Constitution of The Bahamas

ContentsChapter III

Protection of Fundamental Rights and Freedoms of the Individual

Articles 15 to 31

Official text. Hover or tap any paragraph for its plain-English version.Plain-language edition, an unofficial restatement. Hover or tap any paragraph for the official wording, which alone has legal effect.

Articles in this chapter
15.

In briefEvery person in The Bahamas has basic rights and freedoms, and this Chapter protects them within limits that respect other people's rights and the public interest.

Whereas every person in The Bahamas is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

Every person in The Bahamas is entitled to the fundamental rights and freedoms of the individual. This means that, whatever your race, place of origin, political opinions, colour, creed (religious belief) or sex, you have the right to each and all of the following, as long as you respect the rights and freedoms of others and the public interest:

(a)

life, liberty, security of the person and the protection of the law;

life, liberty, security of the person and the protection of the law;

(b)

freedom of conscience, of expression and of assembly and association; and

freedom of conscience, of expression, and of assembly and association; and

(c)

protection for the privacy of his home and other property and from deprivation of property without compensation, the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

protection for the privacy of your home and other property, and protection from having your property taken away without compensation. The rest of this Chapter protects these rights and freedoms, subject to the limits set out in those Articles. Those limits are designed to make sure that one person's enjoyment of these rights and freedoms does not harm the rights and freedoms of others or the public interest.

Fundamental rights and freedoms of the individualYour basic rights and freedoms

16.

In briefNo one may be deliberately killed except under a court's sentence for a crime, and deaths caused by reasonably justifiable lawful force are not breaches.

(1)

No person shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.

No one may be intentionally deprived of life, except in carrying out the sentence of a court for a criminal offence of which that person has been convicted.

(2)

A person shall not be regarded as having been deprived of his life in contravention of this Article if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-

A person is not treated as having been deprived of life in breach of this Article if the person dies as a result of the use of force that is reasonably justifiable, to the extent and in the circumstances that the law allows:

(a)

for the defence of any person from violence or for the defence of property;

to defend any person from violence, or to defend property;

(b)

in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

to carry out a lawful arrest, or to stop a lawfully detained person from escaping;

(c)

for the purpose of suppressing a riot, insurrection or mutiny; or

to put down a riot, insurrection (an uprising against authority) or mutiny; or

(d)

in order to prevent the commission by tat person of a criminal offence, or if he dies as a result of a lawful act of war.

to stop that person from committing a criminal offence. The same applies if the person dies as a result of a lawful act of war.

Protection of right to lifeRight to life

17.

In briefNo one may be tortured or given inhuman or degrading treatment or punishment, but punishments that were lawful before 10th July 1973 are not affected.

(1)

No person shall be subjected to torture or to inhuman or degrading treatment or punishment.

No one may 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 authorizes the infliction of any description of punishment that was lawful in the Bahamas Islands immediately before 10th July 1973.

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law authorises any kind of punishment that was lawful in the Bahamas Islands immediately before 10th July 1973.

Protection from inhumane treatmentProtection from torture and inhumane treatment

18.

In briefNo one may be held in slavery or servitude or made to do forced labour, with set exceptions such as court sentences, service duties and emergencies.

(1)

No person shall be held in slavery or servitude.

No one may be held in slavery or servitude (being forced to work for or serve another person).

(2)

No person shall be required to perform forced labour.

No one may be required to do forced labour.

(3)

For the purposes of this Article, "forced labour" does not Protection include-

For the purposes of this Article, "forced labour" does not include:

(a)

any labour required in consequence of the sentence or order of a court;

any labour required as a result of the sentence or order of a court;

(b)

any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service in a naval, military or air force, any labour which that person is required by law to perform in place of such service;

any labour required of a member of a disciplined force (a military, police or prison service, as defined in Article 31) as part of that member's duties, or, for a person who has conscientious objections to serving in a naval, military or air force, any labour that the law requires that person to do instead of such service;

(c)

labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place in which he is detained; or

labour required of a person while lawfully detained which, although not required by the sentence or order of a court, is reasonably necessary for hygiene or for the upkeep of the place where the person is detained; or

(d)

any labour required during a period of public emergency (that is to say, a period to which Article 29 of this Constitution applies) or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.

any labour required during a period of public emergency (that is, a period to which Article 29 of this Constitution applies), or during any other emergency or calamity that threatens the life or well-being of the community, to the extent that requiring the labour is reasonably justifiable for dealing with any situation that arises or exists during that period or as a result of that other emergency or calamity.

Protection from slavery and forced labourProtection from slavery and forced labour

19.

In briefNo one may be deprived of personal liberty except in listed cases allowed by law, and people who are arrested or detained have set rights and safeguards.

