Log In

Reset Password

(check with Sam if Bill passed on a third reading plus add Sam's initial copy and needs new intro?)

(Also put line about outstanding traffic tickets higher up?)

A Bill to give Police greater powers in seizing criminal evidence gained cross-party support yesterday.

The Police and Criminal Evidence Amendment Act 2009 was presented for its Second Reading in the House of Assembly by Junior Minister of Justice Michael Scott.

Mr. Scott said: "We appreciate the Opposition's support over these amendments to the PACE Act.

"In particular the powers of Police officers, under the powers for warrants to enter premises and search for evidence, this power will certainly enhance the Police effectiveness to both detect crime and prevent crime.

"In particular, to the crime which is causing us so much concern gang crime and gun-related crime.

"Many of our citizens are aware what is going on within the four walls of our homes, and many of our residents know what is going on is unlawful, such as the presence of drugs.

"This legislation gives authority to Police to enter and investigate and detect the crimes which are going on inside Bermuda homes.

"It will play an important role in what is rolling back what is seen as a horse out of control in relation to crime in our country."

Mr. Scott then responded to a question by Deputy Opposition Leader Trevor Moniz on how many outstanding traffic tickets there were in Bermuda.

He said: "There are some 10,000 court warrants outstanding."

The Junior Minister then moved the Bill be committed.

"These new powers to the Police will have the aim and objective of empowering Police to better investigate and detect crime, and it is with these kinds of powers we will watch the phased amendments of PACE come into play," he said.

The Bill seeks to amend the Police and Criminal Evidence Act 2006, or PACE, which provides guidelines for the Police and protects the rights of individuals by enhancing Police accountability through transparency. For example, officers must inform people as to the grounds on which their powers of arrest and search warrants are being used. Officers must also have to have 'reasonable grounds' before they can search a person in public.

PACE is to become operative over four phases, two of which have already been introduced into the criminal justice system last year, giving officers new powers in video identification parades and the mandatory taking of electronic fingerprints, photographs and DNA samples from persons in custody.

Phase 3a came into effect on June 22, whereby Police switched from interviewing suspects by audio tape to a new video interviewing procedure.

Phase 3b will come into effect on September 7 and is a new type of search warrant Police can apply for at a Magistrates Court to obtain evidence for an indictable offence.

It also provides new powers of arrest of a person suspected of committing a non-arrestable offence but who cannot provide proof of identity or an address for service of a summons.

Outlining the Bill, Mr. Scott said: "Police will have new powers to enter and search any premises without a warrant for a number of reasons. These include: pursuing a person unlawfully at large; seeking to arrest a person suspected of committing an arrestable offence and the apprehension of a person wanted in connection with a court warrant which has been issued in respect of an arrestable offence.

"The purpose of the Police and Criminal Evidence Amendment Bill 2009, which will come into effect on September 7, will further enhance the new Phase Three provisions and adopt key changes that were adopted in the UK in 2005 relating to PACE."

The new PACE search warrants now include all 'indictable offences' and officers can apply to a Magistrate for multiple entries to one or several premises owned or occupied by a suspect, under the umbrella of one warrant.

The warrant's time limit has also been extended, from one month to three months, thus saving court and Police time in processing warrants.

The amendments also allow officers to take footwear impressions from the scene of a crime.

And now magistrates rather than judges will hear applications for production orders/warrants for confidential records such as cell phones and medical or banking information.

As from September, the amendments mean Police will gain greater powers to enter and search premises without a warrant. Officers will be able to search premises occupied or controlled by the suspect or any premises where he or she was prior to arrest.

Mr. Scott said: "These new powers will greatly assist the Police, enabling them to retrieve, seize and secure evidence at the earliest opportunity."

He added Phase Four of PACE would come into effect when the new Police station is operative, and will deal with "detention, questioning and treatment of persons in custody".