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,

Bermuda Consolidated Legislation

Criminal Code Act 1907