Criminal Code Act 1907

to the property of the other, which would be an offence if they were not husband and wife, and to the same extent as if they were not husband and wife:

Provided that neither of them can institute criminal proceedings against the other with respect to property while they are living together.

(3) In this section "property", used with respect to a wife, means her separate property.

Offences by partners and members of companies with respect to partnership or corporate property.

52 Any person who, being a member of a partnership, corporation or any association recognized as a company by the Companies Act 1981 [title 17 item 5] does any act or makes any omission with respect to the property of the partnership, corporation or company which, if he were not a member of the partnership, corporation or company, would con stitute an offence, is criminally responsible to the same extent as if he were not such member.

PART IV

METHODS OF DEALING WITH OFFENDERS: EFFECT OF PUNISHMENT ETC

Kind of punishments

53 Without prejudice to any provision of any other Act under which punishment may be inflicted, the punishments which may be inflicted under this Act are as follows�

(a) death;

(b) imprisonment; whether suspended or not;

(d) whipping;

(e) fine;

(f) finding security to keep the peace and be of good be haviour;

(g) community service order;

(h) dangerous offender's detention.

Construction of statutory provisions relating to punishments

54 In the construction of this or any other Act the following provi sions shall have effect, except when it is otherwise expressly provided�

(a) a person liable to imprisonment for any term may be sentenced to imprisonment for any shorter term;

(b) a person liable to imprisonment as a result of his con viction may, in addition to, or instead of, such impris onment, be sentenced to pay a fine.

Provided that a fine to which a person is sentenced under this paragraph shall not exceed the following amounts�

(i) where the term of imprisonment to which such person is liable does not exceed twelve months, then $1,500;

(ii) where such term of imprisonment as aforesaid exceeds twelve months but does not exceed two years, then $3,000;

(iii) where such term of imprisonment as aforesaid exceeds two years, then $7,500;

(d) a person convicted upon indictment of an offence not punishable with death may, instead of any other pun ishment to which he is liable, be ordered to enter into his own recognizance, with or without sureties in such amount as the Court thinks fit, that he shall keep the peace and be of good behaviour for a time to be fixed by the Court, and may be ordered to be imprisoned until such recognizance, with sureties if so directed, is en tered into:

Provided that the imprisonment for not entering into the recognizance shall not extend for a term longer than twelve months or the term for which he would otherwise be liable, whichever is the shorter term;

(e) a person convicted of any offence upon summary con viction may, instead of being sentenced to any punish ment to which he is liable, be discharged upon his en-
tering into his own recognizance, with or without sureties, in such amount as the court thinks fit, that he shall keep the peace and be of good behaviour for a term not exceeding one year;

(f) where any provision of this Act empowers a court on the conviction of an offender to pass a sentence or make an order in lieu of dealing with him in some other way, the said provision shall not be construed as taking away any power of the court to order the offender to pay costs, damages or compensation.

Punishment of death

55 (1) The sentence to be pronounced upon a person who is con victed of an offence punishable with death is that he suffer death in the manner authorized by law; and a person sentenced to death shall be re turned to his former place of custody and at a time and place approved by the Governor acting in his discretion shall be hanged by the neck un til he is dead.

(2) Sentence of death shall not be pronounced on or recorded against a person who is under eighteen years of age, but in lieu thereof the Court shall sentence such person to be detained during Her Majesty's pleasure; and, if so sentenced, he shall be liable to be detained in such place and under such conditions as the Governor may direct, and whilst so detained shall be deemed to be in legal custody.

(3) Where a woman convicted of an offence punishable with death is found in accordance with section 553 to be pregnant, the sen tence to be passed on her shall be a sentence of imprisonment for life in stead of sentence of death, or, where she is under eighteen years of age, to be detained during Her Majesty's pleasure; and section 54 shall not apply in relation to the sentence which is passed on her by virtue of this section.

Calculation etc of terms of imprisonment and preventive detention

56 (1) Subject to this section, a sentence of imprisonment or pre ventive detention passed by the Supreme Court or a sentence of impris onment passed by a court of summary jurisdiction shall, unless the court otherwise directs, have effect from and include the day on which it was passed:

Provided that when a person who is undergoing, or has been sentenced to undergo, imprisonment for an offence, is convicted of an other offence, then any sentence of imprisonment or of preventive deten tion imposed on him for the last mentioned offence shall, unless the court otherwise directs, take effect from the expiration of his term of im prisonment under the previous sentence of imprisonment.

(2) Where a person sentenced to imprisonment by a court of summary jurisdiction appeals against his conviction or sentence to the Supreme Court, the period of time spent by him in prison under that sentence before the determination or abandonment of his appeal shall, unless the Supreme Court otherwise orders, be deducted from the term of imprisonment (if any) which he is required to serve by virtue of the determination of the appeal.

Suspended sentences of imprisonment

56A (1) Subject to subsection (2), a court which passes a sentence of imprisonment for a term of not more than two years for any offence may order that the sentence shall not take effect unless, during the pe riod specified in the order, being not less than one year nor more than two years from the date of the order, the offender commits in Bermuda another offence for which he is sentenced to imprisonment, and there after a court having power to do so orders under section 56B that the original sentence shall take effect.

(2) A court shall not deal with an offender by means of a sus pended sentence unless the case appears to the court to be one in which a sentence of imprisonment would have been appropriate in the absence of any power to suspend such a sentence by an order under subsection (1).

(3) A court which passes a suspended sentence on any person for an offence shall not make a probation order in this case in respect of another offence of which he is convicted by or before the court or for which he is dealt with by the court.

(4) On passing a suspended sentence the court shall explain to the offender in ordinary language his liability under section 56B if during the operational period of a suspended sentence he commits in Bermuda an offence for which he is sentenced to imprisonment.

(5) Where a court has passed a suspended sentence on any person, and that person is subsequently sentenced to undergo corrective training in the senior training school, he shall cease to be liable to be dealt with in respect of the suspended sentence unless the subsequent sentence or any conviction or finding on which it was passed is quashed on appeal.

(6) Subject to any provision to the contrary contained in this or any other Act�

(a) a suspended sentence which has not taken effect under section 56B shall be treated as a sentence of imprison ment for the purposes of all Acts except any Act which provides for disqualification for or loss of office, or for feiture of pensions, of persons sentenced to imprison ment; and

(b) where a suspended sentence has taken effect under sec tion 56B, the offender shall be treated for the purposes of the said excepted Acts as having been convicted on the ordinary date on which the period allowed for mak ing an appeal against an order under section 56B ex pires or, if such an appeal is made, the date on which it is finally disposed of or abandoned or fails for nonprose cution.

Power of court on conviction of further offence to deal with sus pended sentence

56B (1) If an offender is convicted of an offence committed during the operational period of a suspended sentence for which he is sentenced to imprisonment and either he is so convicted by or before a court having power under section 56C to deal with him in respect of the suspended sentence or he subsequently appears or is brought before such a court, then, unless the sentence has already taken effect, that court shall con sider his case and deal with him by one of the following methods �

(a) that court may order that the suspended sentence shall take effect with the original term unaltered;

(b) it may order that the sentence shall take effect with the substitution of a greater or lesser term for the original term;

(c) it may by order vary the original order under section 56A(1) by substituting for the period specified therein a period expiring not later than two years from the date of the variation; or

(d) it may make no order with respect to the suspended sentence,

and a court shall make an order under paragraph (a) unless the court is of opinion that it would be unjust to do so in view of all the circum stances which have arisen since the suspended sentence was passed, in cluding the facts of the subsequent offence, and where it is of that opin ion the court shall state its reasons.

(2) Where a court orders that a suspended sentence shall take effect, with or without any variation of the original term, the term of such sentence shall commence on the expiration of another term of imprison ment passed on the offender by that or another court, unless the court is of opinion that, by reason of special circumstances, the sentence should take effect immediately.

(3) In proceedings for dealing with an offender in respect of a suspended sentence which take place before the Supreme Court any question whether the offender has been convicted of an offence commit ted during the operational period of the suspended sentence for which he is sentenced to a term of imprisonment shall be determined by the court and not by the verdict of a jury.

(4) Where a court deals with an offender under this section in respect of a suspended sentence the appropriate officer of the court shall notify the appropriate officer of the court which passed the sentence of the method adopted.

(5) Where on consideration of the case of an offender a court makes no order with respect to a suspended sentence, the appropriate officer of the court shall record that fact.

(6) For the purposes of any Act conferring rights of appeal in criminal cases any such order made by a court shall be treated as a sentence passed on the offender by that court for the offence for which the suspended sentence was passed.

Court by which suspended sentence is to be dealt with

56C (1) An offender may be dealt with in respect of a suspended sentence by any court before which he appears or is brought.

(2) Where an offender is convicted by a magistrate of an offence and is sentenced therefor to imprisonment and the magistrate is satisfied that the offence was committed during the operational period of a sus pended sentence passed by the Supreme Court�

(a) the magistrate may, if he thinks fit, commit him in cus tody or on bail to the Supreme Court in respect of the suspended sentence; and

(b) if he does not, shall give written notice of the conviction to the Registrar of the Supreme Court.

(3) For the purpose of this section and section 56D a sus pended sentence passed on an offender on appeal shall be treated as
having been passed by the court by which he was originally sentenced.

Discovery of further offences

56D (1) If it appears to a judge or a magistrate that an offender has been convicted in Bermuda of an offence committed during the opera tional period of a suspended sentence for which he was sentenced to a term of imprisonment and that he has not been dealt with in respect of the suspended sentence, the judge or magistrate may issue a summons requiring the offender to appear at the place and time specified therein, or may, subject to this section, issue a warrant for his arrest.

(2) A magistrate shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath.

(3) A summons or warrant issued under this section shall di rect the offender to appear or to be brought before the court by which the suspended sentence was passed, but if a warrant is so issued requiring him to be brought before the Supreme Court and he cannot forthwith be brought before that court because that court is not being held, the war rant shall have effect as if it directed him to be brought before a magis trate and the magistrate shall commit him in custody or on bail to the Supreme Court.

Interpretation for purposes of sections 56A to 56D

56E In sections 56A, 56B, 56C and 56D �

"the appropriate officer of the court" means, in relation to the Supreme Court, the Registrar of the Court and in relation to a magistrates' court, the officer for the time being holding or acting in the public office of Administrative Officer;

"court" includes a magistrates' court;

"operational period", in relation to a suspended sentence, means the period specified in an order made under section 56A(1).

Effect of escape on punishment

57 A person undergoing a sentence of imprisonment or of preventive detention who escapes from lawful custody is liable on recapture to un dergo the punishment which he was undergoing at the time of his escape for a period equal to that during which he was absent from prison after his escape and before the expiration of the term of his sentence, whether that term has or has not expired at the time of his recapture.

Preventive detention of persistent offenders

58 (1) Where a male person who is not less than twenty-five years of age�

(a) is convicted on indictment of an offence punishable with imprisonment for a term of two years or more; and

(b) has been convicted on indictment on at least three pre vious occasions since he attained the age of sixteen years of offences punishable on indictment with such a term of imprisonment, and was on at least two of those occasions sentenced to imprisonment or to corrective training,

then, if the Court is satisfied that it is expedient for the protection of the public that he should be detained in custody for a substantial time (to be followed by a period of supervision if he is released before the expiration of the term of his sentence), the Court may pass, in lieu of any other sentence, a sentence of preventive detention for such term of not less than five or more than fourteen years as the Court may determine.

(2) A person sentenced to preventive detention shall be de tained in a prison for the term of his sentence if he is not released on li cence in accordance with the Prisons Act 1979 [title 10 item 32]; and a person so sentenced shall, while so detained, be treated in such manner as may be prescribed by prison made under that Act.

Restriction on infliction of punishment of whipping

59 The punishment of whipping shall not be inflicted�

(a) upon a woman; or

(b) upon a male person over the age of forty-five years; or

Sentences of whipping

60 (1) When an offender is sentenced to whipping, the Court shall direct him to be once privately whipped, and shall prescribe the number of strokes to be inflicted, which shall not exceed eighteen in any case.

(2) When an offender is convicted at one or more trials before the Court during any period of twelve weeks of two or more distinct of fences, any two or more of which are legally punishable by whipping, then the combined sentences of whipping awarded by the Court shall
not exceed eighteen strokes.

(3) Subject as hereinafter provided and to the Prisons Act 1979 [title 10 item 32], a sentence of whipping shall be carried into execution with a cat-o'-nine-tails or with a cane or with a birch rod; and the Court shall specify in the sentence which of the three instruments is to be used in the execution of the sentence:

Provided that no sentence of whipping with a cat-o'-nine-tails shall be imposed on a person under the age of eighteen years.

Powers of Supreme Court in relation to fines and estreated recog nizances

61 (1) Subject to this section, where a fine is imposed or a recog nizance is estreated by the Supreme Court an order may be made by the Court in accordance with the provisions of this section�

(a) allowing time for the payment of the fine or the amount due under the recognizance;

(b) directing payment of the said amount by instalments;

(d) in the case of a recognizance discharging the recog nizance or reducing the amount due thereunder:

Provided that any term of imprisonment in default of payment of a fine shall not exceed two years and shall not, together with any term of imprisonment (if any) imposed in respect of the offence for which the fine was imposed, extend for a term longer than the longest term for which the offender might be sentenced to be imprisoned without fine; so, how ever, that if imprisonment cannot be imposed for the offence in question, a term of imprisonment not exceeding three months may be fixed in de fault of payment of a fine of less than $120, or a term of imprisonment not exceeding six months in default of payment of a fine of $120 or more imposed for that offence.

(2) Subject to the proviso to subsection (1), where any person liable for the payment of a fine or a sum due under a recognizance is sentenced by the Court to serve, or is serving or is otherwise liable to serve, a term of imprisonment, the Court may order that any term of im prisonment fixed under subsection (1)(c) shall not begin to run until after the end of the first mentioned term of imprisonment.

Recovery of fines and estreated recognizances

62 Subject as hereinafter provided, the payment of the amount of any fine imposed by or the amount of any recognizance estreated by, the Supreme Court in connection with any criminal proceedings on indict ment may be enforced in like manner as a judgment or order for the payment of money made in an action in the Supreme Court:

Provided that the Court shall not exercise the powers conferred upon it by this section where the Court, under section 61, has imposed a sentence of imprisonment in default of the payment of a fine or of a sum due under a recognizance.

Absolute and conditional discharge of offenders

63 (1) Where a court by or before which a person is convicted of an offence (not being an offence punishable with death) is of opinion, having regard to the circumstances, including the nature of the offence and the character of the offender, that it is not expedient to inflict pun ishment and that a probation order is not appropriate, then�

(a) the court may make an order discharging him abso lutely; or

(b) the court, if it thinks fit, may make an order discharging him subject to the condition that he commits no offence, being an offence punishable with imprisonment, during such period, not exceeding three years from the date of the order, as may be specified in the order.

(2) An order discharging a person subject to such a condition as aforesaid is in this Act referred to as an "order for conditional dis charge", and the period specified in any such order as "the period of con ditional discharge".

(3) Before making an order for conditional discharge the court shall explain to the offender in simple language that if he commits dur ing the period of conditional discharge an offence punishable with im prisonment he will be liable to be sentenced for the original offence.

(4) Where, under the following provisions of this Part, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.

Binding over without proceedings to convict

64 (1) Where a court is satisfied that the facts establishing a charge against any person have been proved that court may, without proceeding to convict that person, bind him over to be of good behaviour for such period as the court thinks fit.

(2) Before binding over any person under subsection (1) the court shall explain to the person in simple language that if he commits, during the period of such binding over, any offence, he will be liable to convic tion for the offence in relation to which he is bound over.

(3) If any person, bound over under the provisions of subsec tion (1), within the period of such binding over is convicted of any of fence, the court so convicting him shall record against that person a conviction for the offence in relation to which he was bound over and may impose upon him any sentence to which he would have been liable had he been convicted instead of being bound over under subsection (1).

(4) A note shall be made by the court of a binding over made under this section but such note shall not be deemed to be a criminal record for any purpose and upon the expiry of the period for which the person is bound over any note of the binding over shall forthwith be de stroyed:

Provided that if a conviction is recorded against a person under subsection (3) that record shall for all purposes be deemed to be a crimi nal record.

Probation orders

65 (1) Where a court by or before which a person is convicted of an offence (not being an offence punishable with death but being an offence punishable with imprisonment) is of the opinion that having regard to the circumstances, including the nature of the offence and the character of the offender it is expedient to do so, the court, instead of sentencing him or making an order for absolute or for conditional discharge, may make a probation order, that is to say, an order requiring him to be un der the supervision of a probation officer for such period (hereinafter in this Part referred to as "the probation period") as may be specified in the order, being a period of not less than one year and not more than three years.

(2) A probation order may, in addition to requiring the offender to whom the order relates to be under the supervision of a probation offi cer, require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers necessary for securing the good conduct of the offender or for preventing a repetition by him of the same offence or the commission of other offences:

Provided that (without prejudice to the power of the court to make an order under section 559) the payment of sums by way of dam ages for injury or compensation for loss shall not be included among the requirements of a probation order.

(3) Without prejudice to the generality of subsection (2), a pro bation order may include requirements relating to the residence of the offender:

Provided that before making an order containing any such re quirements, the court shall consider the home surroundings of the of fender.

(4) Before making a probation order, the court shall explain to the offender in simple language the effect of the order (including any ad ditional requirements proposed to be inserted therein under subsection (2) or subsection (3)) and that if he fails to comply therewith or commits during the probation period an offence punishable with imprisonment he will be liable to be sentenced for the original offence; and if the offender is not less than fourteen years of age the court shall not make the order unless he expresses his willingness to comply with the requirements thereof.

(5) The court by which a probation order is made shall forth with give copies of the order to a probation officer assigned to the court, and the said probation officer shall give a copy to the offender and to the probation officer responsible for the supervision of the offender.

Appointment, selection etc of probation officers; and functions of the Director of Social Services with respect to the probation and su pervision of offenders

66 (1) The Governor may from time to time appoint such number of probation officers of either sex as may appear to him of to be neces sary.

(2) A probation officer shall have the powers and discharge the duties conferred or imposed on a probation officer by or under this or any other Act; and in particular it shall be the duty of a probation offi cer�

(a) to supervise, having regard to the requirements of the probation orders made in their respective cases, the pro bationers placed under his supervision; and

(b) to advise, assist and befriend them; and

(c) to inquire, without prejudice to any special directions that may be given by the court, into the circumstances and past and present environment of any accused or convicted person, being a person not over thirty years of age charged or convicted of an offence involving dishon-
esty or violence to the person, with a view to assisting the court in determining the most suitable way of deal ing with his case; and

(d) to assist the court by which a probation order was made in determining how best to exercise its powers in relation to the probationer; and

(e) to advise, assist and befriend persons who, on release from custody, have been placed under his supervision.

(3) It shall be the duty of the Director of Social Services, sub ject to any general or special directions given to him by the Minister of Health and Social Services, to provide for the efficient carrying out of the work of probation officers and to review the work of probation officers in individual cases.

(4) The probation officer who is to be responsible for the super vision of a probationer shall be selected under arrangements made by the Director of Social Services from among the available probation offi cers, so, however, that the probation officer under whose supervision a woman or girl is placed shall be a woman; and, if the probation officer so selected dies or is unable for any reason to carry out his or her duties, or if the Director of Social Services thinks it desirable that another proba tion officer should take his or her place, then another probation officer shall be selected in like manner from among the available probation offi cers.

Discharge and amendment of probation orders

67 (1) The court by which a probation order was made may, upon application made by the probationer or by the probation officer under whose supervision the probationer is for the time being, by order dis charge the probation order.

(2) Subject to this section, the court by which a probation order was made may, upon application made by the probationer or by the pro bation officer under whose supervision the probationer is for the time being, by order amend the probation order by cancelling any of the re quirements thereof or by inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by that court in accor dance with section 65:

Provided that the court shall not amend a probation order so as to reduce the probation period to a period of less than one year, or so as to extend the probation period beyond the end of three years, from the date of the original order.

(3) Where a court proposes to amend a probation order under this section, otherwise than on the application of the probationer, it shall summon him to appear before the court; and if the probationer is not less than fourteen years of age, the court shall not amend the probation order unless the probationer expresses his willingness to comply with the requirements of the order if amended as proposed:

Provided that this subsection shall not apply to an order can celling any requirement of the probation order or reducing the period of any such requirement.

(4) On the making of an order discharging or amending a pro bation order the court shall forthwith give copies of the discharging or amending order to the probation officer, and he shall give a copy to the probationer.

(5) Where, under the following provisions of this Part, a proba tioner is sentenced for the offence in respect of which he was placed on probation, the probation order shall cease to have effect.

Breach of requirement of probation order

68 (1) Where a probation order has been made by a court and at any time during the probation period it appears on information to a magistrate that the probationer has failed to comply with any of the re quirements of the order, the magistrate may issue a summons requiring the probationer to appear before a court of summary jurisdiction at the place and time specified therein or may, if the information is in writing and on oath, issue a warrant for his arrest.

(2) If it is proved to the satisfaction of the court before which a probationer appears or is brought under this section that the probationer has failed to comply with any of the requirements of the probation order, then�

(a) if the probation order was made by a court of summary jurisdiction, the court before which the probationer ap pears or is brought may, without prejudice to the con tinuance of the probation order, impose on him a fine of $48 or may deal with him, for the offence in respect of which the probation order was made, in any way in which the court could deal with him if the court had just convicted him of that offence;

(b) if the probation order was made by the Supreme Court, the court before which the probationer appears or is brought shall commit him to custody or release him on
bail (with or without sureties) until he can be brought or appear before the Supreme Court.

(3) Where the court of summary jurisdiction deals with the case as provided in subsection (2)(b) then�

(a) the court shall send to the Supreme Court a certificate signed by the magistrate comprising the court, certifying that the probationer has failed to comply with such of the requirements of the probation order as may be spec ified in the certificate, together with such other particu lars of the case as may be desirable; and a certificate purporting to be so signed shall be admissible as evi dence of the failure before the Supreme Court; and

(b) where the probationer is brought or appears before the Supreme Court, and it is proved to the satisfaction of that court that he has failed to comply with any of the requirements of the probation order, that court may, without prejudice to the continuance of the probation order, impose on him a fine of $48, or may deal with him, for the offence in respect of which the probation or der was made, in any way in which the court could deal with him if he had just been convicted before the court of that offence.

(4) A fine imposed under this section in respect of a failure to comply with the requirements of a probation order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid on a conviction.

Commission of further offence during period of conditional dis charge or probation period

69 (1) If it appears to a judge or to a magistrate that a person in respect of whom an order for conditional discharge or a probation order has been made has, as a result of criminal proceedings instituted not later than twelve months after the expiration of the period of conditional discharge or of the probation period, been convicted by a court of an of fence punishable with imprisonment committed during the period of conditional discharge or during the probation period and has been dealt with in respect of that offence, the judge or magistrate may issue a summons requiring that person to appear at the place and time specified therein, or may issue a warrant for his arrest:

Provided that a magistrate shall not issue such a summons ex cept on information and shall not issue such a warrant except on infor mation in writing and on oath.

(2) A summons or warrant issued under this section shall di rect the person so convicted to appear or be brought before the court by which the order for conditional discharge or the probation order was made:

Provided that if a warrant is issued requiring him to be brought before the Supreme Court, and he cannot forthwith be brought before that court because that court is not then sitting, the warrant shall have effect as if it directed him to be brought before a court of summary juris diction; and the court of summary jurisdiction shall commit him to cus tody or release him on bail (with or without sureties) until he can be brought or appear before the Supreme Court.

(3) If a person in respect of whom an order for conditional dis charge or a probation order has been made by the Supreme Court is, as a result of criminal proceedings instituted not later than twelve months after the expiration of the period of conditional discharge or of the pro bation period, convicted and dealt with by a court of summary jurisdic tion in respect of an offence punishable with imprisonment committed during the period of conditional discharge or during the probation pe riod, the court of summary jurisdiction may commit him to custody or release him on bail (with or without sureties) until he can be brought or appear before the Supreme Court; and if it does so the court of summary jurisdiction shall send to the Supreme Court a copy of the minute or memorandum of the conviction recorded in the record book required to be kept under section 22 of the Summary Jurisdiction Act 1930 [title 8 item 34], signed by the clerk of the court by whom the record book is kept.

(4) Where it is proved to the satisfaction of the court by which an order for conditional discharge or a probation order was made, that the person in respect of whom that order was made has, as a result of criminal proceedings instituted not later than twelve months after the expiration of the period of conditional discharge or of the probation pe riod, been convicted and dealt with in respect of an offence punishable with imprisonment committed during the period of conditional discharge or during the probation period, as the case may be, the court may deal with him, for the offence in respect of which the order was made, in any way in which the court could deal with him if he had just been convicted by or before that court of that offence.

(5) If a person in respect of whom an order for conditional dis charge or a probation order has been made by a court of summary juris diction is, as a result of criminal proceedings instituted not later

(b) has been convicted on indictment, since he attained the age of sixteen years, of an offence punishable on indict ment with such a term of imprisonment,

then the Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that he shall be subject to po lice supervision, as hereinafter in this section provided, for a term not exceeding five years from the date of the expiration of the term of impris onment.

(2) A person ordered to be subject to police supervision as aforesaid who is at large in Bermuda�

(a) shall report himself once in each month to the police of ficer in charge of the police station nearest to his place of residence at such time as may be directed by that offi cer, or as may be prescribed by rules made under this section; and

(b) shall notify his place of residence and any change in his place of residence at such time and place and in such manner and to such person as may be prescribed by rules made as aforesaid.

(3) The Governor, acting in his discretion, may make rules for carrying into effect subsections (1) and (2) ; and without prejudice to the generality of the foregoing provisions, rules made as aforesaid may make provision for recording on books or cards particulars relating to the re quirement prescribed by subsection (2) or by such rules, and for the pos session, carrying and production of such books or cards by persons subject to police supervision.

(4) Any person who, being subject to police supervision as aforesaid�

(a) fails without reasonable excuse (the proof of which shall be upon him) to comply with any of the requirements prescribed by subsection (2) or by any rule made under this section; or

(b) knowingly makes any false statement in connection with any such requirement,

is guilty of a summary offence and is liable to a fine of $120 or to impris onment for six months, or to both such fine and imprisonment.

(5) It shall be lawful for the Governor in any particular case to remit or mitigate any requirement imposed on a person by virtue of this section.

Effect of pardon

73 A pardon by the Governor, on behalf of Her Majesty, has the ef fect of discharging the convicted person from the consequences of the conviction; and the Governor may extend the Royal Mercy to any person although he is imprisoned by virtue of any summary conviction for non payment of money which is payable to some private person.

Effect of endurance of punishment for offence not capital

74 Where any person who, having been convicted of an offence not punishable with death, endures, subject to and in accordance with the provisions of this or any other Act, the punishment (if any) to which he was sentenced, then the endurance of such punishment shall be deemed to have the same effect and consequences as a pardon granted under the Great Seal in respect of that offence:

Provided that nothing in the foregoing provisions of this section, nor the endurance of any punishment, shall be construed so as to abridge or derogate from any provision of law�

(a) relating to the manner in which a person convicted of an offence subsequent to a previous conviction of an offence may be dealt with by any court; or

(b) relating to any disability or disqualification imposed on a person by reason of his conviction of an offence.

Effect of summary conviction for indictable offences

75 When a person has been summarily convicted of an indictable offence, the conviction is to be deemed a conviction of a summary of fence, and not of an indictable offence.

PART V

GENERAL PUNISHMENTS

Punishment for felony where no special punishment provided

76 A person convicted upon indictment of any felony not punishable with death, for which no other punishment is provided, is liable to im prisonment for four years.

