Caribbean News

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

Published

7 years ago

November 8, 2017

#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)

Caribbean News

BIRTH CERTIFICATE IN BRAILLE

Published

5 days ago

May 13, 2024

Shanieka

KINGSTON, May 8 (JIS): BY: SHERIKA HALL

For many years, members of the visually impaired community have faced significant challenges in accessing printed information, often having to rely on others for assistance.

This lack of autonomy has hindered their ability to fully participate in various aspects of society.

However, with the recent implementation of Braille birth certificates, this long-standing barrier is being removed, paving the way for a more inclusive landscape where individuals with visual impairments can navigate their own journeys with greater independence and confidence.

On May 1, 2024, Executive Director at the Jamaica Society for the Blind (JSB), Conrad Harris, was the first person to receive a copy of the freshly printed Braille document.

He expresses his elation to JIS News, describing it as a “great experience” to have a document in a format that he can easily read.

“One of the issues we have from time to time is that when we have information that is in print, we may ask somebody to read it, but the person who reads it might only read the information that they think is important and not necessarily everything in the document,” Mr. Harris explains.

This, of course, is no longer the case, as “having a Braille certificate means that I am able to go through it myself. I can easily check the spellings of names and places, which I might not be easily able to do with something that is in print,” he said.

The Braille certificate also provides an opportunity for the document to be easily identified and separated from others.

“If you need it for a particular reason, you can easily separate it from the other documents that you have versus probably having to ask somebody to look through or using some kind of technology to scan the information, which would take a little bit longer,” the Executive Director says.

Additionally, this initiative will provide an added sense of security as there are those people who generally want to keep their personal information private.

Designed in collaboration with several key stakeholders, including the Registrar General’s Department (RGD), these Braille certificates are meticulously crafted to ensure that every detail is conveyed with precision and elegance.

Each certificate, according to the Department’s former Chief Executive Officer and Deputy Keeper of Records, Charlton McFarlane, features embossed Braille text, allowing recipients to tangibly experience the pride that comes with being able to read the information for themselves.

He further shared details on why the initiative was undertaken in the first place, during an interview with JIS News.

Mr. McFarlane said that while participating in the first post-COVID Civil Registration Conference for Latin America and Caribbean countries, held in the Dominican Republic in 2022, using civil registration as the basis for inclusivity was key among the topics discussed.

“We looked at some case studies and the one that stood out to me was for a State in Mexico that offered birth certificates and other vital documents in Braille,” he said.

He even went as far back as 2008 when he was serving as a Director within the Ministry of Health.

During that time “we collaborated with members from the disabled community to produce health education material in Braille. So, with that experience, knowing what it had done and then with what I saw happening in Mexico, I got the idea that we could really produce all vital documents in Braille”.

Before embarking on the initiative, he acknowledged that he did, in fact, reach out to members of the JSB, the Combined Disabilities Association and the Jamaica Counsel for Persons with Disabilities.

“I don’t like to waste time and resources, so I reached out to them first,” Mr. McFarlane said, adding that “once I received a resounding yes, details on how to produce the certificates were shared.

“One of the things we [had to take into consideration] was having two separate documents (one with the standard print and the other in Braille), because the Braille is bulky when printed,” he noted.

This posed another challenge as not many business entities would accept the braille copy due to their inability to read the Braille text.

However, as the consultations went on, a decision was made to have the two documents intertwined into one.

“Right now, how it’s done, is the material is printed and then the Braille is embossed over it,” the former CEO said.

The introduction of Braille certificates is not just a symbolic gesture, it represents a tangible commitment that “the Government is absolutely very, very serious about inclusion for every single citizen, regardless of the level of vulnerability that may exist,” Mr. McFarlane added.

This certificate, he added, is not only for members of the visually impaired community but for all persons who would like to have their birth certificates in both print and Braille formats on one document.

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Caribbean News

Turks and Caicos Retains Championship at 28th Annual Caribbean Classic Golf Tournament

Published

5 days ago

May 13, 2024

Shanieka

Please note:

Photos by TCI Sports Commission

Providenciales, Turks and Caicos Islands – In an historic showing, the Turks and Caicos Islands Golf Association (TCIGA) dominated the 28th annual Caribbean Classic Golf Tournament, held in Casa de Campo, Dominican Republic, from April 25th to 27th, 2024. The victory marks a turning point for TCI golf, and much of the credit goes to the exceptional team of players assembled by Sean Wilson the Head Professional at the Royal Turks and Caicos Golf Course.

56 golfers, playing under the banner of the TCIGA were rewarded for their enthusiastic participation across both the Men’s and Women’s divisions.

“This back-to-back win is an indication of the growing interest and increased participation in the sport of golf in TCI,” stated TCIGA President Fraser Dods.

“We’ve been competing at this tournament since its inception almost 30 years ago, and finally bringing home the George Noon Cup two years in a row is a truly proud moment for Turks and Caicos golf.”

Clean Sweep for Team TCI

The team’s success was based on strong and determined performances in every flight and category.

The Turks and Caicos men’s team secured the Robert Grell Trophy, while the ladies claimed the Jodi Munn Barrow Trophy.

This clean sweep across all team divisions highlights the growing depth and talent within the TCI Golf Association membership.

The “Classic”organized by the Caribbean Golf Association, brings together golfers from the twelve membercountries of the CGA. The Caribbean Classic is an individual and team event, competed for by teams of unlimited number of players from each participating member country, playing eighteen holes of golf each , over 3 days.

