ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

SECTION

PART II
POWER OF COURTS

PART III
PROVISIONS RELATING TO ARREST, RECOGNISANCES AND SURETIES

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND
PROCEEDINGS

PART V
PROVISIONS RELATING TO PRELIMINARY INQUIRIES INCLUDING THE USE OF EXPERT DOCUMENTARY EVIDENCE THEREAT AND IN OTHER CRIMINAL PROCEEDINGS

PART VI
PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

PART VII
MISCELLANEOUS PROVISIONS RELATING TO PERSONS TRIED BEFORE THE SUPREME COURT

PART VIII
PROCEDURE IN TRIALS BEFORE MAGISTRATE'S COURTS

PART IX
APPEALS FROM MAGISTRATE'S COURTS AND CASES STATED

PART X
PROCEDURE FOR INDICTMENT OF OFFENDERS

PART XI
SUPPLEMENTARY PROVISIONS

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

[Assent 31st December, 1968]
[Commencement 2nd April, 1969]

"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.

(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.

[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.

(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-

(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.

(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.

(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.

(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.

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-

(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.

(2) Subject to subsection (1), where further detention is authorised the person arrested-

(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.

(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.

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.

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.

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.

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.

it may be inquired into or tried by a magistrate's court having jurisdiction in any of such districts.

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.

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.

(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.

Provided that no such transfer shall be made where the hearing of evidence on the complaint has already begun.

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.

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.

(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.

(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.

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 such proceedings as may be necessary to enforce the said warrant or to hear and determine the complaint in respect of which the summons was issued.

(2) Every warrant shall state shortly the offence with which the person against whom it is issued is charged, or other reason for the arrest, and shall name or otherwise describe such person and shall order the peace officers to whom it is directed to bring such person before the court issuing the warrant, or before some other court having jurisdiction in the case, to answer to the charge therein mentioned or to be further or otherwise dealt with according to law. Any such warrant may be executed by any one or more peace officers, and shall not be made returnable at any particular time but shall remain in force until executed or cancelled by the magistrate issuing the same or by order of a court having jurisdiction in the matter.

(3) Upon being satisfied that it is necessary so to do in order that the person in respect of whom a warrant of arrest is issued may be conveniently and speedily apprehended, the magistrate issuing the warrant may, at the same time or subsequently, issue one or more duplicate warrants and any such duplicate warrant shall be of the same force and effect as the original.

(2) The endorsement shall state-

(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the court.

(2) Without prejudice to subsection (3) the peace officer shall at the time of such service notify the alleged offender of his requirement to appear before a magistrate on the date specified in connection with the charge and also that he has the opportunity of having his appearance before a magistrate waived and of having no conviction recorded against him should he, the alleged offender, sign the notice in the appropriate place in acknowledgement of his guilt and return it to the magistrate's clerk specified in the notice together with the sum mentioned in the notice in payment of the fixed penalty.

(3) Where under subsection (1) the peace officer finds that the offence is being or has been committed and it is an offence-

the officer may in lieu of serving personally the alleged offender then and there with the prescribed notice effect in the absence of the offender the service of the notice by affixing it to the vehicle.

(4) Notwithstanding anything to the contrary in any law the registered owner of such vehicle shall, for the purposes of any criminal proceedings to be taken against the alleged offender in a court of summary jurisdiction in respect of an offence mentioned in the First Schedule (hereinafter in this section referred to as "proceedings") be deemed to be the alleged offender served and liable for the offence in respect of which service is effected in accordance with subsection (3):

Provided that if at the hearing of those proceedings the registered owner alleges that he was not the driver or the person in charge of the vehicle at the time when the alleged offence was committed, the court may cause a summons to be issued to the person who is alleged by the registered owner to have been the driver or the person in charge making him a co-defendant in the proceedings and the court may after hearing the evidence and witnesses, if any, of all parties make such order as to the payment of any fine and costs as to the court may seem just.

(5) A notice, if affixed to a vehicle under subsection (3), shall not be removed or interfered with except by or under the authority of the driver or person in charge of the vehicle or the person liable for the offence in question; and any person contravening this subsection is guilty of an offence and liable to a fine of not less than five hundred dollars and not exceeding one thousand five hundred dollars.

(6) Notwithstanding anything to the contrary in any law the alleged offender who signs the notice and pays the fixed penalty before the expiration of seven days following the date of the notice shall be treated for all purposes in law as a person who has not committed or been charged with or prosecuted for or convicted of or sentenced for the offence in respect of which payment was made.

(7) Subject to subsection (10) where a person is served a notice under subsection (1) or (3) in respect of an offence no proceedings shall be taken against the alleged offender for that offence until the end of seven days following the date of the notice.

(8) Payment of the fixed penalty shall be made to the clerk of the Magistrate's Court specified in the notice and the admission of guilt and the sum paid shall, subject to subsection (6) be dealt with by the magistrate of that court in the same manner as an adjudication by him in court upon the admission of an offence punishable on summary conviction and for which no conviction is recorded.

(9) In any proceedings a certificate that payment of the fixed penalty was or was not paid to the relevant magistrate's clerk by the date specified in the certificate shall, if the certificate purports to be signed by the magistrate's clerk, be sufficient evidence of the facts stated therein, unless the contrary is proved.

(10) For the purposes of this section "fixed penalty" means the sum of seventy-five dollars or the minimum amount sanctioned by the law constituting the respective offence as a penalty for its commission, whichever is the greater.

(11) In any proceedings for an offence to which subsection (1) or (3) applies no reference shall be made after the conviction of the alleged offender to the giving of any notice under this section or to the payment or non-payment of the fixed penalty unless in the course of the proceedings or in some document which is before the Court in connection with the proceedings reference has been made by or on behalf of the alleged offender to the giving of such a notice or as the case may be to such a payment or non-payment.

(12) A notice issued to a person under subsection (1) or (3) shall for the purposes of this Act or any other law be deemed to be a summons issued to that person by the magistrate or the magistrate's court specified in the notice for the appearance of that person in the event where he does not sign the notice in acknowledgement of his guilt and make payment of the fixed penalty.

(13) Where pursuant to subsection (4) the registered owner liable for the offence is a body corporate, the latter in any proceedings may appear in court through a counsel and attorney or a secretary or director or through a person authorised in writing to do so by that body corporate.

(14) For the purposes of this section the prescribed notice shall be in the form specified in Part II of the First Schedule.

Provided that no warrant may be issued in a case in which the summons is one in which the provisions of section 66 of this Code apply and in which a written plea of guilty has been entered and the penalty paid in accordance with the provisions of that section:

And provided further that when the summons was not served personally upon the person summoned, the court shall not issue a warrant unless it is satisfied that the summons has come to the attention of such person.

(2) When any person who is bound by any bond taken under the provision of this section, or under any other provisions of this Code, to appear before a court, or who has made a deposit of money in lieu of executing such bond, does not so appear, the court may issue a warrant directing that such person be arrested and brought before the court.

(2) The officer to whom an order issued under the provisions of subsection (1) of this section is directed, on receipt of such order, shall act in accordance therewith, and shall provide for the safe custody of the prisoner during his absence from the prison for the purposes aforesaid and shall thereafter return him to the prison unless otherwise ordered by a court of competent jurisdiction, and such prisoner shall for all purposes be deemed to be in lawful custody during such absence.

