CHAPTER
101
CRIMINAL LAW (MEASURES) |
ARRANGEMENT OF
SECTIONS |
PART I
PRELIMINARY |
SECTION |
|
|
PART II
CORPORAL PUNISHMENT |
Power to impose corporal punishment. |
General rules as to corporal punishment. |
Number of strokes that may be awarded. |
Corporal punishment on females prohibited. |
PART III
SEARCH OF VEHICLES |
Exercise of powers of search of vehicles at road
checks. |
Locality, and duration of search to be specified. |
Member of public may request information. |
|
Reports of recorded searches. |
FIRST SCHEDULE. |
SECOND SCHEDULE. |
CHAPTER 101 |
CRIMINAL LAW
(MEASURES) |
An Act to
make provision for the re-introduction of that form of corporal punishment
which was of that description of punishment that was lawful in The Bahamas
immediately before 10th July, 1973 as an additional punishment to be inflicted
upon certain offenders and to enhance the powers of law enforcement officers. | 12 of 1991 |
[Assent 5th
November, 1991]
[Commencement 11th November, 1991] |
PART I
PRELIMINARY |
1. This Act may be cited as the Criminal Law (Measures)
Act, 1991. | Short title. |
2. In this Act- | Interpretation. |
"child"
means a person under the age of fourteen years; |
"court"
means the Supreme Court, a Magistrate's or Juvenile Court presided over by a
stipendiary and circuit magistrate and includes any appellate court exercising
on appeal the powers of any such lower court; |
"gazetted
police officer" means any police officer of or above the rank of assistant
superintendent; |
"serious
offence" means any offence specified in the Second Schedule and which the
Governor-General may by Order amend; |
"young
person" means a person who has attained the age of fourteen years and is
under the age of eighteen years. |
PART II
CORPORAL PUNISHMENT |
3. (1) Subject to the provisions of this Act, any
offender on being convicted by a court of any of the offences mentioned in the First
Schedule may be ordered by the court to undergo corporal punishment in addition
to any other punishment to which the offender is liable. | Power to impose corporal punishment. |
(2) Nothing in
subsection (1) shall be construed as having the effect of authorising the
infliction of corporal punishment for an offence mentioned in the First
Schedule committed prior to the coming into operation of this Act. |
(3) The
Governor-General may by Order amend the First Schedule. |
4. (1) Whenever an offender is sentenced to undergo
corporal punishment, such punishment shall be inflicted privately either by
flogging or whipping in accordance with the provisions of this section. | General rules as to corporal punishment. |
(2) Flogging shall
be administered with a cat or rod of a pattern approved by the Governor-General
and, when with a cat, on the back of the offender and when with a rod, on his
buttocks, and in either case only after an examination by and in the presence
of a medical officer. |
(3) A sentence of
flogging shall be inflicted only on a male adult, and which sentence shall be
carried out in the prison in New Providence. |
(4) A child or
young person shall not be sentenced to flogging, but in lieu thereof he may be
sentenced to be whipped. Whipping shall be administered with a light cane of a
pattern approved by the Governor-General on the buttocks, by or in the presence
of a parent or guardian (if he desires to be present) or by such other person
as the court may approve. In New Providence a sentence of whipping shall be
administered only after an examination by and in the presence of a medical
officer. |
(5)
Notwithstanding anything to the contrary in subsections (2) and (4) the type of
instruments used in The Bahamas prior to 10th July, 1973 for the purpose of
administering any sentence of corporal punishment shall be deemed to be the
respective instruments approved by the Governor-General under those subsections
until otherwise notified by the Governor-General by notice in the Gazette. |
5. (1) A sentence of corporal punishment shall specify
the number of strokes which shall be administered, which in the case of
flogging shall not exceed twenty-four and in the case of whipping twelve, and
shall specify whether the prisoner shall receive the whole sentence at one time
or by instalments, and in the case of instalments, the number of strokes at
each instalment. | Number of strokes that may be awarded. |
(2) The maximum
number of strokes which may be administered at any one time shall be twelve in
the case of a flogging and six in the case of a whipping and no person who has
been flogged or whipped shall be again flogged or whipped within fourteen days. |
(3) Every
magistrate's or juvenile court which awards any sentence of corporal punishment
shall as soon as possible after the imposition of such sentence report the fact
to the Supreme Court. |
6. No sentence of flogging or whipping shall be passed
upon a female of any age; but in lieu of such sentence, where a female is
convicted of an offence for which corporal punishment may be inflicted on a
male, the court may sentence her to solitary confinement or to any other such
additional punishment as the law for the time being permits to be inflicted on
a female for an offence against the rules of the prison in New Providence. | Corporal punishment on females prohibited. |
PART III
SEARCH OF VEHICLES |
7. (1) This Part of this Act shall have effect in
relation to search of vehicles during the conduct of road checks by police
officers for the purpose of ascertaining whether a vehicle is carrying- | Exercise of powers of search of vehicles at road
checks. |
(a) a person
who has committed an offence; |
(b) a person
intending to commit an offence; or |
(c) a person
who is unlawfully at large. |
(2) For the
purposes of this Part a road check consists of the exercise in a locality of
