Judicial and Legal Service Commission Regulations

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1973/1973-0033/JudicialandLegalServiceCommissionRegulations_1.pdf
Published: 1973-05-15

Judicial and Legal Service Commission Regulations
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JUDICIAL AND LEGAL SERVICE COMMISSION REGULATIONS

ARRANGEMENT OF CONTENTS
PART I

PRELIMINARY
1. Title.
2. Interpretation.

PART II
JUDICIAL AND LEGAL SERVICE COMMISSION

3. Appointment and function of the Secretary.
4. Quorum and voting.
5. Record of meetings and decisions.
6. Other decisions.
7. Privilege from disclosure in legal proceedings.
8. Protection of members from legal proceedings.
9. Consultation with persons other than members.
10. Documents to be made available.
11. Failure to comply with requirement of Commission.
12. Improper influence.
13. Penalty for supplying false information to Commission.
14. Unauthorised disclosure of information.

PART III
APPOINTMENTS, PROMOTIONS AND TRANSFERS

15. Functions of Commission with regard to appointments, promotions and transfers.
16. Supervision of recruitment.
17. Advertisement of vacancies.
18. Principles and procedures applicable to selection for promotion.
19. Maintenance of a confidential report system.
20. Principles and procedures applicable to selection for acting appointments.
21. Selection for scholarships and courses.
22. Procedure for transfers.
23. Procedure in cases of urgency.
24. Detailed procedure for appointments, promotion and transfers.

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PART IV
DETERMINATION OF APPOINTMENT AND EXTENSION OF

PROBATIONARY SERVICE
25. Termination of appointment on abolition of office.
26. Termination of non-pensionable appointments.
27. Probationary appointments.

PART V DISCIPLINE

A. General
28. Premature termination of contract and withholding of gratuities.
29. Regulations to govern disciplinary procedure.
30. Cases not otherwise provided for.
31. Functions of the Commission with regard to discipline.
32. Grounds for criminal prosecution.
33. No dismissal while criminal proceedings pending.
34. Disciplinary action after acquittal on a criminal charge.
35. Copies of evidence of inquiries.
36. Interdiction.
37. Non-payment of salary on conviction on criminal charge.
38. Interdicted officers not to leave The Bahamas.
39. Punishments.

B. Proceedings Against Judicial and Legal Officers
40. Proceedings for dismissal.
41. Proceedings for misconduct not warranting dismissal.
42. Proceedings against a judicial or legal officer for retirement in the public interest.
43. Criminal conviction of a judicial or legal officer.

C. Procedure on Admission of Offences
44. Admission of offence.

D. Miscellaneous
45. Absence from duty without leave.
46. Withholding and restriction of increments.

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3JUDICIAL AND LEGAL SERVICE COMMISSION
REGULATIONS

(ARTICLE 125)
[Commencement 15th May, 1973]

PART I
PRELIMINARY

1. These Regulations may be cited as the Judicial and
Legal Service Commission Regulations.

2. In these Regulations unless the context otherwise
requires —

“appointment” means —
(i) the conferment of an office of emolument

referred to in Article 117 of the Constitu-
tion, in the public service, whether or not
subject to subsequent confirmation, upon a
person not in the public service;

(ii) the grant of permanent and pensionable
terms of service in a public office, referred
to in Article 117 of the Constitution, to a
person recruited and serving on contract
terms of service or in a non-established
capacity in a pensionable or non-pension-
able office;

(iii) the engagement in a public office, referred
to in Article 117 of the Constitution, of a
person on contract terms of service for a
further period of service on the conclusion
of his previous period of engagement on
contract terms in the same or other public
office; and


3 Originally made under section 109(4) of the Constitution of the Commonwealth of

the Bahama Islands contained in the Schedule to the Bahama Islands (Constitution)
Order. 1969. (1969 No. 950).

S.I. 33/1973
S.I. 80/1975

Title.

Interpretation.

S.I. 80/1975, r.2.

S.I. 80/1975, r. 2.

S.I. 80/1975, r. 2.

