Criminal Justice (International Co-operation) (Bermuda) Act 1994

Interpretation

2 In this Act—

"the Commissioner" means the Commissioner of Police;

"the Minister" means the Minister responsible for Health.

PART II
CRIMINAL PROCEEDINGS AND INVESTIGATIONS

Mutual service of process

Service of overseas process in Bermuda

3 (1) This section has effect where the Attorney-General receives from the government of, or other authority in, a country or territory outside Bermuda—

(a) a summons or other process requiring a person to ap pear as a defendant or attend as a witness in criminal proceedings in that country or territory; or

(b) a document issued by a court exercising criminal juris diction in that country or territory and recording a de cision of the court made in exercise of that jurisdiction,

together with a request for that process or document to be served on a person in Bermuda.

(2) The Attorney-General may cause the process or document to be served by post or, if the request is for personal service, direct the Commissioner to cause it to be served on the person concerned himself.

(3) Service by virtue of this section of any such process or document as is mentioned in subsection (1)(a) above does not impose any obligation under the law of Bermuda to comply with it.

(4) Any such process or document served by virtue of this section shall be accompanied by a notice—

(a) stating the effect of subsection (3) above; and

(b) indicating that the person on whom it is served may wish to seek advice as to the possible consequences of his failing to comply with the process or document un der the law of the country or territory where it was is sued; and

(c) indicating that under that law he may not, as a witness, be accorded the same rights and privileges as he would be accorded in criminal proceedings in Bermuda.

(5) Where the Commissioner is directed under this section to cause any process or document to be served, he shall after it has been served forthwith inform the Attorney-General when and how it was served and (if possible) furnish him with a receipt signed by the person on whom it was served; and if the Commissioner has been unable to cause the process or document to be served, he shall forthwith inform the Attorney-General of that fact and of the reason.

Service of Bermudian process overseas

4 (1) Process of the following descriptions, that is to say—

(a) a summons requiring a person charged with an offence to appear before a court in Bermuda;

(b) a summons or order requiring a person to attend before a court in Bermuda for the purpose of giving evidence in criminal proceedings,

may be issued or made notwithstanding that the person in question is outside Bermuda, and may be served outside Bermuda in accordance with arrangements made by the Attorney-General.

(2) Service of any process outside Bermuda by virtue of this section does not impose any obligation under the law of Bermuda to comply with it, and accordingly failure to comply with any such process does not constitute contempt of any court nor is it a ground for issuing a warrant to secure the attendance of the person in question.

(3) Subsection (2) above is without prejudice to the service of any process (with the usual consequences for non-compliance) on the person in question if subsequently effected in Bermuda.

Mutual provision of evidence

Overseas evidence for use in Bermuda

5 (1) Where on an application made in accordance with subsec tion (2) below it appears to a magistrate or a Judge—

(a) that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed; and

(b) that proceedings in respect of the offence have been in stituted or that the offence is being investigated,

he may issue a letter ("a letter of request") requesting assistance in ob taining outside Bermuda such evidence as is specified in the letter for use in the proceedings or investigation.

(2) An application under subsection (1) above may be made by the Attorney-General or, if proceedings have been instituted, by the per son charged in those proceedings.

(3) The Attorney-General may himself issue a letter of request if—

(a) he is satisfied as to the matters mentioned in subsection (1)(a) above; and

(b) the offence in question is being investigated or he has instituted proceedings in respect of it.

(4) Subject to subsection (5) below, a letter of request shall be sent to the Governor for transmission either—

(a) to a court or tribunal specified in the letter and exercis ing jurisdiction in the place where the evidence is to be obtained; or

(b) to an authority recognised by the government of the country or territory in question as the appropriate authority for receiving requests for assistance of the kind to which this section applies.

(5) In case of urgency a letter of request may be sent direct to such a court or tribunal as is mentioned in subsection (4)(a) above.

(6) In this section "evidence" includes documents and other articles.

(7) Evidence obtained by virtue of a letter of request shall not without the consent of such an authority as is mentioned in subsection (4)(b) above be used for any purpose other than that specified in the let ter; and when any document or other article obtained pursuant to a let ter of request is no longer required for the purpose specified in the letter (or for any other purpose for which such consent has been obtained), it shall be returned to such an authority unless that authority indicates that the document or article need not be returned.

