Police Amendment Act 1998

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1998/Acts/Police%20Amendment%20Act%201998.pdf

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Police Amendment Act 1998
POLICE AMENDMENT ACT 1998

1

BERMUDA
1998 : 3

POLICE AMENDMENT ACT 1998

[Date of Assent 18 March 1998]

[Operative Date 1 October 2001]

WHEREAS it is expedient to amend the Police Act 1974 to
authorize the establishment of a Code of Practice on tape recording of
interviews of suspects and to require that interviews of persons
suspected of the commission of indictable offences which are held at
designated police facilities be recorded in accordance with the Code of
Practice:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act may be cited as the Police Amendment Act 1998.

Insertion of new section
2 The Police Act 1974 is amended by inserting next following
section 32 the following new section—

"Police orders, Code of Practice
32A (1) Without prejudice to section 32, the Governor may
by order—

POLICE AMENDMENT ACT 1998

2

(a) establish a Code of Practice in connection with
the tape recording of interviews of persons
suspected of the commission of indictable
offences which are held by police officers at
designated police facilities; and

(b) require the tape recording of interviews of
persons suspected of the commission of
indictable offences, which are so held, in
accordance with the Code.

(2) The Commissioner may by notice published in the
Gazette designate as a facility an area within a police station or
other building used by the police in which equipment is provided
for the tape recording of interviews.

(3) The Commissioner shall issue notes for guidance of
police officers and others on the application and interpretation of
the Code and copies of such notes shall be kept at every
designated police facility and be available for public inspection.

(4) A police officer commits a disciplinary offence if,
without good and sufficient cause, he fails to comply with any
provision of the Code but such failure shall not of itself render
him liable to any civil or criminal proceedings.

(5) Section 6 of the Statutory Instruments Act 1977
shall not apply to an order made under this section.

(6) In this section—

"Code" means the Code of Practice referred to in
subsection (1)(a);

"designated police facility" means an area within a
police station or other building used by the
police designated under subsection (2);

"indictable offence" includes an offence in respect of
which an accused person is triable on
indictment whether or not he is also triable
summarily.".

Commencement
3 This Act comes into operation on such date as the Minister
responsible for police matters may appoint by notice published in the
Gazette.