DOCSLIB.ORG

Criminal Procedure Code [Ch.91 – 1

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Criminal Procedure Code [Ch.91 – 1 CRIMINAL PROCEDURE CODE [CH.91 – 1 CRIMINAL PROCEDURE CODE CHAPTER 91 CRIMINAL PROCEDURE CODE LIST OF AUTHORISED PAGES 1 – 2 LRO 1/2010 73 – 80 LRO 1/2008 3 – 6 Original 81 – 92 Original 7 – 8 LRO 1/2006 93 – 96 LRO 1/2010 9 – 10 LRO 1/2010 97 – 100 LRO 1/2006 11 – 12 LRO 1/2002 101 – 106 Original 13 – 20 Original 107 – 108 LRO 1/2006 21 – 24 LRO 1/2006 109 – 116 Original 25 – 40 Original 117 – 118 LRO 1/2006 41 – 42 LRO 1/2006 119 – 120 Original 43 – 72 Original 121 – 122 LRO 1/2010 ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION 1. Short title. 2. Interpretation. 3. Inquiry into and trial of offences. PART II POWER OF COURTS 4. General power to try offences. 5. Cases in which jurisdiction is specifically conferred by certain laws. 6. Sentences which the Supreme Court may pass. 7. Sentences which magistrates’ court may pass. 8. Combination of sentences. 9. Sentences in cases of conviction of several offences. 10. Sentencing guidelines. PART III GENERAL PROVISIONS RELATING TO ARREST, RECOGNISANCES AND SURETIES 11. Arrest. 12. Search of place entered by person sought to be arrested. 13. Power to break out of house or other place for purpose of liberation. 14. No unnecessary restraint. 15. Search of arrested persons. 16. Mode of searching women. LRO 1/2010 STATUTE LAW OF THE BAHAMAS CH.91 – 2] CRIMINAL PROCEDURE CODE 17. Power to seize offensive weapons. 18. Disposal of persons arrested without warrant by peace officer. 19. Detention of accused persons during investigations. 20. Arrest by person other than peace officer. 21. Offence committed in presence of magistrate. 22. Recapture of person escaping. 23. Particulars to be contained in recognisances. 24. Notice of recognisances. 25. Proof of sufficiency. 26. Estreating recognisances conditioned for appearance. 27. Estreating recognisances conditioned for keeping the peace or doing some act or thing. 28. Payment of sums forfeited. 29. Rules as to securities. 30. How forfeited security is to be realised in the case of a surety. 31. How forfeited security given by a principal on conviction to be recovered. 32. Surety may recover as civil debt from principal any sum paid under security. 33. Securities to be realised before other steps are taken. 34. Recognisance taken out of court. PART IV GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS 35. Authority of Supreme Court and magistrates’ court and general validity of judicial processes. 36. Powers of Supreme Court in certain cases. 37. Place and dates of sessions of the Supreme Court. 38. Ordinary place of inquiry or trial by magistrate’s court. 39. Accused person may be sent to the district in which offence alleged to have been committed. 40. Removal of accused persons under warrant. 41. Trial or inquiry at place where act done or where consequences of offence ensue. 42. Trial or inquiry where offence is connected with another offence. 43. Trial or inquiry where place of offence is uncertain. 44. Offence committed on a journey. 45. Supreme Court to decide in cases of doubt. 46. Court to be open. 47. Hearing in camera. 48. Transfer of complaint to another magistrate’s court. 49. Procedure when a magistrate considers that he ought not to hear a case brought before him. 50. Transfer of complaint. 51. Power of a judge to order transfer of proceedings. 52. Power of Attorney-General to enter nolle prosequi. 53. Notice of nolle prosequi to be given by Registrar. 54. Delegation of powers by Attorney-General. 55. Authority to conduct prosecutions on behalf of the Crown, etc. 56. Ultimate control of conduct of all prosecutions vested in Attorney-General. 57. Conduct of private prosecutions. 58. Complaint and charge. 59. Issue of summons or warrant. STATUTE LAW OF THE BAHAMAS LRO 1/2010 CRIMINAL PROCEDURE CODE [CH.91 – 3 CRIMINAL PROCEDURE CODE 60. Form, validity and execution of warrants of arrest. 61. Court may direct security to be taken. 62. Procedure when arrest is made out of district. 63. Service of summons. 64. Service on company. 65. Proof of service of summons. 66. Special procedure in respect of certain offences. 67. If summons disobeyed, warrant may issue. 68. Power to take bond for appearance. 69. Court may order prisoner to be brought before it. 70. Search warrants. 71. Execution of search warrants. 72. Retention and disposal of property seized under search warrant. 73. Offence to be specified in charge or information. 74. Joinder of counts in charge or information. 75. Joinder of two or more accused in one charge or information. 76. Rules for the framing of charges and information. 77. Persons convicted or acquitted not to be tried again for same offence. 78. A person may be tried again for separate offence. 79. Consequences supervening or not known at time of former trial. 80. Where original court was not competent to try subsequent charge. 81. Proof of previous conviction. 