Court of Appeal Act (The Bahamas)

Court of Appeal Act

Published: 1965-01-07

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

COURT OF APPEAL [CH.52 – 1

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– LRO 1/2006 STATUTE LAW OF THE BAHAMAS

COURT OF APPEAL CHAPTER 52

COURT OF APPEAL LIST OF AUTHORISED PAGES 1 - 6B LRO 1/2006 7 - 16 Original 17 - 20 LRO 1/2006

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

SECTION 1. Short title. 2. Interpretation.

PART II

COMPOSITION, JURISDICTION AND POWERS OF COURT 3. Justices of Court of Appeal. 4. Seal. 5. Appointment of Registrar and Deputy Registrar. 6. Functions of Registrar and Deputy Registrar. 6A. Power to administer oaths and perform other functions. 7. Quorum of Court of Appeal. 8. Rules of court. 9. English rules apply where no provision made.

PART III

APPELLATE CIVIL JURISDICTION 10. Appeals from Supreme Court in civil proceedings. 11. Restriction on civil appeals.

PART IV

APPELLATE CRIMINAL JURISDICTION 12. Right of appeal from Supreme Court. 13. Determination of criminal appeals. 14. Grounds of appeal from magisterial court. 15. Powers of court on hearing appeals. 16. Right of appeal from Judge of the Supreme Court. 17. Time for appealing. 18. Transcript and Justice’s notes to be furnished on appeal. 19. Legal aid for poor appellants. 20. Right of appellant to be present and to state his case in writing.

CH.52 – 2] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS LRO 1/2006

PART V FURTHER APPEALS

21. Second appeals from magistrates. 22. Appeals in cases concerned with compulsory acquisition of property. 23. Appeals to the Privy Council.

PART VI

SUPPLEMENTAL PROVISIONS 24. Powers of court in special cases. 25. Revesting and restitution of property on conviction suspended. 26. Suspension of sentence of death or corporal punishment. 27. Supplemental powers of court. 28. Costs of criminal appeal. 29. Admission of appellant to bail. 30. Powers which may be exercised by single Justice of court. 31. Reference to Court of Appeal of point of law following acquittal on

information. SCHEDULE — Persons empowered to administer oaths.

COURT OF APPEAL [CH.52 – 3

CHAPTER 52

COURT OF APPEAL An Act to provide for the jurisdiction and powers

of the Court of Appeal for The Bahamas and for matters incidental thereto or connected therewith.

[Assent 29th December, 1964] [Commencement 7th January, 1965]

PART I PRELIMINARY

1. This Act may be cited as the Court of Appeal Act.

2. In this Act, unless the context otherwise requires — “appellant” includes a person who has been

convicted and desires to appeal to the court; “court” means the Court of Appeal constituted by

Article 98 of the Constitution; “Justice” means Justice of Appeal of the Court of

Appeal and includes the President; “judgment” or “sentence” includes any order of any

court made consequent upon the conviction of an appellant with reference to the appellant or his wife or his children;

“law” means any Act having effect within The Bahamas and any rules made thereunder;

“President” means the President of the court; “Registrar” means the Registrar of the court

appointed under section 5 of this Act; “rules of court” means rules of court made under

section 8 of this Act; “Supreme Court” means the Supreme Court of The

Bahamas constituted by Article 93 of the Constitution.

48 of 1964 62 of 1965 3 of 1967 32 of 1971 E.L.A.O., 1974 5 of 1987 4 of 1989 6 of 1990 26 of 1996 31 of 1999 4 of 2000 8 of 2000 17 of 2000 21 of 2004 Short title.

Interpretation.

CH.52 – 4] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS LRO 1/2006

PART II COMPOSITION, JURISDICTION AND

POWERS OF COURT 3. (1) For the purposes of subparagraph (c) of

paragraph (2) of Article 98 of the Constitution there shall be not less than two and not more than four Justices of Appeal.

