Glossary of Legal Terms

Term Definition Abscond A failure to return to police custody after being released on Bail. Absolute Discharge This is a type of Sentence;  after you are found guilty or you plead guilty,  the Court takes no further action against you and the charge will be dismissed (although you will not be convicted, it may still be recorded on your Criminal Record). Accused A person charged with an Offence.  Also referred as the 'defendant'. Acquittal A discharge of the defendant or following a finding of not guilty. Advocate General term for a lawyer appearing in Court.  Arrest Lawful detention of a suspect, usually by a police officer. Bail The release of a Defendant from custody until their Court appearance.  The Bail may include conditions specified by the Court  that the Defendant must follow. Caution If you are arrested by the Police for a minor Offence and you accept responsibility for the Offence, the Police may give you a warning rather than Charge you. Charge A formal accusation against a person alleging he or she has committed a crime. Child & Family Services If you are between the ages of 8 and 15 and convicted of an offence that is punishable with prison, you cannot be sent to prison, but may be sent to be in the care of the Director of Child & Family Services Co-Educational Facility A prison for young people between the ages of 16 and 17. Conditional Discharge This is a type of Sentence; after you are found guilty or you plead guilty,  the charges against you will be discharged on the condition that you do not reoffend again within a certain time (although you will not be convicted, it may still be recorded on your Criminal Record) Conviction This is what will be recorded against your name if you plead guilty or are found guilty of a criminal offence. Counsel A lawyer (Barrister or Solicitor). Criminal Record When someone is found guilty of a crime, the police and the court can keep track of it in a file called a record. These records can cause problems for people for a long time.  For example, a criminal record makes it hard to get a job or travel to other countries. A criminal record may also affect a person’s immigration status, and in some cases, may even affect their family’s immigration status. Defence Lawyer This is a criminal lawyer who will defend or represent you in Court. Defendant See 'accused' Department of Public Prosecutions (DPP) Government Department responsible for prosecuting criminal cases investigated by the Police.  A Prosecutor decides whether there is enough information to take the case to Court. Duty Counsel These are lawyers present in Court when you appear for your offence.  If you do not have a lawyer, they will provide you with free legal advice. (normally, there is no Duty Counsel in Juvenile Court, however they have been appearing only recently during the plea stage) Indictable only Offence An Offence that can only be tried in Supreme Court. Justice of the Peace Another title for a Lay Magistrate. Juvenile A young person who is between 8 and 15 years old. Juvenile Court A Magistrate's Court that was created to deal with children between the ages of 8 and 15 years for Criminal Offences. Lay Magistrate This is the name given to the two persons who sit with the Magistrate in Juvenile Court. Legal Aid Is financial assistance for persons who need legal representation.  You may apply for Legal Aid or your parents may apply on your behalf if you are of a certain age. Magistrate This is the name of the Judge in Juvenile Court and Magistrate Courts. Magistrate's Court This is the lowest of the criminal courts in Bermuda and deals with the majority of criminal cases.  Offence An Offence happens when you break the law, by doing something or by failing to do something. (see Summary Offence). Plea Court This is the start of a criminal case in Court where the accused is asked to whether they will plead 'guilty' or 'not guilty' to the Offence. Plead When you appear in Court the Magistrate will ask you whether you plead guilty or not guilty.  Presumption of Innocence If you have been charged with an offence, you are presumed innocent until a Court finds you guilty. Probation This is  a type of Sentence: the maximum time is three (3) years and you will be supervised by a Probation Officer. Prosecutor This is a criminal lawyer whose duty it is to find you guilty or prosecute you. Rehabilitation Period This is the length of time that must pass from the date of your Conviction or the date you are released from prison.  Once this time has passed you don't normally have to reveal to anyone that you have a conviction. Right to Silence If you are arrested by the Police and questioned, you have the legal right to remain silent. Sentence If the Magistrate finds you guilty of breaking the law, you will be brought before the court, charged and sentenced. Social Inquiry Report If you plead guilty or found guilty, the judge will decide on a sentence and may ask the Probation Officer to give the court some background information in the form of a written report (Social Inquiry report). This takes time to prepare. The Probation Officer will then talk to you to find out about your background, and your family situation. The Probation Officer may also talk to your parents or guardian or to other people who know you. Summary Offence This type of Offence can only be tried in Magistrate's Court. Supreme Court A Court that hears criminal offences that cannot be heard in the Magistrate Court. Suspended Sentence A sentence of imprisonment which does not take effect unless the defendant commits another offence in a certain time. Triable Either-way-offence An offence that can be tried in Magistrate's Court or Supreme Court. Trial If you Plead not guilty in Court for your Offence, a trial will be held to determine if you are guilty or not guilty.  You will be questioned by the Prosecutor and witnesses could also be called.  At the end of the trial, the Magistrate will decide if you are guilty or not guilty. If the judge decides you are guilty, he or she will impose a Sentence. If the judge decides you are not guilty, you will be free to go. For more information on Young People and Bermuda's Courts please see the following link: http://www.ca.gov.bm/documents/YouthGuidetotheBermudaCourtSystemEnglish_000.pdf