(8) In exercising any discretion conferred by law to exclude evidence in relation to a statement to which this subsection applies the court shall have regard—

(a) to whether it was possible to challenge the statement by questioning the person who made it; and

(b) if proceedings have been instituted, to whether the local law allowed the parties to the proceedings to be legally represented when the evidence was being taken.

(9) Subsection (8) applies to a statement contained in evidence taken pursuant to a letter of request.

Bermudian evidence for use overseas

6 (1) This section has effect where the Attorney-General re ceives—

(a) from a court or tribunal exercising jurisdiction in a country or territory outside Bermuda or a prosecuting authority in such a country or territory; or

(b) from another authority in such a country or territory which appears to him to have the function of making requests of the kind to which this section applies,

a request for assistance in obtaining evidence in Bermuda in connection with criminal proceedings that have been instituted, or a criminal in vestigation that is being carried on, in that country or territory.

(2) If the Attorney-General is satisfied—

(a) that an offence under the law of the country or territory in question has been committed or that there are rea sonable grounds for suspecting that such an offence has been committed; and

(b) that proceedings in respect of that offence have been in stituted in that country or territory or that an investiga tion into that offence is being carried on there,

he may, if he thinks fit, by a notice in writing nominate a court in Ber muda to receive such of the evidence to which the request relates as may appear to the court to be appropriate for the purpose of giving ef fect to the request.

(3) Where it appears to the Attorney-General that the request relates to a fiscal offence in respect of which proceedings have not yet been instituted he shall not exercise his powers under subsection (2) above unless—

(a) the request is made pursuant to a treaty which is in force in relation to Bermuda; or

(b) he is satisfied that the conduct constituting the offence would constitute an offence of the same or a similar na ture if it had occurred in Bermuda.

(4) For the purpose of satisfying himself as to the matters mentioned in subsection (2)(a) and (b) above the Attorney-General shall regard as conclusive a certificate issued by such authority in the coun try or territory in question as appears to him to be appropriate.

(5) In this section "evidence" includes documents and other articles.

(6) Schedule 1 to this Act has effect with respect to the pro ceedings before a nominated court in pursuance of a notice under sub section (2) above.

Transfer of Bermudian prisoner to give evidence or assist investiga tion overseas

7 (1) The Attorney-General may, if he thinks fit, issue a warrant providing for any person (a "prisoner") serving a sentence in a prison in Bermuda to be transferred to a country or territory outside Bermuda for the purpose—

(a) of giving evidence in criminal proceedings there; or

(b) of being identified in, or otherwise by his presence as sisting, such proceedings or the investigation of an of fence.

(2) No warrant shall be issued under this section in respect of a prisoner unless he has consented to being transferred as mentioned in subsection (1) above, and that consent may be given either—

(a) by the prisoner himself; or

(b) in circumstances in which it appears to the Attorney-General inappropriate, by reason of the prisoner's physical or mental condition or his youth, for him to act for himself, by a person appearing to the Attorney-Gen eral to be an appropriate person to act on his behalf;

but a consent once given is not capable of being withdrawn after the is sue of the warrant.

(3) The effect of a warrant under this section is to authorise—

(a) the taking of the prisoner to a place in Bermuda and his delivery at a place of departure from Bermuda into the custody of a person representing the appropriate authority of the country or territory to which the pris oner is to be transferred; and

(b) the bringing of the prisoner back to Bermuda and his transfer in custody to the place where he is liable to be detained under the sentence to which he is subject.

(4) Where a warrant has been issued in respect of a prisoner under this section he shall be deemed to be in legal custody at any time when, being in Bermuda or on board a ship registered in Bermuda, he is being taken under the warrant to or from any place or being kept in custody under the warrant.

(5) A person authorised by or for the purposes of the warrant to take the prisoner to or from any place or to keep him in custody has all the powers, authority, protection and privileges of a police officer.

(6) If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a police officer and taken to any place to which he may be taken under the warrant issued under this section.

(7) This section applies to a person in custody awaiting trial or sentence and a person committed to prison for default in paying a fine as it applies to a prisoner, and the reference in subsection (3)(b) above to a sentence shall be construed accordingly.

