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JAMAICA: Know your rights, what to do if you’re arrested

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#Jamaica, November 8, 2017 – Kingston – Head of the Corporate Communications Unit of the Jamaica Constabulary Force (JCF), Superintendent Stephanie Lindsay, is encouraging Jamaicans to know their rights and the correct protocol for arrest under the law.

Speaking with JIS News, Ms. Lindsay states that the police may carry out an arrest for different reasons, such as to prevent an offence, to prevent the continuation of an offence and to prevent escape.   She says that regardless of the circumstances leading to an arrest, the basic rights of the individual should be observed at all times during the process.

“The police officer will carry out an arrest in three main ways… on view, which is when you detect an offence taking place… on information from a third party, that is, when someone comes to the police station and makes a report.   There is an investigation and (an) arrest is made based on the information provided.  We also conduct Arrest on Warrant,” Superintendent Lindsay explains.

Under Section 15 of the Constabulary Force Act, it is lawful for any Constable, without warrant, to apprehend any person found committing any offence punishable upon indictment or summary conviction, and to take him before a Justice to enquire into the circumstance of the alleged offence.   The law also provides for the persons to be committed to the nearest jail, prison or lock-up to be dealt with, or to grant the person bail in accordance with the Bail Act.

Ms. Lindsay states that in a normal arrest procedure, the officer identifies himself or herself to the individual and informs the person of the offence for which he or she is being arrested and charged. The officer then restrains and cautions the individual.

An essential aspect of the arrest is the ‘caution’, which notifies the offender of his/her rights during the process, particularly the right to remain silent, as anything said will be taken down in writing and used as evidence in court.   Following the caution, the police should then escort the detainee to the station.   Here, it is determined whether the person is eligible to be granted bail at the station level, or is to be remanded in custody for the matter to be brought before a Magistrate to grant or deny the bail application.

Ms. Lindsay also advises persons to carry proper identification (driver’s licence, passport, voter’s ID) when going to the station.

“If you don’t have proper identification when you are taken to the police station, you can’t get bail (because) you cannot be properly identified.   So it is important that you have some kind of proper identification.   If you don’t have it on your person, then you will be required to ask someone to bring some form of identification,” she says.

If, however, the person refuses or is unable to give the security (money or property) required as a condition for bail, it is lawful for the officer or sub-officer to detain the person in custody until such person can be brought before a Justice and dealt with in like manner, as is directed in the case of someone apprehended under the Act without warrant.   For persons with special needs, such as a medical condition, provision should be made, as these persons have a right to medical care.

Other rights include the right to meals for the duration of confinement, as well as the right to a safe environment, to the extent that the person is to be protected from harm and injury while in police custody. This is particularly important in the case of persons with mental illness.

“We have to ensure that they are separated from the other prisoners, so that they are not put in a situation where they are vulnerable or cause harm to the other detainees,” Ms. Lindsay states.

Once at the police station, the remanded person is entitled to a phone call to notify someone of the arrest.

Ms. Lindsay explains that more than one phone call is permissible to ensure that someone is notified of the person’s arrest and for the person to make arrangements for legal counsel and for the care of dependents.

Where a minor is present at the point of arrest, the offender is allowed to call someone to take custody of the child. If there is no one, the police will then contact the Child Development Agency (CDA) to make arrangements for the child to be placed in State care until the person is granted bail, at which time they can retrieve the child.

Meanwhile the Head of the Corporate Communications Unit says that arrested persons are also entitled to legal representation, and if a detainee cannot afford a lawyer, the government provides representation through the Legal Aid Council.

“Once a person indicates that they cannot afford a lawyer, then the police will make contact with [an] attorney.   Usually, you will find that attorneys are assigned to different parts of the island.   The police will have a list of persons who are approved legal counsels … and you make arrangements for one of them to come in and represent the person who is being charged,” she explains.    Also, the person should be interviewed in the presence of his/her attorney so that there is legal guidance throughout the process.

Additionally, where a child is in conflict with the law and has to be placed under arrest, the child should be told at the time of arrest in plain, simple, child-friendly language the reason for the detention.   Additionally, the child’s parents or guardians should be immediately notified by the police of the arrest and the reason for the arrest.

The police are not permitted to question the child without legal representation.   The Office of the Children’s Advocate (OCA) or Duty Counsel on the Legal Aid List is to be immediately contacted by the police where a child suspect is arrested and does not have legal representation.   A child who is not charged within 24 hours of being arrested or detained, should be released into the care of the parents or guardians.

As it relates to bail application, depending on the gravity and nature of the charge, the detainee is entitled to bail.   Bail can be granted at the station level for minor offences, or on the likelihood of the individual appearing before a court for a trial.