(2) For the purposes of this section "place" shall include any building, ship, vehicle, aircraft, box, receptacle or locality whatsoever in any part of The Bahamas as may be specified in any search warrant.

(3) Every search warrant shall be issued under the hand and seal of the magistrate issuing the same and may be issued at any time and on any day and shall remain in force until executed or cancelled by such magistrate or by order of a court having jurisdiction in the matter.

(2) If ingress thereto or egress from such building or other place cannot be obtained, the peace officer executing the search warrant may proceed in the manner provided by section 12 or 13 of this Code.

(3) Where any person in or about such building or place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. If such person is a woman the provisions of section 16 of this Code shall be observed.

(2) If any appeal is made in such case or if any person is committed for trial, any court concerned may order any such thing to be retained further for the purpose of such appeal or trial.

(3) If no appeal is made, or if no person is committed for trial, the court shall direct such thing to be restored to the person from whom it was taken, unless the court is authorised and sees fit, or is required by law, to dispose of it otherwise.

(2) Where more than one offence is alleged in a charge or information, a description of each offence so charged shall be set out in a separate paragraph of the charge or information called a count.

(3) Where, before trial or at any stage of a trial, the court is of opinion that a person accused may be embarrassed in his defence by reason of being charged with more than one offence in the same charge or information or that for any other reason it is desirable to direct that the accused person be tried separately for any one or more offences alleged in a charge or information, the court may order a separate trial of any count or counts of such charge or information.

Provided that where before trial, or at any stage of a trial, the court is of opinion that a person accused may be embarrassed in his defence by reason of his being tried together with another person or other persons or that for any other reason it is desirable to direct that the accused person be tried separately, the court may order a separate trial of such accused person.

[iv](2) Any number of charges involving one or more accused persons may, if the charges consist of offences which are founded on the same facts or which form or are part of a series of offences of the same or a similar character, be heard and determined together unless the court, having regard to any representations made by or on behalf of the prosecution or the accused person, or the court on its own motion, otherwise determines in the interests of justice.

Provided that rules 1, 2 and 12 of the said rules shall not apply to charges tried by magistrate's courts and the formal matters and commencement in case of charges tried summarily shall be in conformity with the practice in use at the date of commencement of this Code until any other provision is made under any other law:

Provided further that the said rules, in relation to their application to informations in the Supreme Court, may be added to, varied or revoked by the Rules Committee appointed under the Supreme Court Act.

(2) Without prejudice to the provisions of subsection (1) of this section, no count shall be deemed objectionable or insufficient on any of the following grounds, namely that-

Provided that, if it appears to the court that the interests of justice and the avoidance of prejudice to the accused person so require, the court shall order that the complainant or the prosecutor shall furnish particulars further describing or specifying any of the foregoing matters.

(2) Without prejudice to the provisions of subsection (1) of this section, prima facie proof may be given of a previous conviction in any place within or without The Bahamas by the production of a certificate purporting to be issued under the hand of a police officer in the place where the conviction was had, containing a copy of the sentence or order and the fingerprints, or photographs of the fingerprints, of the person so convicted, together with evidence that the fingerprints of the person so convicted are those of the accused person.

(2) Such fine, if not previously paid, may be levied by attachment and sale of any movable property belonging to such witness within the local limits of the jurisdiction of such court.

(3) In default of recovery of any such unpaid fine by attachment and sale of goods, the witness may, by order of the court, be imprisoned as a civil prisoner for a term of fifteen days unless such fine is paid before the end of the said term.

(4) For good cause shown, the Supreme Court may remit or reduce any fine imposed under this section by a magistrate's court.

Provided that the prosecutor or the counsel for the prosecution and the defendant or his counsel shall have the right to cross-examine any such person, and the court shall adjourn the case for such time (if any) as it thinks necessary to enable such cross-examination to be adequately prepared, if, in its opinion, either party may be prejudiced by the calling of any such person as a witness.

Provided that the court may at any time, if it thinks it just and expedient (for reasons to be recorded in the proceedings), take without oath the evidence of any person declaring that the taking of any oath whatever is according to his religious belief unlawful, or who by reason of immature age or want of religious belief ought not, in the opinion of the court, to be admitted to give evidence on oath; the fact of the evidence having been so taken shall be recorded in the proceedings.

without in any such case offering any sufficient excuse for such refusal or neglect, the court may adjourn the case for any period not exceeding ten days, and may in the meantime commit such person to prison, unless he sooner consents to do what is required of him.

(2) If such person, upon being brought before the court at or before such adjourned hearing, again refuses to do what is required of him, the court may, if it sees fit, again adjourn the case and commit him for the like period, and so again from time to time until such person consents to do what is so required of him.

(3) Nothing herein contained shall affect the liability of any such person to any other punishment or proceeding for refusing or neglecting to do what is so required of him, or shall prevent the court from disposing of the case in the meantime according to any other sufficient evidence taken before it.

(2) The magistrate presiding over the court to which the commission is issued shall proceed to the place where the witness is or shall summon the witness before him, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in the case of a trial or preliminary inquiry.

(2) Any such party may appear before such magistrate by counsel or in person, and may examine, cross-examine, and re-examine (as the case may be) the said witness. If any such party is in custody the magistrate shall give directions for such party to be present at the examination of the witness and the provisions of section 69 of this Code shall apply as if such party were required to be brought before the court.

(2) Any deposition so taken may also be received in evidence at any subsequent stage of the case before another court.

(2) If the case is one in which bail may be taken, the court may release the accused person on sufficient surety being given that he will be properly taken care of and prevented from doing injury to himself or to any other person, and for his appearance, if called upon, before the court or any officer of the court appointed in that behalf.

(3) If the case is one in which bail may not be taken or if sufficient surety cannot be given or the court, for any sufficient reason, considers that bail ought not to be granted, the court shall report the matter to the Governor-General who may order the accused person to be detained in any hospital or other place appointed by any law for the reception or custody of lunatics; and the Governor-General may from time to time make such further order in the case for the detention, treatment or otherwise of the accused as the circumstances may require. Pending the order of the Governor-General in any such case the court shall direct that the accused person be remanded in custody.

(2) All evidence shall be recorded in English and, if any evidence is given in any other language, it shall be interpreted; and, in the case of any documents tendered in evidence which are written in a foreign language, a translation shall be provided. Any interpretation or translation shall be made by a person appointed or approved for the purpose by the court.

(3) If the accused does not understand English, any evidence given shall be interpreted to him in a language which he understands.

[v](4) Except as may be otherwise expressly provided by any written law, a court shall not be required to record its performance or fulfilment of any duty or function prescribed under, the provisions of this Code:

Provided that-

(5) Where an information before the Supreme Court is quashed by reason of a failure of the court of committal to comply with a requirement of this Code and to which paragraph (b) of the proviso to subsection (4) applies the court quashing the information may-

(2) Subject to the provisions of section 216 of this Code and to any directions issued under the provisions of subsection (1) of this section, in inquiries and trials in criminal matters before a magistrate's court, the evidence of the witnesses shall be recorded in the following manner-

Provided that a magistrate may, in his discretion, take down or cause to be taken down any particular question and answer or the evidence or any part thereof in any particular case in the form of questions and answers.