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(iv) the appointment of a public officer to act in
any public office, referred to in Article 117
of the Constitution, other than that to
which he is substantively appointed;

“the Chairman” means the Chairman of the Commis-
sion;

“the Commission” means the Judicial and Legal
Service Commission constituted under the provi-
sions of Article 116 of the Constitution;

“the committee” means a committee appointed under
the provisions of these Regulations;

“court” means either the Supreme Court or a
magistrate’s court;

“criminal charge” means a charge in respect of an
offence for which the court imposes a sentence
of imprisonment without the option of a fine, or
any other offence which in the opinion of the
Commission involves serious moral turpitude;

“disciplinary control” includes control in so far as it
relates to dismissal;

“Director of Public Personnel” means any holder for
the time being of the post of Director of Public
Personnel;

“Head of Department” means the Registrar of the
Supreme Court, the Director of Legal Affairs or
the Registrar General;

“judicial or legal office” means an office referred to
in Article 117 of the Constitution;

“judicial or legal officer” means the holder of a
judicial or legal office;

“member” means any person appointed to the
Commission under the provisions of Article 116
of the Constitution and includes any temporary
member;

“non-pensionable officer” includes an officer serving
under a contract or agreement which does not
provide for the payment of a pension;

“office of emolument” in relation to a Judicial or
Legal office means any pensionable or non-
pensionable post which is shown under a
Personal Emolument sub-head in current Com-
monwealth of The Bahama Islands estimates;

S.I. 80/1975, r. 2.

S.I. 80/1975, r. 2.

S.I. 80/1975, r. 2.

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“official document” means any document or paper
prepared by any public officer in the course of
his employment or any document or paper
which comes into the custody of any public
officer in the course of such employment;

“Permanent Secretary” means the Permanent Secre-tary
who exercises supervision over the Registrar
General’s Department;

“promotion” means the conferment upon a person in
the public service of a judicial or legal office, to
which is attached a higher salary or higher salary
scale than that attached to the office to which he
was last substantively appointed;

“public office”, “public officer” and “public service”
shall have the same meanings as are assigned to
those expressions in the Constitution except that
the definition of the expression “office of
emolument” used therein shall be limited to the
meaning given in these Regulations;

“salary” means basic salary;
“Secretary” means the secretary to the Judicial and

Legal Service Commission;
“seniority” means the relative seniority of officers

and except as may be otherwise provided by the
Commission or in these Regulations shall be
determinable and shall be regarded as having
always been determinable as follows:
(i) as between officers of the same grade —

(a) by reference to the dates on which
they respectively entered that grade;

(b) if any officers entered that grade on
the same day by reference to their
seniority on the day immediately
preceding that day;

(c) if any officers who entered the same
grade on the same day did so by
appointment and not by promotion
(excluding promotion from a non-
pensionable to a pensionable grade),
their seniority relative to each other
shall be determinable by reference to
their respective ages;

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(ii) as between officers of different grades on
the same salary scale or the same flat rate of
salary, by reference to the dates on which
they respectively entered their grades;

(iii) as between officers of different grades on
different salary scales, by reference to the
maximum point on their salary scales, a
flat rate of salary being regarded for this
purpose as a salary scale with a maximum
point equivalent to the flat rate:

Provided that, when assessing the seniority
of a pensionable public officer, service by that
officer or any other person in a non-pensionable
capacity shall not be taken into account;

“transfer” means the conferment upon a public officer,
to whom these Regulations apply, whether
permanently or otherwise of some public office
other than that to which the officer was last
substantively appointed, not being a promotion;
but the posting of an officer between duty posts
in the same grade within a Department shall not
be regarded for this purpose as a transfer.

PART II
JUDICIAL AND LEGAL SERVICE COMMISSION

3. (1) The Governor General, acting on the recom-
mendation of the Commission, shall appoint a secretary to
the Commission, and such other staff as the Commission
shall from time to time think necessary.

(2) The secretary to the Commission and other staff
of the Commission shall be public officers.

(3) The secretary shall not be a member of the
Commission and his functions and duties shall be limited
to matters of an administrative nature.

4. (1) Every meeting of the Commission shall be
presided over by the Chairman and the Chairman and two
members shall form a quorum for a meeting.

Appointment and
function of the
Secretary.

Quorum and
voting.

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(2) Any question proposed for a decision at any
meeting of the Commission shall be determined by a
majority of the votes of the members present and voting
and if on any such question the votes are equally divided
the Chairman shall have and exercise a casting vote.

5. A record shall be kept of the members present
and of the business transacted at every meeting of the
Commission. Any member who is present at a meeting
when a decision is made shall be entitled to dissent
therefrom and to have his dissent and his reasons therefor
set out in the record of such meeting.

6. A decision may be made by the Commission
without a meeting by circulation of the relevant papers
among the members and the expression of their views in
writing; and in any such case the decision shall be the view
of the majority of members expressing a view:

Provided that if any member requires that a decision
on a matter being dealt with by circulation of the relevant
papers shall be deferred until the subject matter shall be
considered at a meeting of the Commission, no decision
shall be made on that subject except at a meeting of the
Commission:

Provided further that where a member dissents from a
view recorded by a majority of members on paper circulated
for a decision, the decision shall not be implemented until
that member records the reasons for his view.