(1)

No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases-

No one may be deprived of personal liberty (their physical freedom) except as the law allows in one 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;

to carry out the sentence or order of a court, whether a court of The Bahamas or of another country, for a criminal offence of which the person has been convicted, or because the person is unfit to plead to a criminal charge, or to carry out a court's order made because the person is in 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 fulfillment of any obligation imposed upon him by law;

to carry out a court order made to make sure the person fulfils an obligation that the law places on them;

(c)

for the purpose of bringing him before a court in execution of the order of a court;

to bring the person before a court as ordered by a court;

(d)

upon reasonable suspicion of his having committed, or of being about to commit, a criminal offence;

on reasonable suspicion that the person has committed, or is 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;

in the case of a person under eighteen years of age, for the person's 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 case or treatment of the protection of the community;

to prevent 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 (a person with no settled home or work), for that person's care or treatment or for 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 sub-paragraph, provide that a person who is not a citizen of The Bahamas may be deprived of this 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.

to prevent the person from entering The Bahamas unlawfully, or to carry out the person's expulsion, extradition (handing over to another country to face justice there) or other lawful removal from The Bahamas, or to take proceedings relating to such removal. Without limiting this, a law may, for the purposes of this sub-paragraph, provide that a person who is not a citizen of The Bahamas may be deprived of liberty as far as necessary to carry out a lawful order that requires the person to stay within a specified area of The Bahamas, or that forbids the person from being within such an area.

(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 reason 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.

A person who is arrested or detained must be told, as soon as reasonably practicable and in a language they understand, the reason for the arrest or detention. The person must be allowed, at their own expense, to engage and instruct a legal representative of their own choice without delay, and to communicate privately with that representative. A person under eighteen years of age must also be given a reasonable opportunity to communicate with a parent or guardian.

(3)

Any person who is arrested or detained in such a case as is mentioned in sub-paragraph (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 sub-paragraph (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 reasonably necessary to ensure that he appears at a later date for trial of for proceedings preliminary to trial.

A person who is arrested or detained in a case mentioned in sub-paragraph (1)(c) or (d) of this Article, and who is not released, must be brought before a court without undue delay. If a person arrested or detained in a case mentioned in sub-paragraph (1)(d) is not tried within a reasonable time, the person must be released (without affecting any further proceedings that may be brought against them), either unconditionally or on reasonable conditions, including in particular conditions that are reasonably necessary to make sure the person appears at a later date for trial or for proceedings before the trial.

(4)

Any person who is unlawfully arrested or detained by any other persons hall be entitled to compensation therefor from that other person.

A person who is unlawfully arrested or detained by any other person is entitled to compensation from that other person.

(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-

Where a person is detained under a law of the kind referred to in Article 29 of this Constitution (a law for a time of war or public emergency), the following rules 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;

as soon as reasonably practicable, and in any case not more than five days after the detention begins, the person must be given a written statement, in a language they understand, of the grounds on which they are detained;

(b)

not more than fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provisions of law under which his detention is authorized;

not more than fourteen days after the detention begins, a notice must be published in the Gazette stating that the person has been detained and giving details of the provisions of law under which the detention is authorised;

(c)

he may from time to time request that his case be reviewed under sub-paragraph (d) of this paragraph but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;

the person may from time to time ask for their case to be reviewed under sub-paragraph (d) of this paragraph, but once the person has made such a request, no further request can be made until three months have passed since the previous request;

(d)

where a request is made under sub-paragraph (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;

when a request is made under sub-paragraph (c) of this paragraph, the case must be reviewed within one month of the request by an independent and impartial tribunal established by law. The tribunal is presided over by the Chief Justice, or by another Justice of the Supreme Court appointed by the Chief Justice, and is made up of people who are Justices of the Supreme Court or who are qualified to be appointed as Justices of the Supreme Court;

(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.

the person must be given reasonable facilities to consult and instruct, at their own expense, a legal representative of their own choice, and the person and any such legal representative must be allowed to make written or spoken representations, or both, to the tribunal appointed to review the case.

(6)

On any review by a tribunal in pursuance of paragraph (5) of this Article of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

When a tribunal reviews a detained person's case under paragraph (5) of this Article, it may make recommendations to the authority that ordered the detention about whether continuing the detention is necessary or advisable. But unless a law provides otherwise, that authority is not obliged to act on those recommendations.

(7)

When any person is detained by virtue of such a law as is referred to in Article 29 of this Constitution the Prime Minister of privacy of home a Minister authorized by him shall, not more than thirty days after and other the commencement of the detention and thereafter no more than property. thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of paragraph (5) of this Article:

When a person is detained under a law of the kind referred to in Article 29 of this Constitution, the Prime Minister, or a Minister authorised by the Prime Minister, must make a report to each House of Parliament not more than thirty days after the detention begins, and after that not more than thirty days after the previous report. The report must state the number of people detained in this way and the number of cases in which the authority that ordered a detention has not acted on the recommendations of a tribunal appointed under paragraph (5) of this Article:

Provided that in reckoning any period of thirty days for the purposes of this paragraph no account shall be taken of any period during which parliament stands prorogued or dissolved.

However, when counting any period of thirty days for the purposes of this paragraph, any time during which Parliament is prorogued (its session is suspended) or dissolved is left out.

Protection from arbitrary arrest or detentionProtection from arbitrary arrest or detention

20.

In 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.

(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.

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.

