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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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Browne Wins Fourth Term in Antigua & Barbuda Landslide

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Antigua & Barbuda, May 4, 2026 – Prime Minister Gaston Browne has secured a historic fourth consecutive term in office, leading the Antigua and Barbuda Labour Party to a commanding victory in the country’s snap general election held April 30, 2026.

Preliminary results show Browne’s party capturing 15 of the 17 seats in Parliament, tightening its grip on power and dramatically weakening the opposition.

The main opposition United Progressive Party was reduced to just one seat, held by its leader, while the Barbuda People’s Movement retained its single constituency in Barbuda.

The result marks a major political turnaround for Browne, whose party had won a much narrower 9–7 majority in the 2023 election before rebuilding support through defections and by-elections.

Voter turnout figures vary in early reports, with initial estimates indicating participation of around 35.8 percent, or roughly 22,700 voters out of more than 63,000 registered. However, broader election data suggests overall turnout may have exceeded 60 percent, reflecting steady engagement despite political tensions.

The election, called nearly two years ahead of schedule, was shaped by concerns over the cost of living, global economic pressures and fallout from U.S. visa restrictions linked to the country’s citizenship-by-investment programme.

Despite those issues, Browne campaigned on economic stability and continued development, pointing to a strong tourism recovery and ongoing infrastructure expansion.

The decisive victory now strengthens his mandate, but also raises questions about the future of the opposition, which faces internal challenges after significant losses at the polls.

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

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FIGHT FOR CONTROL OF STEWART TOURISM EMPIRE PLAYS OUT IN COURTS

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May 4, 2026 – This is not just a family dispute.  It is a fight over control of a tourism empire.

At the centre is Adam Stewart, who has secured a series of legal victories across the region as challenges continue over the estate and leadership structure of Sandals Resorts International.

The multi-billion-dollar conglomerate was built by the late Gordon “Butch” Stewart, whose passing in 2021 set off a complex and ongoing dispute involving family members, estate arrangements and control of the business.

In recent rulings, courts in both The Bahamas and Jamaica have reinforced Adam Stewart’s position, effectively allowing him to continue leading the company while defending his role against legal challenges.

One key issue has centred on the interpretation of estate provisions, including whether defending his leadership could jeopardise his inheritance. The courts have ruled in his favour, clearing the way for him to maintain control without penalty.

For now, those decisions bring a measure of stability to one of the Caribbean’s most influential tourism brands.

But the matter is far from settled.

Multiple legal challenges and competing claims within the Stewart family remain active, meaning the future structure of the company is still being contested.

The implications stretch well beyond the courtroom.

Sandals operates across several Caribbean nations, including The Bahamas, Turks and Caicos Islands, Jamaica and Saint Lucia, making it a critical player in regional tourism, employment and investment.

Any uncertainty at the top of the organisation has the potential to ripple across economies that rely heavily on the brand’s continued expansion and stability.

For now, Adam Stewart remains firmly in charge.  He was named Executive Chairman of Sandals Resorts International in 2021.

Still, many are keen on the outcomes of ongoing litigation, as the battle over one of the Caribbean’s most powerful business empires is still unfolding.

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

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Sandals and Beaches Women Master the Art of Hospitality Leadership  

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Montego Bay, Jamaica, April 22, 2026 — At Sandals and Beaches Resorts, leadership excellence is par for the course. This is increasingly evident as the Sandals Corporate University (SCU) continues to provide team members with extraordinary opportunities for higher education, growth and professional development.

Facilitated through the SCU, the programmes offered executive team members the opportunity to pursue advanced studies with Les Roches, an internationally recognised Swiss hospitality university accredited by the New England Commission of Higher Education (NECHE). Renowned for its comprehensive hospitality curriculum, Les Roches was also recently ranked #2 in the world in Hospitality & Leisure Management by the QS World University Rankings 2026.

The graduating group included EMBA recipients: Heather Effs, regional manager, entertainment – Sandals Resorts, Jamaica, Della John, general manager at Sandals Grande St. Lucian and Melissa Stacy Giddings, regional manager, entertainment in the Eastern Caribbean. Also graduating was Senior Wedding Manager at Sandals Royal Bahamian, Samaria Smith-Cooper who completed the EMIHM programme.

