The Judicature

Articles 93 to 106, in 3 parts

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

Part IThe Supreme Court

93.

In briefCreates the Supreme Court, says who its Justices are, protects their posts from being abolished and makes it a superior court of record.

(1)

There shall be a Supreme Court for The Bahamas which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law.

There must be a Supreme Court for The Bahamas. It has the jurisdiction (legal authority to hear cases) and the powers given to it by this Constitution or by any other law.

(2)

The Justices of the Supreme Court shall be the Chief Justice and such number of other Justices as may be prescribed by Parliament.

The Justices (judges) of the Supreme Court are the Chief Justice and as many other Justices as Parliament decides.

(3)

No office of Justice of the Supreme Court shall be abolished while there is a substantive holder thereof.

The office of a Justice of the Supreme Court cannot be abolished while someone holds it on a permanent (substantive) basis.

(4)

The Supreme Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

The Supreme Court is a superior court of record (a high-level court whose proceedings are formally recorded). Unless Parliament provides otherwise, it has all the powers of such a court.

Establishment of Supreme CourtThe Supreme Court is established

94.

In briefSets how the Chief Justice and the other Justices are appointed, and lets Parliament fix their qualifications without unseating sitting Justices.

(1)

The Chief Justice shall be appointed by the Governor-General by instrument under the Public Seal on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

The Governor-General appoints the Chief Justice by an instrument (a formal written document) under the Public Seal, on the recommendation of the Prime Minister after the Prime Minister has consulted the Leader of the Opposition.

(2)

The other Justices of the Supreme Court shall be appointed by the Governor-General by instrument under the Public Seal acting on the advice of the Judicial and Legal Service Commission.

The Governor-General appoints the other Justices of the Supreme Court by instrument under the Public Seal, acting on the advice of the Judicial and Legal Service Commission.

(3)

The qualifications for appointment as a Justice of the Supreme Court shall be such as may be prescribed by any law for the time being in force:

The qualifications a person needs to be appointed a Justice of the Supreme Court are those set by any law in force at the time:

Provided that a person who has been appointed as a Justice of the Supreme Court may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.

However, a person who has already been appointed a Justice of the Supreme Court may stay in office even if those qualifications are later changed.

Appointment of Justices of Supreme CourtAppointing Supreme Court Justices

95.

In briefAllows a qualified person to be appointed to act as Chief Justice or as a Justice when the post is vacant or its holder cannot work.

(1)

If the office of Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed those functions, they shall be performed by such other person, qualified under paragraph (3) of Article 94 of this Constitution for appointment as a Justice, as the Governor-General, acting in accordance with the advice of the Prime Minister may appoint for that purpose by instrument under the Public Seal.

If the office of Chief Justice is vacant, or the Chief Justice is for any reason unable to do the job, another person performs the Chief Justice's duties until someone has been appointed to that office and has taken up those duties. The Governor-General, acting on the advice of the Prime Minister, appoints that person for this purpose by instrument (a formal written document) under the Public Seal. The person must be qualified under Article 94(3) of this Constitution for appointment as a Justice.

(2)

If the office of a Justice of the Supreme Court is vacant, or if any such Justice is anointed to act as Chief Justice or as a Justice of Appeal, or is for any reason unable to perform the functions of this office, the Governor-General, acting on the advice of the Judicial and Legal Service Commission, may by instrument under the Public Seal appoint a person qualified under paragraph (3) of Article 94 of this Constitution for appointment as a Justice to act as a Justice of the Supreme Court, and any person so appointed shall, subject to the provisions of paragraph (5) of Article 96 of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor-General acting on the advice of the Judicial and Legal Service Commission.

If the office of a Justice of the Supreme Court is vacant, or a Justice is appointed to act as Chief Justice or as a Justice of Appeal, or a Justice is for any reason unable to do the job, the Governor-General may appoint a person to act as a Justice of the Supreme Court. The Governor-General does this by instrument under the Public Seal, acting on the advice of the Judicial and Legal Service Commission, and the person must be qualified under Article 94(3) of this Constitution for appointment as a Justice. Subject to Article 96(5) of this Constitution, a person appointed this way continues to act for the period of the appointment or, if no period is set, until the Governor-General, acting on the advice of the Judicial and Legal Service Commission, revokes (cancels) the appointment.

