The Government of The Bahamas

CHAPTER 91 CRIMINAL PROCEDURE CODE
ARRANGEMENT OF SECTIONS
PART I PRELIMINARY
SECTION
Short title. 1.
Interpretation. 2.
Inquiry into and trial of offences. 3.
PART II POWER OF COURTS
General power to try offences. 4.
Cases in which jurisdiction is specifically conferred by certain laws. 5.
Sentences which the supreme Court may pass. 6.
Sentences which a magistrates' court may pass. 7.
Combination of sentences. 8.
Sentences in cases of conviction of several offences. 9.
Sentencing guidelines. 10.
PART III PROVISIONS RELATING TO ARREST, RECOGNISANCES AND SURETIES
Arrest. 11.
Search of place entered by person sought to be arrested. 12.
Power to break out of house or other place for purpose of liberation. 13.
No unnecessary restraint. 14.
Search of arrested persons. 15.
Mode of searching women. 16.
Power to seize offensive weapons. 17.
Disposal of persons arrested without warrant by peace officer. 18.
Detention of accused persons during investigations. 19.
Arrest by person other than peace officer. 20.
Offence committed in presence of magistrate. 21.
Recapture of person escaping. 22.
Particulars to be contained in recognisances. 23.
Notice of recognisances. 24.
Proof of sufficiency. 25.
Estreating recognisances conditioned for appearance. 26.
Estreating recognisances conditioned for keeping the peace or doing some act or thing. 27.
Payment of sums forfeited. 28.
Rules as to securities. 29.
How forfeited security is to be realised in the case of a surety. 30.
How forfeited security given by a principal on conviction to be recovered. 31.
Surety may recover as civil debt from principal any sum paid under security. 32.
Securities to be realised before other steps are taken. 33.
Recognisance taken out of court. 34.
PART IV GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS
Authority of Supreme Court and magistrates' court and general validity of judicial processes. 35.
Powers of Supreme Court in certain cases. 36.
Place and dates of sessions of the Supreme Court. 37.
Ordinary place of inquiry or trial by magistrate's court. 38.
Accused person may be sent to the district in which offence alleged to have been committed. 39.
Removal of accused persons under warrant. 40.
Trial or inquiry at place where act done or where consequences of offence ensue. 41.
Trial or inquiry where offence is connected with another offence. 42.
Trial or inquiry where place of offence is uncertain. 43.
Offence committed on a journey. 44.
Supreme Court to decide in cases of doubt. 45.
Court to be open. 46.
Hearing in camera. 47.
Transfer of complaint to another magistrates' court. 48.
Procedure when a magistrate considers that he ought not to hear a case brought before him. 49.
Transfer of complaint. 50.
Power of a judge to order transfer of proceedings. 51.
Power of Attorney-General to enter nolle prosequi. 52.
Notice of nolle prosequi to be given by Registrar. 53.
Delegation of powers by Attorney-General. 54.
Authority to conduct prosecutions on behalf of the Crown, etc. 55.
Ultimate control of conduct of all prosecutions vested in Attorney-General. 56.
Conduct of private prosecutions. 57.
Complaint and charge. 58.
Issue of summons or warrant. 59.
Form, validity and execution of warrants of arrest. 60.
Court may direct security to be taken. 61.
Procedure when arrest is made out of district. 62.
Service of summons. 63.
Service on company. 64.
Proof of service of summons. 65.
Special procedure in respect of certain offences. 66.
If summons disobeyed, warrant may issue. 67.
Power to take bond for appearance. 68.
Court may order prisoner to be brought before it. 69.
Search warrants. 70.
Execution of search warrants. 71.
Retention and disposal of property seized under search warrant. 72.
Offence to be specified in charge or information. 73.
Joinder of counts in charge or information. 74.
Joinder of two or more accused in one charge or information. 75.
Rules for the framing of charges and information. 76.
Persons convicted or acquitted not to be tried again for same offence. 77.
A person may be tried again for separate offence. 78.
Consequences supervening or not known at time of former trial. 79.
Where original court was not competent to try subsequent charge. 80.
Proof of previous conviction. 81.
Summons for witness. 82.
Warrant for witness who disobeys summons. 83.
Warrant for witness in first instance. 84.
Mode of dealing with witness arrested under warrant. 85.
Power of court to order prisoner to be brought up for examination. 86.
Penalty for non-attendance of witness. 87.
Power to summon material witness or examine person present. 88.
Evidence to be given on oath. 89.
Refractory witness. 90.
Calling of husband or wife as witness. 91.
Issue of commission for examination of witness. 92.
Parties may examine witnesses. 93.
Return of commission. 94.
Adjournment of trial or inquiry. 95.
Competency of witnesses in criminal cases. 96.
Procedure where person charged is the only witness called. 97.
Right of reply. 98.
Court to inquire into suspected incapacity of accused. 99.
Procedure when accused found insane during proceedings. 100.
Defence of lunacy at preliminary investigation. 101.
Resumption of proceedings if accused ceases to be incapable. 102.
Prima facie evidence of capacity of accused may be given by certificate. 103.
Provisions relating to the taking of evidence. 104.
Recording of evidence. 105.
Mode of delivering judgment. 106.
Magistrate may deliver judgment prepared by predecessor. 107.
Contents of judgment in summary trial. 108.
Accused person entitled to copy of judgment on application. 109.
Costs in criminal cases. 110.
Order of magistrate for payment of costs appealable. 111.
Property found on accused person. 112.
Restitution of stolen property after conviction. 113.
Conviction in case of variance between evidence and offence charged. 114.
Accused persons entitled to be present at trial and may be represented by legal practitioner. 115.
PART V PROVISIONS RELATING TO PRELIMINARY INQUIRIES INCLUDING THE USE OF EXPERT DOCUMENTARY EVIDENCE THEREAT AND IN OTHER CRIMINAL PROCEEDINGS
Power to commit for trial. 116.
