Search and seizure - national proceedings

Commonwealth of The Bahamas

Bahamas - Criminal Procedure Code 2010



71. (1) Whenever any building or other place liable to search in accordance with the terms of a search warrant, issued under the provision of section 70 of this Code, is closed, any person residing in or being in charge of such building or place shall, on demand of the peace officer executing such warrant and on production to him of the warrant, allow such peace officer free ingress thereto and egress therefrom and afford all reasonable facilities for a search therein.

(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.

72. (1) When any thing is seized and brought before a court in pursuance of power conferred by any search warrant, it may be retained until the conclusion of the case or investigation in respect of which its seizure was authorised, reasonable care being taken for its preservation.

(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.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(h) The execution of searches and seizures;