Police get new warrantless search powers on Monday
Police will be able to search suspects' homes without gaining a warrant from the courts under new powers coming into force on Monday.
The move is part of wide-sweeping reforms under the Police and Criminal Evidence (PACE) Act, which aims to modernise Bermuda's legal framework and Police procedures.
According to Attorney General and Minister of Justice Kim Wilson in a statement issued yesterday: "It is critically important that we support our Police officers in their operational field and provide them with the tools to do the job we expect of them.
"This is counter-balanced by ensuring that appropriate and proportionate safeguards are in place to protect the rights of individuals and their homes."
Senator Wilson said the changes provide clear and concise procedural instructions, and a new range of powers to the Police as to how and when they can lawfully enter private premises.
"This includes powers to search for evidence and/or persons suspected of having committed a crime. It also includes powers to seize, retain and copy evidence found to assist in the investigation of offences," she explained.
The widened powers cover the entry and searching of any premises a person is found at the time of their arrest, or immediately before, to search for evidence in relation to the offence he or she has been arrested for.
Once a person is in custody, an Inspector can authorise any premises occupied or controlled by the suspect to be searched for relevant evidence without the need to obtain a search warrant from a court.
Sen. Wilson said: "This will greatly assist the Bermuda Police who will now be better placed to seize important and crucial evidence at the earliest opportunity before it has a chance of being moved or concealed."
The Police will also be given a new power to enter and search premises without a warrant, where persons are wanted in connection with an arrestable offence i.e. one that can attract a term of imprisonment of three months or more or to arrest a person wanted in connection with an outstanding court warrant.
Sen. Wilson said it is hoped that this will assist in reducing the number of outstanding court warrants and swiftly return persons to court who have failed to appear or pay their fine.
In addition, search warrants seeking to identify confidential or personal information are given a higher level of protection and scrutiny by the courts and require a special type of production order or warrant issued by a court from Monday onwards. This type of evidence cannot be applied for under a normal search warrant.
She explained that such evidence might include medical or journalistic material and cell phone or banking records.
The Police are firstly required to convince the court that this evidence is of substantial value and relevant to their investigation.
Another new type of warrant can be applied for that will enable Police to search several premises under one warrant subject to the same investigation. On occasions, this may permit multiple entries of the same premises.
According to Sen. Wilson, this will reduce the amount of search warrant applications and provide more flexibility to the Police to enter and search premises under the terms of a single warrant.
A further safeguard will require a Police Inspector or an officer of higher rank, to first approve the warrant before it is applied for at court.
Justices of the Peace will also lose their powers from Monday to issue search warrants to the Police, and it will only be magistrates and on some occasions judges that have the power to issue them in future.
Bermuda has more than 200 Justices of the Peace, who are mostly lay persons with no legal training, appointed by the Bermuda Government as a recognition of their contribution to society.
Sen. Wilson said: "This will ensure that all search warrants are properly and appropriately considered by the magistrate first before being issued."