7. Any report, statement of other communication
or record of any meeting, inquiry or proceedings which the
Commission may make in exercise of its functions or any
member may make in performance of his duties, or in
discharge of any duty to the Governor-General or to any
public officer, shall be privileged in that its production may
not be compelled in any legal proceedings if the Governor-
General certifies that such production is not in the public
interest.

8. The Chairman and any member shall have such
and like protection and privilege in case of any action or
suit brought against him for any act done or omitted to be
done in the execution of his duties under these Regulations
as is by law given to the acts done or words spoken by a
judge of the Supreme Court in the exercise of his judicial
office.

Record of
meetings and
decisions.

Other decisions.

Privilege from
disclosure in legal
proceedings.

Protection of
members from
legal
proceedings.

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9. The Commission may require any public officer
to attend and give evidence before it concerning any matter
which it is required to consider in the exercise of its
functions, and may, unless the Governor-General certifies
that such production is not in the public interest, require the
production of any official document relating to any such
matter.

10. Any public officer who submits any matter for
the consideration of the Commission shall ensure that all
relevant documents and papers are made available to the
Commission.

11. Any public officer who without reasonable
excuse fails to appear before the Commission when required
by the Commission to do so or who fails to comply with any
other requirement lawfully and properly made by the
Commission shall be guilty of a breach of discipline and the
Commission may refer the matter to the Public Service
Commission, in the case of an officer not holding a judicial
or legal office, in order that disciplinary proceedings may be
instituted against him, or, in the case of a public officer
holding a judicial or legal office, direct the head of
Department, or the Permanent Secretary, as the case may be,
that disciplinary proceedings should be instituted against
him and the Head of Department or the Permanent
Secretary, as the case may be, shall act accordingly.

12. Any person who otherwise than in the course of
his duty, directly or indirectly by himself or by any other
person in any manner whatsoever, influences or attempts to
influence any decision of the Commission or of the Chairman
or of any member shall be guilty of an offence and upon
summary conviction be liable to a fine not exceeding one
hundred and fifty dollars or to imprisonment for a term not
exceeding six months or to both such fine and imprisonment:
Provided that nothing in this regulation shall prohibit any
person who may properly give a certificate or testimonial to
any applicant or candidate for any public office, from giving
such a certificate or testimonial or from supplying any
information or assistance at the request of the Commission.

Consultation
with persons
other than
members.

Documents to be
made available.

Failure to
comply with
requirement of
Commission.

Improper
influence.

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13. Any person who in connection with any applica-
tion by any person for employment or promotion in the
public service, or with any matter upon which it is the duty
of the Commission to make a recommendation to the
Governor-General or to make any decision, wilfully gives
to the Commission or to any member thereof, or to any
person or body of persons properly appointed to assist the
Commission in the exercise of its functions or the
discharge of its duties, any information which he knows to
be false or does not believe to be true, or which he knows
to be false by reason of the omission of any material
particular, shall be guilty of an offence and upon summary
conviction be liable to a fine not exceeding three hundred
dollars or to imprisonment for a term not exceeding one
year or to both such fine and imprisonment.

14. (1) Neither the Chairman nor any member nor
any other person shall without the written permission of the
Governor-General publish or disclose to any person
otherwise than in exercise of his functions under these
Regulations the contents of any document, communication
or information whatsoever which has come to his notice in
the course of his duties in respect of any matter referred to
the Commission, and any person who knowingly acts in
contravention of this regulation shall be guilty of an
offence and upon summary conviction be liable to a fine
not exceeding three hundred dollars or to imprisonment for
a term not exceeding one year or to both such fine and
imprisonment.

(2) If any person having possession of any informa-
tion which to his knowledge has been disclosed in
contravention of the provisions of paragraph (1) of this
regulation, publishes or communicates to any other person
any such information otherwise than for the purpose of any
criminal prosecution or of disciplinary proceedings in
respect of such disclosure, he shall be guilty of an offence
and upon summary conviction be liable to a fine not
exceeding three hundred dollars or to imprisonment for a
term not exceeding one year or to both such fine and
imprisonment.

Penalty for
supplying false
information to
Commission.

Unauthorised
disclosure of
information.

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PART III
APPOINTMENTS, PROMOTIONS AND

TRANSFERS
15. The Commission shall advise the Governor-

General on —
(a) appointments, promotions and transfers to public

offices to which Article 117 of the Constitution
applies;

(b) petitions against decisions by the Governor-
General under Article 117 of the Constitution, in
respect of appointments, promotions and
transfers.

