Constitution of The BahamasIn briefAnyone charged with a crime is entitled to a fair hearing by an independent court and to set trial rights, and civil cases must be heard fairly and in public.
If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
If a person is charged with a criminal offence, then unless the charge is withdrawn, the case must be given a fair hearing within a reasonable time by an independent and impartial court established by law.
Every person who is charged with a criminal offence-
Every person who is charged with a criminal offence:
shall be presumed to be innocent until he is proved or has pleaded guilty;
must be presumed innocent until proved guilty or until they plead guilty;
shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;
must be told as soon as reasonably practicable, in a language they understand and in detail, the nature of the offence they are charged with;
shall be given adequate time and facilities for the preparation of his defence;
must be given adequate time and facilities to prepare their defence;
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;
must be allowed to defend themselves before the court in person, or, at their own expense, through a legal representative of their own choice, or through a legal representative paid for from public funds where this is provided for by or under a law in force in The Bahamas;
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 condition as those applying to witnesses called by the prosecution;
must be given facilities to examine (question), in person or through their legal representative, the witnesses called by the prosecution before the court, and to have their own witnesses attend and be examined before the court on the same conditions as those that apply to witnesses called by the prosecution;
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
must be allowed the help of an interpreter, free of charge, if they cannot understand the language used at the trial; and
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 conduct 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.
has the right to trial by jury when charged on information (a formal written charge) in the Supreme Court. The trial cannot take place in the person's absence without their consent, unless the person behaves in court in a way that makes it impracticable to continue the proceedings in their presence and the court has ordered them to be removed and the trial to go on without them.
When a person is tried for any criminal offence, the accused person or any person authorized 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.
When a person is tried for a criminal offence, the accused person, or anyone the accused authorises, is entitled on request, and on paying any reasonable fee set by law, to be given within a reasonable time after judgment a copy, for the accused person's use, of any record of the proceedings made by or on behalf of the court.
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 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.
No one may be found guilty of a criminal offence because of an act or omission that was not a criminal offence at the time it took place. No penalty may be imposed for a criminal offence that is more severe, in degree or kind, than the maximum penalty that could have been imposed for that offence at the time it was committed.
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.
A person who shows that they have been tried by a competent court for a criminal offence, and either convicted or acquitted, cannot be tried again for that offence, or for any other criminal offence of which they could have been convicted at that trial, except on the order of a superior court in the course of appeal or review proceedings about the conviction or acquittal.
No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
No one may be tried for a criminal offence if they show that they have been pardoned for that offence.
No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
No one who is tried for a criminal offence can be forced to give evidence at the trial.
Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right of obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are institute by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.
Any court or other adjudicating authority (decision-making body) that the law sets up to decide whether a civil right or obligation exists, or how far it extends, must be established by law and must be independent and impartial. When a person brings proceedings for such a decision before such a court or authority, the case must be given a fair hearing within a reasonable time.
All proceeding 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;
All proceedings brought in any court to decide whether a civil right or obligation exists, or how far it extends, including the announcement of the court's decision, must be held in public;
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-
Nothing in paragraph (9) of this Article prevents the court from excluding from the proceedings people other than the parties and their legal representatives, as far as the court:
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 of the protection of the private live of persons concerned in the proceedings;
is empowered by law to do so and considers it necessary or advisable because publicity would prejudice the interests of justice, or in interlocutory proceedings (hearings on preliminary matters before the main trial), or in the interests of public morality, the welfare of people under eighteen years of age, or the protection of the private lives of people concerned in the proceedings;
may be empowered or required by law to do so in the interests of defence, public safety of public order; or
is empowered or required by law to do so in the interests of defence, public safety or public order; or
may be empowered or required to do so by rules of court and practice existing immediately before 10th July 1973 of by any law made subsequently to the extent that it makes provisions substantially to the same effect as provision contained in any such rules.
is empowered or required to do so by rules of court and practice that existed immediately before 10th July 1973, or by any later law to the extent that it makes provision substantially to the same effect as those rules.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
A law, and anything done under it, is not treated as inconsistent with or in breach of:
sub-paragraph (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;
sub-paragraph (2)(a) of this Article, to the extent that the law places on a person charged with a criminal offence the burden of proving particular facts;
sub-paragraph (2)(e) of this Article to the extent that the law in question imposes conditions that must be satisfied if discrimination on witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;
sub-paragraph (2)(e) of this Article, to the extent that the law sets conditions that must be met before witnesses called to give evidence for an accused person can have their expenses paid from public funds;
paragraph (5) of this Article to the extent that the law in question authorizes 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.
paragraph (5) of this Article, to the extent that the law allows a court to try a member of a disciplined force for a criminal offence even though that member has already been tried and convicted or acquitted under the disciplinary law of that force. However, a court that tries and convicts such a member must take into account, when sentencing, any punishment already given under that disciplinary law.