Law allows deadly force against fleeing suspects — Chuck
CORAL SPRING, Trelawny — Acknowledging that his remarks may draw criticism, Minister of Justice and Constitutional Affairs Delroy Chuck urged Jamaicans to cooperate with the police, warning that law enforcement officers are legally authorised to use reasonable force — including lethal force — even against a fleeing suspect if it is the only available means of stopping them.
“And, as I’m saying, if the person is trying to escape and the only way to apprehend the person is deadly force, it is still reasonable force in the eyes of the law,” Chuck asserted.
Speaking during last Friday’s Alternative Dispute Resolution Policy Development and Estate Planning Public Education Forum, held at Ocean Coral Spring in Trelawny under the theme ‘Resolving Disputes, Securing Legacy’, Chuck explained that, under the law, police officers are permitted to use reasonable force against suspected felons.
“What is more, if the police suspect that you’re a felon, the police can use such reasonable force to apprehend you,” Chuck declared.
“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,” he added.
The justice minister underscored that maintaining law and order remains one of the Jamaica Constabulary Force’s most difficult responsibilities.
“And I just want to emphasise that the police is the only power source in our country. They have the power, which they must exercise. And we emphasise, and I will repeat, that they must use it — that discretion of power — in a very harmonious manner,” Chuck said.
But the government minister was also quick to underscore that the level of force used must depend on the circumstances confronting the officer.
“If the man attacks the police with a toothpick there’s no reason to shoot him, but if he attacks him with a deadly weapon when he’s trying to arrest him then you use such reasonable force as is needed,” he said.
He urged the public to comply with instructions from the police during arrests, arguing that any concerns about unlawful actions by law enforcers should be addressed through the courts.
“When the police say, ‘You’re under arrest,’ you must surrender. You can’t fight. If you fight and resist the police order that you’re under arrest you will be charged for a second offence for resisting arrest,” he explained.
“So, from the police tell you that you’re under arrest, you surrender right away and you say, ‘Okay, I surrender, but I will see you in court.’ If the police have arrested you wrongly you can sue the police for false imprisonment,” Chuck added.
His comments come amid heightened public concern over a recent uptick in fatal police shootings, including the killing of Latoya “Buju” Bulgin in the Granville community of Montego Bay, St James. The Independent Commission of Investigations has reported 133 fatal shootings by the police since the start of the year.
The incident has sparked outrage and protests within the community. One demonstrator told the Jamaica Observer that Bulgin had attempted to turn off the engine of a Toyota Voxy motor vehicle when the van reportedly moved and an officer opened fire.
Although Chuck did not reference any specific incident during his address, he repeatedly urged Jamaicans not to interfere with police operations.
“So that message, everyone, must go clear and straight across Jamaica: If you think the police have acted with unreasonable force, take it to the court — but the police have a duty and an obligation to ensure law and order,” he said.
“And I hate to see when communities start to take on the police, and fighting when they are trying to apprehend someone. We need to stop it! We need to stop it!” Chuck added.
The justice minister told the justices of the peace and other stakeholders that many citizens fail to appreciate the challenges law enforcers face daily while carrying out their duties.
“There are people who feel the police shouldn’t speak to them, and… when the police speak to them, they start abusing the police,” he stated.
