Mr. Speaker, I rise this morning to provide this Honourable House with a brief on an innovative training seminar, conducted recently by the Department of Public Prosecutions (DPP), for government departments’ enforcement officers. This demonstrates a systemic and collaborative approach, especially in these austere times when creativity and the best use of all available resources are vital.

Mr. Speaker, there are various government departments that are able to investigate offences under specific legislation, and prepare files for consideration for prosecution by the Department of Public Prosecutions. Some of the Departments with such investigative powers are Fisheries, Animals Wardens, Parks, Waste Management and Planning who all have enforcement officers that deal with the public, and thereby investigate offences under legislative provisions in their respective remits.

Mr. Speaker, over the last year, a need was identified for non-police government departments with investigative powers, to have some training in offence investigations, case file preparation and prosecutions. The Department of Public Prosecutions and the Bermuda Police Service (“BPS”) met with the relevant department heads and developed a training seminar for the various enforcement officers who interact with the public and investigate offences.

Mr Speaker, a three (3) day training seminar was held on 14, 15, 16 October 2020 at the Police Recreation Club when 30 participants were given formal presentations and practical exercises on a range of topics to support investigations and prosecutions. The aim of the training seminar was to equip the enforcement officers with the knowledge and skills to be able to investigate cases, and prepare high quality files for Court purposes, and then to give evidence in Court.

Mr. Speaker, the scenario for the practical exercise was based on a man without a commercial fishing license selling prohibited species of fish in a public park during the summer period. A prospective buyer rode into the park on a motorcycle, having destroyed the park gate locks. This individual, with a dog on a leash, purchased the fish and littered the area, then the dog escaped, attacked and bit a member of the public who was in the park. The seminar participants then had to investigate this case, interview witnesses, take notes, seize exhibits, prepare witness statements, submit a file to the DPP’s Office, meet with prosecutors to discuss the case, and then appeared in Court at trial to give evidence for the Crown and then be cross-examined. These circumstances called upon the experience and skills of the various departments involved and contained the kinds of offences that the officers have to deal with on a regular basis.

Mr. Speaker, the BPS presented on the following topics:

1. The Peace Model – to be used for interviewing people and taking witness and caution statements

2. Types of evidence, How to capture evidence – photos, go pros, Pocket Notebooks, recording events

3. Five (5) building blocks of investigation

4. Identification evidence

5. Continuity of seized Evidence, Exhibit bags and numbers,

6. Role of Court Liaison Unit (CLU), Preparing for trial, First Appearance in Plea Court, Disclosure and trial

7. Safety Equipment worn and used by the BPS including body cameras

8. Forensic Support and investigating scenes of crimes

Mr. Speaker, the DPP’s Office presented on the following topics:

1. Overview of the Investigation and prosecution process

2. Powers of Arrest, power of entry, power of seizure, Detention, PACE

3. Case File Documents – Contents of a file

4. Courtroom Procedure

5. Drafting Charges

6. Prosecutions and Court Appearances, Role of DPP, Prosecutor

7. Charge Approval process

8. Trial process from Charge to Verdict and Sentence

9. Evidence in General, Burden and standard of proof

10. Giving evidence in court and being cross examined. Several of the DPP’s Crown Counsel played both prosecutors and defence lawyers for the practical exercises in the courtroom.

Mr. Speaker, there were guest presentations as follows:

1. Mrs. Nadine Kirkos presented on the work of the Government lab;

2. Ms. Elizabeth Christopher presented on how defense lawyers address cases.

Mr. Speaker, the Enforcements Officers and their Heads of Department were extremely pleased with the training seminar and expressed their sincere thanks to the DPP’s office personnel, and the BPS personnel on their professional presentations.

Mr. Speaker, as part of the follow-up after the seminar, the DPP’s Office and BPS have made recommendations to the participating Departments to implement various investigation and case preparation practices as well as securing investigation and safety equipment. This will allow for the departments, and their enforcement officers to be able to prepare quality files for review and prosecution.

In turn, this will result in offenders being brought to the Courts for committing a range of nuisance offences that affect the quality for life for everyone such as littering in public places such as parks and public wharfs, offending in public parks, offending against our fisheries laws designed to protect vulnerable species and marine life as well as people constructing unlawful structures on their premises much to the annoyance of their neighbors and creating unsafe environments. So members of the public, and indeed Honourable Members of this House, are to be warned that there are properly trained and equipped non-police enforcement officers in the community who are eagerly ready to investigate and prosecute offenders for relevant offences against our laws.

Mr. Speaker, similar training seminars are planned for other government departments with enforcement powers as well, in addition to annual refresher training seminars. I take this time to applaud the Office of the Director of Public Prosecutions for creatively arranging for and delivering this training. We look forward to the results.

Thank you, Mr. Speaker.