Criminal Code Act 1907 - Bermuda Laws

1 FAERNATFTQUOUBERMUDACRIMINAL CODE ACT 19071907 : 13 TABLE OF CONTENTSDIVISION IGENERAL PROVISIONS RELATING TO Criminal LAWPART IINTRODUCTORYC itation and arrangement of ActCitationArrangement of Act [omitted]Interpretation and constructionInterpretationConstruction of on conviction on indictment Construction of on summary conviction etcCarnal knowledgeArrest without warrantConstruction of ActsSaving for other Acts, the Royal Prerogative etcSaving for other ActsSaving for Royal PrerogativeSaving for powers of Supreme Court with respect to contempt of courtPART IICLASSIFICATION OF offences : APPLICATION OF Criminal LAW: PARTIES TOOFFENCES: ATTEMPTS ETC TO COMMIT OFFENCESC onstitution and classification of offencesDefinition of offence1234567891011121 Criminal CODE ACT 1907 Jurisdiction in respect of various offencesClassification of unclassified indictable offences constituted by other ActsApplication of Criminal lawApplication of general provisions of this ActRestriction on liability to trial and punishment in Bermuda for indictable offencesEffect of changes in lawTrial in certain cases of homicideOffences procured or counselled by persons out of BermudaOffences procured in Bermuda to be committed out of BermudaOffender may be prosecuted under this Act or some other not to be twice punished for same offenceFormer conviction or acquittalRelation of civil actions to Criminal lawCivil remediesEffect of conviction in respect of offence relating to property on civil proceedingsetcParties to offencesPrincipal offendersOffences committed in prosecution of common purposeMode of execution

2 ImmaterialAccessories after the factAttempts and incitements to commit offencesElements of attempt to commit offenceAttempt to commit offenceAttempt to procure etc commission of offenceInstructing a person who participates in an unlawful gang to commit an offencePART IIICRIMINAL RESPONSIBILITYA pplication of Part IIII gnorance of law no excuseAccident etcMotiveMistake of factExtraordinary emergenciesPresumption of sanityInsanityIntoxicationIntention in relation to intoxicationImmature ageJudicial officersActs done in execution etc of provision of lawActs done in resistance to violence13141517181920212223242526272829 3031323333A34353637383940414243444546472 Criminal CODE ACT 1907 Acts done for purpose of self-preservationCompulsion of husbandNo conspiracy between husband and wife aloneCriminal responsibility of husband and wife for acts done by either with respectto the other s propertyOffences by partners and members of companies with respect to partnership orcorporate IVPURPOSE AND PRINCIPLES OF SENTENCINGP urposeFundamental principleImprisonment to be imposed only after consideration of alternativesPUNISHMENT - GENERAL PROVISIONSC onstruction of statutory provisions relating to punishmentsDetermination of sentenceTime in custody to be taken into accountTime at large to be excluded from term of imprisonmentCommencement of sentencePROCEDURE AND EVIDENCES entencing proceedingsPresentence report by probation officerVictim impact statementEvidence relevant to determination of sentenceOther offences taken into considerationOffender may speak to sentenceReasons for sentenceDRUG TREATMENT PROGRAMMESDrug treatment programmesMENTAL HEALTH TREATMENT PROGRAMMEM ental Health Treatment ProgrammeAdditional provisions applying to the Mental Health Treatment ProgrammeDISCHARGEC onditional and absolute dischargePROBATIONM aking of probation orderCompulsory conditionsOptional conditions of probation orderProbation orderBreach of

3 Requirement of probation orderPresentence report4849505152535455565758596061626364 6566676868A68B697070A70B70C70CA70D3 Criminal CODE ACT 1907 Appointment, functions etc of probation officersFINESF inesFines on corporationsRESTITUTION, REPARATION AND DEPRIVATIONR estitutionReparationDeprivation OrdersIMPRISONMENTC alculation of terms of imprisonmentUnlawful gang and unlawful gang activity - interpretationUnlawful gang activity - increased penaltySuspended sentence of imprisonmentIntermittent sentencesEffect of escape on punishmentTRAINING, EDUCATIONAL AND REHABILITATION PROGRAMMES IN PRISONP rison programmesPAROLELife sentencesEligibility for parole generallyEligibility for parole, persons under 18 convicted of murderRelease on licence subject to completion of mandated programmesConditions for paroleLiability to arrest for breach of parole conditionsException of probation orders etc made by Family Courts from provisions of thisAct [repealed]Power to make community service orderObligations of person subject to community service orderBreach of requirement of community service orderAmendment and revocation of community service order.