Team Turks and Caicos amassed the most points overall and won the George Noon Cup last year, for the first time in 27 years of competing at this event. To repeat as champs is a proud moment for TCI sports in general and for TCI Golf specifically.

Individual Accolades Abound

Beyond the team triumphs, individual golfers from TCI shone brightly. Female players, namely Wendy Ayer, Christine Dickenson, Tazmaraa Gowans, and Andrea Todd, all secured podium finishes in their respective divisions

The men’s side also saw impressive performances from Justin Simons, Mark Fulford, Arthur Lightbourne, Mervin Cox, and Simon Dobbs. Their individual excellence contributed significantly to the overall team victory.

Looking Ahead: Building on Success

TCI Director of Sports Jarrett Forbes is optimistic about the future. “This win exemplifies the immense potential of golf in the Turks and Caicos,” he stated. “We encourage young islanders to take up this fantastic sport.”

Head Golf Professional at Royal Turks and Caicos Golf Club, Sean Wilson, echoed the sentiment. “This is a monumental achievement for TCI golf,” he said. “Bringing home trophies in all three divisions is a testament to the hard work and dedication of the TCIGA and its players.”

The Caribbean Classic second victory creates a new legacy for golf in the Turks and Caicos Islands.

The TCIGA is administrated by a golf-loving volunteer executive comprised of Fraser Dods, Mark Fulford (VP), Denise Douglas (Secretary), Paul Murray (Treasurer), Andrea Todd and Roberto Stipa.Through their collective efforts, and the growing participation of TCI golfers, the future looks bright for this sport in the region.

The Caribbean Classic is one of the highlights of the Caribbean Golf calendar. Organized by the Caribbean Golf Association, it allows participation of amateurs from 12 countries, including the Turks and Caicos, Puerto Rico, Guadalupe, the Bahamas, Jamaica, Trinidad and Tobago, Dominican Republic, Barbados, the Cayman Islands, Martinique, St Lucia, and USVI.”

Caribbean News

GRACE BAY BEACH RANKED AMONG TOP BEACHES IN THE WORLD’S 50 BEST BEACHES

Published

6 days ago

May 13, 2024

Shanieka

PROVIDENCIALES, TURKS AND CAICOS ISLANDS (May 3rd, 2024) The Turks and Caicos Islands’ Grace Bay Beach has once again been recognised among the top beaches in the world.

The World’s 50 Best Beaches has listed Grace Bay Beach among the top beaches in the world.

Grace Bay Beach, located on the island of Providenciales was listed at number 17 on the annual list.

The World’s 50 Best Beaches list, sponsored by Banana Boat, is a collaboration with over 1,000 of the world’s leading travel influencers and professionals.

The World’s 50 Best Beaches 2024 is a reflection of the opinions and experiences of top travel influencers and professionals around the world. The beaches were ranked according to eight important criteria: unique characteristics, wildlife, untouched, soundtrack of nature, easy to enter the water, often calm water, not too crowded and frequency of idyllic conditions.

Grace Bay Beach also featured among the top 20 in the 2023 World’s 50 Best Beaches list.

This is the latest accolade for Grace Bay Beach this year. Known for its powdery white sand and breathtakingly turquoise blue water, the famous beach was adjudged the number one Caribbean beach in February in Tripadvisor’s® Travelers’ Choice® Awards and Best of the Best for 2024, ranking number five among the Top 25 Best of the Best Beaches in the world.

In January 2024, Grace Bay was recognised as the #9 Best Beach in the Caribbean in the 10Best Reader’s Choice with Bambarra Beach in Middle Caicos ranked at #2.

Minister of Tourism, the Honourable Josephine Connolly said she is proud of the continued recognition of the leading beach in the Turks and Caicos Islands.

“As a destination that prioritises sustainable development and environmental preservation, the fact that Grace Bay Beach features consistently as one of the top beaches in the world stands as a testament to our commitment to stay “Beautiful by Nature”. I urge visitors to come to the Turks and Caicos Islands to experience this and many other of our beautiful beaches across the Turks and Caicos Islands,” said the Minister.

Tine Holst, Co-Founder of The World’s 50 Best Beaches, said the list is meant to inspire travellers.

She said: “Our 2024 list is a reflection of the countless days spent by our judges, Beach Ambassadors and World’s 50 Best team discovering beaches around the world. The list will help inspire travelers to leave the beaten path behind and enjoy the most stunning and relaxing beaches on earth”.

Read World’s 50 Best Beaches description of Grace Bay Beach here.

About the Turks and Caicos Islands

The Turks and Caicos Islands is made up of two groups of islands in the Lucayan Archipelago: The larger Caicos Islands and the smaller Turks Islands, thus the name. It is home to the best beaches in the world with majestic white sand and crystal-clear turquoise waters. Each island and cay are a destination of its own. Providenciales is home to world-renowned Grace Bay Beach, luxury hotels, resorts, villas, spas and restaurants. Grand Turk is ‘home away from home’ for our cruise passengers, and our sister islands are the gateway to nature, exploration, and culture. Considered the world’s best-kept secret, TCI is an effortless escape – with an ease of connectivity through direct flights from major cities in the United States, Canada, and the United Kingdom.

CONTACT: Laura Dowrich Email: ldowrich@myexperiencetci.com