82. Summons for witness. 83. Warrant for witness who disobeys summons. 84. Warrant for witness in first instance. 85. Mode of dealing with witness arrested under warrant. 86. Power of court to order prisoner to be brought up for examination. 87. Penalty for non-attendance of witness. 88. Power to summon material witness or examine person present. 89. Evidence to be given on oath. 90. Refractory witness. 91. Calling of husband or wife as witness. 92. Issue of commission for examination of witness. 93. Parties may examine witnesses. 94. Return of commission. 95. Adjournment of trial or inquiry. 96. Competency of witnesses in criminal cases. 97. Procedure where person charged is the only witness called. 98. Right of reply. 99. Court to inquire into suspected incapacity of accused. 100. Procedure when accused found insane during proceedings. 101. Defence of lunacy at preliminary investigation. 102. Resumption of proceedings if accused ceases to be incapable. 103. Prima facie evidence of accused may be given by certificate. 104. Provisions relating to the taking of evidence. 105. Recording of evidence. 106. Mode of delivering judgment. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.91 – 4] CRIMINAL PROCEDURE CODE 107. Magistrate may deliver judgment prepared by predecessor. 108. Contents of judgment in summary trial. 109. Accused person entitled to copy of judgment on application. 110. Costs in criminal cases. 111. Order of magistrate for payment for costs appealable. 112. Property found on accused person. 113. Restitution of stolen property after conviction. 114. Conviction in case of variance between evidence and offence charged. 115. Accused persons entitled to be present at trial and may be represented by legal practitioner. PART V PROVISIONS RELATING TO PRELIMINARY INQUIRIES INCLUDING THE USE OF EXPERT DOCUMENTARY EVIDENCE THEREAT AND IN OTHER CRIMINAL PROCEEDINGS 116. Power to commit for trial. 117. Court to hold preliminary inquiry. 118. Magistrate to read charge to accused and explain purpose of the proceedings. 119. Taking of depositions. 120. Admission or evidence of certain reports and plans. 121. Variance between evidence and charge. 122. Remand. 123. Provisions as to taking statements or evidence of accused persons. 124. Evidence and address of defence. 125. Discharge of accused persons. 126. Summary adjudication in certain cases. 127. Committal for trial. 128. Complainant and witnesses to be bound over. 129. Refusal to be bound over. 130. Accused person entitled to copy of depositions. 131. Binding over of witnesses conditionally. 132. Deposition of witness who is ill or about to leave The Bahamas. 133. Notice to be given. 134. Magistrate to deal with the deposition like any other deposition. 135. Such deposition to be admissible in evidence. 136. Accused to have same privileges as prosecutor under section 135. 137. Transmission of records to Supreme Court and Attorney-General. 138. Power for the Attorney- General to refer case back to magistrate for further preliminary inquiry. 139. Power for the Attorney-General to refer back case to be dealt with summarily. 140. Further provisions as to referring back of case. 141. Mode of trial upon committal to the Supreme Court and preferment of information. 142. Notice of trial. 143. Service of copy of information and notice of trial. 144. Postponement of trial. STATUTE LAW OF THE BAHAMAS [Original Service 2001] CRIMINAL PROCEDURE CODE [CH.91 – 5 PART VI PROCEDURE IN TRIALS BEFORE THE SUPREME COURT 145. Practice of Supreme Court in the exercise of its criminal jurisdiction. 146. Bench warrant where accused does not appear. 147. Bringing up prisoner for trial. 148. Arraignment of accused. 149. Objection to information on grounds of insufficiency of particulars. 150. Amendment of information, separate trial and postponement of trial. 151. Quashing of information. 152. Charge of previous conviction. 153. Abolition of pleas in abatement. 154. Pleading to the information. 155. Refusal or incapacity to plead. 156. Proceedings when plea made. 157. Special pleas allowed to be pleaded. 158. General effect of pleas of autrefois acquit and convict. 159. Effect where previous offence charged was without aggravation. 160. Use of depositions, etc. on former trial, or trial of special plea. 161. Pleas of justification in case of libel. 162. Power to postpone or adjourn trial. 163. Procedure relating to jurors. 164. Case for the prosecution. 165. Giving prisoner in charge of the jury. 166. Additional witnesses for the prosecution. 167. Cross-examination of prosecution witnesses. 168. Depositions may be read in certain cases. 169. Statement of accused. 170. Close of case for prosecution. 171. Case for the defence. 172. Additional witnesses for the defence. 173. Notice of alibi. 174. When accused unrepresented calls no evidence. 175. Where accused adduces no evidence. 176. Order of speeches. 177. Court may require witness to be called. 178. Recalling a witness.
