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Supplemental Police Act: Laws of Trinidad and Tobago

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LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

SUPPLEMENTAL POLICE ACT


CHAPTER 15:02

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

Current Authorised Pages


Pages Authorised
(inclusive) by L.R.O.
1–31 ..

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

2 Chap. 15:02 Supplemental Police

Index of Subsidiary Legislation


Page
Supplemental Police Regulations (GN 74/1951) … … … … 21
Estate Police Association Rules (15 of 1950) … … … … 26
Supplemental Police (Government Ministries Estate) Order (LN 101/1982) … 31
Supplemental Police (Public Transport Service Corporation Estate) Order
(LN 57/1984) … … … … … … … 31

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

UPDATED TO 31ST DECEMBER 2016


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Supplemental Police Chap. 15:02 3

CHAPTER 15:02

SUPPLEMENTAL POLICE ACT

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.

POWERS AND DUTIES OF CONSTABLES


14. General powers of constables.
15. Calling out rural constables for service.
16. Remuneration of rural constable.
17. Offences by constable.

RESIGNATION, ETC., OF CONSTABLE


18. Resignation of constable.
19. Dismissal of constable.
20. Recommendation for suspension or dismissal.
21. Publication of notice of appointment and dismissal.
22. Determination of employment of estate constable.
23. Delivery up of appointments by constable resigning, etc.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016


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4 Chap. 15:02 Supplemental Police

ARRANGEMENT OF SECTIONS—Continued
SECTION

24. Delivery up of appointments of deceased constable.


25. Bodily injury to constable.
26. Reward for apprehension of criminal.
27. Rewards to constables.
28. Unlawful possession of badge, etc., and personation of constable.

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

UPDATED TO 31ST DECEMBER 2016


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Supplemental Police Chap. 15:02 5

CHAPTER 15:02

SUPPLEMENTAL POLICE ACT

An Act relating to Supplemental Police Bodies. 1950 Ed.


Ch. 11 No. 2.

11 of 1906.
[16TH MAY 1906] Commencement.

1. This Act may be cited as the Supplemental Police Act. Short title.

2. In this Act— Interpretation.


[15 of 1950
“Commissioner” means the Commissioner of Police; 8 of 1955
29 of 1967
“constable” means— 45 of 1979].

(a) any member of the supplemental bodies of Police


established under section 3;
(b) any person appointed a special constable under
section 29;
“dispute” means any dispute or difference between employers
and estate constables connected with the employment or
non-employment or with the terms and conditions of
employment of any estate constable but does not include any
dispute with respect to the exercise by any person of any
power in relation to questions of discipline, promotion or
transfer conferred on him by this Act or by Regulations
made thereunder;
“district” and “division” mean Police district and division defined
by Regulations made under the Police Service Act; Ch. 15:01.

“employer” includes the Government of Trinidad and Tobago,


and the owner, manager, attorney or agent of any estate on
which an estate constable is employed and a protective
service agency;
“estate” includes any plantation, lands, warehouse, storehouse, or
business premises; but where two or more estates as so
defined are in the ownership of the same employer, the
Commissioner of Police, on the application of the employer,
may by Order direct that any or all of such estates shall be
deemed to be one estate for the purposes of this Act, and the
estates shall thereupon be deemed to be one estate;

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016


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6 Chap. 15:02 Supplemental Police

“First Division Officer” means any of the officers specified in the


First Schedule to the Police Service Act;
“Police Service” means the Police Service established under the
Police Service Act;
“protective service agency” means a body corporate registered
Ch. 81:01. under the Companies Act whose principal object is the
protection of persons and property by providing guards and
escorts and approved for that purpose by the Minister;
“Second Division Officer” means any of the officers specified in
Ch. 15:01. the Second Schedule to the Police Service Act;
“Special Tribunal” means the Special Tribunal established by
Ch. 23:01. section 21(1) of the Civil Service Act.