Court to hold preliminary inquiry. 117.
Magistrate to read charge to accused and explain purpose of the proceedings. 118.
Taking of depositions. 119.
Admission or evidence of certain reports and plans. 120.
Variance between evidence and charge. 121.
Remand. 122.
Provisions as to taking statements or evidence of accused persons. 123.
Evidence and address of defence. 124.
Discharge of accused persons. 125.
Summary adjudication in certain cases. 126.
Committal for trial. 127.
Complainant and witnesses to be bound over. 128.
Refusal to be bound over. 129.
Accused person entitled to copy of depositions. 130.
Binding over of witnesses conditionally. 131.
Deposition of witness who is ill or about to leave The Bahamas. 132.
Notice to be given. 133.
Magistrate to deal with the deposition like any other deposition. 134.
Such deposition to be admissible in evidence. 135.
Accused to have the same privileges as prosecutor under section 135. 136.
Transmission of records to Supreme Court and Attorney-General. 137.
Power for the Attorney-General to refer case back to magistrate for further preliminary inquiry. 138.
Power for the Attorney-General to refer back case to be dealt with summarily. 139.
Further provisions as to referring back of case. 140.
Mode of trial upon committal to the Supreme Court and preferment of information. 141.
Notice of trial. 142.
Service of copy of information and notice of trial. 143.
Postponement of trial. 144.
PART VI PROCEDURE IN TRIALS BEFORE THE SUPREME COURT
Practice of Supreme Court in the exercise of its criminal jurisdiction. 145.
Bench warrant where accused does not appear. 146.
Bringing up prisoner for trial. 147.
Arraignment of accused. 148.
Objection to information on grounds of insufficiency of particulars. 149.
Amendment of information, separate trial and postponement of trial. 150.
Quashing of information. 151.
Charge of previous conviction. 152.
Abolition of pleas in abatement. 153.
Pleading to the information. 154.
Refusal or incapacity to plead. 155.
Proceedings when plea made. 156.
Special pleas allowed to be pleaded. 157.
General effect of pleas of autrefois acquit and convict. 158.
Effect where previous offence charged was without aggravation. 159.
Use of depositions, etc., on former trial, or trial of special plea. 160.
Pleas of justification in case of libel. 161.
Power to postpone or adjourn trial. 162.
Procedure relating to jurors. 163.
Giving prisoner in charge of the jury. 164.
Case for the prosecution. 165.
Additional witnesses for the prosecution. 166.
Cross-examination of prosecution witnesses. 167.
Depositions may be read in certain cases. 168.
Statement of accused. 169.
Close of case for prosecution. 170.
Case for the defence. 171.
Additional witnesses for the defence. 172.
Notice of alibi. 173.
When accused unrepresented calls no evidence. 174.
Where accused adduces no evidence. 175.
Order of speeches. 176.
Court may require witness to be called. 177.
Recalling a witness. 178.
Summing up by the judge. 179.
Consideration of verdict by jury. 180.
Recording of verdict. 181.
Verdict of not guilty. 182.
Calling upon the accused. 183.
Motion in arrest of judgment. 184.
Evidence for arriving at proper sentence. 185.
Sentence. 186.
Recording of judgment. 187.
Objections cured by verdict. 188.
Time for raising objections. 189.
Minute of proceedings in trial before Supreme Court. 190.
PART VII MISCELLANEOUS PROVISIONS RELATING TO PERSONS TRIED BEFORE THE SUPREME COURT
Special verdict where accused found guilty, but insane at date of offence charged. 191.
Provision for custody of accused person found insane. 192.
Expenses for the removal abroad of lunatic convicts. 193.
Counsel for defence to be assigned in certain cases. 194.
PART VIII PROCEDURE IN TRIALS BEFORE MAGISTRATE'S COURTS
Non-appearance of complainant at trial. 195.
Non-appearance of defendant at trial. 196.
When neither party appears. 197.
Courts to have the same powers at adjourned hearing as at first hearing. 198.
Appearance of both parties. 199.
If accused pleads guilty. 200.
Pleas in other cases. 201.
Procedure after plea of not guilty. 202.
Acquittal of accused person if no case to answer. 203.
The defence. 204.
Evidence in reply. 205.
Opening and closing of cases for prosecution and defence. 206.
General provisions with respect to evidence in magistrates' courts. 207.
Amendment of charge and variance between charge and evidence. 208.
The decision of the court. 209.
Drawing up conviction. 210.
Acquittal of accused person to bar further proceedings. 211.
Magistrate to conform with sections 210 and 211. 212.
Limitation of time for proceedings for summary offences. 213.
Procedure in case where accused person has right to trial by Supreme Court. 214.
Power of magistrate in cases triable both summarily and on information. 215.
Special procedure in minor cases where the charge is admitted. 216.
Where court awards imprisonment without option of fine, prisoner shall be committed to prison. 217.
Committal to Supreme Court for sentence in certain cases. 218.
Issue of distress warrant in respect of unpaid fine. 219.
When distress warrant issued magistrate may allow defendant to go at large or detain him, unless defendant gives security for his reappearance. 220.
Where return is nulla bona magistrate may commit the defendant. 221.
Defendant who pays after commitment to be discharged on payment. 222.
Powers of magistrate when imposing a fine. 223.
On default of payment of instalment process to issue for the whole. 224.
Mode of payment by instalments. 225.
Magistrate may postpone issue of warrant of distress or commitment. 226.
Power of magistrate to order attachment of debts due to person sentenced to pay a fine. 227.
Return of proceedings. 228.
Power of Supreme Court on revision. 229.
Withdrawal of complaint. 230.
PART IX APPEALS FROM MAGISTRATE'S COURTS AND CASES STATED
Appeals from decisions of magistrates' courts. 231.
Magistrate to inform accused person of right of appeal. 232.