(3)

Any person appointed to act as a Justice under the provisions of this Article may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a Justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting.

A person appointed to act as a Justice under this Article may still sit as a Justice to deliver judgment or do anything else connected with proceedings that began before them while they were acting, even though the period of their appointment has ended or the appointment has been revoked.

Acting JusticesActing Justices of the Supreme Court

96.

In briefSets the retirement age for Supreme Court Justices and the only grounds and procedure for removing or suspending them.

(1)

Subject to the provisions of paragraphs (4) to (7) (inclusive) of this Article, a Justice of the Supreme Court shall hold office until he attains the age of sixty-five years:

Subject to paragraphs (4) to (7) of this Article, a Justice of the Supreme Court holds office until they reach the age of sixty-five:

Provided that the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may permit a Justice who attains the age of sixty-five years to continue in office until he has attained such later age, not exceeding sixty-seven years, as may (before the Justice has attained the age of sixty-five years) have been agreed between them.

However, the Governor-General, acting on the recommendation of the Prime Minister after the Prime Minister has consulted the Leader of the Opposition, may allow a Justice who reaches sixty-five to stay in office until a later age, not beyond sixty-seven, if that later age was agreed between them before the Justice reached sixty-five.

(2)

Notwithstanding that he has attained the age at which he is required by or under the provisions of this Article to vacate his office, a person holding the office of Justice of the Supreme Court may, with the permission of the Governor- General, acting in accordance with the advice of the Prime Minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

A person holding the office of Justice of the Supreme Court who has reached the age at which this Article requires them to leave office may, with the permission of the Governor-General acting on the advice of the Prime Minister, stay in office for as long as is needed to deliver judgment or do anything else connected with proceedings that began before them before they reached that age.

(3)

Nothing done by a Justice of the Supreme Court shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.

Nothing a Justice of the Supreme Court does is invalid only because the Justice has reached the age at which this Article requires them to leave office.

(4)

A justice of the Supreme Court may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or nay other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (5) of this Article.

A Justice of the Supreme Court can be removed from office only for inability to do the job (whether because of physical or mental infirmity or any other cause) or for misbehaviour, and only by following the procedure in paragraph (5) of this Article.

(5)

A Justice of the Supreme Court shall be removed from office by the Governor-General by instrument under the Public Seal if the question of the removal of that Justice from office has, at the request of the Governor-General, made in pursuance of paragraph (6) of this Article, been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council and the Judicial Committee has advised her Majesty that the Justice ought to be removed from office for inability as aforesaid or for misbehavior.

The Governor-General must remove a Justice of the Supreme Court from office, by instrument (a formal written document) under the Public Seal, if the question of removing that Justice has been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council at the request of the Governor-General made under paragraph (6) of this Article, and the Judicial Committee has advised Her Majesty that the Justice ought to be removed from office for inability as described above or for misbehaviour.

(6)

If the Prime Minister (in the case of the Chief Justice) or the Chief Justice after consultation with the Prime Minister (in the case of any other Justice) represents to the Governor-General that the question of removing a Justice of the Supreme Court from office for inability as aforesaid of for misbehavior ought to be investigated, then-

If the Prime Minister (for the Chief Justice), or the Chief Justice after consulting the Prime Minister (for any other Justice), tells the Governor-General that the question of removing a Justice of the Supreme Court from office for inability as described above or for misbehaviour ought to be investigated, then:

(a)

the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General acting in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice (in the case of any other Justice) from among persons who hold or have held high judicial office;

the Governor-General must appoint a tribunal made up of a Chairman and at least two other members, chosen by the Governor-General acting on the advice of the Prime Minister (for the Chief Justice) or of the Chief Justice (for any other Justice) from among people who hold or have held high judicial office;

(b)

that tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor- General whether he should r equest that the question of the removal of that Justice should be referred by Her Majesty to the Judicial Committee; and

the tribunal must look into the matter, report the facts to the Governor-General and recommend whether the Governor-General should request that the question of removing that Justice be referred by Her Majesty to the Judicial Committee; and

(c)

if the tribunal so recommends, the Governor-General shall request that the question should be referred accordingly.

if the tribunal recommends it, the Governor-General must request that the question be referred.