(2) The President and at least one such Justice of Appeal shall, on and during the tenure of their appointment, be ordinarily resident in The Bahamas.

(3) The President shall be the senior Justice of the court and subject thereto the Justices shall hold seniority in the order of their appointments or, if two or more Justices are appointed on the same day, then in the order of their seniority of first appointment to high judicial office. In the absence of the President the senior Justice present at any sitting of the court shall preside at that sitting.

(4) Save as otherwise provided in this Act all Justices shall have and enjoy in all respects equal power authority and jurisdiction.

4. The President shall cause a seal to be provided for the court.

5. The Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint persons to be the Registrar of the Court of Appeal and the Deputy Registrar of the Court of Appeal respectively:

Provided that no person shall be appointed to be the Registrar of the Court of Appeal or Deputy Registrar of the Court of Appeal unless —

(a) he is a member of at least five years standing of the English, Irish, Scottish or Bahamas Bar or of the Bar of any country of the Commonwealth to which a member of The Bahamas Bar is admitted without examination; or

(b) he has been enrolled and has practised for at least five years as a solicitor in England, Ireland or Scotland, or in any country of the Commonwealth where a member of The Bahamas Bar is permitted to practise as a solicitor without examination.

Justices of Court of Appeal.E.L.A.O. 1974. 26 of 1996, s. 2.

26 of 1996, s. 2.

Seal.

Appointment of Registrar and Deputy Registrar.

21 of 2004.

COURT OF APPEAL [CH.52 – 5

6. (1) The Registrar shall take all necessary steps for obtaining a hearing under this Act of all appeals and applications made to the court and shall obtain and lay before the court in proper form all documents, exhibits and other things relating to the proceedings in respect of which the appeal or application has been brought and which appear necessary for the determination thereof by the court.

(2) The Registrar shall have such other powers and authorities and perform such other duties as shall be necessary for the due conduct and discharge of the business of the court and as the President shall direct.

(3) The Deputy Registrar shall assist the Registrar in the discharge of his duties as Registrar and may, subject to the directions and instructions of the Registrar, during the temporary absence of the Registrar, lawfully perform all the duties and exercise all the powers of the Registrar under this or any other Act.

(4) There shall be attached to the court such other officers as may from time to time be required and as may be authorized by any Act of Parliament relating to the public service of The Bahamas.

(5) The Registrar shall be the accounting officer for the purposes of the Financial Administration and Audit Act.

6A. (1) Without prejudice to the provisions of any other Act or of rules of court, the persons specified in the Schedule shall have power to administer oaths and take solemn declarations or affirmations in lieu of oaths in all matters transacted in court or in chambers or in the office of the Registrar.

(2) A clerk in the office of the Registrar shall have the power to exercise any other functions designated to that clerk in writing by the Registrar or the Deputy Registrar.

7. (1) For the purpose of hearing and determining

any appeal the court shall be duly constituted if it consists of three Justices:

Provided that if so prescribed by rules of court one Justice may hear and determine any interlocutory matter:

Provided further that if, in the opinion of the President, the appeal or other matter before the court involves a substantial point of constitutional law or a point

26 of 1996, s. 4.

Functions of Re- gistrar and Dep- uty Registrar.

31 of 1999, s.3.

21 of 2004.

Ch. 359.

Power to administer oaths and perform other functions. Schedule.

21 of 2004.

Quorum of Court of Appeal.

26 of 1996, s. 5.

CH.52 – 6] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS LRO 1/2006

of general public importance, the President may direct that the appeal or matter shall be heard and determined by five Justices of the court.

(2) The determination of any question before the court shall be according to the opinion of the majority of the Justices hearing the appeal.

