The Government has tabled the Justice and Community Safety Reform Act 2026, a Bill designed to strengthen Bermuda’s justice system, support the prosecution of serious crime, protect those who serve the public and improve accountability around bail.
The Bill was tabled on Friday in the House of Assembly by the Premier, the Hon. David Burt, JP, MP, on behalf of the Attorney-General and Minister of Justice, Sen. the Hon. Kim Wilkerson, JP.
Now that it has been tabled, it is expected to be debated in the House of Assembly in the coming weeks.
If passed, the legislation would amend three key areas of Bermuda’s criminal law by strengthening the protection of witnesses, creating new offences related to assaults and intimidation against justice officials and Members of the Legislature, and strengthening the consequences and review mechanisms attached to bail.
Minister Wilkerson said the Bill is aimed at giving the courts, prosecutors and law enforcement stronger tools to respond to serious and gang-related crime, while preserving fairness and judicial oversight.
She explained: “Through this legislation, we are providing practical tools to strengthen investigations, support criminal trials and protect the public.
“In too many serious cases, particularly gang-related cases and murders, witnesses may be reluctant to come forward because they fear harm to themselves or to their families. We cannot allow fear to silence the truth, and we cannot say that because the problem is difficult, we should do nothing.”
A central feature of the Bill is the proposed creation of investigation anonymity orders and witness anonymity orders.
These would allow the court, in appropriate circumstances, to protect the identity of a person assisting a serious investigation or giving evidence at trial.
The Minister stressed that such orders would not be automatic and would remain under the control of the courts.
She noted: “These are important tools, but they are not automatic. There will be a high degree of judicial scrutiny before an anonymity order can be granted.
“The court must be satisfied that the order is necessary, including where there is a real risk of death or bodily harm, and that it is balanced against the rights of the defendant.”
She further stated: “A defendant remains entitled to the presumption of innocence. The court will have to consider the defendant’s right to know the identity of a witness, the credibility of the evidence and whether that evidence is the sole or decisive evidence in the case. This Bill seeks to create that necessary balance between protecting witnesses and preserving the right to a fair trial.”
The proposed legislation also creates new offences of assaulting or intimidating a judicial officer, prosecutor or Member of the Legislature, whether the person is targeted while carrying out official duties or because of the office they hold.
This aspect of the Bill follows recent public concern about threats against prosecutors and judicial officers.
Minister Wilkerson said the Government has moved to respond through legislation.
She commented: “It is critically important to this Government that members of the judiciary, prosecutors and those who uphold the rule of law can carry out their work without fear.
“Concerns around judicial safety have been highlighted very recently, and this Bill provides a prompt legislative response to those concerns.
“We cannot uphold the rule of law, nor maintain Bermuda as a jurisdiction above reproach, if there is no respect for the judiciary and for the ability of judicial officers and prosecutors to carry out their duties safely and independently.”
The third major element of the Bill concerns bail. If passed, the legislation would make the wilful breach of a bail condition a criminal offence and introduce a right to refer a bail decision of the Magistrates’ Court to the Supreme Court for reconsideration. That right would be available to both the prosecution and the defence.
The Minister said: “The public often asks how someone who is already on bail can be before the courts again for another serious matter.
“This Bill gives prosecutors the ability to refer a Magistrates’ Court bail decision to the Supreme Court for reconsideration. It does not mean the referral will automatically succeed, but it provides a clear legal route to challenge bail decisions where appropriate.”
The proposed legislation has been developed following consultation with key stakeholders, including the judiciary, the Director of Public Prosecutions, the Bermuda Bar Association and the criminal bar. The Attorney-General said feedback received during that process resulted in modifications to the proposed legislation.
She emphasised: “The people of Bermuda have made clear that they want this cycle of violence broken. This latest effort is part of how the Government is answering that call, firmly but fairly.”
*For the convenience of broadcast and digital media outlets, an audio soundbite of the Minister explaining the intention of the bill is attached to this media release.