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New stop and search and citizen arrest laws are proposed

Members of the public will be authorised to make a citizen's arrest under proposed new legislation.

Police officers will also be given the power to stop and search for knives under the Police and Criminal Evidence Amendment Act 2008.

Government has tabled a Bill for amendments to the Police and Criminal Evidence Amendment Act 2005, which aim to effect "more efficient handling of criminal evidence".

The Bill proposes Police be given the authority to stop and search persons for "bladed articles", in addition to stopping people suspected of carrying stolen items.

But officers must provide their service number as well as their name and station to anyone stopped and searched in a public place.

Other Police powers include the right during a stop and search to ask the person to remove their helmet or headgear - an amendment introduced because of the number of motorcyclists in the country.

But the Bill repeals subsection 5 of section 17 of the 2005 Act, which deals with Police powers of entry without warrant when breach of the peace is suspected - "because of the uncertainty about its application in Bermuda".

Other proposed amendments seek to empower civilians in the enforcement of law and order. Under section 23 (5) of the Act, civilians would be authorised to arrest a person if they had reasonable grounds to suspect they have committed an offence.

And civilians employed by the Bermuda Police Service will be authorised to take fingerprints or photographs of persons in Police detention, under permission from the Commissioner of Police.

Other proposed amendments to the Act include the presence of an adult when teenagers aged 16-18 are to undergo drug testing samples by Police.

Section 73 of the Act is also amended to issue Codes of Practice in relation to the exercise of statutory powers of arrest without a warrant.

It introduces a new Code "to cater for instances when Police return with a suspect to the scene of a crime under the exercise of special interview procedures outside of Police stations".

The Minister of Justice must also consult the Director of Public Prosecutions when issuing or reviewing the Codes of Practice.

The Bill also seeks to rename the offence of 'kidnapping' to 'deprivation of liberty' - "as this type of offence is defined under the Criminal Code as 'deprivation of liberty'".