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‘Stop and Search’ law comes under scrutiny after Attorney General’s remark

Attorney General Kim Wilson

Attorney General Kim Wilson’s revelation that measures were being taken to end abuses of a controversial stop and search law has drawn praise and criticism.Citizens Against Racism in Bermuda says it is encouraged by Senator Wilson’s acknowledgment of police abuse of the legislation and measures taken to end it.However, CURB president Cordell Riley called on the Minister to “take the ultimate step and repeal section 315F of the Criminal Code”.Meanwhile, One Bermuda Alliance said that Sen Wilson’s statement is evidence of “yet another policy flip-flop” from Government.Sen Wilson told The Royal Gazette that she recognised that the 2005 amendment to the Criminal Code, enacted in response to rising gun and gang violence, had been abused by police but that the abuse was being addressed.“That is in direct contradiction to what the Minister of National Security, Wayne Perinchief, said in a prepared statement just a few weeks ago,” said OBA Deputy Leader Michael Dunkley.“He said that the legislation was ‘appropriate, constitutional and effective … I am satisfied that we are striking the correct balance between public safety and liberty’.“Both of these Ministers serve in the same Cabinet. They need to get their stories straight, and tell the public which one of them is telling the correct story.“If there has been abuse by the police, I think the Attorney General needs to tell the public, because I think the public has a right to know about it.”Sen Wilson said that she would not allow the issue to become a “political football”.“The Government will continue to strike the right balance and is unified in taking necessary and proper steps to combat crime whilst at the same time protecting the individual rights of our citizens,” she said.“When issues involve fundamental rights of this nature, I am not prepared to permit such rights to become the subject matter of political football. We all owe Bermuda and her residents far more than that.”Section 315F allows police to stop and search people in designated locations without reasonable cause unlike stop and search measures under Police and Criminal Evidence legislation which requires police to have reasonable cause before conducting a search.Sen Wilson had indicated that abuse had occurred in some instances when police chose to use 315F when PACE would have been more appropriate.Mr Riley noted that a similar stop and search measure in the UK had been ineffective in stopping and preventing crime.“Evidence has shown, particularly from the Home Office in the UK after the racially-motivated death of Stephen Lawrence, that stop and searches have very little impact in preventing and stopping crime.“Yet in 2012, some 12 years after the study, these same ineffective practices are still in use. We hope that the Minister would take what we believe to be the ultimate step and repeal section 315F of the 2005 Criminal Code,” he said.“CURB is aware of the increase in gun use and violent crimes and we believe that the powers given to the Police Service under the 2006 PACE legislation strikes the right balance between giving law enforcement officers the power and authority that they need to fight crime and giving the general public recourse if they feel that they have been unfairly targeted.”Mr Riley added that he was aware that CURB’s views could be caught in “political crossfire”.“I will only say, with that in mind, that CURB has been trying to get the Government to understand our point of view for the last couple of years.“That the Attorney General and Minister of Justice, the Hon Kim Wilson, appears to be coming around to our view is not, in my opinion, an example of government ‘flip-flopping’ but one that is listening. And since we feel that what we propose is best for Bermuda, we hope the Government, whoever that might be, continues to not only listen, but also to act.”Asked what its substantive position is on section 315F, the OBA issued a statement from party Leader Craig Cannonier.“The law must be applied with prudence, restraint and scrutiny because you are dealing with people’s freedom,” he said.“This is about striking the right balance between the need to ensure our communities are safe and the need to protect people’s freedom.”Mr Cannonier insisted that two Cabinet ministers were “at odds with each other” on that critical issue.“The Government needs to make clear where it stands.“Is it with National Security Minister Perinchief who believes the law is ‘appropriate, constitutional and effective’ or is it with the Attorney General who says the police have been abusing the stop-and-search power under the law?“If the Government deems the law to be unfair, then it needs to change it. If it thinks the law is being applied appropriately, then it needs to say so.“The Attorney General’s allegation of abuse is serious one and we will be speaking with the Police Commissioner on the matter. In the meantime, the Government must reconcile its divergent views on the law.”