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Indictable Offences Amendment Act 1999

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Indictable Offences Amendment Act 1999
INDICTABLE OFFENCES AMENDMENT ACT 1999

1

BERMUDA
1999 : 46

INDICTABLE OFFENCES AMENDMENT ACT 1999

[Date of Assent 22 December 1999]

[Operative Date ]

WHEREAS it is expedient to amend the Indictable Offences Act
1929:

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, which amends the Indictable Offences Act 1929, may
be cited as the Indictable Offences Amendment Act 1999.

Inserts section 13A in Indictable Offences Act 1929
2 The Indictable Offences Act 1929 is amended by inserting next
after section 13 the following section—

"Video conference appearance while on remand
13A (1) In relation to section 13(2), the person in charge of
the accused person may, where—

(a) the prosecutor and the accused person agree;
and

INDICTABLE OFFENCES AMENDMENT ACT 1999

2

(b) the magistrate or Justice of the Peace, as the
case may be, so orders,

cause the accused person to appear before the magistrate or
Justice of the Peace by a means set out in subsection (2) for any
part of the preliminary proceedings other than a part in which
the evidence of any witness is taken.

(2) The means referred to in subsection (1) are an
appearance by the accused person—

(a) by video conference; or

(b) by any other means that allow the magistrate or
Justice of the Peace, as the case may be, and
the accused person to engage in simultaneous
visual and oral communication.".

Savings and transitional
3 (1) Orders made under section 13(2) that are in effect
immediately before the commencement day continue in effect.

(2) On or after the commencement day, the magistrate or
Justice of the Peace, as the case may be, may, where the prosecutor and
accused person agree,

(a) revoke an order referred to in subsection (1); and

(b) make an order under section 13A in relation to the
accused person.

(3) "Commencement day" means the date on which this Act
comes into operation.

Commencement
4 This Act comes into operation on such day as the Minister of
Labour, Home Affairs and Public Safety may appoint for the purpose by
notice published in the Gazette.