Title 8 Laws of Bermuda Item 35

BERMUDA

1921 : 10

ARRANGEMENT OF SECTIONS

1 Police officer may conduct 2 Scope of entitlement of prosecution police officer

3 Legal assistance to Police

[23 February 1921] [preamble and words of enactment omitted]

1. Police officer may conduct prosecution

(1) Upon—

(a) the hearing before a Justice of the Peace of a charge for any indictable offence which the Police have instituted; or

(b) the hearing before a court of summary jurisdiction au- thorized to hear and determine the same of a charge for an offence triable before such court similarly instituted; or

(c) upon the application of any informant or complainant, the Commissioner of Police may himself or by any member of the Bermuda Police Service detailed by him, conduct the prosecution:

(2) Subsection (1) shall not apply where the informant or com- plainant is represented by counsel on such prosecution. [Section 1 amended by 1997 : 37 effective 6 May 1999]

1989 Revision 1

Scope of entitlement of police officer

2 The Commissioner of Police or any police officer so detailed shall while engaged in conducting such prosecution be entitled——

(a) to apply for process against any person whom he sus- pects of being guilty of any offence, whether triable on indictment or by a court of summary jurisdiction;

(b) to apply for a summons to any person whom he believes to be able to give evidence in any cause or matter whether triable on indictment or by a court of summary jurisdiction;

(c) to call, examine and re-examine witnesses for the prose- cution and to cross-examine witnesses for the defence; and

(d) to sum up the evidence.

Legal assistance to Police

3 Legal assistance shall be afforded to the Commissioner of Police in prosecutions at the public expense, wherever such assistance is con- sidered necessary in the public interest by the Director of Public Prosecutions. [Section 3 amended by 1999:8 s.2 & Sch 1 effective 1 April 1999]

[Amended by:

1948 : 25

1949 : 26

1951 : 87

1997 : 37

1999 : 8]

2 1989 Revision