Transfer of overseas prisoner to give evidence or assist investiga tion in Bermuda

8 (1) This section has effect where—

(a) a witness order has been made or a witness summons issued in criminal proceedings in Bermuda in respect of a person (a "prisoner") who is detained in custody in a country or territory outside Bermuda by virtue of a sen tence or order of a court or tribunal exercising criminal jurisdiction in that country or territory; or

(b) it appears to the Attorney-General that it is desirable for a prisoner to be identified in, or otherwise by his pres ence to assist, such proceedings or the investigation in Bermuda of an offence.

(2) If the Attorney-General is satisfied that the appropriate authority in the country or territory where the prisoner is detained will make arrangements for him to come to Bermuda to give evidence pur suant to the witness order or witness summons or, as the case may be, for the purpose mentioned in subsection (1)(b) above, he may issue a warrant under this section.

(3) A warrant shall not be issued under this section in respect of a prisoner unless he has consented to being brought to Bermuda to give evidence as aforesaid or, as the case may be, for the purpose men-

tioned in subsection (1)(b) above; but a consent once given is not capa ble of being withdrawn after the issue of the warrant.

(4) The effect of the warrant is to authorise—

(a) the bringing of the prisoner to Bermuda; and

(b) the taking of the prisoner to, and his detention in cus tody at, such place or places in Bermuda as are speci fied in the warrant; and

(5) Subsections (4) to (7) of section 7 above have effect in rela tion to a warrant issued under this section as they have effect in relation to a warrant issued under that section.

(6) A person is not subject to the Bermuda Immigration and Protection Act 1956 [title 5 item 16] in respect of his entry into or pres ence in Bermuda in pursuance of a warrant under this section, but if the warrant ceases to have effect while he is still in Bermuda he shall be treated for the purposes of that Act as if he has then illegally entered Bermuda.

Enforcement of overseas forfeiture orders

9 (1) The Attorney-General may by order provide for the en forcement in Bermuda of any order which—

(a) is made by a court in a country or territory outside Bermuda designated for the purposes of this section by the order; and

(b) is for the forfeiture and destruction, or the forfeiture and other disposal, of anything in respect of which an offence to which this section applies has been commit ted, or which was used in connection with the commis sion of such an offence.

(2) Without prejudice to the generality of subsection (1) above an order under this section may provide for the registration by a court in Bermuda of an order as a condition of its enforcement, and prescribe requirements to be satisfied before an order can be registered.

(3) An order under this section may include such supplemen tary and incidental provisions as appear to the Attorney-General to be necessary or expedient, and may apply for the purposes of the order (with such modifications as appear to the Attorney-General to be appro priate) any provisions relating to confiscation or forfeiture orders under any other enactment.

(4) An order under this section may make different provision for different cases.

(5) An order under this section is subject to the negative resolution procedure as if it were a statutory instrument.

(6) This section applies to any offence which corresponds to or is similar to an offence under the Misuse of Drugs Act 1972 [title 11 item 4] or would be a drug trafficking offence as defined by section 3 of the Proceeds of Crime Act 1997 [title 8 item 29] if it were committed in Ber muda.

[section 9 amended by 1997 : 34 effective 19 January 1998]

Supplementary

Rules of court

10 (1) Provision may be made by rules of court for any purpose for which it appears to the authority having power to make the rules that it is necessary or expedient that provision should be made in con nection with any of the provisions of this Part of this Act.

(2) Rules made for the purposes of Schedule 1 to this Act may, in particular, make provision with respect to the persons entitled to ap pear or take part in the proceedings to which that Schedule applies, and for excluding the public from any such proceedings.

(3) An order under section 9 above may authorise the making of rules of court for any purpose specified in the order.

(4) This section is without prejudice to the generality of any existing power to make rules.

Application to proceedings involving Regiment personnel

11 (1) Section 4 above applies also to a summons requiring a per son charged with a civil offence to appear before a service court or to at tend before such a court for the purpose of giving evidence in proceed ings for such an offence; and a warrant may be issued under section 8 above where—

(a) such a summons has been issued in respect of a pris oner within the meaning of that section; or

(b) it appears to the Attorney-General that it is desirable for such a prisoner to be identified in, or otherwise by his presence to assist, such proceedings or the investigation of such an offence.

(2) Section 7 above applies also to a person serving a sentence of detention imposed by a service court or detained in custody awaiting trial by such a court.

(3) In this section—

"civil offence" has the meaning assigned to it in subsection (4) of section 40 of the Defence Act 1965 [title 7 item 21];

"service court" means a court exercising jurisdiction in relation to a civil offence under the said section 40.