Establishment of 3. There shall be established in Trinidad and Tobago


Supplemental
Police. supplemental bodies of Police, namely—
[8 of 1955
29 of 1967]. (a) a Rural Police;
(b) an Estate Police.
Duties. 4. (1) Subject to section 14(1), the Rural Police in time of
[8 of 1955
29 of 1967]. peace shall act as an auxiliary to the Police Service in the
performance of its ordinary duties, and in time of internal
disturbance or external aggression shall assume the ordinary
duties of the Police Service to such extent as may be found requisite
by the Commissioner.
(2) The Estate Police shall comprise such constables as
are employed on any estate in the maintenance of order on, and in
the protection of, the estate and such constables as are employed
by a protective service agency.
Supreme 5. Subject to the general order and direction of the Minister,
command.
the Commissioner shall have the command and superintendence
of the Supplemental Police, and he shall be responsible to the
Minister for their efficient condition and for the proper carrying
out of the provisions of this Act.

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

UPDATED TO 31ST DECEMBER 2016


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Supplemental Police Chap. 15:02 7

of the Supplemental Police, and perform such duties in relation


thereto as may be prescribed by the Regulations or directed by
the Commissioner.

7. Subject to the provisions contained above— Number,


distribution and
(a) the Rural Police in each division shall consist of powers of
Supplemental
such number and ranks of constables residing in Police.
[8 of 1955
the division as may with the sanction of the 29 of 1967].
Minister from time to time be directed by the
Commissioner. Their power and authority under
this Act shall extend throughout the division to
which they are appointed;
(b) the Estate Police employed on any estate or by a
protective service agency shall consist of such
number and ranks of constables as the employer
may, subject to the approval of the Commissioner,
require and shall have the power and authority
of members of the Police Service in respect of
all offences committed on the estate to which
they belong and throughout the division in which
the estate may be situated. However, constables
employed by a protective service agency shall
have the power and authority of members of
the Police Service in respect of all offences
committed in relation to any person whom or
any property which they are employed to guard
or protect.

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 L.R.O.

UPDATED TO 31ST DECEMBER 2016


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8 Chap. 15:02 Supplemental Police

(2) Every such constable appointed as above shall be


required to retire on his attaining the age of sixty-five years.
However, the Commissioner of Police, with the approval of the
Minister may call upon any such constable to retire at any time
after he has attained the age of sixty years.

Appointment. 9. Subject to this Act, the Commissioner may appoint


[8 of 1955
29 of 1967]. any qualified person to be a constable; but no estate constable
shall be appointed unless provision is made to the satisfaction of
the Commissioner by the employer for the remuneration of
such constable.

Precept of 10. (1) On appointing any person to be a constable, the


appointment and
oath of office. Commissioner shall deliver or cause to be delivered to him a
[15 of 1950
8 of 1955 precept authorising him to act as a constable signed by the
29 of 1967
45 of 1979]. Commissioner, or on his behalf by any First Division Officer
lawfully authorised by him in writing.
(2) The precept may be in the form contained in the
Schedule. Schedule but for the purposes of section 7(b), may be in such other
form as the Commissioner may determine.
(3) When he receives the precept, the person so appointed
shall take, before any First Division Officer or Justice, if a rural
constable, the following oath of office:
I, .................... of ......................... do swear that I will well
and truly serve the State as a Rural Constable for the ........................
Division of Trinidad and Tobago. So help me God.
and, if an estate constable, the following oath of office:
I, ..................... of ......................... do swear that I will well
and truly serve the State as an Estate Constable on ........................
Estate situated at ............................... in Trinidad and Tobago.
So help me God.
(4) On receiving the precept and taking the oath, the
person so appointed shall be a rural or estate constable under the
provisions of this Act.

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UPDATED TO 31ST DECEMBER 2016


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Supplemental Police Chap. 15:02 9

11. Every constable shall be provided with a short manual Equipment.


[8 of 1955
describing the powers and duties of a constable, a badge and a 29 of 1967].
baton; and the badge shall be evidence of the office of any
constable and shall in all cases be displayed by every such
constable when exercising the duties of his office. The cost of these
articles of equipment shall be defrayed, in the case of the Rural
Police or members of the Estate Police in the employ of the
Government of Trinidad and Tobago from funds which may be
provided by Parliament for such purpose, and in the case of
other members of the Estate Police by the employer.

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.