Punishment for attempt to commit felony where no special punish ment provided

77 Any person who attempts to commit a felony is liable, if no other punishment is provided, to imprisonment for two years.

Punishment for attempt to commit indictable offence where no spe cial punishment provided

78 Any person who attempts to commit an indictable offence other than treason or felony is liable, if no other punishment is provided, to a punishment equal to one-half of the greatest punishment to which an offender convicted of the offence which he attempted to commit is liable.

Punishment for attempt to commit summary offence

79 Any person who attempts to commit any offence other than an indictable offence is guilty of an offence and is liable, if no other punish ment is provided, to one-half of the greatest punishment to which an of fender convicted of the offence which he attempted to commit is liable.

Punishment for being accessory after the fact to felony

80 Any person who becomes an accessory after the fact to a felony is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for two years.

Punishment for being accessory after the fact to misdemeanour

81 Any person who becomes an accessory after the fact to a misde meanour is guilty of a misdemeanour, and is liable to a punishment equal to one-half of the greatest punishment to which the principal of fender is liable on conviction.

DIVISION II

OFFENCES AGAINST PUBLIC AUTHORITY AND PUBLIC POLICY

PART VI

TREASON, MUTINY AND SEDITION

Treason

82 Any person�

(a) who kills the Sovereign, or does her bodily harm tending to her death, or maiming or wounding, or imprisonment or restraint; or

(b) who kills the eldest son and heir apparent for the time being of the Sovereign, or the Queen Consort of the reigning King; or

(d) who conspires with any other person to kill the Sovereign or to do her bodily harm tending to her death, or maiming or wounding, or imprisonment or restraint; or

(e) who levies war against the Sovereign�

(i) with intent to depose the Sovereign from the style, honour and royal name, of the Imperial Crown of the United Kingdom of Great Britain and Northern Ireland or of any other of Her Majesty's dominions, or of any other country which has been declared to be under Her Majesty's protection; or

(ii) in order by force or constraint to compel the Sovereign to change her measures or counsels, or in order to put any force or constraint upon, or in order to intimidate any House of Parlia ment or the Legislature or legislative authority of any of Her Majesty's dominions; or

(f) who conspires with any other person to levy war against the Sovereign with any such intent or purpose as men tioned in paragraph (e); or

(g) who instigates any foreigner to make an armed invasion of any part of Her Majesty's dominions; or

(h) who assists by any means whatsoever any public enemy at war with the Sovereign; or

(i) who violates, whether with her consent or not, a Queen Consort, or the wife of the eldest son and heir apparent for the time being of the Sovereign,

commits the offence of treason and is liable to the punishment of death.

Accessory after the fact to treason

83 Any person who becomes an accessory after the fact to treason is guilty of treason and is liable to punishment as for treason.

Concealment of treason

84 Any person who, knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to a Justice of the Peace or use other reasonable endeavours to prevent the commission of the offence, is guilty of a felony, and is liable to imprison ment for life.

Treasonable felonies

85 (1) Any person who forms an intention to effect any of the fol lowing purposes�

(a) to depose the Sovereign from the style, honour and royal name of the Imperial Crown of the United Kingdom of Great Britain and Northern Ireland, or of any other of Her Majesty's dominions, or of any country which has been declared to be under Her Majesty's protection; or

(b) to levy war against the Sovereign within any part of Her Majesty's dominions, or within any country which has been declared to be under Her Majesty's protection, in order by force or constraint to compel the Sovereign to change her measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, any House of Parliament or Legislature or leg islative authority of any of Her Majesty's dominions, or of any country which has been declared to be under Her Majesty's protection; or

(c) to instigate any foreigner to make an armed invasion of Her Majesty's dominions, or of any country which has been declared to be under Her Majesty's protection,

and manifests such intention by any overt act, is guilty of a felony, and is liable to imprisonment for seven years.

(2) A person charged with any of the felonies declared in this section is not entitled to be acquitted on the ground that any act proved to have been committed by him constitutes the offence of treason; but a person who has been tried, and convicted or acquitted, on a charge of any such offence cannot be afterwards prosecuted for treason in respect of the same facts.

(3) A person cannot be tried for any of the felonies declared in this section, where the overt act alleged consists of spoken words only, unless such words have been openly and advisedly spoken, and infor mation thereof has been laid upon oath before a Justice of the Peace within six days after the words have been spoken; and a warrant for the apprehension of the person charged shall be issued within ten days after such information has been laid as aforesaid.

Two witnesses necessary

86 (1) A person charged with treason, or with any of the felonies declared in either of section 84 or 85, cannot be convicted, except on his own plea of guilty, or on the evidence in open court of two witnesses at the least to one overt act of the kind of treason alleged, or, except where the felony charged is one under section 85 and the overt act alleged con sists of spoken words, the evidence of one witness to one overt act, and one other witness to another overt act of the same kind of treason.

(2) This section does not apply to cases in which the overt act of treason alleged is the killing of the Sovereign, or a direct attempt to endanger the life or injure the person of the Sovereign.

(3) On the trial of a person charged with treason evidence can not be admitted of any overt act not alleged in the indictment.

Overt act

87 In the case of any of the offences declared in the foregoing provi sions of this Part, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, then every act of con spiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention.

Inciting to mutiny

88 (1) Any person who advisedly attempts�

(a) to seduce any person serving in any of Her Majesty's Forces from his duty and allegiance to Her Majesty; or

(b) to incite any such person to commit any act of mutiny or any traitorous or mutinous act; or

is guilty of a felony, and is liable to imprisonment for seven years.

(2) A person who has been tried, and convicted or acquitted, on a charge of any of the felonies declared in this section cannot be after wards prosecuted for any other felony declared in the foregoing provi sions of this Part or in section 90 (which section relates to assisting the escape of prisoners of war) in respect of the same facts.

(3) For the purposes of this section "Her Majesty's Forces" means the armed forces of Her Majesty or any of Her Majesty's domin ions and includes the military force raised under the Defence Act 1965 [title 7 item 21] or other statutory provision of Bermuda.

Prisoner of war defined

89 In sections 90, 91 and 92 "prisoner of war" includes any con victed prisoner sent to Bermuda from any other part of Her Majesty's dominions while he is in Bermuda in the custody of any part of Her Majesty's Forces, whether he is in actual custody or is escaping or en deavouring to escape therefrom.

Assisting escape of prisoners of war

90 Any person�

(a) who knowingly and wilfully aids any prisoner of war who is confined in a prison or elsewhere in Bermuda to es cape from his prison or place of confinement, or from Bermuda; or

(b) who knowingly and wilfully aids any prisoner of war in quitting, or in attempting to quit, Bermuda, although he does not aid such prisoner in quitting or attempting to quit the coast of any part of Bermuda,

is guilty of a felony, and is liable to imprisonment for five years.

Harbouring, concealing, etc prisoners of war

91 Any person who knowingly and wilfully harbours, conceals, se cretes or succours any prisoner of war who has escaped from any prison or place of confinement in Bermuda in which he has been confined as a prisoner of war is guilty of a misdemeanour, and is liable to a fine of $1,200 or to imprisonment for three years.

Obstructing search of vessel for prisoner of war

92 Any person who hinders or obstructs any person or persons authorized by the officer commanding Her Majesty's troops in Bermuda to search any vessel in Bermuda for any prisoner of war who has es caped from any prison or place of confinement in Bermuda is guilty of a summary offence, and is liable to imprisonment for twelve months.

Interpretation for purposes of sections 94 to 96

93 (1) In the succeeding provisions of this Part the following ex pressions shall have the meanings respectively assigned to them in this section�

"import", in relation to a publication includes�

(i) to bring into Bermuda; and

(ii) to bring within the territorial waters of Bermuda, whether or not the publication is brought ashore, and whether or not there is an intention to bring the publi cation ashore;

"publication" includes all written or printed matter and every thing, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form, shape, or in any manner capable of suggesting words or ideas, and every copy and reproduction of any publication;

"seditious publication" means a publication having a seditious intention;

"seditious words" means words having a seditious intention.

(2) A "seditious intention" is an intention�

(a) to bring into hatred or contempt or to excite disaffection against the person of Her Majesty, Her heirs or succes sors, or the Government or constitution of the United Kingdom or of Bermuda or of any other part of Her Majesty's dominions, as by law established, or either House of Parliament of the United Kingdom, or the Sen ate or House of Assembly of Bermuda; or

(b) to excite Her Majesty's subjects or other inhabitants of Bermuda to attempt to procure the alteration, otherwise than by lawful means, of any matter in Bermuda as by law established; or

(d) to raise discontent or disaffection amongst Her Majesty's subjects or other inhabitants of Bermuda; or

(e) to promote feelings of ill will and hostility between differ ent classes of the population of Bermuda:

Provided that an act, speech or publication is not seditious by reason only that it intends�

(i) to show that Her Majesty has been misled or mistaken in any of her measures; or

(ii) to point out errors or defects in the government or constitution of the United Kingdom or of Bermuda or of any other part of Her Majesty's dominions as by law established, or in legisla tion, or in the administration of justice, with a view to the remedying of such errors or defects; or

(iii) to persuade Her Majesty's subjects or other in habitants of Bermuda to attempt to procure by lawful means the alteration of any matter in Bermuda as by law established; or

(iv) to point out, with a view to their removal, any matters which are producing, or have a ten dency to produce, feelings of ill will and enmity between different classes of the population of Bermuda.

(3) In determining whether the intention with which any act was done, any words were spoken, or any document was published, was or was not seditious, every person shall be deemed to intend the conse quences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.

Punishment for offences relating to sedition

94 (1) Any person�

(a) who does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a seditious intention; or

(b) who utters any seditious words; or

(d) who imports any seditious publication, unless he has no reason to believe that it is seditious,

is guilty of a misdemeanour and is liable in respect of a first offence to imprisonment for two years, or in respect of a subsequent offence to im prisonment for three years; and any such seditious publication shall be forfeited.

(2) Any person who without lawful excuse has in his posses sion any seditious publication is guilty of an offence and is liable in re spect of a first offence on conviction by a court of summary jurisdiction to imprisonment for twelve months; and in respect of a subsequent of fence, on conviction on indictment, to imprisonment for two years; and any such publication shall be forfeited.

(3) No prosecution for an offence under this section shall be begun except within six months after the offence is committed.

(4) A person shall not be prosecuted for an offence under this section without the written consent of the Attorney-General.

(5) No person shall be convicted of an offence under this sec tion on the uncorroborated testimony of one witness.

Effect of prosecution

95 A person who has been tried, and convicted or acquitted, on a charge of any of the offences relating to sedition constituted by section 94 cannot afterwards be prosecuted upon the same facts for the offence of treason, or for the offence of failing, when he knows that any person intends to commit treason, to give information thereof with all reasonable despatch to a Justice of the Peace, or to use other reasonable endeav ours to prevent the commission of the offence.

Defamation of Foreign Heads of State

96 (1) Any person who, without such justification or excuse as would be sufficient in the case of the defamation of a person who takes part in public affairs, publishes anything intended to be read, or any sign or visible representation, tending to expose to hatred or contempt in the estimation of the people of any Foreign State any Prince or person exer cising sovereign authority over that State, is guilty of a misdemeanour and is liable on conviction by a court of summary jurisdiction to impris onment for twelve months and on conviction on indictment to imprison ment for two years.

(2) No prosecution for an offence under this section shall be begun except within six months after the offence is committed.

(3) A person shall not be prosecuted for an offence under this section without the written consent of the Attorney-General.

(4) No person shall be convicted of an offence under this sec tion on the uncorroborated testimony of one witness.

PART VII

OFFENCES AGAINST PUBLIC AUTHORITY, PUBLIC ORDER, THE AD MINISTRATION OF JUSTICE, PERSONAL LIBERTY ETC

Interference with Governor or Ministers

97 Any person�

(a) who advisedly does any act calculated to interfere with the free exercise by the Governor of the duties or au thority of his office; or

(b) who advisedly does any act calculated to interfere with the free exercise by a Minister of the duties or authority of his office as Minister,

is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on con viction on indictment to imprisonment for two years.

Constitution of offences relating to unlawful assembly and riot

98 (1) When three or more persons, with intent to carry out some common purpose, assemble in such a manner, or being assembled con duct themselves in such a manner, as to cause persons in the neigh bourhood to fear on reasonable grounds that the persons so assembled will tumultuously disturb the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons tumul tuously to disturb the peace, they are an unlawful assembly.

(2) It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid.

(3) An assembly of three or more persons who assemble for the purpose of protecting the house of any one of them against persons threatening to break and enter the house in order to commit a felony or misdemeanour therein is not an unlawful assembly.

(4) When an unlawful assembly has begun to act in so tumul tuous a manner as to disturb the peace, the assembly is called a riot, and the persons assembled are said to be riotously assembled.

Unlawful assembly

99 Any person who takes part in an unlawful assembly is guilty of a summary offence, and is liable to imprisonment for twelve months.

Riot

100 Any person who takes part in a riot is guilty of a misdemeanour and is liable on conviction by a court of summary jurisdiction to impris onment for twelve months, and on conviction on indictment to impris onment for two years.

Making of proclamation

101 Whenever any persons, to the number of twelve or more, are ri otously assembled together, any magistrate, any Justice of the Peace, or the Provost Marshal General, may go amongst them, or as near as he can safely come to them, and command or cause to be commanded with a loud voice that silence be kept while the proclamation next hereinafter mentioned is made, and then openly and with a loud voice make procla mation, or cause proclamation to be made, in these words or to the like effect:

"Our Sovereign Lady the Queen charges and commands all persons here assembled immediately to disperse themselves and peaceably to depart to their habitations, or to their lawful business, or they will be guilty of felony, and will be liable to be imprisoned for three years. God Save the Queen".

Offences in connection with making of proclamation and remaining assembled after proclamation

102 (1) Any person who, wilfully and knowingly and by force, op poses, obstructs or hurts any person who goes to make or begins to make any proclamation in pursuance of section 101, and thereby pre vents the proclamation being made, is guilty of a felony, and is liable to imprisonment for three years.

(2) Any persons who, being so assembled, continue together to the number of twelve or more, and do not disperse themselves within the space of an hour after the making of the proclamation, are each guilty of a felony, and are each liable to imprisonment for three years.

(3) When the making of the proclamation is prevented, any persons who, being so assembled, and to whom the proclamation would or ought to have been made if the making thereof had not been so pre vented, and who, knowing of such prevention, continue together to the number of twelve or more, and do not disperse themselves within the space of an hour after the time of such prevention, are each guilty of a felony, and are each liable to imprisonment for three years.

(4) A prosecution for any of the felonies declared by this section must be begun within a year after the felony is committed.

Rioters demolishing buildings etc

103 Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy�

(a) any building whatsoever; or

(b) any machinery whatsoever, whether fixed or movable; or

are each guilty of a felony, and each of them is liable to imprisonment for five years.

Rioters injuring buildings, machinery etc

104 Any persons who, being riotously assembled together, unlawfully damage any of the things mentioned in section 103 are each guilty of a felony, and each of them is liable to imprisonment for three years.

Going armed in public so as to cause terror

105 Any person who goes armed in public without lawful occasion in such a manner as to cause terror to any person is guilty of a summary offence, and is liable to imprisonment for twelve months.

Forcible entry on land

106 (1) Any person who, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, enters on land which is in the actual and peaceable possession of another person is guilty of a summary offence, and is liable to imprisonment for twelve months.

(2) It is immaterial whether he is entitled to enter on the land or not.

Forcible detainer of land

107 Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land, is guilty of a summary offence, and is liable to imprisonment for twelve months.

Affray

108 Any person who takes part in a fight in a public place is guilty of a summary offence, and is liable to imprisonment for twelve months.

Challenge to fight a duel

109 Any person who challenges another person to fight a duel, or who attempts to provoke another person to fight a duel, or who attempts to provoke any person to challenge another person to fight a duel, is guilty of a misdemeanour, and is liable on conviction by a court of sum mary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

Prize fight

110 Any person who fights in a prize fight, or subscribes to or pro motes a prize fight, is guilty of a summary offence, and is liable to im prisonment for twelve months.

Official corruption

111 Any person�

(a) who, being employed in the public service, or being the holder of any public office and being charged with the performance of any duty by virtue of such employment or office (not being a duty touching the administration of justice) corruptly asks, receives, or obtains, or agrees, or attempts to receive or obtain, any property or benefit of any kind for himself or for any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him in the discharge of the duties of his office; or

(b) who corruptly gives, confers, or procures, or promises or offers to give or confer or to procure or attempt to pro cure, to, upon, or for, any person employed in the public service, or being the holder of any public office,
or to, upon, or for, any other person, any property or benefit of any kind on account of any such act or omission on the part of the person so employed or holding such office,

is guilty of a misdemeanour, and is liable to imprisonment for three years.

Extortion by public officers

112 Any person who, being employed in the public service, takes or accepts from any person, for the performance of his duty as such officer, any reward beyond his proper pay and emoluments or any promise of such reward, is guilty of a summary offence, and is liable to imprison ment for twelve months.

False claims by public officers

113 Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or state ments�

(a) touching any remuneration payable or claimed to be payable to himself or to any other person; or

(b) touching any other matter required by law to be certified for the purpose of any payment of money or delivery of goods to be made to any person,

makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, is guilty of a summary of fence, and is liable to imprisonment for twelve months.

Administering extrajudicial oaths

114 (1) Any person who administers an oath, or takes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not by law any authority to do so, is guilty of a summary offence, and is liable to a fine not exceeding $600.

(2) This section does not apply�

(a) to an oath, declaration, affirmation or affidavit, admin istered or taken before a Justice of the Peace in any matter relating to the preservation of the peace or the punishment of offences or relating to inquiries respect ing sudden death; or

(b) to proceedings before either the Senate or the House of Assembly or a committee of either House, or to pro ceedings before any court; or

(c) to an oath, declaration, affirmation or affidavit, admin istered or taken for some purpose which is lawful under the laws of another country or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.

Definition of judicial proceeding

115 In sections 118, 119, 123, 124, 125, 125A, 125B and 126 "judicial proceeding" includes any proceeding had or taken in or before any court, tribunal or person, in which evidence may be taken on oath.

Judicial corruption

116 (1) Any person�

(a) who, being the holder of a judicial office, corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or for any other person on account of anything already done or omitted to be done, or to be afterwards done, or omitted to be done, by him in his judicial capacity; or

(b) who corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to pro cure, to, upon, or for, any person holding a judicial of fice, or to, upon, or for, any other person, any property or benefit of any kind on account of any such act or omission on the part of the person holding the judicial office,

is guilty of a felony, and is liable to imprisonment for five years.

(2) The offender cannot be arrested without warrant.

(3) A prosecution for any of the offences constituted by para graph (a) of subsection (1) cannot be begun except by the direction of the Attorney-General.

(4) In this section "holder of a judicial office" includes an arbi trator or umpire; but in the case of an offence committed by or with re spect to any such person the longest term of imprisonment is three years.

Official corruption not judicial but relating to offences

117 (1) Any person�

(a) who, being a Justice of the Peace not acting judicially, or being a person employed in the public service in any ca pacity not judicial for the prosecution or detention or punishment of offenders, corruptly asks, receives or ob tains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or for any other person, on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him, with a view to corrupt or improper interference with the due administration of justice, or the procurement or facilitation of the commission of any offence, or the protection of any offender or intending offender from detection or punishment; or

(b) who corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to pro cure, to, upon, or for, any such person, or to, upon, or for, any other person, any property or benefit of any kind, on account of any such act or omission on the part of the justice, or other person so employed,

is guilty of a felony, and is liable to imprisonment for five years.

(2) The offender cannot be arrested without warrant.

Corrupting of threatening jurors

118 Any person�

(a) who attempts by threats or intimidation of any kind, or by benefits or promises of benefit of any kind, or by other corrupt means, to influence any person, whether a particular person or not, in his conduct as a juror in any judicial proceeding whether he has been sworn as a ju ror or not; or

(b) who threatens to do any injury or cause any detriment of any kind to any person on account of anything done by him as a juror in any judicial proceeding; or

(c) who accepts any benefit or promise of benefit on account of anything to be done or that has been done by him as a juror in any judicial proceeding, whether he has been sworn as a juror or not, or on account of anything al ready done by him as a juror in any judicial proceeding,

is guilty of a summary offence, and is liable to imprisonment for twelve months.

Perjury

119 (1) Any person who, in any judicial proceeding, or for the pur pose of instituting any judicial proceeding, knowingly gives false testi mony or wilfully gives testimony which he does not believe to be true touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of a misdemeanour which is called perjury.¹

(2) It is immaterial whether the testimony is given on oath or under any other sanction authorized by law.

(3) The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assents to the forms and ceremonies actually used.

(4) It is immaterial whether the testimony is given orally or in writing.

(5) It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.

(6) It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

Punishment of perjury; evidence

120 (1) Any person who commits perjury is liable to imprisonment for five years:

Provided that if the offender commits the offence in order to pro cure the conviction of another person for an offence punishable with death or with imprisonment for life, the offender is liable to imprison ment for life.

(2) A person cannot be convicted of committing perjury, or of
counselling or procuring the commission of perjury, upon the uncorrobo rated testimony of one witness as to the falsity of any statement alleged to be false.

Summary committal for trial in connection with perjury appearing to have been committed before Supreme Court

121 (1) If it appears to the Supreme Court that any person has been guilty of perjury in any testimony given before it, the court may commit him to take his trial in respect of such perjury before the court in the same manner as if he had been charged before a magistrate with the same perjury, and sufficient evidence had been given against him.

(2) A person so committed may be admitted to bail as if he had been committed for trial by a magistrate.

(3) The Supreme Court may require any person to enter into a recognizance conditioned to appear and give evidence at the trial of a person so directed to be prosecuted.

False statements tendered in evidence

122 (1) Any person who, in making a written statement which is subsequently tendered in evidence under section 29 of the Evidence Act 1905 [title 8 item 10] or section 19 of the Indictable Offences Act 1929 [title 8 item 32], wilfully states in that statement anything which he knows to be false or does not believe to be true is guilty of a misde meanour and is liable to imprisonment for three years.

(2) A person shall not be convicted of committing an offence against this section or of counselling or procuring the commission of an offence against this section, upon the uncorroborated testimony of one witness as to the falsity of any statement alleged to be false.

Fabricating evidence

123 Any person who, with intent to mislead any tribunal in any judi cial proceeding,�

(a) fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or

(b) knowingly makes use of such fabricated evidence,

is guilty of a misdemeanour, and is liable to imprisonment for three years.

Contradictory statements with intent to mislead

124 (1) Any person who, being a witness in a judicial proceeding gives material evidence with respect to any matter of fact or knowledge and who subsequently in a judicial proceeding gives evidence that is contrary to his previous evidence in a material respect is, if his intent is to mislead the court or tribunal in either of the judicial proceedings guilty of an offence and is liable to imprisonment for three years.

(2) In a prosecution under this section it shall not be incum bent upon the prosecutor to prove that either the prior or the latter evi dence is false.

Corruption of witnesses; preventing witnesses from attending court etc

125 (1) Any person�

(a) who gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any per son, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false testimony or withhold true testimony; or

(b) who attempts by any other means to induce a person called or to be called as witness in any judicial proceed ing to give false testimony; or

(c) who asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or for any other person, upon any agreement or understanding that any person shall as a witness in any judicial proceeding give false testimony or withhold true testimony,

is guilty of a misdemeanour, and is liable to imprisonment for three years.

(2) Any person�

(a) who gives, confers, or promises or offers to give or con fer, or to procure or attempt, to procure, any property or benefit of any kind to, upon, or for any person, because such person gave false testimony or withheld true testi mony in a judicial proceeding; or

(b) who asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for
himself or for any person because he has given false testimony or withheld true testimony in a judicial pro ceeding,

is guilty of a misdemeanour, and is liable to imprisonment for three years.

(3) Any person who wilfully prevents or attempts to prevent any person who has been duly summoned to attend as a witness before any court or tribunal from attending as a witness, or from producing any thing in evidence pursuant to the subpoena or summons, is guilty of a summary offence, and is liable to imprisonment for twelve months.

Intimidating a witness an offence

125A Any person who�

(a) threatens, intimidates or restrains;

(b) uses violence to or inflicts injury on;

(d) causes or procures the punishment of, or loss of em ployment of,

a person for or on account of his having appeared or being about to ap pear, as a witness in a judicial proceeding is guilty of a misdemeanour and shall be liable on conviction to imprisonment for five years.

Insulting a witness an offence

125B Any person who insults a person for or on account of his having appeared or being about to appear, as a witness in a judicial proceeding is guilty of a summary offence and shall be liable on conviction to im prisonment for twelve months.

Destroying evidence

126 Any person who, knowing that any book, document or other thing of any kind, is or may be required in evidence in a judicial pro ceeding, wilfully destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of a misdemeanour, and is liable to imprison ment for three years.

Conspiring to bring false accusation

127 (1) Any person who conspires with another person to charge any person or cause any person to be charged with any offence, whether alleged to be committed in Bermuda or elsewhere, knowing that such person is innocent of the alleged offence, or not believing him to be guilty of the alleged offence, is guilty of a misdemeanour.

(2) If the offence is such that a person convicted of it is liable to be sentenced to death or to imprisonment for life, the offender is liable to imprisonment for life.

(3) If the offence is such that a person convicted of it is liable to be sentenced to imprisonment, but for a term less than life, the offender is liable to imprisonment for a term not exceeding seven years.

(4) In any other case the offender is liable to imprisonment for three years.

Conspiring to defeat justice

128 Any person who conspires with another person to obstruct, pre vent, pervert or defeat, the course of justice, is guilty of a misdemeanour, and is liable to imprisonment for three years.

Compounding felony

129 Any person who asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or for any other person upon any agreement or understanding�

(a) that he will compound or conceal a felony; or

(b) that he will abstain from, discontinue or delay, a prose cution for a felony; or

is guilty of a summary offence, and is liable to imprisonment for twelve months.

Advertising a reward for the return of stolen property

130 Any person�

(a) who publicly offers a reward for the return of any prop erty which has been stolen or lost, and in the offer makes use of any words purporting that no questions will be asked, or that the person producing such prop erty will not be seized or molested; or

(b) who publicly offers to return to any person who may have bought or advanced money by way of loan upon
any stolen or lost property the money so paid or ad vanced, or any other sum of money or reward for the return of such property; or

is guilty of a summary offence, and is liable to a fine of $1,200

Delaying taking of prisoner arrested before Justice

131 Any person who, having arrested another person upon a charge of an offence, wilfully delays to take him before a Justice of the Peace to be dealt with according to law, is guilty of a summary offence, and is li able to imprisonment for six months or to a fine of $1,200

Effecting a public mischief

132 (1) Any person who wilfully and knowingly makes to a person in authority any report or statement, being a report or statement�

(a) which alleges that any person (whether known or un known) has committed an offence, or alleges that there are reasonable grounds for suspecting that any such person has committed, is committing or is about to commit, any offence; and

(b) which is false in a material particular,

is guilty of an offence which is called effecting a public mischief.

(2) Any person who effects a public mischief is liable on con viction by a court of summary jurisdiction to a fine not exceeding $1,200 or to imprisonment for six months or to both such fine and imprison ment, or on conviction on indictment to imprisonment for a term not ex ceeding two years or to a fine of $6,000 or to both such imprisonment and fine.

(3) In this section "person in authority" means any magistrate, Justice of the Peace, coroner, police officer or customs officer and any other officer responsible for the due execution of the policy of any Gov ernment Department or Government Board.