PART III
THE VIENNA CONVENTION

Substances useful for manufacture of controlled drugs

Manufacture and supply of scheduled substances

12 (1) It is an offence for a person—

(a) to manufacture a scheduled substance; or

(b) to supply such a substance to another person,

knowing or suspecting that the substance is to be used in or for the unlawful production of a controlled drug.

(2) A person guilty of an offence under subsection (1) above is liable—

(a) on summary conviction, to imprisonment for six months or a fine of $3,000 or both;

(b) on conviction on indictment, to imprisonment for four teen years or an unlimited fine or both.

(3) In this section "a controlled drug" has the meaning that it has in the Misuse of Drugs Act 1972 [title 11 item 4], and "unlawful pro duction of a controlled drug" means the production of such a drug which is unlawful by virtue of section 5(1)(a) of that Act.

(4) In this section and elsewhere in this Part of this Act "a scheduled substance" means a substance for the time being specified in Schedule 2 to this Act.

(5) The Minister may by order amend that Schedule (whether by addition, deletion or transfer from one Table to the other) but—

(a) no such order shall add any substance to the Schedule unless—

(i) it appears to the Minister to be frequently used in or for the unlawful production of a controlled drug; or

(ii) it has been added to the Annex to the Vienna Convention under Article 12 of that Convention; and

(b) such an order is subject to the affirmative resolution procedure.

Regulations about scheduled substances

13 (1) The Minister may by regulations make provision—

(a) imposing requirements as to the documentation of transactions involving scheduled substances;

(b) requiring the keeping of records and the furnishing of information with respect to such substances;

(d) for the labelling of consignments of scheduled sub stances.

(2) Regulations made by virtue of subsection (1)(b) may, in particular, require—

(a) the notification of the proposed exportation of sub stances specified in Table I in Schedule 2 to this Act to such countries as may be specified in the regulations; and

(b) the production, in such circumstances as may be so specified, of evidence that the required notification has been given.

(3) Regulations under this section may make different provi sion in relation to the substances specified in Table I and Table II in Schedule 2 to this Act respectively and in relation to different cases or circumstances.

(4) Regulations under this section are subject to the negative resolution procedure.

(5) A person who fails to comply with a requirement imposed by the regulations or, in purported compliance with such a requirement, furnishes information which he knows to be false in a material particu lar or recklessly furnishes information which is false in a material par ticular is guilty of an offence and liable—

(a) on summary conviction, to imprisonment for six months or a fine of $3,000 or both;

(b) on conviction on indictment, to imprisonment for two years or an unlimited fine or both.

(6) Information obtained pursuant to the regulations shall not be disclosed except for the purposes of criminal proceedings or of pro ceedings under the provisions of the Proceeds of Crime Act 1997 [title 8 item 29] relating to the confiscation of the proceeds of, or benefits from, drug trafficking.

[section 13 amended by 1997 : 34 effective 19 January 1998]

Proceeds of drug trafficking

Concealing or transferring proceeds of drug trafficking

14 [Repealed]

[section 14 repealed by 1997 : 34 effective 19 January 1998]
[Note: The repeal of this section does not affect its continuing operation in relation to orders made thereunder.]

Interest on sums unpaid under confiscation orders

15 [Repealed]

[section 15 repealed by 1997 : 34 effective 19 January 1998]
[Note: The repeal of this section does not affect its continuing operation in relation to orders made thereunder.]

Offences at sea

Offences on Bermuda-registered ships

16 Anything which would constitute a drug trafficking offence within the meaning of the Proceeds of Crime Act 1997 [title 8 item 29] if done on land in Bermuda constitutes that offence if done on a ship registered in Ber muda.

[section 16 amended by 1997 : 34 effective 19 January 1998]

Ships used for illicit traffic

17 (1) This section applies to a ship registered in Bermuda, a dependent territory or a Convention state.

(2) A person is guilty of an offence if on a ship to which this section applies, wherever it may be, he—

(a) has a controlled drug in his possession; or

(b) is in any way knowingly concerned in the carrying or concealing of a controlled drug on the ship,

knowing or having reasonable grounds to suspect that the drug is intended to be imported, or has been exported, contrary to section 4(1) of the Misuse of Drugs Act 1972 [title 11 item 4] or to the law of a state or a dependent territory.

