CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Protection form inhuman treatment.

17. (1) No person shall be subjected to torture or to inhuman or degrading treatment or punishment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question authorises the infliction of any description of punishment that was lawful in the Bahama Islands immediately before 10th July 1973 .

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Protection from arbitrary arrest or detention.

19. (2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal representative of his own choice and to hold private communication with him; and in the case of a person who has not attained the age of eighteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Protection from arbitrary arrest or detention.

19. (3) Any person who is arrested or detained in such a case as is mentioned in subparagraph (1)(c) or (d) of this Article and who is not released shall be brought without undue delay before a court; and if any person arrested or detained in such a case as is mentioned in the said subparagraph (1)(d) is not tried within a reasonable time he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial .

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Protection from arbitrary arrest or detention.

19. (5) (d) where a request is made under subparagraph (c) of this paragraph, the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law, presided over by the Chief Justice or another Justice of the Supreme Court appointed by him, and consisting of persons who are Justices of the Supreme Court or who are qualified to be appointed as Justices of the Supreme Court ;

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Protection from arbitrary arrest or detention.

19. (5) (e) he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal representative of his own choice, and he and any such legal representative shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case .

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Provisions to secure protection of law.

20. (1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law .

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Article 19
(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases —
(a) in execution of the sentence or order of a court, whether established for The Bahamas or some other country, in respect of a criminal offence of which he has been convicted or in consequence of his unfitness to plead to a criminal charge or in execution of the order of a court on the grounds of his contempt of that court or of another court or tribunal;
(b) in execution of the order of a court made in order to secure the fulfilment of any obligation imposed upon him by law;
(c) for the purpose of bringing him before a court in execution of the order of a court;
(d) upon reasonable suspicion of his having committed, or of being about to commit, a criminal offence;
(e) in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;
(f) for the purpose of preventing the spread of an infectious or contagious disease or in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
(g) for the purpose of preventing the unlawful entry of that person into The Bahamas or for the purpose of effecting the expulsion, extradition or other lawful removal from The Bahamas of that person or the taking of proceedings relating thereto; and, without prejudice to the generality of the foregoing, a law may, for the purposes of this subparagraph, provide that a person who is not a citizen of The Bahamas may be deprived of his liberty to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within The Bahamas or prohibiting him from being within such an area.

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Article 19
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Article 19
Protection from arbitrary arrest or detention.

(5) Where a person is detained by virtue of such a law as is referred to in Article 29 of this Constitution, the following provisions shall apply —
(a) he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Article 19
(5) Where a person is detained by virtue of such a law as is referred to in Article 29 of this Constitution, the following provisions shall apply —
(e) he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal representative of his own choice, and he and any such legal representative shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Article 20
Provisions to secure protection of law

(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(2) Every person who is charged with a criminal offence —
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice or by a legal representative at the public expense where so provided by or under a law in force in The Bahamas;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution;
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge; and
(g) shall, when charged on information in the Supreme Court, have the right to trial by jury,
and except with his own consent the trial shall not take place in his absence unless he so conducts himself in the court as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

(3) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence .

(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.

(9) All proceedings instituted in any court for the determination of the existence or extent of any civil right or obligation, including the announcement of the decision of the court, shall be held in public.

(10) Nothing in paragraph (9) of this Article shall prevent the court from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court —
(a) may be empowered by law so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings;
(b) may be empowered or required by law to do so in the interests of defence, public safety or public order; or
(c) may be empowered or required to do so by rules of court and practice existing immediately before 10th July 1973 or by any law made subsequently to the extent that it makes provision substantially to the same effect as provision contained in any such rules.

(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of —
(a) subparagraph (2)(a) of this Article to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
(b) subparagraph (2)(e) of this Article to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;
(c) paragraph (5) of this Article to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.

CHAPTER 91

PART III
GENERAL PROVISIONS RELATING TO ARREST, RECOGNISANCES AND SURETIES

19. (1) (a) shall be told the reason for such further detention; and

(b) the reason shall be noted on his custody record.

CHAPTER 91

PART III
GENERAL PROVISIONS RELATING TO ARREST, RECOGNISANCES AND SURETIES

20. (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.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

57. Any person conducting a private prosecution may do so in person or may be represented by a legal practitioner instructed by him in that behalf.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

88.

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.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

91. In any proceedings the wife or husband of the accused person shall not be called as a witness without the consent of the accused person except in the cases provided in section 175 of the Evidence Act.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

93.

(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.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

96. Subject to the provisions of section 171 of the Evidence Act and section 91 of this Code, in any criminal proceedings, every person charged with an offence and the husband or wife of the person charged, as the case may be, shall be a competent witness for the defence at any stage of the proceedings.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

104. (1) Except as may be otherwise provided by any law, all evidence taken in any inquiry or trial under this Code shall be taken in the presence of the accused, unless with his consent his absence has been dispensed with in accordance with the provisions of this Code.

