Constitution of The BahamasIn briefDefines the terms used in this Chapter, including "court", "disciplinary law", "disciplined force" and "legal representative", and extends some provisions to disciplinary offences.
In this Chapter-
In this Chapter:
"contravention", in relation to any requirement, includes a failure to comply with that requirement; and cognate expressions shall be construed accordingly;
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and related expressions are to be read in the same way;
"court" means any court of law having jurisdiction in The Bahamas other than a court established by a disciplinary law, and includes the Judicial Committee of Her Majesty's Privy Council or any court substituted therefore by any law made under Article 105 of this Constitution and-
"court" means any court of law with jurisdiction in The Bahamas, other than a court established by a disciplinary law, and includes the Judicial Committee of Her Majesty's Privy Council or any court put in its place by a law made under Article 105 of this Constitution, and:
In Article 16, Article 18, Article 19, paragraphs (2), (3), (5), (8), (9) and (10) of Article 26 and paragraph (3) of Article 28 of this Constitution includes, in relation to an offence against a disciplinary law, a court established by such a law; and
in Article 16, Article 18, Article 19, paragraphs (2), (3), (5), (8), (9) and (10) of Article 20 and paragraph (3) of Article 28 of this Constitution, it includes, in relation to an offence against a disciplinary law, a court established by such a law; and
In Article 18, Article 19 and paragraph (3) of Article 28 of this Constitution includes, in relation to an offence against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offence;
in Article 18, Article 19 and paragraph (3) of Article 28 of this Constitution, it includes, in relation to an offence against a disciplinary law, any person or authority with power to exercise jurisdiction over that offence;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
"disciplined force" means:
a naval, military or air force;
a naval, military or air force;
the Police Service of The Bahamas; or
the Police Service of The Bahamas; or
the Prison Service of The Bahamas; or
the Prison Service of The Bahamas; or
any other force or service specified by Act of Parliament to be a disciplined force for the purposes of this Chapter;
any other force or service that an Act of Parliament specifies to be a disciplined force for the purposes of this Chapter;
"legal representative" means a person entitled to practice in The Bahamas as Counsel and Attorney of the Supreme Court;
"legal representative" means a person entitled to practise in The Bahamas as Counsel and Attorney of the Supreme Court;
"member" in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline.
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.
Any reference in Articles 16, 19, 25 and 27 of this Constitution to a criminal offence shall be construed as including an offence against disciplinary law, and any such reference in paragraphs (2) to (7) (inclusive) of Article 20 of this Constitution shall, in relation to proceedings before a court constituted by or under disciplinary law, be construed in the same manner.
Any reference in Articles 16, 19, 25 and 27 of this Constitution to a criminal offence is to be read as including an offence against disciplinary law. Any such reference in paragraphs (2) to (7) (inclusive) of Article 20 of this Constitution is to be read in the same way in relation to proceedings before a court set up by or under disciplinary law.
In relation to any person who is a member of a disciplined force raise under a law of any country other than The Bahamas and lawfully present in The Bahamas, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent, with or in contravention of any of the provisions of this Chapter.
For a person who is a member of a disciplined force raised under the law of a country other than The Bahamas and who is lawfully present in The Bahamas, nothing contained in or done under the disciplinary law of that force is treated as inconsistent with or in breach of any provision of this Chapter.