MPs back idea of enhanced bail breach arrest powers
Police will be able to arrest people they suspect are going to breach bail, under amendments passed through the House of Assembly yesterday.Currently officers only have the power to arrest suspects after they have breached bail and fled the Island but the Bail Amendment Act will enable them to make the arrest when it appears they are likely to do so.Giving the bill its second reading yesterday, Attorney General Michael Scott said: “The bill’s amendments provide a new power of arrest that is granted to the police in circumstances where there are reasonable grounds to suspect that a person is likely to breach the conditions of their bail.“This power will pre-empt circumstances in which waiting until conditions have been breached is too late to effect the cause of justice.“For example, if someone has been issued a bail condition preventing them from travelling outside Bermuda, or surrendering their passport, who then proceeds to LFW International and boards an aircraft, the conditions will have been breached and they will have made good their escape.“Therefore, provisions are in place under this bill for the police to have the power to arrest a person on bail when there are reasonable grounds to suspect that a person will breach bail.“These measures are not only prudent, they are necessary at a time when the administration of justice is challenged like never before, and at a time when law enforcement faces many challenges.”Mr Scott accepted a recommendation from the One Bermuda Alliance to amend the legislation by giving suspects the right to apply for a review of the bail conditions imposed on them.OBA MP Mark Pettingill had called for more checks and balances, saying: “I’m talking nothing away from this very, very significant piece of legislation, that we must have, but we must rightly include a provision for review.”National Security Minister Wayne Perinchief said it was ironic that legislators are now required to restrict suspects’ movement, given that most people bemoan the fact the gang lifestyle has limited young men’s movement around the Island.It’s hoped the bill will also limit revenge attacks, by allowing a suspect’s safety to be a factor when police decide whether to grant bail.Mr Scott said: “In the current climate of tit-for-tat gang rivalry and considering the many offences and circumstances in which the suspect may be at risk of violent reprisal, it is essential to also include personal safety as another factor to be considered by the police prior to granting bail.”The bill was passed, along with the OBA’s recommended amendment, with support from all sides of the House.