(3) Notwithstanding the provisions of subsection (1) of this section, if at any time during the hearing of any matter in the exercise of the appellate civil jurisdiction of the court under Part III of this Act one Justice becomes unable, by reason of death, illness or other sufficient cause, to continue with the hearing of the same, the remaining Justices may, with the consent of all parties to the appeal or other matter present or represented at the hearing, continue with the hearing, and in any such case the court shall be deemed to be duly constituted by the remaining Justices and the question before the court shall be determined by them:

Provided that in the case of a difference of opinion between the Justices so remaining the appeal or other matter shall stand dismissed, and the judgment or order appealed against shall be affirmed.

8. (1) The President may, subject to the provisions

of this Act, makes rules of court — (a) prescribing the times and places for sessions of

the court; (b) prescribing all such matters as are to be or may

be prescribed under the provisions of this Act; and

(c) generally with respect to all matters of practice and procedure relating to the exercise of the jurisdiction of the court.

(2) Rules of court shall be published in the Gazette and shall have effect, unless otherwise provided therein, as from the date of such publication.

9. Where in any case no special provision is contained in this or any other Act, or in rules of court, with reference thereto any jurisdiction in relation to appeals in criminal and civil matters shall be exercised by the court as nearly as may be in conformity with the law and practice for the time being observed in England by the Court of Criminal Appeal and the Court of Appeal respectively.

3 of 1967, s. 2.

26 of 1996, s. 5.

Rules of court.

English rules apply where no provision made.

COURT OF APPEAL [CH.52 – 6A

PART III APPELLATE CIVIL JURISDICTION

10. Subject to the provisions of this Part of this Act and to the rules of court, the court shall have jurisdiction to hear and determine appeals from any judgment or order of the Supreme Court given or made in civil proceedings, and for all purposes of and incidental to the hearing and determination of any such appeal and the amendment, execution and enforcement of any judgment or order made thereon, the court shall, subject as aforesaid, have all the powers authority and jurisdiction of the Supreme Court.

11. No appeal shall lie — (a) from any order allowing an extension of time for

appealing from a judgment or order; (b) from an order of a Justice of the Supreme Court

giving unconditional leave to defend an action; The next page is 6B and is intentionally blank

Appeals from Supreme Court in civil proceedings.

Restriction on civil appeals.

CH.52 – 6B] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS LRO 1/2006

The next page is 7; this page is intentionally blank

COURT OF APPEAL [CH.52 – 7

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

(d) from any order absolute for the dissolution or nullity of marriage in favour of any party who, having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree, except upon some point which would not have been available to such party on such appeal;

(e) without the leave of the Supreme Court or of the court, from an order made with the consent of the parties or as to costs only where such costs are by law left to the discretion of the Supreme Court;

(f) without the leave of the Supreme Court or of the court from any interlocutory order or interlocutory judgment made or given by a Justice of the Supreme Court except —

(i) where the liberty of the subject or the custody of infants is in question;

(ii) where an injunction or the appointment of a receiver is granted or refused;

(iii) in the case of a decree nisi in a matrimonial cause or a judgment or order in an Admiralty action determining liability;

(iv) in the case of an order in a special case stated under the Arbitration Act;

(v) in the case of a decision determining the claim of any creditor or the liability of any contributory or the liability of any director or other officer under the Companies Act in respect of misfeasance or otherwise; or

(vi) in such other cases to be prescribed as are in the opinion of the authority having power to make rules of court, of the nature of final decisions.

Ch. 180.

Ch. 308.

CH.52 – 8] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART IV APPELLATE CRIMINAL JURISDICTION 12. (1) A person convicted on information in the

Supreme Court after the coming into operation of this subsection, may appeal under the provisions of this Act to the Court on any of the following grounds —

(a) that evidence was wrongly rejected or inadmissible evidence was wrongly admitted;

(b) that the verdict was unreasonable or could not be supported having regard to the evidence;

(d) that the conviction was erroneous in point of law;

(e) that some specific illegality or irregularity, other than hereinbefore mentioned, substantially affecting the merits of the case was committed in the course of the trial;

(f) that the sentence passed was based on a wrong principle of law; or

(g) that the sentence passed was unduly severe. (2) A person sentenced by the Supreme Court under

subsection (2) of section 218 of the Criminal Procedure Code Act may appeal to the court under the provisions of this Act against that sentence.