(2)

Every person who is charged with a criminal offence-

Every person who is charged with a criminal offence:

(a)

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;

(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;

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;

(c)

shall be given adequate time and facilities for the preparation of his defence;

must be given adequate time and facilities to prepare their 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;

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;

(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 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;

(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

must be allowed the help of an interpreter, free of charge, if they cannot understand the language used at the trial; 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 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.

(3)

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.

(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 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.

(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.

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.

(6)

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.

(7)

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.

(8)

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.

(9)

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;

(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-

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:

(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 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;

(b)

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

(c)

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.

(11)

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:

(a)

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;

(b)

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;

(c)

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.

Provisions to secure protection of lawFair trial and protection of law

21.

In briefNo one may be searched, have their property searched or have their premises entered without consent, except under laws that are reasonably justifiable in a democratic society.

(1)

Except with his consent, no person shall be subjected to the search of his person or his property of the entry by others on his premises.

Without your consent, you cannot be subjected to a search of your person or your property, or to other people entering your premises.

(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 makes provisions-

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law makes provision:

(a)

which is reasonably required-

that is reasonably required:

(i)

in the interests of defence, public safety, public order, public morality, public health, town and country planning, he development of mineral resources, or the development of utilization of any other property in such a manner as to promote the public benefit; or

in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development of mineral resources, or the development or use of any other property in a way that promotes the public benefit; or

(ii)

for the purpose of protecting the rights and freedoms other persons;

to protect the rights and freedoms of other people;

(b)

to enable an officer or agent of the Government of The Bahamas, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and the belongs to that Government, authority or body corporate, as the case may be; or

to allow an officer or agent of the Government of The Bahamas, a local government authority, or a body corporate (a legally recognised organisation) established by law for public purposes, to enter a person's premises in order to inspect the premises or anything on them for the purposes of any tax, rate or due, or to carry out work connected with any property that is lawfully on those premises and belongs to that Government, authority or body corporate; or

(c)

to authorize, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order, and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

to authorise, for the purpose of enforcing a court's judgment or order in civil proceedings, the search of any person or property by order of a court, or entry onto any premises by such an order. These exceptions do not apply if the provision, or the thing done under it, is shown not to be reasonably justifiable in a democratic society.

Protection for privacy of home and other propertyPrivacy of home and property

22.

In briefEveryone is free to hold, change and practise their religion or beliefs, with protections in schools and against forced oaths, subject to limited exceptions.

(1)

Except with his consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this Article the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion of belief in worship, teaching, practice and observance.

Without your consent, you cannot be hindered in enjoying your freedom of conscience. For the purposes of this Article, this freedom includes freedom of thought and of religion, freedom to change your religion or belief, and freedom, alone or together with others and in public or in private, to show and spread your religion or belief through worship, teaching, practice and observance.

(2)

Except with his consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance of that instruction, ceremony or observance relates to a religion other than his own.

No person attending any place of education can be required to receive religious instruction, or to take part in or attend any religious ceremony or observance, if that instruction, ceremony or observance relates to a religion other than their own, unless the person consents (or, if the person is under eighteen years of age, their guardian consents).

(3)

No religious body or denomination shall be prevented from or hindered in providing religious instruction for persons of that body of denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.

No religious body or denomination can be prevented from or hindered in providing religious instruction for people of that body or denomination as part of any education it provides, whether or not it receives a government subsidy, grant or other financial help intended to meet all or part of the cost of that education.

(4)

No person shall be compelled to take any oath which is contrary to his religion or belief of to take any oath in a manner which is contrary to his religion or belief.

No one can be forced to take an oath that goes against their religion or belief, or to take an oath in a way that goes against their religion or belief.

(5)

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 makes provision which is reasonably required-

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law makes provision that is reasonably required:

(a)

in the interest of defence, public safety, public order, public morality or public health; or

in the interests of defence, public safety, public order, public morality or public health; or

(b)

for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited interference of member of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

to protect the rights and freedoms of other people, including the right to observe and practise any religion without unwanted interference from members of any other religion. This exception does not apply if the provision, or the thing done under it, is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of conscienceFreedom of conscience and religion

23.

In briefEveryone is free to hold opinions and to receive and share ideas and information without interference, subject to limited exceptions that must be justifiable in a democratic society.

(1)

Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence.

Without your consent, you cannot be hindered in enjoying your freedom of expression. For the purposes of this Article, this freedom includes freedom to hold opinions, freedom to receive and pass on ideas and information without interference, and freedom from interference with your correspondence (letters and messages).

(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 makes provision-

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law makes provision:

(a)

which is reasonably required-

that is reasonably required:

(i)

in the interests of defence, public safety, public order, public morality or public health; or

in the interests of defence, public safety, public order, public morality or public health; or

(ii)

for the purposes of protecting the rights, reputations and freedoms of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainment; or

to protect the rights, reputations and freedoms of other people, to prevent the disclosure of information received in confidence, to maintain the authority and independence of the courts, or to regulate telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainment; or

(b)

which imposes restrictions upon persons holding office under the Crown or upon members of a disciplined force, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

that places restrictions on people holding office under the Crown (public servants) or on members of a disciplined force. These exceptions do not apply if the provision, or the thing done under it, is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of expressionFreedom of expression

24.

