Wayne Perinchief: PACE 'hobbling' police investigations
Government backbencher Wayne Perinchief yesterday warned new PACE laws could end up "hobbling" Police in the war on violent crime.
The former Assistant Police Commissioner told the House of Assembly some aspects of PACE mean officers' valuable time is wasted "dotting 'I's and crossing 'T's".
Mr. Perinchief was speaking in a debate over the Police and Criminal Evidence Amendment Act, which means suspects must be released without bail — even before they reach the Police station — if new information indicates they are no longer considered a suspect.
He said PACE was introduced in Britain because of complaints of IRA suspects being fitted up by officers — and warned it's dangerous to directly mirror the legislation in Bermuda, where officers already abide by directions in a written constitution.
"I believe that PACE is becoming too much of an impediment to the actual practice of policing," said Mr. Perinchief, who has 30 years' experience as a policeman. "In time we may very well end up with miscarriages of justice and tip the balance too far towards criminals."
He noted Attorney General Kim Wilson and the Department of Justice were attempting to be fair, but cautioned against overzealousness in being seen to be just.
PACE — enacted in the UK in 1984 — replaces the long-standing Judge's Rules which have governed the way Bermuda Police Service operates. It modernises arrest and detention procedures, the searching of people and properties and the way suspects are questioned. One aspect of PACE means officers who stop and search suspects are required to give the suspect a copy of a record stating why they were searched.
Former UK Chief Inspector Mark Crampton, who is implementing the law changes, has previously acknowledged there will be an additional burden of paperwork for officers, but said improved technology means their time for front-line duties will not be cut back.
Minister without Portfolio Zane DeSilva yesterday presented the PACE Amendment Act to the House, telling MPs it also gives Police the power to X-ray suspects who are believed to have swallowed drugs prior to arrest. Mr. DeSilva said PACE provides officers with greater powers to get results.
United Bermuda Party Deputy Leader Trevor Moniz said the Opposition backed the bill but has been frustrated by slow progress in anti-crime legislation being brought forward. "We have not seen the sort of leadership in the community we had hoped to see from Government," said Mr. Moniz.
Bermuda Democratic Alliance's spokesman on crime Mark Pettingill said his party supported the legislation, but called for a shake-up on search warrant legislation. Mr. Pettingill said the list of people able to grant search warrants should be extended beyond the currently small pool of Justices of the Peace.
Deputy Premier Paula Cox described the bill as helpful, saying it is one more string in a bow of legislation to tackle a social fabric which is "haemorrhaging".
The bill was passed.