Load more

Recommended publications
  • Bahamas National Trust [Ch.391 – 1
    THE BAHAMAS NATIONAL TRUST [CH.391 – 1 THE BAHAMAS NATIONAL TRUST CHAPTER 391 THE BAHAMAS NATIONAL TRUST ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Incorporation of Bahamas National Trust. 4. General purposes of Bahamas National Trust. 5. Bahamas National Trust not to divide profits among its members. 6. Constitution of Bahamas National Trust. 7. Subscriptions. 8. As to liability of members. 9. General meetings. 10. Establishment of Council. 11. Supply of casual vacancies in council. 12. Powers and proceedings of council. 13. Secretary and registered office. 14. Certain property of Trust to be inalienable. 15. Power to raise money. 16. Power to obtain professional services. 17. Appointment of receiver. 18. Accounts. 19. Audit. 20. Application of revenue. 21. Capital. 22. Power to charge for admission to Trust property. 23. Arrangements with local authorities and others. 24. Bylaws. 25. Constabulary. 26. The seal. 27. Bylaws to be exhibited. 28. Saving of rights. 29. Copy of Act to be registered. 30. Costs of Act. FIRST SCHEDULE — Regulations Governing General Meetings. SECOND SCHEDULE — Authorised Investments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS THE BAHAMAS NATIONAL TRUST [CH.391 – 3 CHAPTER 391 THE BAHAMAS NATIONAL TRUST An Act to incorporate and confer powers upon The 21 of 1959 49 of 1961 Bahamas National Trust for Places of Historic Interest or E.L.A.O., 1974 Natural Beauty. 5 of 1987 [Commencement 13th July, 1959] 1. This Act may be cited as the Bahamas National Short title. Trust Act. 2. In this Act, unless the subject or context otherwise Interpretation. requires — “the Bahamas National Trust” means the Bahamas National Trust for Places of Historic Interest or Natural Beauty incorporated by this Act; “the Trust property” means the property held by the Bahamas National Trust for purposes of pre- servation; “the council” means the council of the Bahamas National Trust appointed by this Act.
    [Show full text]
  • Capital Punishment Procedure [Ch.94 – 1
    CAPITAL PUNISHMENT PROCEDURE [CH.94 – 1 CAPITAL PUNISHMENT PROCEDURE CHAPTER 94 CAPITAL PUNISHMENT PROCEDURE ARRANGEMENT OF SECTIONS SECTION 1. Short title and interpretation. 2. Form of sentence of death. 3. Judge to forward notes of evidence to Minister. 4. Governor-General to communicate to judge copy of any order made. 5. Death warrant. 6. Provost Marshal to carry out sentence. 7. Place of execution. 8. Persons present at execution. 9. Medical officer to certify. 10. Coroner to hold inquest. 11. Place of burial. 12. Immateriality of time and place of execution mentioned in judgment. 13. Saving as to non-compliance with directions. 14. Rules. 15. Sentence of death not to be passed on pregnant woman 16. In case of pardon for capital offence Governor-General may order penal servitude. 17. Forms may be varied. FIRST SCHEDULE — Form of Death Warrant. SECOND SCHEDULE — Certificate of Medical Officer. THIRD SCHEDULE —Warrant of Reprieve. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CAPITAL PUNISHMENT PROCEDURE [CH.94 – 3 CHAPTER 94 7 of 1926 7 of 1935 23 of 1959 CAPITAL PUNISHMENT PROCEDURE G.N. 172/1964 43 of 1964 An Act relating to capital punishment. S.I. 40/1969 E.L.A.O., 1974 [Commencement 22nd March, 1926] 1. (1) This Act may be cited as the Capital Short title and Punishment Procedure Act. interpretation. S.I. 40/1969; (2) In this Act “Minister” means the Minister for the E.L.A.O., 1974. time being designated under paragraph (2) of Article 90 of the Constitution. 2. Every sentence of death shall be to the effect Form of sentence only that the person condemned shall “suffer death in the of death.