(3) At the request of a witness his evidence shall be read over to him.

Provided that the whole judgment shall be read out by the presiding judge or magistrate if he is requested so to do either by the prosecution or the defence.

(2) In any case in which judgment is required by subsection (1) of this section to be read, or the substance thereof explained, in open court, the accused person shall be required to be present to hear the same.

Provided that in a case in which the accused person has admitted the truth of the charge and has been convicted, it shall be sufficient compliance with the provisions of this subsection if the judgment contains only the finding and sentence or other final order and is signed and dated by the magistrate at the time of pronouncing it.

(2) In the case of a conviction the judgment shall specify the offence of which, and the section of the law under which, the accused person is convicted and the punishment to which he is sentenced or other lawful order of the court upon such conviction.

(3) In the case of an acquittal the judgment shall state the offence of which the accused person is acquitted, and the section of the law under which the charge was preferred, and shall direct that he be set at liberty in respect of that offence.

Provided that no person tried for such misdemeanour shall be liable to be afterwards prosecuted for felony on the same facts, unless the court before which such trial may be had shall think fit, in its discretion, to discharge the jury from giving any verdict upon such trial and to direct that such person be charged upon information for felony, in which case such person may be dealt with in all respects as if he had not been put upon his trial for such misdemeanour.

(2) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete lesser offence, and such combination is proved but the remaining particulars are to be proved, he may be convicted of the lesser offence although he was not charged with it.

(3) When a person is charged with an offence and facts are proved which reduce it to a lesser offence, he may be convicted of the lesser offence although he was not charged with it.

For the purposes of this section, the consent of the accused person to the conduct of the trial in his absence shall be deemed to have been given in a case in which he enters a written plea of guilty under the provisions of section 66 of this Code.

(2) Every person accused of any criminal offence, whether present in person or absent in accordance with the provisions of this section, may be defended before any court by a legal practitioner except in a case in which the provisions of section 66 of this Code apply and a written plea of guilty has been entered.

(2) The accused person or any legal practitioner appearing on his behalf shall be entitled to cross-examine any such witness and the answers of a witness thereto shall form part of the deposition of such witness.

(3) If the accused person is not represented by a legal practitioner, the magistrate shall, at the close of the examination of each witness for the prosecution, ask the accused person whether he wishes to put any questions to that witness.

[vii](4) Subject to subsection (6), the deposition of each witness shall be-

in the presence of the accused, at such time as is appointed therefor by the magistrate and notified to the accused.

(5) If any witness denies the correctness of any part of the deposition when the same is read over to him, the magistrate may, instead of altering the deposition as written down, make a memorandum thereon of the objection made to it by the witness and shall add any remarks as to the matter as he thinks necessary.

(6) If a statement is made by a witness in a language other than that in which it is taken down and the witness does not understand the language in which it is taken down, it shall be interpreted to him in a language which he understands by an interpreter who shall be sworn in accordance with the provisions of the Oaths Act, and the identity of the interpreter shall be recorded thereon by the magistrate.

[viii](7) The magistrate may permit a deposition upon completion to be read over to and signed or attested by a witness in the absence of the accused, if the accused, having been notified in accordance with subsection (4) to appear before the magistrate, fails to so appear.

(8) The failure of an accused person to be present at the reading over to, and the signing or attesting by, a witness of his deposition as mentioned in subsection (4) shall not render that deposition invalid.

shall be receivable in any criminal proceedings in any court as evidence of any matter or thing contained therein relating to the survey or examination as the case may be.

(2) Notwithstanding subsection (1) the court may of its own motion or where it appears desirable in the interests of justice on the application of any party to the proceedings require the person who did the survey or the analyst to attend before the court and give evidence.

(3) The provisions of this section shall with the necessary modifications apply to a document purporting to be a post mortem report of a duly registered medical practitioner and to a document purporting to be a report made by such a practitioner within forty-eight hours of his examination of-

a person and which injury or condition is relevant to the criminal proceedings in which the document is sought to be introduced as evidence.

(4) In this section the expression "analyst" means a person employed in the public service as an analyst, a firearms examiner, a ballistics expert, a firearms technician or a radiologist or, subject to him being designated for the purposes of this section by the Minister responsible for the Health Services, a laboratory technician.

(5) The court may for the purposes of the proceedings assume that the signature on any such document is genuine without further evidence on the point and that the person preparing or signing it held the qualification and office which he professed to hold at the time of that preparation or signature.

[ix](6) Notwithstanding anything to the contrary in this or any other law, any document purporting to be a report of an analysis, test or examination carried out by a person employed in the public service in the capacity of an analyst, chemist, laboratory technician or medical practitioner shall be receivable, without proof of the signature, qualification, employment or office of the person by whom the report purports to be issued, in any proceedings of a criminal nature as prima facie evidence of the results of such analysis, test or examination, as the case may be.

(2) During a remand the court may at any time order the accused to be brought before it and, subject to the provisions of the Bail Act, may on a remand at any time admit the accused to bail.

(2) Everything which the accused person says, either by way of statement or evidence, shall be recorded in full and shall be shown or read over to him, and he shall be at liberty to explain or add to anything contained in the record thereof.

(3) When the whole is made conformable to what he declares is the truth, the record thereof shall be attested by the magistrate, who shall certify that such statement or evidence was taken in his presence and hearing and contains accurately the whole statement made, or evidence given, as the case may be, by the accused person. The accused person shall sign, or attest by his mark, such record. If he refuses, the court shall add a note of his refusal, and the record may be used as if he had signed or attested it.

(4) After subsection (3) has been complied with, the magistrate shall explain to the accused person that if the court commits him for trial he may not be permitted at the trial to give evidence of an alibi or to call witnesses in support of an alibi unless he give particulars of the alibi and of the witnesses to the court immediately or to the Attorney-General within 21 days from the end of the committal proceedings; and where the court commits the accused person for trial the magistrate shall record in writing the fact that the explanation has been given.

(2) The magistrate shall take the evidence of any witnesses called by the accused person in like manner as in the case of the witnesses for the prosecution, and every such witness, not being merely a witness to the character of the accused person, shall be bound by recognisance to appear and give evidence at the trial of such accused person.

(3) If the accused person states that he has witnesses to call, but that they are not present in court, and the magistrate is satisfied that the absence of such witnesses is not due to any fault or neglect of the accused person, and that there is a likelihood that they could if present give material evidence on behalf of the accused person, the magistrate may adjourn the inquiry and issue process, or take other steps, to compel the attendance of such witnesses, and on their attendance shall take their depositions and bind them by recognisance in the same manner as witnesses under subsection (2) of this section.

(4) In any preliminary inquiry under this Part of this Code the accused person or his counsel (if any) shall be at liberty to address the court-

immediately after the evidence of such witnesses.

(5) If the accused person or his counsel addresses the court in accordance with the provisions of subsection (4) of this section, the prosecution shall have the right of reply.

(6) Where the accused person reserves his defence, or at the conclusion of any statement in answer to the charge or evidence in defence, as the case may be, the magistrate shall ask him whether he desires any assistance in regard to calling witnesses at the trial, other than any whose evidence has been taken under the provisions of this section, and, if so, whether he desires to give their names and addresses so that they may be summoned. The magistrate shall thereupon record the names and addresses of any such witnesses whom he may mention.