In briefEveryone is free to gather peacefully and associate with others, including forming or joining political parties and trade unions, subject to limited exceptions.

(1)

Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties, or to form or belong to trade unions or other association for the protection of his interests.

Without your consent, you cannot be hindered in enjoying your freedom of peaceful assembly and association. This means your right to gather freely and associate with other people, and in particular to form or belong to political parties, or to form or belong to trade unions or other associations for the protection of your interests.

(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 makes provision-

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law makes provision:

(a)

which is reasonably required-

that is reasonably required:

(i)

in the interest of defence, public safety, public order, public morality or public health; or

in the interests of defence, public safety, public order, public morality or public health; or

(ii)

for the purpose of protecting the rights and freedoms of other persons; or

to protect the rights and freedoms of other people; or

(b)

which imposes restriction upon person s holding office under the Crown or upon members of a discipline force, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

that places restrictions on people holding office under the Crown (public servants) or on members of a disciplined force. These exceptions do not apply if the provision, or the thing done under it, is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of assembly and associationFreedom of assembly and association

25.

In briefEveryone has the right to move and live anywhere in The Bahamas and to enter and leave it, subject to listed exceptions such as lawful detention and immigration rules.

(1)

Except with his consent, no person shall be hindered in the enjoyment of his freedom of movement, and for the purposes of this Article the said freedom means the right to move freely throughout The Bahamas, the right to reside in any part thereof, the right to enter The Bahamas, the right to leave The Bahamas and immunity from expulsion therefrom.

Without your consent, you cannot be hindered in enjoying your freedom of movement. For the purposes of this Article, this freedom means the right to move freely throughout The Bahamas, the right to live in any part of it, the right to enter The Bahamas, the right to leave The Bahamas, and immunity from (protection against) being expelled from it.

(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 makes provision-

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law makes provision:

(a)

which is reasonably required-

that is reasonably required:

(i)

in the interests of defence, public safety, public order, public morality, public health, town and country planning of the prevention of plant or animal diseases; or

in the interests of defence, public safety, public order, public morality, public health, town and country planning, or the prevention of plant or animal diseases; or

(ii)

for the purpose of protecting the rights and freedoms of other persons, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;

to protect the rights and freedoms of other people. This exception does not apply if the provision, or the thing done under it, is shown not to be reasonably justifiable in a democratic society;

(b)

for the removal of a person from The Bahamas to be tried outside The Bahamas for a criminal offence or to undergo imprisonment in some other country in respect of a criminal offence of which he has been convicted;

for removing a person from The Bahamas to be tried outside The Bahamas for a criminal offence, or to serve a prison sentence in another country for a criminal offence of which the person has been convicted;

(c)

for the imposition of restriction upon the movement of residence within The Bahamas of public officers or member of a disciplined force that are reasonably required for the purpose of the proper performance of their functions; or

for placing restrictions on the movement or residence within The Bahamas of public officers or members of a disciplined force, where the restrictions are reasonably required for the proper performance of their duties; or

(d)

for the imposition of restriction on the right of any person to leave The Bahamas of any person who is not a citizen of The Bahamas or the exclusion or expulsion therefrom of any such person; or

for placing restrictions on the movement or residence within The Bahamas of a person who is not a citizen of The Bahamas, or for excluding or expelling such a person from The Bahamas; or

(e)

for the imposition of restrictions on the right of any person to leave The Bahamas in the public interest, or for securing compliance with any international obligation of the Government of The Bahamas particulars of which have been laid before Parliament.

for placing restrictions on any person's right to leave The Bahamas in the public interest, or to secure compliance with an international obligation of the Government of The Bahamas, details of which have been laid before Parliament.

(3)

Any restriction on a person's freedom of movement which is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this Article.

A restriction on a person's freedom of movement that is part of their lawful detention is not treated as inconsistent with or in breach of this Article.

(4)

For the purposes of sub-paragraph (c) of paragraph (2) of this Article "law" in that paragraph includes directions in writing regarding the conduct of public officers generally of any class of public officer issued by the Government of The Bahamas.

For the purposes of sub-paragraph (c) of paragraph (2) of this Article, "law" in that paragraph includes written directions issued by the Government of The Bahamas about the conduct of public officers generally or of any class of public officer.

Protection of freedom of movementFreedom of movement

26.

In briefLaws cannot discriminate, and public authorities cannot treat people differently because of race, place of origin, political opinions, colour or creed, with listed exceptions.

(1)

Subject to the provision of paragraph (4), (5) and (9) of this Article no law shall make any provision which is discriminatory either of itself or in its effect.

Subject to paragraphs (4), (5) and (9) of this Article, no law may make any provision that is discriminatory, either in itself or in its effect.

(2)

Subject to the provisions of paragraphs (6), (9) and (10) of this Article, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the function of any public office or any public authority.

Subject to paragraphs (6), (9) and (10) of this Article, no one may be treated in a discriminatory way by any person acting under a written law or carrying out the functions of a public office or a public authority.

