What to do if arrested or detained in Trinidad and Tobago

The first thing to do is to contact your attorney and utilise your right to remain silent.

Under the Constitution of Trinidad and Tobago, an individual who has been arrested or detained is entitled to the remedy of habeas corpus, which determines the validity of their detention and advocates for their release in the event of an unlawful detention.

Writs of Habeas Corpus attack the constitutionality of an accused’s detention and continuous detention. Sections 4 and 5 of the Constitution of the Republic of Trinidad and Tobago entitle an individual to the right of due process of the law, protection of the law and to be brought promptly before an appropriate judicial authority.

In Jack and Griffith v Attorney General of Trinidad and Tobago (2021), Boodoosingh J (as he then was) noted a police officer may detain a person for only as long as is reasonably necessary to conduct or complete any investigations or to lay a charge. When a person is arrested, the police must proceed as diligently as possible with their investigations to ensure the period of detention is for the least time necessary.

When having arrested a suspect on reasonable grounds, it becomes clear that there is insufficient evidence to lay a charge, the police must release the person immediately. As Lord Clarke noted, the police must be able to justify detention on a minute-by-minute basis. No set time is allowed (such as 2 days or 4 days) for arresting someone unless this is provided for in statute for specific offences. A shorter period than 2 days, one day, or even hours can be considered unlawful in the context and circumstances of a case.

The process of preparing a habeas corpus application takes the following steps:

1. The detained/arrested accused contacts their attorneys;
2. The attorneys visit the police station in which the accused is detained or arrested to ascertain certain particulars;

Based on these particulars (whether sufficient information has been obtained for the police to formally charge the accused), the attorneys write the Commissioner of Police to expedite the accused’s release.