Criminal Justice (International Co-operation) Act


Published: 2000-12-29

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Criminal Justice (International Co-operation) Act
CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) [CH.105 – 1




LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CRIMINAL JUSTICE (INTERNATIONAL CO-
OPERATION)

CHAPTER 105

CRIMINAL JUSTICE
(INTERNATIONAL CO-OPERATION)


LIST OF AUTHORISED PAGES

1 – 8 LRO 1/2008
9 – 12 LRO 1/2002
13 – 14 Original
15 – 16 LRO 1/2002
17 – 18 LRO 1/2008
19 Original


ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY


SECTION

1. Short title.
2. Interpretation.


PART II
CRIMINAL PROCEEDINGS AND INVESTIGATIONS

Mutual Service of Process

3. Service of overseas process in The Bahamas.
4. Service of Bahamian process overseas.


Mutual Provision of Evidence
5. Overseas evidence for use in The Bahamas.
6. Bahamian evidence for use overseas.


Additional Co-operation Powers
7. Transfer of Bahamian prisoner to give evidence overseas.
8. Transfer of overseas prisoner to give evidence in The Bahamas.
9. Enforcement of overseas forfeiture orders.

CH.105 – 2] CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)




STATUTE LAW OF THE BAHAMAS LRO 1/2008

Supplementary
10. Rules of court.
11. Application to proceedings involving Defence personnel.


PART III
THE VIENNA CONVENTION

Interpretation

12. Interpretation of Part III.


Offences at Sea

13. Offences on Bahamian registered ships.
14. Ships used for illicit traffic.
15. Enforcement powers.
16. Enforcement powers of Convention state in territorial waters.
17. Jurisdiction and prosecutions.


PART IV
GENERAL


18. Expenses and receipts.

FIRST SCHEDULE — Bahamian Evidence for Use Overseas: Proceedings of Nominated Court.
SECOND SCHEDULE — Enforcement Powers in respect of Ships.



CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) [CH.105 – 3




LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CHAPTER 105

CRIMINAL JUSTICE
(INTERNATIONAL CO-OPERATION)

An Act to enable The Bahamas to co-operate with
other countries in criminal proceedings and investigations;
to enable The Bahamas to join with other countries in
implementing the Vienna Convention against illicit traffic
in narcotic drugs and psychotropic substances; and for
connected purposes.

[Commencement 29th December, 2000]

PART I
PRELIMINARY

1. This Act may be cited as the Criminal Justice
(International Co-operation) Act.

2. In this Act —
“the Commissioner” means the Commissioner of

Police;
“controlled drug” means a drug to which Parts II, III

and IV of the Dangerous Drugs Act apply.

PART II
CRIMINAL PROCEEDINGS AND INVESTIGATIONS

Mutual Service of Process
3. (1) This section has effect where the Attorney-

General receives from the government of, or other
authority in, a country outside The Bahamas —

(a) a summons or other process requiring a person
to appear as defendant or attend as a witness in
criminal proceedings in that country; or

(b) a document issued by a court exercising criminal
jurisdiction in that country and recording a
decision of the court made in the exercise of that
jurisdiction,

together with a request for that process or document to be
served on a person in The Bahamas.

(2) The Attorney-General may cause the process or
document to be served by post or, if the request is for

42 of 2000
S.I. 128/2001
39 of 2007

Short title.

Interpretation.

Ch. 228.

Service of
overseas process
in The Bahamas.

CH.105 – 4] CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)




STATUTE LAW OF THE BAHAMAS LRO 1/2008

personal service, direct the Commissioner to cause it to be
personally served on the person concerned.

(3) Service by virtue of this section of any such
process or document as is mentioned in subsection (1) shall
not impose any obligation under the law of The Bahamas
to comply with it.

(4) Any such process or document served by virtue of
this section shall be accompanied by a notice —

(a) stating the effect of subsection (3);
(b) indicating that the person on whom it is served

may wish to seek advice as to the possible
consequences of his failing to comply with the
process under the law of the country or territory
where it was issued; and

(c) indicating that under that law he may not, as a
witness, be accorded the same rights and
privileges as would be accorded in criminal
proceedings in The Bahamas.

(5) Where the Commissioner is directed under this
section to cause any process or document to be served, he
shall after it has been served forthwith inform the
Attorney-General when and how it was served and, if
possible, furnish him with a receipt signed by the person on
whom it was served; and if the Commissioner has been
unable to cause the process or document to be served he
shall forthwith inform the Attorney-General of that fact
and of the reason.