16. In order to discharge its duties under the
provisions of regulation 15 the Commission shall exercise
supervision over and approve any scheme for appointment
to a judicial or legal office by examination or for the award
of any scholarship for training for a judicial or legal office,
and over any other method of recruitment including the
appointment and procedure of any board for the selection
of candidates.

17. Where any vacancy is not to be filled by
promotion or by the result of an examination, a scholarship
or a training award, the vacancy shall, unless the
Commission otherwise directs, be notified to the public by
advertisement in time to enable candidates to make
application in accordance with such advertisement.

18. (1) In considering the claim of any judicial or
legal officer for promotion, merit and ability shall be taken
into account as well as seniority, experience and formal
qualifications.

(2) Any recommendations made to the Commission
for promotion shall state whether the person recommended
is the senior officer in the department or grade eligible for
promotion and, where this is not the case, detailed reasons
shall be given in respect of each person in that department
of grade over whom it is proposed that the person
recommended should be promoted.

19. In order to discharge its duties under regulation
18 the Commission may issue such directions as it may see
fit for the maintenance of a system of confidential reports
on judicial and legal officers and for their safe custody.

Functions of
Commission with
regard to
appointments,
promotions and
transfers.
S.I. 80/1975, r.3.

Supervision of
recruitment.

Advertisement of
vacancies.

Principles and
procedures
applicable to
selection for
promotion.

Maintenance of a
confidential
report system.

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20. The procedure for making acting appointments
shall be the same as that prescribed in these Regulations
for making a promotion. Any recommendation to the
Commission for the making of an acting appointment,
except one under subsection (2) of section 16 of the Public
Service Act, shall contain a statement whether or not the
officer recommended for acting appointment is in every
way qualified to perform all the duties of the office in
which he is to act.

21. The procedure for making appointments shall be
followed where it is desired to select an officer for a
scholarship or a course of training which is designed to fit
him for a higher post or which may enhance his
qualifications for promotion.

22. The procedure for transfers shall, where any
increase in emoluments is involved, be that prescribed in
these Regulations for promotions, and, in any other case,
be that so prescribed for appointments.

23. When it is necessary to make an appointment,
promotion or transfer of a judicial or legal officer, the
procedure in the subsequent regulations in this Part of these
Regulations shall be followed except that, where any delay
involved in carrying out such procedure is likely to cause
serious inconvenience, the Head of Department or the
Permanent Secretary, as the case may be, shall report the
matter to the Chairman who may as a matter of urgency
recommend an acting appointment without regard to that
procedure. The Chairman shall notify all members of the
Commission as soon as possible after he has made a
recommendation under this regulation.

24. The appointment, promotion and transfer of
judicial and legal officers shall be made by the Governor-
General, acting in accordance with the recommendation of
the Commission and, subject to the provisions of regula-
tion 23 of these Regulations, the following procedure shall
be followed —

(a) the Head of Department shall, after verifying
from the Director of Public Personnel that there
is no establishment or financial objection to the
filling of the post, report to the Secretary
without delay the creation of a new post or any
impending vacancy in an existing post in his


Ch. 39.

Principles and
procedures
applicable to
selection for
acting
appointments.

Selection for
scholarships and
courses.

Procedure for
transfers.

Procedure in
cases of urgency.

Detailed
procedure for
appointments,
promotion and
transfers.

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department. The report shall include a recom-
mendation as to how the post should be filled
and whether or not the post should be adver-
tised;

(b) in the case of a vacancy in the post of Registrar
General or Deputy Registrar General the Per-
manent Secretary shall follow the procedure in
Regulation 24(a);

(c) if the Commission decides that a post should be
advertised, the Commission shall arrange the
publication of the advertisement and shall
receive the replies to the advertisement;

(d) the Commission may interview the candidates
for any post or it may appoint a selection board
for this purpose and the selection board shall
report to the Commission in such manner as the
Commission directs. The Commission shall take
into consideration the recommendations by the
Head of Department or the Permanent Secretary,
as the case may be, on the candidates and shall
in every case consult with the Director of Public
Personnel before recommending an ap-
pointment;

(e) if the Commission is unable to recommend any
candidate for appointment to the post, the
Commission may propose such arrangements as
may be necessary for recruitment to the post
from outside The Bahamas.

PART IV
DETERMINATION OF APPOINTMENT AND
EXTENSION OF PROBATIONARY SERVICE

25. Where a post, being one of a number of such
posts, is abolished, but one or more of such posts remain,
the Head of Department, or, in the case of the Register
General’s Department, the Permanent Secretary, shall
report to the Secretary making his recommendations, with
reasons therefor, as to which of the substantive holders of
such posts shall have his appoinment terminated. The
Commission shall thereupon make its recommendations
thereon to the Governor-General.