Provided that nothing contained in this section shall prevent the court from proceeding either forthwith, or after such adjournment of the inquiry as may seem expedient in the interests of justice, to investigate any other charge upon which the accused person may have been summoned or otherwise brought before it, or which, from the evidence given in the course of the hearing of the charge so dismissed as aforesaid, it may appear that the accused person has committed.

Provided that in every such case the accused shall be entitled to have recalled for cross-examination or further cross-examination all witnesses for the prosecution whom he may require to be recalled.

(2) In the case of a corporation, the court may, if it considers the evidence sufficient to put the accused corporation on trial, make an order authorising the Attorney-General to file an information against such corporation, and for the purposes of this Code any such order shall be deemed to be a committal for trial.

Provided that if the complainant is acting on behalf of the Crown, the Attorney-General, the Commissioner of Police or any department of the Government or is a public officer acting in his official capacity, he shall not be required to be bound by any recognisance or to give any security.

The court shall at the time of committing him for trial inform the accused person of the effect of this provision.

(2) Where a witness has been, or is to be treated as having been, bound over conditionally to attend the trial, the Attorney-General or the person committed for trial may give notice, at any time not later than seven days before the date fixed for trial, to the committing magistrate's court and at any time thereafter to the Registrar of the Supreme Court that he desires the witness to attend the trial, and any such court or Registrar to whom any such notice is given shall forthwith notify the witness that he is required so to attend in pursuance of his recognisance.

The magistrate's court shall, on committing the accused person for trial, inform him of his right to require the attendance at the trial of any such witness as aforesaid, and of the steps which he must take for the purposes of enforcing such attendance.

(3) Any documents or articles produced in evidence before the magistrate's court by any witness whose attendance at the trial is stated to be unnecessary in accordance with the provisions of this section and marked as exhibits shall, unless in any particular case the magistrate's court otherwise orders, be retained by the magistrate's court and forwarded with the depositions to the Registrar of the Supreme Court.

Provided that it shall be admissible against the accused although it may have been taken in his absence, and may not have been read over to the witness in his presence, and although neither he nor his counsel had any opportunity of cross-examining the witness, if it is proved that the accused having received such notice aforesaid that such deposition was about to be taken, refused or neglected to be present, or to cause his counsel to be present, when it was taken:

Provided further that if it is proved that the person whose evidence has been taken as aforesaid has so recovered from his sickness or returned to The Bahamas as to be able to be present at the sessions at which the accused is tried, such deposition so taken as aforesaid shall not be read.

(2) Subject to any express directions which may be given by the Attorney-General, the effect of any such reference back to the magistrate's court shall be that the inquiry shall be re-opened and dealt with in all respects as if the accused person had not been committed for trial.

Provided that in every such case the accused shall be entitled to have recalled for cross-examination or further cross-examination all or any of the witnesses for the prosecution.

(2) The Attorney-General or the officer acting on his instructions as aforesaid may at any time add to, alter or revoke any such directions.

(2) Every such information shall be drawn up in accordance with the provisions of this Code and, when signed by the Attorney-General, or by any person authorised by him under the provisions of section 54 of this Code, shall be filed in the office of the Registrar together with such additional copies thereof as are necessary for service upon the accused person or persons.

(3) In any such information the Attorney-General may charge the accused person with any offence which, in his opinion, is disclosed by the depositions either in addition to or in substitution for the offence upon which the accused person has been committed for trial.

"A.B.                                                      Take notice that you will be tried on the information whereof this is a true copy by the Supreme Court at ........................ on the ...................... day of ......................... 19........"

(2) The Supreme Court may give such directions for the amendment of the information and the service of any notices which the court may deem necessary in consequence of any order made under subsection (1) of this section.

(2) In the case of a corporation, the corporation may, by its representative, enter a plea in writing, and if either the corporation does not appear by its representative or, though it does so appear, fails to enter a plea, the court shall cause a plea of not guilty to be entered.

For the purposes of this section a representative of a corporation need not be appointed under the seal of the corporation and a statement in writing purporting to be signed by the managing director of the corporation or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that the person has been so appointed.

(2) Every objection to any information on any of the grounds referred to in subsection (1) of this section or for any formal defect on the face thereof shall be taken immediately after the information has been read over to the accused and not later.

(2) When an information is amended under the provisions of this section, a note of the order for amendment shall be endorsed on the information and thereafter the information shall be treated for the purposes of all proceedings in connection therewith as having been filed in the amended form.

(3) Where, before a trial upon information or at any stage of such trial, the court is of the opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same information, or that for any reason it is desirable to direct that where there are two or more accused persons they should be tried separately, the court may order the separate trial of any count or counts in such information or the separate trial of any accused persons charged in the same information.

(4) Where, before a trial upon information or at any stage of such trial, the court is of the opinion that the postponement of the trial is expedient as a consequence of the exercise of any power of the court under this section or any other provisions of this Code, the court shall make such order as to the postponement of the trial as appears necessary.

(5) Where an order of the court is made under this section for a separate trial or for the postponement of a trial-

(6) Any power conferred upon the court under this section shall be in addition to and not in derogation of any other power of the court for the same or similar purposes.

(2) If the motion is made before the accused pleads, the court shall either quash the information or amend it, if, having regard to the interest of justice, it considers that it is proper that it should be amended.

(3) If the defect in the information appears to the court during the trial and the court does not think fit to amend it, it may, in its discretion, quash the information or leave the objection to be taken in arrest of judgment.

(4) If the information is quashed, the court may direct the accused to plead to another information founded on the same facts when called on at the same session of the court.

(2) If it appears, before or upon arraignment, that an accused person may be insane, the court may order a jury to be empanelled to try his sanity, and the jury shall thereupon, after hearing evidence for that purpose, find whether he is or is not insane and unfit to stand his trial. If the finding of the jury is that the accused person is insane and unfit to stand his trial the provisions of section 192 of this Code shall apply.

(2) If upon arraignment the accused person pleads not guilty, or if a plea of not guilty is entered upon his behalf in accordance with the provisions of section 155 of this Code, the court shall proceed to try the case.

(3) Every plea, including any special plea hereafter in this Code provided for, shall be entered by the Registrar, or other proper officer of the court, on the back of the information or on a sheet of paper annexed thereto.

(2) All other grounds of defence may be relied on under the plea of not guilty.

(3) The pleas of autrefois acquit, autrefois convict, and pardon may be pleaded together, and shall, if pleaded, be disposed of before the accused is called on to plead further; and if every such plea is disposed of against the accused, he shall be allowed to plead not guilty.

(4) In any plea of autrefois acquit, or autrefois convict, it shall be sufficient for the accused to state that he has been lawfully acquitted or convicted, as the case may be, of the offence charged in the count to which the plea is pleaded.

(5) Every special plea shall be in writing or, if pleaded orally, shall be reduced in writing, and shall be filed with the Registrar.

(2) If it appears that the accused might, on the former trial, have been convicted of any offence of which he may be convicted on the count to which the plea is pleaded, but that he may be convicted also on that count of some offence of which he could not have been convicted on the former trial, the court shall direct that he shall not be convicted on that count of any offence of which he might have been convicted on the former trial, but that he shall plead over as to the other offence charged.

