Following is the text of an open letter from Judge Stephen Tumim, Chief Inspector of Prisons in England and Wales, to Premier, the Hon. Sir John Swan regarding his now completed report on the criminal justice system in Bermuda.

Dear Premier, 1. This summer your Cabinet invited me to prepare a report on aspects of criminal justice in Bermuda, and submit it to you. My terms of reference were given to me as follows:- "(a) To review the Criminal Justice System and the primary legislation which impacts on Prisons (incarceration).

(b) To review the Criminal Justice System procedures and policies and make recommendations for sentencing alternatives.

(c) To investigate the perceptions that persons of different races and different backgrounds are treated differently by the system.

(d) To review the Criminal Justice System with a view to recommending how the country can change the emphasis from one of custody to correction.'' However you read these terms, the main issues behind them are the same: How do you reduce the number of people held in custody, one of the highest per head of population in the world, and in particular how do you reduce the proportion of black people in custody, far exceeding the proportion of blacks in the community? 2. To conduct this review, I have had a team of six. Three of them I nominated from those who work with me in the Inspectorate of Prisons in London. They are Tony French, my staff officer, a Prison Governor and member of the bar, David Jenkins, criminologist and sociologist, former Director of the Howard League for Penal Reform, and Steve Bass, a principal in the Home Civil Service, and our office manager in London. Three of them have been nominated by you. They are Mrs. Justice Norma Wade, a Judge of the Supreme Court of Bermuda, Lowdru Robinson, Director of Community Affairs in Bermuda, and Melvyn Bassett, Principal of Sandys Secondary School, Bermuda. We are all deeply grateful for your nominations. You have given me a well-balanced, hard working and well-informed team, whose joint counsel I shall not hesitate to commend to you. Even they could not have operated as efficiently as I believe the whole team has done, without the aid and presence at every juncture, of Janine Bentley, our wholly admirable secretary.

3. Before setting out that counsel, I propose to make a few comments on my own as a preliminary part of my report to you.

4. Bermuda relies, as I see it, for much of its well-being on tourism and overseas finance. It needs to enjoy the esteem of its neighbours and the respect of its citizens. It needs law and order in the sense that it is made and kept safe for its inhabitants and visitors and seen to be safe. If a community locks up too many citizens it may preserve order short-term but will lose respect. Over-confinement acts as a school of crime, and removes the shame of imprisonment, particularly amongst the young. It destroys self-respect. How then do we get a balance of law and order on one side and esteem and respect on the other, so as to ensure the long term safety and happiness of the public? It is a social problem and by no means wholly technical.

5. The broad nature of the problem as seen by a curious visitor from overseas might be described in this way: (a) This is a small heavily built-up and occupied group of islands with virtually no countryside, although retaining remarkable beauty and charm. As the people rely for a living on tourism and quick communications, there is a traffic problem. A partial solution has been strictly to control the use of cars. A consequence has been a demanding traffic law, quite rigidly enforced by Police and courts, so that many respectable people, otherwise law-abiding, tend to feel harassed by the law.

(b) There is a unique history of such a small community. The black majority was subject to legally enforceable disadvantage until less than 30 years ago, when schools were officially desegregated. This is to be seen against a background where the Church of England and the Methodist Churches maintained segregated seating policies until the mid 1960s. The 20th century seems to have taught us a distinction of evils between racial disadvantage by law and such disadvantage by social attitudes. In eliminating segregation, removing the legal basis is not enough. A society must have the fortitude to undertake the task of removing the social attitudes that prevent people from treating each other with the respect and dignity all human beings deserve. It is not surprising that within a mere generation of the 1960s, racial tension continues to underlie the culture and to be raised in discussion of every important topic (although of course always with the agreeable manners of Bermudians).

(c) There is in Bermuda, thanks to location and the hard-work and skill of many inhabitants, a very high level of income statistically per head of population. There is a lot of money about even in a recession. It comes as something of a jolt to the curious visitor to find that the Government is perennially short of resources for tasks such as adequate social services, because of the low level of Government income. The very modesty of state resource in a community with the signs of prosperity to be found in Bermuda is a factor to be taken into account in our analysis.

(d) Abuse of drugs of all kinds, including alcohol, is high. The rate of AIDS is exceedingly high; this may in part be linked with an efficient reporting system that is rigidly followed by the medical profession. Probably a majority of serious criminal offences are connected with drugs, or the acquisition of money to buy drugs. This means a continued need for imprisonment for the illegal dealer, and active treatment for the user. One will not work without the other, if the crime rate is to be reduced. A big fall in users would destroy the drug market.

