Constitution of The BahamasIn briefGives the Attorney-General independent power to start, take over and stop criminal prosecutions, free from direction by anyone else.
The Attorney-General shall have power in any case in which he considers it desirable so to do-
In any case where the Attorney-General considers it desirable, he has the power:
to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of The Bahamas;
to start and carry on criminal proceedings against any person in any court for any offence against the law of The Bahamas;
to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and
to take over and continue any such criminal proceedings that any other person or authority has started; and
to discontinue, at any stage before judgment is delivered, any such criminal proceedings instituted or undertaken by himself or any other person or authority.
to stop, at any stage before judgment is given, any such criminal proceedings started or taken over by himself or by any other person or authority.
The powers conferred upon the Attorney-General under paragraph (1) of this Article may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.
The Attorney-General may exercise the powers given to him under paragraph (1) of this Article in person or through other persons acting under his general or specific instructions.
The powers conferred upon the Attorney-General by sub-paragraphs (1)
The powers given to the Attorney-General by sub-paragraphs (1)
and (c) of this Article shall be vested in him to the exclusion of any other person or authority:
and (c) of this Article belong to him alone and to no other person or authority:
Provided that, where any other person or authority has instituted criminal proceedings, nothing in this Article shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.
But where any other person or authority has started criminal proceedings, nothing in this Article stops that person or authority from withdrawing those proceedings, or having them withdrawn, at any stage before the accused person has been charged before the court.
In the exercise of powers conferred upon him by this Article the Attorney-General shall not be subject to the direction or control of any other person or authority.
When exercising the powers this Article gives him, the Attorney-General is not subject to the direction or control of any other person or authority.
For the purposes of this Article, any appeal from any determination in any criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings to any other court shall be deemed to be part of those proceedings.
For the purposes of this Article, any appeal from a decision in criminal proceedings in any court, and any case stated or question of law reserved (a point of law sent from those proceedings to another court for a ruling), is treated as part of those proceedings.