Police Caution Legislation To Come Into Force

February 20, 2017

Attorney General Trevor Moniz said he is bringing the legislation into force which will allow the Director of Public Prosecution [DPP] to formally bring the police caution guidance into effect, with the DPP having already announced the guidance for a Police Caution for simple possession of cannabis weighing 3 grams or less.

Attorney General Moniz said, “The Police and Criminal Evidence Amendment Act 2016 was passed by the Legislature in March of 2016.

“The legislation restored the ability of the Director of Public Prosecutions [DPP] to issue cautioning guidance to permit the Bermuda Police Service to issue formal police cautions to persons suspected of committing offences and who admit culpability.

“Formal cautions serve as an alternative to traditional prosecutions before the courts.

“They give law enforcement another tool in helping to prevent unnecessary criminalization in the first instance and to further deter persons from future actions that may lead to criminalization.

“Cautions permit the police and prosecutors to consider a response which is proportionate to the level of criminality involved.

“Following passage of the legislation, the DPP commenced a consultative exercise with stakeholders across Government and the community.

“The result of that exercise was the announcement on 16 February 2017 of Draft Formal Police Caution guidance for Simple Possession of Cannabis weighing 3 grams or less.

“To that end, I am now bringing the legislation into force, and a notice to that effect will be published in the Gazette shortly. The DPP will then be in a position to formally bring the guidance into effect.

“I wish to thank the DPP and his team for all of their hard work in effecting this guidance, and to all stakeholders who took the time to respond to his request for comment.”

The draft guidance of the Cannabis Caution Policy follows below [PDF here]:

click here Bermuda cannabis decriminalization

Share via email

Read More About

Category: All, Crime, News

Comments (50)

Trackback URL | Comments RSS Feed

  1. LoL says:

    Lol 3grams! Wow

    • Baby steps says:

      Its a step in the right direction, can’t change everything overnight

    • Herbalist says:

      3 grams LOLOLOL the UBP/OBA will next give you free milk and cookies and it’s not even Christmas yet. It’s an election year we want more dumb asum and I’m still not voting 4 you.

      • Humphrey says:

        Good don’t need you just whine all the timesay some thing to help

      • Humphrey says:

        No it’s trying to keep them off the stop.list so when they get.older and wake.up. they might Still.be able to travel to USA for education or whatever without having to pay for the rest of their life for what they his in their teens you.neef to spell the coffee and stop being so negative about everything that the pop or the don’t say.

        • the truth will set you free says:

          Humphrey if they are so concerned then the individuals who were placed on the stop list for small amounts of drug for their personal use. The should have not been criminalized in the first place, after all the so called War on Drugs was a war on people of African ancestry.

          • outkasted says:

            We need to get this right from jump. I agree a bit with what Onion Juice stated with regards to profiling. This can happen on any given Sunday depending circumstances. Get the guy on the street for a spliff…yup he getting it on the short end of the stick. Let there be a concert or an event where everyone is ‘vibing’it is tolerated. Is it right? Depends on who you ask. For some the concert event is considered ‘Freeing up’ and no harm done. A guy walking down the road minding is own business and happens to be less than 100 yards from a school can be bowled.

    • Just think of de amountof guys on de STOP LIST in de last 40 years.
      SMFH

      • serengeti says:

        If only there had been a way to prevent them getting on the stop list.

        • sage says:

          You ever wonder why drunk driving, a serious criminal offense, does not qualify one for the non-existant stop list?

      • Jus' Wonderin' says:

        THE STOP LIST APPLIES TO EVERY COUNTRY IN THE WORLD, NOT JUST BERMUDA. IT’S A MYTH THAT IT’S JUST BERMUDA.

        • sage says:

          Really? Why did 19 known terrorists enter the US pre-2001 and even after that another terror suspect on the “watch list”, the under wear bomber was able to board a plane, even after his father warned the FBI? Because bermudian weed smokers are far more dangerous, you can’t get near a US bound plane if you are on the “stop list”. I have seen mexicans caught at the border with large amounts of drugs and are barred from re-entry for 5 years on the Border Wars show, Bermudians get 99yrs. I think Trump needs to hear about this.