(7)

The provisions of the Commissions of Inquiry Act (a) as in force immediately before the appointed day shall, subject to the provisions of this Article, apply as nearly as may be in relation to tribunals appointed under paragraph (6) of this Article or, as the context may require, to the members thereof as they apply in relation to the Commissions or Commissioners appointed under that Act, and for that purpose shall have effect as if they formed part of this Constitution.

The Commissions of Inquiry Act, as in force immediately before the appointed day (the day this Constitution came into force), applies as closely as possible, subject to this Article, to tribunals appointed under paragraph (6) of this Article and, where the context requires, to their members, in the same way as it applies to Commissions and Commissioners appointed under that Act. For this purpose its provisions have effect as if they were part of this Constitution.

(8)

If the question of removing a Justice of the Supreme Court from office has been referred to a tribunal appointed under paragraph (6) of this Article, the Governor-General, acting in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice after the Chief Justice has consulted with the Prime Minister (in the case of any other Justice), may suspend the Justice from performing the function of his office.

If the question of removing a Justice of the Supreme Court from office has been referred to a tribunal appointed under paragraph (6) of this Article, the Governor-General may suspend the Justice from performing the duties of the office. The Governor-General does this acting on the advice of the Prime Minister (for the Chief Justice) or of the Chief Justice after the Chief Justice has consulted the Prime Minister (for any other Justice).

(9)

Any such suspension may at any time be revoked by the Governor- General, acting in accordance with the advice of the Prime Minister or the Chief Justice (as the case may be), and shall in any case cease to have effect-

The Governor-General, acting on the advice of the Prime Minister or the Chief Justice (as the case may be), may lift the suspension at any time. In any case the suspension ends if:

(a)

if the tribunal recommends to the Governor-General that he should not request that the question of the removal of the Justice from office should be referred by Her Majesty to the Judicial Committee; or

the tribunal recommends to the Governor-General that the Governor-General should not request that the question of removing the Justice from office be referred by Her Majesty to the Judicial Committee; or

(b)

the Judicial Committee advises Her Majesty that the Justice ought not to be removed from office.

(10)

The Provisions of this Article shall be without prejudice to the provisions of paragraph (2) of Article 95 of this Constitution.

This Article does not affect Article 95(2) of this Constitution.

Tenure of office of Justices of Supreme CourtHow long Supreme Court Justices serve

97.

In briefA Justice of the Supreme Court cannot start work until they have taken the oath of allegiance and a judicial oath.

A Justice of the Supreme Court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and a judicial oath in such form as is prescribed by any law in force in The Bahamas.

A Justice of the Supreme Court cannot begin the duties of the office until they have taken and signed the oath of allegiance and a judicial oath in the form set by any law in force in The Bahamas.

Oaths to be taken by Justices of Supreme CourtOaths taken by Supreme Court Justices

Part IICourt of Appeal

98.

In briefCreates the Court of Appeal, says who its Justices are, protects their posts from being abolished and makes it a superior court of record.

(1)

There shall be a Court of Appeal for The Bahamas which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law.

There must be a Court of Appeal for The Bahamas. It has the jurisdiction (legal authority to hear cases) and the powers given to it by this Constitution or by any other law.

(2)

The Justices of Appeal of the Court of Appeal shall be-

The Justices of Appeal of the Court of Appeal are:

(a)

a President;

(b)

the Chief Justice by virtue of his office as head of the Judiciary but who, however, shall not sit in the Court of Appeal, unless he has been invited so to sit by the President of the Court; and

the Chief Justice, because of their office as head of the Judiciary, who however cannot sit in the Court of Appeal unless the President of the Court has invited them to do so; and

(c)

such number of other Justices of Appeal as may be prescribed by Parliament.

as many other Justices of Appeal as Parliament decides.

