BASSETERRE, St. Kitts - A cry that is regularly heard in many households and on the streets of the Federation is that the twin-island’s main law enforcement body, the Royal St. Christopher and Nevis Police Force (RSCNPF), abuses its Powers of Arrest.
But according to a retired Commissioner of Police (COP), the Powers of Arrest afforded to police officers must be properly understood.
Former COP Calvin Fahie - in an exclusive interview with SKNVibes - indicated that police officers could arrest individuals with or without a warrant and explained the circumstances under which that could be executed.
“Under common law,” he said, “the police have power to arrest for any felony committed in their view. At the same time, they have the authority to arrest for a felony on the report of a third party, which means that you report it to me and because it is in, let’s say, hot pursuit, even if the person runs into their house the police have the authority to follow them through as long as it is in hot pursuit. The police could even break down doors without a warrant, as long as it is in hot pursuit.
“If it happens at this moment and the person runs away, the police have the authority to follow them wheresoever they go, whether they run into their house or on any property for that matter, they have the authority to at least chase them down and arrest them. That is under common law. Then, if an individual reported right away that someone did them something, so long as it is within their (the police’s) grasp, they have the authority to go and take the necessary action.”
The former COP further explained that the Police Act also gives the police authority to arrest an individual without the issuance of a warrant, but specific conditions must be present.
“Under the Police Act, a police officer may arrest without warrant, any person he reasonably suspects as having committed an offence, and if alleged to have committed aggravated assault, or any case in which a police officer reasonably believes that the assault has been committed - although not in his presence.”
He reminded that a police officer - also under the Police Act - could arrest without warrant, any individual who obstructs or assaults a police officer while in the execution of his or her duty or any person who escapes lawful custody.
A contentious part of the police’s Powers of Arrest Doctrine is where they have the authority to arrest an individual and hold them for a maximum of 72 hours without charging them.
Some people have argued that the police have taken advantage of this particular privilege.
However, in his explanation to this contention, Fahie said: “The Constitution gives the police authority to arrest a person for 72 hours and release them without charging them, but it has to be on good grounds. If you feel like you have strong evidence but the person may not be talking, you release them for maybe a couple of minutes and then you commence another 72 hours. And even if you release them, you keep them under surveillance.”
Should an individual be arrested on a warrant however, the 72-hour clause does not apply. And in addition to the individual being charged, the police are responsible for getting that individual before the Court within a 48-hour period to either be granted bail or be placed on remand.
Do you think the police abuse their Powers of Arrest, or is there a lack of understanding of this Doctrine by some members of the Royal St. Christopher and Nevis Police Force?