POWERS AND DUTIES OF CONSTABLES


14. (1) Every rural constable throughout the division to which General powers
of constables.
he is appointed and every estate constable throughout the division [15 of 1950
in which the estate to which he belongs is situated, and every estate 8 of 1955
29 of 1967].

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016


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10 Chap. 15:02 Supplemental Police

constable employed by a protective service agency while engaged


in the performance of his duties shall have all such rights, powers,
authorities, privileges and immunities and be liable to all such
duties and responsibilities, as any member of the Police Service
below the rank of corporal now has or is subject or liable to, or
may hereafter have or be subject or liable to either by Common
Law or by virtue of any law which now is or may hereafter be in
force in Trinidad and Tobago.
(2) Every rural or estate constable may serve and execute
any summons, warrant, or other process in any cause or matter,
whether civil, quasi-criminal, or criminal issued by any Magistrate.
(3) Every rural and estate constable shall obey all orders
lawfully given to him by a Magistrate or by his superior officer.

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.

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Supplemental Police Chap. 15:02 11

(6) In any proceeding against a rural constable under this


section, proof that a notice calling out rural constables for active
service was posted at a Police Station in the division in which the
rural constable resides shall be conclusive proof that the call came
to the knowledge of the rural constable.

16. Whenever any rural constable is called out or employed Remuneration of


rural constable.
on active service, or serves or executes any process mentioned in [45 of 1979].
section 14, he shall be paid for his services from such moneys
as may be provided by Parliament for that purpose, at such rates
as may be prescribed from time to time by the Minister of
Finance, or at such other rates as may be fixed from time to time
by Parliament.

17. If any constable— Offences by


constable.
(a) refuses or neglects to obey any order lawfully
given to him;
(b) refuses or neglects to serve or execute any
summons, warrant, or other process as
hereinbefore mentioned; or
(c) is guilty of any violation or neglect of duty not
otherwise provided for in this Act,
he is liable, on summary conviction, to a fine of two hundred
dollars or to imprisonment for two months.

RESIGNATION, ETC., OF CONSTABLE


18. (1) A constable shall be at liberty to resign his appointment Resignation of
constable.
giving one month’s notice in writing of his intention so to resign— [8 of 1955
29 of 1967].
(a) if a rural constable, to the Superintendent of the
division in which he resides; or
(b) if an estate constable, to the employer.
However, the Commissioner may, in the case of a rural
constable, if he thinks fit, refuse to accept the resignation for
such period as he may consider necessary.
(2) If in any case he thinks fit to do so, the Commissioner
may allow a constable to resign his appointment without
giving notice.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016


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12 Chap. 15:02 Supplemental Police

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.

Determination 22. When any estate constable ceases to be employed, the


of employment
of estate employer shall, within one week next after the determination of
constable.
[8 of 1955 the employment of the constable, inform the Commissioner either
29 of 1967].
directly or through the Superintendent of the division, and should
the services of the constable have been dispensed with he shall
inform the Commissioner of the reason for the action. Any
employer who fails to report the determination of employment or
reason for dispensing with the services of an estate constable is
liable on summary conviction to a fine of two hundred dollars.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016


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Supplemental Police Chap. 15:02 13

23. (1) When any constable resigns or is dismissed from, or Delivery up of


appointments by
ceases to hold and exercise, his office, all powers and authorities constable
resigning, etc.
vested in him as a constable shall immediately cease and determine, [15 of 1950
and he shall, within seven days thereafter, deliver over all articles 45 of 1979].
or appointments which may have been supplied to him for the
execution of his office to the police officer in charge of the Police
Station nearest to which he resides.
(2) Any constable 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 over, wherever the same may be
found, and to arrest the person in whose possession the same may
be found.

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.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016


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14 Chap. 15:02 Supplemental Police

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.

Rewards to 27. The Minister may grant rewards or gratuities to such


constables.
constables as he may think deserving of reward or gratuity; and
the sums so granted shall be paid 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

UPDATED TO 31ST DECEMBER 2016


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Supplemental Police Chap. 15:02 15

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.

