Supplemental Police Act: Laws of Trinidad and Tobago
Supplemental Police Act: Laws of Trinidad and Tobago
Supplemental Police Act: Laws of Trinidad and Tobago
Act
11 of 1906
Amended by
29 of 1925
15 of 1950
8 of 1955
16 of 1962
29 of 1967
45 of 1979
6 of 1993
Note on Adaptation
1. Certain fees in this Chapter were increased by the Commission under paragraph 4 of the
Second Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal reference
in the form normally indicating an amendment is made to LN 51/1980 (the Legal Notice by
which the President’s approval was signified).
2. Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the
Commission amended certain references to public officers in this Chapter. The Minister’s
approval of the amendments was signified by LN 120/1980, but no marginal reference is made
to this Notice where any such amendment is made in the text.
UNOFFICIAL VERSION
CHAPTER 15:02
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Establishment of Supplemental Police.
4. Duties.
5. Supreme command.
6. Powers and duties of members of Police.
7. Number, distribution and powers of Supplemental Police.
APPOINTMENT OF CONSTABLES
8. Qualifications for appointment.
9. Appointment.
10. Precept of appointment and oath of office.
11. Equipment.
12. Making of Regulations.
13. Recovery of penalties.
ARRANGEMENT OF SECTIONS—Continued
SECTION
SPECIAL CONSTABLES
29. Appointment and powers of special constables.
Oath of special constable.
30. Special constables to deliver up weapons, etc.
31. Command of special constables.
32. Penalty on special constable refusing to act.
33. Payment of special constables.
34. Badge, etc., of special constables.
PROHIBITED ASSOCIATIONS
35. Definitions.
36. Estate constables not to join prohibited associations.
37. Prohibition of estate constable receiving benefits from prohibited
associations.
38. Constitution of Estate Police Association.
39. Estate Police Association Rules.
40. Dispute procedure.
41. Agreements.
42. Powers of Special Tribunal.
43. Awards to be binding on parties to dispute.
44. Penalty on persons causing disaffection, etc.
45. Membership of trade unions by existing estate constables.
46. Right of individual estate constable to make representations.
SCHEDULE.
UNOFFICIAL VERSION
CHAPTER 15:02
11 of 1906.
[16TH MAY 1906] Commencement.
1. This Act may be cited as the Supplemental Police Act. Short title.
Powers and 6. Every member of the Police Service shall, within the
duties of
members of limits of the place in which he exercises authority in matters
Police. relating to the Police Service, have such control and command
[15 of 1950
29 of 1967
45 of 1979].
UNOFFICIAL VERSION
APPOINTMENT OF CONSTABLES
8. (1) Every person who is— Qualifications
for appointment.
(a) over eighteen and under sixty years of age; [15 of 1950
8 of 1955
(b) able-bodied; and 29 of 1967
45 of 1979].
(c) of good character,
shall be deemed to be qualified for appointment as a constable;
but preference shall be given to such persons as have previously
served in a Police Service.
UNOFFICIAL VERSION
12. (1) The Minister may make Regulations relating to all Making of
Regulations.
or any of the following matters: [15 of 1950
8 of 1955
(a) the duties to be performed by members of the 29 of 1967
6 of 1993].
Rural and Estate Police, and their guidance in
the performance of the duties;
(b) the clothing and equipment of the Rural Police;
(ba) the payment of fees for the issuance of precepts;
(c) the training and discipline of the Rural
Police; and
(d) generally, the good order and government of the
Rural and Estate Police.
(2) There may be imposed for the breach of any such
regulation such penalty, not exceeding one hundred dollars as may
seem reasonable.
13. When any fine or penalty is imposed upon any constable Recovery of
penalties.
under this Act or of the Regulations made thereunder, the amount
shall be satisfied out of the pay or allowance coming to the constable
by the deduction of not more than half the amount which may be
due on any day of payment until the whole is paid; and any such
fine or penalty shall be recoverable on summary conviction.
Calling out rural 15. (1) Subject to section 14(1), the Commissioner may, with
constables for
service. the sanction of the Minister, at any time call out the Rural Police
[8 of 1955
45 of 1979]. or any portion thereof for active service.
(2) In any case of great emergency, any member of the
Police Service of or above the rank of Corporal may call out for
active service the portion of the Rural Police subject to his orders.