(3)

No office of Justice of Appeal shall be abolished while there is a substantive holder thereof.

The office of a Justice of Appeal cannot be abolished while someone holds it on a permanent (substantive) basis.

(4)

The Court of Appeal shall be a superior court of record and, save as otherwise provided by Parliament, shall save all the powers of such a court.

The Court of Appeal is a superior court of record (a high-level court whose proceedings are formally recorded). Unless Parliament provides otherwise, it has all the powers of such a court.

Establishment of Court of AppealThe Court of Appeal is established

99.

In briefSets how the President and the other Justices of Appeal are appointed, and protects sitting Justices from later changes to the qualifications.

(1)

The President of the Court of Appeal and other Justices of Appeal shall be appointed by the Governor-General by instrument under the Public Seal on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

The Governor-General appoints the President of the Court of Appeal and the other Justices of Appeal by instrument (a formal written document) under the Public Seal, on the recommendation of the Prime Minister after the Prime Minister has consulted the Leader of the Opposition.

(2)

The qualifications for appointment as a Justice of Appeal may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.

The qualifications a person needs to be appointed a Justice of Appeal are those set by any law in force at the time. However, a person who has already been appointed a Justice of Appeal may stay in office even if those qualifications are later changed.

Justices of the Court of AppealAppointing Justices of Appeal

100.

In briefLets Parliament arrange for a court of appeal shared with other Commonwealth countries, or another Commonwealth court, to hear appeals from Bahamian courts.

(1)

Notwithstanding anything contained in this Part of this Chapter, Parliament may make provisions-

Despite anything else in this Part of this Chapter, Parliament may make provision:

(a)

for implementing arrangements made between the Government of The Bahamas and the Government or Governments of any other part or parts of the Commonwealth relating to the establishment of a court of appeal to be shared by The Bahamas with that part or those parts of the Commonwealth, and for the hearing and determination by such a court of appeal of appeals from decisions of any court in The Bahamas; or

to put into effect arrangements made between the Government of The Bahamas and the Government or Governments of any other part or parts of the Commonwealth to set up a court of appeal shared by The Bahamas with that part or those parts of the Commonwealth, and for that shared court of appeal to hear and decide appeals from decisions of any court in The Bahamas; or

(b)

for the hearing and determination of appeals from decisions of any court in The Bahamas by a court established for any other part of the Commonwealth.

for appeals from decisions of any court in The Bahamas to be heard and decided by a court set up for any other part of the Commonwealth.

(2)

A law enacted in pursuance of paragraph 81) of this Article may provide that the jurisdiction conferred on any such court as is referred to in that paragraph shall be to the exclusion, in whole or in part, of the jurisdiction of the Court of Appeal established by this Part of this Chapter; and during any period when jurisdiction is so conferred to the exclusion of the whole jurisdiction of the said Court of Appeal, Parliament may suspend the provisions of this Part establishing that Court.

A law made under paragraph (1) of this Article may provide that the jurisdiction (legal authority) given to such a court replaces, wholly or partly, the jurisdiction of the Court of Appeal set up by this Part of this Chapter. During any period when the whole of that Court of Appeal's jurisdiction is replaced in this way, Parliament may suspend the provisions of this Part that set up that Court.

(3)

In paragraph (1) of this Article the expression "any court in the Bahamas" includes the Court of Appeal established by this Part of this Chapter.

In paragraph (1) of this Article, "any court in The Bahamas" includes the Court of Appeal set up by this Part of this Chapter.

Other arrangements for appealsOther arrangements for appeals

101.

In briefAllows a qualified person to be appointed to act as President of the Court of Appeal or as a Justice of Appeal when needed.

(1)

If the office of President of the Court of Appeal is vacant or if the President of the Court of Appeal is for any reason unable to perform the functions of this office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the President of the Court of Appeal has resumed those functions, they shall be performed by such other person, qualified under paragraph (2) of Article 99 of this Constitution for appointment as a Justice of Appeal, as the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint for that purpose by instrument under the Public Seal.

