wrist by a judge is almost commonplace in Britain.

It has also provided plenty of fodder for Fleet Street newshounds -- and sent the blood pressure of right-wing Conservatives soaring.

But will the nightmare happen in Bermuda? There is little doubt Britain's Criminal Justice Act of 1991 -- parts of which could be adopted for Bermuda -- is an utter shambles.

And the debate on this side of the Atlantic is hotting up as much as it has done in the UK.

One of the authors of the legislation is also nearer to home than many Bermudians probably realise.

Governor Lord Waddington, an old fashioned hanging Tory with little time for "woolly minded liberals'', has been put in the dock by Britain's right-wing press for his role in the debacle.

With him is Foreign Secretary Douglas Hurd, as well as Education Minister John Patten, and his predecessor Kenneth Baker.

In the UK, the Act has been dubbed the most incompetent piece of legislation since the hated poll tax, widely blamed for putting the skids under ex-Prime Minister Margaret Thatcher.

Magistrates have resigned in disgust, and a political storm of fury has forced Government to contemplate wholesale changes.

The driving force behind the Act was the need to empty prisons -- a need very much reflected in Bermuda with its disproportionately black prison population.

Two segments of it have come in for particular flak in the UK.

First, a system of means-tested fines which has led to poverty-stricken crooks escaping virtually scot-free, and well-paid criminals being hit by enormous penalties for the same offence.

And second, magistrates being barred from taking into account previous offences, meaning they had to give the same sentence to someone committing his first or 50th offence.

Some English newspapers have pointed an accusing finger at a new breed of Home Office mandarins for being behind the legislation.

Such people have been unkindly characterised as chirpy individuals with suede shoes and second class degrees in social studies, and a boundless compassion for criminals.

Yesterday the British Government announced a fresh shake-up of sentencing policies was in the pipeline.

And today Bermuda's House of Assembly will resume its highly-charged debate of Judge Stephen Tumim's report calling for a sea-change in Bermuda's justice system.

A key recommendation is "the adoption to Bermudian needs of the code of non-custodial sentences in part of part 1 of the Criminal Justice Act 1991 (UK).

The Bermuda Government has announced it will be reserving its position on this recommendation until the UK sorts out its own mess.

But the sedate tone of Minister of Delegated Affairs, the Hon. Sir John Sharpe, who introduced the Tumim report to MPs, was not matched by all his colleagues.

Deputy Premier and new Works Minister the Hon. Mrs. Ann Cartwright DeCouto nailed her own colours firmly to the mast.

The veteran lawyer was scathing in her condemnation of the Act, saying it was now accepted as a "grave error'' in Britain.

She declared: "It is my firm view the discretion of the judiciary should not be tampered with.'' Mrs. Cartwright DeCouto said she did not support a blinkered approach of "lock 'em up and throw away the key''.

But stiff sentences should be meted out for some offences, such as rape. The public demanded it.

Outspoken Shadow Environment Minister and lawyer Mr. Julian Hall has his own suspicions.

He is also furious at Government for dragging its heels on a move towards non-custodial sentences -- the very foundation of the Judge Tumim report.

"This is the centrepiece of the Tumim report. It is what the report was commissioned to do.

"Initially to find ways of reducing Bermuda's prison population, particularly the number of black people imprisoned.'' There is no doubt, he said, the UK legislation was poorly drafted.

A classic example was the part forcing magistrates to act in blinkers by not taking into account previous offences.

This has provoked understandable controversy in Britain.

"I think it's silly and an example of bad drafting. Clearly you need to take into account previous offences.'' But poor drafting should not cloud the principle of the legislation -- to move away from punishment and retribution, and to embrace rehabilitation.

"The law would require that a prison sentence must be viewed by magistrates or judges as a last resort,'' he said. "And the law would require that the judge will ask himself a series of questions about the offence as well as the offender.'' Mr. Hall emphasised Judge Tumim did not urge Bermuda to copy Britain's legislation wholesale.

Instead, Judge Tumim, no doubt aware of the British controversy, called for the legislation to be adopted for Bermuda's needs.

Now was a "golden opportunity'' for Bermuda to put the focus on treatment programmes, he said.

Currently, Bermuda was encouraging recidivism and criminality through its kneejerk desire to lock its citizens up.

"Our community loves to imprison,'' said Mr. Hall.