32. Any person appointed a special constable who, without Penalty on


special
reasonable cause, neglects or refuses to take the necessary oath constable
refusing to act.
and serve as such special constable when called upon to do so by [45 of 1979].
the Commissioner, the Deputy Commissioner or other First

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016


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16 Chap. 15:02 Supplemental Police

Division Officer, or any Justice, or who neglects or refuses to obey


any lawful command is liable on summary conviction to a fine of
two hundred dollars or to imprisonment for fourteen days.

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

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Supplemental Police Chap. 15:02 17

good discipline on the part of an estate constable,


and which the Commissioner shall, with the
approval of the Minister, declare to be a
prohibited association.

36. (1) Except as hereinafter provided, an estate constable Estate


constables not to
shall not be a member of a prohibited association. join prohibited
associations.
(2) An estate constable shall not become a member of a
prohibited association.
(3) If any estate constable becomes a member of a
prohibited association, the estate constable, the association, and
every officer of the association who is knowingly a party to the
admission or enrolment of the estate constable is liable on summary
conviction for each offence to a fine of one thousand dollars.

37. (1) Except as hereinafter provided, a prohibited Prohibition of


estate constable
association shall not permit any estate constable to receive any receiving
benefits from
benefit, financial or otherwise, from the association or for any such prohibited
association to receive any money from an estate constable. associations.

(2) If there is any contravention of the provisions of this


section, the estate constable, the association, and every officer of
the association who is knowingly a party to the contravention is
liable on summary conviction for each offence to a fine of one
thousand dollars.

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.

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18 Chap. 15:02 Supplemental Police

(3) The Estate Police Association shall be entirely


independent of and unassociated with anybody outside the
Estate Police.

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.

Dispute 40. A dispute which arises among estate constables or


procedure.
[29 of 1967]. between estate constables and an employer may, if not otherwise
determined, be reported by the employer or by the Estate Police
Association to the Minister of Labour and on the report being
made, the proceedings on the dispute and all matters and things
incidental and ancillary thereto shall be had and taken mutatis
mutandis in the same manner as proceedings on a trade dispute
Ch. 88:01. under Part V of the Industrial Relations Act, and in applying the
provisions of Part V of the said Act, there shall be substituted for
the reference to “trade dispute” and “Court” wherever those words
occur in Part V, a reference to “dispute” and “Special Tribunal” as
defined in this Act.

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”;

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Supplemental Police Chap. 15:02 19

(b) “worker”, a reference to “constable”;


(c) “collective agreement”, a reference to
“agreement”;
(d) “labour”, a reference to “employment”;
(e) “Court”, a reference to “the Special Tribunal”,
as defined in this Act.

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.

43. (1) An award made by the Special Tribunal under Awards to be


binding on
section 42 shall be binding on the parties to the dispute and on all parties to
dispute.
constables to whom the award relates and shall continue to be so [29 of 1967].
binding for a period to be specified in the award, not being less
than three years from the date on which the award takes effect.
(2) The Special Tribunal may, with the agreement of the
parties to an award, review an award at any time after two years
from the making of the award.

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

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20 Chap. 15:02 Supplemental Police

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

TRINIDAD AND TOBAGO:


The Supplemental Police Act.

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.

*Delete what does not apply.


NOTE—On the precept of Estate Constables the estate will be specified on the reverse.

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Supplemental Police Chap. 15:02 21

SUBSIDIARY LEGISLATION

SUPPLEMENTAL POLICE REGULATIONS

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.

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22 Chap. 15:02 Supplemental Police


[Subsidiary]

74/1951. SUPPLEMENTAL POLICE REGULATIONS


[146/1951
45 of 1979
6 of 1993]. made under section 12

Citation. 1. These Regulations may be cited as the Supplemental


Police Regulations.

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;

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Supplemental Police Chap. 15:02 23


Supplemental Police Regulations [Subsidiary]

(c) instruct him as regards any recent Act or


regulations affecting police work;
(d) examine him as to his knowledge of habitual
criminals or known thieves residing in his district;
(e) furnish him with a list of persons in his district
against whom there are outstanding warrants
or summonses.

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.

7. Every rural and estate constable shall report as soon as Reporting


crime, etc.
possible to the police officer in charge of the station to which he [45 of 1979].
is attached any serious crime or unusual event occurring in
his district.