    [Show full text]
  • Marine Protected Areas Management Guidance Document
    Bahamas Protected Photo by Shane Gross Marine Protected Area Management Guidance Document A Guide for Policy-Makers & Protected Area Managers SEATHEFUTURE September 2018 Prepared by the Bahamas National Trust Marine Protected Area Management Guidance Document | September 2018 A Companion Document to the Marine Protection Plan for expanding The Bahamas Marine Protected Areas Network to meet The Bahamas 2020 declaration (September 2018) Prepared by Global Parks & the Bahamas National Trust with support from The Nature Conservancy Bahamas Protected is a three-year initiative to effectively manage and expand the Bahamian marine protected areas (MPA) network. It aims to support the Government of The Bahamas in meeting its commitment to the Caribbean Challenge Initiative (CCI); a regional agenda where 11 Caribbean countries have committed to protect 20 percent of their marine and coastal habitat by 2020. CCI countries have also pledged to provide sustainable financing for effective management of MPAs. Bahamas Protected is a joint effort between The Nature Conservancy, the Bahamas National Trust, the Bahamas Reef Environment Educational Foundation and multiple national stakeholders, with major funding support from Oceans 5. For further information, please contact: Bahamas National Trust, P.O. Box N-4105, Nassau, N.P., The Bahamas. Phone: (242) 393-1317, Fax: (242) 393-4878, Email: [email protected] 1 Marine Protected Area Management Guidance Document | September 2018 Contents I. INTRODUCTION ...............................................................................................................................
    [Show full text]
  • International Convention on the Elimination of All Forms of Racial Discrimination
    70+6'& %'4& 0#6+105 +PVGTPCVKQPCN%QPXGPVKQPQP Distr. VJG'NKOKPCVKQP GENERAL QH#NN(QTOUQH CERD/C/428/Add.1 4CEKCN&KUETKOKPCVKQP 16 September 2003 Original: ENGLISH COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION Fourteenth periodic reports of States parties due in 2002 Addendum Bahamas* [29 August 2003] * This document contains the fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth and fourteenth periodic reports of the Bahamas, due on 4 September 1984, 1986, 1988, 1990, 1992, 1994, 1996, 1998, 2000 and 2002 respectively, submitted in one document. For the thirteenth and fourteenth periodic reports (submitted in one document) of the Bahamas and the summary records of the meetings at which the Committee considered those reports, see document CERD/C/88/Add.2 and CERD/C/SR.1189. GE.03-43924 (E) 231003 CERD/C/428/Add.1 page 2 CONTENTS Paragraphs Page Introduction .............................................................................................. 1 - 11 3 I. GENERAL INFORMATION ...................................................... 12 - 47 5 A. Land and people ............................................................... 12 - 33 5 B. General political structure ................................................ 34 - 46 9 C. General legal framework within which human rights are protected ........................................................... 47 10 II. INFORMATION RELATING TO SPECIFIC ARTICLES OF THE CONVENTION .......................................
    [Show full text]
  • Town Planning (Extension to out Islands) Order
    CH.255 – 44] TOWN PLANNING S.I. 73/1965 TOWN PLANNING (EXTENSION TO OUT ISLANDS) S.I. 72/1967 S.I. 18/1969 ORDER S.I. 11/1983 S.I. 134/2001 (SECTION 14) [Commencement 27th March, 1965] Title. 1. This Order may be cited as the Town Planning (Extension to Out Islands) Order. Extension of Act. 2. (1) AlI the provisions of the Town Planning Act, as amended, with the exception of section 7 thereof, shall apply to the Out Island districts and parts of districts Schedule. which are specified in the Schedule to this Order. (2) Section 9 of the Town Planning Act shall, in its application to the districts and parts of districts specified in the Schedule to this Order, be modified by deleting the words “fourteen days” in paragraph (c) of subsection (1) and by substituting therefor the words “twenty-eight days”. Appointment of 3. There shall be a local committee for each of the local committees. districts or parts of districts specified in the Schedule to this Order. Each such local committee shall consist of not less than five members, one of whom shall be the chairman, appointed by notice in the Gazette, who shall hold office at the Governor-General’s pleasure and subject to this shall hold office for a period of twelve months from the first day of January in each year: Provided that in the case of a casual vacancy occurring in the membership of any such local committee a member appointed to fill such vacancy shall hold office until the 31st day of December next ensuing.
