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Criminal Code Amendment (No. 2) Act 2004

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Criminal Code Amendment (No. 2) Act 2004
CRIMINAL CODE AMENDMENT ACT (NO.2) ACT 2004

BERMUDA

2004:27

THE CRIMINAL CODE AMENDMENT (NO.2) ACT 2004

Date of Assent: 3 December 2004

Operative Date: 3 December 2004

WHEREAS it is expedient to increase the penalties with respect
to certain offences of assault against the person;

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 may be cited as the Criminal Code Amendment (No. 2)
Act 2004.

Interpretation
2 In this Act, "the principal Act" means the Criminal Code Act
1907.

Section 306 of principal Act amended
3 Section 306 of the principal Act is amended 

(a) by deleting "twelve months" and substituting "three
years";

(b) by deleting "five years" and substituting "seven years".

CRIMINAL CODE AMENDMENT (NO.2) ACT 2004

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Section 309 of principal Act amended
4 Section 309 of the principal Act is amended 

(a) by deleting "twelve months" and substituting "two years";

(b) by deleting "two years" and substituting "four years".

Section 310 of principal Act amended
5 Section 310 of the principal Act is amended by deleting "fine of
$1250 or to imprisonment for twelve months" and substituting "fine of
$5000 or to imprisonment for four years".

Section 311 of principal Act amended
6 Section 311 of the principal Act is amended 

(a) by deleting "three years" and substituting "five years";

(b) by deleting "twelve months or to a fine of $1250" and
substituting "three years or to a fine of $3000".

Section 315 of principal Act amended
7 Section 315 of the principal Act is amended 

(a) in paragraph (a), by deleting "imprisonment for twelve
months or to a fine not exceeding $600" and
substituting "imprisonment for two years or to a fine of
$1500";

(b) in paragraph (b), by deleting "imprisonment for two
years or to a fine not exceeding $1250" and substituting
"imprisonment for four years or to a fine of $5000".

Section 320 of principal Act amended
8 Section 320 of the principal Act is amended by deleting "is guilty
of a summary offence, and is liable to imprisonment for six months" and
substituting "is guilty of a misdemeanour, and is liable on summary
conviction to imprisonment for two years and on conviction on
indictment to imprisonment for four years.".

Section 321 of principal Act amended
9 Section 321 of the principal Act is amended by deleting "twelve
months" and substituting "three years".

Sections 322A and 322B inserted in principal Act
10 The principal Act is amended by inserting the following section
after section 322

CRIMINAL CODE AMENDMENT ACT (NO.2) ACT 2004

"Increased penalty zones
322A (1) Where a person is being sentenced for an offence
under sections 306, 309, 310, 311, 314(1), 315(1) and 320 of
this Act which was committed (whether wholly or partly) in an
increased penalty zone, the court shall —

(a) first determine the sentence ("the basic sentence")
in accordance with established principles but
without regard to this section; then

(b) where the basic sentence includes a term of
imprisonment or a fine, increase that sentence by
adding an additional element determined in
accordance with subsection (2).

(2) The additional element shall be —

(a) a term of imprisonment of at least one year but not
more than three years, where the basic sentence
includes a term of imprisonment of less than seven
years;

(b) a term of imprisonment of at least three years but
not more than five years, where the basic sentence
includes a term of imprisonment of seven years or
more;

(c) a fine of at least $1000 but not more than $10,000,
where the basic sentence includes a fine.

(3) For the purposes of this section, "increased penalty
zone" means any of the places listed in the following Table.

TABLE OF INCREASED PENALTY ZONES

1 For the purposes of subsection (1), the following places are
increased penalty zones —

(a) any of the following places —

(i) any premises of a school or day care centre as
defined by the Education Act 1996 or Part IX of the
Children Act 1998;

(ii) any registered children's home or residential home
under the Children Act 1998 ;

(iii) the Bermuda College;

(iv) the National Sports Centre; and any other field or
ground where organised sporting events are held;

and any place within 300 metres of such a place; and

(b) any of the following places—

CRIMINAL CODE AMENDMENT (NO.2) ACT 2004

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(i) a playground, public park, public playing field,
public garden or public beach;

(ii) any venue where an organised community event is
taking place, such as Harbour Nights, a musical
concert or other cultural or artistic event;

(iii) a camp site maintained by the Department of Youth
Development, Sport and Recreation;

(iv) a swimming pool intended for use by the public;

(v) a video games facility;

(vi) a youth centre;

(vii) the bus terminal in Hamilton;

(viii) a drug treatment or rehabilitation facility;

(ix) the hospitals, as defined by the Bermuda Hospitals
Board Act 1970;

(x) a prison;

and any place within 100 metres of such a place.

2 In this Table —

"drug treatment or rehabilitation facility" means —

(a) a treatment or rehabilitation centre established by
regulations made under section 24 of the Misuse of
Drugs Act 1972; or

(b) any other place where persons addicted to or
dependent upon any controlled drug receive treatment
or assistance with rehabilitation;

"playground" means an open area with playground equipment
intended for use by the public for recreational purposes;

"prison" means a place declared to be a prison under section 5
of the Prisons Act 1979;

"video games facility" means a place of business where young
persons may play video or electronic games;

"youth centre" means any place operated by —

(a) the Department of Youth Development, Sport and
Recreation;

(b) a church; or

(c) a sports club;

where young persons may pursue organised sports or leisure
activities;

"young persons" means persons under the age of eighteen.

CRIMINAL CODE AMENDMENT ACT (NO.2) ACT 2004

(4) Where the Minister considers it in the public interest to
do so, he may, by order subject to the negative resolution
procedure, amend the Table so as —

(a) to add to the definition of increased penalty zone
any particular place or any description of place; or

(b) to amend any distances there mentioned.

Power of arrest for assault
322B (1) This section applies to offences under sections 306,
309, 310, 311, 315, 320 and 321.

(2) An offence to which this section applies is an offence
for which the offender may be arrested without warrant.".

CRIMINAL CODE AMENDMENT ACT (NO.2) ACT 2004