Termination of
appointment on
abolition of
office.

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26. If a Head of Department or, in the case of the
Registrar General’s Department, the Permanent Secretary,
is of the opinion that the appointment of a non-pensionable
judicial or legal officer should be terminated (otherwise
than as provided in regulation 28 and 42 of these
Regulations) the Head of Department, or the Permanent
Secretary, as the case may be, shall, in writing, set out his
reasons and require the officer to show cause, in writing,
why his service should not be terminated; if no reply is
received within two weeks of the receipt thereof or if the
Head of Department or the Permanent Secretary, as the
case may be, considers that no adequate cause has been
shown, the Head of Department or the Permanent
Secretary, as the case may be, shall report the case, giving
his reasons and forwarding any representations made by
the officer to the Secretary, and the Commission shall
recommend to the Governor-General whether the
appointment should be terminated.

27. (1) Where a judicial or legal officer holds an
appointment subject to a period on probation, which period
shall in no case be less than twelve months, six weeks
before the expiration of the probationary period the Head of
Department or the Permanent Secretary, as the case may be,
shall consider whether such officer should on such
expiration be confirmed in an established post or should
serve a further period on probation or should not remain in
the public service. If he considers that the officer should
serve a further period on probation or should not remain in
the public service, and in every case in which he considers
that the officer should be confirmed in an established post,
he shall report the matter together with his reasons therefor
to the Secretary; and the Commission shall make its
recommendations to the Governor-General upon the matter.

(2) Where a judicial or legal officer holds a
probationary appointment and the Head of Department, or
the Permanent Secretary, as the case may be, at any time
during the period of such probationary appointment is of
the opinion that such appointment should be terminated,
the Head of Department, or the Permanent Secretary, as the
case may be, shall follow the procedure provided in
paragraph (1) of this regulation in respect of an officer
whom he considers should not remain in the public service,
as the circumstances require.

Termination of
non-pensionable
appointments.

Probationary
appointments.

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(3) Before either reaching a final conclusion or
deciding to make a report, as the case may be, under the
provisions of paragraph (1) or (2) of this regulation, that a
further period of probationary service by an officer is
necessary, or that an officer’s service should be terminated,
the Head of Department or the Permanent Secretary, as the
case may be, shall, if it appears prima facie that such a
conclusion may be reached or that such a report may be
required, call upon the officer concerned to submit his
representations on the matter.

PART V
DISCIPLINE

A. General
28. (1) Where a judicial or legal officer is serving

under a contract and where the Head of Department or the
Permanent Secretary, as the case may be, is of the opinion
that such contract should be terminated, he shall report the
matter to the Secretary together with the reasons for such
course; and the Commission shall recommend to the
Governor-General whether such course should be taken:
Provided that where it appears to the Chairman that there is
any doubt whether under the terms of the contract such
termination can be lawfully effected, the Chairman shall
refer the case to the Attorney-General for advice.

(2) Where a judicial or legal officer is serving under
a contract which provides for the payment of a gratuity on
completion of satisfactory service and where the Head of
Department or the Permanent Secretary, as the case may
be, is of the opinion that no gratuity or part only of such
gratuity should be paid, he shall report the matter to the
Secretary together with the reasons for such course. The
Chairman, if it appears to him that such an opinion can
prima facie be justified, shall call upon the officer
concerned to submit his representations on the matter and
the Commission shall recommend to the Governor-General
whether such gratuity should be paid in whole or in part.

29. Any act of alleged misconduct by a judicial or a
legal officer shall be dealt with under this Part of these
Regulations as soon as possible after the time of their
occurrence.

Premature
termination of
contract and
withholding of
gratuities.

Regulations to
govern
disciplinary
procedure.

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30. Any case not covered by these Regulations shall
be reported to the Secretary and the Commission shall
make recommendations to the Governor-General as to how
the case shall be dealt with.

31. (1) The Commission shall advise the Governor-
General on any such question involving disciplinary
control over public officers as is required to be submitted
to the Governor-General by virtue of Article 117 of the
Constitution.

(2) Where in any case the Commission is of the
opinion that disciplinary proceedings should be instituted
against a judicial or legal officer the Commission may,
notwithstanding the provisions of these Regulations, direct
the Head of Department, or the Permanent Secretary, as the
case may be, to initiate such proceedings:

Provided that in any case where it appears to the
Commission that the conduct of the officer in question may
constitute a criminal offence, the case shall be referred to
the Attorney-General; and where the Attorney-General
advises that is intended to institute criminal proceedings in
respect thereof, the Commission shall postpone considera-
tion of the giving of such a direction until the conclusion of
such proceedings and any appeal therefrom.

