Police officers who unlawfully hold motorists or their vehicles could themselves face prosecution or lawsuits, Attorney General and Minister of Legal Affairs Anil Nandlall, SC, has reiterated.
Nandlall said members of the public continue to complain that officers are detaining them instead of issuing tickets for offences covered by the traffic-ticketing system.
Addressing the issue on Issues in the News, he urged senior police officials to give clear instructions to ranks.
“Again, I appeal to the Commissioner and members of the Guyana Police Force, in particular the Traffic Chief, to instruct your officers not to detain persons where a traffic ticket can be issued for some alleged offence,” he said.
He made a similar appeal concerning vehicles, saying they should not be detained when a ticket can adequately address the alleged offence.
Nandlall said he had already explained the potential legal consequences of unlawful detention and suggested that action against offending officers might become necessary.
“I have said already, a police unlawfully detaining a person and or his vehicle commits both a criminal offence as well as a civil wrong, and is liable to be sued and charged, and we may have to move in that direction shortly,” he said.
The Attorney General also disclosed discussions with the Traffic Chief on expanding the categories of offences covered by tickets.
He said the proposed expansion would reduce situations in which police could unlawfully detain people and vehicles. No list of additional offences or timetable for the change was provided.
Nandlall’s warning to police was accompanied by a reminder to motorists that tickets must be paid.
Citing information from the Traffic Chief, he said approximately 44 per cent of the 88,332 tickets issued remained outstanding.
He said measures were being planned to restrict the renewal of driving licences, vehicle licences and certificates of fitness associated with unpaid tickets, although he did not announce when those measures would begin.