(3) A rural constable shall not be required to serve beyond
the limits of the division in which he resides.
(4) When any such call is made, every rural constable
who is so called out shall forthwith or at the appointed time, unless
he is specially excused by the Commissioner or his superior officer,
repair to the appointed place of muster, and shall there place himself
under the orders of the officer in command for such service as
may be required of him, and during such period as may be
Ch. 15:01. necessary, and while so called out shall serve under the Police
Service Act and all regulations made thereunder.
(5) If any rural constable refuses or neglects to comply
with the requirements of this section, he is liable on summary
conviction to a fine of two hundred dollars or to imprisonment for
two months.
UNOFFICIAL VERSION
Dismissal of 19. (1) The Commissioner may at any time dismiss any
constable.
[8 of 1955 constable from his office or dispense with the services of
29 of 1967].
any constable.
(2) The employer of any estate constable may at any time
dispense with the services of the constable.
Recommendation
for suspension
20. (1) A Magistrate may interdict any constable of his district
or dismissal. from the performance of his duties.
(2) In such case the Magistrate shall forthwith report the
interdiction and the grounds thereof to the Commissioner.
(3) A Magistrate may, whether after or without the
interdiction, and a Justice may, recommend to the Commissioner
that a constable be suspended or dismissed from his office.
(4) The Commissioner shall take the interdiction or
recommendation, or both, into his consideration, and, after allowing
the constable an opportunity of making his defence, communicate
his decision to the Magistrate or Justice and to the constable.
Publication of
notice of
21. The Commissioner shall give due notice in the Gazette
appointment and and in one daily newspaper published in Trinidad and Tobago of
dismissal.
[15 of 1950 all appointments and dismissals of constables under this Act, and
8 of 1955
45 of 1979]. shall, in the month of January in each year, publish in the Gazette
and in such newspaper a list of all the rural and estate constables
appointed and acting, specifying the residences of the constables,
the districts in which they reside and their rank.
UNOFFICIAL VERSION
24. (1) When any constable dies, any person in possession Delivery up of
appointments of
of any articles or appointments which have been supplied to the deceased
constable.
constable for the execution of his office, shall be bound, within [15 of 1950
fourteen days after such death, to deliver up to the police officer in 45 of 1979].
charge of the Police Station nearest to which the constable resided
all articles or appointments which may have been supplied to and
been in the possession of the constable for the execution of his
office at the time of his death.
(2) Any person who contravenes this section is liable
on summary conviction to a fine of two hundred dollars, or to
imprisonment for two months; and any Justice may issue his
warrant to search for and seize all such articles or appointments
which are not so delivered up wherever the same may be found,
and to arrest the person in whose possession the same may
be found.
25. When any constable sustains bodily injury while in the Bodily injury to
constable.
actual discharge of his duty, he shall be provided with medicines, [8 of 1955
medical comforts, and medical attendance— 29 of 1967
45 of 1979].
(a) if a rural constable, at the public expense on the
written authority of any First Division Officer;
(b) if an estate constable, at the expense of
the employer.
Reward for 26. If, on the trial of any case in the High Court in its criminal
apprehension of
criminal. jurisdiction, the Judge before whom the case is tried is of opinion
[51/1980].
that any constable has distinguished himself in apprehending or
detecting and bringing to justice the perpetrator or abettor of any
crime, the Judge shall have authority to grant a reward, not
exceeding one hundred dollars, to the constable; and the reward
shall be paid by the Comptroller of Accounts, on the certificate of
the Judge, out of any moneys which may be provided by Parliament
for the purpose.
Unlawful 28. If any person has in his possession any badge, or baton, or
possession of
badge, etc., and other article furnished for the use of a constable, and does not
personation of
constable. satisfactorily account for his possession thereof; or if any person
falsely answers the name of, or acts as, or personates, a constable,
he is liable on summary conviction, in addition to any other
punishment to which he has subjected himself, to a fine of four
hundred dollars or to imprisonment for six months.
SPECIAL CONSTABLES
Appointment 29. (1) In all cases where it appears to any Justice that any
and powers of
special tumult, riot, or unlawful assembly has taken place or may be
constables.