4. (1) Process of the following descriptions, that is to
say —

(a) a summons requiring a person charged with an
offence to appear before a court in The
Bahamas; and

(b) a summons or order requiring a person to attend
before a court in The Bahamas for the purpose
of giving evidence in criminal proceedings,

may be issued or made notwithstanding that the person in
question is outside The Bahamas and may be served
outside The Bahamas in accordance with arrangements
made by the Attorney-General.

(2) Service of any process outside The Bahamas by
virtue of this section shall not impose any obligation under
the law of The Bahamas to comply with it and accordingly
failure to comply shall not constitute contempt of any court

Service of
Bahamian
process overseas.

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) [CH.105 – 5




LRO 1/2008 STATUTE LAW OF THE BAHAMAS

nor is it a ground for issuing a warrant to secure the
attendance of the person in question.

(3) Subsection (2) is without prejudice to the service of
any process (with usual consequences for non-compliance) on
the person in question if subsequently effected in The
Bahamas.

Mutual Provision of Evidence
5. (1) On an application made in accordance with

subsection (2), a Judge or Stipendiary and Circuit
Magistrate shall issue a letter (“a letter of request”)
requesting assistance in obtaining such evidence as is
specified in the letter for use in the proceedings or
investigation of an offence.

(2) An application under subsection (1) may be
made by the Attorney-General or, if proceedings have been
instituted, by the person charged in those proceedings.

(3) The Attorney-General may issue a letter of request
if he is satisfied —

(a) that an offence has been committed or that there
are reasonable grounds for suspecting that an
offence has been committed; and

(b) that proceedings in respect of the offence have
been instituted or that the offence is being
investigated.

(4) Subject to subsection (5), a letter of request shall
be sent to the Attorney-General for transmission either —

(a) to a court or tribunal specified in the letter and
exercising jurisdiction in the place where the
evidence is to be obtained; or

(b) to any authority recognised by the government
of the country in question as the appropriate
authority for receiving requests for assistance of
the kind of which this section applies.

(5) In cases of urgency a letter of request may be sent
directly to such a court or tribunal as is mentioned in
subsection (4)(a).

(6) In this section “evidence” includes documents and
other articles.

(7) Evidence obtained by virtue of a letter of request
shall not without the consent of such an authority as is
mentioned in subsection (4)(b) be used for any purpose

Overseas
evidence for use
in The Bahamas.

CH.105 – 6] CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)




STATUTE LAW OF THE BAHAMAS LRO 1/2008

other than that specified in the letter; and when any
document or other article obtained pursuant to a letter of
request is no longer required for that purpose (or for any
other purpose for which such consent has been obtained), it
shall be returned to such authority unless that authority
indicates that the document or article need not be returned.

6. (1) This section has effect where the Attorney-
General receives —

(a) from a court or tribunal exercising criminal
jurisdiction in a country outside The Bahamas or
a prosecuting authority in such a country; or

(b) from any other authority in such a country which
appears to him to have the function of making
requests of the kind to which this section
applies,

a request for assistance in obtaining evidence in The
Bahamas in connection with criminal proceedings that
have been instituted, or a criminal investigation that is
being carried on, in that country.

(2) If the Attorney-General is satisfied —
(a) that an offence under the law of the country in

question has been committed or that there are
reasonable grounds for suspecting that such an
offence has been committed; and

(b) that proceedings in respect of that offence have
been instituted in that country or that an
investigation into that offence is being carried
on in that country,

he may cause an application to be made ex parte to the
Supreme Court by an originating summons for an order to
give effect to the request.

(3) A court to which an application is made
pursuant to subsection (2) shall have jurisdiction to
entertain the application and to make such order as it sees
fit to give effect to the request.

(4) Subject to the provisions of this Act the
procedure applicable to an application under the provisions
of Order 65 of the Rules of the Supreme Court pertaining
to the obtaining of evidence for use abroad and the mode of
carrying out and enforcement of any order of the Supreme
Court shall mutatis mutandis apply to an application
pursuant to subsection (2).

Bahamian
evidence for use
overseas.
39 of 2007.

Ch. 53, Sub. Leg,
Vol. II.

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) [CH.105 – 7




LRO 1/2008 STATUTE LAW OF THE BAHAMAS

(5) For the purpose of satisfying himself as to the
matters mentioned in subsections (2)(a) and (b) the
Attorney-General shall regard as conclusive a certificate
issued by such authority in the country in question as
appears to him to be appropriate.

(6) In this section, “evidence” includes documents
and other articles.

(7) The First Schedule shall have effect with respect
to the proceedings before the court in pursuance of the
application under subsection (2).