Limitations on right of appeal. 233.
Courts to which appeals lie. 234.
Appeal to operate as a stay. 235.
Recognisance or security to be taken. 236.
Transmission of appeal papers. 237.
Admission of appellant to bail. 238.
Case stated. 239.
When magistrate refuses to state case. 240.
Duty of magistrates' court as to case stated. 241.
Appellant entitled to copies of evidence. 242.
Registrar to set appeal down for argument. 243.
Appeal not a re-hearing unless the court so directs. 244.
Procedure on hearing of appeal on motion. 245.
Court on hearing appeal on motion to decide on facts as well as law. 246.
On appeal by stated case court confined to facts and evidence stated therein. 247.
Powers of court on hearing appeals. 248.
Costs. 249.
Where appeal is abandoned court may give respondent his costs. 250.
No appeal on point of form or matter of variance. 251.
Court may decide on merits notwithstanding any defect in form. 252.
Defect in order or warrant of commitment not to render void. 253.
Where conviction confirmed warrant may issue as though no appeal had been made. 254.
Notice to be given to parties in case of appeal to be heard by circuit justice. 255.
PART X PROCEDURE FOR INDICTMENT OF OFFENDERS
Proceedings for indictment of offenders. 256.
Certain requirements to be fulfilled. 257.
Voluntary bill of indictment. 258.
Provisions of Code to similarly apply to bills of indictment. 259.
PART XI SUPPLEMENTARY PROVISIONS
Proceedings in wrong place. 260.
Powers of Supreme Court in respect of habeas corpus. 261.
Copies of proceedings. 262.
Code not to affect proceedings in juvenile courts. 263.
Security for keeping the peace. 264.
Order to be made. 265.
Inquiry as to truth of information. 266.
Order to give security. 267.
Discharge of person informed against. 268.
Magistrate's court may try summarily charge of escape. 269.
Seizure of property obtained by offence. 270.
Rules. 271.
Anonymity of complainants in rape, etc., cases. 272.
SCHEDULES
FIRST SCHEDULE.
SECOND SCHEDULE - Rules for Framing Charges and Informations.
THIRD SCHEDULE - Indictable Offences Triable Summarily.
FOURTH SCHEDULE - Offences which Require Sentencing Guidelines.
CHAPTER 91
CRIMINAL PROCEDURE CODE
An Act to make provisions for the procedure to be followed in criminal cases and for matters incidental thereto.	38 of 1968 25 of 1971 32 of 1971 15 of 1974 E.L.A.O., 1974 2 of 1977 12 of 1984 2 of 1987 2 of 1989 S.I. 75/1989 6 of 1990 11 of 1990 9 of 1991 9 of 1992 S.I. 65/1992 18 of 1994 20 of 1994 21 of 1994 8 of 1995 4 of 1996 15 of 1996 25 of 1996 33 of 1996 1 of 2000 10 of 2000
[Assent 31st December, 1968] [Commencement 2nd April, 1969]
PART I PRELIMINARY
1. This Act (hereinafter referred to as this Code) may be cited as the Criminal Procedure Code Act.	Short title.
2. In this Code unless the context otherwise requires-	Interpretation.
"Chief Magistrate" means the person appointed as such under the provisions of the Magistrates Act;
"committed for trial" means committed for trial before the Supreme Court;
"committing court" means the magistrate's court which in any particular case has committed an accused person for trial;
"complaint" means an allegation that some person, known or unknown, has committed an offence;
"counsel" means any legal practitioner instructed to represent any party in proceedings before a court;
"court" means the Supreme Court or a magistrate's court, as the context may require;
"Court of Appeal" means the court established under the provisions of Article 98 of the Constitution and exercising jurisdiction in accordance with the Court of Appeal Act;
"district" has the meaning given to that term in the Magistrates Act;
"indictable offence" means save as is provided by section 214 any offence which is triable only on information before the Supreme Court;
"justice of the peace" means any person appointed as such under the Magistrates Act;
"legal practitioner" means any person admitted and enrolled as counsel and attorney under the provisions of the Legal Profession Act;
"licensed pharmacist" means a person licensed under the provisions of the Pharmacy Act;
"magistrate" has the meaning given to that term in the Magistrates Act and in relation to any proceedings in a magistrate's court means the magistrate for the time being presiding over such court;
"magistrate's court" means a court presided over by a magistrate exercising jurisdiction in accordance with the provisions of the Magistrate's Act;
"police officer" means any member of the Royal Bahamas Police Force constituted by the Police Act;
"preliminary inquiry" or "preliminary investigation" means an inquiry or investigation into a criminal charge conducted by a magistrate, under the provisions of this Code, with a view to the committal of an accused person for trial before the Supreme Court;
"private prosecution" means a prosecution instituted and conducted by any person other than a person appearing on behalf of the Crown, the Commissioner of Police, any department of the Government of The Bahamas or any Minister or public officer instituting or conducting proceedings in his official capacity;
"Registrar" means the Registrar of the Supreme Court or any person performing the duties of Registrar, at any particular trial, in accordance with the directions of the presiding judge;
"registered medical practitioner" means a person registered under the provision of the Medical Act;
"stipendiary and circuit magistrate" means any person appointed as such under the provisions of the Magistrates Act.
3. Subject to the express provisions of any other law for the time being in force, all offences under any law shall be inquired into, tried and otherwise dealt with according to the provisions hereafter in this Code contained.	Inquiry into and trial of offences.
PART II POWER OF COURTS	Inquiry into and trial of offences.
4. Subject to the express provisions of this Code and of any other law-	General power to try offences.
(a) the Supreme Court may try any offence; and
(b) a magistrate's court may try any offence in respect of which jurisdiction is expressly conferred upon such court, or upon such court when presided over by a particular grade of magistrate, by the Magistrates Act or any other law for the time being in force.
