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Citizen Rights & Responsibilities
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Part of participating fully in a democracy means educating
oneself on citizen rights and responsibilities.
Links and information offered in this section of the website are
sourced from materials published by various sources including the
Jamaica Information Service and the Independent Jamaican Council for
Human Rights. The information provided here is not intended
as a substitute for an Attorney’s advice, but rather as a brief
educational overview. Please contact the organizations listed in our
Non-Profit Organizations Listing for more information and for professional help.
+Links to the Independent Jamaica Council for
Human Rights (IJCHR)
Source: All information taken from Jamaica Information Service
Pamphlets
The information provided here is not intended as a
substitute for an Attorney’s advice, but rather as a brief
educational overview. Please contact the Justice
& Legal Aid Organizations for more information and for professional help.
Help with legal fees can be obtained either while you are being
detained at a Police Station or before going to trial.
At a
Police Station
Who is eligible for Legal Aid (Duty Counsel)?
Every person who is detained at a Police Station lockup whether
arrested or not, may be granted access to Duty Counsel (an Attorney
who attends a police station when called to do so). Persons charged
with an excepted offense under the Money Laundering Act or sections
of Dangerous Drugs Act also have a right to Duty Counsel.
Is Legal Aid Free?
Legal Aid is provided free of charge by a Duty Counsel. Each
Police Station has a posted list of Duty Counsel.
How do I access Duty Counsel?
The police must inform you of your rights to contact your own
Attorney or to contact a Duty Counsel for you.
How will the Duty Counsel assist me?
Duty Counsel will attend at the place where you are being
detained and give you legal advice. They may also:
- attend an identification parade where required;
- make a bail application on your behalf to the Police or to the
Courts;
- appear for you on your first appearance in Court.
Until the Duty Counsel arrives, you do not have to answer any
questions from the Police if you do not wish to do so.
The duties of the Duty Counsel end after your first appearance at
Court. You must now apply for Legal Aid for any further assistance
(see below). Please contact the Legal Aid office for further
information (922-0080-9).
Legal Aid in Court
If you are charged with a criminal offense, you have the right to
apply for assistance to obtain legal representation. This Attorney
will prepare your case and represent you during the trial.
Who has the right to Legal Aid?
Legal Aid is provided for those who can prove they do not have
the funds to pay for an attorney. You may be asked to pay for a
portion of the fees. Legal Aid is NOT given for:
- Offenses under the Money Laundering Act.
- Offenses under the Dangerous Drugs Act (for manufacturing,
importing, exporting, taking preparatory steps to export,
selling or otherwise dealing in any dangerous drug and being in
possession, in excess of the specified amounts.
- Any offense not punishable with imprisonment.
Application Forms are available from any Police
Station, Post Office, Legal Aid Clinic and Court’s office. You will need proof of
income, savings, earnings and expenses. If you are under 18 years,
your parent or guardian or any other adult can apply on your behalf.
If you need help with the form, ASK FOR HELP at:
- A Court’s office;
- At a Legal Aid Clinic;
- From a Justice of the Peace (JP).
Please contact the Legal Aid office for further information
(922-0080-9) on Duty Counsel and Legal Aid.
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