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BERMUDA | RSS PODCAST

Move to expand use of electronic tagging

Legislation introducing the use of electronic monitoring devices for persons on bail or probation has been tabled in the House of Assembly.The Electronic Monitoring Act 2011 amends the Bail Act 2005 to allow electronic monitoring to be a condition of bail or police bail, and modifies the Criminal Code Act 1907 to allow monitoring for those released on probation.Electronic monitoring had previously been limited legislatively to firearm-related matters.It also establishes that tampering with an electronic monitoring device is an offence carrying a penalty of up to two-years in prison and a $4,000 fine.First announced in 2009, the electronic monitoring scheme will allow police to monitor suspects while they are on bail.An electronic signal can be sounded should the person tamper with the device, or otherwise breach the conditions of their bail.Bermuda Security Group won the contract to run a pilot programme announced in October, with 20 to 25 “medium to low risk” offenders expected to be fitted with the tags.Justice Minister Kim Wilson has previously said that the programme could play a particularly important role in the monitoring of sexual offenders, notifying authorities if they approach “no-go” areas such as schools.“The potential benefits of this initiative are behaviour modification of offenders, information gathering and enhanced public safety,” she said.Also tabled on Friday was a proposed amendment to the Police and Criminal Evidence Amendment (PACE) Act, intended to bring the legislation in line with the UK Police and Criminal Evidence Act 1984.The amendment would specify that the PACE detention clock stops when a detainee is released on bail, and restarts when the detainee answers bail.According to the existing legislation, officers have 42 hours to interview a suspect after they arrive at a police station, 96 with the approval of a high-ranking police officer or a court.That clock however stops if a suspect is not sober or is otherwise deemed unable to answer questions.