If the office of President of the Court of Appeal is vacant, or the President is for any reason unable to do the job, another person performs the President's duties until someone has been appointed to that office and has taken up its duties or, as the case may be, until the President has resumed those duties. The Governor-General, acting on the advice of the Prime Minister, appoints that person for this purpose by instrument (a formal written document) under the Public Seal. The person must be qualified under Article 99(2) of this Constitution for appointment as a Justice of Appeal.

(2)

If the office of a Justice of Appeal (other than the President) is vacant, or if any such Justice is appointed to act as President of the Court of Appeal, or is for any reason unable to perform the functions of his office, the Governor- General, acting on the advice of the Judicial and Legal Service Commission, may by instrument under the Public Seal appoint a person qualified under paragraph (2) of Article 99 of this Constitution for appointed shall, period is specified, until his appointment is revoked by the Governor-General acting on the advice of the Judicial and Legal Service Commission.

If the office of a Justice of Appeal (other than the President) is vacant, or a Justice of Appeal is appointed to act as President of the Court of Appeal, or a Justice of Appeal is for any reason unable to do the job, the Governor-General may appoint a person qualified under Article 99(2) of this Constitution for appointment as a Justice of Appeal to act as a Justice of Appeal. The Governor-General does this by instrument under the Public Seal, acting on the advice of the Judicial and Legal Service Commission. Subject to Article 102(5) of this Constitution, a person appointed this way continues to act for the period of the appointment or, if no period is set, until the Governor-General, acting on the advice of the Judicial and Legal Service Commission, revokes (cancels) the appointment.

(3)

Any person appointed to act as a Justice of Appeal under the provisions of this Article may notwithstanding that the period of this appointment has expired or his appointment has been revoked, sit as a Justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting.

A person appointed to act as a Justice of Appeal under this Article may still sit as a Justice to deliver judgment or do anything else connected with proceedings that began before them while they were acting, even though the period of their appointment has ended or the appointment has been revoked.

Acting Justices of Court of AppealActing Justices of Appeal

102.

In briefSets the retirement age for Justices of Appeal and the only grounds and procedure for removing or suspending them; it does not apply to the Chief Justice.

(1)

Subject to the provisions of paragraph (4) to (7) (inclusive) of his Article, a Justice of Appeal shall hold office until he attains the age of sixty-eight years:

Subject to paragraphs (4) to (7) of this Article, a Justice of Appeal holds office until they reach the age of sixty-eight:

Provided that the Governor-General, acting on the recommendations of the Prime Minister after consultation with the Leader of the Opposition, may permit a Justice of Appeal who attains the age of sixty-eight years to continue in office until he has attained such later age, not exceeding seventy years, as may (before the Justice of Appeal has attained the age of sixty-eight years) have been agreed between them.

However, the Governor-General, acting on the recommendation of the Prime Minister after the Prime Minister has consulted the Leader of the Opposition, may allow a Justice of Appeal who reaches sixty-eight to stay in office until a later age, not beyond seventy, if that later age was agreed between them before the Justice of Appeal reached sixty-eight.

(2)

Notwithstanding that he has attained the age at which he is required by or under the provisions of this Article to vacate his office, a person holding the office of Justice of Appeal may, with the permission of the Governor-General, acting in accordance with the advice of the Prime Minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

A person holding the office of Justice of Appeal who has reached the age at which this Article requires them to leave office may, with the permission of the Governor-General acting on the advice of the Prime Minister, stay in office for as long as is needed to deliver judgment or do anything else connected with proceedings that began before them before they reached that age.

(3)

Nothing done by a Justice of Appeal shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.

Nothing a Justice of Appeal does is invalid only because the Justice has reached the age at which this Article requires them to leave office.

(4)

A Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (5) of this Article.

A Justice of Appeal can be removed from office only for inability to do the job (whether because of physical or mental infirmity or any other cause) or for misbehaviour, and only by following the procedure in paragraph (5) of this Article.

(5)

A Justice of Appeal shall be removed from office by the Governor- General by instrument under the Public Seal if the question of the removal of that Justice of Appeal from office has, at the request of the Governor-General made in pursuance of paragraph (6) of this Article, been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council and the Judicial Committee has advised Her Majesty that the Justice of Appeal ought to be removed from office for inability as aforesaid or for misbehavior.