(3)

In this Article, the expression "discriminatory" means affording different treatment to different person attributable wholly or mainly to their respective descriptions by race, place of origin political opinions colour or creed whereby person of one such description are subjected to disabilities or restrictions to which person of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

In this Article, "discriminatory" means giving different treatment to different people wholly or mainly because of their race, place of origin, political opinions, colour or creed, so that people of one such description are subjected to disabilities or restrictions that people of another such description are not, or are given privileges or advantages that people of another such description are not given.

(4)

Paragraph (1) of this Article shall not apply to any law so far as that law makes provision-

Paragraph (1) of this Article does not apply to a law so far as it makes provision:

(a)

for the appropriation of revenues or other funds of The Bahamas or for the imposition of taxation (including the levying of fees for the grant of licences; or

for the appropriation (setting aside for spending) of the revenues or other funds of The Bahamas, or for imposing taxation (including charging fees for the grant of licences); or

(b)

with respect to the entry into or exclusion from, or the employment, engaging in any business or profession, movement of residence within, The Bahamas of persons who are not citizens of The Bahamas; or

about the entry into or exclusion from The Bahamas of people who are not citizens of The Bahamas, or about their employment, their carrying on of any business or profession, or their movement or residence within The Bahamas; or

(c)

with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or

about adoption, marriage, divorce, burial, the passing of property on death, or other matters of personal law; or

(d)

whereby persons of any such description as is mentioned in paragraph (3) for this Article may be subjected to any disability or restriction or may be accorded any privilege or advantage which having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society; or

under which people of any description mentioned in paragraph (3) of this Article may be subjected to a disability or restriction, or given a privilege or advantage, that is reasonably justifiable in a democratic society having regard to its nature and to the special circumstances of those people or of people of any other such description; or

(e)

for authorizing the granting of licenses or certificates permitting the conduct of a lottery, the keeping of a gaming house or the carrying on of gambling in any of its forms subject to conditions which impose upon persons who are citizens of The Bahamas disabilities or restriction to which other persons are not made subject.

for authorising the grant of licences or certificates permitting the running of a lottery, the keeping of a gaming house or the carrying on of gambling in any form, subject to conditions that place on citizens of The Bahamas disabilities or restrictions that do not apply to other people.

(5)

Nothing contained in any law shall be held to be inconsistent whit or in contravention of paragraph (1) of this Article to the extent that it makes provision with respect to standards or qualifications (not being a standard or qualification specifically relating to race, place of origin, political opinions, colour or creed) in order to be eligible for service as a public officer or as a member of a disciplined force of for the service of a local government authority or a body corporate established by law for public purposes.

A law is not treated as inconsistent with or in breach of paragraph (1) of this Article to the extent that it sets standards or qualifications (other than a standard or qualification that specifically relates to race, place of origin, political opinions, colour or creed) for eligibility to serve as a public officer or as a member of a disciplined force, or to serve a local government authority or a body corporate (a legally recognised organisation) established by law for public purposes.

(6)

Paragraph (2) of this Article shall not apply to anything which is expressly of by necessary implication authorized to be done by any such provision of law as is referred to in paragraphs (4) or (5) of this Article.

Paragraph (2) of this Article does not apply to anything that is expressly, or by necessary implication, authorised by a provision of law of the kind referred to in paragraph (4) or (5) of this Article.

(7)

Subject to the provisions of subparagraph (4)(e) and of paragraph (9) of this Article no person shall be treated in a discriminatory manner in respect of access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort.

Subject to sub-paragraph (4)(e) and paragraph (9) of this Article, no one may be treated in a discriminatory way regarding access to any of the following places that the general public has access to: shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort.

(8)

Subject to the provisions of this Article no person shall be treated in a discriminatory manner-

Subject to this Article, no one may be treated in a discriminatory way:

(a)

in respect of any conveyance or lease or agreement for, or in consideration of, or collateral to, a conveyance or lease of any freehold or leasehold hereditament which have been offered for sale or lease to the general public;

in any conveyance (transfer of ownership) or lease of freehold or leasehold property that has been offered for sale or lease to the general public, or in any agreement for, in exchange for, or connected with such a conveyance or lease;

(b)

in respect of any covenant or provision in any conveyance or lease or agreement for, or in consideration of, or collateral to, a conveyance or lease restricting by discriminatory provision the transfer, ownership, use or occupation of any freehold or leasehold hereditament which have been offered for sale or lease to the general public.

in any covenant (binding promise) or provision in such a conveyance, lease or agreement that uses a discriminatory provision to restrict the transfer, ownership, use or occupation of freehold or leasehold property that has been offered for sale or lease to the general public.

(9)

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 makes provision whereby persons of any such description as is mentioned in paragraph (3) of this Article may be subjected to any restriction on the rights and freedoms guaranteed by Articles 21,22,23,24 and 25 of this Constitution, being such a restriction as is authorized by Article 21(2)(a), 22(5), 23(2), 24(2) or 25(2)(a) or (e), as the case may be.

