What are your rights upon arrest?
Several legal instruments govern the operations of the Trinidad and Tobago Police Service, including the Police Service Act, the Police Standing Orders, and the Judge’s Rules.
When can an arrest be made?
A police officer can arrest a person with or without a warrant. An arrest can be made without a warrant where the following circumstances are alleged to have occurred:
- If the police officer has reason to believe that an assault was recently committed on another. However, the offence does not have to be committed in the presence of the police officer.
- If there was a breach of the peace in the presence of the police officer.
- If the suspect obstructed the police officer while executing his duties or attempted to escape custody.
- If the suspect is found in possession of anything that is believed to be stolen or an offence was committed in relation to same.
- If a person is found lying or loitering in a public or private place without a satisfactory reason.
- If the police officer has reasonable grounds to suspect that an offence was committed or about to occur.
What must be told to the suspect upon arrest?
The suspect must be given the reason for their arrest. The police must also inform the suspect of the right to retain an attorney of their choice and allow the opportunity for the suspect to consult with that attorney. Standing Order 38 requires the suspect to be informed of the entitlement to a telephone call.
Should the suspect be interviewed in the absence of an attorney?
The suspect can choose whether to participate in an interview without an attorney. If he/she does not have an attorney, they can request that a relative or friend be present for the interview.
The suspect’s right against self-incrimination is critical. Where the suspect has not been charged, before questioning that person, the police officer must administer a caution by Rule II of the Judge’s Rules.
Can the suspect acquire bail?
A suspect is entitled to bail for summary offences that are not serious. Under Standing Order 31, only a police officer with the rank of Corporal or above can grant bail where it is impracticable to have the person brought before the Magistrates Court within 24 hours of being taken into custody.
What to do if arrested or detained in Trinidad and Tobago
The effect of the Administrative of Justice (Indictable Proceedings) Amendment Act in Trinidad and Tobago
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