Caution Policy - PACE section 36A Guidance: Formal Police Caution The Director of Pubic Prosecutions issues the folowing Caution Guideline pursuant to PACE section 364, {to the Commissioner of Police effective 23 February 2017, ‘This Guidance i entitled “Guidance - Formal Police Caution ~ Simple Possession of Cannabis in ofthe offence under Misuse of Drugs Act 1972 section 62)". ‘Matrix System ’An offender scoring 4 or more, ater applying aggravating and ‘See Appendix_1 for Matrix | mitigating factors shall not be subject toa caution, System. ‘Rdmiation of Possession ‘caution canbe given only when an offender admits possession ofthe seized cannabis, Wan offender has a defence to the possession ofthe seized ‘cana, eg “tis not my cannabis, then a caution i not appropriate. The offender shouldbe baled to Hamiton Mag!strates Court for prosecution and tral as necessary ‘Weight of Seized Cannabis | A caution can be given anlyin respect of seled cannabis that has a weight of es than three (3) grams. ‘Other Drugs “K caution can be given only when no other controled drugs seized from the offender upon search (af person, vehicle, Premises) in connection withthe arrest for the seized cannabis. Documentation “caution canbe glen only when an offender agrees to sign the Caution Document Young Offenders {ll young offenders under the age of 18 on arrest wl be referred to Child Family Services in every case. Young offenders should be bailed to return tothe Police Staton in sb (6) months. Child & Family Services willbe invited to recommend a caution oF prosecution when the young offender answers ball “Treatment Cour Programme | An offender who sa client in the Treatment Court programmes lients ‘may be bailed to return to the Police Station in sc (6) months. ‘The matter shouldbe referred to the Trestment Court which ll be invited to recommend a caution ora prosecution when the offender answers bal,Fist arest fr simple possession cofcanmabis ble Fst Caution A ‘Second arrest for simple ossession cannabie “Thied Arrest for simple possession of cannabis, ‘Second Caution Available Third Caution Available on conditions a follows ‘Condition 1= Offender must be refered to and assessed by the Bermude Assessment and Referral Cente (BARC) which may make referrals tothe appropriate treatment. The Offender must provide 2 certificate of completion of the treatment programme as. ‘recommended by BARC ‘Condition 2~ Offender must undergo a minimum of twelve (12) hours of approved Drug Counseling and provide a "Certifcate of Drug Counseling” from counsellor within three (3} months. Drug Counseling tobe provided by an NDC approved counsllor/counseling sere. Approved counsellors/counseling services at Appendix I ‘Condition 3~ OFender shouldbe balled by Bermuda Police ta return to Hamiton Poie Staton three (3) months from date of arrest to present Certificate of Drug Counselling, Cautoning Officer wil have adlscretion to extend once only by three (3) months depencing on circumstances lness, overseas study, employment ete Fourth-or more -arrestfor simple possesion of cannabis within two (2) year of date of ‘Third Caution (er rca neds TRL ‘Condition 4- Provide certification from NOC approved counsellor ‘eounseling service thats providing the drug counseling that offender has passed a random drug test since date of offence for allcontroled arugs. No caution avaiable, fenders processed to appear in Hamion Magistrates’ Court to be prosecuted, Reclgiblityfor First Cation {Upon two (2 years passing from date of Third Caution, an offenders re-ligible fora Fst Caution Page20f3‘Appendix Matrix System Possession nanincreased | The offender was intransit penalty one as defined in the | through an increased Penalty Misuse of Drgs Act 1972. Zone according tothe Circumstances ofthe arrest Presence of unexplained cash | Under 18 years of age ‘Offender committed other | No previous convictions offences a the same tine ‘On probation, police ball or court bal ‘Appendix list of NDC Approved Counsellrs/Counslling Services ‘ASPIRE Le 505-3000, 296.6785 fona@el 42 Vitoria Steet, 2" Foor, Hamiton, HM Bermuda, Larry Mussenden Director of Public Prosecutions 23 February 2017 Page 30f3