133 [repealed by the Administration of Justice (Contempt of Court) Act 1979]

Attempting to pervert course of justice

134 Any person who attempts, in any way not specially defined in this Act, to obstruct, prevent, pervert or defeat, the course of justice, is guilty of a summary offence, and is liable to imprisonment for twelve months.

Rescue from lawful custody

135 (1) Any person who by force rescues, or attempts to a rescue, from lawful custody any other person is guilty of a felony.

(2) If the person rescued, or whose rescue is attempted, is un der sentence of death, or is charged with, or suspected of, or committed for, any offence punishable with death, the offender is liable to impris onment for five years.

(3) In any other case the offender is liable to imprisonment for three years.

(4) If the person rescued, or whose rescue is attempted, is in the custody of a private person, the offender must have notice of the fact that he is in such custody.

Escaping from lawful custody

136 Any person who, being in lawful custody, escapes from such custody is guilty of a misdemeanour, and is liable on conviction on in dictment to imprisonment for two years and on conviction by a court of summary jurisdiction to imprisonment for six months or to a fine of $600 or to both such imprisonment and fine.

Aiding escape from lawful custody

137 Any person who aids any other person in escaping or attempting to escape from lawful custody is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

Police officer wilfully permitting escape

138 (1) Any person who, being a police officer, wilfully permits a person in his lawful custody to escape is guilty of a felony.

(2) If the person who escapes is under sentence of death, or is charged with, or suspected of, or committed for, any offence punishable with death, the offender is liable to imprisonment for five years.

(3) In any other case the offender is liable to imprisonment for three years.

Police officer negligently permitting escape

139 Any person who, being a police officer, negligently permits a
per son within his lawful custody to escape, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprison ment for twelve months and on conviction on indictment to imprison ment for two years or to a fine of $2,500

Harbouring escaped prisoners

140 Any person who harbours, maintains or employs a person who is to his knowledge an offender under sentence of such a kind as to involve deprivation of liberty, and illegally at large, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to impris onment for twelve months and on conviction on indictment to imprison ment for two years, or to a fine of $2,500

Making false statement under oath or solemn declaration

141 (1) Any person who, on any occasion on which a person mak ing a statement touching any matter is required by law to make it on oath, or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any material partic ular, is to his knowledge false, or which he does not believe to be true and verifies it on oath, or under such other sanction, or by solemn decla ration or affirmation, is guilty of a misdemeanour, and is liable to im prisonment for five years.

(2) A person cannot be convicted of an offence under this sec tion upon the uncorroborated testimony of one witness.

Making false declarations and statements

142 (1) Any person who, on any occasion on which he is permitted or required by law to make a statement or declaration a before any per son authorized by law to permit it to be made before him, makes a statement or declaration before that person which, in any material par ticular, is to his knowledge false, is guilty of a misdemeanour, and is li able on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for three years.

(2) A person cannot be convicted of an offence under this sec tion upon the uncorroborated testimony of one witness.

Obstructing officers of courts

143 Any person who wilfully obstructs or resists any person lawfully charged with the execution of any writ, order or warrant of any court, is guilty of a summary offence, and is liable to imprisonment for twelve months.

Resisting etc public officers

144 Any person�

(a) who in any manner obstructs or resists any public offi cer while engaged in the discharge or attempted dis charge of the duties of his office under any Act or Act of the Parliament of the United Kingdom; or

(b) who obstructs or resists any person while engaged in the discharge of any duty imposed on him by any Act or Act of the Parliament of the United Kingdom,

is guilty of a summary offence, and is liable to imprisonment for twelve months.

False information to person employed in the public service

145 Any person who gives any public officer any information which he does not believe to be true intending thereby to cause, or knowing it to be likely that he will thereby cause, any public officer�

(a) to do or omit to do anything which such public officer would not otherwise do or omit to do; or

(b) to use the lawful power of such public officer to the in jury or annoyance of any person,

is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on convic tion on indictment to imprisonment for two years.

Refusal by public officers to perform duty

146 Any person who, being employed as a public officer or as an offi cer of any court or tribunal, perversely and without lawful excuse omits or refuses to do any act which it is his duty to do by virtue of his em ployment, is guilty of a summary offence, and is liable to imprisonment for twelve months.

Neglect by public officers to suppress riot; neglecting to aid in sup pressing riot

147 (1) Any person who, being a magistrate, a Justice of the Peace, the Provost Marshal General, or a police office, and having notice that there is a riot in his neighbourhood, omits, without reasonable excuse,
to do his duty in suppressing such riot, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to a fine of $1,250, and on conviction on indictment to imprisonment for two years.

(2) Any person who, having reasonable notice that he is re quired to assist any officer named in subsection (1) in suppressing a riot, without reasonable excuse omits to do so, is guilty of a summary offence, and is liable to imprisonment for twelve months.

Neglecting to aid in arresting offenders

148 Any person who, having reasonable notice that he is required to assist any police officer in arresting any person, or in preserving the peace, omits, without reasonable excuse, to do so, is guilty of a summary offence, and is liable to imprisonment for twelve months.

Disobeying Act or Act of Parliament of United Kingdom

149 (1) Any person who, without lawful excuse, the proof of which lies on him,�

(a) does any act which he is, by any Act or Act of the Par liament of the United Kingdom, forbidden to do; or

(b) omits to do any act which he is, by the provisions of any such Act or Act of the Parliament of the United Kingdom required to do,

is guilty of a summary offence, unless some mode of proceeding against him for such disobedience is expressly provided by the Act or Act of the Parliament of the United Kingdom, and is intended to be exclusive of all other punishment.

(2) The offender is liable to a fine of $250

Disobeying lawful order issued by constituted authority

150 (1) Any person who, without lawful excuse, the proof of which lies on him, disobeys any lawful order issued by any court or by any per son authorized by any Act or Act of the Parliament of the United King dom to make the order, is guilty of a summary offence, unless some mode of proceeding against him for such disobedience is expressly pro vided by the Act or Act of the Parliament of the United Kingdom, and is intended to be exclusive of all other punishment.

(2) The offender is liable to imprisonment for six months.

Interfering with political liberty

151 Any person who by violence, or by threats or intimidation of any kind, hinders or interferes with the free exercise of any political right by another person, is guilty of an offence, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months:

Provided that if the offender is a public officer and commits the offence in abuse of his authority, he is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on convic tion on indictment to imprisonment for two years.

Disturbing religious worship

152 (1) Any person�

(a) who is guilty of riotous, violent or indecent behaviour in any place of religious worship, or in any churchyard or burial ground, whether during the celebration of divine service or at any other time; or

(b) who molests, lets, vexes, troubles or disquiets any min ister of religion from lawfully officiating in any place of religious worship, or in any churchyard or burial ground,

is guilty of a summary offence, and is liable to a fine of $250, or to im prisonment for three months, or to both such fine and imprisonment.

(2) Any person found committing any offence against this sec tion may be arrested by a police officer or church officer.

Common nuisances

153 (1) Any person�

(a) who obstructs any highway by any permanent work or erection thereon or injury thereto, which renders the highway less commodious to the public than it would otherwise be; or

(b) who prevents the public from having access to any part of a highway by an excessive and unreasonable tempo rary use thereof, or by so dealing with the land in the immediate neighbourhood of the highway as to prevent the public from using and enjoying it securely; or

(c) who does any act not warranted by law, or omits to dis charge any legal duty, which act or omission obstructs
or causes inconvenience or damage to the public in the exercise of rights common to the public,

is guilty of a summary offence, and is liable to imprisonment for twelve months.

(2) It is immaterial whether the act complained of is convenient to a larger number of the public than it inconveniences, but the fact that the act complained of facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public.

Keeping brothel etc

154 Any person who keeps a house, room, or set of rooms, or place of any kind whatsoever, for purposes of prostitution, is guilty of a misde meanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months, and on conviction on indictment to imprisonment for two years.

Keeping common gaming house

155 (1) Any person�

(a) who keeps for gain any place to which persons resort for the purpose of playing at any game of chance; or

(b) who keeps any place which is kept or used for playing therein at any game of chance, or any game of mixed chance and skill, and in which�

(i) a bank is kept by one or more of the players ex clusively of the others; or

(ii) any game is played the chances of which are not alike favourable to all the players, including the banker or other persons by whom the game is managed, or against whom the other players stake, play or bet,

is said to keep a common gaming house.

(2) Any person who keeps a common gaming house is guilty of a misdemeanour, and is liable on conviction by a court of summary ju risdiction to imprisonment for twelve months, and on conviction on in dictment to imprisonment for two years.

Acting as keeper of brothel or gaming house

156 Any person who appears, acts or behaves as master or mistress, or as the person having the care or management, of any such house, room, set of rooms or place, as is mentioned in sections 154 and 155, is to be taken to be the keeper thereof, whether he is or is not the real keeper.

PART VIII

PIRACY

Definition of piracy in general

157 (1) In this Part "pirate" includes any person who on the high seas commits otherwise than as an act of war and under the authority of some Foreign Prince or State any act with respect to a ship, or any goods or merchandise belonging to a ship, or laden upon it, which, if the act were committed on land, would constitute robbery as hereinafter defined, and any person who, having on the high seas obtained possession of a ship by means of any such act, retains possession thereof.

(2) "pirate" also includes any person who is declared by any Act or Act of the Parliament of the United Kingdom to be a pirate.

(3) The act of any such person is called piracy.

Further definition of pirates

158 Any person who does any of the following acts is also deemed to be a pirate and his act is also called piracy, that is to say,�

(a) being a Commonwealth citizen, and being at any place within the jurisdiction of the Admiralty, commits, under colour of a commission from a Foreign State or Prince, whether such State or Prince is at war with the Sovereign or not, or under pretence of authority from any person whatsoever, any act of hostility, or any act which, if it were committed on land, would be robbery as defined in section 344, against another Commonwealth citizen; or

(b) being a Commonwealth citizen, is in any way adherent to, or gives aid to, Her Majesty's enemies at any place within the jurisdiction of the Admiralty during any war; or

(c) whether being a Commonwealth citizen or not, forcibly
enters a British ship at any place within the jurisdiction of the Admiralty, and throws overboard or destroys any part of the goods or merchandise belonging to the ship or laden upon it; or

(d) being on board a British ship at any place within the ju risdiction of the Admiralty�

(i) turns pirate, enemy or rebel, and piratically runs away with the ship, or any boat, ordnance, ammunition or goods belonging to it or laden upon it; or

(ii) voluntarily yields up the ship or any such thing as last mentioned to a pirate; or

(iii) brings a seducing message from a pirate, enemy or rebel; or

(iv) consults or conspires with, or attempts to cor rupt, the master or any officer of the ship, or any seaman, with intent that he should run away with or yield up any ship, goods or mer chandise, or turn pirate, or go over to pirates; or

(v) lays violent hands on the master of the ship with intent to hinder him from fighting in defence of the ship and goods committed to his trust; or

(vi) confines the master of the ship; or

(vii) makes, or endeavours to make, a revolt in the ship; or

(e) being a Commonwealth citizen in any part of the world, or, whether being a Commonwealth citizen or not, being in any part of Her Majesty's dominions, or on board a British ship in any part of the world�

(i) knowingly trades with a pirate in any manner whatsoever; or

(ii) knowingly furnishes a pirate with ammunition, provisions or stores of any kind; or

(iii) knowingly fits out a ship or vessel with a design to trade with, or supply or correspond with, a pi rate; or

(iv) knowingly conspires or corresponds with a pi rate,

Punishment of piracy

159 Any person who, within the territorial jurisdiction of Bermuda, commits piracy, is guilty of a felony, and is liable to imprisonment for life:

Provided that if the offence is committed with respect to a ship, and if at, or immediately before or immediately after, the time of commit ting the offence the offender�

(a) assaults any person on board of or belonging to the ship, with intent to kill him or to kill any other person; or

(b) wounds any such person; or

the offender is liable to the punishment of death.

Attempted piracy with personal violence

160 Any person who, within the territorial jurisdiction of Bermuda, does any of the following acts with intent to commit the offence of piracy with respect to a ship�

(a) assaults any person on board of or belonging to the ship, with intent to kill him or to kill any other person; or

(b) wounds any such person; or

is guilty of a felony, and is liable to the punishment of death.

Aiding pirates

161 Any person�

(a) who brings a seducing message from a pirate; or

(b) who consults or conspires with, or who attempts to cor rupt, any master or officer of a ship or any seaman,
with intent that he should run away with or yield up any ship, goods or merchandise, or turn pirate, or go over to pirates,

is guilty of a felony, and is liable to imprisonment for life.

Hijacking aircraft

162 Any person who, unlawfully, by force or threat thereof or by any other form of intimidation, seizes or exercises control of an aircraft with intent�

(a) to cause any person on board the aircraft to be confined or imprisoned against his will; or

(b) to cause any person on board the aircraft to be trans ported against his will to any place other than the next scheduled place of landing of the aircraft; or

(d) to cause the aircraft to deviate in a material respect from its flight plan,

is guilty of a felony and is liable to imprisonment for life.

PART IX

OFFENCES RELATING TO THE COIN

Interpretation of Part IX

163 In this Part, where not inconsistent with the context,�

"copper", applied to coin, includes any metal of less value than the silver or alloy of silver used in the silver coin of the coun try in question;

"counterfeit", applied to coin, means coin not genuine but re sembling or apparently intended to resemble or pass for gen uine coin; and includes�

(i) genuine coin which has been prepared or altered so as to resemble, or be apparently intended to resemble, or pass for, coin of higher denomination; and

(ii) genuine coin which has been clipped or filed, or the size of which has been otherwise diminished, and which has been prepared or altered so as to conceal such dipping, filing or diminution; and

(iii) any such coin whether it is or is not in a fit state to be uttered, and whether the process of preparation or alter ation is or is not complete;

"gild" and "silver", applied to coin, include producing the appear ance of gold or silver, respectively, by any means whatsoever;

"metal" includes any mixture or alloy of metals;

"utter" includes using, dealing with, or acting upon, and at tempting to use, deal with or act upon, the thing in question as if it were genuine.

Counterfeiting gold and silver coin

164 Any person who makes or begins to make any counterfeit gold or silver coin is guilty of a felony and is liable to imprisonment for five years.

Preparation for counterfeiting gold and silver coin

165 Any person�

(a) who gilds or silvers any piece of metal of a fit size or fig ure to be coined into counterfeit gold or silver coin; or

(b) who makes any piece of metal into a fit size or figure to facilitate the coining from it of any counterfeit gold or silver coin, with intent that such counterfeit coin shall be made from it; or

(i) buys, sells, receives, pays, or disposes of, any counterfeit gold or silver coin at a lower rate than it imports or is apparently intended to im port, or offers to do any such thing; or

(ii) brings or receives into Bermuda any counterfeit gold or silver coin, knowing it to be counterfeit; or

(iii) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes
of, any stamp or mould, which is adapted to make the resemblance of both or either of the sides of any gold or silver coin, or any part of either side thereof, knowing the stamp or mould to be such a stamp or mould or to be so adapted; or

(iv) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of, any tool, instrument, or machine, which is adapted and intended to be used for marking coin round the edges with marks or figures ap parently resembling those on the edges of any gold or silver coin, knowing the tool, instrument or machine to be so adapted or intended; or

(v) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of, any press for coinage, or any tool, instrument or machine, which is adapted for cutting round blanks out of gold, silver or other metal, know ing such press, tool, instrument, or machine to have been used or to be intended to be used for making any counterfeit gold and silver coin,

is guilty of a felony and is liable to imprisonment for five years.

Clipping

166 Any person who deals with any gold or silver coin in such a manner as to diminish its weight with intent that when so dealt with it may pass as gold or silver coin, is guilty of a felony, and is liable to im prisonment for five years.

Possessing of clippings

167 Any person who unlawfully has in his possession or disposes of any filings or clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with gold or silver coin in such a manner as to diminish its weight, knowing the gold or sil ver to have been so obtained, is guilty of a felony, and is liable to impris onment for three years.

Uttering counterfeit gold or silver coin

168 (1) Any person who utters any counterfeit gold or silver coin, knowing it to be counterfeit, is guilty of a summary offence, and is liable to imprisonment for twelve months.

(2) Any person who commits any of the offences constituted by subsection (1) or by section 169, after having been previously convicted of any of such offences, is guilty of a felony and is liable to imprisonment for ten years.

(3) A person found committing the offence may be arrested without warrant.

Repeated uttering of counterfeit gold or silver coin, or possession of several such coins

169 (1) Any person�

(a) who utters any counterfeit gold or silver coin, knowing it to be counterfeit, and at the time of such uttering has in his possession any other counterfeit gold or silver coin; or

(b) who utters any counterfeit gold or silver coin, knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing, utters any other counter feit gold or silver coin, knowing it to be counterfeit; or

(c) who has in his possession three or more pieces of coun terfeit gold or silver coin, knowing them to be counter feit, and with intent to utter any of them,

is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on convic tion on indictment to imprisonment for two years.

(2) Any person who commits any of the offences constituted by subsection (1) or by section 168, after having been previously convicted of any of such offences, is guilty of a felony, and is liable to imprison ment for ten years.

(3) A person found committing the offence may be arrested without warrant.

Counterfeiting copper coin

170 (1) Any person�

(a) who makes, or begins to make, any counterfeit copper
coin; or

(b) who without lawful authority or excuse, the proof of which shall be upon him, knowingly makes or mends, or begins to make or mend, or has in his possession, or disposes of, any tool, instrument or machine which is adapted and intended for making any counterfeit copper coin; or

(c) who buys, sells, receives, pays, or disposes of, any counterfeit copper coin at a lower rate or value than it imports, or was apparently intended to import, or offers to do any such act,

is guilty of a felony, and is liable to imprisonment for three years.

Uttering etc base copper coin

171 (1) Any person�

(a) who utters any counterfeit current copper coin, knowing it to be counterfeit; or

(b) who has in his possession three or more pieces of coun terfeit copper coin, knowing them to be counterfeit, and with intent to utter an of them

is guilty of a summary offence, and is liable to imprisonment for twelve months.

(2) A person found committing the offence may be arrested without warrant.

Defacing coin

172 (1) Any person who defaces any coin by stamping thereon any name or word, whether the weight of the coin is or is not thereby dimin ished, is guilty of a summary offence, and is liable to imprisonment for twelve months.

(2) A person found committing the offence may be arrested without warrant.

Uttering foreign coin, medals etc as coin with intent to defraud

173 (1) A person who, with intent to defraud, utters as and for gold or silver coin�

(a) any coin which is not gold or silver coin; or

(b) any medal or piece of metal, whether a coin or not, which is of less value than the coin as and for which it is uttered,

is guilty of a summary offence, and is liable to imprisonment for twelve months.

Exporting counterfeit coin

174 (1) Any person who without lawful authority or excuse, the proof of which shall be upon him, exports or puts on board of a vessel for the purpose of being exported from Bermuda any counterfeit coin what soever, knowing it to be counterfeit, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

(2) A person found committing the offence may be arrested without warrant.

Possessing counterfeit foreign coin

175 (1) Any person who without lawful authority or excuse, the proof of which shall be upon him, has in his possession more than five pieces of counterfeit coin of any Foreign Prince or State, is guilty of a summary offence, and is liable to a fine of $60 for every such counterfeit coin found in his possession, and to forfeiture of the counterfeit coin, which shall be destroyed by the order of the court.

(2) In default of immediate payment of the fine, the offender is liable to imprisonment for a term of three months.

Tendering defaced coin

176 (1) Any person who utters any coin which is defaced by the stamping of any name or word thereon, is guilty of a summary offence, and is liable to a fine of $60

(2) A prosecution for any such offence cannot be commenced without the consent of the Attorney-General.

(3) A tender of payment in money made in any coin so defaced is not a legal tender.

Householder permitting unlawful carnal knowledge of young girl on his premises

182 (1) Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control of any premises, induces or knowingly permits any girl of such age as in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully carnally known by any man, whether a particular man or not, is guilty of an offence.

(2) If the girl is under fourteen years of age, he is guilty of a felony, and is liable to imprisonment for fifteen years.

(3) If the girl is of or above fourteen, and under sixteen, years of age, he is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for five years and on conviction on indictment to imprisonment for fifteen years.

(4) In the case of a person under twenty-one years of age at the time of the commission of the offence, it shall be a defence, on one occa sion only on which he is charged with any offence under this section, for him to prove that he had reasonable cause to believe and did in fact be lieve that the girl was of or above sixteen years of age.

[Section 182 amended by 1993 : 2 effective 1 June 1993]

Sexual exploitation of young person

182A (1) A person who�

(a) for a sexual purpose touches, directly or indirectly, with a part of the body or with an object, any part of the body of a young person; or

(b) for a sexual purpose invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person,

is guilty of a felony and is liable�

(aa) on conviction on indictment to imprison ment for fifteen years;

(bb) on summary conviction to imprison ment for five years.

(2) "Young person" in this section means a person under the age of fourteen years.

[Section 182A added by 1993 : 2 effective 1 June 1993]

Sexual exploitation of young person by a person in a position of trust

182B (1) A person who, being in a position of trust or authority towards a young person or being a person with whom a young person is in a relationship of dependency�

(a) for a sexual purpose touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or

is guilty of a felony and is liable�

(aa) on conviction on indictment to impri son ment for twenty years;

(bb) on summary conviction to impri sonment for five years.

(2) "Young person" in this section means a person under the age of sixteen years.

[Section 182B added by 1993 : 2 effective 1 June 1993]

Intercourse with defective

183 (1) Subject to subsection (2), any person who has or attempts to have unlawful sexual intercourse with a woman who is a defective is guilty of a misdemeanour, and is liable to imprisonment for three years with or without whipping.

(2) It shall be a defence to a charge under this section for the accused person to prove that he did not know and had no reason to sus pect the woman to be a defective.

(3) In this Act "defective' means a person suffering from severe subnormality within the meaning of the Mental Health Act 1968 [title 11 item 36]

Procuration; attempts

184 (1) Any person�

(a) who procures or attempts to procure a girl or woman who is under the age of twenty-one years to have un lawful carnal connection with a man, either in Bermuda or elsewhere; or

(b) who procures or attempts to procure a woman or girl to become a common prostitute, either in Bermuda or elsewhere; or

(c) who procures or attempts to procure a woman or girl to leave Bermuda with intent that she may become an in mate of a brothel elsewhere; or

(d) who procures or attempts to procure a woman or girl to leave her usual place of abode in Bermuda, such place not being a brothel, with intent that she may, for the purposes of prostitution, become an inmate of a brothel, either in Bermuda or elsewhere,

is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on convic tion on indictment to imprisonment for two years, with or without whip ping.

(2) [deleted]

[Section 184 amended by 1993 : 2 effective 1 June 1993]

Procuring unlawful carnal connection of woman or girl by threats, or fraud, or by administering drugs; attempts

185 (1) Any person�

(a) who by threats or intimidation of any kind, procures or attempts to procure a woman or girl to have unlawful carnal connection with a man, either in Bermuda or elsewhere; or

(b) who by any false pretence or other fraudulent means procures a woman or girl to have unlawful carnal con nection with a man, either in Bermuda or elsewhere; or

(c) who applies or administers to a woman or girl, or causes a woman or girl to take, any drug or other thing with intent to stupefy or overpower her in order to enable any man, whether a particular man or not, to have unlawful carnal knowledge of her,

is guilty of a misdemeanour, and is liable to imprisonment for three years, with or without whipping.

(2) [deleted]

[Section 185 amended by 1993 : 2 effective 1 June 1993]

Living on earnings of prostitution

186 (1) Any male person who knowingly lives wholly or in part on the earnings of prostitution is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for a term not exceeding two years, with or without whipping.

(2) Where a male person is proved to live with, or to be habitu ally in the company of, a prostitute, or is proved to have exercised con trol, direction or influence over the movements or actions of a woman or girl in such a manner as to show that he is aiding, abetting or compelling her prostitution, or aiding or encouraging her intended prostitution, with any other person or generally, he shall, unless he satisfies the court to the contrary, be deemed to be living knowingly on the earnings of pros titution.

(3) If it is made to appear to a magistrate by information on oath that there is reason to suspect that any house or any part of a house is used by a woman or girl for purposes of prostitution, and that any male person residing in or frequenting the house is living wholly or in part on the earnings of the prostitute, then the magistrate may issue a warrant authorizing any police officer to enter and search the house and to arrest that male person.

Exercising control over woman or girl with a view to her prostitu tion

187 (1) Without prejudice to the effect of the provisions of section 186, any person�

(a) who, for the purposes of gain, exercises any control di rection or influence over the movements or actions of a woman or girl in such a manner as to show that he is aiding, abetting, or compelling her prostitution, or is aiding or encouraging her intended prostitution, with any person, or generally; or

(b) who, for the purposes of gain, arranges a meeting be tween any person and a woman or girl, the meeting be ing arranged in such a manner as to show that he is aiding, abetting or compelling her prostitution, or is aiding or encouraging her intended prostitution, with that person,

is guilty of a summary offence, and is liable to imprisonment for six months or to a fine of $120 or to both such imprisonment and fine:

Provided that a person charged with an offence under this sec tion may, instead of being proceeded against summarily for a summary
offence, be proceeded against for an indictable offence (which shall be treated as a misdemeanour), and on conviction on indictment shall be li able to imprisonment for a term not exceeding two years, with or without whipping.

(2) Where a person charged with an offence under subsection (1) is proved to have exercised control, direction or influence over the movements or actions of a woman or girl, or to have arranged a meeting between any person and a woman or girl, in such a manner as is men tioned in subsection (1)(a) or (b), then, unless he satisfies the court to the contrary, it shall be presumed that he did so for the purpose of gain.

Abduction of girl under eighteen with intent to have carnal knowl edge

188 (1) Any person who, with intent that an unmarried girl under the age of eighteen years may be unlawfully carnally known by any man, whether a particular man or not, takes her or causes her to be taken out of the custody or protection of her father or mother, or other person having the lawful care or charge of her, and against the will of her father or mother, or other person, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

(2) It is a defence to a charge of any of the offences constituted by this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of eighteen years.

Conspiring to induce permission to have carnal knowledge

189 Any person who conspires with another person to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her, is guilty of a misdemeanour, and is liable on conviction by a court of sum mary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

Age and consent in certain cases

190 (1) Where an accused is charged with an offence-

(a) under section 182A; or

(b) under section 182B; or

it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.

(2) Notwithstanding paragraph (a) of subsection (1), where an accused is charged with an offence under section 182A, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused�

(a) is under the age of sixteen years; and

(b) is less than three years older than the complainant; and

(c) is neither in a position of trust or authority towards the complainant nor a person with whom the complainant is in a relationship of dependency.

(3) No person under the age of fourteen years shall be tried for an offence under section 182A unless he is in a position of trust or authority towards the complainant or is a person with whom the complainant is in a relationship of dependency.

(4) It is not a defence�

(a) to a charge under section 182A, that the accused believed that the com plai nant was fourteen years of age or older at the time the offence is alleged to have been committed; or

(b) to a charge under section 182B, or, where on a charge under section 323 or 324 or 325 or 326 it is alleged that the complainant consented to the activity that forms the subject-matter of the charge, to a charge under the said section 323 or 324 or 325 or 326, as the case may be, that the accused believed that the complainant was sixteen years of age or older at the time the offence is alleged to have been committed,

unless the accused proves that he had reasonable cause to have, and did in fact have, that belief at the time:

Provided that a defence shall not be available by virtue of this subsection�

(aa) in any circumstances, to an accused who was twenty-one years of age or older at that time; or

(bb) if an accused has once availed himself of such a defence to a charge under any of sections 182A, 182B, 323, 324, 325 and 326, ever again to that accused.

