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.

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.