Police Complaints Authority Amendment Act 2005
POLICE COMPLAINTS AUTHORITY AMENDMENT ACT 2005
BERMUDA
2005 : 22
POLICE COMPLAINTS AUTHORITY
AMENDMENT ACT 2005
Date of Assent: 3 August 2005
Operative date: 3 August 2005
WHEREAS it is expedient to amend the Police Complaints
Authority Act 1998 to make better provision for the resolution of
complaints against police officers:
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 Police Complaints Authority Act
1998 (the "principal Act"), may be cited as the Police Complaints
Authority Amendment Act 2005.
Amends section 7 of principal Act
2 Section 7(4) of the principal Act is amended by inserting next
after the words "complaint to", the words "record the date of its receipt
and".
Amends section 10 of principal Act
3 Section 10 of principal Act is amended —
1
POLICE COMPLAINTS AUTHORITY AMENDMENT ACT 2005
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(a) in subsection (1)(b), by inserting next after the word
"complaint" the words "and the Chairman may, if he
thinks fit, designate a member of the Authority to attend
any or all of the proceedings on a police investigation or
hearing of a complaint";
(b) in subsection (1)(d), by inserting next after the word
"complaint" the words "and may, if it thinks fit,
recommend the form of informal resolution which it
considers appropriate in the circumstances";
(c) by inserting next after subsection (1) the following
subsection—
"(1A) Without prejudice to the generality of subsection
(1)(d), the Authority may recommend, in particular,
that—
(a) a complaint be dealt with by mediation; or
(b) that an officer who is the subject of a
complaint be sent for counselling,
if the Authority is of the opinion, having regard to all the
circumstances of the case, that mediation or counselling
is suitable.".
Amends section 14 of principal Act
4 Section 14 of the principal Act is amended —
(a) in subsection (1), by deleting the words “as soon as
practicable, and in no case later than 21 days after the
completion of a police investigation of a complaint,” and
substituting the words “, in respect of a complaint,”;
(b) by inserting next after subsection (1) the following
subsections —
"(1A) The Commissioner shall report to the Authority
under subsection (1) within two months after the day
when a complaint is received by an officer in accordance
with section 7(4).
(1B) The Authority may in the circumstances of the
investigation of a particular complaint, in writing, extend
the time period referred to in subsection (1A) for such
period as it considers appropriate.
(1C) If within the time period specified pursuant to
this section the Commissioner fails to submit a report to
the Authority, the Authority, after considering any
reasons given by the Commissioner, may transmit to the
POLICE COMPLAINTS AUTHORITY AMENDMENT ACT 2005
3
Minister for tabling in both Houses of the Legislature
such report on the matter as it thinks fit.".
Amends section 15 of principal Act
5 Section 15 of the principal Act is amended —
(a) in the Heading, by deleting the words "at the request of
the Authority";
(b) in subsection (1), by deleting the words "whenever the
Authority so requests".
Amends section 27 of principal Act
6 Section 27 of the principal Act is amended by inserting next after
the word "section" the words "14 or".
Transitional
7 Every investigation or hearing of a complaint which is pending
on the coming into operation of this Act, shall be continued and
completed as if the investigation or hearing had been commenced under
the provisions of this Act.
