
|
No. 22 of 2004 |
AN ACT
TO VALIDATE ACTS PERFORMED BY |
PERSONS
NOT PROPERLY APPOINTED UNDER THE |
CHILDREN
AND YOUNG PERSONS |
(ADMINISTRATION OF JUSTICE) ACT |
(Date of Assent — 7th October,
2004) |
WHEREAS pursuant to section
3(1) of the Children and Young Persons (Administration of Justice) Act, the
Chief Justice may by Order establish in any magisterial district a Juvenile
Court which shall exercise such jurisdiction as may be conferred upon it by the
Children and Young Persons (Administration of Justice) Act ; |
AND WHEREAS the Chief
Justice has established a Juvenile Court in Grand Bahama, New Providence and
North and Central Abaco ; |
AND WHEREAS pursuant to
section 3(3) of that Act, the Minister after consultation with the Chief
Justice may by Order in respect of any Juvenile Court appoint a panel of not
less than six persons from whom the members, other than the Chairman, of the
court at any sitting thereof shall be selected as hereinafter provided ; |
AND WHEREAS every
appointment to the panel shall be for a definite period ; |
AND WHEREAS pursuant to
section 3(4) of that Act, at any sitting of a Juvenile Court the court shall
consist of the Chairman and two other members, one at least of whom shall be a
woman, selected by the Chairman from the panel of persons appointed under
section 3(3) of the Act ; |
AND WHEREAS pursuant to
section 6 of the Act, in the exercise of any jurisdiction conferred upon a
Juvenile Court the members thereof shall enjoy immunities as are enjoyed by a
magistrate in the exercise of his jurisdiction ; |
AND WHEREAS no Order was
made by the Minister to appoint a panel in respect of Grand Bahama and New
Providence since 30th September, 1997 which is the expiration date of the last
Order ; |
AND WHEREAS no Order was
made by the Minister to appoint a panel in respect of North and Central Abaco ; |
AND WHEREAS Juvenile Courts
in Grand Bahama and New Providence have been sitting since 1st October, 1997
consisting of persons who were selected from a panel of persons who were not
appointed as juvenile panel members in accordance with the Act ; |
AND WHEREAS Juvenile Courts
in North and Central Abaco have been sitting since 2nd August, 2001 consisting
of persons who were selected from a panel of persons who were not appointed as
panel members in accordance with the Act ; |
AND WHEREAS it is
considered necessary to validate the said appointments and any acts performed
in the exercise of the functions of the panel members : |
Enacted by the Parliament of The
Bahamas. |
1. This Act may be cited as the
Children and Young Persons (Validation of Juvenile Panel Courts) Act, 2004. | Short title. |
2. Every act carried out by a
person who was appointed by the Minister as a member of a Juvenile Court in New
Providence and Grand Bahama since 1st October, 1997 and North and Central Abaco
since 2nd August, 2001 respectively, which would have been valid but for the
fact of such appointment, shall be deemed to have been lawfully and validly
carried out by that person. | Acts of Juvenile panel members made
valid. |