8. When an arrest is made by a rural or estate constable he Arrest.


[45 of 1979].
shall forthwith take the person or persons arrested to the police
station to which he is attached or to the nearest police station to
lay the necessary information as may be directed by the police
officer in charge.

9. When persons are arrested, handcuffs shall never be Handcuffs.


used except in cases of necessity when a prisoner is violent
and likely to attempt to escape or if the number of prisoners to
be conveyed or the special circumstances render such a
protection necessary. Females, lunatics and young children
shall never be handcuffed.

10. No promise or threat shall be made to any person Person arrested.


arrested or any violence used to make him say anything; if he
wishes to speak, the rural or estate constable in whose custody he
is must caution him that anything he may say may be given
in evidence.

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24 Chap. 15:02 Supplemental Police


[Subsidiary] Supplemental Police Regulations

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

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Supplemental Police Chap. 15:02 25


Supplemental Police Regulations [Subsidiary]

division or district or before any senior police


officer of the Estate Police, to one or more of the
following punishments:
(i) confinement to barracks for any number of
days not exceeding twenty;
(ii) punishment drill not exceeding fourteen
days or up to six hours extra duty without
pay but not exceeding one extra hour a day;
(iii) fine not exceeding five dollars;
(iv) reprimand or severe reprimand.
However, in any such case under paragraph (h) and (i) there
shall be a right of appeal to the Commissioner of Police against
any such punishment which shall not be carried into effect until
the determination of the appeal.

14. All offences of which members of the Supplemental Police “Defaulter’s


offences” book.
have been found guilty shall be entered in a “defaulter’s offences”
book kept for this purpose.

15. Police officers in charge of divisions shall annually, when Promotion of


rural and estate
forwarding the promotion list of constables, forward at the same constables.
[45 of 1979].
time a separate list of rural and estate constables recommended
for promotion.

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

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26 Chap. 15:02 Supplemental Police


[Subsidiary]

ESTATE POLICE ASSOCIATION RULES

ARRANGEMENT OF RULES

RULE

1. Citation.

PART I

ESTATE POLICE ASSOCIATION


2. Constitution of Association.
3. Branches of Association.
4. Branch Boards.
5. Composition of Branch Boards in general.
6. Right to vote.
7. Elections.
8. Delegates to Central Committee.
9. Representation by Branch Boards.
10. Representation by Central Committee.
11. Elections to be by ballot.
12. Elector to give only one vote to any candidate.
13. Branch Boards to make Regulations for elections.
14. Officers.
15. Chairman to have casting vote.
16. Power of Branch Boards and Central Committee to regulate
own procedure.
17. Meetings.
18. Facilities for meetings.

PART II
19. Provisions for ensuing secrecy.

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Supplemental Police Chap. 15:02 27


[Subsidiary]

ESTATE POLICE ASSOCIATION RULES [15 of 1950.


8 of 1955
29 of 1967
deemed to be made under section 39 45 of 1979].

1. These Rules may be cited as the Estate Police Citation.

Association Rules.

PART I

ESTATE POLICE ASSOCIATION


2. Every constable for the time being of the Estate Police Constitution of
Association.
shall be eligible for membership of the Association, and the
Association shall act through Branch Boards and a Central
Committee as is hereinafter provided.

3. Estate constables employed on the same estate and estate Branches of


Association.
constables employed by a protective service agency may form a [8 of 1955
29 of 1967].
Branch of the Association.

4. For each Branch of the Association formed under rule 3 Branch Boards.
there shall be constituted a Branch Board.

5. (1) A Branch Board shall consist of five members. Composition of


Branch Boards
in general.
(2) If the members of a Branch number more than
fifty, the members on the Branch Board shall be increased by
one member for each twenty-five members of the Branch
above fifty.

6. Every member of a Branch shall have the right to vote at Right to vote.

the election of the Branch Board for his Branch.

7. The elections shall take place annually in the month of Elections.


February and the annual meeting of all Branch Boards shall be
held not later than 15th March.