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law allows people of any description mentioned in paragraph (3) of this Article to be subjected to a restriction on the rights and freedoms guaranteed by Articles 21, 22, 23, 24 and 25 of this Constitution, where the restriction is one authorised by Article 21(2)(a), 22(5), 23(2), 24(2) or 25(2)(a) or (e), as the case may be.

(10)

Nothing in paragraph (2) of this Article shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

Nothing in paragraph (2) of this Article affects any discretion (power to decide) that this Constitution or any other law gives to any person over starting, conducting or discontinuing civil or criminal proceedings in any court.

Protection from discrimination on the grounds of race, etc.Protection from discrimination

27.

In briefProperty cannot be compulsorily taken or acquired unless it is necessary in the public interest, with prompt and adequate compensation and a right to go to court.

(1)

No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-

No property of any kind may be compulsorily taken possession of, and no interest in or right over property of any kind may be compulsorily acquired, unless all of the following conditions are met:

(a)

the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of any property in such manner as to promote the public benefit or the economic well-being of the community; and

the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning, or the development or use of any property in a way that promotes the public benefit or the economic well-being of the community; and

(b)

the necessity thereof is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and

the need for it is great enough to reasonably justify any hardship that may result to any person with an interest in or right over the property; and

(c)

provision is made by a law applicable to that taking of possession or acquisition-

a law that applies to that taking of possession or acquisition provides:

(i)

for the making of prompt and adequate compensation in the circumstances; and

for prompt and adequate compensation in the circumstances; and

(ii)

securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment of that compensation; and

for any person with an interest in or right over the property to have a right of access to the Supreme Court, either directly or on appeal from another authority, to decide their interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation they are entitled to, and to obtain prompt payment of that compensation; and

(d)

any party to proceedings in the Supreme Court relating to such a claim is given by law the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.

any party to proceedings in the Supreme Court about such a claim is given by law the same rights of appeal as parties generally have in civil proceedings in that Court sitting as a court of original jurisdiction (a court hearing a case for the first time).

(2)

Nothing in this Article shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property-

Nothing in this Article affects the making or operation of any law so far as it provides for taking possession of or acquiring property:

(a)

in satisfaction of any tax, rate or due;

to pay off any tax, rate or due;

(b)

by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of The Bahamas;

as a penalty for breaking the law, whether through civil process or after conviction for a criminal offence under the law of The Bahamas;

(c)

as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;

as part of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;

(d)

upon the attempted removal of the property in question out of or into The Bahamas in contravention of any law;

when someone tries to move the property out of or into The Bahamas in breach of any law;

(e)

by way of the taking of a sample for the purposes of any law;

by taking a sample for the purposes of any law;

(f)

where the property consist of an animal upon its being found trespassing (g) in the execution of judgments or orders of courts;

where the property is an animal that is found trespassing or straying; (g) in carrying out judgments or orders of courts;

(h)

by reason of its being in a dilapidated or dangerous state of injurious to the health of human beings, animals or plants;

because it is in a dilapidated (run-down) or dangerous state, or is harmful to the health of people, animals or plants;

(i)

in consequence of any law making provision for the validation of titles to words) the confirmation of such titles, or for the extinguishment of adverse claims, or actions,

as a result of any law that validates titles to land or (without limiting that) confirms such titles, that extinguishes adverse claims (cancels competing claims to the property), or that deals with prescription (acquiring rights through long use) or time limits on bringing legal actions;

(j)

for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon-

for only as long as is necessary for any examination, investigation, trial or inquiry, or, in the case of land, for carrying out on the land:

(i)

of work or reclamation, drainage, soil conservation or the conservation of other natural resources; or

work of reclamation, drainage, soil conservation or the conservation of other natural resources; or

(ii)

of agricultural development or improvement that the owner or occupier of the land has been required, and has without reasonable and lawful excuse, refused or failed to carry out; or

agricultural development or improvement that the owner or occupier of the land was required to carry out and, without reasonable and lawful excuse, refused or failed to carry out; or

(k)

to the extent that the law in question makes provision for the vesting or taking of possession or acquisition or administration of-

to the extent that the law provides for the vesting (transfer of legal ownership), taking of possession, acquisition or administration of:

(i)

enemy property;

enemy property;

(ii)

property of a deceased person, a person of unsound mind of a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;

the property of a deceased person, a person of unsound mind, or a person under twenty-one years of age, so that it can be administered for the benefit of the people entitled to the beneficial interest in it;

(iii)

property of a person adjudged insolvent or a defunct company that has been struck off the Register of Companies, of a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of that insolvent person or body corporate and, subject thereto, for the benefit of other person entitled to the beneficial interest in the property; or

the property of a person judged insolvent, or of a defunct company that has been struck off the Register of Companies, or of a body corporate in liquidation, so that it can be administered for the benefit of the creditors of that insolvent person or body corporate and, after that, for the benefit of the other people entitled to the beneficial interest in the property; or

(iv)

property subject to a trust, for the purpose of vesting the property creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

property subject to a trust, so that it can be vested in the people appointed as trustees under the instrument that created the trust or by a court, or, by order of a court, so that the trust can be given effect.

