Criminal Code Amendment Act 2010
1
BERMUDA
2010 : 5
CRIMINAL CODE AMENDMENT ACT 2010
[Assent Date: 19 March 2010]
[Operative Date: 19 March 2010]
ARRANGEMENT OF SECTIONS
1 Short title
2 Amends section 3
3 Inserts sections 110A to
110C
4 Amends section 315
5 Amends section 315F
6 Inserts section 315G
7 Amends section 329D
8 Amends section 362
9 Amends section 376
10 Duration of section 3
WHEREAS it is expedient to amend the Criminal Code Act 1907;
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 Act
2010.
Amends section 3
2 The Criminal Code Act 1907 (in this Act referred to as “the
principal Act”) is amended in section 3 by inserting the following
definitions in their proper alphabetical positions—
““anti-social behaviour” means behaviour by a person which
causes or is likely to cause harassment, alarm or distress to
one or more other persons not of the same household as the
person;
CRIMINAL CODE AMENDMENT ACT 2010
2
“Minister” means the Minister responsible for Justice;
“public place” includes any highway or estate road and any other
premises or place to which at the material time the public has
or is permitted to have access, whether on a payment or
otherwise;”.
Inserts sections 110A to 110C
3 The principal Act is amended by inserting the following sections
next after section 110—
“Dispersal of groups and removal of persons under 17 to their
place of residence
110A (1) This section applies where a police officer not below
the rank of inspector has reasonable grounds for suspecting that
in a locality where anti-social behaviour is a significant and
persistent problem—
(a) any member of the public has been intimidated,
harassed, alarmed or distressed as a result of the
presence or behaviour of groups of two or more
persons in a public place in that locality; or
(b) the presence or behaviour of a group of two or
more persons in any public place in the relevant
locality has resulted, or is likely to result, in any
members of the public being intimidated,
harassed, alarmed or distressed.
(2) The police officer referred to under subsection (1) may
in pursuance of subsection (1), give an authorisation that the
powers conferred on a police officer under subsections (6) to (8)
are to be exercisable for a period not exceeding two weeks,
specified in the authorisation.
(3) If an inspector gives an authorisation under
subsection (2), he must as soon as practicable, inform or cause a
police officer of or above the rank of superintendent to be
informed.
(4) If it appears to a police officer of or above the rank of
superintendent that it is expedient to do so, having regard to
offences which have or are reasonably suspected to have been
committed or are reasonably suspected to be likely to be
committed in connection with any activity falling within the
authorisation, the police officer may direct that the authorisation
shall continue in force for a further period not exceeding one
month or be reduced.
CRIMINAL CODE AMENDMENT ACT 2010
3
(5) A direction given under subsection (4) shall be in
writing or, where that is not practicable, recorded in writing as
soon as it is practicable to do so.
(6) In pursuance of subsection (2) and subject to
subsection (7), a police officer may give any of the following
directions—
(a) a direction requiring the persons in the group to
disperse (either immediately or by such time as
the officer may specify and in such way as the
officer may specify);
(b) a direction requiring any of those persons whose
place of residence is not within the relevant
locality to leave the relevant locality or any part of
the relevant locality (either immediately or by such
time as the officer may specify and in such way as
the officer may specify); and
(c) a direction prohibiting any of those persons whose
place of residence is not within the relevant
locality from returning to the relevant locality or
any part of the relevant locality for such period
(not exceeding two weeks) from the day of the
giving of the direction as he may specify.
(7) A direction under subsection (6) may not be given in
respect of a group of persons—
(a) who are engaged in conduct which is in
accordance with section 32 of the Labour
Relations Act 1975; or
(b) who are taking part in a public procession which
is lawful under the Public Order Act 1963.
(8) If, between the hours of 9:00pm and 6:00am, a police
officer finds a person in any public place in the relevant locality
who he has reasonable grounds to believe—
(a) is under the age of 17; and
(b) is not under the effective control of a parent or a
responsible person aged 18 or over,
he may remove the person to the person's place of residence
unless the officer has reasonable grounds for believing that the
person would, if removed to that place, be likely to suffer
significant harm.
(9) In this section any reference to the presence or
behaviour of a group of persons is to be read as including a
CRIMINAL CODE AMENDMENT ACT 2010
4
reference to the presence or behaviour of any one or more of the
persons in the group.