  2. Terry says:

    More bulls..t from OBA.

    45 years ago I gave cautions to some I arrested and there were many.

    More paper work.
    The more things change the more………………

    • Earth watch police says:

      This is a f##**** joke mussendon I used to have respect for you so if the cop does not like you or profiles you they can still prosecute !well this is bermuda land of hypocritical ignoramuses doesn’t matter anyway as politicians and high society will still be immune from prosecution!

    • 2000 job promise says:

      Every Police Officer and Customs Officer will now be required to have a pocket scale the UBP has spoken.

    • The Original Truth™ says:

      The AG knows all about how some get cautioned while others don’t. Especially when they are close and dear to those in high places.

  3. Kenneth says:

    This is great news as it alleviates the burden on the police and court systems to haul individuals in for negligible amounts of marijuana. Moreover, it removes the stigma and punitive measure placed on first time offenders who are prevented from traveling to the US for pleasure but moreso educational opportunity. Bravo to the Minister and his government colleagues for enacting long overdue legislation.

    • sage says:

      Small things please small minds. 3 grams isn’t even a healthy spliff, what science or logic are they basing this amount on? They need to remove all penalties for any amount of herb, it is not only harmless, it’s beneficial in many ways , how about we make cigarettes illegal since they actually kill people, millions of people annually, that would save lives but would create a black market and would be almost as backwards as the anti-cannabis laws .

  4. sage says:

    “Cautions permit the police and prosecutors to consider a response which is proportionate to the level of criminality involved.” Any criminality was created by your oppressive laws which should be repealed”. The level of criminality in harassing, arresting, prosecuting, fining jailing, and imprisoning people for a beneficial plant whilst killer drugs are legal, is off the charts. Total waste of borrowed money, congratulations. Anyone recall the procedure when a certain AG’s kid got off scot free? This anti-herb law is founded on racism, greed and ignorance. As someone so rightly put it: “the law is an a$$.”

  5. Kidder says:

    Well done OBA. It will protect the future of our Bermudian youths. There is simply no denying that.

  6. inna says:

    Ignorance of the highest order !!

  7. Reality says:

    JUST LEGALIZE THE PLANT!

    • Bopsy says:

      Sadly, for all us who have served time for this plant for it to be later deemed ok is foolishness, will the government give us our time back….. think not, keep burning and don’t EVER stop.

      • Humphrey says:

        It was ileagal n still is u done the crime n u served ya time just be glad. U do have ya life back

      • Just the Tip says:

        While no one is able to give time back, if and when it is legalized I feel the government need to go back over all the case and for those that it was a small amount the record should be expunged (sp?)(is that the right term?)

        • sage says:

          Why is everyone stuck on “small amounts”? It is harmless for C#%#%ts’ sake, any limits other than age, are totally unnecessary, all convictions should be expunged, I can’t wait until they are forced to pay reparations for all the people who were brutalized and had their lives destroyed for no good reason.

          • Just the Tip says:

            I say small amounts cause it limits it, what you are suggesting of a blanket removal is missing one fact. Lets say your idea get put up to play, what happens to the dealers who along with weed have other drugs? do they not also get their record expunged? what about the smugglers who along with weed had smuggled in harder drugs? with your suggestion people who have brought in harder drugs would have crimes removed that shouldn’t be removed, and before you say “well common sense would…” remember you are dealing with the law and lawyers who make money off of twisting the laws to suit their clients.

    • Just the Tip says:

      I agree, I also say they should follow Colorado an legalize it and then tax it if you want to make a business out of it.