(3) The Attorney-General on behalf of the Crown may, with the leave of the court appeal to the court against any sentence passed after the coming into operation of this section on a person —

(a) convicted on information in the Supreme Court; or

(b) sentenced by the Supreme Court under subsection (2) of section 218 of the Criminal Procedure Code Act,

unless the sentence is one fixed by law. (4) The provisions of any Act shall, as they apply to

an appeal against sentence made under subsection (1) or (2), mutatis mutandis apply to an appeal made under subsection (3).

Right of appeal from Supreme Court.

32 of 1971, s. 2. 26 of 1996, s. 6.

32 of 1971, s. 2.

Ch. 91.

4 of 1989, s. 2.

Ch. 91.

4 of 1989, s. 2.

COURT OF APPEAL [CH.52 – 9

13. (1) After the coming into operation of this section, the court on any such appeal against conviction shall allow the appeal if the court thinks that the verdict should be set aside on the grounds that —

(a) under all the circumstances of the case it is unsafe or unsatisfactory;

(b) it is unreasonable or cannot be supported having regard to the evidence;

(d) in the course of the trial, there was a material illegality or irregularity substantially affecting the merits of the case; or

(e) the appellant did not receive a fair trial, and in any other case shall dismiss the appeal:

Provided that the court may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if the court considers that no miscarriage of justice has actually occurred.

(2) Subject to the provisions of this Part of this Act the court shall, if it allows the appeal against conviction, quash the conviction and direct a judgment and verdict of acquittal to be entered, or, if the interests of justice so require, order a new trial at such time and place as the court may think fit.

(3) On an appeal against sentence the court shall, if it thinks that a different sentence ought to have been passed, quash the sentence passed at the trial, and pass such other sentence warranted in law by the verdict (whether more or less severe) in substitution therefor as the court thinks ought to have been passed, and in any other case shall dismiss the appeal.

14. (1) Any person who is dissatisfied with any judgment, sentence or order of a magisterial court, given or made after the coming into operation of this section in respect of any offence referred to in the Third Schedule to the Criminal Procedure Code Act or of an offence for which he is liable to imprisonment for a period of one year or more, may appeal to the court on any of the following grounds —

Determination of criminal appeals.

26 of 1996, s. 7.

Grounds of appeal from magisterial court.

26 of 1996, s. 8.

Ch. 91.

CH.52 – 10] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) subject to subsection (2), that the magisterial court had no jurisdiction in the matter;

(b) that the magisterial court exceeded it, jurisdiction in the matter;

(d) that evidence was wrongly rejected or inadmissible evidence was wrongly admitted by the magistrate, and that in the latter case there was not sufficient evidence to sustain the decision;

(e) that the decision was unreasonable or could not be supported having regard to evidence;

(f) that under all the circumstances of the case, the decision is unsafe or unsatisfactory;

(g) that the decision was erroneous in point of law, the particular point of law being specified in the grounds of appeal;

(h) that the decision of the magistrate or sentence passed was based on a wrong principle or was such that a magistrate viewing the circumstances reasonably could not properly have so decided;

(i) that some material illegality or irregularity, other than hereinbefore mentioned, substantially affecting the merits of the case was committed in the course of the proceedings therein or in the decision;

(j) that the sentence was unduly severe or unduly lenient;

(k) that the Magistrate in passing any sentence in respect of any offence referred to in Part I of the Third Schedule or any offence referred to in the Fourth Schedule to the Criminal Procedure Code Act did not comply with any sentencing guidelines issued by the Chief Justice or did not provide sufficient justification for not following such guidelines.

(2) It shall not be competent for the court to entertain the ground of appeal set out in paragraph (a) of subsection (1) unless objection to the jurisdiction of the magisterial court was formally taken at some time during the proceedings and before the decision was pronounced.