[16 of 1962 reasonably apprehended within his county or district, the Justice
29 of 1967]. is hereby authorised to appoint, by precept under his hand, so many
as he thinks fit of the persons under sixty years of age residing in
the county or district to act as special constables for the preservation
of the public peace and the protection of property, and notice of
the appointment and of the circumstances which have rendered
the appointment expedient shall be forthwith transmitted by the
Justice to the Minister and to the Superintendent of the division.
Oath of special (2) On the appointment, every special constable shall take,
constable.
before a Justice, who is hereby authorised to administer it, the
following oath of office:
UNOFFICIAL VERSION
I, A. B., do swear that I will well and truly serve the State in
the office of special constable without favour or affection,
malice or ill-will; and that I will to the best of my power cause
the peace to be kept and preserved, and prevent all offences
against the persons and properties of the State; and that while I
continue to hold the said office I will to the best of my skill and
knowledge discharge all the duties thereof faithfully according
to law. So help me God.
(3) After their appointment, the special constables shall
have all the powers, authorities, privileges, and immunities of
members of the Police Service, and every act done by or to a special
constable in the execution of his duty as such shall have the same
effect and be attended with the same liabilities and other
consequences as if done by or to a member of the Police Service in
the execution of his duty as such.
30. Every special constable shall, when called upon to do so, Special
constables to
deliver over to such person and at such time and place as may be deliver up
weapons, etc.
directed by any Superintendent of Police, every badge, staff,
weapon, and other article provided for the special constable; and
any special constable omitting or refusing to do so is liable on
summary conviction to a fine of two hundred dollars or to
imprisonment for fourteen days; and any Justice may issue his
warrant to search for and seize all such articles or appointments
which are not so delivered over, wherever the same may be found,
and to arrest the person in whose possession the same may be
found.
31. Special constables shall be under the orders of such officers Command of
special
as may be appointed to command them by the Minister, and in the constables.
[45 of 1979].
absence of any such appointment, under the orders of the senior
police officer present.
Payment of 33. The Minister may, by warrant under his hand, direct the
special
constables. Comptroller of Accounts to pay out of the general revenue such
sum or sums as he considers necessary in respect of the services,
equipment, and other expenses of special constables and the
expenses incident to their employment.
Badge, etc., of 34. The Commissioner may require any special constable to
special
constables. wear and use while on duty such distinctive badge and appointments
[45 of 1979].
as the Commissioner, under the direction of the Minister, from
time to time supplies for this purpose. Any special constable who
retires or is removed from his office shall forthwith return to the
Commissioner or any police officer appointed by the Commissioner
any badge or appointments supplied to him in accordance with
this section. In case of any default the defaulter is liable on
summary conviction on complaint by the Commissioner or any
police officer, to be ordered to pay to the complainant the value of
any article as to which default has been made, and further is liable
to a fine of one hundred dollars, and also, if the Magistrate thinks
fit, to imprisonment for fourteen days.
PROHIBITED ASSOCIATIONS
Definitions. 35. For the purposes of this Act a “prohibited
[15 of 1950].
association” means—
Ch. 88:02. (a) any Trade Union as defined by the Trade Unions
Act, whether the Union is registered or
incorporated or not;
(b) any league or association or body of persons,
whether registered or not, which has for its objects
or one of its objects, the promotion of feelings of
ill-will and hostility between different classes or
races;
(c) any other association, society or club, any of
the objects of which may be subversive of
UNOFFICIAL VERSION
38. (1) For the purpose of enabling constables of the Estate Constitution of
Estate Police
Police to consider, and, subject to subsection (2), bring to the notice Association.
of their employers matters which trade unions are competent to
bring to the notice of employers of members of the unions, there
shall be established an organisation to be called the Estate Police
Association which shall act through Branch Boards, and a
Central Committee as provided by rules made under this Act. The
Estate Police Association shall have the sole right to make
representations as in this subsection mentioned.
(2) No representations shall be made by the Estate Police
Association in relation to any question of discipline, promotion or
transfer affecting individuals.
Estate Police 39. (1) The Minister may make Rules for the constitution
Association
Rules. and governance of the Estate Police Association and as to any matter
[8 of 1955].
appertaining to the Association.
(2) The Estate Police Association Rules (formerly
contained in a Schedule to this Act) shall be deemed to be made
under subsection (1) and may be amended or revoked under
that subsection.
(3) Rules made under this section may prescribe in
respect of any contravention thereof a fine on summary conviction
of two thousand dollars or imprisonment for six months.
