The Court of Appeal Amendment Act 2010 received the support of the House of Assembly and a word of caution from a former top Police officer.

Progressive Labour Party backbencher Wayne Perinchief expressed concern that "political considerations" had crept into the bill and questioned the effect that might have on those affected by it.

Mr. Perinchief said that while he supported the double jeopardy amendments, he hoped the legislation could be amended in the future. "As you all know, justice allayed is justice denied and truly the wheels of justice turn slowly and in this case very slowly. We have argued long and hard about what the effect of what this bill will do as far as carrying out justice.

"It would appear to me that political considerations have crept into this bill and I support this bill in this form for the sole reason that it's a first step.

"I am in great pains as to understand that despite the fact that we have a precedent set in almost every jurisdiction that we have researched that we have failed to go by legal precedent."

The bill's impact was another cause for concern, he said.

"I have heard lawyers address this matter but I would want to hear from the ordinary person who is daily affected by the outcomes of prosecutions which don't come about because of, perhaps, a lack of evidence or because of a directive to a jury on point of law.

"We err if we don't bring about a comprehensive piece of legislation to address this issue. I will vote for this legislation but I would hope that immediately in the passage of this bill, I would hope that as soon as it's practicable that we will bring forward amendments that would bring this amendment forward to this 2010 century."

Shadow Attorney General John Barritt said: "Here today the Government has come forward with this bill. There's no question that this is a significant step that we're being asked to take here.

"I would like to hear more with respect to this bill. We're not being asked to do anything new here. This is something that's been adopted in other jurisdictions. The important thing here is you keep your eye on what's important for the community. One of the issues I hope the minister would be introducing, I would have spoken to the issue of consultation.

"When I first proposed my amendments I did go to the Bermuda Bar and ask an opinion and they were divided on the issue."

Bermuda Democratic Alliance MP Shawn Crockwell applauded Attorney General Kim Wilson for bringing the bill forward but he too believed it did not go far enough.

"Nobody in the bar [legal community] I have spoken with understands why it only pertains to murder and premeditated murder," Mr. Crockwell, who is a lawyer, said. "I cannot wrap my head around it. To say in one or two circumstance we want to make sure we get it right, but someone who has committed grievous bodily harm and left someone paralysed, that person would not be punished if new evidence comes to light; it is befuddling."

He said he believed the bill should be applied to all violent offences.

Heath Minister Walter Roban said he believed it was important the Government was taking small steps when it came to double jeopardy. "Taking someone back to the dock is a very serious matter, it should not be taken lightly."

Shadow Works Minister Patricia Gordon Pamplin said: "No right thinking person would want to see an innocent person convicted because of some miscarriage of justice.

"Let me be very clear a murder victim is dead. If we come back with compelling now evidence and we say it's OK to have a retrial, we're satisfying the family members, we're satisfying the community and we understand that and we support that but Mr. Speaker what experience can a victim have when a woman who may have been raped brutally has to see her attacker walking the streets and to some extent being taunted by that individual and know that nothing can be done because justice has been miscarried?

"Can we as legislators put our heads on our pillow comfortably knowing that a woman who is walking to streets can see her attacker and know that nothing can be done? Can that be right?"

Deputy Premier Paula Cox said: "Let me start off by saying I would like to give credit to the Honourable Member not just who brought the bill but Wayne Perinchief.

"He has credibility as one who has worked in law enforcement. I think that people have to be very careful not to overplay their hand. Let's not pretend that life is pretty. I can see in my eyes but I can see the grand dame of criminal justice and she would shudder if she was here today to see what we were planning to do.

"It doesn't mean that the position can't change. We at this stage are not prepared to go further than that."