4 of 2000, s. 2.

COURT OF APPEAL [CH.52 – 11

(3) The decision of the court in any criminal proceeding brought before it on appeal under subsection (1) shall be final.

(4) In this section and in section 15, “magisterial court” means a court presided over by a magistrate.

15. (1) The court, upon an appeal under section 14, may adjourn the hearing of the said appeal, and may upon the hearing thereof —

(a) subject to subsection (2) of this section, allow the appeal on any of the grounds set out in subsection (1) of section 14;

(b) dismiss the appeal; (c) vary or modify the decision of the magisterial

court; (d) remit the matter with the opinion of the court

thereon to the magisterial court; or (e) make such other order in the matter as it may

think just, and may, by such order, exercise any power which the magisterial court might have exercised, and such order shall have the same effect and may be enforced in the same manner as if it had been made by the magisterial court.

(2) The court may notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if the court considers that no miscarriage of justice has actually occurred.

16. (1) After the coming into operation of this section, any person aggrieved by any decision of the Supreme Court to grant or refuse to order a stay of the execution of the sentence of death, whether such stay was applied for under Article 28 of the Constitution or otherwise, may appeal to the Court against any such decision.

(2) The court may upon hearing any appeal under the provisions of this section make such order confirming, reversing or varying the order appealed against as to the court may seem fit.

Powers of court on hearing appeals.

26 of 1996, s. 8.

Right of appeal from Judge of the Supreme Court.

26 of 1996, s. 8.

CH.52 – 12] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

17. (1) Where a person convicted desires to appeal to the court or to obtain the leave of the court to appeal under the provisions of this Part of this Act, he shall give notice of appeal or of his application for leave to appeal in such manner as may be prescribed by rules of court within twenty-one days of the conviction.

(2) The time within which notice of appeal or of application for leave to appeal may be given, may be extended at any time by the court.

(3) For the purposes of this section the date of conviction shall, where the Supreme Court has adjourned the trial of an information after conviction, be deemed to be the date on which such court has sentenced or otherwise dealt with the appellant.

18. In the case of any appeal or application for leave to appeal to the court under the provisions of this Part of this Act, the Justice of the Supreme Court before whom the appellant was convicted shall furnish to the Registrar, in accordance with rules of court, his notes of the trial (if any) and the Registrar shall procure the transcript of the record of the proceedings at the trial and of the evidence received therein (if any) and shall furnish one copy thereof to the appellant or his counsel and one copy to the Attorney- General at least seven days before the date fixed for the hearing.

19. (1) The court may at any time assign counsel to an appellant under this Part of this Act where it appears to the court that he has not sufficient means wherewith to retain counsel and that it is necessary in the interests of justice that he should have legal aid in the preparation and conduct of his appeal.

(2) The court shall in any case where the appellant has been convicted of an offence for which the punishment is death assign counsel to him if it appears that he has not sufficient means wherewith to retain counsel in connection with his appeal.

Time for appealing.

Transcript and Justice’s notes to be furnished on appeal.

6 of 1990, s. 2.

Legal aid for poor appellants.

COURT OF APPEAL [CH.52 – 13

20. (1) An appellant, notwithstanding that he is in custody, shall be entitled to be present if he so desires at the hearing of his appeal, but on an application for leave to appeal or on any proceedings preliminary or incidental to an appeal the appellant shall not be entitled to be present, unless he is conducting his case in person in those proceedings:

Provided that the court may in any proceedings had before the court grant leave for, or order, the appellant to be present at the hearing.

(2) Every appellant under this Part of this Act shall be entitled to present his case in writing instead of by oral argument to the court if he so desires and any case so presented shall be taken into consideration by the court.

