SEARCH
Searching Persons
§ To search you, police must have reasonable suspicion that you are committing or have committed an offence. They should tell you why they want to search you.
§ A woman must be searched by a woman only, and if no female police officer is available, the search must be made by any woman designated for that purpose by a police officer.
House Search
§ If the police want to enter your house, you should ask them if they have a warrant. Ask to see the warrant!
§ However, there are cases where the police can search without a warrant. For example, when it is believed that a crime has been or about to be committed
§ A warrant will normally be executed by day unless otherwise stated and where good reasons were given why it must be done at night.
§ A warrant should be executed only within the strict specifications mentioned within the warrant.
§ Follow the officer during the search!
§ Ask the officer his name but if he fails to identify himself, note anything that can help you to identify the officer for example, his badge number, markings on the car he drove, etc.
§ Look carefully at the officer so that you may be able to identify him, if necessary you can relay the description at a later date.
§ Request a signed list of anything that the officer takes with him.
Vehicular Search
§ If the police 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.
DETENTION
§ Police officers often lock up persons without charging them.
§ If you are detained for more than 72 hours without being charged, you can get a lawyer to go to court for an order for the police to release you if they are not going to charge you. This is known as habeas corpus.
NB.
* Detention period may be extended under State of Emergency circumstances.
RIGHT TO BAIL – POLICE
§ Once you are charged you have a right to bail.
§ Bail must be considered within 24 hours of your being arrested.
§ For most offences bail can be granted by the police. This is known as station bail.
§ If you are charged with an offence for which you cannot be imprisoned then the policeSHOULD in most cases grant you bail.
RIGHT TO BAIL – COURT
§ If police deny you bail you can request bail before a Resident Magistrate (RM).
§ If you are charged with an offence for which the police cannot grant you bail then ask to be taken to a judge as soon as possible.
§ Under the 2010 amendments to the Bail Act, persons charged with serious offences under the “Second Schedule” will not have bail considered for 60 days if they have already been convicted of an offence under that Schedule. The “Second Schedule” makes mention of serious convictions such as certain offences under the Dangerous Drugs Act, Trafficking in Persons (Prevention, Suppression and Punishment) Act, Child Care and Protection Act (trafficking of children), Offences Against the Person Act and Perverting the Course of Justice.
§ When you are charged with an offence under the “Second Schedule” and you are in custody during the 60 day period, you should be brought before the court 7 days after you were charged and then every 14 days thereafter for the court to review your bail application.
§ If a court denied bail at first, you can keep applying to the same court or you can apply to a judge of the Supreme Court
TO GET BAIL
§ One (1) passport-sized picture signed by a Justice of the Peace (J.P.)
§ A valid form of identification
a. National ID
b. Drivers’ Licence
c. Passport
§ Two (2) letters of recommendation
a. JP
b. Sergeant of police or police of higher rank
§ Collateral
a. Motor vehicle statement
b. Land title without caveat
c. Bank statement
§ Proof of Address
a. A recent utility bill
NB. There are changes expected with what is acceptable documentation
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