THE RECENT TEAR gas incident involving the mayor of Kingston and St Andrew, Desmond McKenzie, and other mayors and supporters of the Jamaica Labour Party has sparked discussions about the law concerning marches and processions. The relevant legislation is The Public Order Act (hereinafter called "the Act").
With respect to marches, the wording of the Act is clear. Section 4 provides: "It shall be unlawful for any public march to take place in the night". And with equal clarity, section 6 provides: "It shall be unlawful for any public march to take place in daylight unless a permit has been issued in respect thereof". Daylight is defined by the Act as the hours between five o'clock in the morning and six in the evening, while night refers to the hours between six o'clock in the evening, and five o'clock in the morning.
Persons desiring to organise a public march in daylight must make the application three days prior to the march to the senior officer of the Jamaica Constabulary Force for all parishes excepting the Corporate Area where the application must be made to the Commissioner of Police. The application must contain information regarding the point of departure, the route and the point of termination as well as the hours between which the march will take place plus the number of persons who are expected to participate in the march.
An officer to whom the application is made may refuse or grant the application. Where the application is granted, the officer will issue a permit specifying the route and the times between which it shall take place.
The leader of a public march, not in accordance with a permit, any one appearing to be leader or one of the leaders may be called upon by an officer, not below the rank of corporal, to call upon the march to disperse. Failure of the leader to comply with the order of the officer could make him liable upon conviction before a Resident Magistrate's Court to fine or imprisonment or both fine and imprisonment.
Those who participate in public marches for which no permit is provided may also have problems with the law as section 11 of the Act provides that such person on conviction before a Resident Magistrate's Court may be fined or imprisoned. Persons who organise, attempt to organise or incite marches may also have problems with the law and could be fined or sent to prison, if convicted.
With respect to public meetings, the application for permit must be made at least 24 hours before to a senior officer of the Jamaica Constabulary Force or to a Resident Magistrate's Court or to the commissioner of Police, if the application relates to the Corporate Area. An officer to whom the application is made may refuse or grant the application. If the application is granted, the officer must issue a permit outlining the terms and conditions to be observed by all persons organising, speaking or attending the event.
Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton.
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