CHAPTER
103
BAIL |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Discretionary grant of bail. |
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Record of decision as to bail. |
Reasons must be given for grant or refusal of
bail. |
Accused to be informed of his right to apply to
Supreme Court for bail. |
Power of Supreme Court to grant, refuses or vary
conditions of bail. |
General provisions relating to bail. |
Offence of absconding by person released on
bail. |
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Liability to arrest for absconding or breaking
conditions of bail. |
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Forfeiture of security or recognisance. |
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FIRST SCHEDULE. |
SECOND SCHEDULE - Statutory Declaration to be Made by a
Surety or Surities. |
CHAPTER 103 |
BAIL |
An Act to
consolidate the law relating to the release from custody of accused persons in
criminal proceedings and for other matters connected thereto. | 20 of 1994
27 of 1996 |
[Assent 20th
September, 1994]
[Commencement 22nd September, 1994] |
1. This Act may be cited as the Bail Act, 1994. | Short title. |
2. In this Act- | Interpretation. |
"bail in
criminal proceedings" means- |
(a) bail
grantable in or in connection with proceedings for an offence to a person who
is accused or convicted of the offence; or |
(b) bail
grantable in connection with an offence to a person who is under arrest for the
offence or for whose arrest for the offence a warrant (endorsed for bail) is
being issued; |
"Court"
includes a Judge of the Supreme Court, a Judge of the Court of Appeal, a
Magistrate or a Coroner; |
"record"
means the record of the decision of the Court, or Police Officer made in
pursuance of subsection (1) of section 5; |
"surrender to
custody" means, in relation to a person released on bail, surrendering
himself into the custody of the court or of the police (according to the
requirements of the grant of bail) at the time and place for the time being
appointed for him to do so; |
"young person"
means a person who has attained the age of fourteen and is under the age of
eighteen. |
3. (1) Subject to section 4 and except
as provided in Part A of the First Schedule, bail may be granted,
notwithstanding the provisions of any other law, to a person- | Discretionary grant of bail. |
(a) who is
accused of an offence when- |
(i) he
appears or is brought before a Magistrate's Court or the Supreme Court in the
course of or in connection with proceedings for that offence; or |
(ii) he
applies to a Court for bail in connection with the proceedings for that
offence; |
(b) who, having
been committed to stand trial or having had a bill of indictment preferred
against him, has not been arraigned before the Supreme Court in accordance with
section 148 of the Criminal
Procedure Code Act within six months after the date upon which that person was
committed to stand trial or from which the bill of indictment was preferred; |
(c) who, having
been convicted of an offence, appears or is brought before a Court to be dealt
with under section 124(6) of the Penal Code; or |
(d) who has
been convicted of an offence and whose case is adjourned by the Court for the
purpose of enabling inquiries or a report to be made to assist the Court in
dealing with him for the offence only if the Court does not intend to impose a
custodial sentence. |
(2) Where any
person who has been convicted and sentenced to a term of imprisonment gives
notice in accordance with the provisions of the Criminal Procedure Code of his
intention to appeal against the conviction or sentence, the magistrate's court
by which he was so convicted or the court to which the appeal lies, may, upon
application being made by or on behalf of such person, if the court thinks fit,
having regard to- |
(a) the
character of the person convicted; |
(b) the nature
and seriousness of the offence for which such person was convicted; |
(c) the
improbability of such person absconding or committing the same or a like
offence if he is released from custody; and |
(d) such other
exceptional circumstances which appear to the court to be relevant, |
order that
such person be released from custody with or without a surety or sureties until
such time as the appeal is determined, abandoned or withdrawn: |
Provided that
nothing in this subsection contained shall be deemed- |
(a) to require
the release of any person liable to be detained in custody for some matter
other than that in respect of which the appeal is being made; |
(b) to enable a court to grant bail to the
convicted person if that person would not be granted bail under the other
provisions of this Act prior to his conviction. |
4. (1) Notwithstanding any other enactment, where any
person is charged with an offence mentioned in Part B of the
First Schedule, the Court shall order that that person shall be detained in
custody for the purpose of being dealt with according to law, unless the Court
is of the opinion that his detention is not justified, in which case, the Court
may make an order for the release, on bail, of that person and shall include in
the record a statement giving the reasons for the order of release on bail: | No right to bail. |
Provided that,
where a person has been charged with an offence mentioned in Part B of the