While studying for their degrees, the EMBA students were able to enhance their experience through immersive classroom learning, travelling to the Les Roches campuses in Switzerland and Dubai to participate in the institution’s Residential Weeks. Both weeks, which took place at the start and toward the end of the course, provided the leaders with opportunities for in depth academic exposure, training and collaboration with fellow students from around the world.

Reflecting on their experiences and their decisions to pursue higher education through the SCU, each graduate expressed long standing aspirations to further their education and earn their master’s degrees and extended gratitude to the SCU for making those dreams a reality.

John, who graduated with distinction, shared that it was a proud and emotional moment when she crossed the stage to collect her certificate. She recalled that while the programme was demanding, the opportunity to deepen her knowledge of the hospitality industry on a global level made the journey a rewarding one.

“Education has always been intrinsic to who I am. I believe we must continuously learn so we can grow in this industry where we serve and lead others. This programme allowed me to sharpen my tools as a leader while gaining a broader global perspective on hospitality and tourism. Collaborating with professionals from different countries and cultures was an incredible experience and it challenged me to think differently about the future of our industry,” she remarked.

“My journey continues as I will keep sharing what I have learned to strengthen our teams and our brand every single day.”

For Giddings, the opportunity to network, study with her colleagues and lean into the vastness of hospitality was all the motivation she needed to embark on her Les Roches journey.

“I thought to myself, this was my chance to learn, expand and grow with two women I highly admire and respect.”

She noted that the coursework itself was not without its challenges, but she recognised the value in pushing forward to earn her degree which would inevitably allow her to take the next step in her career.

“It is an investment in yourself. I feel a profound sense of achievement and confidence and I feel prepared and excited about the opportunities that lie ahead,” she added.

Smith-Cooper shared that the EMIHM programme was the perfect opportunity to discover what she was capable of. However, between  designing dream destination weddings for couples and navigating parenthood and life in general, she admitted that the undertaking was no small feat.

“One of my biggest challenges was balancing school with my everyday responsibilities at work, at home and in my personal life but this experience showed me that my capacity could grow.”

Despite the demands, she credits determination, self-belief and the encouragement of a strong support system for helping her see the journey through.

“Today, I feel proud, relieved, accomplished and more confident. This programme has helped to build my skills and prepare me for new responsibilities and future opportunities.”

Effs, who also earned her EMBA with distinction, regarded the experience as a transformative step in her professional journey.

“Pursuing this programme was truly a leap of faith for me. The coursework challenged me intellectually and professionally, but each module stretched me in the best way. I was constantly learning, applying and evolving.”

The regional entertainment manager also encouraged other team members to take advantage of the opportunities available through SCU.

“To anyone considering taking the next step through SCU, my advice is simple: take the leap of faith. Trust yourself. Tap into your superpowers. Growth begins the moment you step outside of your comfort zone. The journey may challenge you, but it will also transform you,” Effs added.

Speaking on the partnership with Les Roches, Senior Corporate Director of the SCU, Dr. Luz Longsworth expressed her appreciation for the calibre of hospitality training offered by the institution.

“Les Roches’ commitment to working with the Caribbean really impressed us and we were excited to take a team to Marbella to visit their campus and explore the possibilities for collaboration. The quality of the programme strengthens the capacity of our leaders to navigate the complex and ever evolving world of hospitality and it is highly relevant to the needs of our region,” she shared.

The Sandals Corporate University remains committed to empowering team members through world class training and educational opportunities. By investing in leadership development and professional advancement, SCU continues to equip its people with the tools needed to grow while helping to shape the next generation of hospitality leaders across the Caribbean.

Captions:

Header: SCU Grads 1: Regional Manager, Entertainment – Sandals Resorts, Jamaica, Heather Effs can’t help but strike a playful pose after crossing the Les Roches stage to collect her degree; and SCU Grads 2: Della John, general manager at Sandals Grande St. Lucia is snapped on stage with the Les Roches team at the graduation ceremony held in Switzerland.

1st insert: Senior Wedding Manager at Sandals Royal Bahamian, Samaria Smith-Cooper takes a quick selfie moment post-graduation.

2nd Insert: Melissa Stacy Giddings, regional entertainment manager for the Eastern Caribbean is all joy after completing the postgraduate programme.

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