Criminal Code Amendment (No. 2) Act

What this bill does

This bill makes three main changes to Bermuda's criminal justice system. It gives judges more flexibility when deciding whether to order psychological reports for certain offenders, makes jury selection fairer by giving both the prosecution and defense the same number of challenges, and removes the outdated power for courts to order all-male juries.

If passed (voted YES)

• Judges will have discretion to decide if a psychological report is needed before sentencing someone for serious violent crimes, rather than being required to order one
• Both the prosecution and defense will get the same number of chances to reject potential jurors without giving a reason (3-5 challenges each depending on the crime)
• Courts will no longer be able to order all-male juries, even in cases involving sensitive or sexual matters

If rejected (voted NO)

• Judges will still be required to automatically order psychological reports before sentencing people convicted of serious violent offenses
• The prosecution will continue to have more power than the defense during jury selection, creating an unequal system
• Courts will retain the legal ability to order all-male juries in certain cases, though this practice is likely outdated

Who it affects

This primarily affects people accused of crimes going through Bermuda's court system, as well as potential jurors called for jury duty. It also impacts judges, prosecutors, and defense lawyers by changing how they conduct trials and sentencing procedures.