AG warns traffic officers: detain drivers unlawfully and face being sued

Police officers who illegally detain drivers or withhold their documents for ticketable offences could be sued and charged, Attorney General Anil Nandlall has warned.

Speaking on his “Issues in the News” programme on Tuesday, Nandlall said such actions constitute false imprisonment, wrongful arrest and detention of property, among other civil and constitutional breaches for which the State could be held accountable.

“Any police officer who instead of issuing a ticket for any of these offences detains their property — that policeman is liable to be sued. He can also be charged,” he said.

Nandlall explained that traffic officers must issue a ticket for the relevant offence, after which the driver decides whether to pay or contest the charge in court. Any other action, he said, is unlawful.

Attorney General Anil Nandlall
Attorney General Anil Nandlall

“As Attorney General, I have to defend the police when these things happen and some measures will have to be taken in relation to the police men and women who are violating the law in such a callous manner,” Nandlall said.

He said the list of ticketable offences — which includes speeding, driving without a licence, failing to produce a licence and driving an uncertified vehicle — would be publicised to facilitate smoother interactions between drivers and traffic officers.

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