PART V FURTHER APPEALS

21. (1) Any person aggrieved by any judgment, order or sentence given or made by the Supreme Court in its appellate or revisional jurisdiction, whether such judgment, order or sentence has been given or made upon appeal or revision from a magistrate or any other court, board, committee or authority exercising judicial powers, and whether or not the proceedings are civil or criminal in nature may, subject to the provisions of the Constitution and of this Act, appeal to the court on any ground of appeal which involves a point of law alone but not upon any question of fact, nor of mixed fact and law nor against severity of sentence:

Provided that no such appeal shall be heard by the court unless a Justice of the Supreme Court or of the court shall certify that the point of law is one of general public importance.

(2) Any person aggrieved by a judgment, order or sentence given or made by a Circuit Justice in exercise of the appellate jurisdiction vested in him under the provisions of the Magistrates Act and the Criminal Procedure Code Act, and whether or not the proceedings are civil or criminal in nature, may appeal to the court against such judgment order or sentence on any ground of appeal which involves a point of law alone but not upon any question of fact, nor of mixed fact and law.

Right of appel- lant to be present and to state his case in writing.

Second appeals from magistrates.

3 of 1967, s. 3.

Ch. 54. Ch. 91.

5 of 1987, Sch.

CH.52 – 14] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Any person aggrieved after the coming into operation of this subsection —

(a) by any declaratory order, order of mandamus, order of prohibition or order of certiorari made by the Supreme Court in any proceedings, whether or not the proceedings are civil or criminal in nature; or

(b) by the refusal of the Supreme Court to make any such order,

may appeal to the court against any such order, or, the refusal of any such order, on any ground of appeal which involves a point of law or of mixed fact and law, without prejudice to any other law or provisions of this Act which provide for such an appeal.

(4) The court may upon hearing any appeal under the provisions of this section make such order confirming, reversing or varying the judgment, order or sentence appealed against or, if the interests of justice so require order a new trial at such time and place, as to the court may seem fit:

Provided that the court may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if the court considers that no substantial miscarriage of justice has actually occurred.

22. Notwithstanding the provisions of section 21 of this Act, any person who has appealed to the Supreme Court from any determination, in any proceedings concerning the compulsory acquisition of any interest in or right over property of any description, by any arbitrator, court or other authority as to —

(a) his interest or right in such property; (b) the legality of the taking of possession or

acquisition thereof; (c) the amount of any compensation to which he is

entitled in respect thereof; or (d) as to his entitlement to prompt payment of any

such compensation, shall have the same rights of appeal to the court as are accorded under this Act to parties to civil proceedings in the Supreme Court sitting as a court of original jurisdiction.

26 of 1996, s. 9.

6 of 1990, s. 2.

Appeals in cases concerned with compulsory acquisition of property.

62 of 1965, s. 2.

COURT OF APPEAL [CH.52 – 15

23. (1) An appeal shall lie to Her Majesty in Council from any judgment or order of the court upon appeal from the Supreme Court in a civil action in which the amount sought to be recovered by any party or the value of the property in dispute is of the amount of four thousand dollars or upwards, and with the leave of the court but subject nevertheless to such restrictions, limitations and conditions as may be prescribed in relation thereto by Her Majesty in Council, in any other proceedings on the Common Law, Equity, Admiralty or Divorce and Matrimonial sides of the jurisdiction of the Supreme Court.

(2) Save as is provided in this section the decision of the court in any civil proceedings brought before it on appeal shall be final.

(3) Nothing in this section contained shall be deemed to restrict or derogate from the right of Her Majesty in Council in any case to grant special leave to appeal from the decision of the court in any cause or matter.

PART VI SUPPLEMENTAL PROVISIONS

24. (1) If it appears to the court that an appellant though not properly convicted on some count of an information or charge has been properly convicted on some other count thereof the court may either affirm the sentence passed on the appellant at the trial or pass such sentence in subsitution therefore as the court thinks proper and as may be warranted in law by the judgment or verdict on the count or part of the information or charge on which the court considers that the appellant has been properly convicted.

