Audio: Forum On Police Stop & Search

Good evening and thank you to this audience for being a part of such an important discussion. Let me first thank the Centre for Justice and its Managing Director, Ms. Venous Memari for this kind invitation.

These are challenging times for the criminal justice system. These are challenging times for communities and for ordinary citizens. The paradigm of crime has been transformed to one where at the root of every act of criminal or anti-social behaviour, the label “gang-related” seems to arise.

To meet the challenges of this age, the changed paradigm of crime must be met with an equally dynamic system of law enforcement. This means that Governments must act firmly, effectively and strike the appropriate balance between civil liberties and the need for public safety.

The Bermuda Constitution is a child born of the Mother of the Nation, the late Dame Lois Browne-Evans. Her fight for justice and equality in this country is never far from the hearts and minds of those of us now in Government.

It is important that I say that because it provides a critical background to the rationale for the laws we debate tonight. This Government does not take civil liberties for granted and the history of our activism in this country is the story of social justice for all.

The critics of the stop and search powers say that in addition to their extreme reach, the powers do not address the core social issues that underpin the dysfunction played out in society and manifested as criminal behaviour. I agree.

As the Minister for National Security, enforcement and policies aimed at promoting safer communities through the action of the Bermuda Police Service is my business.

In this respect, while I recognize the importance of the helping agencies and of the requirement to address the issues presented early and often, I cannot shy away from tough laws to meet equally tough behaviour.

Our Constitution contemplates scenarios where for reasons of national security or public safety, actions must be taken which may offend against the general expectations of many citizens.

Section 7 of the Constitution in particular uses language that we say, makes the exercise of police power provided by the stop and search provisions, legal.

It is inaccurate to cast the stop and search law as an absolute. The section contains specific safeguards that are designed to prevent the abuse of the power and speak to the nature of the provisions as being exceptional and not the norm. Just what are the safeguards, where are the checks and balances?

A police officer of or above the rank of Inspector…….right off the reel, the immediate safeguard is that an officer of experience and with an assumed commensurate degree of responsibility is the one empowered to act under the section

Reasonably suspects – this test is also important because in the absence of a reasonable suspicion, the officer cannot act under this section

That incidents involving serious violence may take place – not willy-nilly, but based upon intelligence and the fulfillment of the mandate to prevent such incidents taking place

The powers are used for a specified period – and extensions to that period must be authorized higher up the rank structure by a Superintendant

These are important safeguards which should provide comfort to the public. There is an important distinction that must be made however. One of the complaints is that once these powers are activated any person or vehicle is subject to stop and search.

This is true and the rationale in support of that premise is that the judgment exercised by the senior officer is based upon the intelligence surrounding the locality and not any individual.

I am sure that the Acting Commissioner has charts and graphs that demonstrate some of the statistics surrounding the use of this power and I am familiar with them.

I recently referred to the public perception survey carried out to assess the public’s views on the Bermuda Police Service. Those findings indicate an ever-increasing satisfaction with the performance of the Police and a growing understanding within the community of the role they have to play.

People have made the connection between strong enforcement and public safety. Residents have accepted that the trend of violent crime must be met with strong action and that in so doing their interaction with the Police may increase, but they understand what is at stake.

82% of residents believe that the Police Service should mainly focus on violent crime. That figure cannot be ignored. The laws we debate tonight were passed during a period that preceded the outbreak of gun violence on the scale we now see, but the powers are equally important in addressing this changed paradigm.

In that regard, these laws can be said to be prudent and valuable in this mission to maintain public safety in Bermuda.

Let me close my formal remarks by stating clearly that this Government’s roots are in the labour movement, the fight for social justice and for the equal treatment of all persons. Nothing in these laws detracts from those core values.

The execution of these powers is intelligence driven and so the demographics of those affected is therefore likely to reflect those who are involved. The race and gender of those who have been killed by or convicted of violent crime is a fact.

It may well be for another forum to address the “why” with respect to those chilling statistics. It pains me to talk with mothers of these men who cannot accept their fate no more than you or I could, if it were our own sons.

My duty to secure Bermuda’s communities for the peaceful enjoyment of the majority of its citizens, who are law-abiding, means that aggressive, legal action by the Police must be supported by the Government.

Too many examples of positive lifestyles go ignored and poor choices are made by a minority of our people. Where those choices result in criminal activity, strong enforcement at all levels of the criminal justice system must demonstrate that there are consequences.

I continue to support the police in the execution of their duties. The results are plain to see. All crime is down and continues to trend downwards when compared with the years since the noted spike. Public support of the Police is up.

Bermudian juries have convicted 10 people of violent crimes this year alone and the courts have meted out stiff sentences to match the crimes committed. Our hope is that this situation will not last always and that these powers will have the chance at some stage to gather dust and become obscure.

In the meantime however, we must do our duty. In so doing I am satisfied that we are striking the correct balance between public safety and liberty.

Thank you.

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