CHAPTER
92
PRELIMINARY INQUIRIES (SPECIAL PROCEDURE) |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Use of statements as evidence in committal
proceedings in which Act applies. |
Conditions for use of statements as evidence. |
Admission of reports and plans as written
statements. |
Use of oral evidence in conjunction with written
statements. |
Statements constitute depositions. |
Exceptions to use of written statements and cross-examination
of the makers. |
Identification of exhibits referred to in written
statement. |
Provision as to taking statements of accused
persons. |
Evidence and address in defence. |
Provisions of the Code to supplement special
procedure. |
Restrictions on reports of committal
proceedings. |
Matters for preliminary inquiry report. |
CHAPTER 92 |
PRELIMINARY
INQUIRIES (SPECIAL PROCEDURE) ACT |
An Act to
establish a special procedure whereby preliminary inquiries before magistrates
may be expedited. | 5 of 1983
19 of 1993 |
[Assent 19th August,
1983]
[Commencement 14th April, 1988] |
1. This Act may be cited as the Preliminary Inquiries
(Special Procedure) Act. | Short title. |
2. (1) In this Act unless the context otherwise
requires- | Interpretation. |
"the
Code" means the Criminal Procedure Code Act; |
"written
statement" means any document in writing whether an original, a copy or a
typewritten reproduction, containing an account of a crime or relating to any
aspect of a crime. |
(2) Expressions
used in any provision of this Act and which are also used in Part V of the Code
have the same meanings in this Act as they have in the Code. |
3. (1) Notwithstanding anything to the contrary in any
other law where a magistrate in conducting a preliminary inquiry pursuant to
section 114 of the Code is satisfied, after compliance with section 115
thereof, that the evidence to be produced by the prosecution consists of
written statements that satisfy the conditions mentioned in section 4, with or
without exhibits, he may take these statements as evidence for the prosecution
and, subject to the provisions of this Act, make his determination having
regard to those statements whether or not to commit the accused person for
trial before the Supreme Court. | Use of statements as evidence in committal proceedings
in which Act applies. |
(2) Subsection (1)
applies to any preliminary inquiry in which the taking of evidence by the
magistrate begins after the coming into operation of this Act and whether or
not the charge against the accused person was instituted prior thereto but it
shall not apply to any preliminary inquiry held in respect of any charge for- |
(a) treason,
murder or manslaughter; and |
(b) any offence
which the magistrate in his discretion determines that in the interest of
justice the inquiry should be wholly conducted in accordance with the
provisions of the Code having regard to the nature of the offence or the circumstances
attending its alleged commission. |
4. (1) In a preliminary inquiry a written statement by
any person shall, if the conditions mentioned in subsection (2) are satisfied,
be taken as evidence pursuant to section 3(1) to the like extent as oral
evidence to the like effect by that person. | Conditions for use of statements as evidence. |
(2) The said
conditions are- |
(a)
the statement purports to be signed by the person whose evidence it
purports to be; |
(b) the
statement contains a declaration by that person to the effect that it is true
to the best of his knowledge and belief and that he made the statement knowing
that, if it were tendered in evidence, he would be liable to prosecution if he
wilfully stated in it anything which he knew to be false or did not believe to
be true; |
(c) before the
statement is tendered in evidence, a copy of the statement is given by or on
behalf of the party proposing to tender it, to each accused together with a
notice in writing that the accused person may object to the admission in
evidence to any such statement or part thereof and thereafter as soon as
practicable like copies of the statement and of any document referred to
therein as an exhibit shall be given to the magistrate at least seven days
prior to the day of hearing on which the statement is required to be taken as
evidence. |
(3) The following
provisions shall also have effect in relation to any written statement tendered
in evidence under this section, that is to say- |
(a) if the
statement is made by a person under the age of eighteen, it shall give his age; |
(b) if it is
made by a person who cannot read it, it shall be read to him before he signs it
and shall be accompanied by a declaration by the person who so read the
statement to the effect that it was so read; and |
(c) if it
refers to any other document as an exhibit, the copy given to any other party
to the proceedings under paragraph (c) of subsection (2) shall be accompanied
by a copy of that document or by such information as may be necessary in order
to enable the party to whom it is given to inspect that document or copy
thereof. |
5. (1) For the purpose of any preliminary inquiry
conducted pursuant to section 3(1) any document purporting to be a public
survey within the meaning of the Public Survey Protection Act [i]* or a report under the hand of a
registered medical practitioner or of any person employed in the public service
as an analyst or as a laboratory technician being a person designated for the
purposes of this subsection by the Minister responsible for Medical and Health
Services upon any examination or analysis carried out by him shall, if it bears
his signature, be deemed a written statement satisfying the conditions of
section 4(2) and be taken in evidence. | Admission of reports and plans as written statements. |
(2) The court may
for the purpose of such preliminary inquiry assume that the signature on any
