Criminal Appeal (Reference of Points of Law) Rules

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1990/1990-0071/CriminalAppealReferenceofPointsofLawRules_1.pdf
Published: 1990-10-15

Court of Appeal
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CRIMINAL APPEAL (REFERENCE OF POINTS OF
LAW) RULES
(SECTION 7)

[Commencement 15th October, 1990]
1. These rules may be cited as the Criminal Appeal

(Reference of Points of Law) Rules.
2. In these rules —
“reference” means a reference of a point of law to the

court in pursuance of section 27 of the Act;
“respondent” in relation to any reference, means the

acquitted person in whose case the point of law
referred arose.

3. (1) Every reference shall be in writing and shall —
(a) specify the point of law referred and, where

appropriate, such facts of the case as are
necessary for the proper consideration of the
point of law;

(b) summarise the arguments intended to be put to
the court; and

(c) specify the authorities intended to be cited:
Provided that no mention shall be made in the reference

of the proper name of any person or place which is likely to lead
to the identification of the respondent.

(2) A reference shall be entitled “Reference under
section 27 of the Court of Appeal Act” together with the
year and number of the reference.

4. (1) The Registrar shall cause to be served on the
respondent notice of the reference which shall also —

(a) inform the respondent that the reference will not
affect the trial in relation to which it is made or
any acquittal in that trial;

(b) invite the respondent, within such period as may
be specified in the notice (being not less than
twenty-one days from the date of service of the
notice), to inform the Registrar if he wishes to
present any argument to the court and, if so,
whether he wishes to present such argument in
person or by counsel on his behalf.

S.I. 71/1990

Citation.

Interpretation.

Reference of
point of law to
court.

Notice of
reference to be
served on
respondent.

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(2) The court shall not hear argument by or on
behalf of the Attorney-General until the period specified in
the notice has expired unless the respondent agrees or has
indicated that he does not wish to present any argument to
the court.

5. (1) The Attorney-General may withdraw or
amend the reference at any time before the court has begun
the hearing or, after that, and until the court has given its
opinion, may withdraw or amend the reference by leave of
the court.

(2) Notice of such withdrawal or amendment shall
be served on the respondent on behalf of the Attorney-
General, and the provisions of paragraphs (1)(b) and (2) of
rule 4 shall, as they apply to a notice of reference, mutatis
mutandis apply to such notice of amendment.

6. The court shall ensure that the identity of the
respondent is not disclosed during the proceedings on a
reference except where the respondent has given consent to
the use of his name in the proceedings.

PART IV
Governor-General’s Administrative Rules

SPECIAL LEAVE TO APPEAL TO THE PRIVY
COUNCIL (SENTENCE OF DEATH) RULES

[Commencement 5th October, 1946]
1. The following administrative Rules made by the

Governor-General have the purpose of regulating the
procedure to be observed in dealing with applications for
special leave to appeal to the Judicial Committee of the
Privy Council from and on behalf of convicts under
sentence of death.

2. (1) If intimation is received by the Governor-
General from or on behalf of a convict that it is intended to
apply to the Judicial Committee of the Privy Council for
special leave to appeal, the execution will be postponed
and a date, three weeks later, will be fixed before which
proof must be furnished to the Governor-General or to an

Withdrawal or
amendment of
reference.

Confidentiality
of respondent’s
identity.

G.N. 256/1946
G.N. 203/1960
5 of 1987

5 of 1987 Sch.

5 of 1987 Sch.

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officer specially authorised in this behalf that the necessary
instructions and funds have been sent by air mail to a firm
of solicitors in London and the necessary papers by
registered ordinary mail. The convict and his adviser will
be informed of the date so fixed and the papers and funds
which must be sent; and also where the applicant indicates
his intention of applying in forma pauperis of the
procedure relating to such applications as set out in rule 4
below. They will be informed at the same time that unless
the application for special leave is lodged in the Privy
Council Office before a further date fixed by the Secretary
of State and communicated to the firm of solicitors,
intimation will be received by the Governor-General from
the Office of the Secretary of State for Foreign and
Commonwealth Affairs of the United Kingdom and the
execution will not be further postponed.

NOTE (i) — If sentences of death have been passed
on more than one person in the same case, and if intimation
is received from or on behalf of only one or more but not
all of them of an intention to apply for leave to appeal to
the Privy Council, the execution of the sentence will be
postponed not only in the case of the person or persons
from whom or on whose behalf such intimation has been
received but also in the case of the other person or persons
from whom or on whose behalf no such intimation has
been received.

NOTE (ii) — The necessary funds will be a
minimum of fifty guineas if one counsel is engaged but
will be eighty to one hundred guineas if the record is bulky
or more than one counsel is engaged. The convict and his
adviser should, therefore, be advised, on receipt of
intimation of intention to apply for special leave, that fifty
guineas must be sent by the date fixed and that it is not
unlikely that thirty to fifty guineas more will be required.

NOTE (iii) — The necessary papers will include two
copies of the printed paper book and a certified copy and
two further copies of the judgment, etc., of the Supreme
Court.

