Connect with us

Caribbean News

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

Published

on

#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)

 

Continue Reading

Caribbean News

Seven Days. Seven Nations. One Storm — Hurricane Melissa

Published

on

A week of wind, water, and heartbreak

 

From Haiti’s hillsides to Bermuda’s reefs, seven Caribbean nations have been battered, bruised, and forever marked by Hurricane Melissa — a storm that tested not only the region’s infrastructure but its unshakable spirit of unity.

Saturday–Sunday, October 25–26 – The First Strike: Hispaniola

Before the storm even earned its name, torrential rain and flash floods swept across Haiti and the Dominican Republic, claiming lives and tearing through rural communities.

In southern Haiti, rivers burst their banks, swallowing roads and homes; 23 people were confirmed dead by Sunday evening. Across the border, one death was reported in the Dominican Republic as swollen rivers cut off villages in Barahona and Pedernales.

By nightfall, the tropical system had strengthened — and the Caribbean knew it was facing something historic.

Monday, October 27 – Evacuations and Airlifts

In The Bahamas, Prime Minister Philip Davis issued a mandatory evacuation for the MICAL Islands — Mayaguana, Inagua, Crooked Island, Acklins, Long Cay, and Ragged Island.

Bahamasair added extra flights as the nation braced for what forecasters warned could become the strongest storm in nearly two decades.

Meanwhile, Jamaica, Turks & Caicos, and Cuba activated their national emergency operations centers.

Tuesday, October 28 – Jamaica and Haiti Hit Hard

By afternoon, Hurricane Melissa made landfall near St Elizabeth, Jamaica, as a Category 5 hurricane — winds of 185 mph, central pressure 892 mb, the lowest ever recorded so close to the island.

Roads collapsed, bridges washed away, and Black River Hospital lost its roof. Power failed for 72 percent of the island.

BOJ TV footage shows split asphalt, sparking lines, and flooded communities abandoned for safety.

Initially four were reported dead, that grew to seven deaths and heavy damage in 170 communities; Andrew Holness, Jamaican Prime Minister calling it “a national test of resilience.”

Haiti, still recovering from the weekend’s flooding, was hit again as outer bands dumped more rain on Les Cayes and Jacmel, deepening the humanitarian crisis.

Wednesday, October 29 – Crossing to Cuba

Weakened slightly to Category 4 (145 mph), Melissa tracked north-northeast at 8 mph, hammering eastern Cuba with hurricane-force winds

and mudslides. Over 15 000 people were evacuated from Santiago de Cuba and Holguín.

In Turks & Caicos, the Regiment deployed to Grand Turk, Salt Cay, South, North and Middle Caicos, preparing shelters and securing public buildings.

Thursday, October 30 – The Bahamas and the All Clear

Melissa’s speed increased, sparing the northern Caribbean its worst.

The Bahamas Airport Authority closed 13 airports from Mayaguana to Exuma International; none reported casualties, though infrastructure suffered.

In Turks & Caicos, the all-clear came early Thursday after minimal impact.  Premier Washington Misick expressed gratitude and pledged support for neighbors:

“We must act — not only with words, but with compassion and deeds.”

Friday, October 31 – Counting the Cost

By Friday, Melissa had weakened to Category 3 (120 mph) north of Cuba.

The Bahamas Department of Meteorology issued its final alert, lifting warnings for the southern islands.

Regional toll:

  • Haiti: 23 dead, thousands displaced.
  • Jamaica: 7 dead, 170 communities damaged; 72% without electricity
  • Cuba: 2 dead, 15, 000 evacuated.
  • Dominican Republic: 1 dead, flooding in southwest.
  • Bahamas: 0 dead, minor infrastructure damage and flooding in southeast.
  • Turks & Caicos: minimal to no impact.

Relief and Reconnection

The Cayman Islands became the first government to touch down in Jamaica post-storm. Premier Juliana O’Connor-Connolly led a contingent bringing a plane-load of essentials and pledged US $1.2 million in aid.

Reggae icon Shaggy arrived on a private jet with friends, delivering food, medical kits, and hygiene supplies.

Meanwhile, Starlink and FLOW Jamaica activated emergency satellite internet across Jamaica providing free connectivity through November.

