A motion calling for legislative changes to the Independent Commission of Investigations (INDECOM) Act, to strengthen the investigative capabilities of the organisation, was tabled in the House of Representatives by Justice Minister Delroy Chuck this week.

“The courts were asked to decide whether the officers of INDECOM possess the powers of a constable and the power to prosecute, firstly at the Supreme Court level and upon appeal through to the Privy Council,” Chuck added.

He explained that the recommended legislative changes were halted, first, pending the Court of Appeal decision and then pending the Privy Council's decision.

“The judgement of the Privy Council in the matter of commissioner of the Independent Commission of Investigations versus the Police Federation and others [2020] … was delivered on May 4, 2020 and, among other things, indicated that the officers of INDECOM do not possess the power to prosecute,” Chuck said.

Chuck further called on the Lower House to consider the report in light of the recent Privy Council decision and the institutional strengthening of the office of the DPP, with a view to adopt such recommendations in the report, as it sees fit.