such document or report is genuine, without further evidence on the point, and
that the person signing it held the qualification and office which he professed
to hold at the time when he signed it. |
6. (1) Notwithstanding that a written statement made by
any person may be taken as evidence in a preliminary inquiry by virtue of
section 3(1), the magistrate may- | Use of oral evidence in conjunction with written
statements. |
(a) on his own
motion require that person; or |
(b) on the
application of any party to the inquiry, require any other person who has not
given a written statement, |
to attend
before the court and give oral evidence on oath. |
(2) So much of any
statement as is taken in evidence by virtue of section 3(1) shall be read aloud
at the hearing by the magistrate or by any other person on his directions. |
(3) If an accused
person does not understand English the written statements shall be interpreted
to him in the 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. |
7. (1) Where in a preliminary inquiry written statements
are taken in conjunction with oral testimony as evidence, such testimony when
recorded by the magistrate shall be deemed to be a written statement taken
pursuant to section 3(1) of the person testifying. | Statements constitute depositions. |
(2) Every written
statement taken as evidence pursuant to section 3(1) 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 the Code. |
(3) If it appears
to a magistrate that any part of a written statement is inadmissible as
evidence there shall be written against that part "Treated as
inadmissible" followed by the initials of the magistrate. |
8. (1) Notwithstanding anything to the contrary in any
other law no witness whose written statement has been taken as evidence
pursuant to section 3(1), other than a person who has been required to attend
before the court under section 6(1) or a person to whom subsection (2) applies,
shall be cross-examined by any party to the proceedings during the inquiry. | Exceptions to use of written statements and
cross-examination of the makers. |
(2) Nothing in the
foregoing provisions of this Act shall enable the written statement of any
witness- |
(a) not
normally resident in The Bahamas; or |
(b) to whom
section 129 of the Code applies, |
to be taken
as evidence pursuant to section 3(1) without that witness being in attendance
before the magistrate and available for cross-examination unless the party
entitled to conduct such examination informs the magistrate that the statement
may be taken without such compliance and which shall duly be recorded by the
magistrate on that statement. |
9. (1) Any document or object referred to as an exhibit
and identified in a written statement taken as evidence pursuant to section
3(1) shall be treated as if it has been produced as an exhibit and identified
in court by the maker of the statement and that document or object shall,
wheresoever possible, be identified by means of a label or other make of
identification signed by the maker of the statement. | Identification of exhibits referred to in written
statement. |
(2) Before a
magistrate treats any document or object referred to as an exhibit in a written
statement as an exhibit produced and identified in court, he shall be satisfied
that the document or object is sufficiently described in the written statement
for it to be identified. |
10. (1) If after the depositions of the witnesses for
the prosecution have been taken as provided under the foregoing provisions of
this Act the magistrate considers that on the evidence as it stands there are
sufficient grounds for committing the accused person for trial, the magistrate
shall satisfy himself' that the accused person understands the charge and shall
ask the accused person whether he wishes to make a statement in his defence or
not and, if he wishes to make a statement whether he wishes to make it on oath
or not or to produce to the court a written statement. The magistrate shall
also explain to the accused person that he is not bound to make a statement and
that his statement, if he makes or produces one will be part of the evidence at
the trial. | Provision as to taking statements of accused persons. |
(2) Whatever the
accused person then says in answer thereto shall be taken down in writing, as
nearly as possible in the accused person's own words, or should the accused
person produce to the magistrate a written statement the same may be taken as
record of the evidence of the accused person and anything so taken down or produced
shall be read over to the accused person who shall be at liberty to explain or
add anything contained in the record thereof. 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 subject to Subsection (3) be used as if he
had signed or attested it. |
(3) The magistrate
shall thereafter certify that such statement was taken down or produced to him
in his presence and contains accurately the whole statement made or produced to
him as the case may be by the accused person and to which section 166 of the
Code shall apply. |
(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 that trial to adduce evidence of an alibi unless he gives notice of
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. |
11. (1) Immediately after complying with the
requirements of section 10 and whether the accused person has or has not made
or given a statement or evidence, the magistrate shall ask him whether he
desires to call witnesses on his own behalf and thereafter the inquiry shall,
subject to subsection (2), be conducted in accordance with the provisions of
subsections (2) to (6) of section 121 and of section 122 of the Code, which
shall for that purpose apply mutatis mutandis. | Evidence and address in defence. |
(2) Nothing in