4 And substitution of othersentenceSentencing of dangerous offenderPolice supervision of persistent offendersEffect of pardonEffect of endurance of punishment for offenceEffect of summary conviction for indictable offencesPART VGENERAL PUNISHMENTSP unishment for felony where no special punishment providedPunishment for attempt to commit felony where no special punishment provided70E70F70G70H70I70IA70J70JA70JB70 K70L70M70N70O70P70Q70QA70R70S7171A71B71C 71D71E7273747576774 Criminal CODE ACT 1907 Punishment for attempt to commit indictable offence where no special punishmentprovidedPunishment for attempt to commit summary offencePunishment for being accessory after the fact to felonyPunishment for being accessory after the fact to misdemeanourDIVISION IIOFFENCES AGAINST PUBLIC AUTHORITY AND PUBLIC POLICYPART VITREASON, MUTINY AND SEDITIONT reasonAccessory after the fact to treasonConcealment of treasonTreasonable feloniesTwo witnesses necessaryOvert actInciting to mutinyPrisoner of war definedAssisting escape of prisoners of warHarbouring, concealing, etc prisoners of warObstructing search of vessel for prisoner of warInterpretation for purposes of sections 94 to 96 Punishment for offences relating to seditionEffect of prosecutionDefamation of Foreign Heads of StatePART VIIOFFENCES AGAINST PUBLIC AUTHORITY, PUBLIC ORDER, THE ADMINISTRATION OFJUSTICE, PERSONAL LIBERTY ETCI nterference with Governor or MinistersConstitution of offences relating to unlawful assembly and riotUnlawful assemblyRiotMaking of proclamationOffences in connection with making of proclamation and remaining assembledafter proclamationRioters demolishing buildings etcRioters injuring buildings.

5 Machinery etcGoing armed in public so as to cause terrorForcible entry on landForcible detainer of landAffrayChallenge to fight a duelPrize fightDispersal of groups and removal of persons under 17 to their place of residenceAuthorisations under section 110A: supplemental provisionsPowers under section 110A: supplemental7879808182838485868788899091 9293949596979899100101102103104105106107 108109110110A110B110C5 Criminal CODE ACT 1907 Official corruptionExtortion by public officersFalse claims by public officersAdministering extrajudicial oathsDefinition of judicial proceedingJudicial corruptionOfficial corruption not judicial but relating to offencesCorrupting or threatening jurorsCorrupting or threatening a holder of a judicial office or law enforcement officialPerjuryPunishment of perjury; evidenceSummary committal for trial in connection with perjury appearing to have beencommitted before Supreme CourtFalse statements tendered in evidenceFabricating evidenceContradictory statements with intent to misleadCorruption of witnesses.

6 Preventing witnesses from attending court etcIntimidating a witness an offenceInsulting a witness an offenceDestroying evidenceConspiring to bring false accusationConspiring to defeat justiceCompounding felonyAdvertising a reward for the return of stolen propertyDelaying taking of prisoner arrested before JusticeEffecting a public mischief[repealed]Attempting to pervert course of justiceRescue from lawful custodyEscaping from lawful custodyAiding escape from lawful custodyPolice officer wilfully permitting escapePolice officer negligently permitting escapeHarbouring escaped prisonersMaking false statement under oath or solemn declarationMaking false declarations and statementsObstructing officers of courtsResisting etc public officersFalse information to person employed in the public serviceRefusal by public officers to perform dutyNeglect by public officers to suppress riot; neglecting to aid in suppressing riotNeglecting to aid in arresting offendersDisobeying Act or Act of Parliament of United KingdomDisobeying lawful order issued by constituted authorityInterfering with political libertyDisturbing religious worshipCommon nuisances111112113114115116117118118A119 120121122123124125125A125B12612712812913 0131132133134135136137138139140141142143 1441451461471481491501511521536 Criminal CODE ACT 1907 Keeping brothel etcKeeping common gaming houseActing as keeper of brothel or gaming housePART VIIIPIRACYD efinition of piracy in generalFurther definition of piratesPunishment of piracyAttempted piracy with personal violenceAiding piratesHijacking aircraftPart IXCOUNTERFEITING AND KINDRED OFFENCESI nterpretation of Part IXMeaning of currency note and protected coin OffencesOffences of counterfeiting notes and coinsOffences of passing etc.