(e) There is among the young very often a quite specific lack of self-identity. We heard of a boy who said that he felt himself an American when he watched TV, vaguely British at school, and he was not sure what he was when he was at home. One most eminent Bermudian described his fellow citizens as Americans waving the Union Jack.

6. These factors, (I call them a, b, c, d and e) create a problem which lies at the root of the issues on which I am asked to advise. They foster, in inter-action, a large class of young citizens who see themselves as alienated from the official culture, an under class harassed by the forces of law and order. Modern urban changes worldwide in society, with loss of control by families, churches and other institutions, and the increased number of children brought up by a young mother alone go alongside the local factors.

From earliest childhood many see themselves as non-citizens and outcasts.

"The boy of 16'', a distinguished black citizen told me, "needs a rite of passage.'' It is buying a bike. If you can't buy one, you miss out on adolescence unless you steal the parts. Then you are a criminal. If you get the parts somehow, and add some gears, then you have false papers, and become a bad criminal.'' 7. The attitudes of the estranged young (and not so young) raise social questions which can be described but not solved in the present report. Changes in attitudes are more vital to health than mere changes in law. "How small'', wrote Dr. Johnson, "of all that human hearts endure, that part which Laws or Kings can cause or cure.'' The forces of education are more closely involved here than the forces of law.

8. But there remain important issues falling directly within the province of criminal justice. When I arrived in Bermuda, people of all kinds, from prisoners to politicians, hastened to tell us that we were here for too short a time (four weeks) to effect anything, and that even if we stayed for a year, our report would be left on a dusty shelf along with earlier reports. We knew that we could not emulate the eloquence of Lord Pitt, or the massive learning of Dr. Archibald. But we do believe that we can provide the assistance for which we were invited by establishing a modest signpost. Perhaps in a community with Bermuda's traffic problems, a signpost is the most fitting image. In any event it can be used to show at a glance a way ahead. Whether the way is taken is not for us, but for the people of Bermuda. It will depend on their will and their views about the use of their resources, and about the value of what we recommend.

9. We have read the existing reports. We have looked and listened for a month, and have enjoyed the most useful welcome and hospitality we could have hoped for from everybody before, during and after Cup Match. Whether the signs on the post are to be followed or not, I hope they will be widely seen as clear, sharp and practical and designed for the climate.

10. I now submit to you, Sir, the report including as part of it my personal comments as a curious and grateful visitor. And I remain, Sir, your most obedient servant.

Stephen Tumim Her Majesty's Chief Inspector of Prisons in England and Wales JUDGE TUMIM'S RECOMMENATIONS FOR CHANGE CONCLUSION -- ANALYSIS OF REVIEW FINDINGS This Report is intended to provide a signpost to the actions to be considered if the Government wishes to change the way in which criminal justice is dispensed, and, in particular if they wish to reduce the use of imprisonment.

The analysis of our findings and the recommendations we make have been grouped under the headings used in Chapter 5, to allow us to respond directly to the concerns expressed by individuals and organisations in their submissions to the Inquiry.

Bermuda as a society 2 The fact that Bermuda is relatively wealthy conceals the fact that it is also vulnerable. Tourism is heavily reliant upon the US market maintaining its interest in some crimes involving vehicles which require firm action. In Bermuda we wish to see discretion restored so that minor traffic offenders do not receive prison terms. We believe that the introduction of fixed penalties for certain levels of speeding offence in August, 1992 was a step in the right direction. A points system might usefully be developed whereby offenders would not incur disqualification in the case of minor offences unless they showed no effort to change their driving habits. We have also considered whether to suggest that The Royal Gazette during the period of the Review frequently emphasised the fragility of their relationship. The continued success of international business interests depend on conditions beyond the Island's control. There was much discussion in the media in August, 1992 on the implications for Bermuda of a worldwide recession.

3 We heard from some young people how they felt oppressed by the operation of the criminal justice system in Bermuda. A combination of family values which in some cases may not provide support to a youngster in trouble, educational opportunities which are limited to those with the resources to travel, and a social system which is likely to involve a person with the Police at an early age, could lead to a citizen lacking in confidence and direction. A fair criminal justice system has to be developed, based on principles wider than those concerned solely with legal controls.