(3) Upon the trial of an issue to which this section refers, the judge shall determine whether in law the accused was convicted or liable to be convicted of any offence of which he stands charged or may be convicted on the count to which he has pleaded autrefois acquit or autrefois convict; but any issue of fact arising in relation thereto shall be for determination by the jury and the judge may, if he shall think fit, require the jury to return a special verdict in relation thereto.

(2) A previous acquittal or conviction on an information for murder shall be a bar to a second information for the same homicide charging it as manslaughter; and a previous acquittal or conviction on an information for manslaughter shall be a bar to a second information for the same homicide charging it as murder.

(2) The truth of the matters charged in an alleged libel shall in no case be inquired into without such plea of justification, unless the accused is put upon his trial upon an information charging him with publishing the libel, knowing the same to be false, in which case the evidence of the truth may be given in order to negative the allegation that the accused knew the libel to be false.

(3) The accused may, in addition to such plea, plead not guilty, and the pleas shall be inquired of together. No such plea of justification as is herein provided for shall be pleaded to any information or count so far as it charges a libel to be seditious, or blasphemous, or obscene libel.

(4) If, when such a plea of justification is pleaded, the accused is convicted, the court may, in pronouncing sentence, consider whether his guilt is aggravated or mitigated by the plea.

(5) If, when such plea of justification is pleaded, the issue thereon is found against the accused, the Crown shall be entitled to recover from the accused the cost sustained by the Crown by reason of such plea.

(6) The costs so to be recovered by the Crown shall be taxed by the Registrar.

(2) Subject to the provisions of subsection (1) of this section, when the accused is given in charge of the jury the trial shall proceed continuously. Upon any adjournment the court may in all cases, if it thinks fit, direct that during the adjournment the jury shall be kept together, and proper provision made for preventing them from holding communication with anyone on the subject of the trial. Such direction shall be given in all cases in which the accused might, upon conviction, be sentenced to death.

(3) In all cases which are not capital, the jurors may be permitted to separate upon adjournment of the court:

Provided that in a trial where the charge is one of felony no juror shall be allowed to depart from the court unless and until he has taken the special oath in that behalf prescribed by subsection (3) of section 13 of the Oaths Act.

Such notice must state the witness's name and give the substance of the evidence which he intends to give. It shall be for the court to determine in any particular case what notice is reasonable, regard being had to the time when and the circumstances under which the prosecution became acquainted with the nature of the witness's evidence and decided to call him as a witness:

Provided that when, under the provisions of section 120 of this Code, the plan of a surveyor or the report of a medical practitioner or analyst has been tendered at the preliminary inquiry it shall not be necessary for the prosecution to give notice of the intention to call any such surveyor, medical practitioner or analyst as a witness at the trial of the information.

Provided that the provisions of this section shall not have effect in any case in which it is proved-

(2) When the evidence of the witnesses for the prosecution has been concluded, and the statement or evidence (if any) of the accused person before the committing court has been given in evidence, the court, if it considers that there is evidence that the accused person, or any one or more of several accused persons, committed the offence, shall inform each such accused person of his right to address the court, either personally or by his counsel (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his counsel to state whether it is intended to call any witnesses as to fact other than the accused person himself. Upon being informed thereof, the judge shall record the same.

(2) Without prejudice to subsection (1), on any such trial the accused person shall not without the leave of the court call any other person to give evidence in support of an alibi unless-

(3) The court shall not refuse leave under this section if it appears to the court that the accused person was not informed in accordance with the provisions of section 123(4) of the requirements of this section.

(4) Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after evidence is given in support of the alibi.

(5) Any notice purporting to be given under this section on behalf of the accused person by his counsel and attorney shall, unless the contrary is proved, be deemed to be given with the authority of the accused person.

(6) A notice under subsection (1) shall either be given in court during, or at at the end of, the committal proceedings before the magistrate or be given in writing to the prosecutor, and a notice under subsection (2)(c) or (d) shall be given in writing to the prosecutor.

(7) A notice required by this section to be given to the prosecutor may be given by delivering it to the Attorney-General or by leaving it at the Attorney-General's office, or by sending it by registered post addressed to the Attorney-General at his office.

(8) In this section-

"evidence in support of an alibi" means evidence tending to show that by reason of the presence of the accused person at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;

"the prescribed period" means the period of 21 days from the end of the committal proceedings before the magistrate.

(9) In computing the prescribed period there shall be disregarded any Saturday or Sunday or any day which is a public holiday under the Public Holidays Act.

(2) The court may, in its discretion, either hear and determine the matter during the same sitting or adjourn the hearing thereof to a future date to be fixed for that purpose.

(3) If the court decides in favour of the accused he shall be discharged from that information.

(2) The judgment or sentence of the court shall take effect from the beginning of the day on which it is imposed or given, unless the court otherwise directs.

and the court shall so far as possible correct any irregularity or informality which occurs in the proceedings and may direct the trial to be recommenced, for this purpose, at any stage before the verdict is given:

Provided that nothing in this section shall be construed as being in derogation of any powers conferred upon the Court of Appeal to entertain any appeal in the exercise of its criminal jurisdiction under the Court of Appeal Act.

(2) In the Crown Book the Registrar shall enter the name of the judge and a memorandum of the substance of all the proceedings at every trial and of the result of every trial:

Provided that nothing herein contained shall dispense with the taking of notes by the judge presiding at the trial.

(3) Any erroneous or defective entry in the Crown Book may at any time be amended by the judge in accordance with the fact.

(4) The information, the plea or pleas thereto, the verdict and the judgment or sentence of the court shall form and constitute the record of the proceedings in each case and shall be kept and preserved in the office of the Registrar, as of record.

(2) Whenever any convict shall be sent to any hospital or other place under the provisions of this section, it shall be lawful for the Minister of Health and the officers of such hospital or place to exercise all and singular the same and the like powers and authorities for the restraint and punishment of such convict as can by law be exercised by or are vested in the visiting committee, the gaoler and other officers of the prison in New Providence.

(3) The Governor-General may from time to time issue all necessary orders for the care, control and custody of any such lunatic convict.

(4) All persons acting under this section shall have the same and the like protection, in all respects as is given to magistrates under the Magistrates Act or any law repealing and replacing the same.

Provided that the court shall not proceed with the case in the absence of the accused person unless it is satisfied that in all the circumstances of the case such person has consented to the trial taking place in his absence.

(2) In a case in which the defendant is corporation, it shall be sufficient if the corporation appears by a representative appointed in like manner to that provided by subsection (2) of section 148 of this Code.

(2) If the accused person states that he has witnesses to call but that they are not present in court, and the court is satisfied that the absence of such witnesses is not due to any fault or neglect of the accused person and that there is a likelihood that they could, if present, give material evidence on behalf of the accused person, the court may adjourn the trial and issue process or take other steps, as necessary, to compel the attendance of such witnesses.

Provided that where a charge is altered, added or substituted as aforesaid, the court shall thereupon call upon the accused person to plead to the altered or new charge:

Provided further that in such case the accused person shall be entitled, if he so wishes, to have the witnesses (or any of them) recalled to give evidence afresh or to be further cross-examined by the defence and, in such last-mentioned event, the prosecution shall have the right to re-examine any such witness on matters arising out of such further cross-examination.

