Trinidad and Tobago Imposes Sweeping Powers Under New SoE

Emergency Powers Expand Police Authority Under New SoE

Trinidad and Tobago is once again under a State of Emergency, with the Emergency Powers Regulations, 2026, Legal Notice No. 40 of 2026, now in effect.

Although no curfew has been imposed at this time, the new regulations grant sweeping powers to law enforcement and Government officials—powers that could significantly impact social media activity, public gatherings, searches, detention and bail.

Social Media and Public Speech in Focus

The regulations do not specifically reference social media. However, they make it an offence to endeavour—“orally or otherwise”—to influence public opinion in a manner likely to be prejudicial to public safety. This broad wording could extend to online posts, videos, voice notes and shared messages.

It is also an offence to possess any article with the intent of making or facilitating such an endeavour. An “article” could include a mobile phone, computer or other electronic device.

The Commissioner of Police is empowered to impose restrictions on a person’s association or communication with others. The President may also issue Orders authorising the search of computers and electronic devices seized by police.

Protests and Gatherings Could Be Affected

While the word “protest” does not appear in the regulations, the powers granted can directly affect demonstrations and public assemblies.

The Commissioner may restrict a person’s association with others, require individuals to leave specific locations, or prohibit entry into designated areas. Any site can be declared a “protected place,” making unauthorised entry an offence. Police may search or remove persons found there.

Speeches or organised efforts during public gatherings could also fall under the offence of influencing public opinion in a manner deemed prejudicial to public safety.

Warrantless Searches and Arrest Powers

Police officers now have expanded authority to act without a warrant.

An officer may enter and search premises if there is suspicion that evidence of an offence under the regulations may be found. Force may be used if necessary to gain entry.

Police may also stop and search individuals, vehicles and vessels, whether in public or private spaces. Arrests can be made without a warrant if an officer suspects a person has acted, is acting, or is about to act in a manner prejudicial to public safety.

Drivers are required to stop when directed by a uniformed officer. Members of the Defence Force may also be called out to assist police and will have the same powers while performing those duties.

Detention, Bail and Penalties

The Minister has the authority to order preventive detention to stop a person from acting in a manner considered prejudicial to public safety. Detainees can be held at locations and under conditions directed by the Minister.

Persons detained under the regulations—or charged with offences where there is concern they may incite breaches of the peace—can be denied bail. In such cases, the writ of habeas corpus does not apply, and judges are unable to grant bail.

Offences under the regulations carry a fine of up to $100,000 and imprisonment for up to five years.

Curfew Framework in Place

There is currently no curfew. However, the Commissioner of Police is authorised to prohibit persons from being outdoors during specified hours if deemed necessary.

If implemented, individuals would require a written permit to be outside during curfew hours. The Commissioner may also require persons to notify a designated authority of their movements at certain times.

The regulations took effect upon publication and will remain in force for the duration of the State of Emergency unless amended or revoked.

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