First phase of P.A.C.E. by August
By Elizabeth Roberts
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PACE implementation manager Mark Crampton.
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Photo Glenn Tucker
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They might be running a year late — but the man tasked with implementing overdue reforms to the Police service has stressed that they are on their way and will make a real difference.
The weighty Police and Criminal Evidence Act was passed by Parliament in December 2005 — bringing sweeping changes in areas from searching suspects to identification parades and interview techniques.
The majority of the reforms were meant to be brought in last year.
However, according to Mark Crampton, a former British Chief Inspector tasked with pushing them through, staff changes in the offices of Attorney General and Director of Public Prosecutions were among the factors that caused delay.
Closer inspection of the act by the then DPP Vinette Graham Allen last year caused the then Attorney General Philip Perinchief to suspend implementation until the problems she identified were ironed out, explained Mr. Crampton.
"There's been three Attorney Generals during the course of this legislation and two Directors of Public Prosecution.
"With the greatest of respect, they all had their own views on the act and what was priority and they needed time to review parts of the act and parts of the code (of practice).
"It was important that we delayed the act to get it right the first time.
"Rather than rush the legislation through when there were elements that could have been improved, I'm sure the people of Bermuda would prefer that. It's such a critical piece of legislation, it's so important, that we have to get it right," he said.
The amendments were passed by Parliament last month, and things will start moving forward again as soon as they receive assent from the Governor.
"Ms Wilson (new Attorney General Kim Wilson) is very supportive of PACE and has worked very hard to get this amendment bill through," said Mr. Crampton.
The new timetable will see the legislation implemented in four stages — the first slated for August.
Phase one addresses the taking of fingerprints, photographs and DNA samples from persons arrested for "recordable offences" — those for which they could get a term of imprisonment if convicted.
High-tech fingerprinting machines have already been brought into Police stations to replace the old "ink and roller" method. These allow the better quality prints to be stored as digital files.
It also makes the use of video identification parades mandatory.
The technique has already been in place for several months to replace to old-style line ups.
The system uses computer technology to find appropriate library images, instead of Police officers having to hit the streets to find people to pose alongside suspects.
"It's been very successful. We're doing four times the amount of parades that we used to do when we used to do the lineup parades.
"That used to be very resource-intensive and there were problems with security — suspects not seeing witnesses," explained Mr. Crampton.
Phase two is slated for November-December this year and covers new powers to stop and search suspects, including the right to ask them to remove in terms of clothing.
This was one of the areas that prompted the recent amendment act as it was necessary to "Bermudianise" the legislation, which was cut and pasted from an act passed in the UK in 1984.
"We tried to make it fit Bermuda's environment better. For example, stop and search powers in the UK give the Police power to ask the person to remove their gloves, coat and outer jacket. But with the high level of motorcycle riding here, we needed to add helmets, because that's somewhere you can hide contraband," he said.
Other new powers will allow officers to search unattended motor vehicles where they have reasonable grounds to believe they have prohibited articles in them.
Mr. Crampton said the new rules will increase professionalism and accountability as the Police must provide evidence of what the reasonable grounds to search a person or vehicle are, and give a form to the suspect detailing who conducted the search and why.
"We can't just say 'I don't like the look of that guy, I want to search him'," he said.
Phase three is likely to be implemented around February-March 2009, and covers the searching of premises and new guidelines concerning search warrants.
At present, all warrants must be issued by a Justice of the Peace.
In future, a Police Inspector not involved in the case can authorise the searching of a property when a person has just been arrested.
Mr. Crampton cited the example of someone detained for burglary where there is a suspicion that stolen property is at their home. "At the moment, in reality, we would have to find a JP and swear a statement on oath.
"That could be the following day, by which time we've lost the opportunity to go and find that property," he explained. "These are really good powers in the fight against crime."
Another change will see audio recorded Police interviews replaced by video and audio taped interviews — something Mr. Crampton said is backed by prosecutors and defence lawyers alike for the positive effect it will have on trials by jury.
"There are a number of obvious advantages, because at the moment all we have is a verbal account, we can't see the expressions on someone's face and how they react to a question.
"It will also make it clear who makes a comment, because sometimes if there's a lot of people in the interview, it's not always clear."
Phase four will have to wait until the new Hamilton Police Station is finished in 2010. That's because the old one does not have the facilities needed to address changes to the way people are treated in custody.
Mr. Crampton has had his original two-year contract extended by a year to February 2009 in light of the delays to the legislation.
Meanwhile he is training a Bermudian Inspector, Darrin Simons, to carry on with the project once he's left.