From overseas, U.S. President Donald Trump, speaking during his Asia tour, announced that American search-and-rescue teams and disaster aid will support the region.

“They can depend on U.S. assistance as they recover from this historic storm,” he said.

Faith, Funds, and False Websites

The Government of Jamaica and the Sandals Foundation have both launched verified donation portals for recovery. Officials are warning against fake crowdfunding pages posing as relief sites and urging donors to use only official channels.

A Seventh Nation in the Crosshairs – Bermuda

As Hurricane Melissa left the Caribbean basin, Bermuda found itself next in line.

Forecasts indicated the storm would pass just west of the island late Thursday into Friday, likely as a Category 1 to 2 hurricane with sustained winds near 105 mph.

Though far weaker than when it ravaged Jamaica, officials issued a hurricane warning, urging residents to secure property and expect tropical-storm conditions.

By all appearances Bermuda is heeding the warnings

The Human Response

Across the Caribbean, solidarity surged.

The Global Empowerment Mission (GEM) in Miami began airlifting relief supplies, while churches, civic groups, and businesses in The Bahamas and Turks & Caicos organized drives for displaced families.

“Your dedication gave our islands the strength to face the storm,” Premier Misick said. “Together, as one Caribbean family, we will rise stronger.”

Resilience in the Wake

Melissa’s winds may have faded, but her impact endures. Engineers are inspecting bridges, hillsides, and water systems; volunteers are clearing debris and distributing aid in communities still cut off.

From Haiti’s ravaged river valleys to Jamaica’s sugar towns, from Cuba’s eastern hills to The Bahamas’ salt ponds and Bermuda’s reefs, the region once again stands at the crossroads of ruin and renewal — and leans, as always, toward hope and a faithful God

Continue Reading

Caribbean News

Haitian Pushback Halts Controversial Constitution Rewrite — What’s Next?

Published

on

Deandrea Hamilton | Editor

 

Haitian media, legal scholars and civic voices did what bullets and barricades couldn’t: they stopped a sweeping constitutional overhaul widely branded as anti-democratic.  Editorials and analyses tore into proposals to abolish the Senate, scrap the prime minister, shift to one-round presidential elections, expand presidential power, and open high office to dual-nationals—a package critics said would hard-wire dominance into the executive at a moment of near-lawless insecurity.

The Venice Commission—Europe’s top constitutional advisory body—didn’t mince words either. In a formal opinion requested by Haiti’s provisional electoral authorities, it pressed for clear legal safeguards and credible conditions before any referendum, including measures to prevent gang interference in the electoral process—an implicit rebuke of pushing a foundational rewrite amid a security collapse.

Facing that drumbeat, Haiti’s Transitional Presidential Council has now formally ended the constitutional-reform initiative. The decision, taken at a Council of Ministers meeting at the National Palace, effectively aborts the rewrite track that has haunted Haiti since the Moïse and Henry eras.

So what now? Per the Miami Herald, the pivot is back to basics: security first, elections next. That means stabilizing Port-au-Prince enough to run a vote, rebuilding the electoral timetable, and empowering the provisional electoral machinery—none of which is simple when gangs control vast chunks of the capital and state authority remains fragile. Recent headlines underline the risk: gunfire has disrupted top-level government meetings, a visceral reminder that constitutional theory means little without territorial control.

Bottom line: Haitian journalists and public intellectuals helped slam the brakes on a high-stakes centralization of power that lacked legitimacy and safe conditions. International constitutional experts added weight, and the transition authorities finally conceded reality. Now the fight shifts to making an election possible—clean rolls, secure polling, and credible oversight—under circumstances that are still hostile to democracy. If the state can’t guarantee basic safety, any ballot is theater. If it can, shelving the rewrite may prove the first real step back toward consent of the governed.

Continue Reading

Caribbean News

Political Theatre? Caribbean Parliamentarians Walk Out on House Speaker

Published

on

By Deandrea Hamilton | Magnetic Media

 

October 14, 2025 – It’s being called political theatre — but for citizens, constitutional watchdogs, and democracy advocates across the Caribbean, it feels far more serious. Within a single week, two national parliaments — in Trinidad and Tobago and St. Kitts and Nevis — descended into turmoil as opposition members stormed out in protest, accusing their Speakers of bias, overreach, and abuse of parliamentary procedure.