       Important Notes: This information was last updated in December 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.

Aged Based Legal Rights

   In Bermuda, the age of majority is 18 years old.  That's the age when you legally become an adult and get to do things like vote in an election.  However, there are some things that you can do before you legally become an adult.

Young people in Bermuda gain the following legal rights at different ages:

Age	Right or Responsibility
8	Responsible for crimes (Criminal Responsibility)
13	Permitted to Work
16	Get a Bermuda Youth Licence to ride an auxiliary cycle (50cc)
16	Sentenced as an adult for crimes
18	Purchase Cigarettes and Tobacco

18	School leaving age

18	Vote in a national election

18	Get married (without parent's permission)

18	Obtain a licence to drive a car

18	Purchase and drink alcohol

In this section, age-based legal rights for the following activities:

School

Bermuda School Children

All children between the ages of 5 and 18 must attend school on every school day. However, you may be able to leave school earlier if you are in senior school and you have met the graduation criteria at an earlier age.

Work

It is illegal for children under 13 to work in any type of employment unless they are working for their parents and the type of work is light work.  All children between 13 and 18 shall not work during school hours nor shall they be employed for two hours or more on a day that they have attended school. Children who reach the age of 13 can work without their parent's permission.

If you are under the age of 15 years you are not permitted to be involved in any industrial work.  

If you are under the age of 18 your employer cannot employ you to work past midnight.   

Bermuda Youth Licence

Riding Test for Project Ride Program

Riding a motorbike in Bermuda is a privilege and not a right.  When you reach the age of 16 years old, you will be eligible to ride an auxiliary cycle (50 cc).  However only upon completion of the Project Ride Program arranged by Transport Control Department and obtaining your Bermuda Youth Licence will you have the legal right to ride an auxiliary cycle. 

Riding Test for Project Ride Program

Once you have obtained your Youth Licence there are some limits to the licence.  You will not be able to carry any passengers on your bike nor can you ride your bike between the hours of 1 am and 5 am.  If you violate these conditions, you could be brought before the courts fined or have your licence revoked.

You can participate in Project Ride Program as early as 6 months before you turn 16 years old.

For more Information on Project Ride visit the following websites:
http://www.bermudaroadsafety.com/index.phpoption=com_content&view=article&id=29&Itemid=154

http://www.youtube.com/watch?feature=player_embedded&v=5FSWuXeoEJs

Committing a Crime

The first time a young person aged between  8-15 does something wrong they can appear in Juvenile Court even though the Police do have a discretion to give them a caution for the first time they get into trouble  but this is no guarantee.

If it is not the first time they have been in trouble or if the offence is more serious, like carrying a knife, assaulting someone or gun crime, they will normally appear in Juvenile Court. Crimes for murder or attempted murder will be heard in an adult court.

If a young person under 16 years is convicted for their offence in Juvenile Court, they can be sentenced to an absolute discharge, a conditional discharge, probation, a fine, damages or reparation.  If it the offence is only punishable with a prison sentence, they can only be sent to be in the care of the Director of Child & Family Services.  It is unlawful to send a child between the ages of 8-15 to prison or detention.

Children who are between 16 and 17 years or older, will appear in the adult courts and will be sentenced as an adult.  However, if an offence is punishable with a prison sentence they will be sentenced to corrective training at the Co-Educational Facility which is the senor training school.   

     Important Notes: This information was last updated in March 2017.  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.