PACE Bill: Allows Police to XRay Suspects
[Update: Bill effectively approved] Today during the debate in the House of Assembly, various MPs spoke on the Police and Criminal Evidence Amendment Act 2010, better known as PACE
The Bill seeks to give officers, of at least the rank of Inspector, the powers to order an xray and/or ultrasounds if they have reason to believe a suspect has swallowed drugs.
The Bill presented included further amendments including that a person arrested must be released prior to being taken to the police station, if a police officer is fully satisfied there is no reason to hold them.
The Bill also removed the ability for Justices of the Peace [JP] to sign warrants.
Minister Zane DeSilva [PLP] read the statement, and mentioned the bill has other “ancillary” amendments, and said it has been “embraced” by the Bermuda Police and Justice system.
Upon Minister DeSilva finishing his statement, the Shadow Attorney General Trevor Moniz [UBP] spoke.
11:25am: Mr. Moniz stated as a “preamble” that the UBP supports PACE, and talked about the surge of violence Bermuda has experienced. He said the UBP is frustrated by the lack of action by the Government on public safety, and they “haven’t seen the type of leadership” they wanted to see. Saying “these gun toting gangsters are running wild”, Mr Moniz said the Police are doing their best, but that we need new measures.
Mr Moniz mentioned concerns over the removal of JPs ability to sign warrants, saying it may further slow down the justice system.
11:35am: Mark Pettingill [BDA], a defense lawyer by trade, said that the BDA supports the measure, and supports all efforts to battle crime. He mentioned supporting improved technology, and said PACE has to be “on ongoing work.” He said he hopes we end up with with a “streamlined” Act.
He said he “implores and encourages” all Police officers to be aware of their duties under their legislation. He mentioned a Police officer performing an action, which was above his rank, so asked that all justice workers are aware of all provisions of the Act.
Mr Pettingill said he joins with Trevor Moniz in saying “he has concerns about search warrants”, and said that he personally used to issue search warrants. He said it is “onerous” for the list of people able to issue warrants to be shortened. Mr Pettigill called it “clogging to the system”, to remove all Justices of the Peace warrant signing ability.
He suggested JPs such as himself and Mr Moniz, who are “learned in the law”, should still be allowed to sign warrants, suggesting “specific individuals” be allowed to sign warrants. He said at any point only 8/9 people can sign warrants, and pointed out each person is not always readily available.
11:47am: Wayne Perinchief [PLP], who previously served as a Police Officer for 30 years, said the PACE Act has had a “long and torturous development.” He said PACE may be “problematic”, and along with Mr Pettingill and Mr Moniz, spoke about the limiting of search warrant issuing ability.
12:03pm: Paula Cox [PLP] speaks in support of bill, saying especially at this present time when Police need greater support.
12:07pm: Minister DeSilva says the law restricting JPs from signing warrants was passed in 2009.
12:15pm: Trevor Moniz [UBP] speaks on bail issues, and mentions the “absconding” of Jahmel Blakeney [the son of PLP MP Glenn Blakeney.]
12:18pm: Cole Simons [UBP] questions the aspects of the amendment release
12:22pm: Minister DeSilva calls Mr. Simons questions “hypothetical”. He then speaks to consent for minors getting an xray, saying they will need an adults consent.
12:26pm: Bill is effectively approved, debate moves to Liquor Licence Act….
Stop and search powers have been legal for the Bermuda Police since the Police and Criminal Evidence Act 2005. Police can stop and search any person or vehicle if they believe they have reason to. For example if they believe the individual is acting suspiciously, they suspect the person is about to commit a crime, or that an individual is in possession of drugs, weapons or stolen property.
In the first quarter of 2010, Police conducted 1,028 stop and searches were carried out, compared to 345 in the first quarter of 2010.
You can download or read the Police and Criminal Evidence Act [PACE] 2006 here [146 page PDF]
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