The first phase of sweeping changes to Bermuda's criminal justice system have come into effect, with new powers for the Police to take fingerprints and DNA samples from arrestees.

Powers of arrest were also boosted through the implementation of the first portion of the Police and Criminal Evidence Act (PACE), which came into force as of midnight yesterday.

Officers can now apprehend suspects for a wider range of offences than before.

Attorney General Kim Wilson heralded the news, telling the media: "PACE will provide our Police officers with new and varied powers to aid them in addressing the growing challenges we face when it comes to dealing with criminal matters. The act will also provide enhanced rights for individuals who find themselves in Police custody."

With a new survey showing yesterday that crime is the number one issue on the minds of Bermuda's residents (see separate story), Sen. Wilson also said: "While it's true that PACE will provide our hard working men and women of the Bermuda Police Service with the teeth they need to greater assist them in criminal cases, it also offers some protections to the public. In fact, a critical aim of this Act is to increase public confidence in the Police.

"The new legislation does this by providing clearer rules and procedures that Police must adopt, and protects the rights of individuals by enhancing Police accountability through transparency."

PACE was originally passed by Parliament in December 2005, with amendments passed earlier this year to iron out teething problems. The reforms are due in four stages.

Phase one, which came in yesterday, allows the Police to photograph people in custody for purposes of either identifying the person, or identifying them in connection to a particular crime.

The new rules also allow officers to take fingerprints and DNA samples from persons detained, charged or convicted of a "recordable offence' – an offence for which they could face a prison term. These will be stored, pending plans for a national database to be introduced.

High-tech fingerprinting machines have already been brought into Police stations to replace the old "ink and roller" method.

These allow the better quality prints to be stored as digital files.

Phase one also makes the use of video identification parades mandatory. The technique has already been in place for several months to replace the old-style line ups. The system uses computer technology to find appropriate library images, instead of Police officers having to hit the streets to find people to pose alongside suspects.

Furthermore, the Police now have powers to take "intimate and non-intimate samples" from people in custody such as blood and semen, in order to confirm or disprove their involvement in a crime.

According to Sen. Wilson, not only will this assist the Police, it will also offer protection to members of the public.

"Under phase one of the act, when Police exercise their new powers they are required to inform the person as to the grounds and reasons why that power is being used. These requirements must also be recorded on the person's custody record to be produced as evidence in any subsequent court proceedings," she explained.

The changes will reach into the law courts too, with new procedures relating to admissibility of certain types of evidence including computer records, expert witnesses and testimony of certain witnesses.

Phase two is slated for November this year and covers new powers to stop and search suspects, including the right to ask them to remove items of clothing such as crash helmets.

"Phase two requires Police to have reasonable grounds before they can search a person in a public place. Random searches without such grounds will no longer be possible and the person searched will be provided with a copy of the search form detailing why they were searched and by which officer," said Sen. Wilson.

Other new powers will allow officers to search unattended motor vehicles where they have reasonable grounds to believe they have prohibited articles in them.

Phase three, due to come in next March, covers the searching of premises and new guidelines concerning search warrants. At present, all warrants must be issued by a Justice of the Peace. In future, a Police inspector not involved in the case can authorise the searching of a property when a person has just been arrested. Another change will see audio recorded Police interviews replaced by video and audio taped interviews.

The final phase will have to wait until the new Hamilton Police Station is finished in 2010, because the old one does not have the facilities needed to address changes to the way people are treated in custody.

Sen. Wilson said: "Phase four of the act will notably increase Police accountability in relation to detention time limits for persons in custody. This aspect of the new legislation raises the standard of care of persons in custody and introduces additional rights to protect an individual. It is anticipated that the guidelines under this section of the act will significantly reduce the amount of time persons spend in Police custody.

"This Government considers this legislation to be all-encompassing, as it affords us a critical opportunity to implement significant legislative changes to address the challenges we face in our criminal justice system.

"I should also add that these new changes are welcomed and embraced by the Bermuda Police Service and the criminal justice system and it is hoped that PACE will contribute significantly to this Government's key objective of reducing crime and anti-social behaviour in our community."