Delays to some parts of legal reform
The implementation of parts of a package of legal reforms has been delayed to allow the judiciary, police and prosecutors more time to prepare for the new rules.
Most of the Criminal Jurisdiction and Procedure Act 2015 and the Disclosure and Criminal Reform Act 2015 came into force on November 6.
But provisions in the Criminal Jurisdiction and Procedure Act replacing preliminary inquiries with an administrative sending process and application to dismiss will be implemented later this year with the full scheme becoming effective from the January arraignments.
Furthermore, Attorney General Trevor Moniz revealed the new regime containing rules on prosecution and defence disclosure contained in the Disclosure and Criminal Reform Act would be implemented at the beginning of the 2016.
He said: “The Bermuda Police Service and Department of Public Prosecutions requested additional time for compliance. The BPS will continue to be responsible for collecting and forwarding evidence to the DPP.
“However, the DPP will take all decisions in respect of disclosure under the new regime. Without the new rules on prosecution disclosure being brought into force, it would not be balanced or fair to bring the new rules of defence disclosure at this time.
“Therefore, the full disclosure scheme will come into force together.”
Sections 18 to 21 of the Disclosure and Criminal Reform that relate to new rules on active case management and indictments, appointment and substitution of alternative jurors in complex trials as well as wasted costs orders against lawyers personally are already in force.
Mr Moniz told the House of Assembly on Friday that he had also tabled amendments to the Disclosure and Criminal Reform Act 2015 that came into effect at the beginning of this month.
He said: “These amendments are largely housekeeping measures aimed at cleaning up some of the language.
“The legislation formerly required that a defence statement be served within 28 days of arraignment. This has been changed so that service of a statement is to be made within 28 days of the prosecution complying with its disclosure obligations. This provides the defence with more time to comply, and it is a more logical sequencing of events.
“Another amendment was made to ensure that the court retains discretion to admit late alibi evidence where it would be contrary to a defendant’s right to a fair trial for such evidence to be excluded.”