Clause 4
Policing districts
Establishes policing districts as set out in the Schedule. Trinidad is divided into districts comprising one or more municipalities under the Municipal Corporations Act, and Tobago is a single district. The Minister may amend the Schedule by Order subject to negative resolution of Parliament.
Clause 11
Declaration of a closed area
Empowers the President to declare a closed area by Order subject to negative resolution, where the presence of violent crime, gang activity or illegal weapons threatens public safety and ordinary law enforcement measures are insufficient to maintain or restore public safety and peace.
Clause 12
Permits to enter or leave a closed area
Prohibits any person from entering or leaving a closed area without a permit. Specified officials, the Head of Special Operations, the Head of Military Assistance and police officers and members of the Defence Force on duty are exempt. The Commissioner may issue a permit by notice in the Gazette to any class or category of persons, and the Commissioner, Chief of Defence Staff or a Head of Special Operations or Military Assistance may issue a permit to an individual subject to conditions and restrictions, and may suspend or cancel it. Failure to obtain a permit, or to comply with a condition attached to one, is an offence carrying on summary conviction a fine of $50,000 and one year's imprisonment.
Clause 13
Cordons and permits
Authorises a Head of Special Operations to establish a cordon using barriers, roadblocks or other methods, with notice of the cordon, its boundaries and requirements published and displayed conspicuously and gazetted within three days. Persons other than exempted persons must obtain a permit to enter or exit the cordoned area, and failure to comply is an offence.
Clause 14
Curfews
Empowers the President to impose a curfew in a closed area by Order subject to negative resolution of the House of Representatives, requiring persons to remain in their premises during specified hours unless authorised by a permit. Contravention of the Order, or of a condition attached to a permit, is an offence.
Clause 15
Search and seizure without warrant
Authorises a police officer conducting special operations in a closed area to search any place, vehicle or person without a warrant on reasonable suspicion that an offence is being, has been, or is about to be committed. The officer may seize any vehicle, article or document useful for preventing disorder or of substantial value to an investigation. The clause prohibits the seizure of tools of lawful trade or items protected by legal privilege, requires the owner or occupier to be given the opportunity to observe the search, requires female persons to be searched only by female officers, and requires a list and receipt of seized items.
Clause 16
Custody and return of seized items
Seized vehicles, articles and documents must be secured in a place and custody approved by the Commissioner and returned when no longer needed for public order or evidential purposes. A Magistrate must order release where satisfied there are no reasonable grounds for retention.
Clause 17
Arrest and detention
A Head of Special Operations must be satisfied there are reasonable grounds for suspicion before arrest or detention. The person must be promptly informed of the reasons in a language he understands and brought before a Magistrate, who may remand him in custody for up to forty-eight hours, after which he must be taken before a High Court Judge who may order continued detention or immediate release.
Clause 20
Treatment of detainees
Complaints by or concerning arrested or detained persons must be recorded in the station diary. Detainees may receive visits from a spouse, cohabitant, family member, Attorney-at-law or medical practitioner, may receive food, clothing and items necessary for health and welfare, and must promptly receive medical attention where they appear ill.
Clause 21
Body-worn cameras
Requires police officers and members of the Defence Force, as far as resources permit, to use body-worn cameras during special operations in closed areas. Access to the footage is restricted to oversight and investigative bodies including the Police Service Commission, the Police Complaints Authority, the Director of Public Prosecutions and the Ombudsman.
Clause 23
Disclosure of name and address
Empowers a police officer to require a person within a closed area to disclose his full and correct name, including any alias, and address, where the officer suspects an offence or believes the person may assist an investigation. Giving a materially false name or an incorrect address without reasonable excuse is an offence.
Clause descriptions are drawn from the explanatory note published with the document. The full text of every clause is in the document alongside.