Independent Jamaican Council for Human Rights (IJCHR)

Published by:  The Independent Jamaican Council for Human Rights (1998) Ltd.
131 Tower Street, Kingston, Jamaica, W.I.
 

THE POLICE POWERS:

1. Without a warrant to arrest you . . .

(a) if you have committed or there are reasonable grounds to suspect that you have committed, or are about to commit a felony, e.g. – murder, burglary, larceny, rape, wounding with intent to cause serious injury.

(b) if you have committed a dangerous breach of the peace.

(c) for a road traffic offence if the officer is in uniform or shows you his authority but only if you do not give your name or address or show your driver's licence.

(d) for certain minor offences if they have seen you committing the offence, or you have been seen committing the offence by any other person whose word can be believed.

. . .  and to search you once you have been arrested.

2. With a warrant to arrest or search you or your vehicle or premises in connection with reasonable suspicion that you have committed any of several offences.

3. They also have the following powers of search:

(a)(I) To take you before a J.P. and search you if they suspect that you have ganja or any illegal drug on your person, and arrest
 

IF YOU ARE ARRESTED, YOU ARE ADVISED

1.  To insist on telephoning an Attorney-at-Law, a friend or relative.

2.  To make not statement other than to give you name and address, if asked.

3.  Not without legal advice to discuss the matter with which you are charged.

4. To request that any property taken from you is packaged and sealed in your presence and if there are several items that a list be made and a copy given to you.

5. To be courteous and polite to all members of the security forces.

6. When taken to a Police Station, to ask the Officer in charge for bail; and if he refuses, to request that you be taken immediately before a Justice of the Peace or the Court.

7. If beaten or ill-treated, to consult a doctor immediately or at the earliest opportunity.

8. Not to make or sign any written statement unless you wish to do so and you are sure that the statement has only what you wish to say.

9. Not to make or sign any statement because of any promise or threat, or so as to avoid being beaten up, by the police or anyone else.

The United Nations General Assembly, at its 34th session (1979) adopted a Code of Conduct for Law Enforcement Officials. The Assembly, in its preamble to the Resolution on this Code, pointed out that law enforcement officials are part of the criminal justice system, and are representative of and responsible to the community as a whole.

The Assembly also recognized that while law enforcement officials made every effort to uphold the rights and dignity of each citizen, the nature of their work had an inherent potential for abuse. The Assembly further stated that the standards out in the Code would be best accepted if they were incorporated in the education and training as well as in the process of monitoring of law enforcement officials.

"In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons." (Article 2).

"No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or cruel, inhuman or degrading treatment or punishment." (Article 5).