    [Show full text]
  • PRESERVATION and the FUTURE of the BAHAMIAN PAST: a CASE STUDY of SAN SALVADOR ISLAND's HISTORIC RESOURCES by CHRISTOPHER C. J
    PRESERVATION AND THE FUTURE OF THE BAHAMIAN PAST: A CASE STUDY OF SAN SALVADOR ISLAND’S HISTORIC RESOURCES by CHRISTOPHER C. JACKSON (Under the Direction of Cari Goetcheus) ABSTRACT While the material remains of past human activity and the evolution of traditional cultural activities have been the focus of much scholarship regarding the history of The Bahamas, very little has been said regarding preservation, promotion and interpretation of such resources. Experiencing spaces, places and activities associated with specific strands of history offer the Bahamian observer unique opportunities to gain insights into their own culture and character. This thesis explores the wealth of cultural heritage resources on San Salvador Island in order to analyze how such resources could be managed to affectively reveal the breadth of The Bahamas’ unique history and culture. INDEX WORDS: The Bahamas, Family Island Culture, San Salvador Island, Historic Preservation, Cultural Heritage, Site Interpretation PRESERVATION AND THE FUTURE OF THE BAHAMIAN PAST: A CASE STUDY OF SAN SALVADOR ISLAND’S HISTORIC RESOURCES by CHRISTOPHER C. JACKSON BA, Georgia College and State University, 2010 A Thesis Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree MASTER OF HISTORIC PRESERVATION ATHENS, GEORGIA 2018 © 2018 Christopher C. Jackson All Rights Reserved PRESERVATION AND THE FUTURE OF THE BAHAMIAN PAST: A CASE STUDY OF SAN SALVADOR ISLAND’S HISTORIC RESOURCES by CHRISTOPHER C. JACKSON Major Professor: Cari Goetcheus Committee: James K. Reap Jennifer L. Palmer Troy A. Dexter Electronic Version Approved: Suzanne Barbour Dean of the Graduate School The University of Georgia May 2018 DEDICATION To my loving wife Hadley, your resilience is unmatched, your patience boundless, and I could not have done this without you.
    [Show full text]
  • Annual Report 2019
    1 Annual REPORT th 80 Anniversary & Social Committee Sections Annual Reports New Providence Family Islands Sports, Welfare & The Dorian Report 1.242.322.7530 [email protected] www.immigration.gov.bs www.immigration.gov.bs MISSION STATEMENT To regulate the movement of people across the borders of The Bahamas so as to ensure the security, facilitate economic advancement and promote the harmonious social development of The Bahamas through the collaborative efforts of responsible government and non-government agencies both nationally and internationally. VISION STATEMENT To ensure that ports of entry are properly equipped in order to control the flow of Immigrants into The Bahamas; • To cooperate with local and international law enforcement agencies to ensure the security of The Bahamas and its people; • To promote the delivery of quality service; • To provide the necessary training for Administrators, Immigration Officers and Clerical staff by conducting in-house workshops and seminars, and to encourage the pursuit of higher education; • To effect the timely processing of all applications for temporary or permanent immigration status. I 1 II STATEMENT OF PURPOSE The Bahamas Immigration Department has grown tremendously over the past 80 years. We continue to partner with Bahamian citizens to provide quality service in all Immigration matters. We execute our duties in fairness, compassion and with high regard to human rights and dignity while maintaining professionalism. The goals and objectives outlined in the vision and mission statements can and will be accomplished through the proven leadership, competence and dedication of our team of Immigration Officers who are passionate about their mandate to enforce the Immigration Act Chapter 191.