(8) Where it appears to the Attorney-General that
the request relates exclusively to a fiscal offence he shall
not exercise his powers under subsection (2) unless the
request is made pursuant to a treaty to which The Bahamas
is a party.

Additional Co-operation Powers
7. (1) The Attorney-General may, if he thinks fit,

issue a warrant providing for any person (a “prisoner”)
serving a sentence in a prison in The Bahamas to be
transferred to a country outside The Bahamas for the
purpose —

(a) of giving evidence in criminal proceedings there;
or

(b) of being identified in, or otherwise by his
presence assisting in, such proceedings or the
investigation of an offence.

(2) No warrant shall be issued under this section in
respect of a prisoner unless he has consented to being
transferred as mentioned in subsection (1), and that
consent may be given either —

(a) by the prisoner himself; or
(b) in circumstances in which it appears to the

Attorney-General inappropriate, by reason of the
prisoner’s physical or mental condition or his
youth, for him to act for himself, by a person
appearing to the Attorney-General to be an
appropriate person to act on his behalf,

but a consent once given is not capable of being withdrawn
after the issue of the warrant.

(3) The effect of a warrant under this section is to
authorise —

First Schedule.

Transfer of
Bahamian
prisoner to give
evidence
overseas.

CH.105 – 8] CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)




STATUTE LAW OF THE BAHAMAS LRO 1/2008

(a) the taking of the prisoner to a place in The
Bahamas and his delivery at a place of departure
from The Bahamas into the custody of a person
representing the appropriate authority of the
country to which the prisoner is to be trans-
ferred; and

(b) the bringing of the prisoner back to The
Bahamas and his transfer in custody to the place
where he is liable to be detained under the
sentence to which he is subject.

(4) Where a warrant has been issued in respect of a
prisoner under this section he shall be deemed to be in
legal custody at any time when, being in The Bahamas or
on board a ship or aircraft registered in The Bahamas, he
is being taken under the warrant to or from any place or
being kept in custody under the warrant.

(5) A person authorised by or for the purposes of
the warrant to take the prisoner to or from any place or to
keep him in custody has all the powers, authority,
protection and privileges of a police officer.

(6) If the prisoner escapes or is unlawfully at large,
he may be arrested without warrant by a police officer and
taken to any place to which he may be taken under the
warrant issued under this section.

(7) This section applies to a person in custody
awaiting trial or sentence and a person committed to
prison for default in paying a fine as it applies to a
prisoner, and the reference in subsection (3)(b) to a
sentence shall be construed accordingly.

8. (1) This section has effect where —
(a) a witness order has been made or a witness

summons issued in criminal proceedings in The
Bahamas in respect of a person (a “prisoner”)
who is detained in custody in a country outside
The Bahamas by virtue of a sentence or order of
a court or tribunal exercising criminal jurisdic-
tion in that country; or

Transfer of
overseas prisoner
to give evidence
in The Bahamas.

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) [CH.105 – 9


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(b) it appears to the Attorney-General that it is
desirable for a prisoner to be identified in, or
otherwise by his presence to assist in, such
proceedings or the investigation in The Bahamas
of an offence.

(2) If the Attorney-General is satisfied that the
appropriate authority in the country where the prisoner is
detained will make arrangements for him to come to The
Bahamas to give evidence pursuant to the witness order or
witness summons or, as the case may be, for the purpose
mentioned in subsection (1)(b), he may issue a warrant
under this section.

(3) A warrant shall not be issued under this section
in respect of a prisoner unless he has consented to being
brought to The Bahamas to give evidence as aforesaid or,
as the case may be, for the purpose mentioned in
subsection (1)(b); but a consent once given is not capable
of being withdrawn after the issue of the warrant.

(4) The effect of the warrant is to authorise —
(a) the bringing of the prisoner to The Bahamas;
(b) the taking of the prisoner to, and his detention in

custody at, such place or places in The Bahamas
as are specified in the warrant; and

(c) the returning of the prisoner to the country from
which he has come.

(5) Subsections (4) to (7) of section 7 shall have
effect in relation to a warrant issued under this section as
they have effect in relation to a warrant issued under that
section.

(6) A person is not subject to the Immigration Act
in respect of his entry into or presence in The Bahamas in
pursuance of a warrant under this section, but if the
warrant ceases to have effect while he is still in The
Bahamas he shall be treated for the purposes of that Act
as if he has then illegally entered The Bahamas.

9. (1) The Attorney-General may by order provide
for the enforcement in The Bahamas of any order which —

(a) is made by a court in a country outside The
Bahamas designated for the purposes of this
section by such order;

Ch. 191.

