Protection from arbitrary arrest or detention

Constitution of Bahamas

Protection from arbitrary arrest or detention.

19.- (1) No person shall be deprived of his personal liberty save as may be authorized by law in any 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 ;

b) in execution of the order of a court made in order to secure the fulfillment of any obligation imposed upon him by law;

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

d) upon reasonable suspicion of his having committed, or of being 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 ;

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 ;

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.

(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.

(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.

(4) Any person who is unlawfully arrested or detained by any other persons hall be entitled to compensation therefor 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-

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 ;

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 ;

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 ;

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 :

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.

(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.

(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 a Minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter no more than 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 85) 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.

Protection from arbitrary arrest or detention

Protection from arbitrary arrest or detention

Protection from arbitrary arrest or detention

Chapter I - The Constitution

Chapter II - Citizenship

Chapter III - Protection Of Fundamental Rights And Freedoms Of The Individual

Chapter IV - The Governor-general

Chapter V - Parliament

Part 1 - Composition of Parliament

Part 2 - The Senate

Part 3 - House of Assembly

Part 4 - Powers and Procedure of Parliament

Part 5 - Summoning Prorogation and Dissolution

Part 6 - Delimitation of Constituencies

Chapter VI - The Executive

Chapter VII - The Judicature

Part 1 - The Supreme Court

Part 2 - Court of Appeal

Part 3 - Appeals to Court of Appeal and Her Majesty in Council

Chapter VIII - The Public Service

Part 1 - The Public Service Commission

Part 2 - Appointments etc. of Public Officers

Part 3 - The Public Service Board of Appeal

Part 4 - The Judicial and Legal Service Commission

Part 5 - The Police Service Commission

Part 6 - Pensions

Part 7 - Miscellaneous

Chapter IX - Finance

Chapter X - Interpretation