    [Show full text]
  • Health Rules G.N
    HEALTH SERVICES [CH.231 – 3 G.N. 71/1935 G.N. 205/1956 G.N. 77/1937 G.N. 72/1957 G.N. 196/1939 G.N. 85/1957 CHAPTER 231 G.N. 280/1939 G.N. 133/1960 G.N. 338/1939 G.N. 105/1961 G.N. 193/1946 G.N. 17/1962 HEALTH SERVICES G.N. 301/1946 G.N. 172/1962 G.N. 111/1947 G.N. 62/1963 HEALTH RULES G.N. 9/1951 G.N. 296/1964 G.N. 239/1951 S.I. 31/1966 G.N. 252/1951 S.I. 36/1974 (SECTION 29) G.N. 42/1954 S.I. 7/1976 G.N. 62/1964 S.I. 26/1986 G.N. 173/1955 S.I. 69/1989 G.N 85/1956 9 of 1991 [Commencement 20th April, 1935] 1. These Rules may be cited as the Health Rules. Title PART I PREVENTION AND ABATEMENT OF NUISANCES 2. In these Rules, the word “nuisance” shall be Interpretation. deemed to include any of the following — (a) any premises or part thereof of such construction G.N. 77/1937. or in such a state as to be or likely to become a nuisance or injurious or dangerous to health; (b) any pool, ditch, gutter, water course, sink, cistern, water or earth closet, privy, urinal, cesspool, drain, dung pit or ash pit, so situated or so foul or in such a state as to be a nuisance, or injurious or dangerous to health; (c) any well, cistern, tank, vat, tub or other water receptacle or water supply so situated or constructed or kept in such a state as to be a nuisance or injurious or dangerous to health; (d) any stable, cowhouse, cowshed, pigsty, pigeon cote, or other building in which any animal or animals or birds are kept in such a manner or in such numbers as to be a nuisance or injurious or dangerous to health; (e) any accumulation or deposit of any rubbish,
    [Show full text]
  • Land in the Bahamas
    LAND IN THE BAHAMAS A PAPER PREPARED FOR THE WORKSHOP ON LAND POLICY, ADMINISTRATION AND MANAGEMENT IN THE ENGLISH SPEAKING CARIBBEAN By: Peter Rabley Consultant International Land Systems, Inc. & Tex Turnquest Director Department of Lands and Surveys Bahamas Copyright Government of the Bahamas 2003 This paper was prepared for the Workshop on Land Policy, Administration and Management in the English - Speaking Caribbean, which was supported in part by the Inter-American Development Bank (IDB), the US Agency for International Development (USAID), the Department for International Development (DFID) and the Ministry of Agriculture, Land and Marine Resources, Government of Trinidad and Tobago Ministry of Agriculture, Land and Marine Resources Government of the Republic of Trinidad and Tobago Inter-American Development Bank LLaanndd TTeennuurree CCeennttteerr TTEERRRRAA INSTITUTE All views, interpretations, recommendations and conclusions expressed in this paper are those of the author(s) and do not necessarily reflect those of the supporting or cooperating institutions nor the respective Governments in the Caribbean Copyright Government of the Bahamas 2003 Rabley and Turnquest. Land in the Bahamas Executive Summary This paper will attempt to examine the current situation in the Bahamas as it relates to land. In particular, it will look at the Government’s current land administration processes. Finally, particular focus will be paid to the Bahamas National GIS project that took place from 1998 to 2001 and the results and finding of this comprehensive study and the land issues it was able to bring to light in a practical and relevant manner. Current land management in the Bahamas gets its underpinnings - both in terms of legislation and process, from 1920’s English Law.
    [Show full text]
  • Ensuring Environmental Access Rights in the Caribbean: Analysis of Selected Case Law 3
    Ensuring environmental access rights in the Caribbean: analysis of selected case law 3 Ensuring environmental access rights in the Caribbean Analysis of selected case law Thank you for your interest in this ECLAC publication ECLAC Publications Please register if you would like to receive information on our editorial products and activities. When you register, you may specify your particular areas of interest and you will gain access to our products in other formats. www.cepal.org/en/suscripciones Ensuring environmental access rights in the Caribbean Analysis of selected case law This document is a joint publication of the Caribbean Court of Justice Academy of Law (CCJ Academy of Law) and the United Nations Economic Commission for Latin America and the Caribbean (ECLAC). Justice Winston Anderson, Judge of the Caribbean Court of Justice, and David Barrio Lamarche, Environmental Affairs Officer of the Sustainable Development and Human Settlements Division of ECLAC, prepared this publication with support from Alicia Carter, Research Assistant of the Caribbean Court of Justice, and Carlos de Miguel and Valeria Torres, respectively Chief and Economic Affairs Officer of the Policies for Sustainable Development Unit of the Sustainable Development and Human Settlements Division of ECLAC. The document was prepared under the overall supervision of Joseluis Samaniego, Chief of the Sustainable Development and Human Settlements Division of ECLAC. The rulings contained in this document are available at the Observatory on Principle 10 in Latin America and the Caribbean: http://observatoriop10.cepal.org/en. This document was prepared with financial support from the United Nations Development Account under the project “Addressing critical socio-environmental challenges in Latin America and the Caribbean”.