(3) A certificate purporting to be issued by or on behalf of the government of a state or a dependent territory to the effect that the importation or export of a controlled drug is prohibited by the law of that state or territory shall be evidence of the matters stated.

(4) A person guilty of an offence under this section is liable—

(a) in a case where the controlled drug is a Class A drug—

(i) on summary conviction, to imprisonment for six months or a fine of $3,000 or both;

(ii) on conviction on indictment, to imprisonment for life or an unlimited fine or both;

(b) in a case where the controlled drug is a Class B drug—

(i) on summary conviction, to imprisonment for six months or a fine of $3,000 or both;

(ii) on conviction on indictment, to imprisonment for fourteen years or an unlimited fine or both;

(i) on summary conviction, to imprisonment for three months or a fine of $2,000 or both;

(ii) on conviction on indictment, to imprisonment for five years or an unlimited fine or both.

(5) In this section "a controlled drug" has the same meaning as in the said Act of 1972, and an offence under this section shall be in cluded in the offences to which section 29 of that Act (defences) applies.

(6) The Minister may make regulations dividing controlled drugs into Classes A, B and C for the purposes of subsection (4) above.

(7) Regulations under subsection (6) above are subject to the negative resolution procedure.

[Section 17 amended by 1996:8 effective 26 March 1996]

Enforcement powers

18 (1) The powers conferred on an enforcement officer by Sched ule 3 to this Act are exercisable in relation to any ship to which section 16 or 17 above applies for the purpose of detecting and the taking of appropriate action in respect of the offences mentioned in those sec tions.

(2) Those powers shall not be exercised outside the territorial waters of Bermuda in relation to a ship registered in a Convention state except with the authority of the Minister; and he shall not give his authority unless that state has in relation to that ship—

(a) requested the assistance of Bermuda for the purpose mentioned in subsection (1) above; or

(b) authorised Bermuda to act for that purpose.

(3) In giving his authority pursuant to a request or authorisa tion from a Convention state the Minister shall impose such conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by that state.

(4) The Minister may, either of his own motion or in response to a request from a Convention state, authorise a Convention state to exercise, in relation to a ship, powers corresponding to those conferred on enforcement officers by Schedule 3 to this Act but subject to such conditions or limitations, if any, as he may impose.

(5) Subsection (4) above is without prejudice to any agreement made, or which may be made, on behalf of Bermuda whereby Bermuda undertakes not to object to the exercise by any state or any dependent territory, in relation to a ship registered in Bermuda, of powers corresponding to those conferred by that Schedule.

(6) The powers conferred by that Schedule shall not be exercised in the territorial waters of a state or dependent territory without the authority of the Minister, and he shall not give his authority unless that state or territory has consented to the exercise of those powers.

[Section 18 amended by 1996:8 effective 26 March 1996]

Jurisdiction and prosecutions

19 (1) Proceedings under this Part of this Act or Schedule 3 to this Act in respect of an offence on a ship may be taken, and the offence may for all incidental purposes be treated as having been committed, in Bermuda.

(2) No such proceedings shall be instituted except by or with the consent of the Attorney-General.

(3) Without prejudice to subsection (2) above no proceedings for an offence under section 17 above alleged to have been committed outside the territorial waters of Bermuda on a ship registered in a Con vention state shall be instituted except in pursuance of the exercise with the authority of the Minister of the powers conferred by Schedule 3 to this Act.

Supplementary

Application of ancillary provisions of Misuse of Drugs Act 1972

20 (1) The Misuse of Drugs Act 1972 [title 11 item 4] is amended as follows.

(2) In section 16(1) (prohibition direction on practitioner etc. in consequence of conviction) there are inserted next before the words "the Minister" the words "or under section 12 or 13 of the Criminal Justice (International Co-operation) (Bermuda) Act 1994".

(3) In section 23 (offences by corporations) after the words "any offence under this Act" there are inserted the words "or Part III of the Criminal Justice (International Co-operation) (Bermuda) Act 1994".

(4) In section 25 (entry on premises; search; seizure) after subsection (3) there is inserted the following subsection—

"(3A) The powers conferred by subsection (1) shall be exercisable also for the purposes of the execution of Part III of the Criminal Justice (International Co-operation) (Bermuda) Act 1994, and subsection (3) shall apply also to offences under section 12 or 13 of that Act, taking references (whether direct or indirect) in those subsec tions to controlled drugs as references to scheduled substances within the meaning of that Part.".