Section 25 of the Act states that the officer or sub-officer in charge of the police station or lock-up shall grant bail to that person in accordance with the Bail Act, unless the person has been taken into custody on a charge of murder, treason or treason felony.

The officer is charged with ensuring that the dignity of the detainee is maintained throughout the process (no draping or dragging of the individual).   As far as is practicable, handcuffs must be used on males and violent females.   Just as the police officer is guided by certain responsibilities in the arrest procedure, so too the individual that is being arrested must observe certain protocols.

Ms. Lindsay advises persons to cooperate with the justice officials.

“Once you are approached by the police and informed that you will be arrested, and you are notified of the offence, we want persons to cooperate with the police and not try to resist, because that could lead to an additional charge of resisting arrest.   Don’t fight the police, because that could lead to another charge of assaulting the police. So we advise persons to cooperate with the (arrest) process,” she advises.

If during arrest an individual feels his/her rights have been violated, there are several avenues for redress.

On the advice of their attorney, civil action can be taken against the police and the Government to prove that the individual’s rights were violated by the police officers acting on behalf of the State.

Persons can also make a formal complaint and document the incident with the Police Complaints Department in the Inspectorate of the Constabulary Force. Complaints can also be lodged with the Independent Commission of Investigations (INDECOM).

Persons can also contact the Independent Jamaica Council for Human Rights, Jamaicans for Justice or the Office of the Public Defender for redress.

By: Rochelle Williams (JIS)

 

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Caribbean News

Pres Ali declares three days of national mourning following MV Barima tragedy July 21, 2026

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His Excellency Dr Mohamed Irfaan Ali has declared three days of national mourning following the tragic loss of lives in the M.V. Barima incident, as the nation continues to grieve alongside the families and communities affected.

The period of national mourning will be observed from Wednesday, July 22, through Friday, July 24, 2026, in honour of the victims of the tragedy. During this time, the National Flag will be flown at half-mast on all Government buildings and other appropriate locations across the country.

As part of the observances, Wednesday, July 22, has been designated a National Day of Prayer. A National Day of Prayer and Remembrance will be held at the Kingston Seawall in Georgetown, bringing together citizens in solidarity to honour the lives lost and offer support to grieving families.

The programme of remembrance will continue with a Night of Reflection and Prayer in Port Kaituma on Thursday, July 23, followed by another observance in Mabaruma on Friday, July 24.

The government is also encouraging religious organisations, civic groups and citizens throughout Guyana to organise candlelight vigils and moments of prayer during the three days as the nation collectively reflects on the tragedy and pays tribute to the victims. The declaration of national mourning underscores the government’s commitment to standing with the bereaved families and affected communities as Guyana mourns one of the country’s most heartbreaking maritime tragedies.

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Bahamas News

CARICOM Targets Affordability as Bahamas, TCI Continue to Feel the Pinch  

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By Deandrea Hamilton

 

Cheaper shipping. Lower energy costs. Better access to healthcare. Stronger consumer protections.

Those are among the measures CARICOM Heads of Government believe could finally begin reducing the stubbornly high cost of living for millions of people across the Caribbean.

Meeting in Saint Lucia, regional leaders agreed that making life more affordable must become one of the Community’s highest priorities. Their emerging strategy includes reducing freight costs through a regional ferry service, accelerating renewable energy projects to lessen dependence on imported fuel, expanding regional healthcare partnerships, strengthening consumer protection, and encouraging governments to adopt successful cost-of-living measures already being implemented across the Caribbean.

“Our discussions over the past four days were guided by one central objective – ensuring that CARICOM delivers results that people can see and feel in their everyday lives,” CARICOM Chairman and Saint Lucia Prime Minister Philip J. Pierre said.

Few places may welcome that relief more than The Bahamas and the Turks and Caicos Islands.

Although inflation has moderated in both countries from the sharp increases experienced following the pandemic, the cost of living remains stubbornly high. Families continue to complain about grocery bills that stretch household budgets, rising housing costs, expensive electricity, healthcare expenses and fuel prices that remain among the highest in the region.

Governments have responded.

In The Bahamas, successive reductions in Value Added Tax on selected goods and other targeted tax measures have sought to ease pressure on consumers. In the Turks and Caicos Islands, the Government this weekend opens applications for its $500 Cost of Living Relief Programme, acknowledging that many households continue to struggle despite the country’s economic success.

Yet affordability remains elusive.

The contradiction is difficult to ignore.

The Turks and Caicos Islands continues to post one of the region’s strongest tourism-driven economies, with robust investment, record visitor spending and sustained construction activity. The Bahamas has also strengthened its economic position, earning improved sovereign credit ratings as tourism, government revenues and fiscal performance continue to recover.

Yet those encouraging economic indicators have not translated into noticeably lower household expenses.

The reason is largely structural.

