CHAPTER
86
INTERNATIONALLY PROTECTED PERSONS |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Offences against persons. |
Offences against premises or vehicles. |
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Threats against premises or vehicles. |
Prosecution need not prove certain matters. |
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Restriction on surrender of offenders. |
Attorney-General's consent required. |
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SCHEDULES |
FIRST SCHEDULE. |
SECOND SCHEDULE - Offences Against Premises or Vehicles of
Internationally Protected Persons. |
CHAPTER 86 |
INTERNATIONALLY
PROTECTED PERSONS |
An Act to
give effect to the Convention on the Prevention and Punishment of Crimes
against Internationally Protected Persons, including diplomatic agents, adopted
by the United Nations General Assembly in 1973, and for matters incidental to
that convention. | 11 of 1986 |
[Assent 21st
January, 1987]
[Commencement 19th May, 1987] |
1. This Act may be cited as the Internationally
Protected Persons Act. | Short title. |
2. (1) In this Act- | Interpretation. |
"the
Convention" means the Convention on the Prevention and Punishment of
Crimes Against Internationally Protected Persons, including Diplomatic Agents
adopted by the United Nations General Assembly in 1973; |
"Convention
country" means a country which is for the time being a party to the
Convention; |
"protected
person", in relation to an alleged act or omission that constitutes a crime
by virtue of or against any of sections 3 to 6, means- |
(a) a person
who, at the time of the alleged act or omission is- |
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(ii) a
member of a body that performs the functions of a Head of State under the
Constitution of the State; or |
(iii) a
Head of Government; or |
(iv) a
Minister of Foreign Affairs, |
and is
outside the territory of the State in which he holds office; |
(b) a member of
the family of any person referred to in paragraph (a) of this definition who is
accompanying that person; |
(c) a person
who, at the time of the act or omission, is- |
(i) a
representative or an official of a State; or |
(ii) an
official or agent of an international organisation of an inter-governmental
character, |
and is
entitled under international law to special protection from attack on his
person, freedom or dignity; |
(d) a member of
the family of any person referred to in paragraph (c) of this definition who is
a member of that person's household; |
"relevant premises"
means premises at which a protected person resides or is staying or which a
protected person uses for the purpose of carrying out his functions as such a
person; and |
"vehicle"
includes any means of conveyance. |
(2) In paragraph
(a)(i) of the definition of the term "protected person", the term
"Head of State" includes, in relation to any Commonwealth country of
which Her Majesty the Queen is Head of State, the Governor-General or other
person who performs the functions of the Head of State as Her Majesty's
representative. |
(3) In this Act
any reference to the Extradition Act is a reference to the
Extradition Act 1994. |
3. (1) Without prejudice to the provisions of the Penal
Code, every one commits an offence who, whether in or outside The Bahamas, does
or omits to do any act to, or in relation to, any person whom he knows to be a
protected person if that act or omission constitutes, or would, if done or
omitted to be done in The Bahamas, constitute- | Offences against persons. |
(a) an offence
referred to or described in any of the provisions of the Penal Code specified
in the First Schedule; or |
(b) an attempt
to commit any such offence (where the offence is not itself constituted by a
mere attempt). |
(2) Every one who
commits an offence under this section is liable on conviction on information to
the same penalty to which he would have been liable had he been charged with an
offence against the relevant provisions of the Penal Code. |
4. (1) Without prejudice to the provisions of the Penal
Code, every one commits an offence who, whether in or outside The Bahamas does
or omits to do any act- | Offences against premises or vehicles. |
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(i) any
relevant premises; or |
(ii) any
vehicle that is used by a protected person, |
while a
protected person is present in those premises or that residence or vehicle; and |
(b) which
constitutes or would, if done or omitted to be done in The Bahamas, constitute- |
(i) an
offence referred to or described in any of the provisions of the Penal Code specified in the Second
Schedule; or |
(ii) an
attempt to commit any such offence (where the offence is not itself constituted
by a mere attempt). |
(2) Every one who
commits an offence under this section is liable on conviction on information to
the same penalty to which he would have been liable had he been charged with an
offence against the relevant provisions of the Penal Code. |
5. (1) Every one commits an offence who whether in or
outside The Bahamas threatens to do any act- | Threats against persons. |
(a) to, or in
relation to, any person whom he knows to be a protected person; and |
(b) which
constitutes an offence under section 3. |
(2) Every one who
commits an offence under this section is liable on conviction on information to
imprisonment for a term of seven years, or the term of years prescribed by the
relevant provisions of the Penal Code in respect of the crime that he would
have committed had he carried out his threat in The Bahamas, whichever is the
lesser. |
6. (1) Every one commits an offence who, whether in or
outside The Bahamas, threatens to do any act- | Threats against premises or vehicles. |
(a) to, or in
relation to- |
(i) any
relevant premises; or |
(ii) any
vehicle that he knows is used by a protected person; and |
(b) which
constitutes an offence under section 4. |
(2) Every one who
commits an offence under this section is liable on conviction on information to
imprisonment for a term of three years. |
7. Notwithstanding anything in sections 3 to 6, in any
proceedings brought under any of those sections, it shall not be necessary for
the prosecution to prove any of the following matters- | Prosecution need not prove certain matters. |
(a) in respect
of any protected person to whom paragraph (a) or (c) of the definition of that
term in section 2(1) applies, that the accused knew at the time of the alleged
offence, the identity of that person or the capacity in which he was a
protected person; |
(b) in respect
of any protected person to whom paragraph (b) of that definition applies, that
the accused knew, at the time of the alleged offence, that the protected person
was accompanying any other person to whom paragraph (a) of that definition
applies; |
(c) in respect
of any protected person to whom paragraph (c) of that definition applies, that
the accused knew at the time of the alleged offence that the protected person
was entitled under international law to special protection from attack on his
person, freedom or dignity; |
(d) in respect
of any protected person to whom paragraph (d) of that definition applies, that
the accused knew, at the time of the alleged offence, that the protected person
was a member of the household of any other person referred to in paragraph (c)
of that definition. |
8. (1) The offences constituted by sections 3, 4, 5 and
6 shall be deemed to be included in the list of extradition crimes in the
Extradition Act. | Extradition. |
(2) Where no such
arrangement as is mentioned in section 4 of the Extradition Act has been made
with a State which is a party to the Convention, an order applying that Act may
be made under that section by the Minister responsible for Foreign Affairs as
if the Convention were such an arrangement with that State; but where that Act
