The growing escalation of crime has assumed such proportions that it has gone beyond police and political control. As a consequence the Government and the President have deemed it necessary and expedient to declare a state of emergency in order to halt the savagery and amorality that have become so pervasive and endemic in the society. The factors militating against the competence of the police in their role and function of crime detection and law enforcement have been the subject of review by many commissions and committees of enquiry since the advent of our independence, but it would seem that precious little has been done over the years to enhance police capability and efficiency as guardians of the peace. It is an irrebuttable presumption of fact that no civilised society can exist without the mainte- nance of law and order and for this purpose there has been established a Police Service of T&T whose function has always been circumscribed around crime detection, law enforcement, and keeping the peace and for this purpose the police have been given wide discretionary powers of arrest which have not been given to other citizens.
Moreover, to insulate the police from any interference in the execution of their duties, all police officers ranging from a constable to the commissioner are the servants of no one save and except the law when exercising their power of arrest. Indeed, so wide and unlimited is the power of arrest of a police officer that no minister of government can tell him that he must or must not keep the observation of the peace or that he must not arrest or prosecute this man or that one. That responsibility for law enforcement lies on him and him alone. He is, therefore, answerable to the law and the law alone. Consequently, police officers enjoy full protection from any authority in the execution of their duties and in the enforcement of the law. On the other hand, police officers enjoy no special quasi-judicial powers or state privileges and as a consequence they are liable to be sued for any unlawful exercise of their powers. In the performance of their functions, police officers are naturally exposed to the community and are accordingly expected to be manifestly impartial and to act towards them as officers of the peace.
Historical facts and empirical evidence have established that the police cannot function effectively without the co-operation of the community but for whatever reason the gap between the police and the community has been growing wider and wider, to the extent that there is now a total lack of trust and confidence of the community in the police. It is a sine qua non that the police will not be able to control crime without the aid and collaboration of informants and an efficient and effective intelligence network. However, informants come from the community and since the relationship between police and the community has been at its lowest ever, it is essential that urgent and fundamental steps be taken to bridge that gap. Community policing is clearly a dynamic concept which every country should seek to nurture, foster and develop as an enduring solution to our crime-ridden societies. As new dynamic paradigms evolve to cope with changing demographics and to influence and stimulate economic growth and development, so too there should be solutions to the corresponding increase in social disorder and physical decadence, particularly in light of the new strategies employed by criminals in the pursuit of their goals and objectives, which in today's context are fuelled by the profuse availability of drugs.
Bringing together the police and the community who regard themselves as foes towards each other would not only herald the establishment of a new bond of relationship between the police and the community predicated on trust and confidence, but would also be hailed as a revolutionary achievement in the area of crime prevention. While some efforts are being made to promote community policing, it would appear that whatever is being done may be interpreted as nothing short of a public relations exercise in lieu of a direct involvement of the community with the police. It must be borne in mind that it is the community who, through elected governments, has established a police service and it is the community constituting the State who meets the costs of the police service. It is therefore the duty of both Government and the police to work in close cooperation and collaboration with the community if the society is to be rid of crime and the avoidance of states of emergency.
Kenneth R Lalla, SC
