Court of Appeal Act


Published: 1965-01-07

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Court of Appeal Act
COURT OF APPEAL [CH.52 – 1


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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.

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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.

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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.

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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.

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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.

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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.

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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;






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Appeals from
Supreme Court in
civil proceedings.

Restriction on
civil appeals.

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(c) from any decision of the Supreme Court where it
is provided by the Constitution that such
decision is to be final;

(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.

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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;

(c) that under all the circumstances of the case, the
verdict is unsafe or unsatisfactory;

(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.

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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;

(c) there was a wrong decision or misdirection on
any question of law or fact;

(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.

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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;

(c) that the magistrate took extraneous matters into
consideration;

(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.

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(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.

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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.

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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.

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(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.

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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.

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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

(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


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

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.