The Jamaica Constabulary Force (JCF) recently released a revised version of its Human Rights and Police Use of Force and Firearms Policy. Throughout this month, The Gleaner has been publishing excerpts of the document.
RECORDS AND REPORTS
Members of the JCF will verbally report when a firearm is operationally withdrawn from the holster and any use of firearms (including where a shoulder-controlled weapon is made ready for firing) to their immediate supervisor as soon as practicable.
Immediately following the discharge of any firearms (other than in training or as part of a research programme), an initial report will be faxed to the Office of Professional Responsibility, copied to the divisional commander and the commissioner's office.
Supervisors will ensure that a pocketbook entry has been completed by the officer(s) involved and that each pocketbook entry is inspected and signed by that supervisory officer. Initial notes should be made as soon as practicable, subject to any individual legal advice received to the contrary. The entry should be timed, dated and signed.
Members of the JCF must fully document the circumstances in which they found themselves, the reasons for their actions and the details of the supervisor to whom they subsequently reported.
In the event of a police officer discharging a firearm, the Police Public Complaints Authority, the Office of Professional Responsibility and the Bureau of Special Investigations are required to be informed immediately (this is a statutory obligation).
CRIMINAL INVESTIGATION
The procedures below apply to all situations in which a member discharges a firearm for the purpose of employing deadly force against a human being.
The commanding officer for the area where the shooting takes place shall promptly notify the deputy commissioner of police in charge of crime, the Bureau of Special Investigations and the Police Public Complaints Authority of the incident, as well as the Constabulary Communication Network.
The officer in charge of the Bureau of Special Investigations shall assign a competent investigator to take over and complete the investigation under his/her direction.
The detective assigned shall conduct the investigation as he/she would in any other serious investigation.
With the exception of the rare extenuating circumstances, all investigations shall be completed and the file submitted to the deputy commissioner of police for crime within 30 days of the incident.
After review, the deputy commissioner of police for Crime shall promptly submit the investigating report file to the director of public prosecutions for his/her review and findings, and the administrative review file to the commissioner.