5. (1) Any offence under any law for the time being in force, when any court is mentioned in that behalf in such law, shall be tried by such court unless removed to any other court for trial under any provisions of this Code. For the purposes of this subsection a provision in any law for an offence to be tried summarily shall be construed as a reference to the trial of such offence by a magistrate's court.	Cases in which jurisdiction is specifically conferred by certain laws.
(2) When no court is mentioned in the manner referred to in subsection (1) of this section in respect of any offence, such offence shall be tried in accordance with this Code.
6. The Supreme Court may pass any sentence authorised by law to be inflicted in respect of the offence for which it is imposed.	Sentences which the Supreme Court may pass.
7. (1) A magistrate's court may pass any sentence authorised by law to be inflicted in respect of the offence for which it is imposed when that offence is tried by a magistrate's court.	Sentences which a magistrates' court may pass.
[i](2) When a magistrate's court presided over by the Chief Magistrate or by a stipendiary and circuit magistrate is exercising the jurisdiction conferred by section 214 of this Code, to try summarily certain cases which are also triable upon information, the court shall have power, where warranted by law, to pass a sentence of imprisonment not exceeding five years and to impose a fine not exceeding ten thousand dollars upon any person convicted by the court exercising such jurisdiction and shall have and may exercise all other powers vested in the Supreme Court by sections 119 to 124 (inclusive) of the Penal Code.	Sentences which a magistrates' court may pass.
8. Any court may pass any lawful sentence combining any of the sentences which it is authorised by law to pass.	Combination of sentences.
9. (1) When a person is convicted at one trial of two or more distinct offences, the court may sentence him for such offences to the several punishments prescribed therefor which such court is competent to impose. Subject to the provisions hereafter in this section contained, a court imposing imprisonment on any person for an offence may order that such imprisonment shall commence on the expiration of any other term of imprisonment imposed, by that court or any other court, for any other offence.	Sentences in cases of conviction of several offences.
(2) Subject to the provisions of subsection (3) of this section, the aggregate of the terms of any consecutive sentences of imprisonment so imposed by a magistrate's court-
(a) when the court is presided over by the Chief Magistrate or a stipendiary and circuit magistrate, exercising the jurisdiction conferred by section 214 of this Code, shall not exceed[ii]*five years; and
(b) in any other case, shall not exceed six months.
(3) The limitations imposed by subsection (2) of this section shall not operate to reduce the aggregate of the terms of imprisonment which a magistrate's court may impose in respect of any offences below the terms which that court has power to impose in respect of any one of these offences.
(4) When a person has been sentenced by a magistrate's court to imprisonment and a fine for the same offence, a period of imprisonment for non-payment of the fine, or for want of sufficient distress to satisfy the fine, shall not be subject to the limitations imposed by subsection (2) of this section, and any such imprisonment for non-payment of a fine may be ordered by the court to commence at the end of any other term of imprisonment.
10. (1) A magistrate's court in passing any sentence in respect of any offence referred to in Part I of the Third Schedule or any offence referred to in the Fourth Schedule shall comply with any sentencing guidelines issued by the Chief Justice.	Sentencing guidelines.
(2) Where a magistrate's court in passing a sentence in respect of any offence referred to in Part I of the Third Schedule or any offence referred to in the Fourth Schedule does not comply with the sentencing guidelines mentioned in subsection (1) that court shall state in writing and open court why such guidelines were not followed.
(3) The Governor-General may by Order amend the Fourth Schedule.
PART III GENERAL PROVISIONS RELATING TO ARREST, RECOGNISANCES AND SURETIES
11. (1) In making an arrest the peace officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.	Arrest.
(2) If the person to be arrested forcibly resists the endeavour to arrest him or attempts to evade the arrest, the peace officer or other person concerned may use all means necessary to effect the arrest:
Provided that nothing in this section contained shall be deemed to justify the use of greater force than was reasonable in the particular circumstances in which it was employed or was necessary for the apprehension of the offender.
12. (1) If any person acting under a warrant of arrest, or any peace officer having other authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of such place shall, on demand of such person acting as aforesaid or such peace officer, allow him free ingress thereto and afford all reasonable facilities for a search therein.	Search of place entered by person sought to be arrested.
(2) If ingress to such place cannot be obtained under the provisions of subsection (1) of this section, it shall be lawful in any case for a person acting under a warrant and, in any other case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity to escape, for a peace officer to enter such place and search therein and, in order to effect an entrance into such place, to break open any outer or inner door or window in any house or place, whether that of the person to be arrested or of any other person, or otherwise effect entry into such house or place, if, after notification of his authority and purpose and demand of admittance duly made, or there is no person present to whom he can make such demand, he cannot otherwise obtain admittance.	Search of place entered by person sought to be arrested.
13. Any peace officer or other person authorised to make an arrest may break out of any house or other place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.	Power to break out of house or other place for purpose of liberation.
14. A person arrested shall not be subjected to more restraint than is necessary to prevent his escape.	No unnecessary restraint.
15. (1) Subject to the provisions of section 16 of this Code, whenever a person is arrested by a peace officer or a private person, the peace officer making the arrest or to whom the private person makes over the person arrested may search such person and place in safe custody all articles other than necessary wearing apparel found upon him:	Search of arrested persons.
Provided that whenever the person arrested can be legally admitted to bail and bail is furnished, such person shall not be searched unless there are reasonable grounds for believing that he has about his person any-
(a) stolen article; or
(b) instrument of violence or offensive weapon; or
(c) tool connected with the kind of offence which he is alleged to have committed; or
(d) other article which may furnish evidence against him in regard to the offence which he is alleged to have committed.
(2) The right to search an arrested person shall be exercised with strict regard to decency.
(3) Where any property has been taken from a person under this section and such person is not charged before any court but is released on the grounds that there is not sufficient reason to believe that he has committed any offence, any property taken from him under the provisions of this section shall forthwith be restored to him.