32. When a preliminary investigation or a disciplinary
inquiry discloses than an offence against any law may have
been committed by a judicial or legal officer, the Head of
Department or the Permanent Secretary, as the case may be,
shall unless action by the police has been or is about to be
taken, consult the Attorney-General as to whether a
prosecution should be instituted and, if he does not advise a
prosecution, as to whether disciplinary action should be taken
or continued under the appropriate regulation. In the latter
case the charges framed against the officer shall be approved
by the Attorney-General before the officer is required to
answer them or before the inquiry proceeds.

33. Where criminal proceedings are instituted against
a judicial or legal officer in any court, proceedings for his
dismissal upon any grounds involved in the criminal
charge shall not be taken until the conclusion of the
criminal proceedings and the determination of any appeal
therefrom.

Cases not
otherwise
provided for.

Functions of the
Commission with
regard to
discipline.
S.I. 80/1975, r. 4.

Grounds for
criminal
prosecution.

No dismissal
while criminal
proceedings
pending.

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34. No disciplinary action of any kind shall be taken
against any judicial or legal officer in respect of any
conduct, or any conduct raising, in the opinion of the
Attorney-General, substantially the same issues as conduct
in respect of which he has been acquitted in a criminal
court.

35. (1) Subject to paragraph (3) of this regulation,
any judicial or legal officer, in respect of whom a
disciplinary inquiry is to be held, shall be entitled at or
before the commencement of the inquiry to receive, free of
charge, a copy of every document that is to be relied on for
the purpose of or in connection with establishing his guilt,
or in default thereof shall be allowed access thereto.

(2) Subject as aforesaid, any judicial or legal officer
in respect of whom a disciplinary inquiry has been held,
shall be entitled, after the conclusion of such inquiry, to
receive a copy of every document tendered in evidence at
such inquiry on the payment of twenty-five cents therefore,
and a copy of the record of evidence on payment of five
cents for every hundred words after the first hundred words
of that record.

(3) Nothing in this regulation shall entitle any
person to receive any copy of any official document (not
being a document given in evidence at any inquiry) or any
recorded reason for any decision reached at any inquiry.

36. (1) Where the Commission considers that the
interests of the public service require that a judicial or legal
officer should cease forthwith to exercise the powers and
functions of his office, the Commission may interdict him
from the exercise of those powers and functions if
disciplinary proceedings for his dismissal are being taken
or are about to be taken or if criminal proceedings are
being instituted against him.

(2) An officer who is interdicted shall, subject to the
provision of regulation 37, receive such emoluments, not
being less than half as the Commission thinks fit.

(3) Where any disciplinary proceedings mentioned
in paragraph (1) do not result in the dismissal of the officer
or in the award against him of any punishment, the whole
of any emoluments withheld from him shall be restored to
him when the final decision is made; but where any
punishment, not amounting to dismissal, is awarded


Disciplinary
action after
acquittal on a
criminal charge.

Copies of
evidence of
inquiries.

Interdiction.

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against him there shall be restored to him such proportion,
if any, of any emoluments withheld from him as in the
opinion of the Commission is justified in the circumstances
of the case.

37. Where any judicial or legal officer is convicted
by any criminal court of an offence, and is dismissed from
the service on account of such conviction, he shall, with
effect from the date of such conviction and until his
dismissal, be entitled to receive such emoluments, if any,
as the Commission may think fit.

Provided that any emoluments withheld from an
officer pursuant to this regulation shall be restored to the
officer in any case where any such conviction as aforesaid
is quashed pursuant to the decision of any higher court.

38. (1) An officer who is under interdiction shall not
leave the Commonwealth of The Bahamas without the
permission in writing of the Commission.

(2) It shall be the duty of an officer under
interdiction to leave with the Secretary an address, within
or outside the Commonwealth of The Bahamas, as the case
may be, where he may at any time be contacted and any
notice or other communication delivered for him at that
address by order of the Commission shall be deemed duly
served.

39. (1) The following punishments may be ordered
as a result of proceedings under these Regulations —

(a) dismissal;
(b) reduction in rank;
(c) reduction in salary;
(d) deferment of increment;
(e) withholding of increment;
(f) reprimand;
(g) forfeiture of any part of any emoluments

withheld during any period of interdiction under
the provisions of regulations 37:

Provided that nothing in this paragraph shall limit
any power conferred under regulation 26, 27, 28 and 43 to
terminate the appointment of a judicial or legal officer or
any power conferred in these Regulations to require a
judicial or legal officer to retire from the public service in
the public interest.