Both The Bahamas and the Turks and Caicos Islands produce relatively little of what they consume. Food, fuel, medicines, vehicles, building materials and countless household essentials are imported. Both countries also record significant trade deficits, illustrating their dependence on overseas suppliers. Every increase in global shipping costs, fuel prices or supply chain disruptions is eventually reflected in supermarket prices, utility bills and the cost of everyday living.

That is why CARICOM’s agenda matters.

If regional leaders succeed in lowering freight costs through an inter-island ferry network, expanding renewable energy, improving regional cargo movement, strengthening consumer protections and making healthcare more accessible through cooperation, the benefits could extend far beyond government balance sheets.

For Bahamians and Turks and Caicos Islanders, success will not be measured by another tourism record or another credit rating upgrade. It will be measured at the supermarket checkout, on the monthly electricity bill, at the gas pump and in the simple ability to afford a better quality of life.

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Caribbean News

From Pathways to Investment: Tackling the US $6 Billion Food Challenge for the Caribbean

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By Kenroy Roach

The Caribbean’s food systems challenge is fast evolving into a broader development challenge.

Despite decades of policy attention and investment, the region remains one of the most food import-dependent in the world, spending over US$6 billion annually. At the same time, countries continue to grapple with food insecurity, high rates of diet-related non-communicable diseases, climate vulnerability, and exposure to external shocks that can disrupt supply chains and drive up food prices almost overnight.

For Small Island Developing States (SIDS), food security has shifted from an agriculture focus alone, it’s about economic resilience, health, climate resilience and sustainable growth.

Recognizing this reality, Caribbean governments have elevated food systems transformation as a regional priority through the CARICOM 25 x 25 Plus Five Agenda, which seeks to reduce food import dependence while strengthening domestic production, regional trade, and resilience. Across Barbados and the Eastern Caribbean, governments have also developed National Food Systems Pathways that identify the investments, partnerships, and policy reforms needed to transform food systems and accelerate progress toward the Sustainable Development Goals (SDGs).

Yet one challenge has remained persistent: financing.

In the face of high levels of public debt and limited fiscal space, while public investment remains critical, Caribbean governments simply cannot shoulder the financing burden alone. Transforming food systems at scale requires mobilizing far greater private capital, alongside development finance and public resources.

This was the rationale behind the recent convened in Barbados.

The Forum brought together governments, investors, international financial institutions, private sector leaders, regional organizations, and the United Nations around a simple proposition: food systems should be viewed not only as a development priority, but also as an investable asset class.

A distinguishing feature of the innovative gathering was its focus on attracting private investment—particularly private equity, impact investment, and blended finance solutions capable of supporting businesses and infrastructure across food value chains. By helping enterprises access growth capital and connecting investors with scalable opportunities, the initiative sought to unlock financing that complements public investment rather than adding to already constrained public balance sheets.

A key outcome was the launch of a regional Deal Book comprising approximately US$320 million in investment opportunities across seven countries, spanning agriculture, fisheries, agro-processing, logistics, and strategic food systems infrastructure. The Deal Book created a practical bridge between capital seeking opportunities and opportunities seeking capital, while enabling direct engagement between governments, enterprises, and investors.

The results were encouraging.

Across four sector-focused deal rooms, participants explored investment-ready and near-investment-ready opportunities and discussed blended finance private equity, risk-sharing, and partnerships to advance projects toward implementation.

The Forum highlighted a shift in perspective: food systems are now seen as strategic drivers of economic diversification, resilience, competitiveness, and growth. Investments across production, processing, logistics, and distribution can strengthen regional supply chains, create new businesses, generate jobs, and reduce vulnerability to external shocks.

For the United Nations, this experience reinforced an important lesson.

Transforming food systems requires more than the technical expertise of individual agencies. It requires integrated solutions that connect agriculture, nutrition, health, climate resilience, trade, private sector development, and financing.

This is where the Resident Coordinator System plays a critical role.

Across Barbados and the Eastern Caribbean, the Resident Coordinator Office has united UN system capabilities around a common food systems agenda. Working with FAO, WFP, the UN Food Systems Coordination Hub, and other partners, the RCO has helped align policy support, technical expertise, partnerships, and financing with nationally identified priorities.

The Forum demonstrated this integrated approach by convening governments, investors, development finance institutions, private sector actors, and UN agencies around a common objective. It showcased the UN’s comparative advantage as a trusted broker capable of connecting development priorities with investment opportunities.

The Forum’s success will be measured not by dialogue generated, but by investments mobilized, businesses expanded, and progress made toward resilient, competitive Caribbean food systems across the Caribbean.

Its most important outcome may therefore be what comes next.

The work starts now.

Kenroy Roach is Head of the UN Resident Coordinator Office for Barbados and the Eastern Caribbean

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