(4) An arrested person shall be furnished with a receipt for any property which has been taken from him under this section, and the receipt shall specify that property.
16. Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, who need not be a police officer, and with strict regard to decency.	Mode of searching women.
17. Notwithstanding the provisions of section 15 of this Code, the peace officer or other person making an arrest may take from the person arrested any offensive weapon or instrument of violence which he has about his person, and shall deliver all articles so taken to the court or officer before which or whom the peace officer or person making the arrest is required by law to produce the person arrested.	Power to seize offensive weapons.
18. A peace officer making an arrest without a warrant, in exercise of any powers conferred upon him by the Penal Code, the Police Act or any other law for the time being in force, shall, without unnecessary delay and not later than forty-eight hours after such arrest, take or send the person arrested before a magistrate appointed to preside in a magistrate's court having jurisdiction in the case, unless the person arrested be earlier released on bail by a police officer having power in that behalf under the provisions of section 32 of the Police Act.	Disposal of persons arrested without warrant by peace officer.
19. (1) Notwithstanding section 18 or any other law, a police officer of at least the rank of inspector may make an ex parte application to a magistrate, to have any person arrested for any offence specified under the First Schedule to the Bail Act detained for a further period not exceeding forty-eight hours where the inquiry into that offence is incomplete and where the police officer-	Detention of accused persons during investigations.
(a) has to secure or preserve evidence relating to the offence;
(b) has reasonable grounds for believing that the person arrested will interfere with or harm the evidence connected with the offence or interfere with or cause physical injury to other persons;
(c) has reasonable grounds for believing that the persons arrested will alert other persons suspected of also having committed the offence who have yet to be arrested; or
(d) has reasonable grounds for believing that the person arrested will hinder the recovery of any property obtained as a result of the offence.
(2) Subject to subsection (1), where further detention is authorised the person arrested-
(a) shall be told the reason for such further detention; and
(b) the reason shall be noted on his custody record.
20. (1) Any person may arrest without a warrant a person who in his view commits a felony, or whom he reasonably suspects of having committed a felony provided that a felony has been committed. Any peace officer and any other person whom he may call to his assistance may also arrest without a warrant any person in the circumstances provided for in paragraphs (a) to (e) of subsection (1) of section 104 of the Penal Code.	Arrest by person other than peace officer.
(2) The owner of any property, or his servants or other persons authorised by him, may arrest without a warrant any person found in the act of committing an offence involving injury to such property.
(3) Any person arresting a person under the powers conferred by subsection (1) or (2) of this section, or under any powers under any law conferring powers of arrest upon persons other than a peace officer, shall without unnecessary delay make over the person so arrested to a peace officer or bring him before a magistrate.
(4) If any arrested person referred to in this section is brought before a peace officer and the peace officer is satisfied that there are grounds to suppose that he has committed an offence for which he may be arrested without a warrant, he shall re-arrest him, or if there is reason to believe that he has committed another offence, he shall be dealt with as if he had committed such other offence in the view of the peace officer concerned. Any person re-arrested by a peace officer under the provisions of this section shall thereafter be dealt with in accordance with the provisions of section 18 of this Code.
21. When any offence for which a person may be arrested, whether with or without a warrant, is committed in the presence of a magistrate, he may himself arrest or order any person to arrest the offender and may thereupon commit the offender, unless released on bail, to custody. Any order of a magistrate given under the provisions of this section, whether or not in writing, shall have the same force and effect as a warrant of arrest directed to the person required to carry out such order.	Offence committed in presence of magistrate.
22. If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in The Bahamas and may require any peace officer to assist him in so doing, and the provisions of sections 12 and 13 of this Code shall apply to action taken under the provisions of this section although such action is not taken under the authority of a warrant.	Recapture of person escaping.
23. (1) Every recognisance shall specify the profession or calling of the person entering into or acknowledging the same together with his Christian name and surname and the name of his place of residence, and, when duly acknowledged, shall be subscribed by the magistrate or other authorised person before whom it is acknowledged, and it shall be conditioned-	Particulars to be contained in recognisances.
(a) in the case of an accused person, that he will duly appear at the time and place of trial or of adjourned hearing and not depart the court without leave;
(b) in the case of a prosecutor or witness, that he will duly appear at the time and place of the trial of the accused, and then and there prosecute or give evidence or prosecute and give evidence, as the case may be, at the trial of the person accused;
(c) in the case of recognisance to keep the peace or to be of good behaviour and in any other case, in such manner as the magistrate shall direct.
(2) The provisions of this section shall be in addition to and not in derogation of the provisions of sections 32 and 33 of the Police Act with respect to recognisances taken by police officers in certain cases.
24. A written notice of any recognisance signed by a magistrate, a police officer acting under any powers conferred by the Police Act, or any other person authorised in that behalf under the provisions of section 34 of this Code shall at the time of signature be given to the person bound thereby.	Notice of recognisances.
25. A magistrate may, in his discretion, require any person entering into recognisances, whether as a surety or otherwise, to justify as to his sufficiency upon oath or by such evidence as the magistrate may require.	Proof of sufficiency.
26. Where a recognisance is conditioned for the appearance of a person before a court or for his doing some other matter or thing to be done before a court, the court, if such recognisance is shown to be liable to be forfeited, may declare the same to be forfeited and enforce payment of the sum due thereunder in the same manner as the payment of a fine may be enforced which has been imposed on conviction by such court:	Estreating recognisances conditioned for appearance.
Provided that, at any time before the sale of goods under a warrant of distress for the said sum, the said court may cancel or mitigate the forfeiture upon the person liable applying and giving security, to the satisfaction of the court, for the future performance of the conditions of his recognisance and paying or giving security for the payment of the costs incurred in respect of the forfeiture or upon such other conditions as the court may think just.	Estreating recognisances conditioned for appearance.