(2) Where the appellant has been convicted of an offence and the court of trial or the jury could have found him guilty of some other offence, and on the finding or verdict of such court or jury it appears to the court that the court of trial or jury must have been satisfied of facts which proved him guilty of that other offence, the court may instead of allowing or dismissing the appeal, substitute for the judgment passed or verdict given by the court of trial or jury a judgment or verdict of guilty of that other offence and pass such sentence in substitution

Appeals to the Privy Council.

5 of 1987, s. 2.

Powers of court in special cases.

CH.52 – 16] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS LRO 1/2006

for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity.

(3) If on any appeal it appears to the court that although the appellant was guilty of the act or omission charged against him he was insane at the time the act was done or the omission made so as not to be responsible according to law for his actions, the court may quash the sentence passed at the trial and order the appellant to be kept in custody as provided for in section 191 of the Criminal Procedure Code Act in all respects as if the appellant had had a special verdict found against him in accordance with section 190 of that Act.

25. (1) The operation of any order for the restitution or disposal of any property to any person made under the provisions of the Criminal Procedure Code Act on a conviction and the operation in the case of a conviction of the provisions of section 25 of the Sale of Goods Act as to the revesting of the property in stolen goods on conviction shall (unless the court before which the conviction takes place directs to the contrary in any case in which, in its opinion, the title to the property is not in dispute) be suspended —

(a) in any case until the expiration of twenty-one days after the date of conviction; and

(b) in cases where notice of appeal or of application for leave to appeal is given within twenty-one days after the date of conviction, until the determination of the appeal or refusal of the application as the case may be.

(2) In cases where the operation of any such order or of the said provisions is suspended until the determination of the appeal, the order or provisions, as the case may be, shall not take effect as to the property in question if the conviction is quashed on appeal.

(3) Provision may be made by rules of court for securing the safe custody of any property pending the suspension of any such order or of the said provisions.

Ch. 91.

Revesting and restitution of property on conviction suspended.

Ch. 103

Ch. 337.

COURT OF APPEAL [CH.52 – 17

(4) The court may by order annul or vary any order made on conviction for the restitution or disposal of any property to any person, although such conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as varied.

26. In the case of a conviction involving a sentence of death or of corporal punishment —

(a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal or of application for leave to appeal may be given under this Act; and

(b) if notice is so given, the appeal or application shall be heard and determined with as much expedition as practicable and the sentence shall not be executed until after the determination of the appeal, or if leave of appeal is finally refused, of the application.

27. For the purposes of its appellate criminal jurisdiction under Parts IV and V of this Act, the court may, if the court thinks it necessary or expedient in the interests of justice —

(a) order the production of any document, exhibit or thing connected with the proceedings, the production of which appears to the court to be necessary for the determination of the case;

(b) if the court thinks fit, order any witness who would have been a compellable witness at the trial to attend and be examined before the court, whether or not they were called at the trial, or order the examination of any such witness to be conducted in any manner provided by rules of court before any Justice or officer of the court or other person appointed by the court for the purpose, and allow the admission of any depositions so taken as evidence before the court;

(c) if the court thinks fit, receive the evidence if tendered of any witness, including the appellant, who is a competent but not a compellable witness, and if the appellant makes an application for the purpose, of the husband or wife of the appellant in cases where the evidence of the husband or wife could not have been given at the trial except on such application;

Suspension of sentence of death or corporal punishment.

Supplemental powers of court. 4 of 1989, s. 4.

CH.52 – 18] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS LRO 1/2006

(d) where any question arising on an appeal involves prolonged examination of documents or accounts or any scientific or local examination, which cannot, in the opinion of the court, conveniently be conducted before the court, order the reference of the question in manner provided by rules of court for inquiry and report to a special commissioner appointed by the court, and to act upon the report of any such commissioner as far as the court thinks fit to adopt it;

(e) appoint any person with special expert knowledge to act as an assessor to the court in any case where it appears to the court that such special knowledge is required for the proper determination of the case;

(f) exercise in relation to the proceedings of the court any other powers which may for the time being be exercised by the court on appeals in civil matters and issue any warrants necessary for enforcing the sentence or orders of the court.