4 Bermuda has a highly complex social structure. The criminal justice system operates within it and is affected by it. It is within this social context that people either develop or are frustrated in their ambitions, and may come into conflict with the law. We believe that it is not possible to examine the operation of the criminal justice system without understanding how this broader social structure works.

We accordingly recommend that the Government establishes a working party to examine the social conditions within which the country operates. Its purpose should be to examine whether all citizens have opportunities for personal and social development together with adequate structures for support, and to make recommendations. (Recommendation 1) Education and Criminal Justice 5 Bermuda needs to develop its tertiary education structure, so as to maximise the potential of the Bermuda College, and to ensure that any Bermudian can benefit from opportunities in higher education either on the Island or through programmes which link the Bermuda College to suitable establishments abroad.

The school system should be geared to maximise educational opportunity, and to foster the expectation that this can be done with the support of the Government.

We accordingly recommend that the work of the Education Planning Team be promoted, and emphasis be placed on developing opportunities to tertiary level for all Bermudian students utilising the potential of the Bermuda College by continuing to foster inter-collegiate links between it and establishments abroad. (Recommendation 2) The Police 6 Reference to reports on the criminal justice system as far back as 1968 clearly indicate that the relationship between Police and public in Bermuda needs to be improved. Part of the problem lies in the nature of the legislation which Police are required to enforce, in particular that concerning traffic. Equally important are Police attitudes towards the public, and the perception of the Police by the public. We believe that there is a need for Police to examine their role and contribution within the community, and to develop working styles which emphasis prevention of crime as much as reaction to it. We did not detect attitudes of extreme hostility towards the Police, but there was a lack of confidence. This can only be addressed by the Police becoming involved in a co-operative way in the affairs of the community. Concern was also expressed to us about the manner in which complaints against the Police are dealt with, namely internally. We believe that there should be an independent body established to investigate complaints. Three recommendations follow: We recommend that the Commissioner of Police appoints a team to examine the role of the Police as a public service with particular attention to developing work in the community and improving public confidence.

(Recommendation 3) 7 With reference to the enforcement of law, it is important that Police methods of interviewing and detaining members of the public should be open to scrutiny. The Police and Criminal Evidence Act in the UK provides, within the context of an independent prosecution system, a structure which governs Police involvement with the public so as to make the Police accountable for their actions. We believe that the principles underlying this legislation should apply in Bermuda.

We recommend that the Police make more use of video and tape recordings, when detaining and interviewing people, so that they can be made more accountable and that legislation along the lines of the Police and Criminal Evidence Act in the United Kingdom should be introduced. (Recommendation 4) We recommend that an independently based procedure should be established for the investigation of complaints against the Police. (Recommendation 5) 8 There is no doubt that the traffic laws in Bermuda are a major cause of tension between Police and the public. It is clear from previous reports that the auxiliary motor cycle is one of the most important possessions in life to a 16-year-old. Learning to ride a bike is an informal procedure, often started well before the legal age, whereby under-age youngsters borrow their friends' machines and try them out. This leads, inevitably, to involvement with the Police. We recognise that under-age riding cannot be eliminated, but consider that a more constructive approach to the skills of motor cycling could be taken by the Police, and other interested bodies, so as to improve the standard of riding by youngsters on the Island. We also consider that a driving test should be mandatory for all motorised transport. We believe that driver and rider education should become part of the school curriculum to ensure that Bermudian young people have a thorough understanding of the traffic laws and the proper use and care of motor vehicles. The Police could assist in the running of these courses as it provides an opportunity for them to build relationships with the youth of the community. Two recommendations follow: We recommend that the Police service examine ways in which they can contribute to the road skills of young people in Bermuda. (Recommendation 6) We recommend that driver and rider education be added to the school curriculum. (Recommendation 7) Alternatives to Custody 9 We recommend the adoption to Bermudian needs of the code of non-custodial sentences contained in part of part 1 of the Criminal Justice Act 1991 (UK).

Recommendation 8) We have in mind Sections 1 - 12, 14 - 16 (including Schedule 2) and 19 and 20.

Some can be taken on as they stand; others will need re-drafting to preserve the substance away from other English statute law.

10 We propose that the work be done by a small working party, headed by a Supreme Court Judge or the Attorney General. (Recommendation 9) It can be done very quickly. It will lay out a code for the use of the probation order, the community service order (a vital part of our recommendation), the combination order, the curfew order and the supervision order. The provisions of the Act dealing with restrictions on custodial sentencing and fining are particularly valuable.