27. Where a recognisance conditioned to keep the peace or be of good behaviour or not to do or commit some act or thing has been entered into by any person as principal or surety before a court, such court, or any other court having jurisdiction in the matter, upon proof of the conviction of the person bound as principal by such recognisance of any offence which is in law a breach of such condition of the same, may adjudge such recognisance to be forfeited and adjudge any person bound thereby, whether as principal or surety, to pay the sum for which he is so bound.	Estreating recognisances conditioned for keeping the peace or doing some act or thing.
28. All sums payable in respect of a recognisance declared or adjudged by a court to be forfeited shall be paid to the clerk of such court or to such other officer as the court may direct, and shall be paid and applied in the manner in which fines imposed by a court are payable and applicable.	Payment of sums forfeited.
29. A person shall give security under this Code whether as principal or surety, either by the deposit of money with the clerk or other proper officer of the court, or by an oral or written acknowledgement of the undertaking or condition by which and of the sum for which he is bound, in such manner and form as for the time being may be directed by any rule made under this Code, and evidence of such security may be provided by entry thereof in the record of proceedings of such court or otherwise as may be directed by any such rule.	Rules as to securities.
30. Any sum which may become due from a surety in pursuance of a security in respect of a breach of a recognisance, shall be recoverable summarily as a civil debt on summons by a peace officer or by some other person authorised for the purpose by a court.	How forfeited security is to be realised in the case of a surety.
31. A court may enforce the payment of any sum due from a principal in pursuance of a security in respect of a recognisance which appears to such court to be forfeited in the same manner as the payment of a fine may be enforced which has been imposed on conviction by such court if the security was given for a sum adjudged upon conviction, and in any other case in like manner as if it were a sum adjudged to be paid as a civil debt:	How forfeited security given by a principal on conviction to be recovered.
Provided that, before a warrant of distress for the sum is issued, such notice of the forfeiture shall be served on the said principal in such manner as may be directed for the time being by rules under this Code and subject thereto by the court authorising security or by any magistrate's court to which application is made for the issue of the warrant.
32. Any sum paid by a surety on behalf of his principal in respect of a security under this Code, together with all costs, charges and expenses incurred by such surety in respect of such security, shall be deemed a civil debt due to him from the principal and may be recovered before a magistrate's court in manner applicable to the recovery of a civil debt which is recoverable summarily.	Surety may recover as civil debt from principal any sum paid under security.
33. Where security is given in respect of a recognisance for payment of a sum of money, the payment of such sum shall be enforced by means of such security before resort is had to other means of enforcing such payment.	Securities to be realised before other steps are taken.
34. When a court has fixed, as respects any recognisance, the amount in which the principal and the sureties (if any) are to be bound, the recognisance, notwithstanding anything in this or any other law, need not be entered into before such court but may, subject to any rules made in pursuance of this Code, be entered into by the parties before any magistrate, clerk or registrar of any court or before the Commissioner of Police in New Providence or any peace officer in charge of any police station in any Out Island, or, where any of the parties is in prison, before the keeper of such prison. Where a recognisance has been entered into for the due appearance of the principal at any court, and such person duly appears in accordance with the conditions in such recognisance, the bail may be renewed by any peace officer in the said court, if the judge or registrar or magistrate be not present, and thereupon all the consequences of law shall ensue, and the provisions of this Code with respect to recognisances taken before a court shall apply as if the recognisances had been entered into before a magistrate or a judge.	Recognisance taken out of court.
PART IV GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS	Recognisance taken out of court.
35. (1) The Supreme Court and every magistrates' court shall have authority to cause to be brought before it any person who is within The Bahamas and who is charged with an offence-	Authority of Supreme Court and magistrates' court and general validity of judicial processes.
(a) committed within the limits of its jurisdiction; or
(b) which according to law may be inquired into or tried as if it had been committed within its jurisdiction,
and to deal with the accused person according to law and subject to the jurisdiction of the court concerned.
(2) Any summons, warrant of arrest, search warrant or other judicial process issued in due form under the provisions of this Code by any court, judge or magistrate shall be of full force and effect in any part of The Bahamas without any requirement for further authentication, backing or endorsement by any person before execution in any district of The Bahamas other than that in which the same is issued.
(3) In addition to the powers conferred upon a judge by this Code or any other law, every judge shall be deemed to have all the powers conferred by this Code upon any magistrate to issue any summons, warrant of arrest, search or other judicial process.
36. The Supreme Court may inquire into and try any offence subject to its jurisdiction at any place where it has power to hold sittings:	Powers of Supreme Court in certain cases.
Provided that no criminal case shall be brought under the cognisance of the Supreme Court exercising its original criminal jurisdiction unless the same shall have been previously investigated by a magistrate's court and the accused person shall have been committed for trial before the Supreme Court.	Powers of Supreme Court in certain cases.
37. The Registrar of the Supreme Court shall give notice of the date and place of trial of any criminal offence by the Supreme Court to all persons required to attend thereat in such manner as the Chief Justice may direct.	Place and dates of sessions of the Supreme Court.
38. Subject to the provisions of this Code, every offence shall be inquired into or tried by a magistrate's court having jurisdiction within the district in which the offence was committed or within the jurisdiction of which the accused was apprehended or is in custody in respect of a charge for that offence or has appeared in answer to a summons lawfully issued charging that offence.	Ordinary place of inquiry or trial by magistrate's court.
39. When a person accused of having committed an offence within The Bahamas has removed from the district within which the offence was committed and is found within another district, the magistrate's court within the jurisdiction of which he is found may cause him to be brought before it and shall, unless authorised to proceed with the case, send him in custody to the magistrate's court having jurisdiction in the district in which the offence is alleged to have been committed, or may require him to give security for his surrender to that court there to answer the charge and to be dealt with according to law.	Accused person may be sent to the district in which offence alleged to have been committed.
