THE EDITOR, Sir:
THIS MORNING (24/7/02) on the Breakfast Club, I heard explanations under the Unlawful Possession of Property Act which I do not think is satisfactory in essential particulars. As a former member of the Jamaica Constabulary Force (JCF) for 11 years and two months, leaving as detective, sub-officer i.e. crime and statistics, working in the courts as Assistant Clerk grade one, Deputy Clerk of Courts and resigning as Clerk of Courts after serving for seven years and as a private practitioner at all levels of our courts well over 30 years and therefore a senior Counsel at the Bar, I offer the following as a summary of the correct statement of the law under the Unlawful Possession of Property Act, chapter 401, which is still a law of Jamaica:-
1. The Unlawful Possession of Property Act deals with three circumstances where the police can act. Section 2 states:
'In this Act - "article of agricultural produce" means any article of agricultural produce for the time being specified in the Schedule;
"authorised person" means any person authorised and appointed to arrest suspected persons;
"suspected person" means any person who:
(a) has had in his possession or under his control in any place any thing being an article of agricultural produce; or
(b) has in his possession or under his control in any place any thing including an article of agricultural produce,
under such circumstances as shall reasonably cause any constable or authorised person to suspect that that thing has been stolen or unlawfully obtained.'
2. Section 5 deals with arrest and trial of suspected persons and states, inter alia, that as soon as possible after the arrest of a suspected person, the constable or authorised person making the arrest shall bring the suspected person together with anything found in his possession or under his control which is reasonably suspected to have been stolen or unlawfully obtained, before a Resident Magistrate sitting in Court.
If a Resident Magistrate is not sitting in Court within 48 hours after the arrest of a suspected person, the constable or authorised persons shall take the suspected person before a Justice who may bail the suspected person to appear at the earliest convenient date before a Resident Magistrate sitting in Court, or may remand the suspected person in custody to be brought at the earliest convenient date before a Resident Magistrate sitting in Court.
3. Section 8 deals with Search Warrant and states, inter alia:
'If information is given on oath to any Resident Magistrate or Justice that there is reasonable cause for suspecting that anything stolen or unlawfully obtained in, concealed or lodged in any house, store, yard or other place, or on any land (whether enclosed or not) or in any vessel, the Resident Magistrate or Justice may, by warrant under his hand directed to any constable, cause the house, store, yard, place, land or vessel to be entered and searched at any time of day or, if the warrant so authorises, by night.'
4. The case laws on the subject make it clear that there must be reasonable suspicion, that is, suspicion grounded on fact such as some overt act on the part of the suspect, before any citizen can be questioned about the possession of any item.
I am, etc.,
OWEN S. CROSBIE
3 Hotel Street
Manchester
