Police Amendment Act is passed
audio and video taped was passed through the House of Assembly on Wednesday.
Labour, Home Affairs and Public Safety Minister Quinton Edness introduced the Police Amendment Act, 1998, for its second reading noting: "This Bill seeks to establish legal provisions to provide for the audio and video taping of Police interviews with persons suspected of committing indictable offences.'' Taped evidence is already admissible in court, added Mr. Edness, "and this legislation supports this by providing a protocol with which the taping of interviews must comply''.
Taping interviews was recommended in the Tumin report and further reinforced in the findings of the Georges' report -- both of which have been endorsed and supported by the Government.
Mr. Edness said: "This Bill gives legal effect to the taping process and it will enable both a suspect and the Police to have confidence in any taped evidence that may be laid before the courts.'' It also provides for a new clause to be inserted into the Police Act 1974 which gives the Governor power to make an order to require the taping of interviews and also make an order to describe procedures that have to be followed during the taping of interviews.
The procedures will be contained in an order detailing a Code of Practice for this purpose and this will be made once the legislation is enacted.
The Code of Practice is based on the United Kingdom Police and Criminal Evidence Act 1984, Code E requirements for taping interviews.
Under the Bill, the Police Commissioner is also required to designate facilities equipped for taping.
Once these are in place the Governor will make an order requiring the taping of all interviews. Funds have been allocated to convert facilities and train staff and the Order should be made by the end of the fiscal year 1998/1999.
Shadow Home Affairs Minister Alex Scott said the Progressive Labour Party had called for suspected criminals to be taped for a number of years.
He said the Police Amendment Act was "a step in the right direction'' but details of the Act's Code of Practice would still have to be ironed out.
UBP MP Ann Cartwright-DeCouto said the new laws would save "precious time'', but PLP MP Paula Cox added that civil liberties had to be considered.
She said: "The interests of those accused of indictable offences must also be protected.
"There's still the presumption in favour of `innocent until proven guilty' and there must be this careful and close scrutiny so that there's a proper administration of justice.
"Justice must be done but must also be seen to be done.'' United Bermuda Party members Kim Young and Tim Smith supported the amendments.
And Mr. Edness, referring to Ms Cox, said the new laws would ensure that justice was seen to be done.
"This law will speak to that principle,'' he said. "The protection of the accused is a major, major principle in our system of criminal justice.'' He added that suspects would be taped as soon as equipment had been installed and Police had been trained.
He said the Commissioner of Police may even be in a position to make the order by April 1999, at the end of the fiscal year.