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Law approved to support gang crime prosecution

Supreme Court (file photograph)

Legislation aimed at tackling gang violence by allowing greater anonymity for witnesses was passed in the House of Assembly last night.

The Justice and Community Safety Reform Act 2026, tabled by Dennis Lister III, the Junior Minister of Justice, also creates new offences intended to deter the assault or intimidation of court officials and penalties for wilful breaches of bail.

Mr Lister told the House that the legislation directly answers the island-wide call for action to address gang violence in Bermuda and ensure justice.

He said: “Bermuda is a community of neighbours.

“We are an island where families have lived side by side for generations, where we greet one another on our roads and where the loss of any one of us is felt by all of us.

“That is precisely why the escalating crisis of gang violence cuts so deeply. Behind every headline is a mother who has buried a son or a family who has been divided for ever into a before and after.

“Over the past two decades, this island has recorded more than 30 unsolved murders, which have been the product of gangs, guns and a corrosive culture of reprisal.”

Dennis Lister III, the Junior Minister of Justice (File photograph by Akil Simmons)

Mr Lister said that cases remained under investigation and members of the community hold the keys to bringing culprits to justice, but they often fail to speak out of fear.

He told MPs that the legislation was aimed at addressing that concern by offering greater protection to witnesses and those in the criminal justice system.

Under the law, the courts are able to make directions for investigation anonymity orders, giving anonymity to witnesses during the inquiry stage, and witness anonymity orders, which grant anonymity during criminal trials.

Mr Lister said that witness anonymity orders are not limited specifically to gang cases, but would be available for other serious arrestable offences.

However, he said that under the law, the trial judge would be required to warn jurors to ensure such orders do not prejudice the defendant.

The Director of Public Prosecutions would review the regime and report back to the House of Assembly in three years to confirm how the powers have been used.

The legislation will also create new offences for those who assault or intimidate judicial officers, including judges, counsel, legislators and — after an amendment put forward in the House — jurors.

Mr Lister noted that such incidents do occur, recalling a recent matter when a Crown counsel was threatened in court and another in which a magistrate was threatened.

He added that the legislation makes wilful or unlawful breaches of bail a criminal offence, stating that bail conditions are too often breached without penalty.

The amendments would also allow Magistrates’ Court bail to be referred to the Supreme Court by either the Crown or the defence.

Scott Pearman, the Shadow Attorney-General (File photograph by Blaire Simmons)

Scott Pearman, the Shadow Attorney-General, said that the Government was right to describe gang violence in Bermuda as a crisis and commended attention to the issue.

He said: “On this occasion, we are agreed on both sides of the House that this is a problem.”

While he praised most aspects of the legislation, including additional protections for those who work in the courts, he suggested that the witness anonymity orders should be limited to gang-related cases arguing that “serious arrestable offence” is too broad.

Mr Pearman suggested that by painting with such a wide brush, there is a risk that defendants might be left unable to face their accusers.

He put forward hypothetical examples, such as someone being accused of taking cash from the till at a bank and not being told who claimed to have seen them carry out the offence, or someone being accused of sexual assault not being able to know who made the allegation.

Michael Weeks, a former Minister of National Security, expressed full support for the legislation, stating that Bermuda’s laws must evolve to meet the challenges facing the island.

He said that one of the greatest obstacles in bringing culprits in gang cases to justice was fear rather than a lack of evidence.

Mr Weeks said: “In my experience, the evidence is there.

“People don’t want to give evidence. People are afraid to give evidence. People give evidence and then change their position.”

Jarion Richardson, the Shadow Minister of National Security, said the\at the legislation could be a useful tool in bringing offenders to justice by preventing witness intimidation, but warned that anonymity could also go against longstanding legal principles.

Mr Richardson noted that Bermuda’s small size would create technical hurdles for witness anonymity, stating that the island’s courts were small and court buildings had limited entrances.

He said that more could still be done legislatively in the area of digital forensics to bring stronger cases against criminals, suggesting the Government look at the UK’s Investigatory Powers Act.

Mr Richardson said: “What we need to have is the statutory ability that this House could bring which would allow for the ease of converting knowledge or intelligence into admissible evidence.”

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Published July 18, 2026 at 2:10 pm (Updated July 18, 2026 at 2:10 pm)

Law approved to support gang crime prosecution

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