7 Counterfeit notes and coinsOffences involving the custody or control of counterfeit notes and coinsOffences involving the making or custody or control of counterfeiting materials andimplementsThe offence of reproducing Bermuda currency notesOffences of making etc. imitation Bermuda coinsProhibition of importation and exportation of counterfeitsProhibition of importation of counterfeit notes and coinsProhibition of exportation of counterfeit notes and coinsPenalties for offences under Part IXPowers of search, forfeiture, etc. liabilityPower of arrestPART XOFFENCES AGAINST MORALITYI nterpretation of Part XJurisdiction in cases of offences against a child committed abroadUnlawful anal intercourse; attemptsUnnatural offences with animals; attemptsCommission etc of acts of gross indecency between male persons [repealed]Carnal knowledge of girl under 14 years of age; attempts; alternative convictionsof other offencesUnlawful carnal knowledge of girl between 14 and 16 years of age.

8 AttemptsHouseholder permitting unlawful carnal knowledge of child on his premisesSexual exploitation of young person1541551561571581591601611621631641 65166167168169170171172173174175176A176B 177178179180181182182A7 Criminal CODE ACT 1907 Sexual exploitation of young person by a person in a position of trustShowing child abusive material, child pornography or offensive material to a childUse of children in the production of child abusive material or child pornographyLuringLuring of young person by a person in a position of trustMaking, distributing, etc. of child abusive material or child pornographyProcuring child to participate in pornographic performancesPossession of child abusive material or child pornographyAccessing child abusive material or child pornographyAttendance at pornographic performance involving a childDefencesOffence by Director and OfficerProsecution of offencesIntercourse with person with severe mental impairmentProcuration; attemptsProcuring unlawful carnal connection of person by threats, or fraud, or byadministering drugs.

9 AttemptsObtaining prostitution from childLiving on earnings of prostitutionExercising control over person with a view to prostitutionAbduction of child with intent to have carnal knowledgeConspiring to induce permission to have carnal knowledgeAge and consent in certain casesIncestIncest by woman [repealed]Test of relationshipAdministering drugs etc with intent to procure miscarriageAttempt by woman to procure own miscarriageSupplying drugs or instruments to procure miscarriageMedical termination of pregnancyNotice by Chief Medical Officer to inform him whether certificate authorizingtermination of pregnancy has been issuedProhibition against disclosure of informationInterpretationDoing indecent acts in public or with intent to offend etcActs of indecency involving childrenActs intruding upon the privacy of child or other personObservations or recordings in breach of privacyDistributing intimate imagesDistributing prohibited visual recordingsThreats to distribute intimate image or prohibited visual recordingRectification order offence against section 199A, 199B.

10 199C or 199 DIndecent show etcRacial harassmentRacial intimidationPART XIOFFENCES RELATING TO MARRIAGE AND TO PARENTAL RIGHTS AND DUTIES182B182C182D182E182EA182F182FA182G 182H182HA182I182J182K183184185185A186187 188189190191192193194195196196A196B196C1 96D197198199199A199B199C199D199E200200A2 00B8 Criminal CODE ACT 1907 BigamyAbducting childTaking away etc child under 14 years of ageDeserting child under 14 years of agePART XIIDEFAMATIONI nterpretation and construction of Part XIIQ uestions of fact and law with respect to defamationPublication of defamatory matter prima facie unlawfulAbsolute protection: proceedings in courts of justice and at inquiriesAbsolute protection: reports of official inquiriesProtection: reports of matter of public interestProtection: fair commentProtection: truthQualified protection: excuseUnlawfully publishing defamatory matterPublishing or threatening to publish defamatory matter with intent to extortproperty etcDefence in case defamation by words, sounds, signs, signals or gesturesLiability of proprietor, publisher and editor of periodicalProtection of innocent seller of periodicals.