RECENTLY JAMAICANS for Justice produced pamphlets about the Rights of Citizens. Entitled 'Respect yourself, Respect Others Know your Rights' the pamphlets were designed and printed with the assistance of grant funding from the Commonwealth Foundation and the German Embassy.
What we now have available in house and being distributed islandwide are small wallet-sized documents packed with information which could prove useful for all citizens of Jamaica. The process of developing them was very instructive for those who worked on them and we all learnt a lot. Because we learnt so much while developing the pamphlets we decided to use this article to reproduce the information in the hope that our readers will also learn something about their rights.
Every citizen of Jamaica is presumed innocent until proven guilty and everyone is entitled to certain rights and to respect.
If the police stop you...
...in a road check
They have a right to ask for your driver's licence and vehicle documents. If you don't have the documents on you, you can ask for five days to produce them at a convenient police station.
If you don't have insurance you can be prosecuted but it is not a reason for you vehicle to be seized.
If you fail to renew the licence for your motor car the police are entitled to seize your vehicle.
If they wish to search your vehicle they must tell you the reasonable grounds for wanting to search. They do not have a right to search as a matter of routine.
If you are given a ticket, sign it only if you plan to pay the (fixed) fine and not contest the charge in court. If you plan to contest the ticket in court - don't sign it.
If you're suspected of drunk driving and refuse to take a blood, urine or breath test, this is a criminal offence for which you can be charged.
Your vehicle can be seized when you have breached the Road Traffic Act by:
operating as a Taxi or Commercial Carrier without a Road Licence or Carriers Licence.
Having registration plates or a licence which is hidden, not on your car, or not easily seen
Driving a vehicle which is NOT licensed or registered
Operating your vehicle contrary to the terms of its license -- and they intend to detain you
The police must either: show you a signed warrant for your arrest OR give a reason for your detention, alleging, that they suspect that you have, or are about to, commit a crime.
The police have a right to arrest without warrant if you have committed a dangerous Breach of the Peace.
The police may not force you to go to the station unless they have arrested and charged you with an offense.
If you are arrested or detained, the police should inform you of the specific offence for which you are arrested and of your rights including:
You do not have to say anything. If you say anything it may be written down and given in evidence in a court of law.
You have the right to a phone call in order to contact your family or your lawyer.
You have the right to medical assistance if you need it.
You have the right to legal help. If you cannot afford a lawyer, the state will provide one for you. You should not answer any questions, participate in an identification parade, make a statement or sign a statement without your lawyer being present.
You should not have your fingerprints taken against your will without the police getting an order from a Magistrate.
You can ask the officer in charge for bail and if he refuses, you can request that you be taken before a Justice of the Peace or the Court.
Remember: the police should not make any promise or threaten you in order to obtain a statement from you. Do not make any statement on the strength of any promise or for fear of any threat.
If the police wish to search...
...YOU they have the right
If they have a warrant
If they have seen you committing a minor offence or if someone whose word can be believed has seen you committing the offence
If they have reasonable suspicion that you have been involved in any illegal activity.
If they suspect that you have any illegal drugs or other prohibited items on you.
You have the right for this search to take place in front of a Justice of the Peace.
...Your Home, they must show you a signed search warrant
You should always accompany the police as they look around.
The police can take away your personal items if they have reason to suspect that they were obtained in the commission of a crime.
If the police wish to confiscate any such items, they should provide you with a list of these items signed by the police officer. Insist on it!
Police can enter your house without a warrant in an emergency situation or when they have reason to believe you are committing a crime or are about to commit crime.
In all interactions with Police officers you should always try to remember, and make a note where possible, of the numbers on the officers' badges and patrol car. The police should have visible badge numbers at all times. You may also ask for the Officer's name. If you cannot get this information, look at him and listen to him carefully so you can later identify him and repeat as accurately as possible what was said.
You should not resist arrest even if you think it is illegal. If you are physically or verbally attacked, keep cool and call out to anyone nearby so they can back you up if it is necessary.
If your rights have been abused by the police, there are things you can do:
1 Go immediately to a doctor if you have been injured.
2 Report the matter to the Police Public Complaints Authority (1-888-367-4357). Make sure to give them as much information about the circumstances and the police officers involved. Photographs, doctor reports and eyewitness reports are all important. You are also advised to have a respected member of the community accompany you when you make this complaint.
3 There are several other organisations that can help including the OPR, the Office of the Public Defender, the Attorney-General's Office, the Kingston and Mo-Bay Legal Aid Clinics, the Jamaica Council for Human Rights and Jamaicans for Justice.
Remember as a citizen in a democracy, everyone is presumed innocent until proven guilty and everyone is entitled to certain rights.
You may e-mail us at: ja.for. justice@mail.infochan.com or visit our website: www. jamaicansforjustice.org
