|
No. 21 of 2006 |
AN ACT TO AMEND A MISCELLANY OF ACTS |
RELATING TO THE CRIMINAL LAW. |
[Date of Assent - 18th
August. 2006] |
Enacted by the Parliament of The Bahamas. |
1.(1) This Act may be cited as the
Criminal Law Miscellaneous (Amendment) Act, 2006. | Short title and commencement. |
(2) This Act shall come into force
on the date appointed by the Minister by notice in the Gazette. |
2. The Acts specified in the
First column of the Schedule are amended to the extent shown in the Second
column. | Amendments to certain Acts. Schedule. |
(section 2) |
SCHEDULE |
Second Column
|
Insert immediately after
section 8, the following new section - | First Column Bail Act, Ch. 103. |
“Appeal to Court of Appeal.
| 8A.(1) Where the Supreme Court grants or
refuses a person bail, or refuses to revoke bail, the prosecution or the
person, as the case may be, shall have a right of appeal to a judge of the
Court of Appeal. |
| | (2)An appeal shall be filed within
forty-eight hours of the making of the decision, the subject matter of the
appeal, and pending the hearing of an appeal against an order admitting an
accused person to bail that order shall be suspended.”. |
(i) Section 9 (2) is repealed and
replaced as follows - | Fire-arms Act, Ch. 213. |
“ (2) If any person - |
(a) purchases, acquires or has in
his possession any firearm or ammunition to which the Part of this Act applies,
without holding a firearm certificate in force at the time, or otherwise than
as authorised by such certificate, or, in the case of ammunition in quantities
in excess of those so authorised; or |
(b) fails to comply with any
condition subject to which a firearm certificate is held by him, he shall,
subject to the provisions of sections 12, 43 and 44 of this Act, for each
offence be liable - |
(i) on conviction on information,
to imprisonment for ten years; |
(ii) on summary conviction before
a Stipendiary and Circuit Magistrate, to imprisonment for a term of five
years: |
Provided that where the court is satisfied that
such person was the holder of a firearm certificate granted under this part and
did not renew such firearm certificate during the period specified in the
proviso to subsection (4) of section 10, or during the period of six months
next following that period, the court may, in lieu of passing a sentence of imprisonment,
impose on such person a fine not exceeding one thousand dollars.”. |
(ii) Section 15(2) is repealed and
replaced as follows - |
“ (2) Any person who purchases,
acquires or has in his possession, uses or carries a gun without a licence
therefor shall be liable- |
(a) on conviction on information,
to imprisonment for a term of ten years and to a fine of ten thousand
dollars; |
(b) on summary conviction before a Stipendiary
and Circuit Magistrate, to imprisonment for a term of five years and to a fine
of ten thousand dollars: |
Provided that where the court is satisfied that
such person was the holder of a gun licence granted under this Part and did not
renew such gun licence during the period specified in the proviso to subsection
(3) of section 16, or during the period of six months next following that
period, the court may, in lieu of passing a sentence of imprisonment, impose on
such a person a fine not exceeding one thousand dollars.”. |
(iii) Section 32(5) is repealed and replaced
as follows - |
“ (5) If any person contravenes any
provision of this section, he shall for each offence be liable - |
(a) on conviction on information ,
to imprisonment for a term of ten years; |
(b) on summary conviction before a Stipendiary
and Circuit Magistrate, to imprisonment for a term of five years, |
and in addition to a fine of five thousand
dollars, such gun or ammunition shall be forfeited to the Crown.”. |