In the year 2003, an Act of Parliament entitled, “Police Complaints Act”, provided for the receipt, investigation and determination of complaints and other related matters by the public against the police. The Act also provided for a Police Complaints Commission and a Police Complaints Unit among other things.

Composition of Police Complaints Unit

The Police Complaints Unit comprises of five police officers:

o One Assistant Superintendent
o One Inspector
o Two Sergeants
o One Corporal

Staff Responsibility:

The Assistant Superintendent has overall responsibility for the unit. In addition, he investigates complaints against Inspectors. The Inspector supervises the Sergeants and Corporal and investigates complaints against Sergeants.

The Sergeants investigate complaints against Corporals and the Corporal investigates complaints against Constables. However, all members of staff investigate complaints against Constables due to the nature of the report. Should a complaint be made against the Head of the Unit, or an officer of a higher rank than the Head of the Unit, the Commissioner will appoint an officer of senior rank to that of the officer against whom the complaint is made, to conduct the investigation.

Location of Complaints Unit:

The Complaints Unit is based on the first floor of the Police and Allied Services Co-operative Credit Union building on Bridge Street, Castries. However, its relocation to the second floor of the Monrose building on Brazil Street, Castries, is imminent. Members of the unit are responsible for investigating complaints against police officers throughout the length and breadth of the island.

Commencement of operations:

The operations of the Complaints Unit commenced in January 2004. In that year, members of the public made one hundred and forty-five (145) complaints against police officers. The complaints Unit completed a total of one hundred and seven (107) complaints of the one hundred and forty-five complaints that were filed.

The comparative figures for the year 2005 are one hundred fifty-one (151) and one hundred and fifteen (115). By the end of June 2006, the public made ninety-eight (98) complaints against police officers.

Table showing outcome of investigations for 2004 and 2005

Table showing outcome of investigations as of 30 June 2006

* The standardization of terms used in investigation reports came about on June 28 2006. Therefore, the comparative figures for 2004 are not available.

Standardized Terms used in Investigation Reports

o Unfounded – The investigation showed that the alleged incident did not occur or that the officer in question was not present.

o Action justified – The investigation showed that the incident did occur, but the officer’s actions were lawful, justified and proper.

o Not sustained – The investigation failed to support the allegation, but it could not be shown to be false, i.e. there is insufficient evidence to prove or disprove the allegation.
o Sustained – The investigation proves that the allegations were true and not justified, i.e. there is sufficient evidence to conclude that the officer engaged in misconduct.

Organizational Chart

POLICE COMPLAINTS COMMISSION (PCC)

The Police Complaints Commission (PCC) is an independent body, which is primarily responsible for overseeing the complaints process. The PCC has the power to conduct its own investigation in relation to any complaint but the Commission generally monitors and supervises the investigations by the Complaints Unit, to ensure that they are carried out impartially and thoroughly, in accordance with the Act.

Who can make a complaint?

Any member of the public who has a complaint about the conduct of a police officer, whether or not that person is personally affected by the subject matter of the complaint, e.g. he could have witnessed the alleged misconduct.

[Examples of misconduct include: threatening language/behaviour, derogatory remark, neglect of duty, unlawful arrest etc.]

Who can a complaint be made about?

Police officers of any rank

Is there a form for making the complaint?

A complaint is made in the Form provided in the Schedule to the PCA 2003.

Forms are available at:

The PCC’s secretariat at the Ministry of Home Affairs and Internal Security

The Complaints Unit at Police Headquarters

Police Force Northern Divisional Office at Gros -Islet

Police Force Southern Divisional Office at Vieux -Fort.

Who completes the Form?

A complainant can:

o Complete the form by his/her self and return it to any of the offices; or

o Go directly to the PCC’s Secretariat or the Complaints Unit and give his/her complaint verbally and it will be taken down in writing.

What should be included in the complaint?

Whether a complainant chooses to write his/her statement or to have it taken by someone at the PCC or an officer at the Complaints Unit, the complaint must include:

The complainant’s full name [and alias]

An address to which any correspondence can be sent and other contact information – tel #, fax, email.

The name of the officer[s] against whom complaint is being made: [Officers’s #, Dept./Station, if available].

Details as to :

What happened/When it happened

Who was involved/What was said or done

Whether there were any witnesses other than the complainant/ Where the witnesses can be contacted.

Findings and recommendations should be clear so that the PCC has precise information to prepare the notifications to the complainant and the officer(s) involved.