(5) Notwithstanding subsection (4), it is not a defence to a charge under section 182A or 182B or 323 or 324 or 325 or 326 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge if the complainant was in fact
under fourteen years of age at the time the offence was committed.

(6) Except as otherwise expressly stated, it is immaterial, in the case of any of the offences constituted by the foregoing provisions of this Part or specified in subsection (1) of this section committed with respect to a complainant under a particular age, that the accused did not know that the complainant was under that age, or believed that the com plai nant was not under that age.

[Section190 replaced by 1993 : 2 effective 1 June 1993]

Incest by male person; attempts; alternative convictions of other of fences

191 (1) Any male person who has carnal knowledge of a woman, or, as the case may be, of a girl, who is to his knowledge his grandmother, granddaughter, daughter, sister, or mother, is guilty of a misdemeanour, and is liable to imprisonment for seven years:

Provided that if, on an indictment for any such offence, it is al leged in the indictment and is proved that the offence was committed in respect of a girl under the age of fourteen years the offender is liable to imprisonment for ten years.

(2) It is immaterial that the carnal knowledge was had with the consent of the woman or girl.

(3) If any male person attempts to commit any such offence as aforesaid he is guilty of a misdemeanour, and is liable to imprisonment for three years.

(4) [deleted]

(5) If on the trial of an indictment for an offence under this section, the jury are satisfied that the defendant is guilty of an offence under section 180 or section 181 (which sections relate to the unlawful carnal knowledge of young girls) but are not satisfied that the defendant is guilty of an of fence under this section, then the jury may acquit the defendant of an offence under this section and find him guilty of an offence under (as the case may be) section 180 or 181 and in that event he shall be pun ishable accordingly.

[Section 191 amended by 1993 : 2 effective 1 June 1993]

Incest by woman

192 Any woman of, or above, sixteen years of age, who with consent permits her grandfather, grandson, father, brother, or son to have carnal knowledge of her (knowing him to be her grandfather, grandson, father, brother, or son, as the case may be) is guilty of a misdemeanour, and is liable to imprisonment for seven years.

Test of relationship

193 In section 191 and 192 the expressions "brother" and "sister" re spectively include half-brother and half-sister, and the provisions of the said sections shall apply whether the relationship between the person charged with an offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock.

Administering drugs etc with intent to procure miscarriage

194 Any person who, with intent to procure the miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, is guilty of a felony, and is liable to imprisonment for three years.

Attempt by woman to procure own miscarriage

195 Any woman who with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, or permits any such thing or means to be ad ministered or used to her, is guilty of a felony, and is liable to imprison ment for three years.

Supplying drugs or instruments to procure miscarriage

196 Any person who unlawfully supplies to or procures for any per son any thing whatsoever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a summary offence, and is liable to imprisonment for twelve months.

Medical termination of pregnancy

196A Sections 194, 195 and 196 do not apply to �

(a) a qualified medical practitioner or any person assisting him, who in good faith uses in a hospital any means for carrying out his intention to procure the miscarriage of a female person; or

(b) a female person who, being pregnant, permits a qualified medical practitioner to use in a hospital any means de scribed in paragraph (a) for the purpose of carrying out her intention to procure her own miscarriage,

Use of force in executing process or arrest

240 It is lawful for a person who is engaged in the lawful execution of any sentence, process, or warrant, or in making any arrest, and for any person lawfully assisting him, to use such force or obstruction as may be reasonably necessary to overcome any force used in resisting such exe cution or arrest.

Duty of persons executing process or warrant with respect to pro duction etc

241 (1) It is the duty of a person executing any process or warrant to have it with him, and to produce it if required.

(2) It is the duty of a person arresting another person, whether with or without warrant, to give notice, if practicable, of the process or warrant under which he is acting or of the cause of the arrest.

(3) A failure to fulfil either of the aforesaid duties does not of it self make the execution of the process or warrant, or the arrest, unlaw ful, but is relevant to the inquiry whether the process or warrant might not have been executed, or the arrest made, by reasonable means in a less forcible manner.

Use of force in connection with arrest

Use of force by police officer in preventing escape from arrest

242 (1) When a police officer is proceeding lawfully to arrest, with or without warrant, a person for an offence which is such that the of fender may be arrested without warrant, and the person sought to be ar rested takes to flight, in order to avoid arrest, it is lawful for the police officer, and for any person lawfully assisting him, to use such force as may be reasonably necessary to prevent the escape of the person sought to be arrested.

(2) The foregoing provisions of this section shall not have effect so as to authorize the use of force which is intended or is likely to cause death or grievous bodily harm, except in a case where the person sought to be arrested is reasonably suspected of having committed an offence punishable with death or imprisonment for life under any provision of law, nor until the person sought to be arrested has been called upon to surrender.

Use of force by person other than police officer in preventing es cape from arrest

243 (1) When a person who is not a police officer is proceeding lawfully to arrest, without warrant, another person for an offence which is such that the offender may be arrested without warrant, and when any person is proceeding lawfully to arrest another person for any cause other than such an offence, and, in either case, the person sought to be arrested takes to flight in order to avoid arrest, it is lawful for the person seeking to arrest him to use such force as may be reasonably necessary to prevent his escape.

(2) The foregoing provisions of this section shall not have effect so as to authorize the use of force which is intended or likely to cause death or grievous bodily harm.

Use of force in preventing escape or rescue after arrest

244 (1) When any person has lawfully arrested another person for any offence, it is lawful for him to use such force as he believes, on rea sonable grounds, to be necessary to prevent the escape or rescue of the person arrested.

(2) If the offence is not one which is such that the offender may be arrested without warrant, the foregoing provisions of this section shall not have effect so as to authorize the use of force which is intended or is likely to cause death or grievous bodily harm.

Examination of persons in custody

Examination of person of accused person in custody

245 (1) When a person is in lawful custody it is lawful for a police officer to search his person, and to take from him anything found upon his person, and to use such force as is reasonably necessary for that purpose.

(2) When a person is in lawful custody and there are reason able grounds for believing that an examination of his person will afford evi dence as to the commission of an offence, it is lawful for a medical prac titioner, acting at the request of a police officer, and for any person act ing in good faith in aid and under the direction of such medical prac titioner, to make such an examination of the person so in custody as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.

Prevention of breaches of the peace

Preventing breach of the peace

246 (1) It is lawful for any person who witnesses a breach of the
peace to interfere to prevent the continuance or renewal of such breach, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give him into the custody of a police officer.

(2) It is lawful for a police officer who witnesses a breach of the peace, and for any person lawfully assisting him, to arrest any person whom he finds committing such breach, or whom he believes, on rea sonable grounds, to be about to join in or renew the breach of the peace.

(3) It is lawful for a police officer to receive into custody and detain in custody any person given into his charge as having been a party to a breach of the peace by a person whom the police officer be lieves, on reasonable grounds to have witnessed the breach of the peace, and, upon receiving such person in custody the police officer shall be deemed to have arrested such person, and the provisions of sections 461, 461A, 461B and 462 shall apply accordingly.

(4) Nothing in this section shall authorize the detention in custody of any person save upon reasonable suspicion that he has com mitted, is committing or is about to commit an offence under any provi sion of law.

Suppression of riot

247 It is lawful for any person to use such force as is necessary to suppress a riot, and is reasonably proportioned to the danger to be ap prehended from the continuance of the riot, even though such force may cause death or grievous bodily harm.

Suppression of riot by Justice or police officer

248 It is lawful for a Justice of the Peace to use or order to be used, and for a police officer to use, such force as he believes, on reasonable grounds, to be necessary in order to suppress a riot, and as is reason ably proportioned to the danger which he believes, on reasonable grounds, is to be apprehended from the continuance of the riot.

Suppression of riot by person acting under order of Justice

249 (1) It is lawful for any person acting in good faith in obedience to orders, not manifestly unlawful, given by a Justice of the Peace for the suppression of a riot, to use such force as he believes, on reasonable grounds, to be necessary for carrying such orders into effect.

(2) Whether any particular order so given is or is not manifestly unlawful is declared to be a question of law.

Suppression of riot by person subject to military law or police officer acting under orders of superior officer

250 (1) It is lawful for a person who is subject to military law to obey lawful commands of his superior officer, or for any police officer, to obey a command given him by his superior officer, with a view to the suppression of a riot, unless the command is manifestly unlawful.

(2) Whether any particular command is or is not manifestly unlawful is declared to be a question of law.

(3) In this section "military law" means any provision of the Acts of the Parliament of the United Kingdom entitled, respectively, the Naval Discipline Act, the Army Act or the Air Force Act or the Acts of the Legislature of Bermuda entitled the Defence Act 1965 [title 7 item 21] or the Bermuda Volunteer (Reserve Force) Act 1939 [title 7 item 24].

Suppression of riot by person acting without order in case of emer gency

251 (1) When any person, whether subject to military law or not believes, on reasonable grounds, that serious mischief will arise from a riot before there is time to procure the intervention of a Justice of the Peace, it is lawful for him to use such force as he believes, on reasonable grounds, to be necessary for the suppression of the riot, and is reason ably proportioned to the danger which he believes, on reasonable grounds, to be apprehended from the continuance of the riot.

(2) In this section "military law" means any provision of the Acts of the Parliament of the United Kingdom entitled, respectively, the Naval Discipline Act, the Army Act or the Air Force Act or the Acts of the Legislature of Bermuda entitled the Defence Act 1965 [title 7 item 21] or the Bermuda Volunteer (Reserve Force) Act 1939 [title 7 item 24].

Prevention of commission of offences etc

Prevention of offence for which an offender may be arrested without warrant; and of violence by person of unsound mind

252 It is lawful for any person to use such force as is reasonably nec essary�

(a) in order to prevent the commission of an offence which is such that the offender may be arrested without war rant; or

(b) in order to prevent any act from being done as to which he believes, on reasonable grounds, that it would, if done, amount to any such offence; or

(c) in order to prevent a person whom he believes, on rea sonable grounds, to be of unsound mind from doing vi olence to any person or property.

Defence of dwelling-house

253 It is lawful for any person who is in peaceable possession of a dwelling-house, and for any person lawfully assisting him or acting by his authority, to use such force as he believes, on reasonable grounds, to be necessary in order to prevent the forcible breaking and entering of the dwelling-house, either by night or day, by any person whom he believes, on reasonable grounds, to be attempting to break and enter the dwelling-house with intent to commit any indictable offence therein.

Provisions of law relating to provocation

Provocation

254 (1) "provocation", in relation to an offence of which an assault is an element, means, except as hereinafter provided, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial, or fraternal, relation, or in the relation of master or servant, to deprive him of the power of self-control, and to induce him to assault the person by whom the act or insult is done or offered.

(2) When such an act or insult is done or offered by one person to another, or in the presence of another to a person who is under the immediate care of that other, or to whom the latter stands in any such relation as aforesaid, the former is said to give to the latter provocation for an assault.

(3) A lawful act is not provocation to any person for an assault.

(4) An act which a person does in consequence of incitement given by another person in order to induce him to do the act, and thereby to furnish an excuse for committing an assault, is not provoca tion to that other person for an assault.

(5) An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality.

Defence of provocation

255 (1) A person is not criminally responsible for an assault com mitted upon a person who gives him provocation for the assault, if he is in fact deprived by the provocation of the power of self control, and acts upon it on the sudden and before there is time for his passion to cool:

Provided that the force used is not disproportionate to the provo cation, and is not intended, and is not such as is likely, to cause death or grievous bodily harm.

(2) For the purposes of this section the following questions are declared to be questions of fact, that is say,�

(a) whether any particular act or insult is such as is likely to deprive an ordinary person of the power of self control and to induce him to assault the person by whom the act or insult is done or offered; and

(b) whether, in any particular case,�

(i) the person provoked was actually deprived by the provocation of the power of self control; and

(ii) the force used was or was not disproportionate to the provocation; and

(iii) the force used was or was not intended, or was such as to be likely, to cause death or grievous bodily harm; and

(iv) the person provoked acted upon the provocation on the sudden and before there was time for his passion to cool.

Prevention of repetition of insult

256 It is lawful for any person to use such force as is reasonably nec essary to prevent the repetition of an act or insult of such a nature as to be provocation to him for an assault, if the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm.

Provisions of law relating to self-defence

Self-defence against unprovoked assault

257 (1) When a person is unlawfully assaulted, and has not pro voked the assault, it is lawful for him to use such force to the assailant as is reasonably necessary to make effectual defence against the assault, if the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm.

(2) If the nature of the assault is such as to cause reasonable apprehension of death or grievous bodily harm, and the person using force by way of defence believes, on reasonable grounds, that he cannot otherwise preserve the person defended from death or grievous bodily harm, it is lawful for him to use any such force to the assailant as is necessary for defence, even though such force may cause death or grievous bodily harm.

Self-defence against provoked assault

258 When a person has unlawfully assaulted another or has pro voked an assault from another, and that other assaults him with such violence as to cause reasonable apprehension of death or grievous bodily harm, and to induce him to believe, on reasonable grounds, that it is necessary for his preservation from death or grievous bodily harm to use force in self-defence, he is not criminally responsible for using any such force as is reasonably necessary for such preservation, although such force may cause death or grievous bodily harm:

Provided that the foregoing provisions of this section shall not have effect so as to excuse or justify�

(a) the use by any person of force which causes death or grievous bodily harm where such person first began the assault with intent to kill or to do grievous bodily harm to some other person; or

(b) the use by any person of force which causes death or grievous bodily harm where such person endeavoured to kill or cause grievous bodily harm to some other person before the necessity of so preserving himself arose; or

(c) the use by any person of force which causes death or grievous bodily harm where such person has not before the necessity to use such force arose declined and quit ted conflict or retreated from conflict as far as was prac ticable.

Aiding in self-defence

259 Where it is lawful for any person to use force in any degree for the purpose of defending himself against an assault, it is lawful for any other person acting in good faith in his aid to use a like degree of force for the purpose of defending such first mentioned person.

Defence of property

Defence of movable property against trespasser

260 It is lawful for any person who is in peaceable possession of any moveable property, and for any person acting by his authority, to use such force as is reasonably necessary in order to resist the taking of such property by a trespasser, or in order to retake it from a trespasser:

Provided that the foregoing provisions of this section shall not extend so as to authorize or justify the doing of any bodily harm to a trespasser.

Defence of moveable property under claim of right

261 When a person is in peaceable possession of any moveable prop erty under a claim of right, it is lawful for him, and for any person acting by his authority, to use such force as is reasonably necessary in order to defend his possession of the property, even against a person who is enti tled by law to possession of the property, if he does not do bodily harm to such other person.

Defence of moveable property without claim of right

262 When a person who is entitled by law to the possession of move able property attempts to take from a person who is in possession of the property, but who neither claims right to it, nor acts by the authority of a person who claims right, and the person in possession resists him, it is lawful for the person so entitled to possession to use force in order to obtain possession of the property, if he does not do bodily harm to the person in possession.

Defence of premises against trespassers; removal of disorderly per sons

263 (1) It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place, and for any person acting by his authority, to use such force as is reasonably necessary in order to prevent any person from wrongfully entering upon such land, structure, vessel, or place, or in order to remove therefrom a person who wrongfully remains therein, if he does not do bodily harm to such per son,

(2) It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place, and for any person acting by his authority, to use force in order to remove therefrom any person who conducts himself in a disorderly manner therein, if he does not do him bodily harm.

(3) In this section "place" includes any part of an enclosure or structure, whether separated from the rest of the enclosure or structure by a partition, fence, rope, or any other means, or not.

Defence of possession of real property or vessel under claim of right

264 When a person is in peaceable possession of any land, structure, or vessel, under a claim of right, it is lawful for him, and for any person acting by his authority, to use such force as is reasonably necessary in order to defend his possession, even against a person who is entitled by law to the possession of the property:

Provided that the foregoing provisions of this section shall not have effect so as to authorize or justify the doing of bodily harm.

Exercise of right of way or easement

265 When a person who is lawfully entitled to enter upon land for the exercise of a right of way or other easement or profit enters upon the land for the purpose of exercising such right of way, easement, or profit, after notice that his right to use such way, or easement, or to take such profit, is disputed by the person in possession of the land, or having en tered persists in his entry after such notice, it is lawful for the person in possession, and for any person acting by his authority, to use such force as is reasonably necessary for the purpose of making the person so en tering desist from the entry, if he does not do him bodily harm.

Maintenance of discipline

Domestic and school discipline

266 It is lawful for a parent, or a person in the place of a parent, or for a school-master or master, to use, by way of correction towards a child, pupil, or apprentice, under his care, such force as is reasonable under the circumstances.

Discipline of ship

267 It is lawful for the master or other person in command of a vessel on a voyage to use such force as he believes, on reasonable grounds, to be necessary, and as is reasonable under the circumstances, for the purpose of maintaining discipline on board the vessel.

Surgical operations

268 A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother's life, if the performance of the operation is reasonable having regard to the patient's state at the time and to all the circumstances of the case.

Criminal responsibility for use of force

Use of excessive force

269 Any person authorized by law to use force is criminally responsi ble for any excess, according to the nature and quality of the act which constitutes the excess.

Consent to death immaterial

270 Consent by a person to the causing of his own death does not affect the criminal responsibility of any person by whom such death is caused.

Duty to provide necessaries

271 It is the duty of every person having charge of another person who is unable, by reason of age, sickness, unsoundness of mind, deten-
tion, or any other cause, to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or un lawful, of the person who has such charge, to provide for that other person the necessaries of life; and he is deemed to have caused any conse quences which result to the life or health of the other person by reason of any omission to perform that duty.

Duty of head of family to provide necessaries for children

272 It is the duty of every person who, as head of a family, has charge of a child under the age of fourteen years, being a member of his household, to provide the necessaries of life for such child; and he or she is deemed to have caused any consequences which result to the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not.

Duty of masters to provide food for servants

273 It is the duty of every person who as a master or mistress has contracted to provide necessary food, clothing, or lodging, for any servant or apprentice under the age of sixteen years, to provide such food, clothing or lodging; and he or she is deemed to have caused any conse quences which result to the life or health of the servant or apprentice, by reason of any omission to perform that duty,

Duty to take care in respect of dangerous acts

Duty of persons undertaking medical treatment and doing dan gerous acts

274 It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other per son, or to do any other lawful act which is or maybe dangerous to human life or health, to have reasonable skill and to use reasonable care in do ing such act; and he is deemed to have caused any consequences which result to the life or health of any person by reason of any omission to ob serve or perform that duty.

Duty of persons in charge of dangerous things

275 It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety, or health, of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger; and he is deemed to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.

Duty to do certain acts where omission dangerous

276 When a person undertakes to do any act the omission to do which is or may be dangerous to human life or health, it is his duty to do that act; and he is deemed to have caused any consequences which re sult to the life or health of any person by reason of any omission to per form that duty.

Causing death by reckless or dangerous driving of a powercraft

276A (1) Any person who causes the death of another person by the driving of a powercraft within the territorial waters of Bermuda‑

(a) in a reckless manner; or

(b) in a manner dangerous to other users of such waters,

is guilty of an offence and is liable upon conviction on indictment to im prisonment for two years.

(2) Upon the trial of a person who is indicted for manslaughter in connection with the driving of a powercraft by him, it shall be lawful for the jury if they are satisfied that such person though not guilty of manslaughter is guilty of an offence under this section, to find him guilty of that offence; and the Court may impose a sentence or make an order under this Part in respect of an offence under this section.

Causing injury or damage by powercraft

276B (1) Any person who causes injury to another, or damages prop erty of another by the driving of a powercraft within the territorial waters of Bermuda‑

(a) in a reckless manner; or

(b) in a manner dangerous to other users of such waters,

is guilty of an offence and is liable on conviction on indictment to impris onment for eighteen months.

(2) For purposes of this section and section 276A "powercraft" means any type of craft being propelled by any form of machinery whether or not such machinery is the principal method of propulsion.

PART XVI

HOMICIDE, SUICIDE AND OFFENCES RELATING TO CHILDBIRTH

General provisions relating to homicide

Killing of a human being unlawful

277 It is unlawful to kill any person unless such killing is authorized or justified or excused by law.

Time at which child becomes a person capable of being killed

278 A child becomes a person capable of being killed when it has wholly proceeded in a living state from the body of its mother, and is breathing through its own lungs, and has an independent circulation, whether the navel string is severed or not.

Definition of killing

279 Except as hereinafter provided, any person who causes the death of another person, directly or indirectly, by any means whatsoever is deemed to have killed that other person.

Death by act etc done at childbirth

280 When a child dies in consequence of an act done or omission made by any person before or during its birth, the person who did such act or made such omission is deemed to have killed the child.

Causing death by threats

281 A person who, by threats or intimidation of any kind, or by de ceit, causes another person to do an act or make an omission which re sults in the death of that other person, is deemed to have killed that other person.

Acceleration of death

282 A person who does any act or makes any omission which has tens the death of another person who, when the act is done or the omis sion is made, is labouring under some disorder, injury or disease arising from another cause, is deemed to have killed that other person.

Immaterial that injury might have been avoided

283 When a person causes a bodily injury to another person from which death results, it is immaterial that the injury might have been avoided by proper precaution on the part of the person injured, or that his death from that injury might have been prevented by proper care or treatment.

Injury causing death in consequence of subsequent treatment

284 When a person does grievous bodily harm to another person, and such other person has recourse to surgical or medical treatment, and death results either from the injury or the treatment, he is deemed to have killed that other person, although the immediate cause of death was the surgical or medical treatment, if the treatment was reasonably proper under the circumstances, and was applied in good faith.

Limitation as to time of death

285 (1) A person is not deemed to have killed another person if the death of that other person does not take place within a year and a day of the doing of the act or the making of the omission which act or omission caused the death.

(2) Such period is reckoned inclusive of the day on which the last unlawful act contributing to the cause of death was done.

(3) When the cause of death is an omission to observe or per form a duty, the period is reckoned inclusive of the day on which the omission ceased.

(4) When the cause of death is in part an unlawful act, and in part an omission to observe or perform a duty, the period is reckoned in clusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later.

Offences constituted by homicide

Offences constituted by unlawful homicide

286 Any person who unlawfully kills another person is guilty of a felony which is called premeditated murder, murder or manslaughter or infanticide according to the circumstances of the case.

Premeditated murder

286A (1) Any person who with premeditation unlawfully kills another person is guilty of the felony of premeditated murder.

(2) Any person who is convicted of premeditated murder shall be sentenced to death.

Premeditation

286B Premeditation is established by evidence proving, whether ex pressly or by implication, an intention to cause the death of any person, whether such person is the person actually killed or not, deliberately formed before the act causing the death is committed or the omission causing the death is made, and existing at the time of the commission of that act or the making of that omission.

Murder

Constitution of offence of murder

287 (1) Except as hereinafter provided, a person who unlawfully kills another person under any of the following circumstances is guilty of murder, that is to say,�

(a) if the offender intends to cause the death of the person killed, or that of some other person;

(b) if the offender intends to do to the person killed or to some other person some grievous bodily harm;

(c) if the offender causes death by means of an act done or omission made in the prosecution of an unlawful pur pose, which act or omission is of such a nature as to be likely to endanger human life;

(d) if the offender intends to do grievous bodily harm to some person for the purpose of facilitating the commis sion of an offence which is such that the offender may be arrested without warrant, or for the purpose of facilitat ing the flight of an offender who has committed or at tempted to commit any such offence;

(e) if the offender causes death by administering any stu pefying or overpowering thing for either of the purposes last aforesaid; or

(f) if the offender causes death by wilfully stopping the breath of any person for either of such purposes.

(2) In the circumstances set out in paragraph (b) of subsection (1) it is immaterial that the offender did not intend to hurt the particular person who is killed.

(3) In the circumstances set out in paragraph (c) of subsection (1) it is immaterial that the offender did not intend to hurt any person.

(4) In the circumstances set out in paragraphs (d), (e) and (f) of subsection (1) it is immaterial that the offender did not intend to cause death or did not know that death was likely to result.

Punishment of murder; alternative verdict

288 (1) Any person who commits the offence of murder shall be sentenced to imprisonment for life:

Provided that where any person is sentenced under this section, such person shall, before any application for his release on licence may be entertained or granted by the Minister responsible for treatment of offenders, serve at least fifteen years of the term of his imprisonment.

(2) Where any person is charged upon indictment with the of fence of premeditated murder, he may be convicted of murder or manslaughter, and where a person is so charged with the offence of murder, he may be convicted of manslaughter, if any such offence is es tablished by the evidence, but not, except as herein provided, of any of fence other than that with which he is charged; and a person convicted under this subsection is liable to the same punishment as if he had been convicted on an indictment charging him with the offence of which he is actually convicted.

(3) Upon an indictment charging a person with the premedi tated murder or murder of any other person, if upon the evidence it ap pears that the person alleged to have been killed was a child of which a woman or girl was recently delivered, the accused person�

(a) may be convicted of the offence of preventing such child from being born alive by an act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child; or

(b) may be convicted of the offence of endeavouring by a se cret disposition of the dead body of such child to conceal its birth,

if either of those offences is established by the evidence; and a person convicted under any of the foregoing provisions of this subsection is li able to the same punishment as if he had been convicted on an indict ment charging him with the offence of which he is actually convicted.

(4) For the purposes of subsection (3) a woman or girl shall be deemed to have been recently delivered of a child if she had been deliv ered of the child within twelve months before its death.

Attempted murder

289 Any person�

(a) who attempts unlawfully to cause the death of another person; or

(b) who, with intent unlawfully to cause the death of an other person, does any act or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life,

is guilty of a felony, and is liable to imprisonment for twenty years; and, if the offender is a person undergoing a term of imprisonment or of pre ventive detention in a prison, or is undergoing a period of corrective training in the senior training school, then he is also liable to whipping.

Threatening to murder

290 Any person who, knowing the contents thereof, directly or indi rectly causes any person to receive any writing threatening to kill any person, is guilty of a felony, and is liable to imprisonment for seven years.

Conspiracy to murder

291 Any person who conspires with any other person to kill any per son, whether such person is in Bermuda or elsewhere, is guilty of a felony, and is liable to imprisonment for life.

Becoming accessory after the fact to murder

292 Any person who becomes an accessory after the fact to murder is guilty of a felony, and is liable to imprisonment for seven years.

Manslaughter

Constitution of offence of manslaughter

293 A person who unlawfully kills another person under such cir cumstances as not to constitute murder is guilty of manslaughter.

Manslaughter by negligence

294 Notwithstanding anything in section 293 or in those provisions of Part XV which impose duties relating to the preservation of human life, and without prejudice to anything in section 287 or in section 299 (which relate, respectively, to murder and infanticide), where a person is by operation of law deemed to have unlawfully caused the death of an other person by reason only of doing an act or of making an omission, (being an act or omission which constitutes a failure to observe or per form a duty imposed upon him by the said provisions of Part XV) that person shall not be guilty of the offence of manslaugh ter unless the breach of duty involved in the act or omission whereby the death of that person was caused was such as to involve gross negligence or a reckless disregard of the life, safety or health of other persons.

Killing on provocation

295 Subject as hereinafter provided, when a person who unlawfully kills another person under circumstances which, but for the this section, would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation and before there is time for his passion to cool, he is guilty of manslaughter only:

Provided that the foregoing provisions of this section shall have no effect so as to reduce an unlawful killing to manslaughter where the force used or the mode of retaliation is not reasonably proportionate to the provocation given.

Killing by use of excessive force where some force is lawful

296 An unlawful killing by a person of another person is manslaughter and not murder if the offender while in the exercise in good faith of any right to use force against another person uses more force than that allowed to him by law in relation to the exercise of that right and causes the death of the person against whom the force is used without premeditation and without any intention of doing more bodily harm than he honestly believes is necessary for the purpose of exercis ing that right.