First Schedule after having been previously convicted of an offence mentioned
in that Part, and his imprisonment on that conviction ceased within the last
five years, then the Court shall order that that person shall be detained in
custody. |
(2)
Notwithstanding any other enactment, a person charged with an offence mentioned
in Part C of the First Schedule shall not be granted bail. |
(3)
Notwithstanding the foregoing provisions of this section or any other
enactment, the provisions of subsection (1) relating to bail, shall apply to
any person charged with- |
(a) conspiracy
to export dangerous drugs, contrary to sections 14(7) and 29(1) of the Dangerous Drugs Act; |
(b) conspiracy
to import dangerous drugs, contrary to sections 15(6) and 29(1) of the Dangerous Drugs Act; or |
(c) conspiracy
to possess dangerous drugs with intent to supply, contrary to section 22(1) and
(2)(a) and section 29(1) of the Dangerous Drugs Act, |
unless the
Attorney-General in writing directs chat a prosecution be commenced in respect
of any offence mentioned in paragraphs (a) to (c), in which case the provisions
of subsection (2) relating to bail shall apply to the person to whom the
prosecution relates. |
(4) The fact that
an accused person has not been previously convicted of any. offence, shall not ipso
facto constitute a cause for releasing that accused person on bail. |
5. (1) Subject to subsection (2), where- | Record of decision as to bail. |
(a) a Court or
a police officer grants bail in criminal proceedings; |
(b) a Court
refuses bail in criminal proceedings in relation to a person referred to in
paragraph (a) of
subsection (1) of section 3; |
(c) a Court or
a police officer appoints a time or place for a person to whom bail is granted
in criminal proceedings to surrender to custody; or |
(d) a Court
varies any conditions of bail or imposes conditions in respect of bail in
criminal proceedings, |
that Court
or police officer shall make a record of the decision and, where requested to
do so by the person in relation to whom the decision was taken, shall cause
that person to be given a copy of the record of the decision as soon as
practicable after the record is made. |
(2) Where bail in
criminal proceedings is granted by endorsing a warrant of arrest for bail, the
police officer who releases on bail the person arrested shall make the record
required by subsection (1) instead of the Court that issued the warrant. |
6. Where a Magistrates' Court- | Reasons must be given for grant or refusal of bail. |
(a) grants bail
in criminal proceedings over an objection to bail by or on behalf of the
police; |
(b) refuses
bail in criminal proceedings; |
(c) imposes
conditions in granting bail in criminal proceedings; or |
(d) varies any
conditions of bail or imposes conditions in respect of bail in criminal
proceedings, |
in relation
to an accused person referred to in paragraph (a) of subsection (1) of section
3, or a convicted person referred to in subsection (2) of section 3, as the case
may be, then the Magistrate shall, with a view to enabling that accused person
or convicted person or the police to consider making an application in the
matter to the Supreme Court, give reasons for granting or refusing bail or for
imposing or varying the conditions, as the case may be. |
7. Where a Magistrate's Court inquiring into or trying
an offence alleged too have been committed by a person refuses bail, the court
shall inform that person that he may apply to the Supreme Court to be granted
bail, or to have any conditions to which the bail is subject varied. | Accused to be informed of his right to apply to
Supreme Court for bail. |
8. (1) Where a Magistrate's Court grants or refuses
bail in criminal proceedings or imposes conditions in granting bail in criminal
proceedings, the Supreme Court may, on application by an accused person or the
police, grant or refuse bail or vary the conditions. | Power of Supreme Court to grant, refuses or vary
conditions of bail. |
(2) Where a
magistrate grants bail to an accused person or a convicted
person he shall where notice is given by or on behalf of the Police of the
intention to apply to the Supreme Court for a review of the decision remand the
accused person or convicted person, as the case may be, into custody and order
him to be brought before a judge at such time and place as the Registrar may
direct for the hearing of the review by the Supreme Court which shall not be
later than the next two sitting days of that Court. |
(3) Where the
Supreme Court grants an accused person bail under subsection (1), the Court may
direct that person to appear at a time and place which the Magistrate's Court
could have directed and the recognisance of any surety shall be conditioned
accordingly. |
(4) Where the
Supreme Court refuses an accused person bail under subsection (1) and the
accused person is not then in custody, the Court shall issue a warrant for the
arrest of the accused person, who shall be brought before a Magistrate's Court
and shall be remanded in custody. |
(5) The powers of
the Supreme Court under this section are without prejudice to the jurisdiction
vested in the Supreme Court under any other law. |
9. (1) When bail is granted to a person to whom section
3 applies, no condition may be attached unless it is considered necessary for