Non-payment of
salary on
conviction on
criminal charge.

Interdicted
officers not to
leave The
Bahamas.

Punishments.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Notwithstanding the provisions of paragraph (1)
of this regulation, on completion of proceedings instituted
for dismissal of a judicial or legal officer, the Governor-
General, acting on the recommendation of the Commis-
sion, may, if of the opinion that the proceedings disclose
grounds for requiring him to retire in the public interest,
require him to do so.

(3) Where a Head of Department, or the Permanent
Secretary, as the case may be, is of the opinion that a
judicial or legal officer should be required to retire in the
public interest, he shall make a report to the Secretary. The
Commission shall, after causing such a further enquiry to
be made as appears necessary, recommend to the
Governor-General whether the officer should be required
to retire in the public interest.

B. Proceedings Against Judicial and Legal Officers
40. (1) Where a Head of Department or the

Permanent Secretary, as the case may be, considers it
necessary to institute proceedings against a judicial or legal
officer who is serving in a department under his supervision,
on grounds of misconduct which, if proved, would justify
his dismissal from the public service, he shall cause such
preliminary investigation to be made as he considers
necessary and shall report the facts to the Secretary. The
Chairman shall, after considering the report —

(a) if he considers that a charge should be made
against the officer and after consulting the
Attorney-General as to the terms of the charge,
forward to the officer a statement of the charge
preferred against him together with a brief
statement of the particulars of the allegation upon
which the charge is based, in so far as they are
not clear from the charge itself; and shall call
upon the accused officer to state in writing,
within such reasonable time as shall be specified,
any grounds upon which he relies to exculpate
himself; or

(b) if he considers that, if the offence is proved,
some penalty other than dismissal is likely to be
appropriate, arrange for the procedure set out in
regulation 26, 27, 28 or 42, as the case may be,
of these Regulations to be followed.

Proceedings for
dismissal.

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(2) If the officer does not furnish a reply to any
charge forwarded under sub-paragraph (a) of paragraph (1)
of this regulation within the period specified, or if, in the
opinion of the Chairman he fails to exculpate himself, the
Governor-General may cause a committee to be appointed
to inquire into the matter. One member of the committee
shall be a judge, magistrate or a public officer with legal
qualifications who shall be chairman. The Head of
Department under whom the officer is serving shall not be
a member of the committee.

(3) The committee shall inform the accused officer
that on a specified day the charge made against him will be
investigated by them and that he will be allowed or, if the
committee shall so determine, will be required, to appear
before the committee.

(4) If witnesses are examined by the committee the
accused officer shall be given an opportunity of being
present and of putting questions on his behalf to the
witnesses, and no documentary evidence shall be used
against him unless he has been previously supplied with a
copy thereof or given access thereto.

(5) The committee may permit the Head of Depart-
ment or the Permanent Secretary or the accused officer to
be represented by a public officer or a legal practitioner:

Provided that where the committee permit the one
party to be so represented they shall permit the other party
to be represented in the same manner.

(6) If during the course of the inquiry grounds for the
framing of an additional charge against the accused officer
are disclosed, the committee shall so inform the Secretary,
and if the Chairman thinks fit to recommend proceedings
against the accused officer upon such grounds, the same
procedure shall be followed in respect of the additional
charge as was adopted in respect of the original charge.

(7) The committee, having inquired into the matter,
shall forward their report thereon to the Chairman,
accompanied by the record of the charges made, the
evidence taken and any other proceedings relevant to the
inquiry.

(8) The Commission, after consideration of the report
of the committee, may if it is of the opinion that the report
should be amplified in any way or that further investigation is
desirable, refer the matter back to the committee for


56 THE CONSTITUTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

further investigation and report. The Commission shall
forward the written proceedings of the inquiry to the
Governor-General together with its recommendation as to
the punishment, if any, which should be inflicted on the
accused officer. The decision on each charge preferred
against the accused officer shall be communicated to him
(but not the reasons for the decision).

41. (1) Where a Head of Department, or the
Permanent Secretary, as the case may be, considers it
necessary to institute disciplinary proceedings against a
judicial or legal officer and is of the opinion that the
misconduct alleged is not serious enough to warrant
dismissal, he shall investigate the matter in such manner as
he thinks proper or he may request the Chairman to cause an
investigation to be made; in either case the officer shall be
entitled to know the whole case against him and shall be
given adequate opportunity of making his defence.

(2) If as a result of an investigation referred to in
paragraph (1) of this regulation the Head of Department, or
the Permanent Secretary, as the case may be, is of the
opinion that the allegation is proved, he shall make a report
to the Secretary.

