Law of the Bahamas
Encyclopedia
English common law forms the basis of the Bahamas’ judicial system.
The highest court is the Court of Appeal, consisting of three judges. The Supreme Court
is composed of a chief justice, two senior justices, and six justices. The governor-general makes High Court appointments. Ultimate appeals go to the Judicial Committee of the Privy Council
(based in the United Kingdom
). In 2003 the Bahamas was not among the eight Caribbean nations that ratified a treaty to establish the Caribbean Court of Justice
to handle some cases formerly heard by the Privy Council. Lower courts include three magistrates’ courts on New Providence
and one on Freeport
. For other islands, commissioners decide minor criminal and civil cases.
Long pretrial detentions are not uncommon in cases involving narcotics. In 1993, new magistrate’s courts were established in order to work toward a reduction of backlogs requiring long pretrial detentions. A new Supreme Court was established in Freeport in addition to the Supreme Court in Nassau
.
The lowest level courts are magistrate’s courts, which handle crimes with a maximum sentence of five years. The Supreme Court handles most major cases as the trial court. Jury trial is only available for the Supreme Court cases. Criminal defendants have the right to an attorney, but government
appointed counsel is provided only in capital cases. There is also a right to be brought before a magistrate within 48 hours, a right to bail, a presumption of innocence, and a right to appeal.
and other cruel punishment. However, in 1991, corporal punishment
was reinstated after having been abolished for seven years. Capital punishment is still used despite protests from the United Kingdom, which has requested its former colonies to eliminate the death penalty.
The highest court is the Court of Appeal, consisting of three judges. The Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
is composed of a chief justice, two senior justices, and six justices. The governor-general makes High Court appointments. Ultimate appeals go to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
(based in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
). In 2003 the Bahamas was not among the eight Caribbean nations that ratified a treaty to establish the Caribbean Court of Justice
Caribbean Court of Justice
The Caribbean Court of Justice is the judicial institution of the Caribbean Community . Established in 2001, it is based in Port of Spain, Trinidad and Tobago....
to handle some cases formerly heard by the Privy Council. Lower courts include three magistrates’ courts on New Providence
New Providence
New Providence is the most populous island in the Bahamas, containing more than 70% of the total population. It also houses the national capital city, Nassau.The island was originally under Spanish control following Christopher Columbus' discovery of the New World, but the Spanish government showed...
and one on Freeport
Freeport, Bahamas
Freeport is a city, district and free trade zone located on the island of Grand Bahama of the North-west Bahamas. In 1955, Wallace Groves, a Virginian financier with lumber interests in Grand Bahama, was granted 50,000 acres Freeport is a city, district and free trade zone located on the island of...
. For other islands, commissioners decide minor criminal and civil cases.
Judiciary system
The judiciary is independent. The executive branch with the advice of the Judicial and Legal Services Commission appoints judges.Long pretrial detentions are not uncommon in cases involving narcotics. In 1993, new magistrate’s courts were established in order to work toward a reduction of backlogs requiring long pretrial detentions. A new Supreme Court was established in Freeport in addition to the Supreme Court in Nassau
Nassau, Bahamas
Nassau is the capital, largest city, and commercial centre of the Commonwealth of the Bahamas. The city has a population of 248,948 , 70 percent of the entire population of The Bahamas...
.
The lowest level courts are magistrate’s courts, which handle crimes with a maximum sentence of five years. The Supreme Court handles most major cases as the trial court. Jury trial is only available for the Supreme Court cases. Criminal defendants have the right to an attorney, but government
appointed counsel is provided only in capital cases. There is also a right to be brought before a magistrate within 48 hours, a right to bail, a presumption of innocence, and a right to appeal.
Constitution
The constitution prohibits tortureTorture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and other cruel punishment. However, in 1991, corporal punishment
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
was reinstated after having been abolished for seven years. Capital punishment is still used despite protests from the United Kingdom, which has requested its former colonies to eliminate the death penalty.