Authorisations under section 110A: supplemental provisions
110B (1) An authorisation under section 110A(2) must—
(a) be in writing;
(b) be signed by the officer giving it; and
(c) specify—
(i) the relevant locality;
(ii) the grounds on which the authorisation is
given; and
(iii) the period during which the powers
conferred by section 110A(6) to (8) are
exercisable.
(2) Publicity must be given to an authorisation given
under section 110A(2) and the extension or reduction of an
authorisation given under section 110A(4) by either or both of
the following methods—
(a) publishing an authorisation notice in a newspaper
with wide circulation;
(b) posting an authorisation notice in a conspicuous
place or places within the relevant locality.
(3) An "authorisation notice" is a notice which—
(a) states the authorisation has been given;
(b) specifies the relevant locality; and
(c) specifies the period during which the powers
conferred by section 110A(6) to (8) are exercisable.
(4) Subsection (2) must be complied with before the
beginning of the period mentioned in subsection (3)(c).
(5) An authorisation may be withdrawn by—
(a) the officer who gave it; or
(b) any other officer whose police area includes the
relevant locality and whose rank is the same as or
higher than that of the officer mentioned in
paragraph (a).
CRIMINAL CODE AMENDMENT ACT 2010
5
(6) The withdrawal of an authorisation does not affect
the exercise of any power pursuant to that authorisation in
respect of a matter which occurred prior to its withdrawal.
(7) The giving or withdrawal of an authorisation does not
prevent the giving of a further authorisation in respect of a
locality which includes the whole or any part of the relevant
locality to which the earlier authorisation relates.
(8) In this section "authorisation" means an
authorisation under section 110A(2).
Powers under section 110A: supplemental
110C (1) A direction under section 110A(6)—
(a) may be given orally;
(b) may be given to an individual or to two or more
persons together; and
(c) may be withdrawn or varied by the person who
gave it.
(2) A person who refuses to comply with a direction given
to him by a police officer under section 110A(6) or resists
removal by a police officer under section 110A(8), commits an
offence and is liable on summary conviction to a fine not
exceeding $2,500 or to imprisonment for a term not exceeding
three months or to both such fine and imprisonment.
(3) A police officer may arrest without warrant any
person he reasonably suspects has committed an offence under
subsection (2).
(4) The powers conferred under section 110A are in
addition to and not in derogation of any power otherwise
conferred.”.
Amends section 315
4 Section 315(4) of the principal Act is amended by deleting the
definition of “public place”.
Amends section 315F
5 The principal Act is amended in section 315F—
(a) in subsection (1) by deleting “believes” and “24 hours”
and substituting “suspects” and “two weeks”,
respectively; and
(b) in subsection (2) by deleting “24 hours” and substituting
“period not exceeding one month or be reduced”.
CRIMINAL CODE AMENDMENT ACT 2010
6
Inserts section 315G
6 The principal Act is amended by inserting the following section
next after section 315F—
“Power to deal with items obscuring or concealing identity
315G (1) A police officer may in any public place, stop a
person and—
(a) require that person to remove any item which
the police officer reasonably suspects that
person is wearing to obscure or conceal his
identity; or
(b) seize any item which that person has and
which the police officer reasonably believes
that person could wear to obscure or conceal
his identity.
(2) A police officer may use reasonable force, if
necessary, in the exercise of the powers conferred under
subsection (1).
(3) A person who fails to comply with an order from a
police officer under subsection (1) or obstructs a police officer in
the course of performing his duties under subsection (1),
commits an offence and is liable on summary conviction, to a
fine not exceeding $2,500 or to imprisonment for a term not
exceeding three months or to both such fine and
imprisonment.”.
Amends section 329D
7 Section 329D(1) of the principal Act is amended by deleting the
definition of “Minister”.
Amends section 362
8 Section 362(4)(a) of the principal Act is amended by deleting “of
Justice”.
Amends section 376
9 Section 376(4) of the principal Act is amended by deleting “of
Justice”.
Duration of section 3
10 (1) Section 3 of this Act shall continue in force until 31 December
2013 and then expire, unless the Minister responsible for Justice, by
Notice published in the Gazette, extends its duration beyond 31
December 2013.
CRIMINAL CODE AMENDMENT ACT 2010
7
(2) Where the Minister responsible for Justice issues a Notice
under subsection (1) to extend the duration of section 3 beyond 31
December 2013, he may, from time to time, but before the expiration of a
Notice already issued, issue another Notice to extend the duration of
section 3, as and when needed.
(3) On the expiration of section 3 of this Act, section 16 of the
Interpretation Act 1951 shall apply as if section 3 of this Act had been
repealed by another Act.