(3) The Commission shall, if it endorses the opinion
of the Head of Department or the Permanent Secretary, as
the case may be, make recommendations to the Governor-
General as to what penalty, if any, should be inflicted on
the officer.

(4) The decision on each charge preferred against the
officer shall be communicated to him (but not the reasons
for the decision) by the Secretary.

(5) Notwithstanding the provisions of this
regulation, if at any stage during proceedings it appears to
the Commission that —

(a) the offence, if proved, would justify dismissal; or
(b) if the offence is proved, proceedings for the

retirement of the officer from the public service
in the public interest would be more appropriate;

such proceedings shall be discontinued and the procedure
in regulation 40 or 42, as the case may be, shall be
followed.

Proceedings for
misconduct not
warranting
dismissal.

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42. (1) If a Head of Department, or the Permanent
Secretary, as the case may be, considers that it is desirable
in the public interest that a judicial or legal officer serving
in his department should be required to retire from the
public service on grounds which cannot suitably be dealt
with under any other regulation, he shall report the matter
to the Secretary.

(2) The Chairman may obtain from any public
officer under whom such judicial or legal officer has served,
a report as to his work and conduct, and may allow any such
officer to show cause why he should not be retired from the
public service and to make a written statement, if he so
desires.

(3) The Commission shall consider the officer’s
statement and all the circumstances of the case and shall
recommend to the Governor-General whether or not the
officer should be retired.

(4) If the Commission recommends that the officer
shall be retired from the public service, the Commission
shall further recommend whether the officer should be
granted the full pension or gratuity for which he is eligible
or a reduced pension, or reduced gratuity, or no pension or
no gratuity, as the case may be.

43. Where any judicial or legal officer is convicted
by any court, on a criminal charge, the Head of Department
or the Permanent Secretary, as the case may be, shall bring
the matter to the notice of the Secretary. The Secretary
shall write to the officer concerned to make any
representations he desires concerning the conviction. The
Commission shall consider the conviction (and the
proceedings if available) and if, after considering any
representations made by the officer, it is of the opinion that
the officer should be dismissed or subjected to some other
disciplinary penalty on account of the conviction, the
Commission shall recommend to the Governor-General
that such penalty should be inflicted without following the
procedure prescribed in regulation 40 or 41 of these
Regulations.

C. Procedure on Admission of Offences
44. Where the facts giving rise to any charge made

against an officer under regulation 40 or 41 are admitted by
that officer in writing, a record of the case together with
the comments of the Head of Department or the


Proceedings
against a judicial
or legal officer
for retirement in
the public
interest.

Criminal
conviction of a
judicial or legal
officer.

Admission of
offence.

58 THE CONSTITUTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Permanent Secretary, as the case may be, shall be
forwarded to the Secretary and the Commission shall, after
causing such further inquiry to be made as appears
necessary, recommend to the Governor-General what
punishment if any should be inflicted on the officer.

D. Miscellaneous
45. Where any judicial or legal officer is absent

from duty without leave or reasonable cause for a period
exceeding seven days and the officer cannot be found
within a period of fourteen days of commencement of such
absence or, if found, no reply to a charge of absence
without leave is received from him within ten days after
the dispatch of the charge to him, the Head of Department
or the Permanent Secretary, as the case may be, shall report
the matter to the Secretary and the Commission shall make
its recommendation to the Governor-General thereon.

46. (1) If a Head of Department, or the Permanent
Secretary, as the case may be, is of the opinion that an
annual increment in salary of a judicial or legal officer
holding a post in his department should be deferred or
withheld on the ground of unsatisfactory service during the
previous year, or for a failure to pass a prescribed
examination, he shall make a confidential report to the
Secretary giving the reasons therefor and the Commission
shall make a recommendation to the Governor-General on
the matter.

(2) If a Head of Department, or the Permanent
Secretary, as the case may be, is of the opinion that an
annual increment in salary of a judicial or legal officer
which has been deferred or withheld should be granted, he
shall make a confidential report to the Secretary giving the
reasons therefor and the Commission shall make recom-
mendations to the Governor-General on the matter.

(3) Where the award of the increment has been
deferred the increment may be granted as from the
incremental date, in which case the arrear of salary due
may be paid to the officer concerned.

Absence from
duty without
leave.

Withholding and
restriction of
increments.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) Where the increment has been withheld for a
period of less than one year, the officer concerned shall be
entitled to draw the increased salary as from the day
following the close of the period for which the increment
has been withheld and shall be eligible for a further
increment on the next incremental date.

(5) Where the increment has been withheld for a year,
the officer concerned shall be eligible for one increment and
no more on the next incremental date.
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