Frequently Asked Questions
Should I make a Complaint?
If you think that a police officer has behaved inappropriately or unfairly,
then you have the right to make a complaint.
First, decide what you think the police officer or officers did wrong.
For example, were they rude to you? Did they use excessive force? Were
you unlawfully arrested? Were your rights abused? In these or other
circumstances you are entitled to complain. Unless there are exceptional
circumstances you should make your complaint within 12 months of the
alleged incident.
What should my complaint say?
Here is a checklist of things that should be in your complaint:
- The name and rank of the officer or officers/number of vehicle etc.
- The name of the station to which the officer is assigned for duty
(if known)
- What happened (the incident)
- When it happened (date and time)
- Where it happened (place)
- What was done (after the incident)
- What was said
- Whether there were any witnesses, other than yourself and the officer(s)
- Where the witnesses can be contacted (address and phone number)
- What proof exists of any damage or injury (medical report, photographs)
- Where the person complains about battery (beating), a report should
also be made at a police station and a medical examination done by a
duly qualified and registered medical practitioner as soon as possible
(preferably within 48 hours of the incident)
How do I make a complaint?
- Visit the Police Complaints Authority office at #46 Park Street, Port
of Spain to make your complaint in person to an Investigations Officer:
or
- Go into any police station where a form can be collected on which
you will write full details of the incident. Please ensure that you
receive a copy of your complaint.
- You may also contact your Attorney-at=Law or Member of Parliament
if it concerns possible legal/community problems.
Can I make a complaint over the phone?
Complaints cannot be made over the phone. All complaints must be made
in writing and signed by the complainant. You may also choose to complete
a form which can be collected at the offices of the Police Complaints
Authority or at any police station.
What will happen to my complaint?
Within 48 hours upon receipt of the complaint the Police Complaints Authority
will send it to the Commissioner of Police for investigation and resolution
by the Complaints Division of the Police Service.
- The Complaints Division will conduct its own investigation into the
matter.
- At the end of the investigation the Complaints Division will report
to the Police Complaints Authority its findings and recommendations.
- You will be informed of these findings and recommendations.
- If you are satisfied with the findings of the Police Complaints Division,
no further action is necessary.
- If you are dissatisfied with these findings you can then make a request
to the Police Complaints Authority for a review. This must be done
within one month of receiving the results of the first investigation.
- This review/second investigation will be done by Investigations Officers
of the Police Complaints Authority (not police officers) and their findings
submitted to the Board for its consideration/decision.
What will happen after the Investigation/Review?
If the Authority is satisfied with the outcome of the matter by the Police
Complaints Division, the complainant will be so informed. In addition
a report will be sent to the Minister of National Security, the Commissioner
of Police and the police officer(s) concerned.
If the Authority is not satisfied it must either
- send a report to the Minister of National Security; or
- ask the Commissioner of Police to further investigate or
- it may itself call a hearing to investigate the facts.
- should the complaint relate to a fatality or alleged criminal conduct,
a copy of the case material may also be sent to the Director of Public
Prosecutions.
Can I take Civil Action?
Making a complaint does not affect your right to take legal action or
to take the police to court. Please remember that there is a six-month
time limit to take legal action for most criminal offenses. Please consult
either a Justice of the Peace or an Attorney-at-Law.
What if I do not pursue it any further?
This option is always available to persons making complaints. However,
citizens are reminded about their duty to try and make this country a
better place in which to live. Only it people speak out and take lawful
action will things improve.
- The Police Complaints Authority is an independent review body. Its
purpose is to ensure that when a member of the public makes a complaint
about a police officer's conduct, it is dealt with thoroughly and fairly.
- Serving police officers are not allowed to serve as Members of the
Authority nor are they members of its staff
- Every report is examined to ensure that it has been thoroughly investigated
|