Agreements. 41. The Estate Police Association and an employer may enter
[29 of 1967].
into an agreement in respect of the terms and conditions of
employment of its members, other than terms and conditions in
respect of discipline, promotion or transfer, and the provisions of
Ch. 88:01. Part IV of the Industrial Relations Act, that relate to collective
agreements shall apply to the agreement, but in applying those
sections, there shall be substituted for the reference to—
(a) “trade union” or “trade union of workers”, a
reference to the “Estate Police Association”;
UNOFFICIAL VERSION
42. (1) The Special Tribunal shall hear and determine all Powers of
Special
disputes referred to it under the provisions of the Industrial Tribunal.
[29 of 1967].
Relations Act as incorporated in section 40 of this Act, and for that Ch. 88:01.
purpose shall have the powers of the Industrial Court that are vested
therein by the Industrial Relations Act.
(2) Any award, order or other determination of the Special
Tribunal shall be final.
44. If any person causes, or attempts to cause, or does any act Penalty on
persons causing
calculated to cause disaffection amongst the members of the Estate disaffection, etc.
Police or induces, or attempts to induce, or does any act calculated
to induce any estate constable to withhold his services or to commit
breaches of discipline he is liable on conviction on indictment to
imprisonment for two years or on summary conviction to a fine of
one thousand dollars and to imprisonment for three months.
45. Any estate constable who was on 13th April 1950, a Membership of
trade unions by
member of a trade union may continue to subscribe to the union existing estate
constables.
and to receive any financial benefits to which he was entitled
by virtue of membership thereof, but save as aforesaid, he shall
not take part in any of the activities of the union; and nothing
contained in section 36 or 37 shall be construed so as to render the
membership unlawful provided it is restricted in extent as in this
section mentioned.
Right of 46. Nothing in this Act shall be deemed to preclude any estate
individual estate
constable to constable from making representations on his own behalf to his
make
representations. employer or the lawfully constituted attorney of his employer on
[29 of 1967].
any matter whatsoever; but he shall not have the right to make any
representation in respect of any neglect or violation of duty dealt
with by any member of the Police Service of or above the rank of
Assistant Superintendent in accordance with the provisions of this
Act or of any regulations made hereunder.
Section 10.
[8 of 1955 SCHEDULE
29 of 1967].
FORM OF PRECEPT TO CONSTABLE
To ....................................................... of ............................................................
The Commissioner of Police, under and by virtue of the power and authority
in him vested by the Supplemental Police Act, hereby appoints you to be a
(Rural/Estate)* Constable, and issues to you this Precept authorising you to act
as a (Rural/Estate)* Constable for the ................................................................
Division of Trinidad and Tobago.
(Signed) .........................................................
for the Commissioner of Police.
UNOFFICIAL VERSION
SUBSIDIARY LEGISLATION
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Under orders.
3. Persons to obey.
4. Official pocket book.
5. Person rural constable to report to.
6. Badge.
7. Reporting crime, etc.
8. Arrest.
9. Handcuffs.
10. Person arrested.
11. Government property.
12. Training of rural constable.
13. Offences.
14. “Defaulter’s offences” book.
15. Promotion of rural and estate constables.
16. Official police duty.
17. Precept fees.
Under orders. 2. Every rural and estate constable shall be directly under
[45 of 1979].
the orders of Magistrates and police officers of or above the rank
of Corporal. Every estate constable shall also be under the orders
of a senior member of the Estate Police.
Persons to obey. 3. Every rural and estate constable shall obey all Magistrates,
[45 of 1979].
police officers of or above the rank of Corporal and any senior
member of the Estate Police in matters of official duty.
Official pocket 4. Every rural and estate constable shall record in the official
book.
pocket book which will be issued to him for the purpose—
(a) any information or intelligence obtained by
him in regard to the public tranquillity, the
preservation of the peace, the commission of
crime or other infringement of the law;
(b) any report or complaint made to him in his
capacity of constable;
(c) a note of any act done by him in the execution of
his duty as constable;
(d) a note of any other matter whatsoever arising out
of his duty as rural or estate constable.
Person rural
constable to
5. (1) Every rural constable shall report himself regularly at
report to. intervals not exceeding one month at a time to the police officer in
[45 of 1979].
charge of the station to which he is attached.
