People who refuse to be searched at Customs can be arrested under PACE laws, as part of legislation passed through the House of Assembly on Friday.

Such an offence currently falls outside the Police And Criminal Evidence Act — the bill giving Police extra powers in their investigations — due to the way the act has been worded.

Energy Minister Michael Scott, who speaks on Justice in the House, yesterday told MPs that loophole would be closed with the Police and Criminal Evidence Amendment (No. 2) Act 2009.

Mr. Scott said "failing to submit to a Customs search or obstructing a Customs officer" would now be added to the list of arrestable offences under PACE.

PACE gives Police extra powers to stop and search people, enter and search premises, and arrest and detain people before charging them with offences.

However, Friday's bill takes away the power of Justices of the Peace to issue warrants under PACE, giving that power instead to magistrates.

That element drew criticism from United Bermuda Party MPs Trevor Moniz and Cole Simons, and Mark Pettingill of Bermuda Democratic Alliance, who said Justices of the Peace could bring useful qualities and experience to the table.

Mr. Pettingill said as a lawyer he has been called on for warrant applications in his kitchen at 5 a.m., and that allowing Justices of the Peace to provide such a service would increase the pool of people who could be called upon.

Mr. Scott replied that out-of-hours applications have not been occurring since PACE was introduced.

Mr. Simons called for Bermuda to assess how it appoints its Justices of the Peace.

"We have some quality people that would know the law that could really make some sound decisions for this Country," he said. The bill was passed.