ATTORNEY-GENERAL and Minister of Legal Affairs, Anil Nandlall, has warned that police officers who detain motorists or seize their documents for traffic breaches, rather than issuing tickets, are acting unlawfully and risk being sued and even charged.
Speaking on his weekly programme Issues in the News, Nandlall said Guyana’s traffic laws were amended to create a broad category of ticketed offences precisely to avoid arbitrary arrests, prolonged waits at police stations and the detention of vehicles for minor breaches.
“We amended our laws, and we created a number of what is called ticketed offences, and the whole purpose of creating those ticketed offences was to permit the police to issue tickets to persons if the police believes that the person has committed an offence and not to take away the person’s driver’s licence, and then all their insurance, or other important documents, and direct them to go to the police station and wait for hours, or detain their vehicles, or detain them in any form or fashion,” he explained.
Nandlall disclosed that there are approximately 37 offences that are expressly designated as ticketed offences under the Road Traffic Act and regulations.
These include, driving an uncertified motor vehicle, driving without a driver’s licence, failing to produce a driver’s licence, refusing to give a present address, exceeding speed limits, failing to stop when required by a police officer in uniform, failing to equip a vehicle with seat belts, failing to wear a seat belt, leaving a vehicle in a dangerous position and driving a motorcycle without a safety helmet.
He said his office would circulate the full list along with the prescribed fines and the relevant statutory provisions to the media so it can be published for public awareness.
“There are about 37 offences that are ticketed offences, meaning that if a policeman believes that these offences have been committed, the policeman ought to write a ticket, and no one should be detained in relation” he asserted.
LEGAL CONSEQUENCES FOR OFFICERS
The Attorney General was blunt that officers who ignore the law and detain persons or vehicles instead of issuing tickets expose themselves and the State to serious legal consequences.
“Any police officer who, instead of issuing a ticket for any of these offences, detains any person or detains their property, their motor vehicle, that policeman is liable to be sued,” Nandlall cautioned.
He said such officers could face civil claims for false imprisonment, wrongful arrest, unlawful detention of property, constitutional breaches of a person’s liberty and may additionally be criminally charged for their conduct.
As Attorney General, he noted, he is often placed in the position of having to defend such matters in court, even when the underlying actions of the officers are plainly contrary to the law.
“Some measures will have to be taken in relation to the policemen and women who are violating the law in such a callous manner,” Nandlall added, signalling that the administration is considering stronger internal responses.
RIGHTS OF MOTORISTS
Under the current framework, a driver who is issued with a ticket has two options, plead guilty and pay the fixed penalty; or contest the allegation by appearing in court.
Nandlall stressed that this system was deliberately designed to protect citizens’ liberty while still allowing for enforcement of road safety rules.
He urged members of the public to familiarise themselves with the list of ticketable offences once it is published and indicated that improper practices by some ranks will not be allowed to continue unchecked.
