Arrest

One on One with the Police

 

Arrest

If arrested, the arresting officer must tell you the reason(s) for the arrest. Unless you are arrested, you cannot be compelled to accompany the member to a police station or to remain there. Once you have been arrested, the member is entitled to search you; females must be searched by females who may be a member of the public.

When taken to a police station we will assist you to make contact with a person of your choice by telephone or other appropriate means. You are entitled to one telephone call.

Whilst in custody, the police are responsible for the safety of your person and personal belongings. Item(s) connected to the case will be taken from you and recorded as exhibits and subsequently taken before the court.

You are entitled to observe the documentation of your belongings and exhibits and sign accordingly in the appropriate registers. Entries detailing the belongings must be witnessed by other members of the Constabulary and dated. Personal belongings must be returned to you when you are released.

You may be seen by visitors during the prescribed visiting hours and your attorney will be able to visit you at any reasonable time. (Each station has its own prescribed visiting hours).

If you are charged

If you are charged with an offence, you must thereafter be cautioned by the police in the following terms:

"Do you wish to say anything? You are not obliged to say anything unless you wish to do so but whatever you say will be taken down in writing and may be given in evidence."

Bail

  • Every person who is charged with an offence is entitled to be granted bail by a Court, a Justice of the Peace or a Police Officer as the case may require;
  • The individual who is charged with an offence should not be held in custody for longer than twenty-four hours without the question of bail being considered;
  • A person charged with murder, treason or treason felony may be granted bail only by a Resident Magistrate or a Judge;
  • Bail should be granted to a defendant who is charged with an offence which is not punishable with imprisonment;
  • A person should not be refused bail unless the Police, the Justice of the Peace or the Judge has good reason for doing so.

Considerations before granting bail

The Police and the Court takes the following matters listed below into consideration before granting bail:

  • The seriousness of the offence, for example, murder, sexual offences and treason;
  • The likelihood of the offence being repeated or another offence will be committed if the person is released;
  • The accused person's character, antecedent, association and community ties;
  • Whether he/she was granted bail before and he/she absconded;
  • Whether the accused person has a fixed address and can be found;
  • Whether the person poses a threat to the community, or to the Witness;
  • Whether the individual is safer in custody.

Payment of money as a condition of bail

The Bail Act makes provision for the following:

  • A Justice of the Peace or a police officer shall not specify an amount in excess of four thousand dollars ($4000.00) as the payment required of any person as a condition of bail.
  • A resident Magistrate or Judge is NOT LIMITED as to the amount that he/she may impose as a condition of bail.
  • Payment shall be in cash or, if approved by the Court, Justice of the Peace or Police, as the case may be, by manager's cheque made out to an account.
  • Where bail is granted by a Justice of the Peace or the police, the payment shall be made at a police station to a police officer. The police officer SHALL issue a receipt for the money collected.
  • Where bail is granted by the Court, the payment shall be made to an Accountant of the Court. The Accountant SHALL issue a receipt for the money collected.