NOTE (iv) — Whenever an intimation is received of
the intention of a person condemned to death to apply to
the Judicial Committee, three copies of the paper book and
of the judgment of the Supreme Court will be forthwith
addressed directly by the Cabinet Secretary for and on
behalf of the Governor-General to the Legal Adviser at the

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Office of the Secretary of State for Foreign and
Commonwealth Affairs of the United Kingdom, one copy
of each being a certified copy. One of such sets of papers
will be sent by the first available air mail.

(2) If proof is not furnished before the date fixed
that the necessary papers, instructions and funds have been
sent to a firm of solicitors in London, the execution will
not be further postponed unless the Governor-General is
satisfied that the delay is due to no fault of the convict or
his adviser. If in any special case the Governor-General for
this reason allows an extension of the date for furnishing of
proof the further date within which proof must be furnished
will be intimated to the convict or his adviser.

(3) If proof is furnished before the date fixed, the
convict or his adviser is required to intimate the name of
the firm of solicitors to whom the papers, instructions and
funds have been sent and the registered numbers of the
packages containing such papers, instructions and funds,
and the name of the firm, the date of the despatch of the
papers, etc., and the registered number of the package will
be communicated to the Office of the Secretary of State for
Foreign and Commonwealth Affairs of the United King-
dom by telegram directly by the Governor-General.

NOTE: If proof is furnished that the necessary papers
and instructions, but less than the minimum funds referred
to in Note (ii) to rule 2(1) hereof, have been sent to a firm
of solicitors in England, the Governor-General will forth-
with telegraph to the Office of the Secretary of State for
Foreign and Commonwealth Affairs of the United King-
dom the names of the convict and such solicitors.

(4) After proof is furnished that the necessary papers,
instructions and funds have been sent to England, the
execution will be, except in cases under rule 4(2) hereof,
postponed until intimation is received by the Governor-
General from the Office of the Secretary of State for Foreign
and Commonwealth Affairs of the United Kingdom that the
application for special leave has not been lodged in the Privy
Council Office by the date fixed or by such date as the
Secretary of State may have decided to extend the date to or
that the application has been dismissed by the Judicial
Committee.

3. (1) On receipt of the telegram referred to in the
Note to rule 2(3) enquiries will be made by the Office of the
Secretary of State for Foreign and Commonwealth Affairs

5 of 1987, Sch.

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of the United Kingdom of the prisoner’s solicitors whether
they are prepared to proceed with the case and on receipt of
a reply that the firm of solicitors will proceed, the
Secretary of State will fix a date by which the application
must be lodged at the Privy Council Office. This date will
be communicated to the prisoner’s solicitors and tele-
graphed to the Governor-General. If the solicitors do not
reply that they will proceed, the Governor-General will be
informed by telegram and execution will not be further
delayed.

(2) When a petition has been lodged in the Privy
Council the Office of the Secretary of State for Foreign and
Commonwealth Affairs of the United Kingdom will inform
the Governor-General of the fact by telegram.

(3) The Office of the Secretary of State for Foreign
and Commonwealth Affairs of the United Kingdom will
inform the Governor-General of developments in the Privy
Council in any case which presents unusual features.

(4) The Office of the Secretary of State for Foreign
and Commonwealth Affairs of the United Kingdom will
communicate to the Governor-General by telegram the
result of an application to the Privy Council for special
leave to appeal. The Office of the Secretary of State for
Foreign and Commonwealth Affairs of the United King-
dom will also forward in due course a copy of the Order in
Council to the Governor-General by ordinary mail.

4. (1) In furnishing proof that he has despatched
the necessary papers to a solicitor in England, a petitioner
who intends to make application in forma pauperis under
rule 8 of the Procedure Rules of the Judicial Committee of
the Privy Council, shall also furnish proof of despatch by
air mail of an affidavit or affirmation made by himself
stating that he is not worth four hundred dollars in the
world except his wearing apparel and that he is unable to
provide sureties, accompanied by a certificate of counsel
that the petitioner has reasonable grounds of appeal.
Thereupon proof of the despatch of funds as required by
rule 2(1) hereof shall not be required.

(2) Such a petitioner and his advisers shall be
informed that solicitors in England are under no obligation
to act in a case in forma pauperis. The solicitor instructed by
them must be instructed by air mail and be required to
inform the Office of the Secretary of State for Foreign and


G.N. 203/1960;
5 of 1987, Sch.

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Commonwealth Affairs of the United Kingdom in writing,
whether he intends to act or not. If the Office of the
Secretary of State for Foreign and Commonwealth Affairs
of the United Kingdom receives no consent or receives
intimation that the solicitor instructed is unable to act, the
Governor-General will be informed by telegram and the
execution will not be further delayed.

5. In every case where the Office of the Secretary
of State for Foreign and Commonwealth Affairs of the
United Kingdom has been informed of the postponement
of execution of a sentence owing to the convict’s intention
to apply to the Privy Council for special leave to appeal,
the Office of the Secretary of State for Foreign and
Commonwealth Affairs of the United Kingdom will also
be informed in due course by telegram that the sentence
has been carried out or has been commuted, as the case
may be.

5 of 1987, Sch.
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