For observers, the walkouts signal a deeper problem: erosion of trust in the very institutions meant to safeguard democracy. When Speakers are viewed as political enforcers instead of neutral referees, parliaments stop functioning as chambers of debate and start performing as stages for power and spectacle — with citizens left wondering who, if anyone, is still accountable.

October 6: St. Kitts Parliament Erupts

The first walkout erupted in Basseterre on October 6, 2025, when Dr. Timothy Harris, former Prime Minister and now Opposition Leader, led his team out of the St. Kitts and Nevis National Assembly in a protest that stunned the chamber.

The flashpoint came as the Speaker moved to approve more than three years’ worth of unratified parliamentary minutes in one sitting — covering 27 meetings and three national budgets — without individual review or debate.

Dr. Harris called the move “a flagrant breach of the Constitution and parliamentary tradition,” warning that the practice undermines transparency and accountability. “No serious parliament can go years without approving a single set of minutes,” he said after exiting the chamber.

The Speaker defended the decision as administrative housekeeping, but critics were unconvinced, branding the move a “world record disgrace.” The opposition’s walkout triggered renewed calls for the Speaker’s resignation and sparked a wider public discussion about record-keeping, accountability, and respect for parliamentary norms in St. Kitts and Nevis.

October 10: Trinidad Opposition Follows Suit

Four days later, on October 10, 2025, the Opposition United National Congress (UNC) in Trinidad and Tobago staged its own walkout from the House of Representatives in Port of Spain.

The UNC accused the Speaker of partisan bias, claiming she had repeatedly blocked urgent questions, ignored points of order, and allowed government members to breach standing orders without consequence.

“The Speaker has failed in her duty to act impartially,” the Opposition declared in a statement. “Parliament is not the property of any political party or Presiding Officer.”

The dramatic exit was seen as a culmination of months of rising tension and frustration, with opposition MPs arguing that parliamentary rules were being selectively applied to silence dissenting voices.

Political analyst Dr. Marcia Ferdinand described the twin walkouts as “a warning sign that parliamentary democracy in the Caribbean is teetering on the edge of performative politics.”

“When chairs become political shields rather than constitutional referees,” she said, “democracy becomes theatre, not governance.”

A Pattern Emerging

While St. Kitts and Trinidad are very different political environments, both incidents point to the same regional fault line: the perception that Speakers — the guardians of parliamentary order — are no longer impartial.

In Westminster-style systems like those across the Caribbean, the Speaker’s authority depends not on power but on public confidence in fairness. Once that credibility erodes, parliamentary control collapses into confrontation.

Governance experts say the implications are serious: eroded trust between government and opposition, declining public confidence in state institutions, and growing voter cynicism that “rules” are flexible tools of political advantage.

Why It Matters

Parliamentary walkouts are not new in the Caribbean, but what makes these recent events different is their frequency and intensity — and the regional echo they’ve created. Social media has amplified images of lawmakers storming out, with citizens from Barbados to Belize questioning whether the same erosion of decorum could be happening in their own legislatures.

Analysts warn that if this perception takes hold, it risks diminishing the moral authority of parliamentary democracy itself.

“Once opposition MPs believe the rules are rigged, and once citizens believe Parliament is just performance,” said one Caribbean governance researcher, “you’ve lost the most valuable currency in democracy — trust.”

Restoring Balance

Political reformers across the region are calling for tighter Standing Order enforcement, independent parliamentary service commissions, and training to strengthen Speaker neutrality. Civil society leaders say the public must also play its part by demanding transparency and refusing to normalize partisan manipulation of parliamentary procedure.

Whether these twin walkouts become catalysts for reform — or simply another episode of Caribbean political theatre — will depend on what happens next inside those chambers.

For now, democracy watchers agree on one thing: when opposition leaders feel the only way to be heard is to walk out, the entire democratic house — not just its Speaker — is in danger of collapse.

 

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

Continue Reading

FIND US ON FACEBOOK

TRENDING