Shadow AG Clarifies PACE Legislation Details
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[Updated] Recently there have been comments made in the media by the Attorney General the Hon. Mark Pettingill regarding several bills that were passed by the Progressive Labour Party Government,” Shadow Attorney General Kim Wilson said.
“One comment referenced Mr. Pettingill remarking that the PLP did not bring in force certain sections of PACE and that the police were requesting additional powers. He stated that the power was given to the Police several years ago but the PLP would not bring the act into place.
“As one of Bermuda’s top criminal defense attorneys, and as the newly appointed Attorney General, Mr. Pettingill should know that many sections of PACE have come into force on multiple commencement dates so as to ensure that the Police and the Magistrates Court Building [Dame Lois Browne-Evans Building] was PACE compliant. Part V is not yet enforce because of the absence of the sufficient number of trained custody sergeants.
“When the PLP Government brought into force the Police and Criminal Evidence Act 2006 [PACE], it was always the intention to bring it into force in 4 phases. These phases have provided the Police with extensive new powers including video identification parades, the mandatory taking of electronic fingerprints, photographs and DNA samples from detained persons in custody.
“In addition, new powers of arrest and use of reasonable force were extended and simplified. In order to provide a safe guard to suspects, new stop and search powers provide the person being searched with a record of the search and the grounds for suspicion exercised by the police officer.
“Part V of PACE which refers to detention of suspects has not yet been brought into force. In order for this section to operate and be brought into force, it requires a number of sufficiently trained Custody Sergeants to be employed in the “Designated PACE compliant police station” which is located at the new Hamilton Police Station.
“The role of the Custody Sergeant is paramount to the legal requirements concerning detention of suspects as required in PACE. This is to ensure that suspects are not unlawfully detained. The police have indicated previously that they did not have the resources to train up PACE Compliant Custody Sergeants hence the reason Part V has not yet come into force,” concluded Ms Wilson.
Update 5.25pm: In response to the Shadow Attorney General’s statement Attorney General Mark Pettingill said: “Firstly, the Shadow Attorney General has misconstrued my comments.
“I said the Bermuda Police Service had certain powers but they were not necessarily aware of them because of a lack of follow up and assessment after legislation was passed.
“The previous Government passed the PACE legislation in 2006. However, it is now 2013 and the previous Administration needs to accept some responsibility for not getting it fully operational in 6 years whilst crime continued to escalate. “
Nobody wants to hear you anymore Kim
The Bermuda police don’t have any “powers” Kim and its hardly surprising they don’t know about what they can and can’t do, what they need to get is some respect from us Bermudians and a leader who can guide them to that end.