the purpose of preventing absconding, the commission of an offence on bail or
interference with witnesses, or for the purpose of obtaining medical or other
reports. | General provisions relating to bail. |
(2) A person to
whom bail is granted in criminal proceedings is under a duty to surrender to
custody, and that duty is enforceable in accordance with section 10 of this
Act. |
(3) A Court may
require any person applying for bail to provide, before release on bail, one or
more sureties to secure that person's surrender to custody. |
(4) Where it
appears that the applicant for bail is unlikely to remain in The Bahamas until
the time appointed for him to surrender to custody, he may be required, before
release on bail, to give security for his surrender to custody and the security
may be given by him or on his behalf. |
(5) Where a parent
or guardian of a child or young person consents to be surety for the child or
young person for the purposes of this section, the parent or guardian may be
required to ensure that the child or young person complies with any condition
imposed on him except that- |
(a) no
condition shall be imposed on the parent or the guardian of a young person
where it appears that the young person will attain the age of eighteen before
the time to be appointed for him to surrender to custody; and |
(b) the parent
or guardian shall not be required to ensure compliance with any condition to
which his consent does not extend and shall not in respect of those conditions
to which his consent does extend, be bound in a sum greater than five hundred
dollars. |
(6) Where a Court
has granted bail in criminal proceedings, the Court may on application- |
(a) by or on
behalf of the person to whom it was granted; or |
(b) by the
prosecutor or a police officer, |
vary the
conditions of bail or, in respect of bail which it has granted unconditionally,
impose conditions. |
10. (1) Any person who having been released on bail in
criminal proceedings fails without reasonable cause to surrender to custody, is
guilty of an offence. | Offence of absconding by person released on bail. |
(2) Any person
who- |
(a) has been
released on bail in criminal proceedings; and |
(b) having no
reasonable cause therefor, has failed to surrender to custody, |
fails to
surrender to custody at the appointed place as soon after the appointed time as
is reasonably practicable, he is guilty of an offence. |
(3) It shall be
for the accused to prove that he has reasonable cause for his failure to
surrender to custody. |
(4) A failure to
give to a person who is granted bail in criminal proceedings a copy of the
record of the decision shall not constitute a reasonable cause for that
person's failure to surrender to custody. |
(5) In any
proceedings for an offence under subsection (1) or (2), a document purporting
to be a copy of the part of the record which relates to the time and place
appointed for the person specified in the record to surrender to custody and
duly certified to be a true copy of that part of the record shall be evidence
of the time and place appointed for that person to surrender to custody. |
(6) For the
purposes of subsection (5)- |
(a) the copy of
the record is duly certified if it is certified by the appropriate officer of
the Court or, as the case may be, by the police officer who took the decision
or a police officer designated for the purpose by the officer in charge of the
police station from which the person to whom the record relates was released;
and |
(b) "appropriate
officer of the Court" is- |
(i) in
the case of a Magistrate's Court, the Magistrate's clerk or such other officer
as may be authorised by a Magistrate to act for the purpose; |
(ii) in
the case of the Supreme Court and the Court of Appeal, the Registrar or such
other officer as may be authorised by him to act for the purpose. |
11. (1) An offence under subsection (1) or (2) of section
10 is punishable on summary conviction. | Penalty for absconding. |
(2) A person who
is convicted of any offence under subsection (1) or (2) of section 10 is liable
to imprisonment for a term of two years. |
12. (1) Where a person who has been released on bail
in criminal proceedings and is under a duty to surrender into the custody of a
Court fails to surrender to custody at the time appointed for him to do so, the
Court may issue a warrant for his arrest. | Liability to arrest for absconding or breaking
conditions of bail. |
(2) Where a person
who has been released on bail in criminal proceedings absents himself from the
Court at any time after he has surrendered into the custody of the Court and
before the court is ready to begin or to resume the hearing of the proceedings,
the Court may issue a warrant for his arrest, but no warrant shall be issued
under this subsection where that person is absent in accordance with leave
given to him by or on behalf of the Court. |
(3) A person who
has been released on bail in criminal proceedings and is under a duty to
surrender into the custody of a Court may be arrested without warrant by a
police officer where- |
(a) the police
officer has reasonable grounds for believing that that person is not likely to
surrender to custody; |
(b) the police
officer has reasonable grounds for believing that that person has committed
another offence while on bail; |
(c) the police