(2) Variance between a charge and the evidence adduced in support of it with respect to the day upon which the alleged offence is committed is not ordinarily material and the charge need not be amended for such variance if it is proved that the proceedings were in fact instituted within the time (if any) limited by law for the institution thereof and the actual date is not material on any other ground.

(3) Where an alteration, addition or substitution of a charge is made under subsection (1) of this section or there is a variance between the evidence and the charge as described in subsection (2) of this section, the court shall, if it is of the opinion that the accused has been thereby misled, or deceived, adjourn the trial for such period as may be reasonably necessary in the interest of justice.

Provided that if the circumstances giving rise to the complaint or charge occurred upon a vessel upon the high seas, then the court shall have jurisdiction in respect thereof if the complaint or charge was laid within six months after the arrival of the vessel at her port of discharge in The Bahamas.

(2) If, in a case such as is referred to in subsection (1) of this section, the accused person consents to be tried summarily in respect of such offence, the Chief Magistrate, Deputy Chief Magistrate, Senior Stipendiary and Circuit Magistrate or stipendiary and circuit magistrate may proceed to hear and determine the charge in accordance with the provisions of this Part of this Code:

Provided that-

(2) In a case to which this section applies, it shall be sufficient compliance with the requirements of this Code relating to the manner of recording of evidence if the magistrate, when the accused makes a statement admitting the truth of the charge, instead of recording the accused person's statement in full, enters in the record a plea of guilty, and it shall be sufficient compliance with the provisions of section 108 of this Code relating to the contents of the judgment, if the judgment of the court consists only of the finding, the specific offence to which it relates and the sentence or other order:

Provided that a magistrate may be required by the Supreme Court to state in writing the reasons for his decision in any particular case.

(2) In any such case as is referred to in subsection (1) of this section, the Supreme Court may proceed to sentence the accused person or may exercise any other powers vested in it as if the person so committed had pleaded guilty before the Supreme Court to that offence or had been found guilty by verdict of a jury:

Provided that the Supreme Court shall not sentence any person, or exercise any other power, under this subsection in any case until the time limited by section 235 of this Code for an appeal against conviction has expired or, in the event of a notice of appeal being served within that time, until that appeal has been finally determined.

(3) In a case referred to in this section, it shall not be necessary for any information to be filed against the person so committed for sentence and the accused person shall be sentenced or otherwise dealt with for the offence in respect of which he has pleaded guilty or been convicted as aforesaid.

(2) In any case in which time is allowed for the payment of a fine and the fine is unpaid at the expiration of such time, a distress warrant may be issued in like manner to that provided in subsection (1) of this section.

(3) In all cases in which a distress warrant has been issued against any person and such person pays or tenders to the officer having the execution of the same the sum or sums specified in the warrant, together with the amount lawfully payable in respect of the expenses of the distress up to the time of such payment or tender, the officer shall cease to execute the same.

(2) Where required by the Supreme Court, a magistrate shall forward to such court without delay a complete copy of the record in respect of any proceedings forming the basis of a return under subsection (1) for the purpose of enabling the court to satisfy itself as to the correctness, legality and propriety of any finding, sentence or order recorded or passed and as to the regularity of any such proceedings.

(3) Notwithstanding section 263 of this Code, subsections (1) and (2) of this section apply mutatis mutandis as respects proceedings had before a juvenile court under the Children and Young Persons (Administration of Justice) Act, as if references in those subsections-

(2) No order under this section shall be made unless the Attorney-General has had an opportunity of being heard and no order shall be made to the prejudice of an accused person unless he has had an opportunity of being heard, either personally or by counsel, in his own defence.

(3) Nothing in this section shall be deemed to authorise the Supreme Court to convert a finding of acquittal into one of conviction.

(4) On dealing with a case under this section the Supreme Court, pending the final determination of the case, may release any convicted person on bail:

Provided that if the convicted person is ultimately sentenced to imprisonment, the time he has spent on bail shall be excluded in computing the period for which he is sentenced.

(5) Save as provided in this section, no party has any right to be heard either personally or by counsel before the Supreme Court when exercising its powers of revision:

Provided that such court may, if it thinks fit, when exercising such powers, hear any party either personally or by a legal practitioner, and nothing in this subsection shall be deemed to affect the provisions of subsection (2) of this section.

(6) When a case is revised by the Supreme Court under the provisions of this section, it shall certify its decision or order to the court by which the finding, sentence or order so revised was recorded or passed and the court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decisions so certified, and, if necessary, the record shall be amended in accordance therewith.

(2) On any withdrawal as aforesaid-

(3) An order discharging the accused under paragraph (b)(ii) of subsection (2) of this section shall not operate as a bar to subsequent proceedings against the accused person on account of the same facts.

(3) For the purposes of any appeal, the Attorney-General shall be deemed to be a party to any criminal cause or matter other than those in which the proceedings were instituted and carried on as a private prosecution and in which the conduct of such proceedings has not been taken over by the Attorney-General under the provisions of section 56 of this Code.

Provided that in any case where appeal is by way of case stated such appeal shall lie to the Supreme Court.

Provided that where the decision involves a sentence of imprisonment, the filing of an appeal shall not require that the convicted person be released from custody except in accordance with the provisions of section 238 of this Code:

Provided further that where the decision involves cancellation or suspension of any licence to drive a motor vehicle, such licence shall be deemed to be suspended until the determination of the appeal unless any court shall otherwise direct upon application made by the appellant.

(2) An appellant, within seven days after the day upon which the decision was given from which the appeal is made, shall serve a notice in writing, signed by the appellant or his counsel, on the other party and on the magistrate's court of his intention to appeal and of the general grounds of his appeal:

Provided that any person aggrieved by the decision of a magistrates' court may upon notice to the other party apply to the court to which an appeal from such decision lies, for leave to extend the time within which such notice of appeal prescribed by this subsection may be served, and the court upon the hearing of such application may extend such time as it deems fit.

Provided that if the complainant is acting on behalf of the Crown, the Attorney-General, the Commissioner of Police or any department of the Government or is a public officer acting in his official capacity, he shall not be required to be bound by any recognisance or to give any security.

(2) In a case in which an appeal relates to a case which does not fall within the scope of subsection (1) of this section, the magistrate's court concerned shall without delay notify the Chief Magistrate, Deputy Chief Magistrate, Senior Stipendiary and Circuit Magistrate, or any stipendiary and circuit magistrate appointed from time to time for hearing such appeals, in accordance with any directions given by the Chief Justice, and shall at the same time transmit a copy of the conviction, order or judgment and all papers relating to the appeal to the Chief Magistrate, Deputy Chief Magistrate, Senior Stipendiary and Circuit Magistrate, or such stipendiary and circuit magistrate, unless, in the case of an Out Island, by reason of the pending arrival of the Circuit Justice in such Out Island, where there would be convenience in handing such copy and papers to such Circuit Justice on arrival.

Provided that in the case of an appellant whose sentence is suspended but who is not released from custody, the court hearing the appeal shall order that the time so spent in custody awaiting the hearing of the appeal shall be included in computing the term of the sentence.

(3) An appellant whose sentence is suspended but who is not admitted to bail, shall, during the period in custody during such suspension, be treated in the same manner as a prisoner awaiting trial.

