Dear Editor, I write in response to a social media post on 9 June 2025 by the Cook Islands Police Service, noting that five individuals were taken off the road and remanded into prison for failing breathalyser tests.

As a member of this community, I acknowledge and fully support the role police play in promoting road safety and addressing the risks associated with drink driving. These efforts are essential to protecting the public. However, as a criminal lawyer, I believe it is equally important that these efforts are carried out according to the law and in a manner that respects an individual’s rights under the Constitution.

Section 47(3) of the Police Act 2012 (the PA) provides that every person who is arrested and is not released must be brought before a court as soon as possible. If it is not possible, section 51 of the PA provides that a person may then be released (bailed) by the Police. In making the decision to either imprison or bail, Police must consider whether there is a risk that the person may fail to appear in court, interfere with witnesses or reoffend, or are a danger to themselves or others due to their intoxication. If these risks are not present, there is limited legal basis for continued imprisonment.

Through my work, I have encountered several cases where individuals were held in prison for drink driving offences, without clear justification provided and, in some cases, without being advised of their right to consult a lawyer. I have raised these issues previously with Police, but to date, I have not seen a consistent change in approach. The right to legal advice and the right not to be arbitrarily detained are fundamental constitutional protections that apply to everyone, regardless of the offence alleged.

I raise these concerns not to detract from the importance of road safety enforcement, but to emphasise the need for such enforcement to operate within a clear, fair, and lawful framework.

I respectfully encourage police leadership to take this opportunity to review current practices and ensure that decisions relating to arrest, bail, and detention are consistently made in accordance with both the law and the constitutional rights of individuals.

Accountability and transparency must apply to those who enforce the law, just as they do to those who are subject to it.

Jamie Crawford,

Lawyer,

Matysik & Marshall P.C.