Police and Criminal Evidence Amendment Act 2016
FA E R
N

AT F
TQUO U

BERMUDA

POLICE AND CRIMINAL EVIDENCE AMENDMENT ACT 2016

2016 : 18

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:

Citation
This Act may be cited as the Police and Criminal Evidence Amendment Act 2016.

Inserts section 36A
After section 36 of the Police and Criminal Evidence Act 2006 (“the principal Act”)

insert—

“Guidance: formal police cautions
The Director of Public Prosecutions may issue guidance for the purpose

of enabling an officer of the rank of inspector or above to decide whether to issue
a formal police caution to a person.

The Director of Public Prosecutions may from time to time revise
guidance issued under this section.

Such officers shall have regard to guidance under this section in
deciding whether to issue a formal police caution.

The Director of Public Prosecutions shall publish in such manner as he
thinks fit—

36A (1)

(2)

(3)

(4)

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POLICE AND CRIMINAL EVIDENCE AMENDMENT ACT 2016

any guidance issued under this section; and

any revisions made to such guidance.

Guidance under this section may make different provision for different
cases, circumstances or areas.

The Statutory Instruments Act 1977 shall not apply to any guidance
issued and published under this section.”

(a)

(b)

(5)

(6)

Repeal of section 36A on commencement of section 36
Section 36A of the principal Act, as inserted by section 2 of this Act, is repealed on

the coming into operation of section 36 of the principal Act.

Amends section 36
In section 36 of the principal Act—

in subsection (3), delete “are to” and substitute “shall”;

at the end insert—

The Statutory Instruments Act 1977 shall not apply to any guidance
issued and published under this section.”

“(6)

This section comes into operation on the same date as section 36 of the
principal Act.

Commencement
This Act comes into operation on such date as the Minister responsible for justice

appoints by notice in the Gazette.

[Assent Date: 31 March 2016]

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4 (1)

(a)

(b)

(2)

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