28. No costs shall be allowed by the court on either side in connection with the hearing and determination of an appeal in any criminal cause or matter under Parts IV or V of this Act.

29. (1) Subject to the provisions of the Bail Act, the court may, if it sees fit upon the application of an appellant, admit him to bail pending the determination of his appeal.

(2) An appellant who is not admitted to bail shall, pending the determination of his appeal, be treated in such manner as may be provided by rules made under the Prisons Act.

(3) The time during which an appellant is admitted to bail and, subject to any directions which the court may give to the contrary, the time during which an appellant is specially treated whilst in custody under the provisions of this section, shall not count as part of any term of imprisonment, to which he may have been sentenced, and any such term of imprisonment whether passed by the court of trial or by the court under the provisions of this Act shall, subject to any directions given by the court as

Costs of criminal appeal.

Admission of appellant to bail. Ch. 103.

17 of 2000.

Ch. 208.

COURT OF APPEAL [CH.52 – 19

aforesaid, be deemed to begin to run or to be resumed as from the date on which the appeal is determined or application for leave to appeal is refused, or if the appellant is not in custody as from the day on which he is received into prison under that sentence.

30. (1) The powers of the court in its appellate criminal jurisdiction under Part IV of this Act —

(a) to extend the time within which notice of appeal or of application for leave to appeal may be given;

(b) to assign counsel to an appellant; (c) to grant leave for an appellant to be present at

any proceedings of the court; and (d) to admit an appellant to bail,

may be exercised by a single Justice in the same manner as they may be exercised by the court and subject to the same provisions:

Provided that if a single Justice refuses an application under paragraph (a) of this subsection the appellant shall be entitled to have the application determined by the court.

(2) It shall be lawful for any single Justice to deliver in open court the judgment or judgments of the court in any appeal or other matter heard and determined by the court, notwithstanding that some or all the Justices who heard and determined such appeal or other matter may be absent when judgments are read.

31. (1)Where, after the coming into operation of this subsection, a person charged before the Supreme Court upon an information or a bill of indictment whether voluntary or otherwise —

(a) is discharged from that information or bill of indictment; or

(b) is acquitted (whether in respect of the whole or part of that information or bill of indictment),

the Attorney-General may, if he desires the opinion of the court on a point of law which has risen in the case, refer that point to the court in the prescribed manner and the court shall, in accordance with this section, consider the point and give its opinion on it.

Powers which may be exercised by single Justice of court.

.3 of 1967, s. 5.

3 of 1967, s. 5.

Reference to Court of Appeal of point of law following acquit- tal on informa- tion.

of 1989, s. 5.

4 of 1989, s. 5. 26 of 1996, s. 10.

CH.52 – 20] COURT OF APPEAL

STATUTE LAW OF THE BAHAMAS LRO 1/2006

(2) For the purpose of the consideration of a point referred to the court under this section, the court shall hear argument by, or by counsel on behalf of, the Attorney- General and if the acquitted person was represented by counsel at the trial, the court may invite that counsel to present any argument to the court.

(3) Where the court has given an opinion on a point referred to it under this section, the court may, in pursuance of an application by the Attorney-General in that behalf refer the point to Her Majesty in Council and for that purpose the provisions of section 23 shall, as they apply to an appeal against conviction, mutatis mutandis apply to such reference to Her Majesty in Council.

(4) Where on a point being referred to the court under this section, counsel appears at the invitation of the court for the purpose of presenting any arguments on such reference he may be awarded such costs as the court sees fit which shall be paid out of the Treasury.

(5) A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.

SCHEDULE PERSONS EMPOWERED TO ADMINISTER OATHS Registrar Deputy Registrar Any clerk in the office of the Registrar designated in writing for the purpose by the Registrar or a Deputy Registrar.

21 of 2004.