(3)

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 makes provision for the orderly marketing or production or growth or extraction of any agricultural or fish product or mineral or water or any article or thing prepared for market or manufactured therefor of for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law provides for the orderly marketing, production, growing or extraction of any agricultural or fish product, mineral, water, or any article or thing prepared for market or manufactured for it, or for reasonable restrictions on the use of any property in order to safeguard the interests of others or to protect tenants, licensees or others with rights in or over that property.

(4)

Nothing contained in or done under that 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 makes provision for the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest or right is held by a body corporate established directly by law for public purpose in which no monies have been invested other than monies provided by Parliament or by any Legislature established for the former Colony of the Bahamas Islands.

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law provides for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which no money has been invested other than money provided by Parliament or by any Legislature established for the former Colony of the Bahamas Islands.

Protection from deprivation of propertyProtection from having property taken

28.

In briefAnyone who claims their rights under Articles 16 to 27 have been, are being or are likely to be breached can apply to the Supreme Court for a remedy.

(1)

If any person alleges that any of the provisions of Articles 16 to 27 (inclusive) of this Constitution has been, is being of is likely to be contravened in relation to him then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.

If a person claims that any provision of Articles 16 to 27 (inclusive) of this Constitution has been, is being or is likely to be breached in relation to them, that person may apply to the Supreme Court for redress (a remedy). This does not affect any other lawful action available for the same matter.

(2)

The Supreme Court shall have original jurisdiction-

The Supreme Court has original jurisdiction (the power to hear a case at first instance, rather than on appeal):

(a)

to hear and determine any application made by any person in pursuance of paragraph (1) of this Article; and

to hear and decide any application made by a person under paragraph (1) of this Article; and

(b)

to determine any question arising in the case of any person which is referred to it in pursuance of paragraph (3) of this Article, and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of the said Articles 16 to 27 (inclusive) to the protection of which the person concerned is entitled:

to decide any question arising in a person's case that is referred to it under paragraph (3) of this Article. The Court may make such orders, issue such writs (formal written court commands) and give such directions as it considers appropriate to enforce, or secure the enforcement of, any provision of Articles 16 to 27 (inclusive) whose protection the person concerned is entitled to:

Provided that the Supreme Court shall not exercise its power under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

However, the Supreme Court must not use its power under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

(3)

If, in any proceedings in any court established for The Bahamas other than the Supreme Court or the Court of Appeal, any question arises as to the contravention of any of the provisions of the said Articles 16 to 27 (inclusive), the court in which the question to the Supreme Court.

If, in proceedings in any court established for The Bahamas other than the Supreme Court or the Court of Appeal, a question arises about a breach of any provision of Articles 16 to 27 (inclusive), the court in which the question has arisen must refer the question to the Supreme Court.

(4)

No law shall make provision with respect to rights of appeal from any determination of the Supreme Court in pursuance of this Article that is less favorable to any party thereto than the rights of appeal from determinations of the Supreme Court that are accorded generally to parties to civil proceedings in that Court sitting as a court or original jurisdiction.

No law may give any party rights of appeal from a decision of the Supreme Court under this Article that are less favourable than the rights of appeal generally given to parties in civil proceedings in that Court sitting as a court of original jurisdiction.

(5)

Parliament may make laws to confer upon the Supreme Court such additional or supplementary powers as may appear to be necessary or desirable for enabling the Court more effectively to exercise the jurisdiction conferred upon it by paragraph (2) of this Article and may make provision with respect to the practice and procedure of the Court while exercising that jurisdiction.

Parliament may make laws giving the Supreme Court any additional or supplementary powers that appear necessary or desirable to let the Court exercise its jurisdiction under paragraph (2) of this Article more effectively, and may make provision about the Court's practice and procedure when exercising that jurisdiction.

Enforcement of fundamental rightsEnforcing your rights in court

29.

In briefDuring war or a declared public emergency, laws may limit certain rights if reasonably justifiable, emergency proclamations are time-limited, and Parliament must be summoned.

(1)

This Article applies to any period when-

This Article applies to any period when:

(a)

The Bahamas is at war; or

The Bahamas is at war; or

(b)

there is in force a proclamation (in this section referred to as a "proclamation of emergency") made by the Governor-General and published in the Gazette declaring that a state of public emergency exists for the purposes of this section.

a proclamation (an official public declaration) made by the Governor-General and published in the Gazette is in force declaring that a state of public emergency exists for the purposes of this Article. This Article calls such a proclamation a "proclamation of emergency".

(2)

Nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of Article 19, any provision of Article 20 other than paragraph (4) thereof, or any provision of Article 21 to 26 (inclusive) of this Constitution to the extent that the law in Question makes in relation to any period to which this Article applies provision, or authorizes the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation or existing during that period for the purpose of dealing with that situation.

A law, and anything done under it, is not treated as inconsistent with or in breach of Article 19, any provision of Article 20 other than paragraph (4), or any provision of Articles 21 to 26 (inclusive) of this Constitution, to the extent that the law makes provision for a period to which this Article applies, or authorises something to be done during such a period, that is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation.

