Constitution of The BahamasIn briefSets the retirement age for Justices of Appeal and the only grounds and procedure for removing or suspending them; it does not apply to the Chief Justice.
Subject to the provisions of paragraph (4) to (7) (inclusive) of his Article, a Justice of Appeal shall hold office until he attains the age of sixty-eight years:
Subject to paragraphs (4) to (7) of this Article, a Justice of Appeal holds office until they reach the age of sixty-eight:
Provided that the Governor-General, acting on the recommendations of the Prime Minister after consultation with the Leader of the Opposition, may permit a Justice of Appeal who attains the age of sixty-eight years to continue in office until he has attained such later age, not exceeding seventy years, as may (before the Justice of Appeal has attained the age of sixty-eight years) have been agreed between them.
However, the Governor-General, acting on the recommendation of the Prime Minister after the Prime Minister has consulted the Leader of the Opposition, may allow a Justice of Appeal who reaches sixty-eight to stay in office until a later age, not beyond seventy, if that later age was agreed between them before the Justice of Appeal reached sixty-eight.
Notwithstanding that he has attained the age at which he is required by or under the provisions of this Article to vacate his office, a person holding the office of Justice of Appeal may, with the permission of the Governor-General, acting in accordance with the advice of the Prime Minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.
A person holding the office of Justice of Appeal who has reached the age at which this Article requires them to leave office may, with the permission of the Governor-General acting on the advice of the Prime Minister, stay in office for as long as is needed to deliver judgment or do anything else connected with proceedings that began before them before they reached that age.
Nothing done by a Justice of Appeal shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.
Nothing a Justice of Appeal does is invalid only because the Justice has reached the age at which this Article requires them to leave office.
A Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (5) of this Article.
A Justice of Appeal can be removed from office only for inability to do the job (whether because of physical or mental infirmity or any other cause) or for misbehaviour, and only by following the procedure in paragraph (5) of this Article.
A Justice of Appeal shall be removed from office by the Governor- General by instrument under the Public Seal if the question of the removal of that Justice of Appeal from office has, at the request of the Governor-General made in pursuance of paragraph (6) of this Article, been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council and the Judicial Committee has advised Her Majesty that the Justice of Appeal ought to be removed from office for inability as aforesaid or for misbehavior.
The Governor-General must remove a Justice of Appeal from office, by instrument (a formal written document) under the Public Seal, if the question of removing that Justice of Appeal has been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council at the request of the Governor-General made under paragraph (6) of this Article, and the Judicial Committee has advised Her Majesty that the Justice of Appeal ought to be removed from office for inability as described above or for misbehaviour.
If the Prime Minister (in the case of the President of the Court of Appeal) or the president of the Court of Appeal or the Chief Justice after consultation with the Prime Minister (in the case of any other Justice of Appeal) represented to the Governor-General that the question of removing a Justice of Appeal from office for inability as aforesaid or for misbehavior ought to be investigated, then-
If the Prime Minister (for the President of the Court of Appeal), or the President of the Court of Appeal or the Chief Justice after consulting the Prime Minister (for any other Justice of Appeal), tells the Governor-General that the question of removing a Justice of Appeal from office for inability as described above or for misbehaviour ought to be investigated, then:
the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General acting in accordance with the advice of the Prime Minister (in the case of the President of the Court of Appeal) of the President of the Court of Appeal (In the case of any other Justice of Appeal) from among persons who hold or have held high judicial office;
the Governor-General must appoint a tribunal made up of a Chairman and at least two other members, chosen by the Governor-General acting on the advice of the Prime Minister (for the President of the Court of Appeal) or of the President of the Court of Appeal (for any other Justice of Appeal) from among people who hold or have held high judicial office;
that tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether he should request that the question of the removal of that Justice of Appeal should be referred by Her Majesty to the Judicial Committee; and
the tribunal must look into the matter, report the facts to the Governor-General and recommend whether the Governor-General should request that the question of removing that Justice of Appeal be referred by Her Majesty to the Judicial Committee; and
if the tribunal so recommends, the Governor-General shall request that the question should be referred accordingly.
if the tribunal recommends it, the Governor-General must request that the question be referred.
The provisions of the Commission of Inquiry Act (a) as in force immediately before the appointed day shall, subject to the provisions of this Article, apply as nearly as may be in relation to tribunals appointed under paragraph (6) of his Article or, as the context may inquire, to the members thereof as they apply in relation to Commission or Commissioners appointed under that Act, and for that purpose shall have effect as if they formed part of this Constitution.
The Commissions of Inquiry Act, as in force immediately before the appointed day (the day this Constitution came into force), applies as closely as possible, subject to this Article, to tribunals appointed under paragraph (6) of this Article and, where the context requires, to their members, in the same way as it applies to Commissions and Commissioners appointed under that Act. For this purpose its provisions have effect as if they were part of this Constitution.
If the question of removing a Justice of Appeal from office has been referred to a tribunal appointed under paragraph (69 of this Article, the Governor- General acting in accordance with the advice of the Prime Minister (in the case of the President of the Court of Appeal) or of the President of the Court of Appeal after the President of the Court of Appeal has consulted with the Prime Minister (in the case of any other Justice of Appeal), may suspend the Justice of Appeal from performing the functions of his office.
If the question of removing a Justice of Appeal from office has been referred to a tribunal appointed under paragraph (6) of this Article, the Governor-General may suspend the Justice of Appeal from performing the duties of the office. The Governor-General does this acting on the advice of the Prime Minister (for the President of the Court of Appeal) or of the President of the Court of Appeal after the President has consulted the Prime Minister (for any other Justice of Appeal).
Any such suspension may at any time be revoked by the Governor- General, acting in accordance with the advice of the Prime Minster or the President of the Court of Appeal (as the case may be), and shall in any case cease to have effect if-
The Governor-General, acting on the advice of the Prime Minister or the President of the Court of Appeal (as the case may be), may lift the suspension at any time. In any case the suspension ends if:
the tribunal recommends to the Governor-General that he should not request that the question of the removal of the Justice of Appeal from office should be referred by Her Majesty to the Judicial Committee; or
the tribunal recommends to the Governor-General that the Governor-General should not request that the question of removing the Justice of Appeal from office be referred by Her Majesty to the Judicial Committee; or
the Judicial Committee advises her Majesty that the Justice of Appeal ought no to be removed from office.
the Judicial Committee advises Her Majesty that the Justice of Appeal ought not to be removed from office.
The provisions of this Article shall be without prejudice to the provisions of paragraph (2) of Article 101 of this Constitution.
This Article does not affect Article 101(2) of this Constitution.
The provisions of this Article and of Article 103 of this Constitution shall not apply to the Chief Justice.
This Article and Article 103 of this Constitution do not apply to the Chief Justice.