(2) The police officer shall on the report being made—
(a) check and initial the rural constable’s
pocket book;
(b) instruct him in the descriptions of any notorious
offenders at large and ensure that the descriptions
are briefly entered in the pocket book;
UNOFFICIAL VERSION
6. The badge shall always be worn when the rural or estate Badge.
constable is exercising his office; if it is necessary, for the purpose
of detecting crime, that he should not be known, he may keep his
badge in his pocket or otherwise hidden, but when the moment
comes for him to use his power as a constable he shall show it.
Government
property.
11. Every rural or estate constable shall be responsible for
any government property issued to him and shall, subject to
the discretion of the Commissioner, pay for any loss or damage
to same.
Training of rural
constable.
12. Every rural constable on appointment shall, unless
specially exempted by the Commissioner, be attached for seven
days for training at the Police Station of his district and shall be
paid at such rate of pay per day as may be approved from time to
time by the Minister.
Offences.
[45 of 1979].
13. Every member of the Supplemental Police charged with
any of the following offences:
(a) insubordination;
(b) wilful disobedience of lawful orders;
(c) drunkenness;
(d) absence from duty without leave;
(e) sleeping on duty;
(f) any act, conduct, disorder, or neglect to the
prejudice of good order or discipline or any
other misconduct as a member of the
Supplemental Police,
is liable—
(g) on conviction before the Commissioner to one or
more of the following punishments:
(i) fine not exceeding five dollars;
(ii) reduction in rank;
(iii) dismissal; or
(h) if a member of the Rural Police on conviction
before a police officer in charge of the division
or district to one or more of the following
punishments:
(i) fine not exceeding five dollars;
(ii) reprimand or severe reprimand; or
(i) if a member of the Estate Police on conviction
before the police officer in charge of the
UNOFFICIAL VERSION
16. Whenever any rural or estate constable is engaged on any Official police
duty.
official police duty he shall be subject to the Police Service Act Ch. 15:01.
and any Police Regulations or Standing Orders in force governing
the Police Service.
17. The appropriate fees payable in respect of a precept issued Precept fees.
[6 of 1993].
under section 10 of the Act are as follows:
Matter in which fee payable Amount of fee
$ ¢.
(a) the issue of a precept 100.00
(b) the re-issue of a lost precept 20.00
ARRANGEMENT OF RULES
RULE
1. Citation.
PART I
PART II
19. Provisions for ensuing secrecy.
UNOFFICIAL VERSION
Association Rules.
PART I
4. For each Branch of the Association formed under rule 3 Branch Boards.
there shall be constituted a Branch Board.
6. Every member of a Branch shall have the right to vote at Right to vote.
Representation
by Central
10. The Central Committee may submit to all or any of the
Committee. employers of members of the Association any competent
representations so far as compatible with section 38 of the Act.
Elections to be 11. All elections shall be by secret ballot and the provisions
by ballot.
for securing secrecy and freedom from interference in voting as
set out in Part II of these Rules shall apply in respect of all elections
under these Rules.
Elector to give 12. At any election under these Rules each elector may give
only one vote to
any candidate. one vote and no more for each of any number of candidates not
exceeding the number to be elected.
Branch Boards 13. Subject to the provisions of these Rules, each Branch Board
to make
Regulations for may make Regulations as to the mode of election of the members
elections.
of the Board and of the delegates to the Central Committee returned
by the Board, and as to the filling of casual vacancies occurring
amongst such members and delegates except that in the case of the
first elections, regulations as to the elections shall, subject as
aforesaid, be made by the Minister.
Officers. 14. Each Branch Board and the Central Committee shall
choose its Chairman and its Secretary from among its
own members.
UNOFFICIAL VERSION
17. (1) Branch Boards may hold four regular quarterly Meetings.
meetings, including the annual meeting, and extraordinary meetings
for any matter of urgency, any such meeting lasting not more than
twenty-four hours.
(2) The Central Committee may hold regular meetings
twice in each year, and extraordinary meetings for any matter of
urgency, any such meeting lasting not more than twenty-four hours.
PART II
19. (1) Every person in attendance at the polling station or Provisions for
ensuring
other place of voting shall maintain and aid in maintaining the secrecy.
secrecy of the voting in such station or place, and shall not
UNOFFICIAL VERSION
ESTATE) ORDER
made under section 2