Bermuda’s legal framework apparently (currently) lacks provisions to continue disciplinary proceedings against police officers who resign or retire, effectively halting internal investigations once an officer leaves the ‘service’. While the law apparently hampers or prohibits ongoing inquiries post-departure, the language used – stating investigations are not “necessitated” – suggests room for discretion rather than a strict legal barrier.
Yet the issue is referred to as a ‘‘Glaring loophole’ (that) allows accused officers to retire‘ mentioning 8 officers who in the past five years, having been accused of misconduct have resigned or retired from the Bermuda Police Service – including a former top officer, the police commissioner Stephen Corbishley, who quit in October 2021.
For some complainants, an officer’s resignation may be seen as sufficient resolution, particularly if they believe their complaint contributed to the departure. However, this approach raises broader questions about accountability. If an officer facing serious allegations can simply step down and avoid internal scrutiny, does this undermine public trust in the system?
Criminal law may offer an alternative route in cases involving offenses such as assault, where an individual’s employment status is irrelevant to legal proceedings. Additionally, civil litigation may be a option for aggrieved parties; the prospect of personal financial liability could deter officers from leaving the protective framework of the Bermuda Police Service.
Former Premier Michael Dunkley and the Governor have emphasized a shift in focus toward “learning and improvement rather than blame and punishment.” However, genuine reform requires more than just good intentions, it demands mechanisms to ensure accountability. A system that relies solely on officers acting lawfully and reasonably, without the presence of a meaningful deterrent, risks eroding public confidence.
Prevention may indeed be better than cure, but without enforceable consequences, can the public be assured that justice is truly being served?
Read more here – Police Commissioner On BPS Discipline & More & Police review of conduct orders planned