BVI News

Police Bill: Refusing to give name to police attracts 1 year in prison

 

Motorists who disobey lawful instructions from the police — to include refusing to disclose their identity — could face up to a year in prison under the government’s proposed Police Act of 2023.

Under the proposed legislation, it is the duty of the police to regulate and control traffic, to divert all or any particular kinds of traffic when it is in the public interest so to do, to keep order on public roads/places, and to prevent obstruction on the territories public thoroughfares.

But according to Section 24(2) of the aforementioned legislation, a person who opposes or disobeys any lawful order given by a police officer in the performance of his or her duty under this section commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year, or both.

Offenders may be arrested without a warrant and the cause of any obstruction shall be removed or caused to be removed by the police officer and sent to the police pound.

Section 25 of the same Bill further states that a person could spend 12 months in prison and/or pay a thousand-dollar fine if they refuse to give his or her name and address to an on-duty police officer who requests it.

The proposed Bill states they may also be arrested without a warrant.

These and many other provisions are outlined in the newly proposed Bill which seeks to repeal and replace the Police Act (Revised Edition 2013). It also seeks to make provisions for matters including the powers, duties and privileges of police officers; police bail and breaches, and police property.

The Bill was recently gazetted for public review.

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19 Comments

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  1. BodyCameras says:

    I don’t believe our police wear body cameras, and as such I don’t support giving them such powers. If it is even possible for an officer to fine or imprison someone on such a charge without any witnesses besides their own word of mouth then the devil is right there in the details. Just give them body cameras and if determined lawful and necessary that the person really needs to be found let the camera footage be used to identify them.

    Like 32
    Dislike 1
  2. Me says:

    This is crazy!! Alyuh try don’t pass this bill eh. Politicians…Unity Government we watching you in HOA. This is crazy man! Can’t believe it.

    Like 7
    Dislike 1
  3. @Me says:

    They think We the People are closed minded. This is One of the most ludicrous Bill (amendments) to date. Who in their Right Mind ( can’t be a Native Virgin Islander or Belonger) to penned such rubbish. World Wide LEOs(law enforcement officers) are being instructed to demonstrate transparency and ethical Police Conduct. But here they ammending or footing a Bill to give Police the Rights to abuse, misused their Oaths, terrorise Citizens and do as they please all in the name of wearing a uniform stating them be the Police. Lord have MERCY! We need help and going to be in dying need of help, upon help! LAWLESSNESS IN FULL FORCE.

    Like 9
    Dislike 2
  4. wow says:

    This new police Act is so full of controversial changes with no tangible explanation for why the police need so much power… I don’t believe the reason why we have such poor policing is because they don’t currently have enough authority to do a good job; And I not voting for any politician who support this Act. This is not China the police don’t need to have absolute authority and immunity to do good police work!

  5. lol says:

    So they don’t have to have probable cause or charge you with a crime? Even in the great over-regulated USA citizens have a right to not answer questions if they are not being charged. This is ridiculous overreach.

  6. Craziness says:

    How are the police getting all these powers, searching without warrants etc … the BVI has a constitution and these all go against them… We the people of the BVI have freedoms and this act is trying to take them.

    The Virgin Islands Constitution Order 2007 chi 19 – 19 (2) Except with his or her own consent, no person shall be subjected to the search of his or her person or property or the entry by others on his or her premises.

  7. Beyond craziness says:

    How many police officers have been found to be involved in criminal activities over the past few years. Why would anyone in their right minds think, not only is it okay to strip persons of their constitution right (including against self incrimination), but that it is somehow okay to give untrained and at times personally vindictive police officers such wide powers!
    This proposed act is also turning this police force into an armed force as police officers will also be allowed to carry guns!
    This is a bill alright and we are all going to be under the burden of paying for it.
    Why has this not gone through community meetings – why only gazetted! How many citizens has access to the gazette for goodness sake! Most persons do not even know what the gazette it, much less how to get a copy and how would they know when it was gazetted to have time to review it before tomorrow’s sitting.
    This should not be allowed to progress until the various communities have had an opportunity to meet and discuss the parts which are concerning – ie all of it!

  8. Tortola Vibes n Vice says:

    Dem big guts police need to go on the track NOW NOW NOW.

  9. God and God Alone says:

    BAh Humbug

  10. Unconstitutional says:

    You have the RIGHT to remain silent!!!

    STOP THE POLICE STATE!!!

    ***This place is not as bas they want us to believe. AS a reminder, Tortola is so nice that the former Commissioner of Police decided to buy a house here to live after his tenure.

    *Paradise!

    Signed,

    We the People

    Like 3
    Dislike 1
  11. Unvaxx 4eva says:

    Who draft this bill, that is what I want to know.

  12. Well Well says:

    So let`s just understand what’s going on. I`m at dinner, and this police sees me and think that I can’t pay for it and it should be alright for him to come and question me. When I get upset then he wants my name? why should I give it to him anyway?

    RUBBISH LAW.

  13. Bring Him says:

    Nice ! We need residents with pride in the I r living place and money I n their pocket.

    Those other folks are no use and decreases the values of everything they muck up.

    A new and improved and deserving demographics is what the VI desperately needs.

  14. Anonymous says:

    @ unvaxx I would like to know that also.

    Who really sat and said “yea, anybody who don’t give their name gets a year in prison”.

    How is that sense?

  15. Anonymous says:

    @ unvaxx I would like to know that also.

    Who really sat and said “yea, anybody who don’t give their name gets a year in prison”.

    How is that sense?

  16. Oh yeah says:

    They wear body cameras

  17. Brutality says:

    Being a police officer is a hard job, and perhaps there are frustrations that have led to this bill, but this is wrong. Put cameras on your officers. Make sure there are upholding the law, a good example of the law, and not acting above it.

  18. Madness says:

    Madness. How do you propose to police the police? Do they wear body cams? Will it be their word against outs? Imagine the amount of police victimization that will go on.

  19. Common sense says:

    One has to ask what the UK equivalent is, it would help if their version is made available to the public with the differences distinctly marked.

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