or communicates official matters without authority. In addition, misconduct includes treating members of the public improperly, for example by making unnecessary arrests, using excessive force, or behaving in an uncivil manner. Other grounds include being absent without leave, reporting for duty under the influence of alcohol or drugs, misusing police resources, or committing criminal offences such as assault, theft, or damage to property. In essence, any conduct that brings discredit to the police service or interferes with an officer’s ability to carry out their duties properly can form the basis of a complaint.
Limitations of the PCA
The PCA has important limits to what it can do. It does not provide legal advice, award compensation, or act as an emergency response service. The PCA also cannot speak on behalf of complainants, obtain police documents for members of the public, or take direct action against police officers. Additionally, it does not have the power to lay criminal charges or impose disciplinary penalties on officers. Instead, the PCA’s role is primarily to receive and investigate complaints, monitor and review police investigations, and ensure that those investigations are carried out properly. The PCA upon completion of its investigation can refer the matter to the Commissioner of Police (CoP) or the Director of Public Prosecutions (DPP) with a relevant recommendation, but they are not obligated to act on same.
Additionally, the PCA relies on the TTPS for certain forensic and scientific resources. Statistics from the PCA website, reveal a staggering improvement in responses from both the office of the DPP and CoP following referrals to these offices and this demonstrates an improvement in the relationship of these institutions. However, improvement from all stakeholders is necessary.
Conclusion
Accountability is an essential pillar of any modern democracy, and policing is no exception. While police officers play a critical role in maintaining law and order, there must also be mechanisms to ensure that those entrusted with such authority exercise it responsibly. The PCA serves as an important independent body that helps promote transparency and public confidence when concerns arise about police conduct. Although the PCA has certain limitations, its oversight role remains a vital safeguard for both citizens and the integrity of the TTPS. Strengthening cooperation among the PCA, the TTPS, and other institutions will further enhance trust in the system and reinforce the principle that no one is above the law.
Submitted by: Trevor Clarke
Deputy Public Defender
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email: [email protected]
Website: laaa.org.tt