The Progressive Labour Party is calling on Governor George Fergusson to deny the progress of controversial legislation aimed at reforming the legal system.

The Disclosure and Criminal Reform Act 2015 and the Criminal Jurisdiction and Procedure Act 2015 were approved by the House of Assembly this month.

Attorney-General Trevor Moniz argues that the amendments will streamline the legal system and reduce costs, but the Opposition and the Bermuda Bar Association (BBA) have expressed serious concerns that the amendments are unconstitutional.

In a letter, released to the media yesterday afternoon, Michael Scott, the Shadow Attorney-General, requests that the Governor withhold his assent to the Bills when they reach his office, until he has received advice from the Secretary of State.

“The PLP mounted a vigorous opposition to the two Acts during the House debate,” Mr Scott wrote. “The consistent concern and criticism of the Acts, shared by these aforementioned bodies, is that the bills are unconstitutional.

“The BBA’s position follows: ‘Some of the proposed amendments infringe on the constitutional rights of individual and such infringements cannot be justified on the basis of efficiency and cost savings.’

“The PLP regard section five of the Disclosure and Criminal Reform Act 2015 — Duty of Accused person to give a defence statement — as an infringement of the right to remain silent, which is a fundamental right protected under the Bermuda Constitution Order, providing for the right to protection of the law and is not subject to limitation imposed by the Government, minimal or otherwise.

“It is our view that both bills contain other provisions that are unconstitutional, including the provision that denies the accused the right to call evidence, including evidence of alibi at trial if he has failed to give prior notice to the Police or the prosecution.

“In this regard the Opposition is in full agreement with the Bermuda Bar when it states that: ‘We do not believe this legislation, as drafted, can possibly withstand constitutional challenge.’

“Thus, passing this legislation as it is currently written will only lead to complex constitutional litigation, wasted court time and increased costs. Until such time as the legislation is struck down, it could also contribute to miscarriages of justice.”

• For the full letter to the Governor, click on the PDF link under “Related Media”.