Judge orders cops to provide more info on an accused’s criminal record

The police will now be required to provide more detailed information on accused persons’ criminal records when they apply for bail.

High Court Judge Trevor Jones introduced the requirement as he strongly criticised the current procedure under which citizens’ criminal records are updated.

Justice Jones issued the criticism earlier this week as he ruled on a bail application brought by Kent Thomas, of Gasparillo, after he was charged with kidnapping and other offences in 2022.

Responding to Thomas’ application in September last year, prosecutors objected to bail as they presented his criminal record of pending cases and convictions prepared by the T&T Police Service’s (TTPS) Criminal Records Office (CRO).

While the record stated that Thomas had nine cases that were determined in his favour, one conviction, and 15 pending matters, his lawyer Ives Jacques Nicholson claimed that eight of the pending matters were also dismissed.

Justice Jones was called upon to determine how to treat the contested information and to ensure that the court was provided with accurate information.

Noting that accused people would usually be required to provide court extracts to buttress their claims, Jones suggested that such action was inappropriate as he recommended its discontinuance.

“If applicants are effectively being compelled to furnish evidence of their innocence as a prerequisite for other legal or administrative actions, this could be viewed as an unfair imposition, potentially violating the principles of justice,” Justice Jones said.

In analysing the current record procedure, Justice Jones noted that records, which are entered when a person is charged, are only updated when the CRO is provided information at the end of a case by prosecutors and police officers, who laid the charges.

“In many instances, the accuracy of records maintained by the police depends significantly on the diligence of police officers in providing timely and precise information to the CRO, which acts as a data collection agency after the procedure for ‘booking’ an accused person is finalised,” he said.

“What is even more troubling is the apparent absence of an auditing mechanism, which is essential for maintaining trust in the system, especially given the potential for human error,” he added.

Justice Jones pointed out that the CRO had a duty to provide accurate records.

“The Court recognises that inaccuracies in records from the CRO are a recurring issue, creating dilemmas such as having to disregard portions of the record or postponing bail decisions until the information is verified,” he said.

Stating that the current system is unreliable and undermines the court’s trust in it, Justice Jones expressed hope that his judgment would inspire reform.

“One intent behind this judgment is to encourage the TTPS to approach the Court’s decision with an open mind, embracing constructive criticism for the betterment of their processes,” he said.

As part of his judgment, he ordered the CRO to provide a detailed account of the checks that are made whenever they are called upon to do so for a bail application.

He ordered that his decision be sent to the Police Commissioner so that it could be shared with the CRO.

“It is unfortunate that a court order is necessary to rectify the situation, but courts play a crucial role in the separation of powers, serving as a check and balance to ensure that other branches of government exercise their powers responsibly, especially when those powers directly impact fundamental constitutional rights,” he said.

The Office of the Director of Public Prosecutions was represented by Astrea Stoute.

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