The newly appointed Commissioner of Police Rear Admiral Hardley Lewin’s expressed intention to spearhead a crackdown on abuses of the Noise Abatement Act has been largely met with muted optimism liberally doused with flagrant skepticism. This after years of a now jaded public being buffeted by pious platitudes and equally unfulfilled promises from previous leaders of the security forces. Whereas the current response may well be patently unfair to the Commissioner, one of principal difficulties that his office faces is the perception of a less than arms length connection between members of the police force and several of the entertainment events, which have been operating with casual disregard for the tenets of the Noise Abatement Act. Indeed, it is a matter of public record, that in several reported cases, police personnel are either part of the entertainment Promoter’s inner-circle or at least provide off-duty security services at the venue.
This gives currency to the oft-quoted aphorism that “…it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”. In fact Lord Chief Justice Hewart in his judgement, further advised that “Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice”. Whereas these comments form the basis for the precedence, under English Law, establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision, prudence would dictate that the Jamaica Constabulary Force is guided by its far reaching applicability and implications.
Indeed whereas the Commissioner’s statement that "The matter of night noise is distressing not to just me personally, but to those people who have to suffer underneath it and we have to put a stop to it”, bring temporary solace to the “true believers”, it has to be followed up by meaningful initiatives with demonstrable successes, for the majority view to be swayed. Indeed, cognizance must be taken of the fact that persons which have been afflicted by Night Noises for a number of years have been further frustrated by the inability / unwillingness of the JCF to enforce the Noise Abatement Act (1997). In an apparent recognition of this, Rear Admiral Lewin continues “Clearly, we have to do a lot more than we have been doing now and change the way we have been doing it, and we are going to use means available to us."
While this stance is laudable, the Commissioner is also required to ensure that his subordinates enforce the tenets of the Noise Abatement Act impartially and in fact needs to spearhead an investigation geared towards the minimization of “moonlighting” by members of the Force, at these entertainment venues. Further, since several street dance operators are also guilty of illegally abstracting electricity to power their sound equipment, the implications for law enforcement are clear. Also, a far more judicious approach to the granting of permits by the police needs to be applied, as some of the more recent decisions are questionable e.g. approval for J’ouvert celebrations beginning at 2 am and seeking to route the Road March of the Jamaica Carnival through residential communities, in conjunction with the National Work Agency. Whereas in the case of the latter, good sense eventually prevailed, that is the sort of scenario which creates a loss of legitimacy for the Police Force. In the same vein, the Commissioner needs to review the oft-repeated “excuse” about jurisdictional encroachment, which seemingly precludes police officers not assigned to particular police divisions from intervening in instances of flagrant breaches of the Noise Abatement Act, in the face of inaction from those within the area. Similarly, the Police needs to be far more proactive in the process of granting of Spirit Licenses and other attendant licenses particularly to establishments which are repeat offenders under the Noise Abatement Act. Whereas the ultimate solution of developing designated entertainment areas in the midst of the commercial zones and far away from residential areas is outside the purview of the JCF, there is still tremendous room for improvement under the current dispensation.
Indeed, under the Noise Abatement Act it is an offence for a person to sing or play any noisy instrument at any time of the day or night so that the sound can be heard beyond a distance of 100 metres (328.1 feet) and can be reasonably capable of causing annoyance to persons in the vicinity. Similarly, the law also prescribes that any noise beyond 2am on weekends will be presumed to be a nuisance and deemed to be in breach of the law and be similarly actionable. Hence, strict enforcement of the tenets of the Law, may well be the only way to re-engage an already dubious citizenry, that has been chastened by the duplicitous behaviour of law enforcement, in treating with the issue of noise abatement, over a protracted period of time.
See Also
Commish Turns Attention to Night Noises
This gives currency to the oft-quoted aphorism that “…it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”. In fact Lord Chief Justice Hewart in his judgement, further advised that “Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice”. Whereas these comments form the basis for the precedence, under English Law, establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision, prudence would dictate that the Jamaica Constabulary Force is guided by its far reaching applicability and implications.
Indeed whereas the Commissioner’s statement that "The matter of night noise is distressing not to just me personally, but to those people who have to suffer underneath it and we have to put a stop to it”, bring temporary solace to the “true believers”, it has to be followed up by meaningful initiatives with demonstrable successes, for the majority view to be swayed. Indeed, cognizance must be taken of the fact that persons which have been afflicted by Night Noises for a number of years have been further frustrated by the inability / unwillingness of the JCF to enforce the Noise Abatement Act (1997). In an apparent recognition of this, Rear Admiral Lewin continues “Clearly, we have to do a lot more than we have been doing now and change the way we have been doing it, and we are going to use means available to us."
While this stance is laudable, the Commissioner is also required to ensure that his subordinates enforce the tenets of the Noise Abatement Act impartially and in fact needs to spearhead an investigation geared towards the minimization of “moonlighting” by members of the Force, at these entertainment venues. Further, since several street dance operators are also guilty of illegally abstracting electricity to power their sound equipment, the implications for law enforcement are clear. Also, a far more judicious approach to the granting of permits by the police needs to be applied, as some of the more recent decisions are questionable e.g. approval for J’ouvert celebrations beginning at 2 am and seeking to route the Road March of the Jamaica Carnival through residential communities, in conjunction with the National Work Agency. Whereas in the case of the latter, good sense eventually prevailed, that is the sort of scenario which creates a loss of legitimacy for the Police Force. In the same vein, the Commissioner needs to review the oft-repeated “excuse” about jurisdictional encroachment, which seemingly precludes police officers not assigned to particular police divisions from intervening in instances of flagrant breaches of the Noise Abatement Act, in the face of inaction from those within the area. Similarly, the Police needs to be far more proactive in the process of granting of Spirit Licenses and other attendant licenses particularly to establishments which are repeat offenders under the Noise Abatement Act. Whereas the ultimate solution of developing designated entertainment areas in the midst of the commercial zones and far away from residential areas is outside the purview of the JCF, there is still tremendous room for improvement under the current dispensation.
Indeed, under the Noise Abatement Act it is an offence for a person to sing or play any noisy instrument at any time of the day or night so that the sound can be heard beyond a distance of 100 metres (328.1 feet) and can be reasonably capable of causing annoyance to persons in the vicinity. Similarly, the law also prescribes that any noise beyond 2am on weekends will be presumed to be a nuisance and deemed to be in breach of the law and be similarly actionable. Hence, strict enforcement of the tenets of the Law, may well be the only way to re-engage an already dubious citizenry, that has been chastened by the duplicitous behaviour of law enforcement, in treating with the issue of noise abatement, over a protracted period of time.
See Also
Commish Turns Attention to Night Noises
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