Part 1 of the 1991 Act is included at Appendix 6 to this report.

11 The thrust of the present report is to recommend a move within the criminal justice system from punitive sanctions towards measures which aim to correct and prevent criminal behaviour. This requires a criminal justice system which incorporates the agencies responsible for its operation. The Police, the Courts, the Probation and Prison Services need to have formal organisational links, and to develop understanding of their respective roles. At present these agencies are each responsible to different ministries.

We recommend that a Cabinet Committee consider the possibility that the delegated powers of the Police, Probation and the Prison Services be brought under the same ministry. (Recommendation 10) 12 Non-custodial sanctions in Bermuda are limited to the fine, probation, and to a negligible amount of community service. A variety of services are required for the use of the courts in appropriate cases. Hostels, both for those on bail or under certain types of probation order; facilities for dealing with alcoholism or drug dependency; facilities for the homeless are all required. In addition, the development of a viable scheme of community service will require access to organisations willing to provide and supervise work undertaken by those sentenced to periods of community service. Statutory and voluntary agencies will have to join forces to run a non-custodial service of the kind which Bermuda needs.

We recommend that a working party be established to design a working structure for the administration of non-custodial sanctions which brings statutory and voluntary agencies responsible for the supervision of such sanctions into a working relationship with each other to ensure that all punishments should be in the community, save where a sentence of imprisonment is ordered as the final alternative. (Recommendation 11) 13 The changes which we are recommending be made to the criminal justice system of Bermuda require careful consideration by members of all the agencies involved in the administration of criminal sanctions. For this reason we believe that a committee should be established to consider and recommend how a reformed system should be constructed. In considering such matters it is important in our view that criminal justice professionals become acquainted with the facilities offered by colleagues. In particular we would highlight the need for magistrates and judges to become acquainted with non custodial and custodial facilities. They should visit both types of establishment regularly. It is important that the establishment of this committee should take place alongside the implementation of our more immediate proposals.

Reform of the criminal justice system is urgent, and this committee should be seen as both active and productive.

We recommend the establishment of a Criminal Justice Committee, responsible to Parliament, to keep under review and make recommendations on any issues that impact on the maintenance of a fair and impartial criminal justice system in Bermuda. (Recommendation 12) The legal system 14 The terms of reference invite us to consider criminal justice system policies, sentencing alternatives and how to achieve a change of emphasis from custody to correction. We are conscious that in reporting on these questions we must avoid anything which might be seen as trespassing on the most important principle of the independence of the judiciary in sentencing. In support of this principle we are recommending the abolition of mandatory sentences for road traffic offences, thus increasing the discretion of the courts. In other jurisdictions courts have discretion about the appropriate sanctions to award for road traffic offences. Clearly there are some crimes involving vehicles which require firm action. In Bermuda we wish to see discretion restored so that minor traffic offenders do not receive prison terms. We believe that the introduction of fixed penalties for certain levels of speeding offence in August, 1992 was a step in the right direction. A points system might usefully be developed whereby offenders would not incur disqualification in the case of minor offences unless they showed no effort to change their driving habits. We have also considered whether to suggest that traffic offences be dealt with in special courts, but we are anxious to reduce the incidence of court appearances for minor offences, and therefore do not recommend this course of action.

We recommend that mandatory prison terms for Road Traffic Offences be abolished. (Recommendation 13) 15 Disqualification from driving is often repeatedly and consecutively used on an individual by the courts. This means that a young person can sometimes face several years before being allowed to drive. There must be many occasions where one month's disqualification on a teenager, if understood, would be obeyed and effective.

16 Nevertheless it is our strong conviction that the sentencing of young offenders in traffic cases is in urgent need of reconsideration. We have looked in detail at problems arising from practices of pack racing at night and from relationships between the young and the Police day and night. We have traced in the report the troubles which so often lead the young from acquiring a bike to Casemates in a comparatively short career. If a boy has a new bike and drives badly on it, either alone or in the manner and company of his friends, a short period of disqualification and a fine he can pay may teach him a sharp lesson. Such a period as a month or six weeks without his bike, and a fine of $50 or so are within his comprehension and he will probably obey and learn. But if he is made subject to disqualification for a year or more and fined some sum which his parents may or may not be able to pay, but he clearly cannot pay himself, he is outside his imaginative experience. Before long he will be riding while disqualified and be carried off to prison for non-payment of a fine. Once this Rake's Progress has been made, the chances of turning him into a honest citizen are very limited. He is likely to join the ranks of the disaffected referred to much earlier in this report.

