JAMAICA Know your rights what to do if youre arrested

first_img Related Items: Facebook Twitter Google+LinkedInPinterestWhatsApp#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) Facebook Twitter Google+LinkedInPinterestWhatsApplast_img read more

This is what Germany needs according to Bierhoff

first_imgThe legendary German footballer believes that in order to get back to the top, the Nationalmannschaft needs to enjoy football again.2018 was a year to forget for the Germany national team.The defending FIFA World Cup champions did not make it out alive of the Group Stage of the 2018 competition.And then it failed miserably in the UEFA Nations League tournament.Part of the blame is that the Nationalmannschaft is not enjoying football as before, at least this is what legendary footballer Oliver Bierhoff believes.“I am convinced that although it felt that way last summer, German football is not far away from being the world’s best,” said Bierhoff to the official Germany Football Association website.“We need more emotion again. Despite all the systems, we also need to create space for the development of individuals.”“We need more playground mentality again,” he explained.“Together with the league and clubs we aim to establish a successful German way,” he said.“We need to start making the most of our talent pool again, and also develop the boys and girls of our youth teams as best we can.”Top 5 Bundesliga players to watch during the weekend Tomás Pavel Ibarra Meda – September 11, 2019 With the international activity cooling down for the next month, we go back to the Bundesliga’s Top 5 players to watch next weekend.The German…“Our analysis has shown that at least a third of the talent available to us is not developed to its full potential,” he said on what needs to be changed.Germany’s 2018 World Cup run was the worst of any German national team in history.“We have one head coach and two assistants in our youth teams,” added Meikel Schönweitz, head coach of the national youth teams.“With that, with have three coaches in every team and three different types of coaches: the experienced one, the innovative one, and the specialist.”“My job is to help the coaches to further develop their expertise,” he continued.“We’re seeing things that we could take for our own work more and more. The goal is to get through to the players through the coach and fully develop talent. I see myself as a go-to for the players. We’re already looking at who has the upcoming tournaments in their sights and who could help us at EURO 2024.”Happy 28th Birthday to Christoph #Kramer! 🎉#DieMannschaft pic.twitter.com/RiLJEXMH1X— Germany (@DFB_Team_EN) February 19, 2019last_img read more

Scenic Uttarakhand perfect for film shooting

first_imgUttarakhand – popularly known as the ‘Land of Gods’ is emerging as one of the best destinations for shooting films. The beautiful ambiance and pleasant weather had always appealed filmmakers, but after the Chief Minister Trivendra Singh Rawat met some of the renowned film personalities under ‘Investor’s Summit’ in Mumbai, things changed for the better. Trivendra was appreciated for his initiative, which has changed the perspective of entire film fraternity towards Uttarakhand. Also Read – Add new books to your shelfChief Minister met all the filmmakers present in the programme and asked them for suggestions on improvements that can be made in the state’s film policy. Minister further informed that state government is preparing a favorable environment for the film industry in the state. Nature has blessed Uttarakhand with so many things. Everything related to nature, which a filmmaker wants to capture in the camera, is there in the state.After taking suggestions from the producers and directors, the government will soon approve the new film policy, thereby opening the door to many big filmmakers. For attracting more and more filmmakers, fees for shooting movies have been waived off. Moreover, if any filmmaker applies for shooting in the state, he gets permission within seven days. As a result, six big Bollywood films have been shot in the state in the last six months. Also Read – Over 2 hours screen time daily will make your kids impulsive”The Director of Baahubali movie S S Rajamouli surveyed the shooting places few days back and will be seen with their crew in Uttarakhand soon. We have also made provision of Rs 1.5 crore for the films whose 75 percent shooting will be done in Uttarakhand,” he said, adding “We want that if a filmmaker comes from Mumbai for shooting, he should not have to bring a big team of technicians, spot-boy etc. We are planning to provide such skilled technicians at the local level, for which we have started the Film Appreciation Course in Dehradun.” Impressed by the film policy of Uttarakhand, this year, Uttarakhand was conferred with ‘Special Mention Certificate for Film Friendly Environment’ award during the National Film Awards.Talking about the initiative, film producer Siddharth Roy Kapur said that this initiative of the state government is commendable. It is rare that a Chief Minister himself invites the filmmakers to come to his state. There is a lot of potential in Uttarakhand.Filmmaker Narayan Singh said that he has shot Batti Gul Meter Chalu in Uttarakhand, in which state government has provided a lot of support. The quiet atmosphere and discipline he witnessed while shooting in Uttarakhand could not be found anywhere else.Film producer Boney Kapoor also spoke of giving support to the Uttarakhand government. Renowned lyricist Prasoon Joshi said that the people of Uttarakhand are very sensitive. We all should work together to create such an atmosphere, which will create a friendly atmosphere for shooting in Uttarakhand.On this occasion, Chief Secretary Utpal Kumar Singh said that the state government will provide every possible help to film producers and directors. Secretary Information Dilip Javalkar gave information to the filmmakers about the facilities given in the Uttarakhand Film Policy. Also, he sought suggestions for making amendments in the film policy. Javalkar said that proposals are being prepared for investment in the film city and studio during the Investors Summit to be held in October.Rishabh Chopra of Yash Raj Films, Sheel Nimbalkar of John Abraham Productions, Kulmeet Makkar of Film and Television Producer Guild of India, Parth Arora of Fox Star Studios, President of Indian Motion Pictures Producer Association T.P.Aggrawal, Producer-Director Hansal Mehta, famous singer Anuradha Paudwal, and several other renowned personalities were present in the programme.Principal Secretary Manisha Pawar, Secretary Finance Amit Negi, Managing Director Saujanya, Chief Minister’s Media Adviser Ramesh Bhatt and Industrial Advisor K.S. Panwar were also present in the programme.last_img read more