Interpretation of Part III

21 (1) In this Part of this Act—

"Convention state" means a state which is a party to the Vienna Convention;

"dependent territory" has the meaning given to that expression by section 50(1) of the British Nationality Act 1981 (U.K.);

"scheduled substance" has the meaning given in section 12(4) above;

"ship" includes any vessel used in navigation;

"the Vienna Convention" means the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which was signed in Vienna on 20th December 1988.

(2) [Repealed by 1997 : 34]

(3) If in any proceedings under this Part of this Act any ques tion arises whether a country or territory is a state or is a party to the Vienna Convention, a certificate issued by or under the authority of the Minister is conclusive evidence on that question.

[Section 21 amended by 1996:8 effective 26 March 1996; and amended by 1997 : 34 effective 19 January 1998]

PART IV
DRUG TRAFFICKING MONEY IMPORTED OR EXPORTED IN CASH

Seizure and detention

22 [Repealed]

[Section 22 amended by 1996:8 effective 26 March 1996; and repealed by 1998 : 34 effective 19 January 1998]
[Note: The repeal of this section does not affect its continuing operation in relation to orders made thereunder.]

Forfeiture

23 [Repealed]

[section 23 repealed by 1997 : 34 effective by 19 January 1998]
[Note: The repeal of this section does not affect its continuing operation in relation to orders made thereunder.]

Interest

24 [Repealed]

[section 24 repealed by 1997 : 34 effective by 19 January 1998]
[Note: The repeal of this section does not affect its continuing operation in relation to orders made thereunder.]

Procedure

25 [Repealed]

[section 25 repealed by 1997 : 34 effective by 19 January 1998]
[Note: The repeal of this section does not affect its continuing operation in relation to orders made thereunder.]

Interpretation of Part IV

26 [Repealed]

[Section 26 amended by 1996:8 effective 26 March 1996; and repealed by 1997 : 34 effective 19 January 1998]

PART V
GENERAL

Expenses and receipts

27 (1) Any expenses incurred by the Attorney-General or the Minister under this Act shall be defrayed out of money provided by the Legislature.

(2) Any money representing cash forfeited under Part IV of this Act or accrued interest on any such money shall be paid into the Con solidated Fund.

Consequential and other amendments

28 (1) The enactments mentioned in Schedule 4 to this Act have effect with the amendments there specified, being amendments conse quential on or otherwise relating to the provisions of this Act.

(2) [Repealed]

[section 28 amended by 1997 : 34 effective 19 January 1998]

Commencement

29 [omitted]

[this Act was brought into operation on 1 July 1996]

SCHEDULES

SCHEDULE 1 (Section 6(6))

BERMUDIAN EVIDENCE FOR USE OVERSEAS: PROCEEDINGS OF NOMINATED COURT

Securing attendance of witnesses

1 The court has the like powers for securing the attendance of a witness for the purpose of the proceedings as it has for the purpose of other proceedings before the court.

Power to administer oaths

2 The court may in the proceedings take evidence on oath.

Privileges of witnesses

3 (1) A person is not compelled to give in the proceedings any evidence which he could not be compelled to give—

(a) in criminal proceedings in Bermuda; or

(b) subject to sub-paragraph (2) below, in criminal proceed ings in the country or territory from which the request for the evidence has come.

(2) Sub-paragraph (1)(b) above does not apply unless the claim of the person questioned to be exempt from giving the evidence is con ceded by the court, tribunal or authority which made the request.

(3) Where such a claim made by any person is not conceded as aforesaid, he may (subject to the other provisions of this paragraph) be required to give the evidence to which the claim relates, but the evi dence shall not be transmitted to the court, tribunal or authority which requested it if a court in the country or territory in question, on the mat ter being referred to it, upholds the claim.

(4) Without prejudice to sub-paragraph (1) above a person is not compelled under this Schedule to give any evidence if his doing so would be prejudicial to the security of Bermuda; and a certificate signed by or on behalf of the Governor acting in his discretion to the effect that it would be so prejudicial for that person to do so is conclusive evidence of that fact.

(5) Without prejudice to sub-paragraph (1) above a person is not compelled under this Schedule to give any evidence in his capacity as an officer or servant of the Crown.

(6) In this paragraph references to giving evidence include ref erences to answering any question and to producing any document or other article, and the reference in sub-paragraph (3) above to the transmission of evidence given by a person shall be construed accord ingly.

