As we approach this opportunity to let our candidates know what is important to families the Coalition for the Protection of Children has shared its 2017 Legislative and Policy Agenda. These 37 recommendations reflect what we hope all candidates will embrace. Contained are issues related to education, healthcare, employment, housing, family support, prison reform, law enforcement and the handling of child-abuse cases.

The recommendations are being published over three days. We hope you will talk to your potential Members of Parliament about the recommendations that you support.

This is our opportunity to have a voice to make sure our children have a chance to be the best that they can be.

Today we feature the third and final part of the agenda.

Prison reform and public safety

18, Expand drug and alcohol treatment programmes in both the Co-Ed and Westgate facilities sufficiently to service the 85 per cent who require it

There is no drug treatment programme at the Co-Ed prison at present and the programmes operated at Westgate are intermittent because of the difficulty in finding and holding qualified treatment staff.

19, Sex offenders who do not take the “sex offender treatment programme” should be held in custody for the rest of their sentence

The recently released paedophile John Malcolm White, under the existing prison rules, could have been held in custody until the full expiration of his sentence four years from now. Prison rule 32(c) 2 gives the Commissioner of Prisons the power to charge an inmate with an offence for not participating in a designated treatment programme. Such an “offence” provides for loss of remission, which could take away the inmate’s “right” to unsupervised release after two-thirds of his sentence. In this case, the parole board did not release John White; instead he walked out of the prison door a free man with no parole oversight whatsoever.

While we are strong supporters of restorative justice, refusal to engage in rehabilitative programmes pretty much waives one’s right to leniency. We know from an abundance of research that paedophiles have no hope of returning to a normal life without long and highly specialised treatment, and that just like addicts they are never totally cured but require continuing therapeutic support well after release.

20, Make the identities and whereabouts of released sex offenders available to the public

Reluctance to make available to the general public the names and locations of such released, untreated sexual offenders amounts to protecting them at the expense of our children. Provisions exist in law for public notification of information on sex offenders under section 329H (2)(d). The protocol may include notification to the public and identifying information, including a photograph, as the minister may determine. The provision up until now has never been used with the recent exception of The Royal Gazette on November 12, 2016. While we are not necessarily advocating such a level of broadcasting, it is essential that the photograph and whereabouts are available to the general public in a central location. such as police headquarters.

As it stands, all of the people charged with sexual offences have their identities protected until they are found guilty — unlike any other category of offence; murder, for example. Additionally, many continue to be protected from having their names published even after conviction if their victims are related to them.

21, Consider releasing the names of those charged with sexual crimes

We must ask why individuals charged with sexual offences — when the victim cannot be identified by such publication — are so protected. Indeed, this does not have to be the case while section 32 9(c)(1) prevents any publication of the name of a person so charged, section 329(c)(b) makes an exception to this and allows the judge hearing the case to overrule that clause and allow publication if they believe “that it is in the public interest that the restrictions [on publication] should be removed or relaxed”.

We are not aware of any cases in Bermuda in which a judge has taken advantage of this subsection and allowed publication at the point of charge despite some horrendous cases involving the violent sexual exploitation of children.

Magistrates and judges should be encouraged to take note of this provision unless, of course, the identity of the victim could be compromised by doing so.

22, Stop the practice of automatically releasing violent offenders after two-thirds of their sentence

This practice allows dangerous offenders to avoid rehabilitation programmes and return to the community without the benefit of parole supervision. By enforcing section 32(c) 2 of the Prison Rules 1980, “a prisoner shall be guilty of an offence against prison discipline if he refuses to participate in a specified training, educational or rehabilitation programme when required to do so by the commissioner”. A prisoner refusing to engage in the violent offender or sexual offender treatment can suffer loss of remission and be held until their full sentence has expired.

23, Expand the violent offender and anger management programmes in the prisons using properly trained psychologists to deliver these programmes

These programmes should be made mandatory before consideration is given for parole for offenders incarcerated for violent or sexual crimes.

24, Mandate post-release violent and sexual offender treatment programmes as part of parole stipulations for offenders who fall into those categories

Notwithstanding the provisions in Recommendation 20, even if offenders are held for their full sentence they will still be released without treatment. It follows that if they are deemed to present a continued danger to the community that they remain under supervision for the remaining period of their life in the community.

Law enforcement and the judiciary

25, Stop the practice of incarcerating individuals who are unable to pay off debts. This amounts to a debtor prison and has no place in a civilised society

Uninsured women who are unable to pay medical bills are routinely threatened with incarceration for “contempt of court”. This practice should stop.

26, Put a greater focus on the training and oversight of the police force

This is particularly the case in areas that serve the vulnerable persons category. To all intents and purposes the Vulnerable Persons Unit has been disbanded and officers are called in on an as-needs basis. The department operates in name only.

This is a grave injustice to those requiring specially trained and sensitive officers. Additionally, the office, once re-established, should be located in a separate building, and in a welcoming and nurturing location, especially for questioning child victims and victims of sexual abuse. This used to be the case in the past and one must ask why there is a reduction in resources to this function.

27, Provide adequate resources for the Police Complaints Commission

The PCC has an enormous backlog, with some officers having received multiple complaints yet to be investigated, largely because of a lack of resources to hire proper support staff. As of this writing, one officer has 13 outstanding complaints that remain uninvestigated.

28, Develop victim assistance programmes

Programmes must address the emotional, psychological and economic issues presented by victims. Reverse the decision to cut funding for the victim compensation programme.

Cases of Child Abuse

29, Ensure that child victims are protected in court

In cases of child-abuse prosecution, the court should provide victims with the option of testifying from behind a screen, via closed-circuit video in another room, or Skype from another location.

A screen was provided 15 years ago by the coalition, but is used only intermittently. No child should have to testify while the alleged perpetrator is in their line of vision.

30, Revise legislation to incorporate the Kuhn decision

A hearsay exception should be codified recognising the admissibility of testimony by those who have received sexual-abuse disclosures from children. The Kuhn decision, which allows for this in Canada, can be adopted in Bermuda.

31, Ensure that cases involving children are not protracted by long delays

Expedited hearings when children are witnesses should be mandatory. More than six months between charge and trial should be unacceptable for children’s cases.

32, Accompaniment for children

Child witnesses should be permitted to have a neutral person accompany them to the witness stand and stay with them during their testimony. This should include non-offending parents.

33, Prevent badgering of child witnesses

The prosecution should be prohibited from conducting lengthy and accusatory cross-examination of child witnesses.

34, Review requirements for corroboration

A relaxation in the requirement for corroboration of child testimony so that, in the absence of medical or other corroborating evidence, the judge can hear a child’s evidence and assess its credibility and how much weight it deserves.

35, Serious cases of child abuse must be automatically heard in Supreme Court

There should be an automatic move to Supreme Court in cases of serious sexual or physical molestation or assault of children. This decision should not be left to a magistrate.

36, Sentences should reflect the seriousness of the impact on children

There needs to be an increased recognition by the prosecution and the judiciary of the seriousness of these offences and the length of time that is required for a convicted offender to be treated successfully within the prison system.

37, Better co-ordination of child testimony

Children should not be required to tell their story more than once and to more than one person throughout the investigation.

• Sheelagh Cooper is the chairwoman of the Coalition for the Protection of Children

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