Police and Criminal Evidence Amendment (No. 2) Act 2009
1
BERMUDA
2009 : 52
POLICE AND CRIMINAL EVIDENCE AMENDMENT (NO. 2) ACT
2009
Assent Date: 22 December 2009
Operative Date: 4 January 2010
WHEREAS it is expedient to amend the Police and Criminal
Evidence Act 2006;
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 Police and Criminal Evidence
Amendment (No. 2) Act 2009.
Amends section 23
2 Section 23(2) of the Police and Criminal Evidence Act 2006 (in
this Act referred to as “the principal Act”) is amended by inserting the
following paragraph next after paragraph (a)—
“(aa) an offence under section 96(2) of the Revenue Act
1898;”.
Amends section 64A
3 Section 64A(3)(a) of the principal Act is amended by deleting
“charged” where it last occurs and substituting “reported”.
Amends Schedule 2
4 Schedule 2 of the principal Act is amended by deleting
paragraph 3 and substituting the following—
“3 (1) The second set of access conditions is fulfilled under
subparagraph (2) or (3).
POLICE AND CRIMINAL EVIDENCE AMENDMENT (NO. 2) ACT
2009
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(2) The second set of access conditions is fulfilled if there
are reasonable grounds for believing that there is material which
consists of, or includes, excluded material or special procedure
material, on premises specified in the application and —
(a) but for section 8(1)(d) the issue of a warrant under
section 8 to search for that material would have
been appropriate;
(b) the material is likely to be of substantial value
(whether by itself or together with other material)
to the investigation in connection with which the
application is made; and
(c) it is in the public interest that the material be
produced having regard to—
(i) the benefit likely to accrue to the
investigation by its production; and
(ii) the circumstances under which the
person in possession of the material holds
it.
(3) The second set of access conditions is fulfilled if, but
for section 9(2), a search of the premises for that material could
have been authorised by the issue of a warrant under an
enactment other than section 8 or this Schedule and the issue of
such a warrant would have been appropriate.”.
Consequential amendments
5 The enactments specified in the Schedule are amended in the
manner indicated in that Schedule.
Commencement
6 (1) This Act shall come into operation on such day as the
Minister may appoint by Notice published in the Gazette.
(2) A Notice made under subsection (1) may appoint different
days for different provisions of this Act to come into operation.
POLICE AND CRIMINAL EVIDENCE AMENDMENT (NO. 2) ACT
2009
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SCHEDULE (section 5)
ENACTMENTS AMENDED
Column 1 Column 2
Misuse of Drugs Act 1972 In section 25(3), delete “or justice of
the peace”;
Care and Protection of Animals Act
1975
In —
(a) section 5(2), delete “believe” and
substitute “suspect”;
(b) section 10—
(i) delete “justice of the peace”
and substitute “magistrate”;
(ii) delete “believing” and
substitute “suspecting”; and
(c) section 17(2), delete “justice of
the peace” wherever it occurs
and substitute “magistrate”.
Explosive Substances Act 1974 In section 19(1), delete “a justice of
the peace or”.
Firearms Act 1973 In section 27(1) delete “a justice of
the peace or”.
Mental Health Act 1968 In section 71(2)(a), delete “believe”
and substitute “suspect”.
Exchange Control Act 1972 In section 3(2)—
(a) delete “believe” and substitute
“suspect”; and
(b) delete “believing” wherever it
occurs and substitute
“suspecting”.
Merchandise Marks Act 1889 In section 9(1), delete “Justice of the
Peace” and “Justice” wherever they
occur and substitute “magistrate”.
Building Authority Act 1962 In section 5, delete “Justice of the
Peace” and substitute “magistrate”.
