Worst case scenario you find yourself arrested, there are a few key things that you keep in mind. Regardless of your social station they are certain rights that you have as your liberty or freedom is taken from you. Ghetto youth or not- The rights remain the same across the board.
In order to effect an arrest
on anyone under the Constitution of Jamaica the police should have a warrant, which would indicate that the
person is wanted for a crime, or the police may have reasonable and probable
cause that the person has committed an offence and even without the warrant can
effect an arrest.
The
Charter of Fundamental Rights
and Freedoms(Constitutional Amendment) Act,
2010,
which significantly changed Chapter III
of the Constitution, confers rights that many persons do not know about so when
the rights are violated it is accepted through ignorance and many stay in jail
for longer periods than absolutely necessary.
Any person who is arrested or detained shall have the right:
(a) "to communicate with and be visited by
his spouse, partner or family member, religious counsellor and a medical
practitioner of his choice;"
The
word “and” is instructive, as relatives don’t know that they have a right to
visit their incarcerated loved one in order to ascertain their status.
Information may be difficult to get from police stations, but this should not
be. This is a right- detainees should not be begging for calls in order to
communicate with loved ones.
(b) "at the time of his arrest or detention
or as soon as is reasonably practicable, to be informed, in a language which he
understands, of the reasons for his arrest or detention;"
The
reason for being locked up, shouldn’t be a guessing game for the detainee, some
as repeatedly what the reason is and can’t receive an answer. Once detained
police may have reasonable suspicion in order to hold a person behind bars,
however some persons are kept behind jail for weeks- months and the reason for
detention changes like the wind before they are either charged or released.
(c) "where he is charged with an offence,
to be informed forthwith, in a language which he understands, of the nature of
the charge;"
English
is our first language however patois is the main tongue for many. In describing
the nature of the charge, officers should ensure the person understands,
breaking it down where necessary. It is the person’s right. Literacy is so
tricky in Jamaica. So many persons are functionally illiterate. They can spell
their name and address or they really are not familiar with many “normal” or "everyday" words and have difficulty grasping the English Language.
(d) "to communicate with and retain an Attorney-at-law."
If you
can’t afford a lawyer, Duty Counsel or a Legal Aid Lawyer should be appointed
to you. Where a Question and Answer
session is conducted by the police or the giving a Caution Statement is to be
done( where detained person gives a comprehensive statement of incident to
police) INSIST THAT A LAWYER IS PRESENT. Police Officers will use 2 JP’s as
permitted, however with no legal advice, this is a road that many regret
walking when they eventually retain counsel. What a Lawyer may object to, may
slide through in an interview without one.
The Constitution provides that a person should not be
arrested without charge for more than 24
hours, but the standard practice is 72 hours. ( It is said with so much authority that there must be precedent that I am not aware of which must trump the constitution-smh)
The waters become even more
muddy where police say a detained person is scheduled to go an ID parade- weeks
to months without charge is possible, as if an application for Habeus
Corpus (order to release the detained person who has not been charged
within a reasonable time) is made to the RM Court in lieu of the ID parade to
get release- The attorney may be told that the parade should be conducted
first. Attorneys instead of going to the RM Court may go to the Supreme Court in order to get the person released if not charged. So persons without Attorneys
sometimes fall through the cracks and are incarcerated without charge way
longer than they should be.
Chapter III of the
Constitution states that someone detained and charged should be taken before
the court without delay. It is also stipulated that the suspect shall be
released if not tried within a reasonable time.
Please note that the Charter of Rights also state that you
are entitled to
·
the right to equality before the law;
·
the right to equitable and humane treatment by
any public authority in the exercise of any function; (No box down from police is acceptable- The
Charter speaks further to the right to protection from torture, or inhuman or
degrading punishment )
·
the right to freedom from discrimination on the
ground
o
being male or female;
o
race
o
place
of origin- Tivoli vs. Beverley Hills. There should be no difference
in treatment.
o
social
class,
o
colour,
o
religion
o
political
opinions- JLP or PNP it shouldn’t matter or even NDM
I would love to include sexual orientation as those charged
with offences such as buggery, sometimes face
a warm time- as enough care may not be taken to ensure that the charge
is not made accessible to other detainees.
Earlier I indicated police must have reasonable grounds to
take a person into custody. Under the Charter please note:
No person shall be deprived of his liberty
except on reasonable grounds and in accordance with fair procedures established
by law in the following circumstances-
(a) in
consequence of his unfitness to plead to a criminal charge;
(b) in execution of the
sentence or order of a court whether in Jamaica or elsewhere, in respect of a
criminal offence of which he has been convicted;
(c) in execution of an order
of the Supreme Court or of the Court of Appeal or such other court as may be
prescribed by Parliament on the grounds of his contempt of any such court or of
another court or tribunal; The Charter of Fundamental Rights and [No.] 9
freedoms (Constitutional Amendment) Act. 20 II
(d) in execution of the order
of a court made in order to secure the fulfillment of any obligation imposed on
him by law;
(e) for the purpose of
bringing him before a court in execution of the order of a court;
(f) the arrest or detention of a person
(i) for the purpose of
bringing him before the competent legal authority on reasonable suspicion of
his having committed an offence; or
(ii) where it is reasonably
necessary to prevent his committing an offence;
(g) in the case of a person
who has not attained the age of eighteen years, for the purpose of his care and
protection;
(h) the detention of a person
(i) for the prevention of the
spreading of an infectious or contagious disease constituting a serious threat
to public health; or
(ii) suffering from mental disorder or
addicted to drugs or alcohol where necessary for his care or treatment or for the
prevention of harm to himself or others; or
(i)
the arrest or detention of a person
(i) who is not a citizen of
Jamaica, to prevent his unauthorized entry into Jamaica; or
(ii) against whom action is
being taken with a view to deportation or extradition or other lawful removal
KNOW YOUR RIGHTS!!
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