Lawmakers introduce new Consumer privacy bill and Malicious Deep Fake Prohibition Act

first_imgYesterday, a Massachusetts senator filed a consumer privacy bill enabling consumers to sue for privacy invasions. The bill touted to be similar to Californians for consumer privacy (CCPA).  It allows for a private right of action and statutory damages for any violation of the law (not just breaches) and does not require a demonstration of a loss of money or property. Here’s what the bill proposes: Businesses provide consumers with a notice At/Before Collection Right to Delete: A consumer shall have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer. Right to Opt-out of Third Party Disclosure:  A consumer shall have the right, at any time, to demand that a business not disclose the consumer’s personal information to third parties. No Penalty for Exercise of Rights: A business shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under the bill Private Right of Action: A consumer who has suffered a violation of this bill may bring a lawsuit against the business or service provider that violated this bill. The bill says that “Consumers need not to suffer a loss of money or property as a result of the violation in order to bring an action for a violation.” People on Twitter generally had positive sentiments. Last month, Sen. Ben Sasse introduced a bill, “Malicious Deep Fake Prohibition Act” to criminalize the malicious creation and distribution of deepfakes, which are increasingly being used for promoting harassment and illegal activities. Under the bill, it would be illegal for individuals to: (1) Create, with the intent to distribute, a deep fake with the intent that the distribution of the deep fake would facilitate criminal or tortious conduct under Federal, State, local, or Tribal law; or (2) Distribute an audiovisual record with— (A) actual knowledge that the audiovisual record is a deep fake; and (B) the intent that the distribution of the audiovisual record would facilitate criminal or tortious conduct under Federal, State, local, or Tribal law. However, this bill was widely criticized for its loopholes. A statement in the bill states, “Deep fake means an audiovisual record created or altered in a manner that the record would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of an individual.” A hacker news user said that this, limits the scope of the act to prohibiting deep fakes that are not explicitly labeled as such. Another user said, “If that’s the case, any sort of creative editing, even just quick cuts, could fall under this (see: any primetime or cable news, any TV campaign ad, the quick cuts of Obama where it looks like he’s singing Never Gonna Give You Up, etc). A law like this could also be weaponized against political foes—basically, label everything you don’t like as “fake news” and prosecute it under this law.” Orin Kerr in a blog post comments, “The Sasse bill also has a potential problem of not distinguishing between devices and files. Reading the bill, it prohibits the distribution of an audiovisual record with the intent that the distribution would facilitate tortious conduct.” It is promising to see the lawmakers sincerely taking measures to enable building strict privacy standards. Only time will tell if this new legislation will continue to protect consumer data than the businesses that profit from it. Read Next Machine generated videos like Deepfakes – Trick or Treat? Privacy experts urge the Senate Commerce Committee for a strong federal privacy bill “that sets a floor, not a ceiling” Biometric Information Privacy Act: It is now illegal for Amazon, Facebook or Apple to collect your biometric data without consent in Illinoislast_img read more