8. The members of each Branch Board shall at the annual Delegates to


Central
meeting elect from amongst their number two delegates to the Committee.
Central Committee.

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28 Chap. 15:02 Supplemental Police


[Subsidiary] Estate Police Association Rules

Representation 9. A Branch Board constituted for a Branch formed under


by Branch
Boards. rule 3 may submit to the employer of the members thereof or to all
or any of the employers of the members thereof any competent
representations so far as compatible with section 38 of the Act.

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.

Chairman to 15. The Chairman at any meeting of a Branch Board or the


have casting
vote. Central Committee at which he is present shall have a second or
casting vote.

Power of 16. Subject to the provisions of these Rules, every Branch


Branch Boards
and Central Board or the Central Committee may regulate its own procedure,
Committee to
regulate own including the appointment of Committees or sub-Committees.
procedure.

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Supplemental Police Chap. 15:02 29


Estate Police Association Rules [Subsidiary]

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.

18. (1) Except where, in special circumstances, a constable Facilities for


meetings.
of the Estate Police is required for duty for which no substitute is
available, permission shall be given by employers for attendance
at all regular meetings of Branch Boards and of the Central
Committee duly held and a constable of the Estate Police in
attendance at any such meeting shall, as regards wages be deemed
to be engaged on his employer’s business; and no employer shall
make any deduction from such wages or impose upon or exact
from any estate constable any penalty by reason of his absence
while attending any such meeting.
Branch Boards and the Central Committee shall give to the
employers of the estate constables concerned not less than fourteen
days notice of each such regular meeting.
(2) Any employer who, directly or indirectly, refuses, or
by intimidation, undue influence, or in any other way, interferes
with the granting to any estate constable in his employ, of
permission for attending any such regular meeting, is liable on
summary conviction to a fine of two hundred dollars.
(3) In the case of extraordinary meetings of Branch Boards
and of the Central Committee permission for attendance and grant
of wages shall be a matter of mutual arrangement between the
constable of the Estate Police attending and his employer.

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

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30 Chap. 15:02 Supplemental Police


[Subsidiary] Estate Police Association Rules

communicate, except for some purpose authorised by Law, before


the poll is closed, to any person any information as to the name or
other means of identification of any elector who has or has not
applied for a ballot paper or voted at that station or place, and no
such person and no person whatsoever shall interfere with or
attempt to interfere with a voter when marking his vote, or otherwise
attempt to obtain in the polling station or other place of voting
information as to the candidate for whom any voter in the station
or place is about to vote or has voted, or communicate at any time
to any person any information obtained in a polling station or other
place of voting as to the candidate for whom any voter in such
station or place is about to vote or has voted. Every person in
attendance at the counting of the votes shall maintain and aid in
maintaining the secrecy of the voting and shall not communicate
any information obtained at the counting as to the candidate for
whom any vote is given in any particular ballot paper. No person
shall directly or indirectly induce any voter to display his ballot
paper after he shall have marked the same so as to make known to
any person the name of the candidate for or against whom he has
so marked his vote.
(2) Every person who acts in contravention of the
provisions of this rule is liable on summary conviction to a fine of
two thousand dollars or to imprisonment for six months.

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Supplemental Police Chap. 15:02 31


[Subsidiary]

SUPPLEMENTAL POLICE (GOVERNMENT MINISTRIES 101/1982.

ESTATE) ORDER
made under section 2

1. This Order may be cited as the Supplemental Police Citation.


(Government Ministries Estate) Order.

2. All premises and property comprising Government Government


Ministries, etc.,
Ministries and Departments are hereby deemed to be one estate deemed to be
one estate.
for the purposes of precepting estate constables.

SUPPLEMENTAL POLICE (PUBLIC TRANSPORT 57/1984.


SERVICE CORPORATION ESTATE) ORDER
made under section 2

1. This Order may be cited as the Supplemental Police (Public Citation.


Transport Service Corporation Estate) Order.

2. All plantations, lands, warehouses, storehouses or business Property of the


Corporation
premises vested in or occupied by the Public Transport Service deemed to be
one estate.
Corporation are hereby deemed to be one estate for the purposes
of the Supplemental Police Act. Ch. 15:02.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

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