(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.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

115. (1) Every person accused of any criminal offence shall be entitled to be present in court during the whole of his trial unless he so conducts himself in the court as to render the continuance of the proceedings in his presence impossible. The court may, however, in its discretion and subject to the provisions of subsection (2) of section 106 of this Code, allow any part of any trial to take place in the absence of the accused with the consent of the accused, and may permit the accused to be absent in such case upon such terms as it thinks proper.
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.

CHAPTER 91

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

118. A magistrate conducting a preliminary inquiry shall, at the commencement of such inquiry, read over and explain to the accused person the charge in respect of which the inquiry is being held and shall explain to the accused person that he will have an opportunity later on in the inquiry, if he so desires, of making a statement or calling witnesses (or both) and shall further explain to the accused person the purpose of the proceedings, namely, to determine whether there is sufficient evidence to put him on his trial before the Supreme Court.

CHAPTER 91

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

119.

(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.

CHAPTER 91

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

119.

(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 0aths Act, and the identity of the interpreter shall be recorded thereon by the magistrate.

CHAPTER 91

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

123. (1) If, after the examination of the witnesses called on behalf of the prosecution, the court considers that, on the evidence as it stands, there are sufficient grounds for committing the accused for trial, the magistrate shall satisfy himself that the accused understands the charge and shall ask the accused 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. The magistrate shall also explain to the accused that he is not bound to make a statement and that his statement, if he makes one, will be part of the evidence at the trial.

CHAPTER 91

PART VI
PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

166. No witness who has not given evidence at the preliminary inquiry shall be called by the prosecution at any trial unless the accused person has received reasonable notice in writing of the intention to call such witness.

CHAPTER 91

PART VI
PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

167. Subject to the provisions of the Evidence Act, the witness called for the prosecution shall be subject to cross-examination by the accused person or his counsel, and to examination by the prosecution.

CHAPTER 91

PART VI
PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

172. The accused person shall be allowed to examine any witness not previously bound over to give evidence at the trial if such witness is in attendance. If he apprehends that any such witness will not attend the trial voluntarily, he shall be entitled to apply for the issue of process to compel such witness's attendance

CHAPTER 91

PART VI
PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

174. If an accused person who is not represented by counsel does not call any witnesses as to fact in his defence, he shall be entitled to address the court in his defence, whether or not he has himself given evidence, but counsel for the prosecution shall not be entitled to address the court a second time.

CHAPTER 91

PART VIII
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

198. At the time and place appointed for any adjourned hearing, a magistrate's court shall have the same powers to proceed with, dismiss or adjourn the case as if the complainant was before the court for the first time:
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.

CHAPTER 91

PART VIII
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

200. If the accused person admits the truth of the charge, his admission shall be recorded as nearly as possible in the words used by him and the court shall convict him and pass sentence upon or make an order against him unless, after hearing anything which may be said by or on behalf of the accused, whether in mitigation or otherwise, there shall appear to the court to be sufficient cause to the contrary.

CHAPTER 91

PART VIII
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

202. If the accused person does not admit the truth of the charge, the court shall proceed to hear the witnesses for the prosecution. The accused person or his counsel may cross-examine each witness called by the prosecution and if the accused person is not represented by a legal practitioner, the court shall, at the close of the examination of each witness for the prosecution, ask the accused person whether he wishes to put any question to that witness and shall record his answer.

CHAPTER 91

PART VIII
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

204. (1) At the close of the evidence in support of the charge, if it appears to the court that a case is made out against the accused person sufficiently to require him to make a defence, the court shall again explain the substance of the charge to the accused and shall inform him that he has a right to give evidence on oath from the witness box and that, if he does so, he will be liable to cross-examination, or to make a statement not on oath from the dock, in which case he will not be liable to cross- examination; and the court shall ask him whether he has any witnesses to examine or other evidence to adduce in his defence, and shall then hear the accused and his witnesses (if any).

BOOK I
GENERAL PROVISIONS

TITLE vii
JUSTIFIABLE FORCE AND HARM

104. Arrest without warrant by peace officer.

2) Any such person arrested as aforesaid shall be taken, as soon as reasonably may be, before a magistrate to be dealt with according to law; unless he be released on bail, approved by the Commissioner of Police or other authorised member of the police force, under the provi¬sions of the Police Act, or on bail otherwise lawfully authorised .

BOOK I
GENERAL PROVISIONS

TITLE viii
LAW AS TO PUNISHMENTS

Alternative Discretionary Powers as to Punishments

124. Power to release offender on probation.

(5) The offender, when apprehended, shall, if not brought forthwith before the court before which he is bound by his recognisance to appear for conviction or sentence, be brought before a court of summary jurisdiction .