the power conferred by section 44 of the Police Act in such a way as to
stop during the period for which its exercise in that way in the locality
continues all vehicles or vehicles selected by any criterion. |
(3) There may only
be search of vehicles at a road check pursuant to this Part if a gazetted
police officer or any police officer then in charge of a police station
authorises the search in writing. |
(4) An officer may
only authorise a search under subsection (3)- |
(a) for the
purpose specified in subsections (1)(a) and (b), if he has reasonable grounds- |
(i) for
believing that the offence is a serious offence and; |
(ii) for
suspecting that the person is, or is about to be, in the locality in which
vehicles would be stopped if the search were authorised; |
(b) for the
purpose specified in subsection (1)(c), if he had reasonable grounds for
suspecting that the person is, or is about to be in that locality. |
8. (1) An officer giving an authorisation under section
7 shall specify- | Locality, and duration of search to be specified. |
(a) the
locality in which vehicles are to be searched; |
(b) a period,
not exceeding seven days, during which the search at road checks may continue;
and |
(c) may direct
that during that period the search of road checks- |
(i) shall
be continuous; or |
(ii) shall
be conducted at specified times. |
(2) If it appears
to a gazetted police officer that a search of vehicles at a road check ought to
continue beyond the period for which it has been been authorised he may, from
time to time, in writing specify a further period, not exceeding seven days,
during which it may continue. |
(3) Every written
authorisation shall specify- |
(a) the name of
the officer giving it; |
(b) the purpose
of the search; and |
(c) the
locality in which the search of vehicles at a road check is to be carried out. |
(4) The duty to
specify the purpose under subsection (3) include the duty to specify any
relevant serious offence. |
9. Where a vehicle is stopped in a road check, the
person in charge of the vehicle at the time when it is stopped shall be
entitled to obtain thereafter a written statement of the purpose of the road
check if he applies for such a statement not later than the end of the period
of twelve months from the day on which the vehicle was stopped. | Member of public may request information. |
10. Nothing in this Part affects the exercise by
police officers of any power other than that sanctioned by this Part to stop
vehicles. | Saving. |
11. (1) The Minister responsible for National Security
shall lay before each House of Parliament an annual report from the
Commissioner of Police containing information- | Reports of recorded searches. |
(a) about road checks
carried out under section 44 of the Police Act during the period to which the report relates; and |
(b) about
searches authorised under this Part during that period. |
(2) The
information about searches shall not include information about specific
searches but shall include- |
(a) the total
number of searches in each month during the period to which the report relates- |
|
(ii) for
offensive weapons; and |
(iii) for
other prohibited articles; |
(b) the total
number of persons arrested in each such month in consequence of searches of
each of the descriptions specified in paragraphs (a)(i) to (iii). |
(3) The
information about road checks shall include information- |
(a) about the
reason for authorising each road check; and |
(b) about the
result of each of them. |
FIRST SCHEDULE |
1. Offences under
the following sections of the Penal Code; |
ss. 269
(causing wound); 270 (causing grievous harm); 276 (garrotting); 339(2) robbery
being armed with an offensive weapon); 340(4) - (7) (stealing in certain cases
on second or subsequent conviction); 362 (housebreaking); and 363 (burglary). |
2. Offences under
the following sections of the Sexual Offences and Domestic Violence Act 1991: |
ss. 6(1)
(rape); 6(2) (attempt or assault with intent to commit rape upon second or
subsequent conviction); 10(1) (sexual intercourse with person under fourteen
years); 10(2) (attempt to have sexual intercourse with person under fourteen
years on second or subsequent conviction); 12(1) (unlawful sexual intercourse
with a person suffering from a mental disorder); 12(2) (attempt to have
unlawful sexual intercourse with a person suffering from a mental disorder on
second or subsequent conviction); 13(1)(a) (act of incest by adult with a
minor); 13(2)(a) (attempted act of incest by adult with a minor on second or
subsequent conviction); 14(1) (adult unlawful sexual intercourse with dependent
child); and 14(2) (adult attempted unlawful sexual intercourse with dependent
child on second or subsequent conviction). |
3. Offences under
the following sections of the Firearms Act: |
ss. 33
(possession of firearms with intent to injure); 34 (use or possession of
firearm or imitation firearm in certain cases). |
SECOND SCHEDULE (Sections 2 and 7(4)) |
1. Offences under
the following sections of the Penal Code: |
ss. 282
(kidnapping); 291 (murder); 293 (manslaughter); 323 and 324 (arson); 326-327
(use of explosive); 339 (robbery); 362 (housebreaking); 363 (burglary); 365
(possession of instrument for burglary); 389 (treason); 443 (resist or prevent
the execution of the law); 444 (escape). |
2. Offences under
the following sections of the Sexual Offences and Domestic Violence Act , 1991: |
ss. 6 (rape);
10 to 14 (sexual intercourse with certain persons); 17 (indecent assault); and
20 to 23 (detention of persons with certain intent and abduction). |
3. Offences under
the
Firearms Act. |
4. Offences under
the
Explosives Act. |
5. Offences under
section 22 of the Dangerous Drugs Act. |