Provided that the magistrate shall not refuse to state a case where the application for that purpose is made to him by or under the directions of the Attorney-General.

(2) A case stated under the provisions of this section, in addition to any other matter which appears to the magistrate to be relevant, shall set out-

Provided that, if the court directs a re-hearing, the respondent, if the issue is with him, shall begin and prove his case, and the court may, if the justice of the case requires it, adjourn the hearing to some convenient day.

Provided that no magistrate shall be liable to any costs in respect of any appeal against his decision.

Provided that it be therein alleged that the party has been convicted or ordered to do or abstain from doing any act or thing required to be done or left undone, and there be a good and valid conviction or order to sustain the same.

(2) Whenever the decision is not confirmed, the Registrar shall send to the magistrate's court from the decision of which the appeal was made, for entry in the register of that court, and shall also endorse on the conviction, order or judgment appealed against a memorandum of the decision of the Supreme Court, and whenever a copy or certificate of such conviction, judgment or order is made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence of the decision on appeal in every case where such copy or certificate would be sufficient evidence of such conviction, order or judgment.

(2) For the purpose of service of notice in accordance with the provisions of subsection (1) of this section, each party shall, as soon as notice of appeal is given, serve on the magistrate's court concerned notice in writing of his address in The Bahamas for service of all matters relating to the appeal, and service at such address shall be deemed to be good and sufficient service on the party concerned. Any party who fails to provide an address for service in accordance with the provisions of this section shall be deemed to have consented to the appeal being heard and determined in his absence.

(2) An application under subsection (1) shall be accompanied by the bill of indictment, together with-

(3) No bill of indictment charging any person with an indictable offence shall be preferred unless the bill is preferred by the direction or with the consent of a judge or pursuant to directions given under section 81 of the Penal Code.

(4) Unless the judge to whom an application is made under subsection (1) otherwise directs in any particular case, his decision on an application shall be signified in writing on the application without requiring the attendance before him of the applicant or of any of the witnesses. If the judge thinks fit to require the attendance of the applicant or of any of the witnesses, their attendance shall not be in open court.

(5) For the purposes of subsection (2), the term "statement" has the meaning ascribed to it by section 2 of the Preliminary Inquiries (Special Procedure) Act.

(2) Where the accused person fails to attend upon the date specified in the summons issued under section 256(1) or the judge is satisfied that he is avoiding service of the bill of indictment, the attendance of the accused person may be enforced by the issue of a warrant for his arrest.

(3) Upon the appearance of the accused person before the judge, the judge shall-

(4) Every written statement purporting to be evidence of witnesses submitted to a judge under section 256(2) shall be deemed a deposition taken in accordance with the provisions of the Evidence Act relating to the taking of oral evidence and shall notwithstanding anything to the contrary in any other law be treated as evidence taken under Part V of this Code.

(5) If it appears to a judge that any part of a statement referred to in subsection (4) is inadmissible as evidence there shall be written against that part "Treated as inadmissible" followed by the initials of the judge.

(6) Any document or object referred to as an exhibit and identified in a written statement referred to in subsection (4) shall be treated as if it had been produced as an exhibit and identified before the judge by the maker of the statement and that document or object shall wheresoever possible be identified by means of a label or other mark of identification signed by the maker of the statement.

(7) Notwithstanding anything to the contrary in any law, the fact that there is pending before a magistrate preliminary inquiry proceedings against an accused person in respect of the same alleged offence for which a bill of indictment is sought shall not preclude a judge from entertaining an application under section 256 if no evidence has begun to be taken in those proceedings before the magistrate who shall dismiss those proceedings upon being informed of the application before the judge.

(2) Every voluntary bill shall be signed by the Attorney-General or on his behalf by any legal practitioner acting on his instructions, and shall be filed with the Registrar of the Supreme Court, together with-

(3) Upon the filing of a voluntary bill, the Registrar shall issue a summons requiring the attendance of the accused person before a judge at a date specified in the summons, which date shall not be earlier than seven days after service upon the accused person of the documents mentioned in paragraph (c) of subsection (2).

(4) Where a voluntary bill is filed against a person who is before a magistrate's court charged with an offence triable on information, the prosecutor shall, within a reasonable time after the filing of the voluntary bill, produce to the magistrate and to the person charged, respectively, a copy of the voluntary bill and of the relevant summons issued by the Registrar under subsection (3).

(5) Where a voluntary bill and summons have been produced to a magistrate pursuant to subsection (4), the magistrate, in accordance with the provisions of the Bail Act, 1994, may admit the person charged under the voluntary bill, to bail conditioned to appear before the Supreme Court on the relevant date specified in the summons or remand him into custody so to appear; and, upon so admitting the person charged to bail or remanding him into custody, the jurisdiction of the magistrate to deal with him in respect of the charge shall cease, but the warrant of the magistrate shall be sufficient authority for the detention of the person named therein, by the officer in charge of any prison.

(6) The provisions of sections 141 to 144 shall mutatis mutandis apply to an accused person against whom a voluntary bill is filed as if that person were a person who has been committed for trial by a magistrate.

(7) Where the accused person fails to attend upon the date specified in the summons issued under subsection (3), or the judge is satisfied that he is avoiding service of the voluntary bill, the attendance of the accused person may be enforced by the issue of a warrant for his arrest.

(8) Upon the appearance before the judge of an accused person against whom a voluntary bill is filed, the voluntary bill shall be read over to him by the Registrar and the accused person shall be required to plead instantly thereto, unless he shall object that copies of the documents mentioned in paragraph (c) of subsection (2) have not previously been served upon him or he raises objection to the voluntary bill as in this Code provided.

(9) If upon arraignment the accused person pleads guilty he may be convicted thereon.

(10) If upon arraignment the accused person pleads not guilty, or if a plea of not guilty is entered upon his behalf in accordance with the provisions of section 155, the judge shall-

(11) Every statement purporting to be evidence of witnesses submitted under subsection (2) shall be deemed a deposition taken in accordance with the provisions of the Evidence Act relating to the taking of oral evidence and shall notwithstanding anything to the contrary in any other law be treated as evidence taken under Part V of this Code.

(12) In this section, the term "voluntary bill" means a voluntary bill of indictment filed by the Attorney-General in accordance with the provisions of this section.

(2) If the person in respect of whom an order is made under subsection (1) of this section is present in court, it shall be read over to him and, if he so desires, the substance thereof shall be explained to him.

(3) If such person is not present in court, the magistrate shall issue a summons requiring him to appear, or when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the court:

Provided that whenever it appears to the magistrate upon the report of a police officer or upon information that there is reason to fear the commission of a breach of the peace by any person and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the magistrate may, after recording the substance of such report or information, issue a warrant for his arrest.

(4) Every summons or warrant issued under subsection (3) of this section shall be accompanied by a copy of the order made under subsection (1) of this section and such copy shall be delivered by the officer serving the summons or executing such warrant to the person served with or arrested under the same.

(2) Such inquiry shall be made, as nearly as may be practical, in the manner in this Code prescribed for conducting trials and recording evidence in trials before magistrates' courts.

(3) When two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the magistrate thinks just.

Provided that-

(2) Any person ordered to give security for good behaviour under this section may appeal to the court specified in section 234 of this Code as the case may be and the provisions of Part IX of this Code (relating to appeals) shall apply to every such appeal.