    [Show full text]
  • 2017/PUB/Con/FP/00003 BETWEEN: OMAR
    COMMONWEALTH OF THE BAHAMAS IN THE SUPREME COURT Public Law Division 2017/PUB/con/0024; 2017/PUB/con/FP/00003 BETWEEN: OMAR ARCHER SR. Plaintiff And (1) COMMISSIONER OF POLICE And (2) THE ATTORNEY-GENERAL OF THE COMMONWEALTH OF THE BAHAMAS Defendants Before: The Honourable Mr. Justice Loren Klein Appearances: Mr. Fred Smith, QC, Dawson Malone, Akeira Martin for the Plaintiff Mr. Basil Cumberbatch for the Defendants Hearing date(s): 3 April 2018 (Before the Hon. Mr. Justice Stephen Isaacs); 29 January 2020 JUDGMENT KLEIN, J: INTRODUCTION [1] The issues referred to this Court for resolution pursuant to article 28(3) of the Constitution have their origin in what has been described by counsel for one of the parties as a “little Facebook spat”. [2] According to the allegations—for at this stage they are no more than that—over the course of several days in April 2015 the plaintiff became embroiled in an acrimonious exchange on Facebook (FB) with a female, who for the purposes of this Ruling will be referred to only as the virtual complainant. The virtual complainant called the plaintiff, among other things, 1 a “pathetic turd”, said that a “cockroach could beat you in an election”, and that his mother may have tried to induce an abortion which made him “retarded instead”. The plaintiff shot back personal and offensive allegations, the most stinging of which were that she had “had a baby in a bucket in a Rasta camp and left it to die” and that she had HIV/AIDs and was spreading it. She complained to the Police, and the plaintiff was subsequently arrested, charged with intentional libel and summarily tried before a magistrate.
    [Show full text]
  • Parliamentary Elections (Polling Divisions) Order, 2007
    CH.7 – 14] PARLIAMENTARY ELECTIONS PART II Subsidiary Legislation made under the Parliamentary Elections Act (Chapter 7) S.I. 22/2007 PARLIAMENTARY ELECTIONS (POLLING S.I. 23/2007 DIVISIONS) ORDER, 2007 (SECTION 11) [Commencement 27th March, 2007] Citation. 1. This Order may be cited as the Parliamentary Elections (Polling Divisions) Order, 2007. Polling Division 2. The boundaries of the polling divisions into Boundaries which the constituencies set out in the First, Second and Redrawn. Third Schedules to the House of Assembly Revision of Boundaries and Re–distribution of Seats Order, 2007 being the Constituencies in the Island of New Providence, in the Islands of Grand Bahama and Bimini and in the remainder of the Family Islands, respectively as divided shall be redrawn in accordance with the First, Second and Third Schedules to this Order. STATUTE LAW OF THE BAHAMAS LRO 1/2008 PARLIAMENTARY ELECTIONS [CH.7 – 15 FIRST SCHEDULE LIMITS OF THE POLLINGS DIVISIONS OF NEW PROVIDENCE BAIN TOWN AND GRANTS TOWN POLLING DIVISION NO. 1 – All that portion of the Bain Town and Grants Town Constituency which is enclosed by the following boundary lines – Beginning at the junction of Finlayson Street and Poinciana Drive thence northwestwardly along the centre line of Poinciana Drive to the junction of Thompson Boulevard Carter Street and Nassau Street thence northwardly along the centre line of Nassau Street to the junction of Meadow Street, Boyd Road and Nassau Street thence eastwardly along the centre line of Meadow Street to Finlayson Street thence southwardly along the centre line of Finlayson Street to the point of commencement.
    [Show full text]