Provisions to secure protection of law |
Provisions to secure protection of lawConstitution of Bahamas
Provisions to secure protection of law.
20.- (1) If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence-
a) shall be presumed to be innocent until he is proved or has pleaded 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 ;
c) shall be given adequate time and facilities for the preparation of his 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 ;
e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, ad to obtain the attendance and carry out the examination of witnesses to testify on hi behalf before the court on the same condition as those applying 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 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.
(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.
(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.
(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.
(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled 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.
(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,
(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-
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 ;
b) may be empowered or required by law to do so in te interests of defence, public safety of 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.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention 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 ;
b) sub-paragraph (2)(e) of this Article to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of 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 ny 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.
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Constitution of Bahamas
Chapter I - The Constitution1. The State 2. The Constitution is supreme law
Chapter II - Citizenship3. Persons who become citizens on 10th July 1973 4. Persons who become citizens on 9th July 1974 5. Persons entitled to be registered as citizens 6. Persons born in The Bahamas after 9th July 1973 7. Persons born The Bahamas after 9th July 1973 of non-citizen parents 8. Persons born outside The Bahamas after 9th July 1973 9. Further provisions for persons born outside The Bahamas after 9th July 1973 10. Marriage to citizens of The Bahamas 11. Deprivation of citizenship 12. Renunciation of citizenship 14. Interpretation
Chapter III - Protection Of Fundamental Rights And Freedoms Of The Individual15. Fundamental rights and freedoms of the individual 16. Protection of right to life 17. Protection from inhuman treatment 18. Protection from slavery and forced labour 19. Protection from arbitrary arrest or detention 20. Provisions to secure protection of law 21. Protection for privacy of home and other property 22. Protection of freedom of conscience 23. Protection of freedom of expression 24. Protection of freedom of assembly and association 25. Protection of freedom of movement 26. Protection from discrimination on the grounds of race, etc. 27. Protection from deprivation of property 28. Enforcement of fundamental rights 29. Provisions for time of war or emergency 31. Interpretation
Chapter IV - The Governor-general32. Establishment of office of Governor-General 34. Deputy to Governor-General 35. Personal staff of Governor-General 36. Public Seal 37. Oaths to be taken by Governor-General
Chapter V - ParliamentPart 1 - Composition of Parliament38. Establishment of Parliament
Part 2 - The Senate40. Purpose of appointment of certain Senator 41. Qualifications for appointment as Senator 42. Disqualifications for appointments as Senator 43. Tenure of office of Senators 44. President and Vice-President 45. Determination of questions as to membership
Part 3 - House of Assembly46. Composition of House of Assembly 47. Qualifications for membership of House of Assembly 48. Disqualifications for election as members of House of Assembly 49. Tenure of office of Members of House of Assembly 50. Speaker and Deputy Speaker 51. Determination of questions as to membership
Part 4 - Powers and Procedure of Parliament52. Powers and Procedure of Parliament 54. Alteration of this Constitution 55. Regulation of procedure in Parliament 56. Presiding in the Senate and House of Assembly 57. Quorum 58. Voting 59. Introduction of Bills, etc 60. Restriction on powers of Senate as to Money Bills 61. Restriction on powers of Senate as to Bills other than Money Bills 62. Provisions relating to Articles 59, 60 and 61 63. Assent to Bills Part 5 - Summoning Prorogation and Dissolution66. Prorogation and dissolution of Parliament 67. General election, bye-elections and appointment of Senators
Part 6 - Delimitation of Constituencies68. Constituencies 70. Procedure for review of constituencies
Chapter VI - The Executive72. The Cabinet 74. Tenure of office of Ministers 75. Performance of functions of Prime Minister during absence, illness or suspension 77. Allocation of portfolios to Ministers 78. Functions of Attorney-General 79. Exercise of Governor-General's powers 80. Governor-General to be informed concerning matters of Government 83. Certain vacancies in office of Leader of the Opposition 84. Oaths to be taken by Ministers, etc 85. Leave of absence for Ministers, etc 86. Summoning of and presiding in Cabinet 87. Quorum 89. Constitution of offices, etc 91. Advisory Committee on Prerogative of Mercy 92. Functions of Advisory Committee
Chapter VII - The JudicaturePart 1 - The Supreme Court93. Establishment of Supreme Court 94. Appointment of Justices of Supreme Court 95. Acting Justices 96. Tenure of office of Justice of Supreme Court 97. Oaths to be taken by Justices of Supreme Court
Part 2 - Court of Appeal98. Establishment of Court of Appeal 99. Justices of the Court of Appeal 100. Other arrangements for appeals 101. Acting Justices of Court of Appeal 102. Tenure of office of Justices of Appeal 103. Oaths to be taken by Justices of Appeal
Part 3 - Appeals to Court of Appeal and Her Majesty in Council104. Appeals relating to fundamental rights and freedoms 105. Appeals to Her Majesty in Council in other cases 106. Interpretation of "Court of Appeal
Chapter VIII - The Public ServicePart 1 - The Public Service Commission107. Establishment and composition of Public Officers
Part 2 - Appointments etc. of Public Officers108. Appointments, etc. of public officers 109. Appointments of Permanent Secretaries and certain other public officers 110. Delegation of Governor-General's powers 111. Appointments, etc. of principal representatives of The Bahamas abroad 112. Appointments on transfer in respect of certain offices 113. Appointment of Secretary to the Cabinet
Part 3 - The Public Service Board of Appeal114. Public Service Board of Appeal 115. Appeals in discipline cases
Part 4 - The Judicial and Legal Service Commission116. Establishment and composition of the Judicial and Legal Service Commission 117. Appointments, etc. of judicial and legal officers
Part 5 - The Police Service Commission118. Establishment and composition of the Police Service Commission 119. Appointment of Commissioner of Police and other officers of the Police Force 120. Removal of the Commissioner and Deputy Commissioner of Police 121. Removal and discipline of members of the Force
Part 6 - Pensions122. Protection of pension rights 123. Grant and withholding of pensions, etc 124. Appeals in respect of certain decisions affecting pensions benefits
Part 7 - Miscellaneous126. Removal from office of certain persons 127. Public Service
Chapter IX - Finance128. Consolidated Fund 129. Estimates 130. Authority for public expenditure 131. Withdrawal of money from the Consolidated Fund 132. Withdrawal of money in advance of Appropriation Act 133. Contingencies Fund 134. Public Debt 135. Remuneration of Governor-General and certain other officers 136. Establishment of office and functions of Auditor-General
Chapter X - Interpretation137. Interpretation |