      • sage says:

        Just say no to taxes on herb. What kind of brainwashed sheep calls for more taxation? The savings realized by abandoning the war on ganja would save millions per year, and why should the central government, who gladly trampled over peoples rights for decades unjustly, and are being dragged, kicking and screaming into modern times now the truth is coming out, be entitled to tax a locally produced agricultural commodity? Before we cripple a fledgling “industry” (like these blanks have done with gambling fees) I remember IB saying they should pay their fair share a while back.

        • Just the Tip says:

          Again I point to Colorado which their businesses have been doing fine, growing even, and they had taxes on it. I’m not saying tax it to death but taxes or fees for licenses for growing and selling would help our very much in debt government. Do like Colorado and have 50% of the tax/fees go to education (think that’s the right %) that would be a good boost to our education budget, right?

          • sage says:

            Ganja smokers didn’t put the country in debt, and have been treated like third class citizens for years, go tax the rich, double or triple taxes on cancer sticks and devils’ soup, then cut all MPs’ pay by 50% to donate towards education. Colorados’ regime was conceived of by an ex- cop, who ruined countless lives during his scurrilous career, for herb, then gets handed the reigns when it became legal, total disgrace.

  8. NO MORE WAR says:

    I have never used drugs, alcohol or cigarettes but I can’t help but wonder how silly this decision really is. If you are gonna caution people for it why not just legsize it.

  9. Rasta says:

    I am voting OBA! Thanks!

    • sage says:

      False rasta.

      • The Original Truth™ says:

        They’re a rasta imposta. No true rasta would ever vote for a group that supports the suppression of Jah’s gifts

        • Jus' Wonderin' says:

          lmao the plp aint done nothing either so guesss rasta nah vote fi none ah dem!

  10. Ace says:

    3grms that’s like what 2 joints of loud, just decriminalize it. 28 U.S states and counting have some kind of marijuana law including other countries around the world. Former president Obama himself commissioned over 400 non violent drug offenders.This government is a_ _ backwards.

  11. KnowThyself says:

    so they saying if we get caught more than 4 times we get prosecuted. Which is garbage. Should not be no prosecution for 3 measly grams.

    • The Original Truth™ says:

      It’s all asinine. It’s like saying that a misdemeanor only turns into a criminal offense after you’ve been caught doing it 4 times. Instead of looking at this logically and putting a well thought out plan together the government has turned it into a game of chance that will have an indubitable advantage for those who don’t fit the profile.

      • Zevon says:

        It’s not a ‘game of chance’. If you you don’t want to be caught a 4th time, there is an obvious thing you could avoid doing.

  12. Bullseye says:

    Waste of time. I want to know the real hurdle of legalisation.

  13. School of Hard knocks. says:

    So what the hell happened to the 7 grams that they first spoke of? More lip service from the OBA

  14. Will says:

    So of the citizen caught with cannabis follows the guidelines as laid out here can the police officer refuse to abide by that and still a rest the individual even if that individual fits the criteria? Again this is only discretion so i can imagine robocop will arrest on site?

  15. Keepin' it Real!...4Real! says:

    Simple possession of an ounce…no prosecution…IMPORTATION…LIFE IN PRISON.

    What confuses me is this…cannabis as it stands is an ILLEGAL substance, yet it’s ok to be in possession of 3 grams…but you cannot buy it legally from a licenced vendor…so..??? You see where I’m going wit this right??

    DONT CRITICIZE IT…LEGALIZE IT…

    Let us grow it…then whilst we save our money from the BLACK MARKET…We will have more money to spend in Bermudas Retail outlets…savings for the smokers …profits for retailers…poorhouse for dealers and smugglers.

  16. The Original Truth™ says:

    Bravo OBA! For bringing in a legislation that not only encourages drug dealers to keep dealing but also make more profits off selling smaller portions more frequently at higher rates than selling in bulk. Common sense isn’t that common up on the hill.

  17. giddy up says:

    people please educate yourself on this matter. alcohol and cigarettes are a lot more dangerous. marijuana has a lot of healing effects. Do your homework. It can also make clothes,soaps & other products. It can make clean burning fuel & it has lots of other uses.