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Judge says DPP can be sued for not publishing ‘caution’ policy

The Centre for Justice is taking the Director of Public Prosecution (DPP) to court over his refusal to detail a caution policy intended for minor offences.The DPP, Rory Field, announced in October 2010 the policy was in effect, but the Centre said the guidelines must legally be published.Venous Memari, Managing Director of the Centre, said that under the Police and Criminal Evidence Act 2006 the DPP is able to establish guidelines for cautioning minor offenders depending on a variety of factors.“That same section also requires him to publish the guidance and any revisions to that guidance,” Ms Memari said.“The DPP’s refusal to publish the guidance is contrary to the letter and spirit of the Act.“Our view is that this matter is of general public importance and in keeping with our organisation’s mandate to protect the rule of law in Bermuda.”In a brief hearing earlier this week, Chief Justice Ian Kawaley granted the Centre a full hearing on the matter in due course.Mr Field has not responded to a request for comment as of press time last night.Announcing the policy two years ago, Mr Field said it was developed as a means to divert people away from the court system so they are not recorded at first as criminals.“It could be, for instance, possession of cannabis as a first time offence as a small amount, if there was nothing else aggravating the circumstances,” he said. “It could also be very low level assault.“It’s done in a very structured pattern, using a matrix and guidance documents as well as policy documents, so it will be the exactly the same principles applied to each person as to whether or not the caution should be given or not.”Currently those who are convicted of drug offences risk being placed on the stop list by US authorities, meaning they cannot enter the US for educational or medical purposes.