Suicide pacts

297 (1) It is manslaughter and not murder for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the killing himself or being killed by a third person.

(2) Where it is shown that a person charged with the murder of another killed the other or was a party to his killing himself or being killed, it shall be for the defence to prove that the person charged was acting in pursuance of a suicide pact between him and the other.

(3) For the purpose of this section "suicide pact" means a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated
as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.

Defence of diminished responsibility

297A (1) Where a person unlawfully kills or is a party to that killing of another, he shall not be convicted of premeditated murder or of mur der if he was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any in herent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing.

(2) On a charge of premeditated murder or murder, it shall be for the defence to prove that the person charged is by virtue of this sec tion not liable to be convicted of that offence.

(3) A person who but for this section would be liable, whether as principal or as accessory, to be convicted of premeditated murder or murder shall be liable instead to be convicted of manslaughter.

(4) The fact that one party to a killing is by virtue of this sec tion not liable to be convicted of premeditated murder or murder shall not affect the question whether the killing amounted to either of those offences in the case of any other party to it.

Punishment of manslaughter: alternative convictions of other of fences

298 (1) Any person who commits the offence of manslaughter is li able to imprisonment for life.

(2) Upon an indictment charging a person with unlawfully killing any other person, if upon the evidence it appears that the person alleged to have been killed was a child of which a woman or girl had been recently delivered, the accused person�

(b) may be convicted of the offence of endeavouring by a se cret disposition of the dead body of such child to conceal its birth,

(3) For the purposes of subsection (2) a woman or girl shall be deemed to have been recently delivered of a child if she had been deliv ered of the child within twelve months before its death.

Infanticide

Infanticide; alternative convictions of other offences

299 (1) Where a woman or girl by any wilful act or omission causes the death of her child (being a child under the age of twelve months) but at the time of the act or omission the balance of her mind was dis turbed�

(a) by reason of her not having fully recovered from the ef fect of giving birth to the child; or

(b) by reason of the effect of lactation consequent upon the birth of the child,

then, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, she shall be guilty of a felony called infanticide, and may for such offence be dealt with and punished as if she had been guilty of the manslaughter of the child.

(2) Where upon the trial of a woman or girl for the murder of her child (being a child under the age of twelve months) the jury are of opinion that she by any wilful act or omission caused the death of the child, but that at the time of the act or omission the balance of her mind was disturbed�

(a) by reason of her not having fully recovered from the ef fect of giving birth to the child; or

(b) by reason of the effect of lactation consequent upon the birth of the child,

then the jury may, notwithstanding that the circumstances were such that but for this section they might have returned a verdict of murder, return in lieu thereof a verdict of infanticide.

(3) Nothing in this section shall have effect so as to affect the powers of the jury upon indictment for the murder of a child�

(a) to return a verdict of manslaughter; or

(b) to return a verdict of acquittal on the ground of insanity; or

(4) The provisions of section 288(2) shall apply in the case of a woman or girl charged upon an indictment for infanticide as those provi sions apply in the case of a woman or girl charged upon an indictment for murder.

Offences relating to suicide

Aiding suicide of another

300 Any person�

(a) who procures another person to kill himself; or

(b) who counsels another person to kill himself and thereby induces him to do so; or

is guilty of a felony, and is liable to imprisonment for ten years.

Child destruction

301 Any person who, when a woman or girl is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a felony, and is liable to imprisonment for ten years.

Concealment of birth

Concealment of birth of child

302 Any person who, when a woman or girl is delivered of a child, endeavours, by any secret disposition of the dead body of a child, to con ceal the birth, whether the child died before, at, or after, its birth, is guilty of a misdemeanour, and is liable on conviction by a court of sum mary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

PART XVII

OFFENCES ENDANGERING LIFE AND HEALTH: ASSAULTS

Assaults endangering life or health

Disabling in order to commit indictable offence

303 Any person who, by any means calculated to choke, suffocate, or strangle, or to cause grievous bodily harm, and with intent to commit or to facilitate the commission of an indictable offence, or to facilitate the flight of an offender after the commission or attempted commission of an indictable offence, renders or attempts to render any person incapable of resistance, is guilty of a felony, and is liable to imprisonment for ten years.

Stupefying in order to commit an indictable offence

304 Any person who, with intent to commit or to facilitate the com mission of an indictable offence, or to facilitate the flight of an offender after the commission or attempted commission of an indictable offence, administers, or attempts to administer, any stupefying or overpowering drug or thing to any person, is guilty of a felony, and is liable to impris onment for ten years.

Wounding etc with intent to do grievous bodily harm etc

305 Any person who, with intent to burn, maim, disfigure, or disable any person, or to do some grievous bodily harm to any person, or to re sist or prevent the lawful arrest or detention of any person�

(a) unlawfully wounds or does any grievous bodily harm to any person by any means whatsoever; or

(b) unlawfully attempts in any manner to strike any person with any kind of projectile; or

(d) sends or delivers any explosive substance or other dan gerous or noxious thing to any person; or

(e) causes any explosive substance or other dangerous or noxious thing to be taken or received by any person; or

(f) puts any corrosive fluid or any destructive or explosive
substance in any place; or

(g) unlawfully casts or throws any such fluid or substance at or upon any person, or otherwise applies any such fluid or substance to the person of any person; or

(h) unlawfully shoots at any person with a loaded firearm, or attempts to discharge a loaded firearm at any person,

is guilty of a felony, and is liable to imprisonment for ten years.

Doing grievous bodily harm etc

306 Any person�

(a) who unlawfully does grievous bodily harm to another person; or

(b) who unlawfully wounds another person; or

(c) who unlawfully, and with intent to injure or annoy any person, administers to, or causes any poison or other noxious thing to be administered to, or taken by, any person,

is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on convic tion on indictment to imprisonment for five years.

Preventing escape from shipwreck

307 Any person�

(a) who unlawfully prevents or obstructs any person who is on board of or escaping from a vessel which is in dis tress, or wrecked or cast ashore, in his endeavours to save his life; or

(b) who unlawfully obstructs any person in his endeavour to save the life of any person so situated,

is guilty of a felony, and is liable to imprisonment for fifteen years.

Administering poison with intent to harm

308 Any person who unlawfully, and with intent to injure or annoy another person, administers to, or causes any poison or other noxious thing to be administered to, or taken by, any person, and thereby endan gers his life, or does him some grievous bodily harm, is guilty of a felony, and is liable to imprisonment for ten years,

Serious assaults

Assault occasioning bodily harm

309 Any person who unlawfully assaults another person and thereby does him bodily harm, is guilty of a misdemeanour, and is liable on con viction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

Assault on police officer, customs officer etc

310 Any person who assaults a police officer, customs officer or prison officer with the intention of doing bodily harm to or wounding or who does bodily harm to or who wounds such officer, while such officer is acting in the execution of his duty, or any person acting in aid of such officer while so acting, is guilty of a misdemeanour, and is liable on con viction by a court of summary jurisdiction to a fine of $1,250 or to im prisonment for twelve months or to both such fine and imprisonment, or on conviction on indictment to imprisonment for five years, with or with out whipping.

Serious assaults

311 Any person�

(a) who assaults another person with intent to commit a felony, or with intent to resist or prevent the lawful ar rest or detention of himself or of any other person; or

(b) who unlawfully assaults, resists, or obstructs any per son engaged in the lawful execution of any process against any property or persons, or in making a lawful distress, while so engaged; or

(c) who assaults, resists, or obstructs, any person engaged in such lawful execution of process, or in making a law ful distress with intent to rescue any property lawfully taken under such process or distress; or

(d) who assaults any person on account of any act done by him in the execution of any duty imposed on him by law; or

(e) who assaults any person in pursuance of any unlawful conspiracy respecting any manufacture, trade, business, or occupation, or respecting any person or
persons con cerned or employed in any manufacture, trade, busi ness, or occupation, or the wages of any such person or persons,

is guilty of a misdemeanour and is liable on conviction on indictment to imprisonment for three years or on conviction by a court of summary ju risdiction to imprisonment for twelve months or to a fine of $1,250 or to both such imprisonment and fine.

Assault on person protecting wreck etc

312 Any person who unlawfully assaults and uses actual violence to a Justice of the Peace, a police officer, or any other person, while acting in the execution of his duty in or concerning the preservation of a vessel in distress, or of any vessel or goods wrecked, or stranded or lying under water, is guilty of a felony, and is liable on conviction on indictment to imprisonment for three years or on conviction by a court of summary ju risdiction to imprisonment for six months or to a fine of $1,250 or to both such imprisonment and fine.

Assault in interference with freedom of trade or work

313 Any person who assaults another person with intent to hinder or prevent him from working at or exercising his lawful trade, business or occupation, or from buying, selling; or otherwise dealing with any prop erty intended for sale, is guilty of a summary offence, and is liable to im prisonment for six months or to a fine of $600.

Common assault

314 (1) Any person who unlawfully assaults another person is guilty of an offence, and is liable, if no greater punishment is provided, on conviction by a court of summary jurisdiction, to imprisonment for twelve months.

(2) Without prejudice to anything in the foregoing provisions of this Act, the court of summary jurisdiction by which a person is con victed under this section may require the offender, in addition to any other punishment, to enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for any term not exceeding six months from the date of the conviction or of the expiration of the sentence, whichever is the later date; and if an offender directed to enter into a recognizance as aforesaid fails duly to do so, the court of summary jurisdiction may order him to be imprisoned for two months, in addition to any other punishment to which he had been sentenced.

(3) The foregoing provisions of this section shall apply to cases of assaults committed on the high seas, or in places out of Bermuda, on board of ships registered in, or belonging to, Bermuda.

Carrying offensive weapons

Prohibition of the carrying of offensive weapons without lawful au thority or reasonable excuse

315 (1) Any person who without lawful authority or reasonable ex cuse, the proof whereof shall lie upon him, has in his possession in any public place any offensive weapon shall be guilty of a misdemeanour, and shall be liable�

(a) on summary conviction, to imprisonment for twelve months or to a fine not exceeding $600 or to both such imprisonment and fine;

(b) on conviction on indictment, to imprisonment for two years or to a fine not exceeding $1,250 or to both such imprisonment and fine.

(2) Where any person is convicted of an offence under subsec tion (1), the Court may order the forfeiture of destruction or any weapon in respect of which the offence was committed.

(3) A police officer may search and arrest without warrant any person whom he has reasonable cause to believe to be committing an offence under subsection (1).

(4) In this section "public place" includes any highway or estate road and any other premises or place to which at the material time the public have or are permitted to have access, whether on a payment or otherwise; and "offensive weapon" means any article made or adapted for use for causing injury to the person or intended for such use by the per son having it in his possession.

Prohibited weapons

Order by Governor declaring prohibited weapons.

315A (1) In this section and section 315B "prohibited weapon" means any offensive weapon declared by the Governor to be a prohibited weapon.

(2) The Governor may by order declare any offensive weapon to be a prohibited weapon and such order shall be subject to the negative resolution procedure.

or racing, or other wilful misconduct, or by wilful neglect, any bodily harm to any person, is guilty of a summary offence, and is liable to im prisonment for six months.

Offences affecting liberty

Deprivation of liberty

321 Any person who unlawfully confines or detains another person in any place against his will, or otherwise unlawfully deprives another per son of his personal liberty, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for seven years.

Intimidation

322 Any person who�

(a) by written or spoken word or conduct, threatens another with any injury to his person, reputation or property, or to the person, reputation or property of anyone in whom that person is interested, with, intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which he is legally entitled to do, or to prevent that per son from carrying out any duties or work essential to the maintenance of public security, public tranquility, or public order or to the maintenance of essential services, as a means of avoiding the execution of such threat; or

(b) in the like manner and with the like intention threatens persons generally or any category or description of per sons,

is guilty of a summary offence and is liable to imprisonment for twelve months.

PART XVIII

SEXUAL ASSAULTS

Sexual assault

323 A person who commits a sexual assault is guilty of a felony and is liable�

(a) on conviction on indictment to imprisonment for twenty years;

(b) on summary conviction to imprisonment for five years.

[Section 323 replaced by 1993 : 2 effective 1 June 1993]

Sexual assault by person with AIDS, etc

324 (1) It is a sexual assault if a person�

(a) knowing that he has a sexual disease, does a sexual act which�

(i) involves contact between any part of his body and any part of the body of another person (whether or not that other person is his spouse or consents to the act); and

(ii) is capable of resulting in the transfer of body fluids to that other person; and

(b) before he does the act does not inform that other person that he has the disease, either identifying the disease or making clear to that other person that he has a disease to which section 324 of the Criminal Code applies.

(2) "Sexual disease" in subsection (1) of this section and in subsection (2) of section 325 means Acquired Immune Deficiency Syndrome or hepatitis B or Human Immunodeficiency Virus (HIV) infection.

(3) This section is without prejudice to the existence of other kinds of sexual assault.

[Section 324 replaced by 1993 : 2 effective 1 June 1993]

Serious sexual assault

325 (1) A person commits a serious sexual assault, if, in committing a sexual assault, he�

(a) carries, uses, or threatens to use, a weapon or an imitation of a weapon; or

(b) causes bodily harm to the complainant; or

(d) is a party to the offence with another person.

(2) A person also commits a serious sexual assault if, knowing
that he has a sexual disease, he commits a sexual assault under section 324.

(3) A person who commits a serious sexual assault is guilty of a felony and is liable on conviction on indictment to imprisonment for thirty years.

[Section 325 replaced by 1993 : 2 effective 1 June 1993]

Aggravated sexual assault

326 (1) A person commits an aggravated sexual assault if, in committing a sexual assault on another person, he wounds, maims or disfigures that other person or endangers his life.

(2) A person who commits an aggravated sexual assault is guilty of a felony and is liable on conviction on indictment to imprisonment for life.

[Section 326 replaced by 1993 : 2 effective 1 June 1993]

Corroboration not required

327 The rules requiring corroboration in sexual offences are abrogated and, accordingly, where an accused is charged with a sexual offence�

(a) corroboration is not required for a conviction; and

(b) the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

[Section 327 replaced by 1993 : 2 effective 1 June 1993]

Rules about recent complaint abrogated

328 The rules relating to evidence of recent complaint are abrogated with respect to sexual offences.

[Section 328 replaced by 1993 : 2 effective 1 June 1993]

Evidence of complainant's sexual activity

329 (1) If at a trial a person is for the time being charged with a sexual offence, no evidence shall be adduced, and no question in cross-examination shall be asked, at the trial about any sexual activity of the complainant, other than the sexual activity that forms the subject-matter of the charge, whether with the accused or with any other person or with any animal or thing, unless the judge gives leave therefor on the grounds that the evidence or question�

(a) relates to specific instances of sexual activity; and

(b) is relevant to an issue in the case; and

(c) has significant probative value or relevance that is not substantially outweighed by the danger of prejudice to the proper administration of justice.

(2) Where before a special court or at a preliminary inquiry any person is for the time being charged with a sexual offence, no evidence shall be adduced or any question asked about any sexual activity of the complainant, other than the sexual activity that forms the subject-matter of the charge, whether with the accused or with any other person or with any animal or thing, unless the chairman or the magistrate gives leave therefor on the grounds specified in paragraphs (a) to (c) of subsection (1).

(3) A judge shall not give leave under subsection (1), and a chairman or magistrate shall not give leave under subsection (2), except on a special application made to him, and shall, in deciding whether or not to give such leave, take into account�

(a) the interests of justice, including the right of the accused to make a full answer and defence; and

(b) where the evidence or question is to be considered by a jury, the risk that the evidence or question may unduly arouse sentiments of prejudice, sym pathy or hostility in the jury; and

(c) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and

(d) the need to remove from the fact-finding process any discriminatory belief or bias; and

(e) the potential prejudice to the complainant's personal dignity and right of privacy; and

(f) whether there is a reasonable prospect that the evidence or question will assist in arriving at a just determination in the case; and

(g) society's interest in encouraging the reporting of sexual offences; and

(h) any other factor that the judge or the chairman or the magistrate considers relevant.

(4) An application referred to in subsection (3) is an
application for a hearing, and must be made in writing and set out�

(a) detailed particulars of the evidence that the accused seeks to adduce or of the question or questions that he seeks to ask; and

(b) the relevance of that evidence or that question or those questions to an issue in the case;

and a copy of the application must be delivered to the pro se cutor and to the clerk of the court not less than two clear days before the hearing of the application.

(5) At the hearing of such an application�

(a) the jury, where a jury are involved, and the public, shall be excluded; and

(b) the complainant is not a compellable witness.

[Section 329 replaced by 1993 : 2 effective 1 June 1993]

Reputation evidence

329A In proceedings in respect of a sexual offence, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.

[Section 329A added by 1993 : 2 effective 1 June 1993]

Spouse may be charged

329B A husband or wife may be charged with, and convicted of, an offence under section 323 or 324 or 325 or 326 in respect of his or her spouse, whether or not the spouses were living together at the time the activity that forms the subject-matter of the charge occurred.

[Section 329B added by 1993 : 2 effective 1 June 1993]

Restrictions on publicity in relation to trial of sexual offences

329C (1) After a person has been arrested and charged with a sexual offence, no matter likely to lead members of the public to identify a person as the complainant in relation to that charge shall be published in a written publication available to the public, or be broadcast, except as authorized by a direction given under this section.

(2) If, before the commencement of a trial at which a person is charged with a sexual offence, he or another person against whom the complainant may be expected to give evidence at the trial applies to a judge for a direction under this subsection and satisfies the judge�

(a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial; and

(b) that the conduct of the applicant's defence or case at the trial is likely to be substantially prejudiced if the direction is not given,

the judge shall direct that subsection (1) shall not, by virtue of the accusation alleging the sexual offence in question, apply in relation to the complainant.

(3) If at a trial at which a person is charged with a sexual offence the judge is satisfied�

(a) that the effect of subsection (1) is to impose a substantial and unreasonable restriction upon the reporting of proceedings at the trial; and

(b) that it is in the public interest that the restriction should be removed or relaxed,

he shall direct that subsection (1) shall not apply to such matter relating to the complainant as is specified in the direction; but a direction shall not be given under this subsection by reason only of an acquittal of an accused at the trial.

(4) If a person who has been convicted of a sexual offence and has given notice of appeal to the Court of Appeal against the conviction, or notice of an application for leave so to appeal, applies to the Court of Appeal for a direction under this subsection and satisfies that Court�

(a) that the direction is required for the purpose of obtaining evidence in support of the appeal; and

(b) that he is likely to suffer substantial injustice if the direction is not given,

that Court shall direct that subsection (1) shall not, by virtue of an accusation which alleges a sexual offence and is specified in the direction, apply in relation to a complainant so specified.

(5) If any matter is published or broadcast in contravention of subsection (1) or (6), each of the following persons, namely�

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) in the case of any other publication, the person who publishes the publication;

(c) in the case of a broadcast, any body corporate which transmits or provides the programme in which the broadcast is made, and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

is guilty of a summary offence, and is liable on conviction to a fine of $5,000.

(6) After a person has been charged with a sexual offence, no matter likely to lead members of the public to identify him as the person against whom the accusation has been made shall be published in a written publication available to the public, or be broadcast, unless and until he has been convicted or a direction allowing publication or broadcasting has been made under subsection (7) or (8).

(7) If at a preliminary inquiry, or before a trial, or during a trial, at which a person is charged with a sexual offence an accused person applies to the magistrate, a judge or the trial judge for a direction that subsection (6) shall not apply in relation to him, the magistrate or judge shall so direct unless he is satisfied that such a direction will prejudice another accused.

(8) If at the trial of a person charged with a sexual offence the judge is satisfied that the effect of subsection (6) is to impose a substantial and unreasonable restriction upon the reporting of the proceedings and that it is in the public interest that the restriction should be removed, he shall direct that subsection (6) shall not apply in relation to that person.

(9) If after the commencement of a trial at which a person is charged with a sexual offence a new trial is ordered, any direction under this section shall not have effect in respect of the new trial; and if such a direction is wished a fresh application shall be made.

(10) For the purposes of this section and sections 327, 328, 329, 329A and 542A, "sexual offence" means any offence under Part X or this Part, and any attempt to commit such an offence.

(11) Nothing in this section�

(a) prohibits the publication or broad casting, in consequence of an accusation alleging a sexual offence, of matter consisting only of a report of legal proceedings other than proceedings at, or intended to lead to, or on an appeal arising out of, a trial at which the accused is charged with that offence; or

(b) affects any prohibition or restriction imposed by virtue of any other enactment upon a publication or broadcast.

[Section 329C added by 1993 : 2 effective 1 June 1993]

DIVISION IV

OFFENCES RELATING TO PROPERTY AND CONTRACTS

PART XIX

STEALING, EXTORTION, BREAKING BUILDINGS AND COGNATE OF FENCES

General provisions of law relating to stealing

Interpretation of Part XIX

330 In this Part�

(a) "animal" includes any living creature other than mankind;

(b) "special property" includes any charge or lien upon the thing in question, and any right arising from or depen dent upon holding possession of the thing in question, whether by the person entitled to such right or by some other person for his benefit.

Things capable of being stolen

331 (1) Every inanimate thing whatsoever which is the property of any person, and which is moveable, is capable of being stolen.

(2) Every inanimate thing which is the property of any person, and which is capable of being made moveable, is capable of being stolen as soon as it becomes moveable, although it is made moveable in order to steal it.

(3) Every tame animal, whether tame by nature or wild by na ture and tamed, which is the property of any person, is capable of being stolen:

Provided that tame pigeons are not capable of being stolen ex cept while they are in a pigeon-house or on their owners' land.

(4) Animals wild by nature, of any kind which is not ordinarily found in a condition of natural liberty in Bermuda, which are the prop erty of any person, and which are usually kept in a state of confinement,

motor car he may be convicted of taking and driving away the motor car con trary to section 365 if the latter offence is established by the evidence; and a person convicted under the foregoing provisions of this subsection is liable to the same punishment as if he had been convicted on an in dictment charging him with the offence of which he is actually convicted.

Summary trial of certain indictable offences

343 (1) Where a person is charged before a magistrate with any of the following indictable offences, that is to say�

(a) stealing anything of such a kind and under such cir cumstances that the greatest punishment which an of fender convicted of the offence is liable does not exceed the punishment for stealing within the meaning of sec tion 341;

(b) stealing from the person of another person;

(d) stealing a vehicle or vessel as mentioned in paragraph (f) of the proviso to section 341;

(e) [blank]

(f) stealing from a vessel, vehicle or place of deposit as mentioned in paragraph (g) of the proviso to section 341;

(g) stealing from a vessel in distress, or wrecked or stranded, as mentioned in paragraph (h) of the proviso to section 341;

(h) stealing by a clerk or servant of anything which is the property of his employer, or which came into his posses sion on account of his employer;

(i) attempting to commit any of the aforesaid offences; or

(j) counselling or procuring the commission of any of the aforesaid offences,

then in any such case the magistrate, sitting as a court of summary ju risdiction, may deal with the case summarily; and the offender is liable on such summary conviction to a fine of $1,000 or to imprisonment for twelve months.

(2) Notwithstanding anything contained in subsection (1) or in sections 341 and 342, any person who steals anything capable of being stolen the value of which does not exceed $250 shall be guilty of a sum mary offence and shall be liable on summary conviction to a fine of $250 or to imprisonment for six months or to both such fine and imprison ment.

(3) A person may be arrested without a warrant for committing an offence of stealing anything capable of being stolen irrespective of the value of the thing stolen.

Stealing with violence

Constitution of offence of robbery

344 Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or to any property in the presence of any person, in order to obtain or retain the thing stolen or to prevent or overcome re sistance to its being stolen, or retained, is guilty of an offence which is called robbery.

Punishment of offence of robbery

345 (1) Any person who commits the offence of robbery is guilty of a felony, and is liable to imprisonment for ten years, with or without whip ping:

Provided that if the offender is armed with any dangerous or of fensive weapon or instrument, or is in company with one or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, he wounds, beats, strikes, or uses any other per sonal violence to any person, the offender is liable to imprisonment for fourteen years, with or without whipping.

(2) A firearm or imitation firearm shall, notwithstanding that it is not loaded or is otherwise incapable of being used for the purpose for which it is designed or adapted, be deemed for the purposes of this sec tion to be an offensive weapon or instrument.

Punishment of assault with intent to rob

346 (1) Any person who assaults any other person with intent to commit the offence of robbery is guilty of a felony, and is liable to impris onment for five years with or without whipping:

Provided that if the offender is armed with any dangerous or of fensive weapon or instrument, or is in company with one or more other
person or persons, or if at or immediately before or immediately after the time of the assault, he wounds, beats, strikes or uses any other personal violence to any person, the offender is liable to imprisonment for ten years, with or without whipping.

Stealing and putting in fear

Stealing in dwelling-house and putting person in fear

347 Any person who steals anything capable of being stolen in a dwelling-house, and who at, or immediately before or after, the time of stealing by any menace or threat puts any person being therein in bodily fear, is guilty of a felony, and is liable to imprisonment for five years, with or without whipping.

Demanding property with menaces

Demanding property with menaces with intent to steal

348 Any person who, with intent to steal anything, demands it from any person with threats of any injury or detriment of any kind to be caused to him, either by the offender or by any other person, if the de mand is not complied with, is guilty of a felony, and is liable to impris onment for three years, with or without whipping.

Demanding property by written threats

349 Any person who, with intent to extort or gain anything from any person, and knowing the contents of the writing, causes any person to receive a writing demanding anything from any person without reason able or probable cause, and containing threats of any injury or detriment of any kind to be caused to any person, either by the offender or any other person, if the demand is not complied with, is guilty of a felony, and is liable to imprisonment for four years, with or without whipping.

Attempts at extortion by threats

350 (1) Any person who with intent to extort or gain anything from any person�

(a) accuses, or threatens to accuse, any person of commit ting any felony or misdemeanour, or of offering or mak ing any solicitation or threat to any person as an in ducement to commit or permit the commission of any felony or misdemeanour; or

(b) threatens that any person shall be accused by any other person of any felony or misdemeanour, or of any such act; or

(c) knowing the contents of the writing, causes any person to receive any writing containing any such accusation or threatens as aforesaid,

is guilty of a felony.

(2) If the accusation or threat of accusation�

(a) is of an offence for which the punishment of death, im prisonment for four years, or whipping, may be inflicted; or

(b) is of any of the offences defined in Part X (offences against morality), or is of an attempt to commit any of such offences; or

(c) is of any assault with intent to have carnal knowledge of any person against the order of nature, or is of an un lawful and indecent assault upon a male person; or

(d) is of an attempt to commit the offence of rape, or is of an assault with intent to commit the offence of rape, or is of an unlawful and indecent assault upon a woman or girl; or

(e) is of a solicitation or threat offered or made to any per son as an inducement to commit or permit the commis sion of any of the offences aforesaid,

the offender is liable to imprisonment for four years, with or without whipping.

(3) If in fact anything is extorted or gained, the offender is li able to imprisonment for five years, with or without whipping.

(4) In any other case the offender is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years, with or without whipping.

(5) It is immaterial whether the person accused or threatened to be accused has or has not committed the offence or act of which he is accused or threatened to be accused.