The Governor-General must remove a Justice of Appeal from office, by instrument (a formal written document) under the Public Seal, if the question of removing that Justice of Appeal has been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council at the request of the Governor-General made under paragraph (6) of this Article, and the Judicial Committee has advised Her Majesty that the Justice of Appeal ought to be removed from office for inability as described above or for misbehaviour.

(6)

If the Prime Minister (in the case of the President of the Court of Appeal) or the president of the Court of Appeal or the Chief Justice after consultation with the Prime Minister (in the case of any other Justice of Appeal) represented to the Governor-General that the question of removing a Justice of Appeal from office for inability as aforesaid or for misbehavior ought to be investigated, then-

If the Prime Minister (for the President of the Court of Appeal), or the President of the Court of Appeal or the Chief Justice after consulting the Prime Minister (for any other Justice of Appeal), tells the Governor-General that the question of removing a Justice of Appeal from office for inability as described above or for misbehaviour ought to be investigated, then:

(a)

the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General acting in accordance with the advice of the Prime Minister (in the case of the President of the Court of Appeal) of the President of the Court of Appeal (In the case of any other Justice of Appeal) from among persons who hold or have held high judicial office;

the Governor-General must appoint a tribunal made up of a Chairman and at least two other members, chosen by the Governor-General acting on the advice of the Prime Minister (for the President of the Court of Appeal) or of the President of the Court of Appeal (for any other Justice of Appeal) from among people who hold or have held high judicial office;

(b)

that tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether he should request that the question of the removal of that Justice of Appeal should be referred by Her Majesty to the Judicial Committee; and

the tribunal must look into the matter, report the facts to the Governor-General and recommend whether the Governor-General should request that the question of removing that Justice of Appeal be referred by Her Majesty to the Judicial Committee; and

(c)

if the tribunal so recommends, the Governor-General shall request that the question should be referred accordingly.

if the tribunal recommends it, the Governor-General must request that the question be referred.

(7)

The provisions of the Commission of Inquiry Act (a) as in force immediately before the appointed day shall, subject to the provisions of this Article, apply as nearly as may be in relation to tribunals appointed under paragraph (6) of his Article or, as the context may inquire, to the members thereof as they apply in relation to Commission or Commissioners appointed under that Act, and for that purpose shall have effect as if they formed part of this Constitution.

(8)

If the question of removing a Justice of Appeal from office has been referred to a tribunal appointed under paragraph (69 of this Article, the Governor- General acting in accordance with the advice of the Prime Minister (in the case of the President of the Court of Appeal) or of the President of the Court of Appeal after the President of the Court of Appeal has consulted with the Prime Minister (in the case of any other Justice of Appeal), may suspend the Justice of Appeal from performing the functions of his office.

If the question of removing a Justice of Appeal from office has been referred to a tribunal appointed under paragraph (6) of this Article, the Governor-General may suspend the Justice of Appeal from performing the duties of the office. The Governor-General does this acting on the advice of the Prime Minister (for the President of the Court of Appeal) or of the President of the Court of Appeal after the President has consulted the Prime Minister (for any other Justice of Appeal).

(9)

Any such suspension may at any time be revoked by the Governor- General, acting in accordance with the advice of the Prime Minster or the President of the Court of Appeal (as the case may be), and shall in any case cease to have effect if-

The Governor-General, acting on the advice of the Prime Minister or the President of the Court of Appeal (as the case may be), may lift the suspension at any time. In any case the suspension ends if:

(a)

the tribunal recommends to the Governor-General that he should not request that the question of the removal of the Justice of Appeal from office should be referred by Her Majesty to the Judicial Committee; or

the tribunal recommends to the Governor-General that the Governor-General should not request that the question of removing the Justice of Appeal from office be referred by Her Majesty to the Judicial Committee; or

(b)

the Judicial Committee advises her Majesty that the Justice of Appeal ought no to be removed from office.

the Judicial Committee advises Her Majesty that the Justice of Appeal ought not to be removed from office.

