Despite anything that might have given the impression that the police could introduce a new video identification (ID) system for suspects in criminal cases, the Government was correct in law to halt a practice which was obviously ultra vires.

Rules regarding ID parades were gazetted as sections 552-554 of the Jamaica Gazette Extraordinary on July 29, 1939. These rules formed part of the notification issued through the Colonial Secretary by the command of Governor A.F. Richards.

The rules of practice had statutory and constitutional force because the Governor in the Privy Council rescinded all previous rules under section 28 of the Jamaica Constabulary Force (JCF) Consolidation and Amendment Law 1935 and substituted different rules.

Cannot alter rules

When Jamaica became independent, the power to amend these rules devolved to Parliament and further on orders directed by the responsible minister. Several changes have been made to the body of procedures leading to the last set ordered in 1988 by Errol Anderson, minister of national security.

The JCF cannot alter these rules as a matter of course by itself or through ordinary correspondence with a minister or ministry.

The 1988 expanded procedures on ID parades, as set out in the Book of Rules which guides the JCF, deals exclusively with the traditional method of viewing persons in the flesh through a one-way mirror. If these rules are to be changed, there are several implications inherent in those changes. More important, though, any additions, changes or substitutions of existing rules and procedures governing ID parades must first have Parliamentary approval as well as gazetted ministerial directive.

I am, etc.,

GLADSTONE WILSON

Attorney-at-law

mapletoft@hotmail.com