We recommend that the consecutive use of periods of disqualification from driving be discouraged (Recommendation 14) 17 In the same way as we have recommended that proceedings in Police stations should be subject to scrutiny, so we believe should proceedings in court. We received many complaints as to the way in which some courts and judicial figures conducted matters. In order to ensure that both public and courts are protected from false allegations: We recommend that in both Magistrates' and Supreme Courts tape recorders, videos or stenographers be used to provide a record of all proceedings which should then be available to all interested parties. (Recommendation 15) 18 The annual report of the Legal Aid Committee for 1991 draws attention to budgetary weaknesses in the funding of the scheme. We do not believe that a satisfactory mechanism exists for reviewing and adjusting the funding of the scheme.

We recommend that the operation of the Legal Aid system be reviewed to ensure that it adequately meets the requirements of justice in supporting those facing criminal charges. (Recommendation 16) 19 We have referred to young people in Bermuda as lacking in confidence. It is a society in which family matters become entwined with the law. We noted with interest the paper produced by the Ontario Law Reform Commission on the subject of family courts and consider that such a court could have a value in Bermuda.

We recommend a study to be undertaken to investigate the feasibility of establishing a Family Court System in Bermuda. (Recommendation 17) 20 One of the problems we encountered during our inquiry concerned the collection of up-to-date legislation. We believe that a Government Bookstore should be established to ensure that this problem is rectified.

We recommend the establishment of a Government Bookstore to make official documents, including laws, amendments to the laws, and official reports accessible to the public. (Recommendation 18) The prison system 21 In the evidence presented to us the Acting Director of Social Services stressed the need for his Department to provide secure accommodation for young people when this is required. We consider it inappropriate that any juvenile should be held by the Prison Service. They should instead be supervised in a setting which, even if it is secure, is not regarded as penal.

We recommend that no person under the age of 16 years should be held by the Prison Service. (Recommendation 19) 22 In the context of the integrated system of criminal justice to which we have referred, we think that it is important that the Prison Service develop programmes for use in the custodial setting which as far as possible prepare prisoners for release. Links must be established between the custodial and the non-custodial agencies so that it becomes possible for prisoners to return in a supervised way to life in the community. This has a direct implication for staff of prisons, who will need to undergo training in order to run dynamic regimes. In order to provide this we suggest that assistance be sought from the training adviser to the Dependent Territories in the Caribbean. Three recommendations follow: We recommend that training programmes be designed and implemented for prison staff, and that such training should bring staff into professional contact with other agencies within the criminal justice system.

(Recommendation 20) We recommend that the training adviser to the Dependent Territories in the Caribbean be consulted about the training requirements of staff of the prison in Bermuda, and if possible assist in the design of suitable programmes for them. (Recommendation 21) We recommend that the design of regime activity appropriate to the preparation of prisoners for release should be commenced urgently, and that all agencies, both statutory and voluntary, working with offenders should be involved in discussions as to how this should be done. (Recommendation 22) 23 In addition to offences arising from infringement of the traffic law and those connected with drugs we were concerned with the offenders who were brought to court as a result of homelessness or social problems associated with it. In particular, we were concerned at the offence of wandering abroad, under the terms of which Police were obliged to apprehend people for no reason other than that they had no fixed abode. We believe that offences such as wandering abroad should be removed from the Statute Book. We have in mind a number of offences connected with a past period of racial discrimination and segregation. A working party, possibly chaired by a High Court judge or the Attorney General, should review these. Following our earlier recommendations we emphasise the importance of the criminal justice agencies, and the voluntary sector, working together to pool the available community based facilities so as to be able to divert the homeless from the criminal justice system altogether. Finally, as we do not see a future for the co-ed facility, separate provision will need to be made for young offenders within the new prison. Three recommendations follow: We recommend that offences such as wandering abroad or any laws that appear to discriminate on the basis of race or sex should be reviewed by a working party with a view to the abolition of those which are a legacy of an outdated era.