subsection (1) or in section 3(1), shall preclude the taking of any written
statement of a witness for the accused person as evidence under section 3(1)
where such statement satisfies the provisions of section 4, other than
subsection (2)(c) thereof, and sections 6, 7, 8 and 9 shall, as they apply to
the witnesses for the prosecution and their evidence, apply mutatis mutandis
to the witnesses and their evidence for the accused person. |
12. (1) The provisions of the Code shall, save to the
extent of their incompatibility with, or exclusion by, the foregoing provisions
of this Act apply mutatis mutandis to a preliminary inquiry held by a
magistrate in accordance with those foregoing provisions as if such inquiry
were an inquiry being held under Part V of the Code and any references in any
other law or its application thereof to an inquiry held or thing taken or done
under that Part shall be construed as references to or be applicable, as the
case may be, to the same extent and in like manner to an inquiry held, or thing
taken or done under this Act. | Provisions of the Code to supplement special
procedure. |
(2) Nothing in
subsection (1) shall enable any written statement taken as evidence under
section 3(1) to be used as evidence in proceedings to which section 123 or 136
of the Code applies without the maker of that statement being called to give
oral evidence. |
13. (1) Except as provided by subsections (2), (3) and
(7) it shall not be lawful to publish in The Bahamas a report, of any committal
proceedings in The Bahamas containing any matter other than that permitted by
section 14. | Restrictions on reports of committal proceedings. |
(2) A magistrates'
court shall, on application for the purpose made with reference to any
committal proceedings by the accused or one of the accused as the case may be,
order that the foregoing subsection shall not apply to reports of those
proceedings. |
(3) It shall not
be lawful under this section to publish or broadcast a report of committal
proceedings containing any matter other than that permitted by section 14- |
(a) where the
magistrates' court determines not to commit the accused for trial, after it so
determines; |
(b) where the
court commits the accused or any of the accused for trial, after the conclusion
of his trail or, as the case may be, the trail of the last to be tried, |
and where at
any time during the preliminary inquiry the court proceeds to try summarily the
case of one or more of the accused under section 123, 136 or 210 of the Code
(summary trial of indictable offences), while committing the other accused or
one or more of the other accused for trial, it shall not be unlawful under this
section to publish or broadcast as part of a report of the summary trial, after
the court determines to proceed as aforesaid, a report of so much of the
committal proceedings containing any such matter as takes place before the
determination. |
(4) If a report is
published or broadcast in contravention of this section, the following persons,
that is to say- |
(a) in the case
of a publication of a written report as part of a newspaper or periodical, any
proprietor, editor or publisher of the newspaper or periodical; |
(b) in the case
of a publication of a written report otherwise than as part of a newspaper or
periodical, the person who publishes it; |
(c) in the case
of a broadcast of a report, any body corporate which transmits or provides the
programme in which the report is broadcast and any person having functions in
relation to the programme corresponding to those of the editor of a newspaper
or periodical, |
shall be
liable on summary conviction to a fine of five thousand dollars. |
(5) Proceedings
for an offence under this section shall not be instituted otherwise than by or
with the consent of the Attorney-General. |
(6) Subsection (1)
shall be in addition to, and not in derogation from, the provisions of any
other law with respect to the publication of reports and proceedings of
magistrates' and other courts. |
(7) For the
purposes of this section committal proceedings shall, in relation to a
complaint charging an indictable offence, be deemed to include any proceedings
in the magistrates' court before that court proceeds to inquire into the complaint
as examining justices; but where a magistrates' court which has begun to try a
complaint summarily discontinues the summary trial in pursuance of section 210
or 211 of the Code and proceeds to inquire into the complaint as in a
preliminary inquiry that circumstance shall not make it unlawful under this
section for a report of any proceedings on the complaint which was published or
broadcast before the court determined to proceed as aforesaid to have been so
published or broadcast. |
14. The following matters may be contained in a report
of committal proceedings published or broadcast without an order under section
13(2) before the time authorised by section 13(3), that is to say- | Matters for preliminary inquiry report. |
(a) the
identity of the court and the name of the examining justice; |
(b) the names,
addresses and occupations of the parties and witnesses and their ages; |
(c) the offence
or offences, or a summary of them, with which the accused is or are charged; |
(d) the names
of the attorneys engaged in the proceedings; |
(e) any
decision of the court to commit the accused for trial, and any decision of the
court on the disposal of the case of any accused not committed; |
(f) where the
court commits the accused or any of them for trial, the charge or charges or a
summary of them, on which he or they are committed and the court to which he or
they are committed; |
(g) where the
committal proceedings are adjourned, the date and place to which they are
adjourned; |
(h) any arrangements
as to bail on committal or adjournments. |