Special stop and search powers break Constitution, claims group
A law which gives police extra stop and search powers in an effort to prevent outbreaks of violence is unconstitutional, according to the Centre for Justice, a new NGO devoted to the promotion of constitutional and human rights.The law, a Criminal Code amendment known as Section 315F, was introduced in 2005 and amended last year. It gives the police additional powers to stop and search people or property in areas which have been identified as prone to serious violence, known as an Authorisation.Authorisations can be for a period of two weeks and, under certain circumstances, up to four weeks.“The Authorisation allows any police officer in uniform to stop and search any person, or vehicle (driver and passenger alike) for offensive weapons or dangerous instruments within the geographical area covered by the Authorisation,” explained Centre for Justice Director, Venous Memari.“Section 315F specifically allows the police officer to stop and search anyone, or any vehicle he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.”Ms Memari continued: “In our view, the powers of authorisation as well as those of stop and search under Section 315F are neither sufficiently restricted nor subject of adequate legal safeguards against abuse, therefore it is not in accordance with the law as required by the Constitution.”Ms Memari was speaking at the opening of panel discussion entitled “Police Stop and Search Powers. The Balance between Public Safety and Liberty,” her organisation’s first public event.She stressed in her opening remarks that the Centre supported Government’s efforts to tackle gang violence. “Nevertheless, we are concerned that some of the policies and practices adopted to address these issues may have the potential to lead to unintended consequences.”And she noted that other legislation gave police stop and search powers as long as reasonable grounds of suspicion of illegal activity existed. “We do not take issue with those powers.”On the panel were National Security Minister Wayne Perinchief, Acting Police Commissioner Mike Jackman, Cordell Riley, president of Citizens Uprooting Racism in Bermuda, Carlton Simmons president of Youth on the Move, lawyers Larry Mussenden and Peter Martin.About 120 people attended the discussion at St Paul’s Centennial Hall.