AG proposes extended custody for gun suspects
Gun-crime suspects could be kept in custody for up to two months without charge if Cabinet approves proposals from Minister of Justice Kim Wilson.
She hopes that will give Police more time to gather valuable forensic evidence and expert opinion from overseas.
And those charged with firearms offences would be treated the same as murderers, without a "presumption in favour" of them being bailed.
Sen. Wilson's recommendations are part of get-tough proposals prompted by three Easter shootings that left one dead and three injured. If they're approved by Cabinet on Tuesday, they'll go to Parliament as soon as it reconvenes.
She told The Royal Gazette: "I will seek Cabinet's consideration and approval of providing for longer detentions for persons arrested for gun offences so as to allow the Police sufficient time to gather forensic evidence and the like, which oftentimes requires such evidence to be sent overseas for analysis."
At present, Police have just 72 hours to charge or release suspects after arresting them. Sen. Wilson who is also Attorney General said she's "still settling" the issue of how long this should be extended to, but it's likely to be "60 days, with reviews every three weeks".
Currently, persons charged in court with any offence other than murder have a presumption in favour of them being granted bail. However, the Bail Act says those charged with murder "need not be given bail".
For that reason, those accused of murder generally get remanded into custody unless the court can be persuaded, for example, that the death may have been an accident.
Sen. Wilson said if Cabinet approves her recommendations: "The Act will be amended to provide the same exception to bail for persons charged with a firearms offence as is the present case with charges of murder."
She revealed her detailed proposals last night, following news on Tuesday that she wants to give the Police the same powers as in the UK to keep tabs on those they've arrested and bailed.
That includes confiscating suspects' passports, placing them on curfews, prohibiting them contacting potential witnesses, and ordering them to report regularly to Police stations while the investigation continues.
Presently, such conditions can only be imposed after a person is charged in court making it hard for detectives to monitor those they're still investigating.
The Police have announced 17 arrests in connection with the seven gun murders in Bermuda in the past twelve months, but no-one has been charged in court.
One suspect has reportedly fled abroad while on Police bail. And detectives have frequently vocalised their frustration that they're not getting the witness testimonies they need to back up forensic evidence and charge people they've arrested.
Sen. Wilson said of her proposals to toughen-up bail restrictions: "This will greatly assist the Police in both the execution of their duties as well as provide for better control. The conditions are to ensure persons on Police bail prior to charge are required to do such things as not interfere with potential witnesses or otherwise obstruct the course of justice and remain in the jurisdiction, unless prior approval to leave is obtained from the Police etc. Furthermore, an offence will be created for persons who fail to abide by conditions for bail prior to charge."
She revealed that judges and magistrates have also been sympathetic to her plans to increase the sentences people can be given for gun crimes.
"I have liaised with the judiciary and (can) confirm their willingness to reflect the views of the public in their sentencing considerations in appropriate cases," she said.
