Senators pass PACE amendment
Senators passed the Police and Criminal Evidence (PACE) Amendment Act 2010 yesterday.
Under the Act, Police will be able to X-ray suspects they believe have swallowed illegal drugs. High-ranking officers can also authorise ultrasound scans.
The amendments also enable people to be released without bail before they reach a Police station if new information indicates they are no longer considered a suspect.
PACE enacted in the UK in 1984 replaces the long-standing Judge's Rules which have governed policing in Bermuda.
It modernises arrest and detention procedures, searches of persons and property, and way suspects are questioned.
PACE also requires officers who stop and search suspects to provide them with a copy of a record stating why they were searched.
Attorney General Kim Wilson said: "The amendments are part of an ongoing exercise to update the law which informs many aspects of policing in Bermuda.
"PACE has substantially reformed the manner in which the Police carry out their duties. Subsequent to PACE 2006, in 2007 a host of amendments were proposed.
"A series of amendments which commenced in 2008 have added clarity to policing, including powers of stop and search and in detaining persons and charging them with offences.
"They regulate how Police powers should be. The codes are also there to state the rights of the individual with regards to the Police.
"They enhance Police accountability through transparency."
Opposition Senate Leader Michael Dunkley said: "We are fully in support of this legislation which comes here today. The changes that are made are very commonsensical."
But he said: "PACE has been in progress for some time and there is concern in the community about the time it's taking to move this legislation forward.
"How long will it take for the finishing touches, or will it be a continuing evolution with regards to criminal justice?
"PACE in the UK came into being in 1984 and here we are, still putting the finishing touches to it. Basically we're dealing with legislation which is somewhat dated and as we put new touches on legislation, when will we know when the legislation is complete?"
Sen. Dunkley said: "I would be interested to know from the Attorney General what the next steps will be. Clearly the criminal elements in our society move at a rapid pace and we're always playing catch-up.
"The way we're going at the moment, our catch-up is just a little bit slow."
Independent Senator Walwyn Hughes said: "It is a dynamic piece of legislation, it's pretty new for us.
"Senator Dunkley's comment is valid. We have to assume there's a lot of fine-tuning going on but from our point of view, it's complex.
"It is a big challenge for the Police and I don't envy them. Crime in this country has changed so much but there's a good balance here. The interests of the public are certainly protected.
"All in all it's just an effort to keep PACE current and I certainly support that approach."
Government Senate Leader David Burch said: "Bermuda is the first country on the planet outside of the UK to implement PACE so it's going to be testing to our position as to how we fine tune it to our needs."
Sen. Burch said: "PACE provides parameters for everyone to operate in.
"It is an extensive undertaking I have to agree, and we've had to find the money. I think it's $1 million to put additional cells in the new Hamilton Police Station so that it is PACE-compliant."
He added: "We will see additional amendments as we go forward in terms of adjusting PACE, so we have the best PACE which exists outside of the UK.
"Other jurisdictions, particularly those in UK overseas territories, will look to us to follow our example as they do with so many other pieces of legislation."
Sen. Wilson said: "This is an evolving process and as circumstances change the Act will change. So there will be further amendments. It will continue to evolve.
"I can't comment on the 14 years the Act was implemented under the previous Government however it took about eight years for us to implement the amendments.
"The Act is important twofold because it does strike a balance. It provides powers to the Police and safeguards the public.
"The Police have certain powers and responsibilities but have to impose those in a certain manner to protect the public.
"It's a system of checks and balances."
She said: "The UK is obviously reviewing their legislation as well and there are certain amendments being introduced there as well.
"Circumstances change and so this is an evolving piece of legislation."
