Guyana: AG Warns Police Against Illegal Traffic Detentions

Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, has addressed concerns regarding the conduct of police officers in Guyana, specifically related to traffic enforcement. During his weekly public accountability program, Issues in the News, Nandlall emphasized that police officers do not have the legal authority to detain drivers, seize vehicles, or confiscate driver’s licenses for common, ticketable traffic offenses.

Nandlall’s comments come in response to numerous complaints from citizens about unlawful detentions by traffic ranks. He clarified that officers who bypass the established ticketing framework and subject drivers to arbitrary detentions are violating constitutional rights and could face personal lawsuits for civil damages.

“Any police officer who, instead of issuing a ticket for any of these offenses, detains any person or detains their property—their motor vehicle—that policeman is liable to be sued,” Nandlall stated. He highlighted the importance of adhering to the statutory purpose of introducing ticketed offenses, which is to streamline roadside stops and protect citizens from arbitrary state power.

The Attorney General explained that when a police officer detects a standard ticketable infraction, such as failing to wear a seatbelt or minor speeding, their role is limited to issuing a ticket and allowing the motorist to continue. He reiterated that the law does not permit officers to seize a driver’s license or other documents as leverage to compel them to go to a police station.

Nandlall noted that officers could be held liable for false imprisonment, wrongful arrest, and other civil wrongs. His intervention aims to promote legal compliance and professionalism within the national traffic management system, especially as the Ministry of Home Affairs implements digital e-ticketing to modernize traffic enforcement.

Source: hgptv.com