officer has reasonable grounds for believing that that person is likely to
break any of the conditions of his bail or has reasonable grounds for
suspecting that that person has broken any of those conditions; or |
(d) in a case
where that person was released on bail with one or more surety or sureties, a
surety notifies a police officer in writing that that person is unlikely to
surrender to custody and that for that reason the surety wishes to be relieved
of his obligations as a surety. |
(4) A person
arrested in pursuance of subsection (3) shall be brought as soon as
practicable, and in any event within forty-eight hours after his arrest- |
(a) before a
Magistrate; or |
(b) where a
person is arrested within forty-eight hours of the time appointed for him to
surrender to custody, before the Court at which he is to surrender to custody. |
(5) Subject to
paragraphs (a) and (f) of Part A of the First Schedule where a Magistrate
before whom a person is brought under subsection (4) is of the opinion that
that person- |
(a) is not
likely to surrender to custody; |
(b) has
committed another offence; or |
(c) has broken
or is likely to break any condition of his bail, |
the
Magistrate may, subject to subsection (6), remand him in custody or commit him
to custody, as the case may require or, alternatively, grant him bail subject
to the same or different conditions, save that where the Magistrate is not of
any such opinion, the Magistrate shall grant him bail subject to the same
conditions, if any, as were originally imposed. |
(6) Where the
person brought before the Magistrate under subsection (4) is a child or young
person and the Magistrate does not grant him bail, subsection (5) shall have
effect subject to the provisions of section 36(1) of the Children
and Young Persons (Administration of Justice) Act. |
13. (1) This section applies where a person is granted
bail in criminal proceedings on condition that the person provides one or more
surety or sureties for the purpose of securing that he surrenders to custody. | Bail with sureties. |
(2) In considering
the suitability for that purpose of a proposed surety, the Court shall- |
(a) have
regard, amongst other things, to the surety's- |
(i) profession,
occupation, trade or business; |
(ii) character
and any previous convictions of his; and |
(iii) proximity,
whether in point of kinship, place or residence or otherwise, to the person for
whom he is to be a surety; and |
(b) require the
surety to make a statutory declaration in the form set out in the Second Schedule respecting his financial
and other assets. |
(3) Where a Court
grants a person bail in criminal proceedings under subsection (1), but is
unable to release such person because no surety or no suitable surety is
available, the Court shall fix the amount in which the surety is to be bound
and subsections (4) and (5) shall apply for the purpose of enabling the
recognisance of the surety to be entered into subsequently. |
(4) A recognisance
of the surety under subsection (3) may be entered into before such of the
following persons or descriptions of persons as the Court may by order specify
or, if it makes no such order, before any of the following persons, that is to
say- |
(a) where the
decision is taken by a Magistrate's Court, before any Magistrate or Justice of
the Peace; |
(b) where the
decision is taken by the Supreme Court or the Court of Appeal, before any of
the persons specified in paragraph (a) or, before the Registrar or an officer
designated by him for that purpose. |
(5) Where a surety
seeks to enter into his recognisance before any person in accordance with
subsection (4), but that person declines to take his recognisance because he is
not satisfied of the surety's suitability, the surety may apply to- |
(a) the Court
which fixed the amount to the recognisance in which the surety was to be bound;
or |
(b) a
Magistrate's Court for the district in which he resides, |
for that
Court to take this recognisance and that Court shall, if satisfied of the
surety's suitability, take his recognisance. |
(6) Where, in
pursuance of subsection (4), a recognisance is entered into otherwise than
before the Court that fixed the amount of the recognisance, the same
consequences shall follow as if it has been entered into before the Court. |
14. (1) Where a person has given security in pursuance
of section 9(4), and the Court is satisfied that the person failed to surrender
to custody, then, unless it appears that he had reasonable cause for his
failure, the Court may order the forfeiture of the security. | Forfeiture of security or recognisance. |
(2) Where a Court
orders the forfeiture of a security under subsection (1), the Court may declare
that the forfeiture extends to such amount less than the full value of the
security as it thinks fit to order. |
15. (1) The provisions of this Act shall be in
addition to any other provision relating to bail in criminal proceedings under
the
Criminal Procedure Code and any other written law. | Savings. |
(2) Nothing
contained in section 3 shall derogate from any order for bail made prior to the
coming into operation of this Act. |
FIRST SCHEDULE (Section 3) |
PART A |
The Court shall
deny bail to a defendant in any of the following circumstances- |
(a) where the
Court is satisfied that there are substantial grounds for believing that the