(Recommendation 23) We recommend that consideration should be given to the idea of a half-way house as suggested by Prison Fellowship and the Salvation Army, who have both offered to establish and operate such a facility. (Recommendation 24) We recommend that young offenders if located at the new prison facility should have separate accommodation and facilities from adults. (Recommendation 25) 24 The Treatment of Offenders Board is a powerful instrument determining the use of custody in Bermuda. At present it decides upon whether early release on licence can be awarded to prisoners, adjudicates on disciplinary offences and punishes prisoners found guilty by cutting remission. We believe that reasons should be given when release on licence is denied, in common with the UK, and that strict limits should be applied to the powers to withdraw remission. In the case of serious criminal offences which occur within prison we believe that the courts should be involved.

We recommend that the work of the Treatment of Offenders Board with regard to the operation of the parole system and the hearing of disciplinary offences should be reviewed so as to ensure that reasons for refusal to grant parole are provided, and that there should be limits on the powers of the Board to remove remission. Arrangements should be made for serious offences brought to the Board to be heard in the Courts. (Recommendation 26) 25 The fact that a conviction in Bermuda for any drug offence (or for a serious non-drug offence) makes the offender likely to go on to a US Stop List is a cause of anxiety. It makes him a virtual prisoner in Bermuda. He cannot go, in particular for tertiary education, to the US or the Caribbean (usually approached through Miami). There is a modified stop list for Canada. There is a Bermudian stop list the other way, but inevitably on their relative sizes, this is less important.

We recommend that discussions be continued with the appropriate US authorities to ensure that those with convictions for minor drugs offences are not prevented unnecessarily from travelling from Bermuda to continue education programmes or for other lawful purposes. (Recommendation 27) 26 During the course of this Review public discussion occurred in Bermuda on the subject of whether or not prisoners should be compulsorily tested for HIV.

We are clear that no constructive purpose would be served by such an exercise.

The changes in social attitudes that are required in order to minimise the risk of HIV transmission in the general population are unaffected by the fact that there is a likelihood that there will be a higher incidence of HIV positive people in institutions such as prisons.

JUDGE TUMIM'S RECOMMENDATION FOR CHANGE We recommend that the work undertaken on AIDS in Bermuda should fully involve the prison authorities, and that public concern about the spread of AIDS through the prison should be addressed as part of the normal education and information programme applicable to the community as a whole.

(Recommendation 28) 27 In the Juvenile section of the prison it was common for a sentence of Corrective Training to be awarded which could run for any period between nine months and three years. Although the intention behind Corrective Training is that it should assist in the rehabilitative process: We recommend that the sentence of Corrective Training be abolished.

(Recommendation 29) Drugs 28 We have examined, in Chapter 4, the work of the National Drug Strategy Group. We have suggested that the analysis contained there has more general application to the situation in Bermuda than just the very serious problem with drugs. The task ahead is considerable. We have commented that in the past a large number of reports have indicated the problems that Bermuda must address. The National Drug Strategy Group is one of the first practical initiatives to result, and it is essential that it is properly empowered and resourced.

We recommend that the National Drug Strategy Group be given both the authority and resources to carry out its work. (Recommendation 30) 29 We wish to see more diversion from custody. Prison should only be used as a last resort. This means that Police have got to be involved in the decision to divert, as magistrates could argue that they can only act on the cases brought before them. Addiction services were as important to whites as to blacks and Archibald had emphasised, at page 189 of the report on criminal justice, the importance of developing the Police role in this way.

30 People become desensitised to the court experience if over-exposed to it.

When prison results, in the way it does in Bermuda, it is no big deal.

Productive people can become habilitated to prison life, and when they come out they do not see the necessity of getting a job. In this way starts the cycle of offences such as wandering abroad and the non-payment of fines. We question Section 24 of the Misuse of Drugs Act 1972 which refers to the definition of a prison but does not allow it to be used as a place of treatment. This needs changing. Judges use as the reason for imposing custodial sentences the fact that there are no treatment facilities. Drugs offences should be brought under the criminal code so that an addict convicted of another crime, by reason of drug abuse, could have a Social Inquiry Report and be sentenced to appropriate treatment. Parole for drugs offenders should be awarded so as to allow time for sufficient supervision. Otherwise, those who had dried out physically from the drug abuse would be vulnerable to relapse. The psychological basis of addiction was frequently not addressed in prison, and support in the community is vital. Without an active parole licence, supervision would not happen. This was described to us as the `Dry Junkie Syndrome'. Remand prisoners in need of help were also short changed by the present system. The purpose of prison had to be defined, and proper programmes established for those appropriately sentenced to custody.