is applied by virtue of this subsection, it shall have effect as so applied as
if the only extradition crimes within the meaning of that Act were- |
(a) an offence
described in section 3 or 4, including attempting to commit that offence (where
it is not itself constituted by a mere attempt) aiding, abetting, inciting,
counselling or procuring any person to commit any such offence when it is not
in fact committed; and |
(b) each
offence described in section 5 or 6, |
and further
for the purposes of that Act each offence referred to at paragraphs (a) and (b)
shall, if not already described in the treaty, be deemed to be an offence
described in any extradition treaty in force at the commencement of this Act
between The Bahamas and any foreign country that is a party to the Convention. |
(3)
Notwithstanding anything in subsection (1) no person shall be liable to be
surrendered under the Extradition Act in respect of an act or omission that
amounts to an extradition offence under such a treaty as referred to in that
subsection if that act or omission occured before the date on which that
offence was deemed by that subsection to be an offence described in that
treaty. |
9. (1) Where the surrender of a person is sought under
the
Extradition Act in respect of any act or omission that amounts to an offence
referred to in section 8(2)(a) or (b) and for which the person whose surrender
is sought could be tried and punished in the country seeking the surrender,
being a country that is a party to the Convention, that act or omission shall
be deemed to have been committed within the jurisdiction of that country
notwithstanding that it was committed outside the territory of that country. | Surrender of offenders. |
(2) Without
prejudice to subsection (1), where any act or omission to which that subsection
applies occurred in The Bahamas, the Extradition Act and the relevant
extradition treaty shall apply with any necessary modifications as if the act
or omission had occurred outside The Bahamas. |
(3) For the
purposes of section 8 and this section, the terms "foreign country"
and "country", respectively, include any territory for whose
international relations the Government of a foreign country or country, as the
case may be, is responsible and to which the extradition treaty (if any) and
the Convention extend. |
10. (1) Notwithstanding anything in sections 8 and 9 or
the
Extradition Act, no person shall be surrendered from The Bahamas to another
country in respect of any act or omission that amounts to an offence under any
of the provisions of sections 3 to 6 if proceedings have been brought in The
Bahamas against that person in respect of that act or omission. | Restrictions on surrender of offenders. |
(2)
Notwithstanding anything in sections 8 and 9 or the Extradition Act but subject to
subsection (3) no court in The Bahamas shall order the surrender, or the
committal for the purposes of surrender, of a person to another country in
respect of an act or omission that amounts to an offence under any of the
provisions of sections 3 to 6 if the Attorney-General certifies that
deliberations are being or are about to be had to determine whether or not
proceedings should be brought in The Bahamas against that person in respect of
the act or omission. |
(3) If, in any
case to which subsection (2) applies, it is subsequently determined that
proceedings should not be brought in The Bahamas against the person in respect
of the act or omission, the Attorney-General shall advise the court
accordingly, and the court shall proceed with the matter as if the
Attorney-General's certificate had never been given. |
11. (1) Subject to subsection (2), no proceedings for
the trial and punishment of any person charged with an offence under any of the
provisions of sections 3 to 6 shall be instituted in any court except with the
consent of the Attorney-General. | Attorney-General's consent required. |
(2) A person
charged with an offence under any of those provisions may be arrested, or a
warrant for his arrest may be issued and executed, and he may be remanded in
custody or on bail, notwithstanding that the consent of the Attorney-General to
the institution of a prosecution for the offence has not been obtained, but no
further proceedings shall be taken until that consent has been obtained. |
12. For any purpose in connection with this Act, a
certificate, given by the Minister responsible for Foreign Affairs certifying- | Evidence. |
(a) any fact
relevant to the question of whether a person was or was not a protected person
at any material time; or |
(b) that any
country is or is not, or was or was not at any material time, a party to the
Convention; or |
(c) that the
Government of any country is or is not, or was or was not at any material time,
responsible for the international relations of any territory, |
shall be
sufficient evidence of that fact. |
SCHEDULES |
FIRST SCHEDULE (Section 3) |
|
Section of
the Penal Code
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Subject Matter
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265
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Aggravated assault
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269
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Wounding
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270
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Causing grievous harm
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272
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Maiming
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273
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Using deadly means of harm
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274
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Administering noxious matter
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275
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Causing harm with aggravation
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276
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Choking, strangling, etc., to render person incapable
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(Repealed)
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Rape and attempt to commit rape
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282
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Kidnapping
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289
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Manslaughter
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291
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Murder
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292
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Attempt to commit murder
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SECOND SCHEDULE (Section 4) |
OFFENCES AGAINST
PREMISES OR VEHICLES OF INTERNATIONALLY PROTECTED PERSONS |
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Section of
The Penal Code
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Subject Matter
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323
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Arson of dwelling house
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324
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Arson of building
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325
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Arson of vehicle
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326
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Use of explosive to cause damage
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327
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Causing damage generally by fire
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328
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Wilful damage
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