(2) Any court may order the seizure of any instruments, materials or things which there is reason to believe are provided or prepared or being prepared with a view to the commission of any offence and may direct them to be held and dealt with in the same manner as property seized under subsection (1) of this section.

(3) Any order made under this section may be enforced by means of a search warrant which, upon being satisfied by evidence on oath that there is reasonable cause for the issue of such warrant, any such court is hereby authorised to issue for the purpose.

(2) Without derogation from the generality of the power conferred by subsection (1) of this section, such rules may provide for-

Provided that, until any such rules are made, payments to witnesses shall be made in accordance with the law in force immediately before the date of commencement of this Act; and the forms in use at that date in criminal proceedings shall continue to be used with such modifications as are necessary for conformity with the requirements of this Code.

(2) If, before the commencement of a trial at which a person is charged with a rape offence, he or another person against whom the complainant may be expected to give evidence at the trial applies to a judge for a direction in pursuance of this subsection and satisfies the judge-

the judge shall direct that subsection (1) shall not, by virtue of the accusation alleging the offence aforesaid, apply in relation to the complainant.

(3) If at a trial at which a person is charged with a rape offence the judge is satisfied that the effect of subsection (1) is to impose a substantial and unreasonable restriction upon the reporting of proceedings at the trial and that it is in the public interest to remove or relax the restriction, he shall direct that that subsection shall not apply to such matter relating to the complainant as is specified in the direction; but a direction shall not be given in pursuance of this subsection by reason only of an acquittal of an accused person at the trial.

(4) If a person who has been convicted of an offence and given notice of appeal to the Court of Appeal against the conviction, or notice of an application for leave so to appeal, applies to the Court of Appeal for a direction in pursuance of this subsection and satisfies the Court-

the Court shall direct that subsection (1) shall not, by virtue of an accusation which alleges a rape offence and is specified in the direction, apply in relation to a complainant so specified.

(5) If any matter is published or broadcast in contravention of subsection (1), the following persons, namely-

shall be guilty of an offence and liable on summary conviction to a fine of five thousand dollars.

(6) For the purposes of this section a person is accused of a rape offence if-

and references in this section to an accusation alleging a rape offence shall be construed accordingly; and in this section-

"a broadcast" means a broadcast by wireless telegraphy of sound or visual images intended for general reception, and cognate expressions shall be construed accordingly;

"complainant", in relation to a person accused of a rape offence or an accusation alleging a rape offence, means the woman against whom the offence is alleged to have been committed;

"rape offence" means any offence under sections 6 and 10 to 12 of the Sexual Offences and Domestic Violence Act, 1991, any attempt to commit any such offence, and any offence constituted pursuance to section 85 of the Penal Code in relation to, and any attempt to commit, an offence under any of those sections; and

"written publication" includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

(7) Nothing in this section-

and a direction in pursuance of this section does not affect the operation of subsection (1) at any time before the direction is given.

(8) Anything which was lawfully done before the coming into operation of this section in relation to an accusation alleging a rape offence and which would if done thereafter be a contravention of this section shall not be regarded as such a contravention or be deemed to be to the prejudice of the trial pertaining to that accusation.

(9) Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Attorney-General.

OFFENCES IN RESPECT OF WHICH NOTICE MAY BE GIVEN

Note: The description of an offence in the first column of this Schedule is only intended as an indication in general terms of the nature of the offence and is not to be construed in any way as altering or qualifying the provisions of the relevant Regulations or sections of the statute.

FORM OF NOTICE

ROYAL BAHAMAS POLICE FORCE

NOTICE OFFERING WAIVER OF APPEARANCE BEFORE MAGISTRATE AND OF NO EVIDENCE OF THE COMMISSION OF OFFENCE BEING AVAILABLE

RULES FOR FRAMING CHARGES AND INFORMATIONS

(2) Each sheet on which an information is set out shall be not more than 17 and not less than 13 inches in length, and not more than 14 and not less than 8 inches in width, and if more than one sheet is required the sheets shall be fastened together in book form.

(3) A proper margin not less than 2 inches in width shall be kept on the left hand side of each sheet.

(4) Figures and abbreviations may be used in an information for expressing anything which is commonly expressed thereby.

(5) There shall be endorsed on the information the name of every witness intended to be examined.

(6) An information shall not be open to objection by reason, only, of any failure to comply with this rule.

THE BAHAMAS

IN THE SUPREME COURT

Criminal Side.
The Queen versus A. B.

To Wit:

A. B. is charged with the following offence (offences)-

(2) A count shall commence with a statement of the offence charged, called the statement of offence.

(3) The statement of an offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and, if the offence charged is one created by Act, shall contain a reference to the section of the Act creating the offence.

(4) After the statement of the offence, particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary:

Provided that where any rule of law or any Act limits the particulars of an offence which are required to be given in an information, nothing in this rule shall require any more particulars to be given than those so required.

(5) Where a charge or information contains more than one count, the counts shall be numbered consecutively.

(2) It shall not be necessary, in any count charging a statutory offence, to negative any exception or exemption from, or qualification to, the operation of the Act creating the offence.

(2) Where property is vested in more than one person, and the owners of the property are referred to in a charge or information, it shall be sufficient to describe the property as owned by one of those persons by name and with others, and if the persons owning the property are a body of persons with a collective name, such as "Inhabitants", "Trustees", "Commissioners" or "Club", or such other name, it shall be sufficient to use the collective name without naming any individual.

Provided, that in reading such information to the jury regard shall be had to the provisions of section 152 of this Code.

INDICTABLE OFFENCES TRIABLE SUMMARILY

Offences under the following sections of the Penal Code (Ch. 84)-

264, 265, 266 to 281, 282, 297, 315, 327 to 336 (inclusive), 338, 339(1), 340, 341, 344 to 359 (inclusive), 362, 364 to 367 (inclusive), 369 to 386 (inclusive), 396, 397, 398(2), 400 to 403 (inclusive), 406, 409 to 422 (inclusive), 424, 426, 427, 429 to 445 (inclusive), 447 to 455 (inclusive), 457 to 470 (inclusive), 481 to 487 (inclusive), 489, 490, 491 to 495 (inclusive)

Offences under section 5 of the Explosive Substances (Illegal Use and Possession Act (Ch. 216).

Offences under section 44 of the Road Traffic Act (Ch. 220).

Offences under the following sections of the Sexual Offences and Domestic Violence Act (Ch. 99)-

7, 8, 10(2), 11, 12, 13(1)(b), 13(2)(b), 14, 15 to 17, 19, 21 to 23, 26 and 28.

OFFENCES WHICH REQUIRE SENTENCING GUIDELINES

Offences under sections 5(1), 9(2), 15(2), 30(2) and 36(4) of the Firearms Act (Ch. 213);

Offence under section 339(1) of the Penal Code (Ch. 84);

Offences under sections 22(2), (4) and 29 of the Dangerous Drugs Act (Ch. 228);

Offences under sections 10, 11(1), (2), 12, 13(1)(a), (2)(a) and 14(1), (2) of the Sexual Offences and Domestic Violence Act (Ch. 99);

Offences under sections 41(2) and 41(3) of the Mental Health Act (Ch. 230).