ATTORNEY General Larry Mussenden is considering whether to recommend beefing up sentencing powers for magistrates dealing with drug offenders.

He told the Mid-Ocean News that he was looking closely at the 30-year-old Misuse of Drugs Act and comparing it with similar legislation in other countries.

Mr. Mussenden's comments came less than two weeks after Magistrate Carlisle Greaves asked Government to "give magistrates proper power" when sentencing drug traffickers. Mr. Greaves' comments came after he said he could only fine a man $10,000 or sentence him to six months' imprisonment after he had pleaded guilty to importing crack cocaine valued at $16,500, with intent to supply.

"Many other jurisdictions in the Commonwealth have learned from Bermuda," Mr. Greaves said. "But in the 1990s, their laws were changed.

"We must give credit to Bermuda for their revolutionary piece of legislation. But the time has come to increase the fines a magistrate can impose."

Mr. Mussenden said: "I am aware what the magistrate said about the Misuse of Drugs Act and I have begun research on the sentencing provisions under similar legislation in Barbados and Trinidad.

"Going forward, if there is some way they are having successes where we are not, and it comes down to the menu of sentencing, then I will consider making appropriate recommendations."

He said the Government was constantly reviewing legislation and took note of comments made by Mr. Greaves and his colleagues.

"We do come across comments made by the judiciary when they are dealing with cases and the judiciary does have opportunities to make recommendations," Mr. Mussenden said.

He added that the Department of Public Prosecutions could opt to have cases heard in Supreme Court, where judges have greater sentencing powers than magistrates.

Acting Director of Public Prosecutions Kulandra Ratneser said when prosecutors opted to have cases heard in Magistrates' Court, there were usually good legal reasons for it.

"In the case Mr. Greaves was talking about, I don't know why officials opted to have it heard in Magistrates' Court, but I would not want to second guess them," Mr. Ratneser said. "There must have been certain reasons why that happened and there are always many considerations to be taken into account.

"Whether cases that go before the Magistrates' Court should have greater penalties, that is a decision for the Attorney General and the lawmakers.

"Overall, the legislation is more than adequate. If the DPP takes the view it is a matter that should be heard by the Supreme Court, then it can be sent up to Supreme Court."

But he added that Supreme Court cases were taking a long time to be heard because of the high number of cases being sent there.

Delays were leading to situations such as the case of Andrew Hall, he added.

Mr. Hall is a Jamaican who walked free from Supreme Court when charges of importing $1.8 million worth of heroin were quashed in January because he had been held without trial for almost three years.

Assistant Justice Archibald Warner ruled Mr. Hall's constitutional rights had been breached because he had been held without trial for so long, a decision which has since been overturned by the Court of Appeal.

Mr. Hall has since left Bermuda and Mr. Ratneser said the Crown was now seeking his extradition to face trial.