Sweeping reforms to the criminal justice system have been proposed, including shortening trials and new powers for the Department of Public Prosecutions to reopen old cases if “compelling new evidence” is brought before the court.

This latter aspect of Bills brought to the House by Attorney-General Trevor Moniz will not be retroactive — but the debate heard fresh mention of the infamous 1996 Rebecca Middleton murder case.

The Disclosure and Criminal Reform Act 2015 was opposed by the Progressive Labour Party, with MP Walton Brown calling it a fundamental abuse of process — and warning that the Opposition would have it repealed at the first opportunity.

Tourism Minister Shawn Crockwell said the DPP’s ability to reopen cases would rest only on “information that is not known today”, and said it could be used to acquit as well as to convict — but Mr Brown was not swayed.

Together with the Criminal Jurisdiction and Procedure Act 2015, the raft of changes were called “historic” by Shadow Attorney-General Michael Scott, who branded it reactive and rushed legislation.

Mr Scott said his jaw dropped at the unprecedented “effort to roll back so much so quickly in such a short space of time”, noting that there were aspects of the legislation that had been sceptically received by Police and the Defence Bar. The Royal Gazette also understands that strong reservations were put in a letter to the Attorney-General from the Bermuda Bar Association.

Of particular concern to Mr Scott were amendments to a criminal defendant’s right of silence.

Mr Moniz argued that the blanket rule to remain silent often hampered cases, including for defendants.

Mr Scott declared that the Opposition would give no support to any step to use the “adverse inferences” to be taken from a suspect’s refusal to answer “reasonable questions”.

The second Act would also do away with preliminary inquiries at Magistrates’ Court, sending them to the Supreme Court to weed out unmeritorious cases and thus freeing up the lower courts.

The two bills were extensive, and Mr Moniz said that the Attorney-General’s Chambers would be issuing a statement in the coming days in an effort to explain their implications.

Yesterday, he told the House that the Island’s outdated criminal justice system was in a “Neanderthal” state compared with other jurisdictions, adding that criminal defence lawyers overseas “can’t believe” how out of date Bermuda seems.

In other changes, Mr Moniz said that the shortening of trials was essential to making the criminal justice system more efficient, as well as saving money.

The legislation revises much of the rules governing the prosecution’s duty to disclose its case.

It also sets out new guidelines for the defence’s duty to prepare and serve a defence statement.

The Act has faced some opposition from the legal community, but Mr Moniz told MPs that the Island was historically insular and reluctant to make progress.

He described the legislation as a “sea change” that would need “tweaking” as it was put in place, adding that Government’s aim was to bring more legislation to the House that would move certain minor offences away from criminal penalties to civil penalties.

Among the other provisions of the Act are judges’ powers to case manage a hearing and that the Chief Justice can appoint a judge to serve in a dual role of trial and chambers case management judge.

There will also be new provisions governing case management in criminal proceedings.

Another section requires that a chambers case management hearing should be held before a trial indictment, although these hearings are optional in the case of Magistrates’ Court proceedings.

The legislation also introduces changes to the empanelling of juries. The judge will be able to appoint additional jurors, and can require the alternate juror to attend the presentation of evidence at trial, and allow for their substitution where an original juror is discharged.

Trials will also be able to continue if the number of jurors falls to nine, in which case a majority verdict may be taken by eight jurors.

Mr Scott told The Royal Gazette that the Bill undermined “fundamental protections of citizens facing criminal prosecution”.

“The Bill offends the old protection accorded to an accused person to have the state prove the charges against him or her, in that it requires in law that he or she reveal the basis of their defence to their accuser,” Mr Scott said.

“So we are offended and concerned on behalf of the citizens, even by the policy basis of introducing this Bill where there is no merit of doing so in this country.

“Because this policy initiative has been seen to be apropos in England is not a basis for being apropos in Bermuda, with no factual basis of making this type of departure.”

The Rebecca Middleton murder case could not escape mention, as the One Bermuda Alliance has called for striking down the double jeopardy provision to reopen it.

Last night Mr Scott told the House that “the Middleton lobby has prevailed”.

“It looks like it — I’m not saying that it is,” he added, calling for “broader and wider involvement and discussion” before reforms of such magnitude could be passed.

• For full ministerial statements, click on the PDF links under “Related Media”.