What to Do When You're Arrested in Jamaica: Your Rights Explained

You Have Rights — And They Start Immediately

The Constitution of Jamaica, through the Charter of Fundamental Rights and Freedoms, guarantees every person important protections from the moment of arrest. Whether the arrest happens on the street, at your home, or at a police station, these rights apply.

The Right to Be Told Why

You have the right to be told the reason for your arrest in a language you understand. "Come with us" is not enough. If officers do not tell you the reason, you can (calmly and respectfully) ask.

You should also be informed of the specific offence you are suspected of, not just a vague charge.

The Right to an Attorney

You have the right to consult with an attorney of your choice, and to have that attorney present during any interview. This is one of the most important rights you have, and it is one people most often waive by mistake.

You can — and should — request an attorney before answering any substantive question. This is not an admission of guilt. It is you exercising a constitutional right.

The Right to Silence

You are not required to answer police questions beyond giving your name and address for the purpose of identification. Anything you say can be recorded and used in court.

The safest posture, especially before your attorney arrives, is:

• Confirm your name and address if asked.
• Politely state: "I would like to speak with my attorney before answering any questions."
• Do not argue, do not explain, do not try to "clear things up." Wait for counsel.

The Right to Contact Family

You have the right to notify a family member or friend of your arrest and location. Give the officer the number and ask for the call to be made. Note the time you asked.

What Police Are Allowed to Do

Police can:

• Arrest you if they have reasonable grounds to suspect you of an offence.
• Search your person and, in some circumstances, your immediate surroundings incident to arrest.
• Detain you for a reasonable period for investigation — but not indefinitely.

Police cannot beat you, threaten you, or coerce a confession. If any of this happens, tell your attorney immediately and, if possible, note names, badge numbers, times, and any witnesses.

At the Station: Practical Steps

1. Stay calm and polite. Cooperation on identity does not mean cooperation on the substance of the case.
2. Do not sign any statement or caution statement without your attorney reviewing it.
3. Do not accept "off the record" conversations. There is no such thing in a police station.
4. Ask about station bail where the offence is minor.
5. Note the officers' names and the time of every significant event.

If a Loved One Has Been Arrested

If you are on the outside and a family member has just been arrested, your job is to move fast and stay composed:

• Find out where they are being held.
• Do not go and give a statement of your own to police.
• Contact an attorney immediately.
• Start gathering documents for a possible bail application.

At Whittaker Law, we handle criminal matters from arrest through trial. If you or a loved one has been arrested, contact us — the sooner we are involved, the more we can do.