Procuring execution of deeds etc by threats

351 Any person who, with intent to defraud, and by means of any unlawful violence to, or restraint of, the person of another, or by means of any threat of violence or restraint to be used to the person of another, or by means of accusing or threatening to accuse any person of commit ting any felony or misdemeanour, or of offering or making any solicita tion or threat to any person as an inducement to commit or permit the commission of any offence, compels or induces any person�

(a) to execute, make, accept, indorse, alter, or destroy; the whole or any part of any valuable security; or

(b) to write, impress, or affix, any name or seal upon or to any paper or parchment, in order that it may be after wards made or converted into or used or dealt with as a valuable security,

is guilty of a felony, and is liable to imprisonment for four years.

Breaking and entering buildings

Meaning of "break", "enter" and "breaking and entering"

352 (1) A person who breaks any part, whether external or internal, of a building, or opens by unlocking, unfastening, pulling, pushing, lift ing, or any other means whatsoever, any door, window, blind, shutter, cellar flap, or other thing, intended to close or cover an opening in a building, or an opening giving passage from one part of a building to an other is said to break the building.

(2) A person is said to enter a building as soon as any part of his body or any part of any instrument used by him is within the build ing.

(3) A person who obtains entrance into a building by means of any threat or artifice used for that purpose or by collusion with any per son in the building, or who enters any chimney or other aperture of the building permanently left open for any necessary purpose, but not in tended to be ordinarily used as a means of entrance, is deemed to have broken and entered the building.

Specified offences for purposes of punishment of certain offences

353 (1) For the purposes of section 354, section 355, section 356 and section 358, the following offences are hereby specified,�

(a) stealing in a dwelling-house and putting any person in fear, contrary to section 347;

(b) robbery, contrary to section 345;

(d) housebreaking or burglary, contrary to section 354;

(e) entering or being in a dwelling-house with intent to commit a felony, contrary to section 355;

(f) breaking a building, contrary to section 356;

(g) breaking a building, contrary to section 357; and

(h) breaking a place of worship, contrary to section 358

(2) For the purposes of section 354, section 355, section 356, section 357 and section 358, any reference to a felony (not being a statement of the character of the offence committed by the person con travening those sections) shall include the stealing of anything capable of being stolen irrespective of the value of such thing.

Housebreaking; burglary

354 (1) Any person�

(a) who breaks and enters the dwelling-house of another person with intent to commit a felony therein; or

(b) who breaks and enters the dwelling-house of another person and commits a felony therein; or

(c) who, having entered the dwelling-house of another per son with intent to commit a felony therein, or having committed a felony in the dwelling-house of another per son, breaks out of the dwelling-house,

is guilty of a felony which is called housebreaking, and is liable on con viction by a court of summary jurisdiction to imprisonment for twelve months, and on conviction on indictment to imprisonment for seven years, and, if he has been previously convicted on indictment of an of fence specified in section 353 is liable to be whipped in addition to such imprisonment.

(2) If the offence constituted by subsection (1) is committed in the night, the offender is guilty of an offence which is called burglary, and is liable on conviction by a court of summary jurisdiction to impris onment for twelve months and on conviction on indictment to imprison ment for ten years, with or without whipping.

Entering etc dwelling-house with intent to commit felony

355 Any person who enters or is in the dwelling-house of another person with intent to commit a felony therein, is guilty of a felony, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for five years and, if he has been previously convicted on indictment of an offence specified in section 353, is liable to be whipped in addition to such imprisonment:

Provided that if the offence is committed in the night, the of fender is liable on conviction by a court of summary jurisdiction to im prisonment for twelve months and on conviction on indictment to im prisonment for a term not exceeding seven years, with or without whip ping.

Breaking buildings etc and committing felony

356 Any person�

(a) who breaks and enters�

(i) a shop, store, office, warehouse, garage, bank, counting-house, factory, workshop, school house, place of public entertainment, clubhouse, eating-house, or tavern; or

(ii) a building used for the custody of goods; or

(iii) a building which is adjacent to a dwelling-house and occupied with it, but which is not part of it; or

(iv) a building belonging to the Government of Bermuda, or to the Government of the United Kingdom, or to any municipal or other public authority; or

(v) a decked vessel,

and commits a felony therein; or

(b) who, having committed a felony�

(i) in a shop, store, office, warehouse, garage, bank, counting-house, factory, workshop, schoolhouse, place of public entertainment, clubhouse, eating-house or tavern; or

(ii) in any such other building as is mentioned in subparagraphs (ii), (iii) and (iv) of the last para graph; or

(iii) in a decked vessel,

breaks out of the building or vessel,

is guilty of a felony and is liable on conviction by a court of summary ju risdiction to imprisonment for twelve months and on conviction on in dictment to imprisonment for seven years and, if he has been previously convicted on indictment of an offence specified in section 353, is liable to be whipped in addition to such imprisonment.

Breaking buildings etc with intent to commit felony

357 Any person who breaks and enters�

(a) a shop, store, office, warehouse, garage, bank, counting-house, factory, workshop, schoolhouse, place of public entertainment, club-house, eatinghouse or bar; or

(b) a building used for the custody of goods; or

(d) a building belonging to the Government of Bermuda or to the Government of the United Kingdom, or to any municipal or other public authority; or

(e) a decked vessel,

with intent to commit a felony therein, is guilty of a felony, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for five years.

Breaking place of worship

358 (1) Any person�

(a) who breaks and enters a building ordinarily used for re-
ligious worship and commits a felony therein; or

(b) who, having committed a felony in a building ordinarily used for religious worship, breaks out of the building,

is guilty of a felony, and is liable on conviction by a court of summary ju risdiction to imprisonment for twelve months and on conviction on in dictment to imprisonment for seven years, and if he has been previously convicted on indictment of an offence specified in section 353, is liable to be whipped in addition to such imprisonment.

(2) Any person who breaks and enters a building ordinarily used for religious worship with intent to commit a felony therein, is guilty of a felony, and is liable on conviction by a court of summary ju risdiction to imprisonment for twelve months and on conviction on in dictment to imprisonment for five years.

Being found armed etc, with intent to break and enter buildings etc

359 (1) Any person who is found under any of the following circum stances�

(a) being armed with any dangerous or offensive weapon or instrument, and being so armed with intent to break or enter a dwelling-house, and to commit a felony therein; or

(b) being armed as aforesaid by night, and being so armed with intent to break or enter any building whatsoever, and to commit a felony therein; or

(c) having in his possession by night without lawful excuse, the proof of which shall be upon him, any instrument of house-breaking; or

(d) having in his possession by day any such instrument with intent to commit a felony; or

(e) having his face masked or blackened or being otherwise disguised, with intent to commit a felony; or

(f) being in any building whatsoever by night with intent to commit a felony therein.

is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on convic tion on indictment to imprison ment for three years:

Provided that if the offender has been previously convicted of a felony relating to property, he is liable on conviction by a court of sum mary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for five years.

Trespass in and around dwelling houses

Trespass in dwelling-house

360 (1) Any person who, without lawful excuse, the proof of which shall be upon him, enters or is found in any dwelling-house or in any building which is adjacent to a dwelling-house and occupied with it but which is not part of it, is guilty of an offence.

(2) If the offence is committed during the night the offender is guilty of a summary offence, and is liable to imprisonment for twelve months.

(3) If the offence is committed at any time other than during the night the offender is liable on conviction by a court of summary ju risdiction to a fine of $300 or to imprisonment for six months or to both such fine and imprisonment, and also to pay the costs of prosecution, or on conviction on indictment to imprisonment for twelve months.

(4) Notwithstanding subsections (1) (2) and (3), a person con victed a second or subsequent time under this section is guilty of a mis demeanour and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for five years.

Prowling etc about dwelling-houses

361 Any person who, without lawful excuse, the proof of which shall be upon him, hovers, lurks or prowls about, or attempts to enter, any dwelling-house is guilty of a summary offence and is liable to imprison ment for six months:

Provided that if the offence is committed at night, the offender is liable to imprisonment for twelve months:

Provided further that a person convicted a second or subsequent time under this section is guilty of a misdemeanour and is liable on con viction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for five years.

Prosecution for other offence on same facts

362 (1) Nothing contained in section 360 (trespass in a dwelling-house) or in section 361 (prowling about, or attempting to enter a dwelling-house without lawful excuse) shall prevent any person from being prosecuted for any other offence connected with the breaking of buildings in respect of the same facts.

(2) In this section "offence connected with the breaking of buildings" means any offence constituted by sections 354 to 359 inclu sive.

Acts preparatory to stealing

Killing animals with intent to steal skin or carcass

363 Any person who kills a horse, mare, gelding, ass, mule, bull, cow, ox, ram, ewe, wether, hog or goat, or the young of any such animal, with intent to steal the skin or carcass, or any part of the skin or car cass, is guilty of a felony, and is liable to imprisonment for four years.

Severing or damaging plants etc with intent to steal

364 (1) Any person who, with intent to steal, makes moveable, sev ers, destroys or damages�

(a) the whole or any part of any tree, sapling, or shrub, or any underwood; or

(b) any plant, root, fruit or vegetable; or

is guilty of an offence.

(2) A person guilty of an offence under this section is, on first conviction, guilty of a summary offence and liable on conviction by a court of summary jurisdiction to a fine of $250 or to imprisonment for twelve months, and is on a second or subsequent conviction guilty of a felony and liable to the punishment for stealing.

(3) When a person is charged before a magistrate with an in dictable offence under the foregoing provisions of this section or with at tempting to commit any such offence, or with counselling or procuring the commission of any such offence, then, if the amount of injury done to the property in question does not exceed $1,000, the magistrate, sit ting as a court of summary jurisdiction, may deal with the case sum marily; and the offender is liable on such summary conviction to a fine of $600 or to imprisonment for twelve months.

Fraudulent appropriation of electricity

Taking away motor car without consent of owner etc

365 (1) A person who takes and drives away a motor car or auxil iary bicycle without having either the consent of the owner thereof of other lawful authority or, knowing that a motor car or auxiliary bicycle has so been taken, drives it or allows himself to be carried in or on it without such consent or authority is guilty of a summary offence and is liable to imprisonment for twelve months:

Provided that it shall be a defence for a person charged with an offence under this section to prove that he acted in the belief that he or the person carrying him in or on it had lawful authority or in the belief that the owner would, in the circumstances of the case, have given his consent if he had been asked to do so.

(2) For the purposes of this section "owner", in relation to a motor car or auxiliary bicycle which is the subject of a hiring agreement or a hire purchase agreement, means the person in possession of the motor car or, as the case may be, the auxiliary bicycle under that agree ment.

(3) In this section "auxiliary bicycle" means an auxiliary bicycle within the meaning of the Motor Car Act 1951 [title 21 item 4].

Fraudulent appropriation of electricity

Fraudulent abstraction of electricity

366 Any person who maliciously or fraudulently abstracts, causes to be wasted or diverted, consumes or uses any electricity is guilty of a misdemeanour, and is liable on conviction by a court of summary juris diction to imprisonment for twelve months and on conviction on indict ment to imprisonment for two years.

Fraudulent disposition of mortgaged goods

367 (1) Any person who, being the mortgagor of mortgaged goods, removes or disposes of the goods without the consent of the mortgagee, and with intent to defraud, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

(2) The consent of the mortgagee may be either express or im-
plied from the nature of the property mortgaged.

(3) In this section "mortgaged goods" includes any goods and chattels of any kind, and any live animals, and any progeny of any ani mals, and any crops or produce of the earth, whether growing or severed, which are subject for the time being to the provisions of any written in strument by which a valid charge or lien is created upon them by way of security for any debt or obligation.

PART XX

OBTAINING PROPERTY BY FALSE PRETENCES: RECEIVING PROPERTY UNLAWFULLY OBTAINED: UNLAWFUL POSSESSION OF PROPERTY: AND LIKE OFFENCES

Obtaining property by false pretences;
cheating; and like offences

Definition of false pretence

368 Any representation made by words, writing or conduct, of a matter of fact, either past or present, which representation is false in fact, and which the person making it knows to be false or does not be lieve to be true, is a false pretence.

Obtaining property by false pretences; alternative convictions of other offences

369 (1) Any person who by any false pretence, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a felony, and is liable to imprisonment for seven years.

(2) A person found committing the offence may be arrested without a warrant.

(3) It is immaterial that the thing is obtained or its delivery is induced through the medium of a contract induced by the false pretence.

(4) Upon an indictment charging a person with obtaining or in ducing the delivery of any property by a false pretence, and with intent to defraud, or, as the case may be, with procuring any other person to commit such offence�

(a) he may be convicted of stealing the same property, con trary to section 341; or

(b) he may be convicted of procuring any other person to steal the same property, or to obtain or induce the deliv ery of the same property by a false pretence and with intent to defraud; or

(c) he may be convicted of obtaining or inducing the delivery of any property or money by means of a fraudulent trick or device, contrary to section 372,

if such offence is established by the evidence; and a person convicted under any of the foregoing provisions of this subsection is liable to the same punishment as if he had been convicted on an indictment charging him with the offence of which he is actually convicted.

(5) When a person is charged before a magistrate with obtain ing or procuring the delivery of anything by a false pretence with intent to defraud, or with attempting to commit any such offence, or with coun selling or procuring the commission of any such offence, then the mag istrate, sitting as a court of summary jurisdiction, may deal with the case summarily; and the offender is liable on such summary conviction to a fine of $600 or to imprisonment for twelve months.

Obtaining credit by false pretences or fraud

370 (1) Any person who, in incurring any debt or liability, obtains credit under false pretences or by means of any other fraud, is guilty of a summary offence, and is liable to imprisonment for twelve months.

(2) A person found committing the offence may be arrested without a warrant.

(3) Where a trustee in any bankruptcy reports to the Supreme Court that, in his opinion, a bankrupt has been guilty of an offence con stituted by this section, or where the Supreme Court is satisfied upon the representation of any creditor or member of the committee of inspec tion that there are grounds for believing that the bankrupt has been guilty of an offence constituted by this section, the Supreme Court shall, if it appears to the Court that there is a reasonable probability that the bankrupt may be convicted, order the trustee to prosecute the bankrupt for such offence.

Obtaining execution of security by false pretences

371 Any person who by any false pretence, and with intent to de fraud, induces any person to execute, make, accept, indorse, alter, or destroy, the whole or any part of any valuable security, or to write, im press, or affix, any name or seal upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt
with as a valuable security, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

Cheating

Cheating; alternative convictions or other offences

372 (1) Any person who by means of any fraudulent trick or de vice�

(a) obtains from any other person anything capable of being stolen; or

(b) induces any other person�

(i) to deliver to any person anything capable of be ing stolen; or

(ii) to pay or deliver to any person any money or goods, or any greater sum of money or greater quantity of goods than he would have paid or delivered but for such trick or device,

is guilty of a misdemeanour, and is liable to imprisonment for two years.

(2) Upon an indictment charging a person with obtaining or in ducing the delivery or payment of any property or money by means of a fraudulent trick or device�

(a) he may be convicted of stealing the same property con trary to section 341; or

(b) he may be convicted of obtaining or inducing the delivery of the same property by a false pretence, and with intent to defraud, contrary to section 369; or

(3) When a person is charged before a magistrate with obtain ing by means of a fraudulent trick or device anything capable of being stolen, or with inducing, by means of any such trick or device, the deliv ery or payment of any money or goods or other thing capable of being stolen, or with attempting to commit any such offence, or with coun selling or procuring the commission of any such offence, then the mag istrate, sitting as a court of summary jurisdiction, may deal with the case summarily; and the offender is liable on such summary conviction to a fine of $600 or to imprisonment for twelve months.

Receiving property unlawfully obtained

Constitution etc of offence of receiving property unlawfully obtained

373 (1) Any person who receives anything which has been obtained by means of any act constituting an indictable offence, or by means of any act done at a place not in Bermuda which if it had been done in Bermuda, would have constituted an indictable offence, and which is an offence under the laws in force in the place where it was done, knowing the thing to have been so obtained, is guilty of an offence.

(2) When a thing has been obtained by means of any act con stituting an indictable offence, or by means of any act done at a place out of Bermuda which, if it had been done in Bermuda, would have con stituted an indictable offence, and which is an offence under the laws in force in the place where it was done, and another person has acquired a lawful title to it, a subsequent receiving of the thing is not an offence al though the receiver knows that the thing had previously been so ob tained.

(3) For the purpose of proving the receiving of anything it is sufficient to show that the accused person has, either alone or jointly with some other person, had the thing in his possession, or has aided in concealing it or disposing of it.

Punishment etc with respect to receiving property unlawfully ob tained

374 (1) Any person who commits an offence under section 373 is guilty of a felony, and is liable to imprisonment for seven years.

(2) When a person is charged before a magistrate with receiving anything which has been obtained by means of a felony or misde meanour of such a nature, or committed under such circumstances, that the offender who committed the felony or misdemeanour might be sum marily convicted�

(a) under section 343 (stealing); or

(b) under section 364(3) (severing plants etc with intent to steal); or

(d) under section 372(3) (cheating); or

(e) with committing or procuring such receiving as afore said,

then the magistrate, sitting as a court of summary jurisdiction, may deal with the case summarily; and the offender is liable on such summary conviction to a fine of $1,000 or to imprisonment for twelve months.

(3) Except as in this Act expressly provided, any person who knowingly receives anything, the stealing or taking of which is punish able on summary conviction, is guilty of a summary offence, and is liable to the same punishment as the person so stealing or taking.

(4) Any person found committing any offence mentioned in subsection (3) may be arrested without warrant, either by a police officer, or by the owner of the property in question or his servant, or by any per son authorized by such owner.

Bringing stolen goods into Bermuda

375 Any person who, having at any place out of Bermuda obtained any property by any act which it if had been done in Bermuda would have constituted the offence of stealing, and which is an offence under the laws in force in the place where it was done, brings such property into Bermuda, or has it in his possession in Bermuda, is guilty of a felony, and is liable to the same punishment as if he had stolen it in Bermuda, but so that the punishment does not exceed that which would be incurred for the same act under the laws in force in the place where the act by which he obtained the property was done.

Dishonest misuse of telegraph etc

376 Any person who dishonestly makes use of any public telegraph, telex or telephone system (including a system terminating upon private premises) with intent to avoid payment for his use of the system is guilty of an offence and is liable on conviction on indictment to imprisonment for two years or on summary conviction to imprisonment for six months.

Taking reward for recovery of property obtained by means of offence

377 Any person who corruptly receives or obtains, or corruptly agrees to receive or obtain, any property or benefit of any kind upon an agree ment or understanding that he will help any person to recover anything which has been obtained by means of any act constituting an indictable offence, or by means of any act done at a place out of Bermuda which, if it had been done in Bermuda, would have constituted an indictable of fence, and which is an offence under the laws in force in the place where it was done, is, unless he has used due diligence to cause the offender to be brought to trial for the offence, guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

Concealing documents, title etc

Concealing registers

378 (1) Any person who, with intent to defraud, conceals, or takes from its place of deposit, or from any person having the lawful custody thereof, any register which is authorized or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths, or burials, or a copy of any part of any such register which is required by law to be sent to any public offi cer, is guilty of a felony, and is liable on conviction by a court of sum mary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

(2) In this section "registers authorized or required by law to be kept" includes registers in fact kept�

(a) as respects baptisms or burials, by any Incumbent or Minister; or

(b) as respects marriages, by any Marriage Officer within the meaning of the Marriage Act 1944 [title 27 item 1].

Concealing records of legal documents

379 Any person who, with intent to defraud, conceals, or takes from its place of deposit or from any person having the lawful custody thereof, any document which is kept or deposited in Government House, or in any public office or court, is guilty of a felony, and is liable on conviction by a court of summary jurisdiction to imprisonment for
twelve months and on conviction on indictment to imprisonment for two years.

Concealing wills

380 (1) Any person who, with intent to defraud, conceals any tes tamentary instrument, is (subject to subsection (3)) guilty of a felony, and is liable on conviction by a court of summary jurisdiction to impris onment for twelve months and on conviction on indictment to imprison ment for two years.

(2) It is immaterial whether the testator is living or dead.

(3) It is a defence to a charge of the offence constituted by sub section (1) to prove that the accused person, before being charged with the offence, and in consequence of the compulsory process of a court in an action or proceeding of a court instituted in good faith or in a com pulsory examination or deposition before a court, disclosed on oath the act alleged to constitute the offence.

(4) A person is not entitled to refuse to answer any question or interrogatory in any civil proceeding in any court on the ground that his doing so might tend to show that he had committed any such offence.

Concealing deeds affording evidence of title to land

381 (1) Any person who, with intent to defraud, conceals the whole or any part of any document which is evidence of title to any land or es tate in land, is (subject to subsection (2)) guilty of a felony, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

(2) It is a defence to a charge of the offence constituted by sub section (1) to prove that the accused person, before being charged with the offence, and in consequence of the compulsory process of a court in an action or proceeding of a court instituted in good faith or in a com pulsory examination or deposition before a court, disclosed on oath the act alleged to constitute the offence.

(3) A person is not entitled to refuse to answer any question or interrogatory in any civil proceeding in any court on the ground that his doing so might tend to show that he had committed any such offence.

Concealing title on sale or mortgage of property

382 Any person who, being a seller or mortgagor of any property, or being the attorney or agent of any such seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or pro duced to him, and with intent to defraud�

(a) conceals from the purchaser or mortgagee any instru ment material to the title, or any incumbrance;

(b) falsifies any pedigree on which the title depends or may depend,

is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on convic tion on indictment to imprisonment for two years.

Offences relating to Government stores

Using Her Majesty's marks on property without authority

383 (1) Any person who, without lawful authority, the proof of which shall be upon him, places any mark used to denote Her Majesty's property in any naval, military, air force or other Government stores, upon any article of a like nature with such naval, military, air force or other Government stores, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

(2) No prosecution for a contravention of the foregoing subsec tion shall be instituted or carried on except with the consent of the At torney-General.

Obliterating etc Her Majesty's marks on property

384 (1) Any person who, with intent to conceal Her Majesty's prop erty therein, takes out, destroys or obliterates, wholly or in part, any mark placed on any naval, military, air force or other Government stores to denote Her Majesty's property therein, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to impris onment for twelve months and on conviction on indictment to imprison ment for two years.

(2) No prosecution for any contravention of the foregoing sub section shall be instituted or carried on except with the consent of the Attorney-General.

Receiving, etc naval stores without authority

385 (1) Any person who, without lawful authority, the proof of which shall be upon him, receives, has in his possession or keeping, sells or delivers, any naval or victualling stores bearing any mark to de-

(xii) a consent to the marriage of a minor given by a person authorized by law to give it; or

(xiii) a certificate of marriage given under the provi sions of the laws relating to the solemnization of marriage; or

(xiv) a copy of the registry of a marriage; or

(xv) a stamp issued or made under the laws relating to the Post Office; or

(xvi) a power of attorney or letter of attorney; or

(xvii) the signature of a witness to a power of attorney or letter of attorney; or

(xviii) a contract, or a writing which, with other writ ings, constitutes a contract or is evidence of a contract; or

(xix) an authority or request for the payment of money or for the delivery of property; or

(xx) an acquittance or discharge, or a voucher of having received any property, or any document which is evidence of the receipt of any property,

the offender is liable to imprisonment for five years.

(2) In this section "registers authorized or required by law to be kept" includes registers in fact kept�

(a) as respects burials or baptisms, by any Incumbent or Minister; or

(b) as respects marriages, by any Marriage Officer within the meaning of the Marriage Act 1944 [title 27 item 1].

(3) Where a person is charged before a magistrate with an of fence against this section, the magistrate, sitting as a court of summary jurisdiction may deal with the case summarily, and, on summary con viction, an offender is liable to a fine of $600 or to imprisonment for twelve months.

Uttering false documents and counterfeit seals

410 (1) Any person who knowingly and fraudulently utters a false document or writing, or a counterfeit seal, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the thing in question.

(2) It is immaterial whether the false document or writing, or counterfeit seal, was made in Bermuda or elsewhere.

(3) "fraudulently" means an intention that the thing in question shall be used or acted upon as genuine, whether in Bermuda or else where, to the prejudice of some person, whether a particular person or not, or that some person, whether a particular person or not, shall, in the belief that the thing in question is genuine, be induced to do or re frain from doing some act, whether in Bermuda or elsewhere.

(4) Where a person is charged before a magistrate with an of fence against this section, the magistrate, sitting as a court of summary jurisdiction may deal with the case summarily, and, on summary con viction, an offender is liable to a fine of $600 or to imprisonment for twelve months.

Uttering cancelled or exhausted documents

411 Any person who knowingly utters as and for a subsisting and effectual document any document which has by any lawful authority been ordered to be revoked, cancelled, or suspended, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document.

Uttering cancelled stamps etc

412 Any person who knowingly utters as and for a valid and uncan celled stamp a stamp, or the impression of a seal, used for any purpose connected with the public revenue of Bermuda or of any part of Her Majesty's dominions, or of any country under the protection of Her Majesty, which has been already used or which has been cancelled, is guilty of an offence of the same kind and is liable to the same punish ment as if he had forged the stamp or seal.

Procuring execution of documents by false pretences

413 Any person who, by means of any false and fraudulent repre sentation as to the nature, contents, or operation, of a document, pro cures another person to sign or execute the document, is guilty of an of fence of the same kind and is liable to the same punishment as if he had forged the document.

Obliterating crossings on cheques, postal orders and money orders; uttering

414 Any person who, with intent to defraud�

(a) obliterates, adds to, or alters, the crossing on a cheque, postal order, or money order; or

(b) knowingly utters a crossed cheque, postal order or money order, the crossing on which has been obliter ated, added to or altered,

is guilty of a felony, and is liable to imprisonment for three years.

Making documents without authority; uttering

415 Any person who, with intent to defraud�

(a) without lawful authority or excuse, makes, signs, or exe cutes for or in the name or on account of another per son, whether by procuration or otherwise, any document or writing; or

(b) knowingly utters any document or writing so made, signed, or executed by another person,

is guilty of a felony, and is liable to imprisonment for four years.

Procuring delivery of property etc upon forged testamentary in strument

416 Any person who procures the delivery or payment to himself or any other person of any property or money�

(a) by virtue of any probate or letters of administration granted upon a forged testamentary instrument, know ing the testamentary instrument to have been forged; or

(b) upon or by virtue of any probate or letters of adminis tration obtained by false evidence, knowing the grant to have been so obtained,

is guilty of an offence of the same kind and is liable to the same punish ment as if he had forged the document or thing by virtue whereof he pro cures the delivery or payment.

Purchasing forged bank note

417 Any person who, without lawful authority or excuse, the proof of which shall be upon him, purchases or receives from any person, or has in his possession, a forged bank note, whether filled up or in blank, knowing the note to be forged, is guilty of a felony, and is liable to im prisonment for three years.

Falsifying registers etc relating to public debt etc

418 Any person who, with intent to defraud�

(a) knowingly makes any false entry, or alters any word or figure, in any register or certificate kept or issued in conformity with any provisions of law from time to time in force relating to the public debt of Bermuda; or

(b) knowingly makes any transfer of any share or interest of or in such public debt, in the name of any person not being the owner thereof,

is guilty of a felony, and is liable to imprisonment for five years.

Falsifying registers

419 Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which, in any material particular, is to his knowledge false, to be made in the reg ister or record, is guilty of a felony, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on con viction on indictment to imprisonment for two years.

Making false statements in connection with entries in registers of births or deaths

420 Any person who knowingly makes any false statement touching any matter required by law to be registered in any register of births or deaths with intent to procure the statement to be inserted in any such register, is guilty of a misdemeanour and is liable to imprisonment for two years:

Provided that any person may, with the previous consent of the Attorney-General, be prosecuted summarily for an offence constituted by this section, and shall, on conviction by a court of summary jurisdiction, be liable to a fine of $600 or to imprisonment for twelve months.

