A/HRC/16/52/Add.3 prohibition in section 17(1) as long as it concerns punishment that was legal at the time the Constitution was drafted. 13. There are several legislative provisions prohibiting the excessive use of force, although the only explicit prohibition of torture is found in the Constitution. For example, section 22 of the Offences against the Person Act (1864) criminalizes the infliction of serious bodily harm to another person. 14. Despite existing provisions prohibiting the excessive the use of force and inhuman treatment, there is no definition of torture as a crime in domestic legislation. This may be the reason why during the mission, the Special Rapporteur observed that the term “torture” is not part of the Jamaican lexicon. However, the absence of a crime of torture in the law does not mean that it does not exist in practice. 15. The Constabulary Force Act (1935) governs the general treatment of persons deprived of their personal liberty. This includes treating them with kindness and humanity2 and not using harshness or unnecessary restraint towards them. 3 Section 15 of the Corrections Act (1985) states that a correctional officer may only use force against inmates when preventing escape, preventing harm to another life or in self-defence. The resort to the use of force should be only if other means are not available, and the use of a firearm should, where possible, be accompanied by a warning, used under the instructions of a superior officer, and be used to disable and not kill. 16. With regard to procedural safeguards, the Constitution provides for the right to be informed of the reasons for arrest “as soon as reasonably practicable” (section 15(2)); the right to be brought before a court “without delay” (section 15(3)(b)); be tried within a “reasonable time” (section 15(3)(b)); and the right to have a case reviewed by an impartial tribunal after six months for persons detained during a period of public emergency (section 15(6)). 17. According to the Constabulary Force Act, a person may be detained “upon reasonable suspicion that he is in the course of committing or has committed or is about to commit an offence” (art. 50(B)). The Act also provides some safeguards that also apply for arrests based on warrants, including the right to be immediately informed of the reason for the arrest or detention and the right to be taken forthwith before a justice of the peace, who will determine whether there are reasonable grounds for arrest and detention (art. 50(F)(2)). According to section 50(G)(1) of the Constabulary Force Act, “forthwith” denotes within 12 hours. If the justice of the peace considers that the arrest or detention is required in the interest of justice, he can order that a person be remanded for 24 hours, after which the detainee is taken before a resident magistrate. A resident magistrate, however, never reviews the legality of an arrest per se. 18. For cases concerning detention when there is intent to hold an identification parade, section 63(A) of the Judicature (Resident Magistrates) Act applies. According to the Resident Magistrates Act, a magistrate is to make enquiries at least once a week into each person detained pending an identification parade. At that time, the magistrate may extend the remand period or order that the person be taken before a court within 24 hours. However, there are no limits in the legislation to the time either an adult or a juvenile may be held in custody pending an identification parade. 19. According to the Bail Act (2000), any detained individual has the right to bail immediately upon detention at a police station. If an individual is not charged within 24 hours, a determination on bail is made by the justice of the peace or a resident magistrate (section 3(2)). Where individuals are charged with murder, treason or treason-felony, bail 2 3 6 Rule 156. Rule 522.