defendant, if released on bail, whether subject to conditions or not would- |
(i) fail
to surrender to custody or appear at his trial; |
(ii) commit
an offence while on bail; or |
(iii) interfere
with witnesses or otherwise obstruct the course of justice, whether in relation
to himself or any other person; |
(b) where the
Court is satisfied that the defendant should be kept in custody for his own
protection or, where he is a child or young person, for his own welfare; |
(c) where he is
in custody in pursuance of the sentence of a Court or any authority acting
under the Defence Act; |
(d) where the
Court is satisfied that it has not been practicable to obtain sufficient
information for the purpose of taking the decisions required by this part for
want of time since the institution of the proceedings against him; |
(e) where,
having been released on bail in or in connection with the proceedings for the
offence, he is arrested in pursuance of section 12; |
(f) while he
is released on bail and is charged subsequently either with an offence similar
to that in respect of which he was so released or with an offence which is
punishable by a term of imprisonment exceeding one year. |
PART B (Section 4(1)) |
Causing
grievous bodily harm - section 270, Ch. 84; |
Causing maim
or any dangerous harm - section 272, Ch. 84; |
Attempted
Murder - section 292, Ch. 84; |
Manslaughter
- section 293, Ch. 84; |
Robbery -
section 339(1), Ch. 84, or Attempted Robbery; |
Conspiracy
to commit Robbery - sections 339(1) and 89(1), Ch. 84; |
Housebreaking
- section 362, Ch. 84; |
Burglary -
section 363, Ch. 84; |
Conspiracy to
commit Burglary - sections 363 and 89(1), Ch, 84; |
Unlawful
Entry by Night - section 364, Ch. 84; |
Possession
of Firearm designed to discharge explosive matter - section 30(1)(a), Ch. 213; |
Possession
of Automatic Weapons - section 30(1)(b), Ch. 213; |
Possession
of Firearm or Ammunition with intent to endanger life or cause serious injury
to property - section 33, Ch. 213; |
Possession
of Firearm with intent to commit an indictable offence - section 34(1), Ch.
213; |
Unlawful
Shortening of guns - section 36, Ch. 213; |
Possession
of Dangerous Drugs with intent to supply - section 22, Ch. 228; |
Any offence
under any of the following sections of the Sexual Offences and Domestic
Violence Act, 1991 (Ch. 228): |
6 (rape), 10
(sexual intercourse with a person under fourteen years), 12 (sexual intercourse
with a person suffering from a mental disorder), 13 (incest) and 14 (sexual
intercourse with a dependant). |
PART C (Section 4(3)) |
Kidnapping -
section 282, Ch. 84; |
Conspiracy
to commit Kidnapping - sections 282 and 89(1), Ch. 84; |
Murder -
section 291, Ch. 84; |
Conspiracy
to commit Murder - sections 291 and 89(1), Ch. 84; |
Armed
Robbery - section 339(2), Ch. 84; |
Conspiracy
to commit Armed Robbery - sections 339(2) and 89(1), Ch. 84; |
Treason -
section 389, Ch. 84; |
Conspiracy
to commit Treason - sections 389 and 89(1), Ch. 84. |
SECOND SCHEDULE (Section 13(2)(b)) |
STATUTORY
DECLARATION TO BE MADE BY A SURETY OR SURETIES |
Commonwealth
of The Bahamas |
Island of ......................................... |
I the undersigned
CD of .........................../GH of ....................... having agreed
to offer myself/[i]*ourselves
as surety for AB of............ /defendant in the case Crown vs
........................ acknowledge to owe to the Crown the sum of
.................... to be levied on my/[ii]*our
several movable and immovable property if the said Ab fails in the condition of
the recognisance to be entered before.......... Magistrate/[iii]*Justice. |
And for that
purpose I/[iv]*we,
the undersigned hereby solemnly declare- |
(a) that my/ [v]*our immovable and movable property
including other financial assets consist of the following: |
(i) Particulars
of immovable property: |
Description
of immovable property, date of the Deed and name and address of the parties to
the Deed; |
(ii) Estimated
value of immovable property; |
(iii) Bank
Balances: Name of the Bank, Account Number and Amount; |
(iv) Any
other movable property and its value; |
(b) [vi]*that the immovable property specified in
subparagraph (a)(i) above is owned by me/[vii]*us free from any encumbrances, or |
[viii]*that the immovable property specified in
subparagraph (a)(i) above is under mortgage, hypothecated, etc., in
consideration of ........................ ; |
(c) that I/ [ix]*we have/[x]*have not stood surety/sureties on the
consideration of the aforesaid immovable/movable property in the case/cases
noted below; |
(d) that I/ [xi]*we have/[xii]*have not been convicted of any criminal
offence. Further a criminal charge is pending against me/[xiii]*us. /[xiv]*No criminal charge is pending against me/[xv]*us. |
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Signed
................................. CD
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..................................GH
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Taken
before me this
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day of
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19......
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Signed
.......................................
Magistrate or Justice
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