Making false statements in connection with registers kept by the Registrar-General

421 Any person who knowingly makes any false statement touching any matter which the Registrar-General, upon request or otherwise, is
required by law to register in a register with intent to procure the state ment or the substance or effect thereof to be inserted in any such regis ter, is guilty of a misdemeanour and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on convic tion on indictment to imprisonment for two years.

Doing acts etc preparatory to forging of documents etc

422 Any person who, without lawful authority or excuse, the proof of which shall be upon him�

(a) makes, or begins or prepares to make, or uses, or knowingly has in his possession or disposes of, any pa per resembling any paper such as is specially provided by the proper authority for the purpose of being used for making any of the following things�

(i) any document acknowledging, or being evidence of, the indebtedness of the Government of Bermuda, or of the Government of any of Her Majesty's dominions, or of any country under the protection of Her Majesty, or of any foreign Prince or State, or of any person carrying on the business of banking, to any person; or

(ii) any stamp, licence, permit, or other document, used for the purposes of the public revenue of Bermuda, or of any part of Her Majesty's do minions, or of any country under the protection of Her Majesty; or

(iii) any bank note;

or any machinery or instrument or material for making any such paper, or capable of producing in or on paper any words, figures, letters, marks, or lines, resembling any words, figures, letters, marks or lines, used in or on any paper specially provided for any such purpose; or

(b) impresses or makes upon any plate or material any words, figures, letters, marks, or lines, the print whereof resembles, in whole or part, the words, figures, letters, marks, or lines, used in any such document as afore said; or

(c) uses, or knowingly has in his possession, or disposes of, any paper on which is written or printed the whole or any part of the usual contents of any such document as aforesaid,

is guilty of a felony, and is liable to imprisonment for five years.

Doing acts etc preparatory to counterfeiting stamps

423 (1) Any person who, without lawful authority or excuse, the proof of which shall be upon him�

(a) makes or mends, or begins or prepares to make or mend, or uses, or knowingly has in his possession or disposes of, any die, plate, or instrument�

(i) capable of making an impression resembling that made by any die, plate, or instrument, used for the purpose of making any stamp, whether impressed or adhesive, which is used for the purposes of the public revenue or of the Post Office Department of Bermuda, or of the Postal Department or Telegraph Department in any other part of Her Majesty's dominions, or in any country under the protection of Her Majesty, or in any foreign State; or

(ii) capable of producing in or on paper any words, figures, letters, marks, or lines, resembling any words, figures, letters, marks, or lines, used in or on any paper specially provided by the proper authority for any such purpose; or

(b) knowingly has in his possession or disposes of any pa per or other material which has on it the impression of any such die, plate, or instrument, or any paper which has on it, or in it, such words, figures, letters, marks, or lines, as aforesaid; or

(c) fraudulently, and with intent that use may be made of any such stamp as aforesaid, or of any part of it, re moves the stamp from any material in any way whatso ever; or

(d) fraudulently, and with intent that use may be made of any part of any such stamp, mutilates the stamp; or

(e) fraudulently fixes or places upon any material or upon
any such stamp, any stamp or part of a stamp which has been in any way removed from any other material, or out of or from any other stamp; or

(f) fraudulently, and with intent that use may be made of any such stamp which has been already impressed upon or attached to any material, erases or otherwise re moves, either really or apparently, from such material anything whatsoever written on it; or

(g) knowingly has in his possession or disposes of anything obtained or prepared by any such lawful act as afore said,

is guilty of a felony, and is liable to imprisonment for four years.

(2) A prosecution for an offence constituted by this section shall not be instituted without the consent of the Attorney-General.

PART XXIII

DAMAGE TO PROPERTY

Interpretation of Part XXIII

424 In this Part "damage", in relation to a document, or to a writing or inscription, includes obliterating and rendering illegible, either in whole or in part.

Criminal responsibility for acts which cause injury to property

425 (1) An act or omission which causes injury to the property of another person and which is done or made without his consent is un lawful, unless such act or omission is authorized or justified or excused by law.

(2) It is immaterial that the person who does the injury is in possession of the property injured, or has a partial interest in it.

(3) A person is not criminally responsible for an injury caused to property by the use of such force as is reasonably necessary for the purpose of defending or protecting himself, or any other person, or any property, from injury which he believes, on reasonable grounds, to be imminent.

(4) When an act or omission which causes injury to property, and which would otherwise be lawful, is done or made with intent to de fraud any person, it is unlawful.

(5) When an act which causes injury to property is done with intent to defraud any person, it is immaterial that the property in ques tion is the property of the offender himself,

Arson; attempts

426 (1) Any person who wilfully and unlawfully�

(a) sets fire to any building or structure whatsoever, whether completed or not; or

(b) sets fire to any stack of hay or grass or cultivated veg etable produce, or of mineral or vegetable fuel; or

(c) sets fire to anything which is so situated that any such thing as is mentioned in paragraph (a) or (b) is likely to catch fire from it,

is guilty of a felony which is called arson, and is liable to imprisonment for ten years.

(2) Any person who attempts unlawfully to set fire to any such thing as is mentioned in subsection (1) is guilty of a felony, and is liable to imprisonment for five years.

Arson of building etc person being therein

427 Any person who wilfully and unlawfully sets fire or attempts to set fire to any building or structure whatsoever, at any time when any person is therein, is guilty of a felony, and is liable to imprisonment for fifteen years.

Setting fire to crops and growing plants; attempts

428 Any person who wilfully and unlawfully sets fire or attempts to set fire to any of the following things�

(a) a crop of cultivated vegetable produce, whether standing or cut;

(b) a crop of hay or grass under cultivation, whether the natural or indigenous product of the soil or not, and whether standing or cut;

is guilty of a misdemeanour, and is liable to imprisonment for five years.

Setting fire to vessels; attempts

429 (1) Any person who wilfully and unlawfully�

(a) sets fire to any vessel, whether completed or not; or

(b) sets fire to anything which is so situated that any vessel, whether completed or not, is likely to catch fire from it,

is guilty of a felony, and is liable to imprisonment for ten years.

(2) Any person who attempts unlawfully to set fire to a vessel, whether completed or not, is guilty of a felony, and is liable to imprison ment for five years.

Arson of vessel, with intent to cause death etc

430 Any person who wilfully and unlawfully sets fire to a vessel, with intent to cause the death of any person, or whereby the life of any person is endangered, is guilty of a felony, and is liable to imprisonment for twenty years.

Casting away etc vessel with intent to cause death etc

431 Any person who wilfully and unlawfully casts away or destroys any vessel, with intent to cause the death of any person, or whereby the life of any person is endangered, is guilty of a felony, and is liable to im prisonment for twenty years,

Casting away vessels etc

432 Any person�

(a) who wilfully and unlawfully casts away or destroys any vessel, whether complete or not; or

(b) who wilfully and unlawfully does any act which tends to the immediate loss or destruction of a vessel in distress; or

(c) who with intent to bring a vessel into danger, interferes with any light, beacon, mark, or signal, used for pur poses of navigation, or exhibits any false light or signal,

is guilty of a felony, and is liable to imprisonment for fifteen years.

Damaging vessels, with intent to destroy

433 Any person who wilfully and unlawfully damages any vessel, whether complete or not, with intent to destroy the vessel, or to render it useless, is guilty of a felony, and is liable to imprisonment for five years.

Interfering with marine signals

434 Any person who wilfully and unlawfully removes, defaces, or renders invisible, any boat, beacon, buoy, mark, or signal, used for the purposes of navigation, or for the guidance of seamen, or who unlawfully attempts to remove, deface or render invisible, any such thing, is guilty of a felony, and is liable to imprisonment for seven years.

Damaging bridges etc

435 Any person who wilfully and unlawfully damages any bridge, viaduct, or aqueduct, with intent to render the bridge, viaduct or aque duct, or any part thereof, dangerous, impassable, or unfit for use, and thereby does in fact render the bridge, viaduct or aqueduct, or any part thereof, dangerous, impassable or unfit for use, is guilty of a felony, and is liable to imprisonment for ten years.

Damaging etc boundary marks with intent to defraud

436 Any person who wilfully and unlawfully, and with intent to de fraud, removes, destroys or defaces any object or mark which has been lawfully erected or made as an indication of the boundary of any land, is guilty of a felony, and is liable to imprisonment for three years.

Destroying or damaging will

437 (1) Any person who wilfully and unlawfully destroys or dam ages any testamentary instrument, whether the testator is living or dead, is, subject to subsection (2), guilty of a felony, and is liable to imprison ment for five years.

(2) It is a defence to a charge of any of the offences constituted by subsection (1) to prove that the accused person, before being charged with the offence, and in consequence of the compulsory process of a court in an action or proceeding instituted in good faith by a party ag grieved, or in a compulsory examination or deposition before a court, disclosed on oath the act alleged to constitute the offence.

(3) A person is not entitled to refuse to answer any question or interrogatory in any civil proceeding in any court on the ground that his so doing might tend to show he had committed any such offence.

Destroying or damaging deeds

438 (1) Any person who wilfully and unlawfully destroys or dam ages any document which is evidence of title to any land is, subject to
subsection (2), guilty of a felony, and is liable to imprisonment for five years.

Destroying or damaging registers

439 (1) Any person who wilfully and unlawfully destroys or dam ages any register which is authorized or required by any provision of law to be kept for recording births, baptisms, marriages, deaths or burials, is guilty of a felony, and is liable to imprisonment for five years.

(2) In this section "register which is authorized or required by any provision of law to be kept" includes any register in fact kept�

(a) as respects baptisms or burials, by any Incumbent or Minister; or

(b) as respects marriages, by any Marriage Officer within the meaning of the Marriage Act 1944 [title 27 item 1].

Destroying or damaging public records

440 Any person who wilfully and unlawfully destroys or damages�

(a) any document which is kept or deposited in Government House or in any public office; or

(b) any document which is kept or deposited in any court of justice,

is guilty of a felony, and is liable to imprisonment for five years.

Killing and injuring etc animals

441 (1) Any person who wilfully and unlawfully kills, maims, or wounds, any animal capable of being stolen, is guilty of an offence.

(2) If the animal is a horse, mare, gelding, ass, mule, bull, cow, ox, goat, pig, ram, ewe, or wether, or the young of any such animal, the offender is guilty of a felony, and is liable to imprisonment for three years.

(3) In any other case the offender is guilty of a summary of fence, and is liable to a fine of $600 or to imprisonment for three months, or in the case of a second or subsequent conviction, to impris onment for six months.

Destroying or damaging works of art etc

442 Any person who wilfully and unlawfully destroys or damages anything kept for purposes of art, literature, science, or curiosity, in any public or private museum, library, gallery, or collection, or any statue or monument in any place, or any ornament, railing, or fence, surrounding any such statue or monument, is guilty of a misdemeanour, and is liable on conviction on indictment to imprisonment for three years or on con viction by a court of summary jurisdiction to imprisonment for twelve months or to a fine of $1,250 or to both such imprisonment and fine.

Destroying or damaging trees and shrubs

443 (1) Any person who wilfully and unlawfully destroys or dam ages the whole or any part of any tree, sapling, or shrub, or any under wood, which is growing�

(a) in any park, pleasure ground, garden, orchard or av enue, or in any ground adjoining or held with any dwelling-house, and the amount of the injury done ex ceeds the sum of $250; or

(b) elsewhere than in any of the places before mentioned, and the amount of the injury done exceeds the sum of $500,

is guilty of a felony, and is liable on conviction by a court of summary ju risdiction to imprisonment for twelve months and on conviction on in dictment to imprisonment for two years.

(2) If the amount of the injury done is one dollar or more, then, wherever such tree, sapling, shrub, or underwood may be growing, the offender is guilty of a summary offence, and is liable to a fine of $250, or to imprisonment for twelve months:

Provided that a person convicted a third or subsequent time un der this subsection, is guilty of a misdemeanour, and is liable on convic tion by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years.

Destroying or damaging plants

444 Any person who wilfully and unlawfully destroys or damages any plant, root, or vegetable production growing in any place, the injury done being to the amount of $500 or more, is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years:

Provided that a person convicted a second or subsequent time under this section is guilty of a felony, and is liable to imprisonment for four years.

Destroying or damaging fruit etc, in garden etc

445 Any person who wilfully and unlawfully destroys or damages any plant, root, fruit, or vegetable production growing in any garden, or chard, nursery-ground, hot-house, green-house, or conservatory, is guilty of a summary offence, and is liable to a fine of $500 or to impris onment for six months:

Provided that a person convicted a second or subsequent time under this section, is guilty of a felony, and is liable to imprisonment for four years.

Destroying or damaging vegetable products

446 Any person who wilfully and unlawfully destroys or damages any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, which is growing in any land, open or enclosed, not being a garden, or orchard, or nursery-ground, is guilty of a summary offence, and is liable to a fine of $250 or to imprisonment for three months, or, in the case of a second or subsequent conviction, to imprisonment for six months.

Destroying or damaging walls, fences etc

447 Any person who wilfully and unlawfully damages or destroys any live or dead fence, or any wall, stile, or gate, or any part thereof respec tively, is guilty of a summary offence, and is liable to a fine of $250, or, in the case of a second or subsequent conviction, to imprisonment for six months.

Destroying or damaging property in cases not otherwise provided for

448 (1) Any person who wilfully and unlawfully destroys or does damage to any property, the injury done being to an amount exceeding $60, is, unless otherwise stated, guilty of a misdemeanour, and is, if no other punishment is provided, liable on conviction by a court of sum mary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years:

Provided that if the offence is committed in the night the offender is liable on conviction by a court of summary jurisdiction to imprison ment for twelve months and on conviction on indictment to imprison ment for three years.

(2) Any person who wilfully and unlawfully destroys or dam ages any property, the injury being to an amount not exceeding $60 is, unless otherwise stated, guilty of a summary offence, and is liable to a fine of $250 or to imprisonment for two months.

DIVISION V

PROCEDURE IN CRIMINAL CAUSES AND MATTERS

PART XXIV

JURISDICTION; ARREST; SEIZURE OF PROPERTY; AND PRELIMINARY PROCEEDINGS

Jurisdiction

449 The jurisdiction of courts of justice with respect to the trial of offenders is set forth in the provisions of law relating to the constitution and jurisdiction of those courts respectively.

Power to require offence triable summarily or on indictment to be treated as indictable offence

450 Where a person is charged with an offence which may be dealt with either by a court of summary jurisdiction or on indictment before the Supreme Court then the following provisions of this section shall have effect�

(a) where, in the opinion of the Attorney-General, the charge is a fit subject for prosecution by indictment, the Attor ney-General may issue a certificate in writing accord ingly, and upon production of such certificate to the magistrate before whom the accused person stands charged the magistrate shall not sit as a court of sum mary jurisdiction to deal summarily with the charge but
shall treat the charge as though the offence were an in dictable offence which is not triable summarily;

(b) where, in the opinion of the magistrate before whom the accused person stands charged, the charge is a fit sub ject for prosecution by indictment then, whether the At torney-General has or has not issued a certificate under paragraph (a), the magistrate shall not sit as a court of summary jurisdiction to deal summarily with the charge, but shall treat the charge as though the offence were an indictable offence which is not triable summarily.

Power of Supreme Court to make rules prescribing forms

451 The Supreme Court may make general rules prescribing forms of complaints, informations, summonses, depositions, indictments, charges, judgments, records, convictions, warrants, recognizances, and other proceedings, to be used before the Supreme Court or, as the case may be, before courts of summary jurisdiction, magistrates and Justices of the Peace in respect of offences; and every form so prescribed is to be deemed sufficient for the purpose, and sufficiently to state the offence or matter for or in respect of which it is prescribed to be used.

Limitation of time for commencing summary prosecutions

452 (1) A prosecution for a summary offence must, unless other wise expressly provided, be begun within a period of six months after the offence is committed or within a period of three months of the date when facts sufficient in the opinion of the Attorney-General to justify the in stitution of criminal proceedings first come to his notice, whichever pe riod last expires:

Provided that, and unless otherwise expressly provided, no pros ecution for a summary offence shall be begun more than 12 months after the offence is committed.

(2) A certificate purporting to be under the hand of the Attor ney-General and specifying the date upon which such facts first came to his notice shall be evidence that such facts first came to his notice upon such date.

Power to arrest without warrant in cases of treason and felony

453 Except when otherwise stated the definition of an offence as treason or felony imports that the offender may be arrested without war rant.

Arrest without warrant generally

454 When an offence is such that the offender may be arrested with out warrant generally�

(a) it is lawful for a police officer, who believes on reason able grounds that the offence has been committed, and that any person has committed it, to arrest that person without warrant, whether the offence has been actually committed or not, and whether the person arrested committed the offence or not;

(b) it is lawful for any person who is called upon to assist a police officer in the arrest of a person suspected of hav ing committed the offence, and who knows that the per son calling him to assist is a police officer, to assist him, unless he knows that there is no reasonable ground for the suspicion;

(d) if the offence has been actually committed, it is lawful for any person who believes on reasonable grounds that another person has committed the offence, to arrest that person without warrant, whether that other person has committed the offence or not;

(e) it is lawful for any person who finds another person by night, under such circumstances as to afford reasonable grounds for believing that he is committing the offence, and who does in fact so believe, to arrest him without warrant;

(f) it is lawful for a police officer, who finds any person lying or loitering in any place by night, under such circum stances as to afford reasonable grounds for believing that he has committed or is about to commit the offence, and who does in fact so believe, to arrest him without warrant.

Arrest without warrant in special cases

455 Where it is provided with respect to an offence that the offender may be arrested without warrant subject to certain conditions, section
454 shall apply to the offence in question, subject to those conditions.

Arrest of persons found committing offences

456 (1) It is lawful for a police officer to arrest without warrant any person whom he finds committing an offence provided for in this Act, or whom he finds committing an act which he honestly believes on reason able grounds to constitute such an offence.

(2) Where it is provided with respect to an offence that a person found committing the offence may be arrested without warrant generally, it is lawful for any person who finds another person committing the of fence to arrest him without warrant.

(3) Where it is provided with respect to an offence that a person found committing the offence may be arrested without warrant by a specified person, or by specified persons, it is lawful for any such person who finds another person committing the offence to arrest him without warrant.

Arrest of person found committing indictable offence by night

457 It is lawful for any person who finds another person by night committing any indictable offence to arrest him without warrant.

Arrest during escape after commission of offence

458 It is lawful for any person to arrest without warrant any other person whom he believes, on reasonable grounds, to have committed an offence and to be escaping from, and to be freshly pursued by, some per son whom, on reasonable grounds, he believes to have authority to arrest him for that offence.

Power of police officer to stop and search persons, etc

459 It shall be lawful for a police office to stop and search�

(a) any vehicle or boat upon which there is reason to sus pect that any thing stolen or unlawfully obtained may be found; or

(b) any person who is reasonably suspected of having or conveying in any manner any thing stolen or unlawfully obtained:

Provided that the onus of proving the reasonableness of the po lice officer's conduct shall lie on the police officer.

Arrest of persons offering for sale property unlawfully acquired

460 It is lawful for any person to whom another person offers to sell, pawn or deliver, any property, and who believes, on reasonable grounds, that the property has been acquired by means of an offence with respect to which it is provided that a person found committing such offence may be arrested without warrant, to arrest that other person without warrant.

Duties with respect to detention and disposal of persons arrested

461 It is the duty of a person who has arrested another person upon a charge of an offence to take him, with as little delay as possible, before a court of competent jurisdiction to be dealt with according to law, and in the meantime to keep him in safe custody at a police station, or to con vey him to a prison if so directed by a Justice of the Peace or by a police officer not below the rank of Inspector.

Right of arrested person to silence and to obtain legal advice

461A A person who has been arrested by a police officer or any other person for or in connection with the commission of any offence is not obliged to say anything; and is entitled to obtain legal advice.

Rights of arrested persons held in custody

461B Where any person has been arrested and is being held in cus tody in a police station or other premises he shall be entitled to have no tification of his arrest and of the place where he is being held sent to one person reasonably named by him without delay or, where some delay is necessary in the interest of the investigation or prevention of crime or the apprehension of offenders, with no more delay than is so necessary.

Grant of bail by police officers

462 (1) Notwithstanding any thing in section 461, on a person be ing taken into custody upon a charge of an offence where the person has been arrested without a warrant, a police officer not below the rank of Sergeant may in any case, and shall, if it will not in his opinion be prac ticable to bring such person before a court of summary jurisdiction within twenty-four hours after he was so taken into custody, inquire into the case, and unless the offence appears to such police officer to be of a serious nature, shall release the person upon his entering into a recog nizance with or without sureties of a reasonable amount to appear before a court of summary jurisdiction at the time and place named in the rec ognizance; but where such person is detained in custody he shall be brought before a magistrate as soon as practicable.

(2) Where, on a person being taken into custody for an offence without a warrant, it appears to any such officer as aforesaid that the enquiry into the case cannot be completed forthwith, he may release the person on his entering into a recognizance with or without sureties, for a reasonable amount, conditioned for his appearance at such a police sta tion and at such a time as is named in the recognizance unless he previ ously receives a notice in writing from the officer in charge of that police station that his attendance is not required; and any such recognizance may be enforced as if it were conditioned for the appearance of that per son before a court of summary jurisdiction.

(3) Where, on reading the affidavit of a police officer not below the rank of Sergeant, a magistrate is satisfied that the condition of a rec ognizance entered into under the provisions of this section has been bro ken, he may order that the recognizance be estreated and that execution issue immediately, or in such time as he may direct, against the chattels, lands and persons of all persons whose recognizances have been es treated as aforesaid:

Provided that, on cause being shown, the magistrate may order the execution of such process to be stayed on such terms as he may pre scribe.

Taking of finger prints

463 (1) Where a person is arrested (whether with or without war rant) and is charged in respect of the alleged commission of an indictable offence then, if it is made to appear to a magistrate, on information given on oath by a police officer not below the rank of Inspector�

(a) that there are reasonable grounds for suspecting that person of having committed that or some other in dictable offence; and

(b) that it would in the circumstances be in the interests of justice to take that person's finger prints,

the magistrate may by order authorize the taking of the finger prints of that person by a police officer.

(2) Where a person is convicted (whether on indictment or summarily) of an indictable offence, being an offence involving either dishonesty or violence to the person, and is sentenced or dealt with oth erwise than by way of absolute discharge, corrective training, imprison ment or preventive detention, then the judge or magistrate before whom he is convicted may by order authorize the taking of the finger prints and also the taking of the measurements and the taking of photographs of that person.

(3) Where a person is convicted, whether on indictment or summarily, of an offence and where subsequent to such conviction and before he is sentenced therefor he denies that he has previously been convicted of any other offence, then the judge or magistrate before whom he is convicted may by order authorize the taking of the finger prints and also the taking of the measurements and the taking of photographs of that person if the judge or magistrate is of the opinion that such an order will facilitate the proof of such previous conviction and that an opportu nity ought, in the interests of justice, to be given for that purpose.

(4) Finger prints, photographs and measurements taken in pursuance of an order made under this section may be taken at any place authorized in such order and the person in whose respect such or der is made may be detained for a period not exceeding six hours in or der that such order may be carried out; and a police officer may use such reasonable force as may be necessary for the carrying out of such order.

(5) The provisions of this section shall be in addition to any other statutory provision under which the finger prints of any person may be taken.

(6) For the purposes of this section "finger prints" includes palm prints and foot prints.

Issue and execution of search warrant

464 (1) If it appears to a magistrate or to a Justice of the Peace, on complaint made on oath, that there are reasonable grounds for suspect ing that there is in any house, building, vessel, or place�

(a) anything with respect to which any offence under this Act or which is such that the offender may be arrested without warrant has been, or is suspected, on reason able grounds, to have been, committed; or

(b) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commis sion of any such offence; or

(c) anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing any such offence;

(d) any person as to whom there are reasonable grounds for believing that he is unlawfully at large; or

(e) any person who has committed any offence under this Act or which is such that the offender may be arrested without warrant,

then the magistrate or Justice of the Peace may issue his warrant di recting a police officer or police officers named therein or all police offi cers to search such house, vessel, or place, and to seize any such thing or to arrest any such person, as the case may be, and to take it or him before a court of competent jurisdiction to be dealt with according to law.

(2) Any such warrant is to be executed by day unless the mag istrate or Justice of the Peace, by the warrant, specially authorizes it to be executed by night, in which case it may be so executed.

(3) Any police officer may, if authorized in writing by a police officer not below the rank of Superintendent, enter any house, shop, warehouse, yard or other premises and search for and seize any property he believes to have been stolen, and where any property is seized in pur suance of this section, the person on whose premises it was at the time of seizure or the person from whom it was taken shall, unless previously charged with receiving the same knowing it to have been stolen, be summoned before a court of summary jurisdiction to account for his possession of such property and such court shall make such order re specting the disposal of such property and may award such costs as the justice of the case may require.

(4) It shall be lawful for any police officer not below the rank of Superintendent to give such authority as aforesaid�

(a) when the premises to be searched are, or within the pre ceding twelve months have been, in the occupation of any person who has been convicted of receiving stolen property or of harbouring thieves; or

(b) when the premises to be searched are in the occupation of any person who has been convicted of any offence in volving fraud or dishonesty and punishable with impris onment.

(5) It shall not be necessary for such police officer on giving such authority to specify any particular property, but he may give such authority if he has reason to believe generally that such premises are being made a receptacle for stolen property.

Seizure of property found on offenders on arrest

465 When, on the arrest of any person on a charge for an offence re lating to property, the property in respect of which the offence is alleged to be committed is found in his possession, the person arresting him may take such property before a magistrate to be dealt with according to law.

Seizure of counterfeit coin

466 If any person finds in any place whatsoever, or in the possession of any person who has the same without lawful authority or excuse�

(a) any counterfeit gold, silver, or copper coin; or

(b) any tool, instrument, or machine, adapted and intended for making any such counterfeit coin; or

(c) any filing or clippings of gold or silver in bullion, dust, solution, or any other state, which are or is suspected, on reasonable grounds, to have been obtained by dealing with any current gold or silver coin in such manner as to diminish its weight,

then the person who so finds the same may seize the thing or things found, and take the same forthwith before a magistrate to be dealt with according to law.

Detention and disposal of property seized

467 (1) When anything is seized or taken under this Act, the person seizing or taking it is required forthwith to carry it before a magistrate.

(2) The magistrate may cause the thing so seized or taken to be detained in such custody as he may direct, taking reasonable care for its preservation, until the conclusion of any investigation that may be held with respect to it; and, if any person is committed for trial for any offence committed with respect to the thing so seized or taken, or committed un der such circumstances that the thing seized or taken is likely to afford evidence at the trial, he may cause it to be further detained in like man ner for the purpose of being produced in evidence at such trial.

(3) If no person is so committed, the magistrate shall direct that the thing be returned to the person from whom it is taken, unless he is authorized or required by law to dispose of it otherwise.

(4) If the thing so seized or taken is anything forged or coun terfeit, or is of such a nature that a person who has it in his possession
without authority or excuse is guilty of an offence, then, if any person is committed under such circumstances as aforesaid and is convicted, the court before which he is convicted, or in any other case, any magistrate, may cause it to be defaced or destroyed.

(5) If the thing so seized or taken is of such a nature that a person who has it in his possession, knowing its nature, and without lawful authority or excuse, is guilty of an offence, then, as soon as it ap pears that it will not be required, or further required, in evidence against the person who had it in his possession, it shall be delivered to the Ac countant General, or to some person authorized by him to receive it.