31 The drug scene in Bermuda was described to us as economically complex.

There was big money involved, but often at a fairly low level on the street, as well as the top end of the market. The following divisions were suggested: Traffickers: No drug used themselves. International operators; Dealers: No drug use themselves. National operators; Pushers: Often, but not always, users. Street operators; Users.

32 Both pushers and users were risky in the eyes of dealers and traffickers because of the threat to security they posed by their drug habit; and the economic threat that they posed by using, rather than selling, the drugs.

We recommend that distinctions be drawn between those who trade in drugs and those who use them and that the criminal justice system be flexible enough to develop non-custodial treatment programmes wherever possible.

(Recommendation 31) Community service 33 We have argued throughout this report for a diverse and imaginative range of non-custodial sanctions to be developed and used to assist offenders in becoming law abiding members of society. The Community Service Order provides a means whereby offenders can offer something to the community as a direct recompense for their earlier behaviour. It requires the support of a wide range of organisations, both public and private. It is important that it is structured alongside activities aimed at other sectors of the population. For example, voluntary work organisers in hospitals or the social services might incorporate community service into their programmes. Private or municipal bodies could consider the possibility of using Community Service as a route to possible employment. We were impressed by the commitment of the Director of Parks Services to using community service in this way, and, in particular, with the involvement and support that was maintained with the Bermuda Industrial Union. Community Service requires community confidence if it is to work at all and it is essential that interested parties in organisations where it is used are kept fully informed as to its effect on others.

We recommend that Community Service Orders be introduced as a major non-custodial sanction in Bermuda, and that both statutory and voluntary agencies be invited to present programmes for different schemes for such service for consideration and approval. (Recommendation 32) Traffic laws and the environment of young people in Bermuda 34 We have noted that many of the issues which we have been analysing, and which have an impact on the criminal justice system, have to do with the suitability of the environment of Bermuda as a place to grow up. Young people have problems with mobility in that they break the traffic laws; problems with authority in that they are not encouraged to take part in the decision making processes of the Island; problems with education in that they have to go overseas to obtain higher education; and the problems besetting every country in the world associated with drugs and AIDS. We have considered how to address this problem without oversimplifying what is a complex and common situation in many modern societies.

35 Bermuda has many strengths. Its size, wealth and diversity of population located in a superb part of the world could combine to make it one of the most stimulating societies in which to live. We believe that many people and organisations obtain a great deal of benefit from their presence on the Island. Many skills are represented. We believe that ways could be found in which young Bermudians could receive benefit by involvement with local organisations in programmes designed to enable them to participate in activities which otherwise they would not be able to share. Diving and yacht clubs and other sporting organisations have a great deal to offer. A requirement for entry is normally wealth, and possibly status. Young people have neither and we believe it is time that Bermudians recognised that young Bermudians are an asset to be developed for the sake of the population as a whole.

We recommend that statutory and voluntary agencies, together with business operations on the Island should consider ways in which young people may be encouraged to contribute to life and the contribution that such organisations can make to facilitating this. (Recommendation 33) Attitudes to the law in Bermuda 36 Race has been the continual feature in the submissions made to us. Less than 30 years ago apartheid existed in Bermuda. By any standards the country has moved a considerable distance since desegregation. It is clear however that problems remain, and occasionally erupt in public discontent. Young black males predominate in the custodial population in Bermuda. Young black males are the main occupants of the magistrates' court each day. There are still places on the Island where black people do not feel comfortable, and some organisations which either impose segregation or find themselves segregated.

Perceptions that persons of different races and background are treated differently by the system are commonly held throughout Bermuda. Partly this is based on the disproportionate number of black persons in custody. These issues need urgent consideration over a long period. The Human Rights Commission seems to us to be the body which should be given the authority and resources to do this.

37 The Human Rights Commission should incorporate a Race Relations Division with responsibility for dealing with racial issues and research. It should have the support of both Government and the community for initiating small and large racially balanced focus groups to discuss the problems of race relations and to find ways of solving them. An outline of its style of operation and suggested functions is included at Appendix 4.

We recommend that the Human Rights Commission should incorporate a Race Relations Division with responsibility for dealing with racial issues.

