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Police manpower shortages may thwart PACE laws ? Dunkley

Michael Dunkley

An Opposition MP yesterday warned how Police manpower shortages might make it impossible for the Service to implement sweeping new legislation.

Shadow Home Affairs Minister Michael Dunkley raised concerns Police would not be able to put the Police and Criminal Evidence Act 2005 (PACE) fully into effect because of officer shortages.

And has learned the long-awaited bill ? due to be debated in the House of Assembly tomorrow ? will be put off until a special session on Monday because Home Affairs Minister Randy Horton will be off the Island on Friday. "It is important we get this right," Mr. Dunkley said yesterday. "There is a lot of concern in the community about the Bermuda Police Service. This bill will be a drastic change in the way the Police do business.

"Will they be able to implement and practise it effectively?" he asked. "They will have to conduct themselves differently."

The new powers give Police the right to stop and search people for stolen and prohibited articles.

Currently officers are only able to do this if they have suspicion there are firearms or narcotics, while they can also hold up people thought likely to be driving under the influence.

There is also a provision forbidding detention without charge after 24 hours ? unless someone at least of the rank of Chief Inspector has extended it to 36 hours. A Magistrates' Court can extend that further, although the limit of detention without charge is 96 hours. And a dedicated custody officer, whose sole job will be to monitor prisoners throughout detention, will review a suspect's case after six hours.

The UBP said it supported the weighty, 109-page PACE bill, Mr. Dunkley said - but many issues still needed to be clarified in the long-awaited act.

"PACE is a huge piece of legislation," Mr. Dunkley said. "It has been talked about for a number of years, so it is not a new concept as it has been implemented in the UK for many years."

Mr. Dunkley asked whether the current facilities of the Bermuda Police Service, for example, a dilapidated Hamilton Station, would affect Police's ability to function under PACE.

"We have been promoting for years the renovation of that building," he said. "It remains to be seen whether that will affect their abilities.

"These are serious questions," he said. "PACE means that manpower will be focused on again. It remains to be seen whether the current lack of manpower will have an impact."

A recruitment warning was recently fired by Commissioner Jonathan Smith, who revealed there were currently 30 vacancies in the force. Radical measures should be considered to help boost crime-fighting ranks, he said, adding that a recent recruitment drive saw less applications than there were to fill posts.

On the same day, the Commissioner warned of the major overhaul facing the Bermuda Police Service when PACE is rolled out.

He said it would completely modernise arrest procedures, detective work and how evidence was obtained from suspects. And in some parts of the UK, where the act is already in place, he warned PACE had led to more red tape and prevented officers getting out on the streets.

Mr. Smith, in a Rotary Club speech, said the legislation could have the most dramatic effect on how the service operated since the Criminal Code Act almost 100 years ago. Training demands in the wake of the new law will be "significant" and six new staff posts are due to be created to deal with the extra administration.

Meanwhile, Mr. Dunkley said he expected a full day's debate in Parliament on PACE.

As a result of Mr. Horton's absence Mr. Dunkley said he did not think PACE, a Criminal Law Act 2005 and an Interpretation Amendment Act 2005 would be debated on Friday, but they would be dealt with in a special sitting of the House on Monday.

"The Minister approached the Opposition Party Whip last Friday and said he will be off the Island from Thursday," Mr. Dunkley said.

The Shadow Public Safety Minister expressed disappointment he would be unavailable on Monday, and said Opposition House Leader John Barritt, Shadow Attorney General Trevor Moniz and Minister Without Portfolio Maxwell Burgess would debate the bill in his place.

The Criminal Law Act 2005 abolishes the distinction between felonies and misdemeanours, increasing Police powers of arrest.

The Interpretation Amendment Act 2005 redefines the meaning of "summary" (Magistrates' Court), "indictable" (Supreme Court) and "triable either way" cases.

Mr. Horton was not available for comment at the time of going to press.