People caught for minor crimes such as possessing small amounts of cannabis can now be offered Police cautions saving them from a criminal conviction.

The initiative, revealed this week by Director of Public Prosecutions (DPP) Rory Field, prompted positive reaction from across the legal and political spectrum.

"A new cautioning policy, which is now in place, is trying to divert people away from the court system. It would mean that people wouldn't be recorded at first as criminals," explained Mr. Field.

The policy is aimed at "low level" crimes, and the culprit must admit to the offence in order to receive a caution.

"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. It could also be very low level common assault," he said.

A decision to offer a caution is based on a process involving points being totted up.

"It's done in a very structured pattern, using a matrix and guidance documents as well as policy documents, so it will be exactly the same principles applied to each person as to whether the caution should be given or not," said Mr. Field.

"The matrix depends on all sorts of things like whether there's a vulnerable person involved, the age of the defendant and all sorts of other things. If you score a certain number of points on the matrix, it becomes impossible for a caution [to be offered]."

Currently, people convicted of drugs possession face being put on the stop list by the US authorities, which means they cannot enter the States for educational or medical reasons.

The stop list is frequently cited by defence lawyers as a reason why Magistrates should mete out a conditional discharge, rather than record a criminal conviction against a defendant.

"What prompted it was the importance of focusing Police activity on serious criminality, on the one hand.

"The second thing is not criminalising people for matters for which it's not appropriate to criminalise them," said Mr. Field, who was speaking during a wider interview marking the start of his second term in office [see separate story].

The policy was developed in collaboration with the Police.

"It's very common in the UK, but having said that, one would have to be very careful to make sure that people are not cautioned in matters when they should be followed up through the courts," added the DPP.

Government race relations consultant Rolfe Commissiong has previously highlighted his concern that young black men in particular are being criminalised, and placed on the stop list, for small amounts of cannabis.

He said of the new policy: "Without having all the details which would allow me to make a more informed option, I would say at first blush that this news is welcomed. The criminalisation of Bermudians, particularly our young black males is far too high to give us any comfort as a society and, frankly, is disturbing.

"The decision to treat very minor assaults and the possession of very small amounts of cannabis in this fashion seems sensible to me. These offences have been the gateway offences within our system for the criminalisation of significant numbers historically."

Mr. Commissiong said he was wary of giving "outright sanction to drug use of any kind" through decriminalising it, as "this would simply send the wrong message to our young people".

However, he said: "If these types of proposed cautions can give individuals pause with respect to lifestyle choices which they have made particularly the young then it may do some good.

"Certainly, it can only produce societal harm if an 18- or 19-year-old is convicted of the offences under consideration, as it currently stands, and is then precluded through ineligibility from pursuing education and other opportunities in the US or even Canada. That scenario does Bermuda no good.

"Moreover, these proposals may also contribute to the building of trust between the Police service and the community at large."

He added: "We should not ignore that these potential policing changes have been driven to a large degree by the passage of the PACE (Police and Criminal Evidence Act) legislation. And the Government deserves credit for the passage of the bill and the positive changes to policing which the 'caution' initiative may herald."

Support was also expressed by defence lawyer and Bermuda Democratic Alliance MP Mark Pettingill.

"I agree entirely if anything, it's long overdue," he said. "Crime has increased exponentially over the last number of years and we don't seem to be getting to grips with it. And a lot of Police time is often used on minor cases at Magistrates' Court where the Magistrate ends up giving a conditional discharge. It's extending the power of the Police in a sensible way."

Defence lawyer Charles Richardson who was recently convicted himself of cannabis possession has previously spoken out in favour of decriminalising the possession of small amounts of the drug.

He said of the new policy: "I think that is a very wise move for the DPP to make. Not only will it save resources, he also alluded to directing people away from a process that often leads to institutionalisation."

Mr. Richardson added that he would like to see cautions combined with orders, where necessary, that a person receives intervention such as counselling.

Shadow Attorney General and Justice Minister Trevor Moniz said he would like more details but finds the initiative interesting.

"I would support the idea of possession of small amounts of cannabis being downgraded and this may be a way of doing it administratively. We must still be aware of heightened penalty zones around schools and whether people are 'pushing' drugs on minors," he said.

"With respect to the stop list, the US consulate have always said that they regard it seriously because we regard it seriously, so that if we reduce the seriousness of simple possession of small amounts of cannabis, we should be able to circumvent the 'stop list' problem.

"Subject to seeing the guidelines, this is not something which I would reject or oppose on a trial basis subject to taking guidance from my Caucus on the matter."

Progressive Labour Party backbencher Ashfield DeVent, who is also a court reporter for VSB news, said he'd noticed a trend recently of Magistrates handing out conditional discharges in such cases anyway.

"This makes a whole lot of sense to me," said Mr. DeVent, who supports decriminalising the possession of small amounts of cannabis for personal use.

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