Attorney General and Minister of Legal Affairs Anil Nandlall, SC, has reminded police ranks that they are not legally empowered to detain motorists, seize vehicles, or hold drivers’ documents for traffic offences that are dealt with by ticket.
Speaking on his programme Issues in the News, Nandlall said the ticketing system was introduced to simplify the handling of minor traffic violations and to prevent unnecessary detention of citizens.
“The whole purpose of creating those ticketed offences was to permit the police to issue tickets to persons if the police believes that that person has committed an offence,” Nandlall said.
He stressed that once an alleged offence falls within the ticketable category, the police must issue a ticket and allow the process to take its legal course.
According to the Attorney General, drivers who receive tickets have two options: they may admit liability and pay the prescribed fine, or they may contest the matter in court.
“It is to write that person a ticket and if the person wants to plead guilty, the person can do that and pay the ticket,” he said. “Or to attend court and contest the ticket.”
Nandlall said police ranks act outside their authority when they take away a person’s driver’s licence, insurance or other documents, or instruct motorists to attend a police station and wait for long periods over ticketable offences.
He was also clear that vehicles should not be detained in such circumstances.
“And not to take away the person’s driver’s licence, and then, or their insurance or other important documents and direct them to go to the police station and wait for hours,” he said. “Or detain their vehicles. Or detain them in any form or fashion.”
The Attorney General said there are about 37 ticketable offences under Guyana’s traffic laws. These include several common violations, such as speeding, failing to wear a seatbelt, driving an uncertified motor vehicle, failing to produce a driver’s licence, driving a motorcycle without a safety helmet, and leaving a vehicle in a dangerous position.
He warned that police officers who ignore the law and detain persons or their property instead of issuing a ticket may face serious 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 said.
He added that officers could also face criminal charges or disciplinary action, depending on the circumstances.
The Attorney General said unlawful conduct by police ranks may expose them to lawsuits for false imprisonment, wrongful arrest, breach of constitutional rights, and unlawful detention of property.
His comments follow public complaints about the conduct of some traffic ranks during routine traffic stops. Nandlall said the issue had attracted significant public concern, with citizens raising complaints through messages, letters and online comments.
He indicated that stronger steps may be needed to ensure police ranks comply with the law when dealing with traffic offences.
