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.

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.

Cannabis Possession

It is against the law for a person to be in possession of any amount of cannabis.  If you are caught breaking this law you can be criminally prosecuted.

Cannabis, like alcohol is a drug that young people often experiment with.  However, unlike alcohol, cannabis is illegal.  Cannabis use amongst teens and young people has long been a concern for parents and the community.  Unfortunately, experimentation with any illegal drugs can have serious health and social consequences and cannabis use, in particular has been known to lead to the use of more ‘hard’ drugs. 

Since teens have been known to be ‘risk takers’ if you are caught with cannabis the consequences can be detrimental.   In the wave of violent crime, the police have recently been afforded new stop and search powers which was the topic of discussion at a public forum held by the Centre for Justice as well as on radio talks shows.  With the increase in gun violence and unsolved murders, the police have had to crack down hard on reducing gun crime and solving crime. 

Young Person being stopped and searched

For these reasons, you may be stopped and searched under the new police and search powers.  But you are not involved in gun crimes so you need not be concerned, right?  That may be the case, but one of the unintended consequences of the police searches is that there is a rise of young people being caught with possession of cannabis regardless of the amount.  Therefore if you as a young person is arrested for possession of cannabis, you risk facing criminal consequences. 

One of the consequences is a criminal conviction.  Under the Young Offenders Act 1950 s.4, it is important to note that a person as young as 8 years of age can be convicted of a crime, although children between the ages of 8-13 will only be convicted it if it is proven that they had the mental capability to commit a crime at the time, otherwise children 14 and over will be deemed to have the capacity to commit a crime.

Once convicted, you will carry the burden of a criminal record.  You will have to answer “yes” when asked if you have ever been convicted of a crime on all future employment and college applications.  If you have attained the age of 16 years, on your conviction your name, photo, address and the school you attend will appear in the newspaper which can tarnish your reputation in such a small community.  In Bermuda, there is the likelihood that your name will also be added to the US stop list which will prevent you from entering the Unites States even to attend college or receive medical treatment.   And the above penalties are for a first time offence.

That said, it is understood that the police do have the discretion to deal with the possession of 3 grams of cannabis or less outside of the criminal justice system, but this is at their sole discretion.  Further, the courts have in the past been known to throw out cases of possession of small quantities of cannabis, but this is no guarantee.  Also Government is looking to introduce pre-court measures for persons caught with small amounts of cannabis so as to avoid being convicted.  However until this change transpires, it is important to note that possession of any amount of cannabis continues to be illegal. 

Although having your reputation tarnished is an inconvenience, probably the most difficult part of cannabis possession is the criminal conviction. If you have been arrested for possession of cannabis, it is extremely important that your parents contact an experienced defence lawyer for help. It would be very unfortunate for such an event to have a substantial impact on your future.

Important Note: This information was last updated in November 2012.  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.