Transmission of evidence

4 (1) The evidence received by the court shall be furnished to the Attorney-General for transmission to the court, tribunal or authority that made the request.

(2) If in order to comply with the request it is necessary for the evidence to be accompanied by a certificate, affidavit or other verifying document, the court shall also furnish for transmission such document of that nature as may be specified in the notice nominating the court.

(3) Where the evidence consists of a document, the original or a copy shall be transmitted, and where it consists of another article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.

Supplementary

5 For the avoidance of doubt it is hereby declared that sections 56 to 61 of the Evidence Act 1905 [title 8 item 10] (relating to bankers' books) apply to the proceedings as they apply to other proceedings be fore the court.

6 No order for costs shall be made in the proceedings.

SCHEDULE 2 (Sections 12 and 13)

SUBSTANCES USEFUL FOR MANUFACTURING CONTROLLED DRUGS

TABLE I

EPHEDRINE
ERGOMETRINE
ERGOTAMINE
LYSERGIC ACID

1-PHENYL-2-PROPANONE
PSEUDOEPHEDRINE

The salts of the substances listed in this Table whenever the existence of such salts is possible.

TABLE II

ACETIC ANHYDRIDE

ACETONE

ANTHRANILIC ACID

ETHYL ETHER

PHENYLACETIC ACID

PIPERIDINE

The salts of the substances listed in this Table whenever the existence of such salts is possible.

SCHEDULE 3 (Section 18)

ENFORCEMENT POWERS IN RESPECT OF SHIPS

Preliminary

1 (1) In this Schedule "an enforcement officer" means—

(a) a customs officer or a police officer; and

(b) any other person of a description specified in an order made for the purposes of this Schedule by the Minister.

(2) An order under sub-paragraph (1)(b) above is subject to the affirmative resolution procedure.

(3) In this Schedule "the ship" means the ship in relation to which the powers in this Schedule are exercised.

Power to stop, board, divert and detain

2 (1) An enforcement officer may stop the ship, board it and, if he thinks it necessary for the exercise of his functions, require it to be taken to a port in Bermuda and detain it there.

(2) Where an enforcement officer is exercising his powers with the authority of the Minister given under section 18(2) of this Act the of ficer may require the ship to be taken to a port in the Convention state in question or, if that state has so requested, in any other country or territory willing to receive it.

(3) For any of those purposes he may require the master or any member of the crew to take such action as may be necessary.

(4) If an enforcement officer detains a vessel he shall serve on the master a notice in writing stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by an enforcement officer.

Power to search and obtain information

3 (1) An enforcement officer may search the ship, anyone on it and anything on it including its cargo.

(2) An enforcement officer may require any person on the ship to give information concerning himself or anything on the ship.

(3) Without prejudice to the generality of those powers an en forcement officer may—

(a) open any containers;

(b) make tests and take samples of anything on the ship;

(d) make photographs or copies of anything whose produc tion he has power to require.

Powers in respect of suspected offence

4 If an enforcement officer has reasonable grounds to suspect that an offence mentioned in section 16 or 17 of this Act has been committed on a ship to which that section applies he may—

(a) arrest without warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence; and

(b) seize and detain anything found on the ship which ap pears to him to be evidence of the offence.

Assistants

5 (1) An enforcement officer may take with him, to assist him in ex ercising his powers—

(a) any other persons; and

(b) any equipment or materials.

(2) A person whom an enforcement officer takes with him to assist him may perform any of the officer's functions but only under the officer's supervision.

Use of reasonable force

6 An enforcement officer may use reasonable force, if necessary, in the performance of his functions.

Evidence of authority

7 An enforcement officer shall, if required, produce evidence of his authority.

Protection of officers

8 An enforcement officer shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under this Schedule if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

Offences

9 (1) A person is guilty of an offence if he—

(a) intentionally obstructs an enforcement officer in the performance of any of his functions under this Sched ule; or

(b) fails without reasonable excuse to comply with a re quirement made by an enforcement officer in the per formance of those functions; or

(i) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particu lar; or

(ii) intentionally fails to disclose any material par ticular.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine of $3,000.

SCHEDULE 4 (Section 28(1))

CONSEQUENTIAL AND OTHER AMENDMENTS

[omitted]

Bermuda Consolidated Legislation

Criminal Justice (International Co-operation) (Bermuda) Act 1994