(3)

Where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before both Houses of Parliament, and if for any cause those Houses are not due to meet within five days the Governor-General shall, by proclamation published in the Gazette, summon them to meet within five days and they shall accordingly meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if they had stood adjourned or prorogued to that day:

When a proclamation of emergency is made, copies of it must be laid before both Houses of Parliament as soon as practicable. If for any reason the Houses are not due to meet within five days, the Governor-General must, by a proclamation published in the Gazette, summon them to meet within five days. They must then meet and sit on the day appointed by that proclamation, and continue to sit and act as if they had been adjourned or prorogued (suspended) to that day:

Provided that if the proclamation of emergency is made during the period between a dissolution of Parliament and the next ensuing general election-

However, if the proclamation of emergency is made during the period between a dissolution of Parliament and the next general election:

(a)

the Houses to be summoned as aforesaid shall be the Houses referred to in Article 66 of this Constitution unless the Governor-General is satisfied that it will be practicable to hold that election within seven days of the making of the proclamation of emergency; and

the Houses to be summoned are the Houses referred to in Article 66 of this Constitution, unless the Governor-General is satisfied that it will be practicable to hold that election within seven days of the making of the proclamation of emergency; and

(b)

if the Governor-General is so satisfied, he shall (instead of summoning the House so referred to meet within five days of the making of the Parliament to meet as election.

if the Governor-General is so satisfied, the Governor-General must, instead of summoning those Houses to meet within five days of the making of the proclamation, summon the Houses of the new Parliament to meet as soon as practicable after the election is held.

(4)

A proclamation of emergency shall, unless it is sooner revoked by the Governor-General, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under paragraph (5) of this Article, but without prejudice to the making of another proclamation of emergency at or before the end of that period.

Unless the Governor-General revokes it sooner, a proclamation of emergency stops being in force at the end of fourteen days beginning on the date it was made, or at the end of any longer period provided for under paragraph (5) of this Article. This does not prevent another proclamation of emergency from being made at or before the end of that period.

(5)

If at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of this paragraph) a resolution is passed by each House of Parliament approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period.

If, at any time while a proclamation of emergency is in force (including while it is in force because of this paragraph), each House of Parliament passes a resolution approving its continuation for a further period of not more than six months beginning on the date it would otherwise expire, the proclamation continues in force for that further period unless it is revoked sooner.

Provisions for time of war or emergencyRules for war or public emergency

30.

In briefWritten laws in force before 10th July 1973, and later laws that re-enact or alter them without adding new inconsistency, are not treated as breaching Articles 16 to 27.

(1)

Subject to paragraph (3) of this Article, nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of Articles 16 to 27 (inclusive) of this Constitution to the extent that the law in question-

Subject to paragraph (3) of this Article, a written law, and anything done under it, is not treated as inconsistent with or in breach of any provision of Articles 16 to 27 (inclusive) of this Constitution to the extent that the law:

(a)

is a law (in this Article referred to as "an existing law") that was enacted or made before 10th July 1973 and has continued to be part (b) repeals and re-enacts an existing law without alteration; or

is a law (called "an existing law" in this Article) that was enacted or made before 10th July 1973 and has continued to be part of the law of The Bahamas at all times since that day; (b) repeals and re-enacts an existing law without alteration; or

(c)

alters an existing law and does not thereby render that law inconsistent with any provision of the said Articles 16 to 27 (inclusive) in a manner in which, or to an extent to which, it was not previously so inconsistent.

alters an existing law without making that law inconsistent with any provision of Articles 16 to 27 (inclusive) in a way, or to an extent, that it was not already inconsistent.

(2)

In sub-paragraph (1)(c) of this Article the reference to altering an existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in paragraph 81) of this Article "written law" includes any instrument having the force of law and in this paragraph and the said paragraph (1) references to the repeal and re-enactment of an existing law shall be construed accordingly.

In sub-paragraph (1)(c) of this Article, altering an existing law includes repealing it and re-enacting it with changes, making different provision in its place, and modifying it. In paragraph (1) of this Article, "written law" includes any instrument that has the force of law, and references in this paragraph and in paragraph (1) to repealing and re-enacting an existing law are to be read accordingly.

(3)

This Article does not apply to any regulation or other instrument having legislative effect made, or to any executive act done, after 9th July 1973 under the authority of any such law as is mentioned in paragraph (1) of this Article.

This Article does not apply to any regulation or other instrument with legislative effect that is made, or to any executive act that is done, after 9th July 1973 under the authority of a law mentioned in paragraph (1) of this Article.

(4)

[No text: the scanned source lists a paragraph (4), but the published Article ends at paragraph (3).]

Saving of existing lawExisting laws are preserved

31.

In briefDefines the terms used in this Chapter, including "court", "disciplinary law", "disciplined force" and "legal representative", and extends some provisions to disciplinary offences.

(1)

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:

(a)

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

(b)

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)

a naval, military or air force;

a naval, military or air force;

(b)

the Police Service of The Bahamas; or

the Police Service of The Bahamas; or

(c)

the Prison Service of The Bahamas; or

the Prison Service of The Bahamas; or

(d)

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.

(2)

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.

(3)

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.

InterpretationMeaning of terms in this Chapter