Crime suspects will keep the right to remain silent under radical new Police legislation discussed in the Senate yesterday.

Attorney General Sen. Larry Mussenden said senior officers had pressed Government for trial juries to be able to draw ?adverse inferences? when defendants refused to make a statement or to answer questions.

But after a cacophony of protest from defence lawyers, Sen. Mussenden said the new PACE (Police and Criminal Evidence Act) laws would not scrap an entitlement enshrined in the Bermuda constitution.

The Attorney General said the UK decided in 1994 to ?chip away? at the right to silence, as Police work became increasingly regulated.

But this will not be the case in Bermuda, Sen. Mussenden told Senators, adding that the bulk of PACE was based on the UK model ? in place there since 1984 ? but with Bermudian legal variations taken into account.

?Now is not the time to implement these provisions,? continued the Government Senate Leader, adding they may be revisited if necessary.

During a one-hour presentation on the 120-page PACE document, which got its second reading in the Upper House yesterday and won universal backing from across the political divide, Sen. Mussenden said the the changes were not due to be fully implemented until January 2007.

This would allow time for Police, lawyers and legal officials to get up to speed on the changes.

The Government law chief said PACE was one of the most important laws to come before the Senate ? and ?ushered in a new era of criminal justice? on the Island.

Rules on how evidence was gathered and how long suspects could be held had improved police standards and accountability in Britain. And Sen. Mussenden said it would do the same in Bermuda, where a raft of improvements were being made to the criminal justice system by Government.

The new powers will clarify a ?maze? of existing legislation, the Senate heard, and give Police the right to stop and search people for stolen and prohibited articles.

There is also a provision stopping 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. A dedicated custody officer, whose sole job will be to monitor prisoners throughout detention, will review a suspect?s case after six hours.

Sen. Mussenden, who hailed the ?inspired leadership? of former Commissioner Jonathan Smith over PACE, said an education campaign would be launched explaining PACE to the community before it was officially rolled out.

Sen. (UBP)congratulated Government on tabling the detailed legislation. Urging the public to read it, she added: ?Some might think it?s just for those found on the wrong side of the law, but it?s also there to protect the innocent.? But she stressed Police morale was low and resources had to be given the force to make PACE a success.

Independent said carrying out the legislation would be the ?crunch?. And he warned that pressure would be increased on officers, because if the rules were not followed evidence could not be presented in court. Facilities at Hamilton Police Station had to be improved, Sen. Hughes added.

Sen. (PLP), raised concerns about training ?old officers, used to old ways?. He said the PACE training chief, due to come over from Britain, had to help spread knowledge not just across the Police Service but throughout the whole judicial system.

Sen. (UBP) referred to the former Commissioner?s controversial speech that raised the issue of officer accountability, and spoke about the need to combat the ?resistance to change? mindset.

Sen. Richards said cases had collapsed in the past due to problems gathering evidence. ?If there were problems implementing the old system what are problems going to be when we ask them (officers) to do more??

He said this was not an urgent priority at the moment, but suggested the Upper House keep an eye on the situation now Police were being asked to ?jump over a higher bar?.

However, (PLP) said there should be less negativity and said the start-up date of January 2007 would give the implementation team plenty of time to prepare people.

His colleague, (PLP), commenting on Police morale and the recruitment issue, said he did not want to detract from praise aimed at the outgoing Commissioner.

But he said that, for him, the suggestion that because Bermuda was a small community it created a impediment to recruitment did not ?hold a whole lot of water?.

He said leadership drove an organisation like the Police and compared the successes of Police Comissioners with the Bermuda Regiment, who he said transformed young men who ?do not want to be there? into ?enthusiastic participants?.

Sen. Burch said he was confident the new force leadership would break with some past traditions and attitudes and ?think outside the box? on recruitment and retention of officers.

Government Senate Leader said the Police could not afford to be kept in the ?mindset of yesteryear?.

And Senate President said the issue of morale needed to be addressed urgently.

In response, Sen. Mussenden said he was confident officers would get behind the new Police leadership. If they did not feel they could be part of the team, he added, it was maybe time to consider a new career.

He also said Magistrates will now be able to decide bail of suspects, decisions now only available to Supreme Court judges.

The Commissioner of Police will also have to write an annual report that listed every person Police detained for over 24 hours without being charged, Sen. Mussenden said.

In relation to a question by Opposition Senate Leader Kim Swan, Sen. Mussenden said public holidays ? including Sundays ? were not included in the maximum remand period.

The evidence of witnesses who were too scared to testify could now be read in, he said.

?This is important because we have had people who were afraid,? he said. ?But people will find if they threaten people, a statement will still be read in.?

Suspect interviews will now be videotaped, he said and testimony from expert witnesses may also now be read to a jury, saving them travelling here at the cost of ?thousands of dollars a day?.

Clauses 80 to 101 contained the new rules of evidence under PACE and would fill several university classes, Sen. Mussenden said.

Sen. Mussenden ? who is also the Attorney General ? appeared to enjoy being the only lawyer at the Senate, and even joked that the rest of the Senate would be getting university credits for debating PACE.

?I wonder after all that time whether we get credits in university classes,? Senate President Alf Oughton joked.

?With distinction,? Sen. Mussenden quipped. ?But you cannot give legal advice. I declare my interest on that.?

The Senate also passed The Criminal Law (Abolition of Distinction between Felony and Misdemeanour) Act 2005 and The Interpretation Amendment Act 2005 without any amendments. Both were enabling acts tied to the PACE legislation.