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Magistrates (Community Courts) (New Providence) Order


Published: 2009-07-01

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MAGISTRATES [CH.54 – 3

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

CHAPTER 54

MAGISTRATES

MAGISTRATES RULES OF COURT

[See Schedule to the Magistrates Act (Ch. 54) in Volume I of this Revision]

MAGISTRATES (COMMUNITY COURTS) (NEW PROVIDENCE) ORDER 2009

[Commencement - 1st July, 2009] (SECTION 11)

1. (1) This Order may be cited as the Magistrates (Community Courts) (New Providence) Order, 2009.

(2) This Order shall come into force on the 1st day of July, 2009 and shall expire on the 1st day of July, 2010.

2. The justices of the peace named in the First Schedule are empowered to try cases singly within the district of New Providence, in respect of offences referred to in the Second Schedule and to hear such other matters as the Chief Justice may direct by notice, in writing.

FIRST SCHEDULE

(paragraph 2)

NAMES OF JUSTICES OF THE PEACE Rodney Wilbert Braynen Colin Campbell Deane Zelma Ernestine Dean

Japheth Edison Deleveaux Charles Mahlon Hunt Alvan Kenneth Rolle

Charles Andrew Sweeting Vylma Bloneva Thompson-Curling

G.N. 200/1934 G.N. 121/1953

S.I. No. 64 of 2009

Citation and duration.

Justices of the peace to try cases singly in New Providence. First Schedule.

CH.54 – 4] MAGISTRATES

STATUTE LAW OF THE BAHAMAS LRO 1/2010

SECOND SCHEDULE

(paragraph 2)

OFFENCES 1. Offences under the following sections of the Public Works

Act (Ch. 26) - Sections 5(3), 7 and 9(2). 2. Offences under the following sections of the Education Act

(Ch. 46) - Section 23, 24, 25, 26, 30 and 37. 3. Offences under the following sections of the Penal Code

(Ch. 84) - Sections 133, 135, 137, 138, 154(1), 155 to 158 (inclusive), 160, 163, 165 to 171 (inclusive), 175, 182, 184(2), 185 to 187 (inclusive), 191, 192, 200, 201, 203 to 209 (inclusive), 211, 212, 213(3), 214, 216 to 219 (inclusive), 222 to 228 (inclusive), 230, 232, 234, 237, 239, 240, 242, 244 to 256 (inclusive), 259 and 260.

4. Offences under the following sections of the Road Traffic Act (Ch. 220) - Sections 8, 15, 16, 21, 25, 26, 28, 29(1), 30(2), 31, 32, 34, 35, 36, 40, 41, 43, 48 51, 52, 53, 55 to 59 (inclusive), 61, 62, 64, 65, 71, 75, 76, 77, 84, 94, 95, 96, 99 and 100.

5. Offences under the following sections of the Environmental Health Services Act (Ch. 232) - Sections 9 and 10.

6. Offences under the following sections of the Town Planning Act (Ch. 255) - Sections 6(4), 8(2) and 9.

7. Offences under the following sections of the Port Authorities Act (Ch. 269) - Sections 73, 74 and 75.

8. Offences under the following sections of the Business Licence Act (Ch. 329) - Sections 4(4), 16 and 24.

9. Offences under the following sections of the Liquor Licences Act (Ch. 372) - Sections 15(2), 22, 24 and 26(2).

10. Offences under the following sections of the Shop Licences Act (Ch. 377) - Sections 11, 12, 14 and 15.

11. Offences under the following rules of the Ministry of Works (New Providence) Rules2 - Rules 3 to 8 (inclusive).

12. Offences under the following rules of the Ministry of Works (Control of Advertisements) Rules3 - Rules 5, 17 and 19.

13. Offences under the following rules of the Public Parks Rules4 – Rules - to 9 (inclusive).

14. Offences under the following rules of the Sea Bathing Rules5 - Rules 2 to 4 (inclusive).

2 Sub. Leg., Vol. I, Ch. 26 – 3 3 Sub. Leg., Vol. I, Ch. 26 – 21 4 Sub. Leg., Vol. I, Ch. 26 – 34 5 Sub. Leg., Vol. I, Ch. 26 – 47

MAGISTRATES [CH.54 – 5

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

15. Offences under the following regulations of the Motor Vehicle and Speed Limit Regulations6 - Regulations 6, 8, 10, 16 to 24 (inclusive), 26, 27, 28 and 38.

16. Offences under the following regulations of the Pedestrian Crossing Regulations7 - Regulations 4 to 7 (inclusive).

17. Offences under the following regulations of the Road Traffic Regulations8 - Regulations 5 to 10 (inclusive) and 15 to 25 (inclusive ).

18. Offences under the following rules of the Health Rules9 - Rules 13, 24, 25, 26, 37, 38, 39, 42, 150 and 162.

19. Offences under the following regulations of the Prince George Wharf Regulations10 - Regulations 4, 6, 8 and 13.

20. Offences under the following regulations of the Potters Cay Wharf Regulations11 - Regulations 3, 4, 7, 9 and 10.

APPEALS FROM MAGISTRATES (PROCEDURE) RULES

(SECTION 96) [Commencement 22nd September, 1955]

1. These Rules may be cited as the Appeals from Magistrates (Procedure) Rules.

2. In all appeals against a decision of a magistrate in the exercise of his summary criminal jurisdiction the notices of appeal required by the provisions of section 56 of the Magistrates Act (hereinafter in these Rules referred to as “the Act”) may be served upon the magistrate concerned by handing the same to the said magistrate, or to his clerk, and upon the other party by handing the same to the magistrate or to his clerk where the case has been heard in any Out Island or by handing the same to the prosecuting police officer where the case has been heard in New Providence.

3. In all appeals against a decision of a magistrate in the exercise of his summary matrimonial or civil jurisdiction the notices of appeal required by the provisions

6 Sub. Leg., Vol. III, Ch. 220 – 11 7 Sub. Leg., Vol. III, Ch. 220 – 105 8 Sub. Leg., Vol. III, Ch. 220 – 107 9 Sub. Leg., Vol. III, Ch. 231 – 3 10 Sub. Leg., Vol. IV, Ch. 269 – 3 11 Sub. Leg., Vol. IV, Ch. 269 – 6

G.N. 147/1955

Short title.

Appeals from summary criminal jurisdiction.

Appeals from summary matrimonial or civil jurisdiction.