40. Where any person is to be sent in custody in pursuance of the last preceding section, a warrant shall be issued by the magistrate's court within the jurisdiction of which he is found and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named and to carry him and to deliver him up to the magistrate's court having jurisdiction in the district in which the offence is alleged to have been committed or may be inquired into or tried. The person to whom such warrant is directed shall execute it according to its tenor without delay.	Removal of accused persons under warrant.
41. When a person is accused of the commission of any offence by reason of anything which has been done or of any consequence which has ensued, such offence may be inquired into or tried by a magistrate's court having jurisdiction in the district in which such thing was done or in which any such consequence ensued.	Trial or inquiry at place where act done or where consequences of offence ensue.
42. When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge in respect of the first-mentioned offence may be inquired into or tried by a magistrate's court having jurisdiction in the district within which either act was done.	Trial or inquiry where offence is connected with another offence.
43. When it is uncertain in which of several districts an offence was committed, or-	Trial or inquiry where place of offence is uncertain.
(a) when an offence is committed partly in one district and partly in another; or
(b) when an offence is a continuing one and continues to be committed in more than one district; or
(c) when it consists of several acts done in different districts,
it may be inquired into or tried by a magistrate's court having jurisdiction in any of such districts.
44. An offence committed whilst the offender is in the course of performing a journey may be inquired into or tried by a magistrate's court having jurisdiction in any district through which the offender, or the person or thing in respect of which the offence was committed, passed in the course of that journey or voyage.	Offence committed on a journey.
45. Whenever any doubt arises as to the court by which any offence should be inquired into or tried, any court entertaining such doubt may, in its discretion, report the circumstances to the Supreme Court and the Supreme Court shall decide by which court such offence shall be inquired into or tried.	Supreme Court to decide in cases of doubt.
46. The place in which any court sits for the purpose of trying any offence shall be deemed to be an open court to which the public generally may have access, so far as the same can conveniently contain them:	Court to be open.
Provided that the presiding judge or magistrate may, at any stage of the trial of any offence before the court, order that the public generally or any particular person shall not have access to or remain in the room or building when the trial is being conducted if it appears to him to be necessary for the due administration of justice or in the interests of defence, public safety, public order or public morality or for the welfare of persons under eighteen years of age.	Court to be open.
47. Notwithstanding the provisions of any other law, at a preliminary inquiry into or trial of an offence under sections 6 to 15 of the Sexual Offences and Domestic Violence Act, 1991 the evidence of the person upon whom the offence is alleged to have been committed shall not be given in any court, except with the leave of the court, in the presence of members of the public other than bona fide representatives of the news media:	Hearing in camera.
Provided that any person upon whom any such offence is alleged to have been committed and the person charge with the offence may each request the attendance at court of any two persons during all stages of the proceedings and thereupon the persons so requested to attend shall be entitled to attend at the court at any stage of the proceedings.
(2) The court shall not give leave in pursuance of subsection (1) for any evidence except on an application made to the court, in the absence of the jury (if any), by or on behalf of the person charged with the offence; and on such an application the court shall give leave if the court is satisfied that neither public morality nor the due administration of justice would be prejudiced thereby.
48. (1) If upon the hearing of any complaint it appears that the cause of the complaint arose outside the limits of the jurisdiction of the magistrate's court before which such complaint has been brought, that court, upon being satisfied that the case is one which under the provisions of this Code ought to be inquired into or tried by another court, may direct that the case be transferred to the court before which such complaint ought to be inquired into or tried.	Transfer of complaint to another magistrate's court.
(2) If, in a case to which the provisions of subsection (1) of this section applies, the accused person is in custody and the court directing such transfer considers it expedient that such custody should be continued, or, if he is not in custody, that he should be placed in custody, the court shall direct the offender to be taken by a peace officer before the court to which such complaint is transferred, and shall give a warrant for that purpose to such officer and shall deliver to him the complaint and the recognisances (if any) taken by such court to be delivered to the court before which the accused person is to be taken; and such complaint and recognisances (if any) shall be treated to all intents and purposes as if they had been made to and taken by such last-mentioned court.
(3) If the accused person is not retained or placed in custody as aforesaid, the court shall inform him that it has directed the transfer of the case as aforesaid, and thereupon the provisions of the preceding subsection respecting the transmission and validity of the documents in the case shall apply.
49. If, in the course of any inquiry or trial which has commenced before a magistrate's court, the evidence appears to warrant a presumption that, although the court has jurisdiction in the matter, the case is one which for any sufficient particular reason should be tried or committed for trial by some other magistrate, the presiding magistrate shall stay the proceedings and submit the case with a brief report thereon to the Chief Justice.	Procedure when a magistrate considers that he ought not to hear a case brought before him.
50. The Chief Magistrate may transfer any complaint listed in a court in New Providence or Grand Bahama presided over by a stipendiary and circuit magistrate to any other court in New Providence or Grand Bahama, as the case may be, presided over by a stipendiary and circuit magistrate:	Transfer of complaint.
Provided that no such transfer shall be made where the hearing of evidence on the complaint has already begun.	Transfer of complaint.
51. (1) Whenever it is made to appear to a judge of the Supreme Court that-	Power of a judge to order transfer of proceedings.
(a) a fair and impartial inquiry or trial cannot be had, or might not appear to be had, in any particular magistrate's court or before some particular magistrate; or
(b) some question of law of unusual difficulty is likely to arise; or
(c) a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same; or
(d) an order under this section will tend to the general convenience of the parties or witnesses; or
(e) such an order is expedient for the ends of justice or is required by any provisions of this Code,
he may order that any particular case or class of case be transferred from a magistrate's court to any other magistrate's court.
(2) A judge may act under the provisions of this section on the report of the lower court made to the Chief Justice under section 49 of this Code or on the application of any party interested or on his own initiative.
