With the proliferation of cable channels, especially from the United States, readily available to most Jamaicans, some readers have enquired why sketch and photographs of prisoners are not published more often in the newspapers similar to the United States and other countries.
The enquiry was made against the background that in recent times, photojournalists or photographers and television cameramen from some of the leading media houses in Jamaica have been seen scrambling for positions to take photographs or video some of Jamaica's most wanted, when they attend court.
Against the law
It might be surprising to many that there is a prohibition in the law of Jamaica against photographing prisoners. In fact, the Criminal Justice (Administration) Act (hereinafter called 'the Act'), at Section 33 provides in clear terms that: "No person shall (a) take or attempt to take in any court, any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch of any prisoner; or (b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof."
Those who act in contravention may find themselves in serious trouble with the law. If convicted before a Resident Magistrate's Court, the convict may be fined or imprisoned with or without hard labour for a term exceeding one month. This might not appear to be very serious when compared to other crimes but to a photojournalist or a camera-man, this might be a terrible shock.
For the purpose of the Act, important definitions were given. For instance, 'Court' means any court of justice, which also includes the coroner's court while 'prisoner' means any person whether on bail or in the custody of the police who is charged with a criminal offence."
According to the Act, a photograph, portrait or sketch is taken or made if done in the court room or in the building or in the precincts of the building in which the court is held or if the photograph, portrait or sketch is taken or made while the prisoner is on his way to or from his way from the courtroom or any such building or precincts.
In light of the above, the only area of concern is whether or not a photojournalist or cameraman who stands outside the court house and makes a photograph, portrait or sketch of a prisoner going or coming from court, contravenes the law. The answer is yes, if done in the precincts or building of the court- room or the building in which the court is held.
From all indications, it would seem as if there is a 'blind eye' to the practice of photographing prisoners. But those who continue to breach the law or those who encourage such breach must be aware of the consequences, if charged and convicted.
Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by e-mail at knb@bishopfullerton.com.
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