Stalking Amendment Act 1998

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

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Stalking Amendment Act 1998
STALKING AMENDMENT ACT 1998

1

BERMUDA
1998 : 28

STALKING AMENDMENT ACT 1998

[Date of Assent 8 July 1998]

[Operative Date 8 July 1998]

WHEREAS it is expedient to amend the Stalking Act 1997:

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:

Short title
1 This Act which amends the Stalking Act 1997 (hereinafter
referred to as "the principal Act") may be cited as the Stalking
Amendment Act 1998.

Amends section 10 of principal Act
2 Section 10 of the principal Act is amended by deleting the
heading thereto and substituting the following—

"Power of arrest may be attached to protection order".

Inserts new section 10A in principal Act
3 The principal Act is amended by inserting next after section 10
the following new section—

STALKING AMENDMENT ACT 1998

STALKING AMENDMENT BILL 1998

2

"Additional power of arrest
10A (1) Where a police officer has reasonable cause to
suspect that a person has committed, or is committing, an
offence under section 4 he may, without a warrant, arrest that
person.

(2) Where a person is arrested without a warrant in
reliance on subsection (1), he shall be brought before the court
within the period of 48 hours beginning at the time of his arrest,
or as soon as reasonably practicable after the arrest.".

Amends section 11 of principal Act
4 Section 11 of the principal Act is amended by deleting
subsection (1) and substituting the following—

" (1) The court may make a protection order without
section 7 or subsection (1) of section 9 having been complied
with if the court is satisfied that undue hardship, or the risk of
harm, will be caused—

(a) to a complainant; or

(b) in a case where a person has been arrested and
brought before the court pursuant to section
10A, to a victim or a connected person.".

Amends section 21 of principal Act
5 Section 21 of the principal Act is repealed and replaced by the
following—

"Power to enter premises
21 A police officer may, without a warrant, enter any
premises for the purpose of giving assistance to any one present
on the premises—

(a) if he has reasonable cause to suspect that a
protection order is being contravened; or

(b) if he has reasonable cause to suspect that a
person is committing an offence under section
4.".