(3) Any application by an interested party for the exercise of the power conferred by this section shall be made by motion, which shall be supported by affidavit.
(4) Any accused person making any such application shall give to the Attorney-General notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of such application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application unless the Attorney-General has informed the Supreme Court in writing either that he supports the application or that he does not desire to oppose it.
52. In any proceedings against any person, and at any stage thereof before verdict or judgment, as the case may be, the Attorney-General may enter a nolle prosequi, either by stating in court or by informing the court in writing that the Crown intends that the proceedings, whether undertaken by himself or by any other person or authority, shall not continue, and thereupon the accused person shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and, if he has been committed to prison, shall be released, or, if on bail, his recognisances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.	Power of Attorney-General to enter nolle prosequi.
53. If the accused person is not before the court when a nolle prosequi is entered in his case, the Registrar or the clerk of the court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the officer in charge of the prison in which such accused person may be detained and also, if the accused person has been committed for trial, to the magistrate's court by which he was so committed, and such magistrate's court shall forthwith cause a similar notice in writing to be given to any person bound over to prosecute and to any witnesses bound over to give evidence and to their sureties (if any) and also to the accused and his sureties in case he shall have been admitted to bail.	Notice of nolle prosequi to be given by Registrar.
54. The Attorney-General may, subject to any special or general instructions which the Attorney-General may give in any case or class of cases, authorise any legal officer subordinate to him-	Delegation of powers by Attorney-General.
(a) to institute and undertake criminal proceedings against any person in any court in The Bahamas in respect of any offence; and
(b) to exercise any powers conferred upon the Attorney-General by any provision of this Code:
Provided that the Attorney-General may himself, at any time, and at any stage in any proceedings, exercise any power conferred upon him by any provisions of this Code, notwithstanding any authority given by him to any other officer under the provisions of this section, and may at any time revoke any such authority.
55. (1) The Attorney-General and any legal practitioner instructed for the purpose by the Attorney-General, may appear to prosecute on behalf of the Crown or the Commissioner of Police or any public officer, public authority or department of Government in any criminal proceedings before any court.	Authority to conduct prosecutions on behalf of the Crown, etc.
(2) Subject to such directions as may be given by the Attorney-General from time to time, any police officer may conduct proceedings in a magistrate's court on behalf of the Crown or the Commissioner of Police, and any such police officer may appear and conduct the prosecution notwithstanding that he is not the officer who made the complaint or charge in respect of which such proceedings arose.
(3) The Attorney-General may by writing authorise any public officer to conduct prosecutions in a magistrate's court in respect of particular matters or categories of offences or matters or offences relating to the activities or functions of a particular Ministry or department of the Government.
56. Notwithstanding any power conferred upon any person by or under the provisions of section 54 or 55 of this Code, to institute or conduct any criminal proceedings, any such person shall at all times in respect thereof be subject to the directions of the Attorney-General who may in any case himself institute or conduct any criminal proceedings or may take over and continue, or direct any legal officer subordinate to him to take over and continue in accordance with his instructions, any criminal proceedings instituted or undertaken by any such person as aforesaid or by any other person acting as or on behalf of a private prosecutor.	Ultimate control of conduct of all prosecutions vested in Attorney-General.
57. Any person conducting a private prosecution may do so in person or may be represented by a legal practitioner instructed by him in that behalf.	Conduct of private prosecutions.
58. (1) Criminal proceedings may be instituted either by the making of a complaint or by the bringing before a magistrate of a person who has been arrested without a warrant.	Complaint and charge.
(2) Any person, who believes from a reasonable and probable cause that an offence has been committed by any person, may make a complaint thereof to a magistrate appointed to preside over a magistrate's court having jurisdiction in the matter.
(3) A complaint may be made orally or in writing, but if made orally shall be reduced to writing by the magistrate, and in either case shall be signed by the complainant and the magistrate:
Provided that where proceedings are instituted by a peace officer or other public officer acting in the course of his duty, a formal charge duly signed by such officer may be presented to the magistrate and shall for the purposes of this Code be deemed to be a complaint.
(4) A magistrate, upon receiving any such complaint, shall, unless such complaint has been laid in the form of a formal charge in accordance with the preceding section, draw up or cause to be drawn up and shall sign a formal charge containing a statement of the offence with which the accused is charged.
(5) When an accused person who has been arrested without a warrant is brought before a magistrate, a formal charge containing a statement of the offence with which the accused is charged shall be signed and presented by the peace officer preferring the charge.
(6) Every complaint shall be for one matter only, but the complainant may lay one or more complaints against the same person at the same time and the court hearing any one of such complaints may deal with one or more of the complaints together or separately as the interests of justice appear to require.
[iii]* (7) A complaint laid by or in the name of the Commissioner of Police and signed by the Commissioner of Police or any peace officer shall be deemed to be in conformity with the foregoing provisions of this section.
59. (1) Upon receiving a complaint and the charge having been signed in accordance with the provisions of section 58 of this Code, a magistrate may, in his discretion, issue either a summons or a warrant to compel the attendance of the accused person before a magistrate's court having jurisdiction to inquire into or try the offence alleged to have been committed:	Issue of summons or warrant.
Provided that a warrant shall not be issued in the first instance unless the complaint has been supported by an oath, either by the complainant or by a witness.
(2) A magistrate shall not refuse to issue a summons under the provisions of this section unless he shall be of the opinion that the application for a summons is frivolous or vexatious or an abuse of the process of the court and if, in his discretion, he refuses to issue a summons, the person applying for the same may require the magistrate to give him a written certificate of refusal and may apply to the Supreme Court for an order directing such magistrate to issue the summons sought or such other summons as the Supreme Court may direct.
(3) No warrant or summons shall be held to be invalid by reason only that the magistrate who issued the same has died or ceased to hold office or has otherwise ceased to act in the matter and any other magistrate assigned to the court may take su