Criminal Justice (International Cooperation) (Bermuda) Amendment Act 2007
CRIMINAL J USTICE (INTERNATIONAL COOPERATION)
(BERMUDA) AMENDMENT ACT 2 0 0 7
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BERMUDA
2007 : 27
CRIMINAL JUSTICE (INTERNATIONAL COOPERATION)
(BERMUDA) AMENDMENT ACT 2007
[Date of Assent: 10 August 2007]
[Operative Date: 25 September 2009]
ARRANGEMENT OF SECTIONS
1 Short title and commencement
2 Interpretation
3 Section 8A added to principal Act
WHEREAS it is expedient to make provision for powers of search
for material relevant to overseas investigations, and for connected
matters:
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 and commencement
1 This Act may be cited as the Criminal Justice (International
Cooperation) (Bermuda) Amendment Act 2007 and shall come into
operation on such day as the Minister of Justice may appoint by notice
published in the Gazette.
CRIMINAL J USTICE (INTERNATIONAL COOPERATION)
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Interpretation
2 In this Act, unless the context otherwise requires the “principal
Act” means the Criminal Justice (International Cooperation) (Bermuda)
Act 1994.
Section 8A added to principal Act
3 The principal Act is amended by adding the following section
after section 8—
“Search etc. for material relevant to overseas investigation
8A (1) Part III of the Police and Criminal Evidence Act 2005
(powers of entry, search and seizure) shall have effect as if
references to serious arrestable offences in section 8 of and
Schedule 1 to that Act included any conduct which is an offence
under the law of a country or territory outside Bermuda and
would constitute a serious arrestable offence if it had occurred in
Bermuda.
(2) If, on an application made by a police officer a
magistrate is satisfied—
(a) that criminal proceedings have been instituted
against a person in a country or territory outside
Bermuda or that a person has been arrested in the
course of a criminal investigation carried on there;
(b) that the conduct constituting the offence which is
the subject of the proceedings or investigation
would constitute an arrestable offence within the
meaning of the said Act of 2005 if it had occurred
in Bermuda; and
(c) that there are reasonable grounds for suspecting
that there is on premises in Bermuda occupied or
controlled by that person evidence relating to the
offence other than items subject to legal privilege
within the meaning of that Act,
he may issue a warrant authorising a police officer to enter and
search those premises and to seize any such evidence found
there.
(3) The power to search conferred by subsection (2) above
is only a power to search to the extent that is reasonably
required for the purpose of discovering such evidence as is there
mentioned.
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(4) No application for a warrant or order shall be made by
virtue of subsection (1) or (2) except in pursuance of a direction
given by the Attorney General in response to a request received—
(a) from a Court or Tribunal exercising criminal
jurisdiction in the overseas country or territory in
question or a prosecuting authority in that
country or territory; or
(b) from any other authority in that country or territory
which appears to him to have the function of making
requests for the purposes of this section;
and any evidence seized by a police officer by virtue of
this section shall be furnished by him to the Attorney
General for transmission to that Court, Tribunal or
authority.
(5) If in order to comply with the request it is necessary for
any such evidence to be accompanied by any certificate, affidavit
or other verifying document the police officer shall also furnish for
transmission such document of that nature as may be specified in
the direction given by the Attorney General.
(6) Where the evidence consists of a document the original
or a copy shall be transmitted, and where it consists of any other
article the article itself or a description, photograph or other
representation of it shall be transmitted, as may be necessary in
order to comply with the request.”.