(Recommendation 34) 38 In this report we have focused on the impact of the criminal justice system on young people who commit relatively minor offences. However, it is also true that there is serious crime on the Island. We were aware that there was a strong public perception, reflected in the press, that there was an increase in violent crime. In particular there were a number of disturbing reports of violence towards women. We believe that it would be helpful if this subject could be examined in detail and without delay so that the extent of the problem can be assessed.

39 Finally, we wish to emphasise, in accord with the National Drug Strategy Report of 1991, that the criminal justice system in Bermuda needs examination followed by action. The action taken then needs to be monitored so that changes and developments can be made in the light of experience. Policy related research is needed in Bermuda on the subjects we have examined, and we urge Government not to overlook its importance.

CONCLUSIONS 1 In examining community and custodial alternatives, you need to pause for a moment to determine what prisons are for. The Prison Department Transition Team have prepared (June 26, 1992) a substantial and useful statement of beliefs, product and mission, in which perhaps training of inmates and staff and community involvement predominate.

2 For our purposes we have worked on something shorter. The English statement, which hangs prominently in every English prison is short indeed. "Her Majesty's Prison Service serves the public by keeping in custody those committed by the Courts. Our duty is to look after them with humanity and to help them lead law-abiding and useful lives in custody and after release.'' The duty is based on holding prisoners securely -- otherwise it is no prison -- caring for them, and giving them the chance -- which it is for them to take if they choose -- to prepare for return to the community. Some prisoners are held to whom this statement cannot fully apply. There is the dangerous long-term prisoner who is unlikely to be discharged in the foreseeable future.

There is the remand who is unconvicted and has to be treated separately as such, perhaps in conditions which are as near as possible to a secure hostel.

We are not proposing any particular formula to be adopted as a mission statement in Bermuda; the Bermudian Prison Service will want to work through the process of creating its own statement.

3 But for the great majority of prisoners, security, care and preparation are the chief duties of any Prison Service. Preparation is wider than training in employment skills. It may include remedial or even more advanced education; and training in how to cope with drink, drugs, Aids and very often, with the demands of personal relationships. It may include teaching men how to look after themselves with hygiene and on low incomes and to appreciate the harm done by them to victims of crime.

4 The duty of the Prison Service is proud and demanding. It contrasts with the quite different function of the Courts. It is for the judges and magistrates to determine questions of punishment and how punishment is to fit the crime.

The courts have to take into account many factors: the need to record publicly the community's disapproval, the need to try and deter others, the need to give the offender, where just, the chance to improve. But questions of punishment are for the courts and not for the Prison Service, and to keep these functions separate seems essential in determining what prisons are for.

5 This report began with an open letter to the Premier setting out the nature of the Bermudian problems as seen by a curious visitor. The report is short and intended for use. At the end of it there are recommendations. They are designed to provide for better integration between black and white, old and young. At their heart are these: (a) A change of attitude to sentencing the young, particularly in relation to traffic offences and custody, and the length of disqualification; (b) The adaption to Bermudian needs of the range of non-custodial sentencing set out in the Criminal Justice Act 1991, with special reference to Community Service Orders; (c) The use of videos and tape recorders and consideration of other concepts from the Police and Civil Evidence Act 1984, in all courts and in all Police stations where statements are taken; (d) The ending of such offences as `Wandering abroad' which dates from a past history and culture, the ending of mandatory sentences for traffic offences, and the ending of corrective training; (e) The establishment of a standing committee on criminal justice, of which the Attorney General, the Commissioners of Police and Prisons, representatives of the judiciary, and leaders of every branch of the criminal justice are members. The Committee would ensure greater knowledge of the system by each department: encouraging, for example, visits by the judiciary to the prison.

6 Those matters and the other recommendations are mixed issues of changes of attitude and changes of law. They will work to help integrate society only if they are vigorously pursued by Government and widely accepted by the public.

We repeat the quotation from Dr. Johnson, cited in the open letter: "How small of all that human hearts endure, that part which Laws or Kings can cause or cure.'' JUDGE STEPHEN TUMIM -- `How do we get a balance of law and order on one side and esteem and respect on the other, so as to ensure the long term safety and happiness of the public?' MEETING THE CHALLENGE -- Premier the Hon. Sir John Swan drives home a point during yesterday's Press conference for the unveiling of the Judge Tumim report. Next to him (from left) are Health and Social Services Minister the Hon. Quinton Edness, the Minister of Delegated and Legislative Affairs the Hon. Sir John Sharpe, and Director of Community and Cultural Affairs Mr.

Lowdru Robinson.