Extending 28 Day Hold, Police Dispersal Powers
The House will be invited to consider extending provisions of the Firearms and the Criminal Code Act, Public Safety Minister Michael Dunkley said today [Dec 6] in the House of Assembly.
Both extensions — which allow the police to apply to detain suspects for up to 28 days as well as permit police to disperse people — would be through 31st December 2016.
“Since 2009 and the surge in gang violence and gang-related crime, legislators have been concerned to provide the Police with all reasonable means by which to fight crime,” said the Minister. “Honourable Members may recall that in 2010 extraordinary powers were provided to the Police to assist in the investigation of serious crime.”
The Minister said the Firearms Act provisions allow the Police to apply to the Supreme Court for warrants for detention of suspects without charge for up to 28 days while awaiting forensic results relating to an offence under the Act or a serious arrestable offence involving firearms or ammunition.
Since 2010 there have been 12 applications for warrants of detention without charge, each applications was successful and in 8 of those cases convictions have been recorded, said Minister Dunkley.
The Minister said, “The benefit of this section is seen in the ability of the Police to interview witnesses who might otherwise be intimidated if a suspect is on bail and conversely, it disrupts the cycle of gang violence by keeping suspects safely out of circulation where someone has been shot or killed.
“This Government also seeks to extend the powers under section 110 of the Criminal Code, which permit the Police to disperse individuals where residents are harassed, intimidated or feel their neighbourhood is unduly and negatively impacted by anti-social behaviour.
The Minister’s full statement follows below:
Mr. Speaker, strong enforcement by the Bermuda Police Service has been one of the critical elements in the fight against guns, gangs, drugs and violence.
Since 2009 and the surge in gang violence and gang-related crime, legislators have been concerned to provide the Police with all reasonable means by which to fight crime. Honourable Members may recall that in 2010 extraordinary powers were provided to the Police to assist in the investigation of serious crime.
Mr. Speaker, this Honourable House will be invited to consider extending provisions of the Firearms Act 1973 and the Criminal Code Act 1907 which were approved in this Honourable House as deliberate measures designed to tackle anti-social behaviour and violent crime in this country.
Mr. Speaker, Honourable Members will recall that the Firearms Act provisions allow the Police to apply to the Supreme Court for warrants for detention of suspects without charge for up to 28 days while awaiting the results of forensic analysis relating to an offence under the Act or a serious arrestable offence involving firearms or ammunition. By virtue of section 17 of the Act, the provision would expire on 31st December 2013 unless the Minister responsible for justice extended their duration by Notice published in the Gazette.
Mr. Speaker, for the information of Honourable Members, since 2010 there have been 12 applications for warrants of detention without charge. Each of those applications has been successful and in 8 of those cases convictions have been recorded. The benefit of this section is seen in the ability of the Police to interview witnesses who might otherwise be intimidated if a suspect is on bail and conversely, it disrupts the cycle of gang violence by keeping suspects safely out of circulation where someone has been shot or killed.
Mr. Speaker, Honourable Members can rest assured that the Police have exercised restraint and made good use of the provisions to apply for warrants of further detention. All applications have been successful, having withstood the scrutiny of the Supreme Court. This Government is committed to supporting the Police and to providing the legislative tools necessary to facilitate the important work of law enforcement.
In addition to the Firearms Act provisions, Mr. Speaker, this Government also seeks to extend the powers under section 110 of the Criminal Code. Honourable Members will recall that these powers permit the Police to disperse individuals and clear-up and area where residents are harassed intimidated or feel their neighbourhood is unduly and negatively impacted by anti-social behaviour. In one case, in response to calls for action from residents in the area of Cambridge Road, these provisions were activated and had the desired effect of dispersing the anti-social elements that had so dominated the area as to make residents and their guests uncomfortable in the area.
Mr. Speaker, these provisions under the Criminal Code are directly aimed at promoting safer neighbourhoods and in practice the Police have activated their use only when supported by the residents of an affected area. This section of the Code gives “teeth” to the Community Action Teams around the Island and provides some comfort to residents that something can be done to reclaim communities and promote safer environments for our families.
Mr. Speaker, both of these extensions are through 31st December 2016. This fight against guns, gangs, drugs and violence is by no means at an end. In any period of relative calm the Government and law enforcement must capitalize on the results of strong enforcement to reverse trends and demonstrate that zero-tolerance is not just a buzz word but an unwavering approach to this kind of lifestyle and its effects on the community.
Thank you, Mr. Speaker.
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