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Bermuda: DPP considering change in cannabis policy

Royal Gazette

Thursday 19 May 2016

Cannabis users could soon be given a formal police caution rather than the threat of prosecution, according to newly-appointed Director of Public Prosecutions Larry Mussenden. Mr Mussenden said he was considering the change after Government passed the Police and Criminal Evidence Amendment Act 2016.

In a statement released this afternoon, Mr Mussenden said: “I am now considering issuing a formal caution guidance in respect of simple possession of cannabis. I have started some research on a guidance for simple possession of cannabis (i.e. below a certain weight to be determined).

“I am consulting various stakeholders on the matter and I will review any previous guidance issued in relation to cautions. I welcome the views of the general public on the subject and what a caution policy could look like to them.

“No decisions have been made yet and I make no commitment to anyone that their view will be all or part of any guidance.”

Mr Mussenden said he welcomed public input on the following points:

• Determining if and why cautions should be granted at all for simple possession of cannabis

• Blanket policy — formal cautions issued for all simple possession of cannabis

• One pass policy — formal caution issued for first offence for simple possession; second and subsequent offence results in a prosecution in Magistrates’ Court

• Three strikes policy — formal caution for first and second offences; third offence results in a prosecution in Magistrates’ Court

• Education component — defendant has to take a short education course on risks of smoking cannabis before a caution is issued

• Should age and no previous offence be a factor in issuing a caution

“I am interested in the views of the general public who have wide ranging experiences involving simple possession of cannabis and the effect on their lives of arrests, convictions and travel issues,” continued Mr Mussenden.

“I welcome any written comments and submissions by June 10, 2016 (3 weeks). Submissions can be submitted by e-mail to dpp@gov.bm or dropped off or mailed to Department of Public Prosecutions, 2nd Floor Global House, 43 Church St., Hamilton.

“After proper consideration of all relevant information, in due course I will make a decision in respect of a formal caution guidance.”

http://www.royalgazette.com/news/article/20160519/dpp-considering-change-in-cannabis-policy

 

 

 

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