Use of vessel or vehicle in connection with seizure of explosive sub stance

468 If the thing seized or taken is an explosive substance found in a vessel or vehicle, the person acting in the execution of the warrant may for twenty-four hours after the seizure, and for such longer time as is necessary for the purpose of removal to a safe place of deposit, use the vessel or vehicle, with the tackle and furniture thereof, or the beasts, and accoutrements belonging thereto, as the case may be, paying afterwards to the owner of the vessel or vehicle a sufficient recompense for its use, which is to be assessed by the magistrate before whom the suspected offender is brought, and in case of nonpayment immediately after such assessment, may be recovered before a court of summary jurisdiction in a summary way.

Limitation of civil and criminal proceedings arising out of arrest or seizure of goods

469 (1) An action or prosecution against any person for anything done in pursuance of any of the provisions of this Act with respect to the arrest of offenders, or the seizure of goods, may be commenced within six months after the act committed, and not otherwise.

(2) Notice in writing of the action, and of the cause of action, must be given to the defendant one month at least before the com mencement of the action.

(3) The plaintiff is not entitled to recover in any such action, if tender of sufficient amends is made before action brought or if a suffi cient sum of money is paid into court by the defendant after action brought.

(4) If a verdict is given for the defendant, or if the plaintiff dis continues the action, or judgment is otherwise given against the plaintiff, the defendant is entitled to full costs of action as between counsel and client.

(5) If a verdict is given for the plaintiff, he shall not recover costs against the defendant, unless the Supreme Court certified its ap probation of the action and of the verdict obtained thereupon.

Preliminary proceedings on charges of indictable offences

470 The practice and procedure relating to the examination and committal for trial of persons charged with indictable offences are set forth in the Acts relating to magistrates, their powers and authorities.

Admission to bail etc of person committed for trial

471 (1) The Supreme Court or a judge may admit to bail any person who has been committed for trial, or is in custody, upon a charge of an indictable offence, whether bail has been refused or not, or may reduce the bail of any such person to whom bail has been granted, and may further impose such reasonable conditions relating to the conduct of such person while released on bail as the Court or judge may think fit;

Provided that the Supreme Court or a judge shall not admit to bail any person in any of the cases to which subsection (2) relates, un less the Court or judge is satisfied that exceptional circumstances exist in relation to such person.

(2) The proviso to subsection (1) applies to any case where a person�

(a) is charged with an offence under Part XVIII, and it is proved that such person has been previously convicted of any such offence; or

(b) is charged under this Act with either the offence of pre meditated murder or murder; or

(3) The conditions upon which a person is admitted to bail un der this section may include conditions appearing to the Court or judge to be likely to result in his appearance at the time and place required or to be necessary in the interests of justice or for the prevention of crime.

Power to increase bail and to order sufficient sureties

472 Where the Supreme Court or a judge having released a person
on bail is satisfied that for any reason the amount of such bail should be increased, or that the sureties are or have become insufficient, then a warrant may be issued for the arrest of the person so released directing that he be brought before the Court or a judge, and the Court or judge may increase the bail to a larger amount or order him to find sufficient sureties, and, on his failing to do so, may commit him to prison.

Arrest of persons on bail

473 (1) Where it is made to appear to a judge or a magistrate by information on oath that any person released on bail by the Supreme Court or the Court of Appeal for Bermuda is likely to break the condition that he will appear at the time and place required or any other condition on which he was admitted to bail or that that person is breaking or has broken any such other condition, the judge or magistrate may issue a warrant under his hand to arrest that person and take him before a judge of the Supreme Court.

(2) A police officer may arrest without warrant and bring before a judge of the Supreme Court any person who has been released on bail by the Supreme Court or the Court of Appeal for Bermuda�

(a) if the police officer has reasonable grounds for believing that that person is likely to break the condition that he will appear at the time and place required or any other condition on which he was admitted to bail or has rea sonable cause to suspect that that person is breaking or has broken any such other condition; or

(b) on being notified in writing by any surety for that person that the surety believes that that person is likely to break the firstmentioned condition and that, for that reason, the surety wishes to be relieved of his obligations as surety.

Revocation or extension of bail

474 Where a person is brought before a judge of the Supreme Court under section 473 the judge shall inquire into the matter and may, if of opinion after hearing evidence upon oath that that person has broken or is likely to break any condition on which he was admitted to bail, re mand him in custody or commit him to prison, as the case may require or alternatively release him on his original recognizance or on a new rec ognizance, with or without sureties, and if not of that opinion the judge shall release him on his original recognizance.

Copies of depositions

475 (1) Any person who is committed for trial or held to bail for any indictable offence is entitled to have on demand from the person who has the lawful custody thereof a copy of the depositions of the witnesses on whose depositions he had been so committed or held to bail, and of any statement or confession made by the accused party.

(2) If the demand is not made before the day appointed for the sitting, or for the commencement of the sittings, of the Supreme Court at which the trial of the person on whose behalf the demand is made is to take place, he is not entitled to have any such copy unless the Supreme Court or a judge is of opinion that the copy may be made and delivered without delay or inconvenience to the trial.

(3) The Supreme Court may postpone a trial on account of the accused person not having previously had a copy of the depositions.

(4) Any person who is committed for trial or held to bail as aforesaid after the commencement of the sitting of the Supreme Court, is entitled to have on demand a copy of such depositions of statement or confession, if he demands them before the day when the trial is to take place.

Disclosure of names of jurors to persons charged with treason etc

476 When a person is to be tried�

(a) for the offence of treason contrary to section 82; or

(b) for the offence of becoming an accessory after the fact to treason, contrary to section 83; or

(c) for the offence of failing, when he knows that any person intends to commit treason, to give information thereof with all reasonable despatch to a Justice of the Peace or to use other reasonable endeavours to prevent the com mission of the offence, contrary to section 84,

a list of the jurors returned to serve at the Session of the Supreme Court at which such person is to be tried, with their Christian names and sur names written at full length, and with the true place of abode and de scription of every juror, shall be given to him, in the presence of two credible witnesses, ten days before he is called upon to plead to the in dictment.

PART XXV

INDICTMENTS

Form of indictment

477 (1) An indictment shall be intituled with the name of the Supreme Court, and must, subject to the provisions hereinafter con tained, set forth the offence with which the accused person is charged in such manner, and with such particulars as to the alleged time and place of committing the offence, and as to the person, if any, alleged to be ag grieved, and as to the property, if any, in question, as may be necessary to inform the accused person of the nature of the charge.

(2) If any circumstance of aggravation is intended to be relied upon, it must be charged in the indictment.

(3) It is sufficient to describe an offence in the words of this Act or of the Act or Act of the Parliament of the United Kingdom declaring the offence.

(4) The place of trial shall be described as "Bermuda Islands" in the margin of the indictment.

General rules applying to contents of indictment

478 The following rules shall apply with respect to all indictments�

(a) any document or thing may be described by any name or designation by which it is usually known, and any doc ument may be described by its purport without setting out a copy or facsimile of the whole or any part of it;

(b) a trade mark may be described by that name, and any other mark may be described in any way which will indi cate its nature, without setting out a copy or facsimile of it;

(c) it is not necessary to set forth the value of any thing mentioned in an indictment unless the value is an es sential element of the offence;

(d) it is not necessary to set forth the means or instrument by which any act is done, unless the means or instru ment are or is an essential element of the offence;

(e) it is not necessary to set forth particulars as to any per son or thing which need not be proved, nor any other matter which need not be proved.

Rules relating to contents of particular indictments

479 (1) An indictment for treason must state the overt acts of the treason alleged.

(2) In an indictment for an offence which relates to giving false testimony, or to making a false statement on solemn declaration or oth erwise, or to procuring the giving of false testimony or the making of a false statement, it is not necessary to set forth the words of the oath, or engagement, or testimony, or statement, but it is sufficient to set forth the purport thereof, or so much of the purport as is material,

(3) In an indictment for an offence which relates to giving false testimony, or procuring or attempting to procure the giving of false tes timony, it is not necessary to allege the jurisdiction of the court or tri bunal before which the false testimony was given, or intended or pro posed to be given.

(4) In an indictment for an offence committed with respect to the Post Office or to the revenue of that department, or to anything un der the control of the Postmaster General, any property of which the ownership must be alleged may be alleged to be the property of the Postmaster General; and in any such case the Postmaster General may be described by that term alone, without mentioning his name or using any other addition or description.

(5) In an indictment in which it is necessary to mention money, such money may be described simply as money, without specifying any particular form of money; and such an averment, so far as regards the description of the property, will be sustained by proof that the offender obtained or dealt with any coin or anything which is included in "money" or any portion of the value of either, in such a manner as to constitute the offence, although such coin or thing was delivered to him in order that some part of the value thereof should be returned to the person who delivered the same or to some other person, and has been returned ac cordingly.

(6) In an indictment in which it is necessary to mention any co-owners of property it is sufficient to name one of such persons, adding the words "and another" or "and others", as the case may be, and to state that the property belonged to the person so named and another or oth ers, as the case may be.

(7) In an indictment against a man for an offence committed by him with respect to his wife's separate property, the property may be al leged to be the property of the wife.

(8) In an indictment for an offence relating to any property of a company which is authorized to sue and be sued in the name of a public officer, the property may be alleged to be the property of the public offi cer.

(9) In an indictment for an offence relating to any property which by any Act is to be deemed to be the property of any officer of any society or institution, the property in question may be alleged to be the property of the officer of the society or institution for the time being by his name of office.

(10) In an indictment for an offence relating to a testamentary instrument or any public record or any document deposited in any court of justice it is not necessary to allege that the instrument is the property of any person.

(11) In an indictment for an offence relating to anything fixed in a public square or street, or in a place dedicated to public use or orna ment, or to anything in or taken from a public office, it is not necessary to allege that the thing in respect of which the offence is committed is the property of any person.

(12) In an indictment for an offence relating to a document which is evidence of title to land, the document may be described as be ing evidence of the title of the person, or some one of the persons, having an estate in the land to which the document relates, the land or some part thereof being described in some manner sufficient to identify it.

(13) In an indictment for stealing a chattel or fixture let to the offender, the chattel or fixture may be described as the property of the person who actually let it to hire.

(14) In an indictment for an offence with respect to anything belonging to or in the possession or power of the Government of the United Kingdom or of the Government of Bermuda or of any branch or department of either of such Governments, or against a person employed in the public service for an offence committed with respect to anything which came into his possession by virtue of his employment the thing in question may be described as the property of Her Majesty.

(15) In an indictment for an offence respecting any property, if it is uncertain to which of two or more persons the property belonged at the time when the offence was committed, the property may be described as being the property of one or other of such persons, naming each of them, but without specifying which of them, and the indictment will be sustained, so far as regards the allegation of ownership, upon proof that at the time when the offence was committed the property belonged to one or other of such persons without ascertaining which of them.

(16) In any indictment for the offence of obtaining or procuring the delivery of anything capable of being stolen by a false pretence, and with intent to defraud, or of obtaining any property by means of a fraud ulent trick or device, or of inducing by means of any such trick or device the payment or delivery of any money or goods, or of attempting to com mit, or to procure the commission of any such offence, it is not necessary to mention the owner of the property in question,

(17) In an indictment for an offence which involves any fraud or fraudulent pretence or trick or device, it is not necessary to set forth the details of the fraud or pretence or trick or device.

(18) In an indictment for any of the offences constituted by those provisions of Part XXI which relate to offences connected with bankruptcy, it is not necessary to set forth any debt, act of bankruptcy, adjudication or other proceeding in the Supreme Court, or any order, warrant or document, made or issued by or out of, or by the authority of the Supreme Court.

Joinder of charges in indictment

480 (1) A charge or charges for any indictable offence may be joined in the same indictment with any other such charge or charges or with a charge or charges for any summary offence which may lawfully be in cluded in that indictment by virtue of section 13 and of the proviso to section 485(2)�

(a) if those charges are founded on the same act or omis sion; or

(b) if those charges are founded on separate acts or omis sions which together constitute a series of acts done or omitted to be done in the prosecution of a single pur pose; or

(c) if those charges are founded on separate acts or omis sions which together constitute a series of offences of the same or of a similar character,

but shall not otherwise be so joined:

Provided that no one count of an indictment shall charge an ac cused person with having committed two or more separate offences.

(2) Notwithstanding anything in subsection (1), where it ap pears to the Court that an accused person is likely to be prejudiced by any joinder of charges against him, the Court�

(a) may require the prosecutor to elect upon which one of the several charges he will proceed; or

(b) may direct that the trial of the accused person be had separately upon each or any of the charges.

Joinder of charges against accessories

481 A person who counsels or procures another person to commit an offence, or who aids another person in committing an offence, or who be comes an accessory after the fact to an offence, may be charged in the same indictment with the principal offender, and may be tried with him or separately, or may be indicted and tried separately, whether the prin cipal offender has or has not been convicted, or is not amenable to jus tice.

Joinder of charges connected with commission of one offence

482 Any number of persons charged with committing or with procuring the commission of the same offence, although at different times, or with being accessories after the fact to the same offence, al though at different times, may be charged with substantive offences in the same indictment, and may be tried together notwithstanding that the principal offender is not included in the same indictment, or is not amenable to justice.

Joinder of charges with respect to stealing and receiving

483 (1) In an indictment against a person for stealing money, the accused person may be charged and proceeded against for the amount of a general deficiency notwithstanding that such general deficiency is made up of any number of specific sums of money the taking of which extended over any space of time.

(2) Charges of stealing any property and of receiving the same property, or any part thereof, knowing it to have been stolen, may be joined in the same indictment.

(3) Any number of persons charged with receiving, although at different times, any property which has been obtained by means of an indictable offence or by means of an act which, if it had been done in Bermuda, would be an indictable offence and which is an offence under the laws in force in the place where it was done, or any part of any prop erty so obtained, may be charged with substantive offences in the same indictment and may be tried together notwithstanding that the person who so obtained the property is not included in the same indictment or is not amenable to justice.

Statement of previous conviction in indictment

484 In an indictment for an offence charged to have been committed after a conviction for any offence, it is sufficient, after the subsequent offence, to state the substance and effect of the indictment or informa tion, and the conviction, for the previous offence, and the time and place of such conviction.

Preferment of indictment

485 (1) Subject to this section, a bill of indictment charging any person with an indictable offence may be preferred by any person before the Supreme Court, and where a bill of indictment has been so preferred the Registrar shall, if he is satisfied that the requirements of subsection (2) have been complied with, sign the bill, and it shall thereupon become an indictment and be proceeded with accordingly:

Provided that if a judge is satisfied that such requirements have been complied with, he may, on the application of the prosecutor or of his own motion, direct the Registrar to sign the bill and the bill shall be signed accordingly.

(2) Subject as hereinafter provided, no bill of indictment charging any person with an indictable offence shall be preferred un less�

(a) the person charged has been committed for trial for the offence in pursuance of the Indictable Offences Act 1929 [title 8 item 32]; or

(b) in the case of a bill charging any person with perjury, the person charged has been committed for trial by the Supreme Court; or

Provided that�

(i) where the person charged has been committed for trial, the bill of indictment against him may include, either in substitution for or in addition to counts charging the offence for which he was committed, any counts founded on facts or evi dence disclosed in any examination or deposi tion taken in pursuance of the Indictable Of fences Act 1929 [title 8 item 32] in his presence, being counts which may lawfully be joined in
the same indictment;

(ii) a charge of a previous conviction of an offence may, notwithstanding that it was not included in the committal or in any such direction or con sent as aforesaid, be included in any bill or in dictment.

(3) If a bill of indictment preferred otherwise than in accor dance with the provisions of subsection (2) has been signed by the Reg istrar, the indictment shall be liable to be quashed:

Provided that if the bill contains several counts, and the said provisions have been complied with as respects one or more of them, those counts only that were wrongly included shall be quashed under this subsection.

(4) The Supreme Court may make rules for carrying the provi sions of this section into effect, and in particular for making provisions as to the manner in which and the time at which bills of indictment are to be preferred before the Supreme Court and the manner in which ap plication is to be made for the consent of a judge for the preferment of a bill of indictment.

(5) Nothing in this section shall affect any provision of this Act or any other Act restricting the right to prosecute in particular classes of case.

Power to issue bench warrant

486 Where it is made to appear to the Supreme Court or to a judge that it is necessary, for the furtherance of any criminal proceedings, to compel the appearance before the Supreme Court of any person�

(a) who is a person charged with an indictable offence; or

(b) who is a person convicted of an indictable offence, and in respect of whom any sentence or order imposed or made in respect of that offence has not been executed or duly carried into effect,

the Court or judge may issue a warrant to any officer of the Court or to any police officer to arrest that person and either bring him before the Court or take him before a magistrate; and if any such person is taken before a magistrate in pursuance of a warrant issued as aforesaid, the magistrate may commit him to prison until he can be brought before the Supreme Court, or may, in a proper case, admit him to bail with suffi cient sureties to appear before the Supreme Court.

Nolle prosequi

487 (1) The Attorney-General may inform the Supreme Court by writing under his hand, that the Crown will not then prefer any indict ment, or he may, by writing under his hand or announcement in open court, inform the Supreme Court that the Crown will not then proceed further upon an indictment then pending before the Supreme Court.

(2) When such information is given to the Supreme Court, the Supreme Court shall cause the accused person to be discharged from any further proceedings in respect of the charge or charges upon which the accused person was committed or, where an indictment is pending, which are contained in the indictment; but such discharge shall not op erate as a bar to any further proceedings on the same committal order within twelve months of such committal.

Formal defects in indictment

488 (1) An indictment is not open to objection by reason of the designation of any person by a name of office or other descriptive appel lation instead of by his proper name, nor for omitting to state the time at which the offence was committed, unless the time is an essential element of the offence, nor for stating imperfectly the time at which the offence was committed, nor for stating the offence to have been committed on an impossible day, or on a day that never happened or has not yet hap pened.

(2) An objection to an indictment for a formal defect apparent on its face must be taken by motion to quash the indictment before the jury is sworn and not afterwards.

Amendment of indictment

489 (1) If, on a trial of a person charged with an indictable offence, there appears to be a variance between the indictment and the evidence, or it appears that any words that ought to have been inserted in the in dictment have been omitted, or that any words that ought to have been omitted have been inserted, the Supreme Court may, if it considers that the variance, omission, or insertion is not material to the merits of the case, and that the accused person will not be prejudiced thereby in his defence on the merits, order the indictment to be amended, so far as is necessary, on such terms, if any, as to postponing the trial and directing it to be had before the same jury or another jury, as the Court may think reasonable.

(2) The indictment shall thereupon be amended in accordance with the order of the Supreme Court.

(3) When an indictment has been amended, the trial shall pro ceed, at the appointed time, upon the amended indictment, and the same consequences ensue, in all respects, and as to all persons, as if the indictment had been originally in its amended form.

(4) If it becomes necessary to draw up a formal record where an amendment has been made, the record shall be drawn up setting out the indictment as amended, and without taking any notice of the fact of the amendment having been made.

Delivery of particulars of matters alleged in indictment

490 The Supreme Court may, in any case, if it thinks fit, direct par ticulars to be delivered to the accused person of any matter alleged in the indictment, and may adjourn the trial for the purpose of such delivery.

Application of sections 477 to 490 to summary prosecutions

491 The provisions of sections 477 to 490 relating to indictments ap ply to informations preferred against offenders upon their trial before courts of summary jurisdiction.

Alternative conviction upon indictment charging offence involving circumstances of aggravation

492 Except as hereinafter stated, upon an indictment charging a per son with an offence committed with circumstances of aggravation, he may be convicted of any offence which is established by the evidence and which is constituted by any act or omission which is an element of the offence charged, with or without any of the circumstances of aggravation charged in the indictment.

Alternative conviction upon indictment charging offence involving specific result

493 (1) Upon an indictment charging a person with an offence of which the causing of some specific result is an element, he may be con victed of any offence which is established by the evidence, and of which an intent to cause that result, or a result of a similar but less injurious nature, is an element.

(2) Upon an indictment charging a person with an offence of which an intent to cause some specific result is an element, he may be convicted of any offence which is established by the evidence and of which the unlawful causing of that result is an element.

Alternative conviction upon indictment for procuring commission of offence

494 Upon an indictment charging a person with procuring the com mission of any offence, he may be convicted of procuring the commission of any other offence of such a nature that a person may be convicted of it upon an indictment charging him with committing the offence of which the accused person is alleged to have procured the commission.

Alternative conviction for attempt to commit offence

495 (1) Upon an indictment charging a person with committing any offence, he may be convicted of attempting to commit that offence, or of attempting to commit any other offence of which he might be convicted upon the indictment.

(2) Upon an indictment charging a person with procuring the commission of any offence, he may be convicted of attempting to procure the commission of that offence, or of attempting to procure the commis sion of any other offence of such a nature that a person may be con victed of it upon an indictment charging him with committing the offence of which the accused person is alleged to have procured the commission.

(3) Upon an indictment charging a person with attempting to commit any offence, he may be convicted of attempting to commit any other offence of such a nature that a person may be convicted of it upon an indictment charging him with committing the offence which the ac cused person is alleged to have attempted to commit.

(4) Upon an indictment charging a person with attempting to procure the commission of any offence, he may be convicted of attempt ing to procure the commission of any other offence of such a nature that a person may be convicted of it upon an indictment charging him with committing the offence of which the accused person is alleged to have attempted to procure the commission.

Alternative conviction where part of charge proved

496 Where a person is charged with an indictable offence, and part of the charge is not proved, but the part which is proved constitutes a dif ferent offence, then the accused person may be convicted of the offence which he is proved to have committed, although he was not charged with it.

Effect of alternative conviction

497 A person convicted under any of sections 492 to 496 (which re late to alternative convictions) is liable to the same punishment as if he had been convicted on an indictment charging him with the offence of which he is actually convicted.

Indictments for stealing and receiving stolen property

498 (1) Upon an indictment in which charges of stealing any prop erty and of receiving the same property, or any part thereof, knowing it to have been stolen, are joined in the same indictment, then the accused person may, according to the evidence, be convicted either of stealing the property or of receiving it, or any part of it, knowing it to have been stolen.

(2) When such an indictment is preferred against two or more persons, all or any of the accused persons may, according to the evi dence, be convicted either of stealing the property or of receiving it, or any part of it, knowing it to have been stolen; or, according to the evi dence, one or more of them may be convicted of stealing the property and the other or others of them of receiving it, or any part of it, knowing it to have been stolen.

Indictments for joint receiving

499 Upon an indictment charging two or more persons jointly with an offence of which the receiving of any property is an element, if the evidence establishes that one or more of them separately received any part or parts of the property under such circumstances as to constitute an offence, then such one or more of the accused persons may be con victed of the offence or offences so established by the evidence.

PART XXVI

TRIAL OF OFFENDERS

Persons committed for trial to be tried within a reasonable time

500 Subject to this Part, a person committed for trial before the Supreme Court for any indictable offence shall (if indicted for that or for some other indictable offence) be brought to trial within a reasonable time.

Adjournment of trial

501 (1) The Supreme Court may, if it thinks fit, adjourn or post pone the trial of the accused person.

(2) A trial may be adjourned or postponed at any period of the trial, whether a jury has or has not been sworn, and whether evidence has or has not been given, and if a jury has been sworn, the Court may discharge the jury.

(3) On any such adjournment or postponement the Court may direct the trial to be held upon such day as the Court may determine, and may remand the accused person accordingly, and may, in a proper case, admit him to bail, or enlarge his bail if he has already been admit ted to bail, and may enlarge the recognizances of the witnesses.

(4) In any such case the accused person is bound to attend to be tried, and the witnesses are bound to attend to give evidence, at the time and place to which the trial is adjourned or postponed without en tering into any fresh recognizances for that purpose, in the same manner as if they had respectively been originally bound by their recognizances to appear and to attend and give evidence at the time and place to which the trial is adjourned or postponed.

Delivery of copy of indictment

502 When an indictment is preferred against any person, a copy thereof shall be delivered to him without fee not less than twenty-four hours before he is called upon to plead to such indictment.

Commencement of trial; arraignment

503 (1) At the time appointed for the trial of an accused person, he shall be informed in open court of the offence with which he is charged, as set forth in the indictment, and shall be called upon to plead to the indictment, and to say whether he is guilty or not guilty of the charge.

(2) The trial is deemed to begin when he is so called upon.

Motion to quash indictment

504 (1) The accused person may before pleading apply to the Supreme Court to quash the indictment on the ground that it is calcu lated to prejudice or embarrass him in his defence to the charge, or that it is formally defective.

(2) Upon such motion the Supreme Court may quash the in dictment, or may order it to be amended in such manner as the Court thinks just, or may refuse the motion.

Misnomer

505 If the accused person says that he is wrongly named in the in dictment, the Supreme Court may, on being satisfied by affidavit or oth-
erwise of the error, order the indictment to be amended.

Pleas

506 (1) If the accused person does not apply to quash the indict ment, he must either plead to it, or demur to it on the ground that it does not disclose any offence cognizable by the Supreme Court.

(2) If the accused person pleads, he may plead�

(a) that he is guilty of the offence charged in the indictment, or, with, the consent of the Crown, of any other offence of which he might be convicted upon the indictment;

(b) that he is not guilty;

(c) that he has already been convicted upon an indictment on which he might have been convicted of the offence with which he is charged, or has already been convicted of an offence of which he might be convicted upon the indictment;

(d) that he has already been acquitted upon an indictment on which he might have been convicted of the offence with which he is charged, or has already been acquitted upon indictment of an offence of which he might be con victed upon the indictment;

(e) that he has already been tried and convicted or acquit ted of an offence committed or alleged to be committed under such circumstances that he cannot under this Act be tried for the offence charged in the indictment;

(f) that he has received the Royal Pardon for the offence charged in the indictment;

(g) that the court has no jurisdiction to try him for the of fence.

(3) Two or more pleas may be pleaded together, except that the plea of guilty cannot be pleaded with any other plea to the same charge.

(4) An accused person may plead and demur together.

Plea of autrefois convict or acquit

507 In a plea that the accused person has already been convicted or acquitted, it is sufficient to state that he has been lawfully convicted, or acquitted, as the case may be, of the offence charged in the indictment, or of the other offence of which he alleges that he has been convicted or acquitted, and, in the latter case, to describe the offence by any term by which it is commonly known.

Defence of truth of defamatory matter

508 A person charged with the unlawful publication of defamatory matter, who sets up as a defence that the defamatory matter is true and that it was for the public benefit that the publication should be made, must plead that matter specially, and may plead it with any other plea, except the plea of guilty.

Standing mute

509 If an accused person, on being called upon to plead to an in dictment will not plead or answer directly to the indictment, the Supreme Court may, if it thinks fit, order a plea of not guilty to be entered on be half of the accused person, and a plea so entered has the same effect as if it had been actually pleaded.

Plea to the jurisdiction of the court

510 Upon a plea to the jurisdiction of the court, the Supreme Court shall proceed to satisfy itself, in such manner and upon such evidence as it thinks fit, whether it has jurisdiction or not, and may ascertain the fact by the verdict of the jury or otherwise.

Demurrer

511 (1) When an accused person demurs only and does not plead any plea, the Supreme Court shall proceed to hear and determine the matter forthwith, and, if the demurrer is overruled, the accused person shall be called upon to plead to the indictment.

(2) When an accused person pleads and demurs together it is in the discretion of the Court whether the plea or the demurrer shall be first disposed of.

(3) No joinder in demurrer is necessary.

Trial by jury of issues raised

512 If the accused person pleads any plea or pleas other than a plea of guilty or a plea to the jurisdiction of the court, he is by such plea, without any further form, deemed to have demanded that the issues raised by such plea or pleas shall be tried by a jury, and is entitled to have them tried accordingly.

¹ NOTE see also Evidence Act 1905 section 27V in Title 8 Item 10

Bermuda Consolidated Legislation

Criminal Code Act 1907