Mission of Bermuda Youth Law (BYL)

Bermuda Youth Law (BYL) has been created with the aim of providing a service to Bermuda's young people to help improve their community awareness and their rights and responsibilities under the law.

BYL seeks to increase knowledge about the legal issues facing young people through presentations to community groups, schools, post secondary and law-students, law firms and to professionals working with youth.  BYL also aims to distribute public legal education and information through print and internet resources.

It is the belief of BYL that all children and youth confronting legal issues are entitled to legal advice, information and representation. Consistent with their developing capacities, we believe children and youth should be provided with all available information and choices to help them make informed decisions.

Please let us know if this website has been helpful to you or if you would like to provide feedback regarding the information available on this site.

Important Note: This should not be used instead of legal advice. If you have a legal problem, don’t just rely on this information, contact Legal Aid, Bermuda Youth Law, a community legal centre or a lawyer.

What having a conviction may mean for you...

If you have been criminally prosecuted before the courts, you are very likely to have a criminal conviction.  The exception is if the court has given you an absolute or conditional discharge.

Having a conviction is not the end of the world, but you should know what a conviction means for you and your future.

Under Bermuda law (The Rehabilitation of Offenders Act 1977), the law helps to remove some of the barriers you may face once you have been convicted of a crime.  The aims of these laws are to improve your chances of being fully rehabilitated into society and they also seek to achieve this whilst still having regard to public protection.

The law is helpful in that it treats the person as if they never committed an offence or were ever convicted of any offences after a certain time has lapsed.  When asked by anyone as to whether you have a conviction, once the time period has passed, you will normally be legally entitled to say "no".  One of the exception is in criminal proceedings.  

 

What is not a Conviction
If you have appeared before the Courts for an offence(s) and have been given an absolute discharge or a conditional discharge there will be no conviction recorded against your name.  It must be said that although you are not convicted, if you receive these sentences, they will still appear on your criminal record.  What is important however, is if you only have recorded  an absolute discharge or conditional dishcarge on your criminal record you are legally entitled to declare that you do not have any criminal convictions.  That said, a conditional discharge or absolute discharge may still prevent you from travelling to the U.S. without first obtaining a waiver. 

Offenders do not have to reveal or admit having a conviction (although there are some exceptions) if the conviction is spent. This means that a certain period time has to pass (rehabilitation period) since receiving your last conviction or from the time you were released from prison.

Some of the exceptions where you must reveal your convictions even after the rehabilitation period has passed is for employment where you will be working with children, seniors or other vulnerable adults. However, when doing so, it should be specifically stated on the application that the Rehabilitation of Offenders Act does not apply.  If you want to enter professions to be a doctor or lawyer, you will also be required to disclose all your convictions.   

Rehabilitation Period

For a conviction to become spent, a period of seven (7) years must have passed since your last conviction OR a period of seven years must have elapsed since you were released from prison after serving a certain sentences of imprisonment.

Young Offenders and the Rehabilitation Period under Bermuda law

In other countries, the rehabilitation period depends on the age of the offender, the offence, and the sentence the offender received.  In Bermuda, the seven (7) year rehabilitation period is standard and applies to adults and young offenders regardless of their offence, sentence and/or age.

What is a Spent Conviction?

Normally, all convictions eventually become spent. For example probation, suspended sentences, and some imprisonment sentences.  Absolute and Conditional Discharges do not lead to convictions, but may still be recorded on your criminal record.

What Convictions do not become spent under Bermuda law:

1.   a sentence of imprisonment for life;
2.   a sentence of imprisonment for a term of more than three (3) years; or
3.   a sentence or order of detention during Her Majesty’s Pleasure (“HMP”)

Drug Treatment Court & the Rehabilitation of Offenders
Offenders (18 years and older) who successfully complete Drug Treatment Court will be considered as ‘Rehabilitated’ under the Act and will not have to reveal or admit to the existence of their index offence.

If you are given a conditional discharge or an absolute discharge, this may still deem you ineligible from travelling to the United States unless you have a waiver (visa) as a conditional discharge and absolute discharge is still a finding or admission of guilt.

Important Notes: This information was last updated in May 2013.  This is intended as general guidance only.  It must not be regarded as a definitive interpretation of the law.  Anyone in doubt should seek legal advice.

Anti-social Behaviour Orders in Bermuda

(ASBOs)

ASBOs are issued by the court pursuant to the Parental Responsibility Act 2010 (“the Act”).  The ASBO is designed to prevent children between the ages of 10-17 years from offending or from committing more serious offences by prohibiting youngsters from doing certain things.  An ASBO can be given if you meet the following requirements:

(1) you are between the age of 10 and 17 years;

(2) you are engaging in anti-social behaviour; and

(3) the court deems it necessary to protect any member of the public from further anti-social behaviour by the you. 

What is Anti-social Behaviour?

“Anti-social behaviour” is defined under the Act as “behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household.  This behaviour need not amount to a criminal offence.

If for example you are harassing or bullying someone the police may deem you as a suitable candidate for an ASBO.  The following behaviours have also been known to be tackled by ASBOs in the United Kingdom although it is not yet clear whether these behaviours will constitute anti-social behaviours in Bermuda:

• harassment of residents or passers-by;

• verbal abuse;

• criminal damage;

• vandalism;

• noise nuisance;

• writing graffiti;

• engaging in threatening behaviour in large groups;

• racial abuse;

• smoking or drinking alcohol while under age;

• substance misuse;

• joyriding;

• begging;

• prostitution;

• kerb-crawling;

• throwing missiles;

• assault; and

• vehicle vandalism.

What an ASBO does

The ASBO may have a requirement that you refrain from going to certain places, events or buildings or prohibit you from associating with certain people.  It can include other conditions also that the court deems necessary in order to protect the public from your behaviour.

An application for an ASBO can only be made to the court by a police officer who must consult with the Department of Child & Family Services.  Before making an ASBO, the court shall obtain information on you from Child & Family Services for consideration.  An ASBO should not exceed more than two years unless the original ASBO is varied.

If you are unsure about what the ASBO is prohibiting you from doing you should seek further clarification as the court has a duty to ensure that the terms of the ASBO are clear, specific and precise and capable of being understood by you.  Any prohibitions that are too wide or general may not be valid.

Unreasonably disobeying an ASBO constitutes a criminal offence and you will be put before the courts and they can fine you up to $3,000.00 or imprison you for up to six (6) months (granted you are at least 16 years old) or you may be given both penalties.

If you wish to vary or discharge your ASBO either you, your parent/guardian or the police officer may apply to the court to have the order varied. 

By being given an ASBO you will not obtain a criminal conviction.  Only on disobeying an ASBO are you likely to be given a criminal conviction.  Please see our article on criminal convictions. 

Important Note: This information was last updated in May 2013.  This is intended as general guidance only.  It must not be regarded as a definitive interpretation of the Act.  Anyone in doubt should seek legal advice.