Chuck: Police empowered to use ‘reasonable force’ in arrests
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Police are legally permitted to use “reasonable force”, including deadly force in some situations, when arresting suspects, says Minister of Justice and Constitutional Affairs Minister Delroy Chuck.
Speaking last Friday at the Alternative Dispute Resolution (ADR) Policy Development and Estate Planning Forum at the Ocean Coral Spring Resort in Trelawny, Chuck defended the role of the police in maintaining law and order while urging citizens to comply with lawful arrests and pursue remedies through the courts if they believe their rights have been violated.
“When the police say you’re under arrest, you must surrender,” Chuck said. “You cannot fight. If you resist, you will be charged for a second offence — resisting arrest. So from the moment the police tell you that you are under arrest, surrender right away and say, ‘I surrender, but I will see you in court.’”
He noted that citizens who believe that they have been wrongfully arrested have the right to challenge the action through the legal system. “If the police have arrested you wrongly, you can sue the police for false imprisonment,” he explained.
Chuck emphasised that the law grants the police broad authority to apprehend suspects, clarifying that “reasonable force” may, in some cases, include deadly force. “That is not my law. It is the common law, reaffirmed in many cases over the decades, that if the police think you’re a felon and you’re escaping, they must use reasonable force to arrest you. That is a judgement the police officer must exercise.”
He stressed that the level of force must be proportionate to the threat faced. “If the man attacks the police with a toothpick, there’s no reason to shoot him. But if he attacks with a deadly weapon, then you use such reasonable force as is needed.”
The minister also criticised incidents in which community members interfere with police operations. “When the police are trying to arrest someone, and the community comes to fight the police, every single one of them could be charged for conspiracy and failing to obey police orders,” he said, noting that too many confrontations escalate unnecessarily because citizens refuse to comply with lawful instructions.
The ADR Policy Development and Estate Planning Forum, hosted by the Ministry of Justice and Constitutional Affairs, was the first stop in an islandwide consultation. It forms part of a public-education campaign aimed at promoting innovative strategies for conflict resolution, gathering feedback on the policy, and encouraging Jamaicans to embrace alternative legal mechanisms for peacefully resolving disputes outside the courts.