(10)

The provisions of this Article shall be without prejudice to the provisions of paragraph (2) of Article 101 of this Constitution.

This Article does not affect Article 101(2) of this Constitution.

(11)

The provisions of this Article and of Article 103 of this Constitution shall not apply to the Chief Justice.

This Article and Article 103 of this Constitution do not apply to the Chief Justice.

Tenure of office of Justices of AppealHow long Justices of Appeal serve

103.

In briefA Justice of Appeal cannot start work until they have taken the oath of allegiance and a judicial oath.

A Justice of Appeal shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and a judicial oath in such form as is prescribed by any law in force in The Bahamas.

A Justice of Appeal cannot begin the duties of the office until they have taken and signed the oath of allegiance and a judicial oath in the form set by any law in force in The Bahamas.

Oaths to be taken by Justices of AppealOaths taken by Justices of Appeal

Part IIIAppeals relating to fundamental rights and freedoms

104.

In briefGuarantees an appeal as of right from Supreme Court decisions under Article 28, and a further appeal to the Privy Council.

(1)

An appeal to the Court of appeal shall lie as of right from final decisions of the Supreme Court given in exercise of the jurisdiction conferred on the Supreme Court by Article 28 of this Constitution (which relates to the enforcement of fundamental rights and freedoms).

There is an appeal as of right (without needing permission) to the Court of Appeal from final decisions of the Supreme Court made under the jurisdiction (legal authority) given to the Supreme Court by Article 28 of this Constitution (which deals with enforcing fundamental rights and freedoms).

(2)

An appeal shall lie as of right to the Judicial Committee of Her Majesty's Privy Council or to such other court as may be prescribed by Parliament under Article 105(3) of this Constitution form any decisions given by the Court of Appeal in any such case.

In any such case there is an appeal as of right from any decision of the Court of Appeal to the Judicial Committee of Her Majesty's Privy Council, or to any other court that Parliament names under Article 105(3) of this Constitution.

Appeals to Court of Appeal and Her Majesty in CouncilAppeals in fundamental rights cases

105.

In briefLets Parliament provide for other appeals to the Privy Council or a replacement court, and preserves Her Majesty's power to grant special leave to appeal.

(1)

Parliament may provide for an appeal to lie from decisions of the Court of Appeal established by Part 2 of this Chapter to the Judicial Committee of Her Majesty's Privy Council or to such other court as may be prescribed by Parliament under this Article, either as of right or with the leave of the said Court of Appeal, in such cases other than those referred to in Article 104(2) of this Constitution as may be prescribed by Parliament.

Parliament may provide for an appeal from decisions of the Court of Appeal set up by Part 2 of this Chapter to the Judicial Committee of Her Majesty's Privy Council, or to any other court that Parliament names under this Article. Parliament may allow the appeal as of right or with the leave (permission) of the Court of Appeal, in the cases Parliament specifies other than those covered by Article 104(2) of this Constitution.

(2)

Nothing in this Constitution shall affect any right of Her Majesty to grant special leave to appeal from decisions such as are referred to in paragraph (1) of this Article.

Nothing in this Constitution affects any right of Her Majesty to grant special leave (permission) to appeal from the decisions referred to in paragraph (1) of this Article.

(3)

Parliament may by law provide for the functions required in this Chapter to be exercised by the Judicial Committee of Her Majesty's Privy Council to be exercised by any other court established for the purpose in substitution for the Judicial Committee.

Parliament may by law provide that the functions this Chapter gives to the Judicial Committee of Her Majesty's Privy Council are carried out instead by any other court set up for that purpose in place of the Judicial Committee.

Appeals to Her Majesty in Council in other casesAppeals to the Privy Council in other cases

106.

In briefReferences in this Part to the Court of Appeal include a shared court of appeal when it is dealing with The Bahamas.

References in this Part to "the Court of Appeal" include references to a shared court of appeal established under Article 100(1) of this Constitution when exercising jurisdiction in respect of The Bahamas.

In this Part, references to "the Court of Appeal" include a shared court of appeal set up under Article 100(1) of this Constitution when it is exercising jurisdiction (legal authority) over matters concerning The Bahamas.