Enforcement of
overseas
forfeiture orders.

CH.105 – 10] CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)




STATUTE LAW OF THE BAHAMAS LRO 1/2002

(b) is for the forfeiture and destruction, or the
forfeiture and other disposal, of anything in
respect of which an offence to which this section
applies has been committed, or which was used
in connection with the commission of such an
offence.

(2) Without prejudice to the generality of subsection
(1), an order made under this section may provide for the
registration by a court in The Bahamas of any order as a
condition of its enforcement and prescribe requirements to
be satisfied before an order can be registered.

(3) An order made under this section may include
such supplementary and incidental provisions as appear to
be necessary or expedient and may apply for the purposes
of the order, with such modifications as appear to the
Attorney-General to be appropriate, any provisions
relating to confiscation or forfeiture orders under any
other written law.

(4) An order made under this section may make
different provisions for different cases.

(5) This section applies to any offence which
corresponds to or is similar to an offence under
theDangerous Drugs Act, 2000, or an offence as defined in
the Proceeds of Crime Act, 2000.

Supplementary
10. (1) Provision may be made by rules of court for

any purpose for which it appears to the authority having
power to make the rules that it is necessary or expedient
that provision should be made in connection with any of
the provisions of this Part.

(2) Rules made for the purposes of the First Schedule
may, in particular, make provision with respect to the
persons entitled to appear or take part in the proceedings to
which that Schedule applies for excluding the public from
any such proceedings.

(3) An order made under section 9 may authorise the
making of rules of court for any purpose specified in the
order.

(4) This section is without prejudice to the generality
of any existing power to make rules.

S.I. 128/2001.

Ch. 228.
Ch. 93.

Rules of court.

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) [CH.105 – 11


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11. (1) Section 4 applies also to a summons
requiring a person charged with a civil offence to appear
before a court-martial or to attend before such a court for
the purpose of giving evidence in proceedings for such an
offence; and a warrant may be issued under section 8
where —

(a) such a summons has been issued in respect of a
prisoner within the meaning of that section; or

(b) it appears to the Attorney-General that it is
desirable for such a prisoner to be identified in,
or otherwise by his presence to assist in, such
proceedings or the investigation of such an
offence.

(2) Section 7 applies also to a person serving a
sentence of detention imposed by a court-martial or
detained in custody awaiting trial by such a court.

(3) In this section —
“civil offence” has the meaning assigned to it in

section 78 of the Defence Act;
“court-martial” means a court exercising jurisdiction

in relation to a civil offence under section 78 of
the Defence Act.

PART III
THE VIENNA CONVENTION

Interpretation
12. (1) In this Part —
“Convention state” means a state which is a party to

the Vienna Convention;
“enforcement vessel of a Convention state” means a

warship or other ship of that state, authorised by
the state to be on its service other than its
commercial service, clearly identifiable as
being on such service and having on board law
enforcement officials of that state and includes
any boat or aircraft carried on such ship;

“enforcement vessel of The Bahamas” means a vessel
operated by the Royal Bahamas Defence Force,
the Royal Bahamas Police Force or by the
Customs Department;

Application to
proceedings
involving
Defence
personnel.

Ch. 211.

Ch. 211.

Interpretation of
Part III.

CH.105 – 12] CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)




STATUTE LAW OF THE BAHAMAS LRO 1/2002

“ship” includes any vessel used in navigation;
“the Vienna Convention” means the United Nations

Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances which was
signed in Vienna on 20th December, 1988;

(2) If in any proceedings under this Part of this Act
any question arises whether any country is a state or is a
party to the Vienna Convention, a certificate issued by or
under the authority of the Attorney-General shall be
conclusive evidence on that question.

Offences at Sea
13. Anything which would constitute an offence

under the Dangerous Drugs Act or an offence within the
meaning of the Proceeds of Crime Act, 2000 if done on
land in The Bahamas shall constitute that offence if done
on a ship registered in The Bahamas.

14. (1) This section applies to a ship registered in The
Bahamas or in a Convention state.

(2) A person is guilty of an offence if on a ship to
which this section applies, wherever it may be, he —

(a) has a controlled drug in his possession; or
(b) is in any way knowingly concerned in the

carrying or concealing of a controlled drug on
the ship,

knowing or having reasonable grounds to suspect that the
drug is intended to be imported or has been exported
contrary to the Dangerous Drugs Act, 2000 or to the law
of any state.

(3) A certificate purporting to be issued by or on
behalf of the government of any state to the effect that the
importation or exportation of a controlled drug is
prohibited by law of that state shall be evidence of the
matters stated.

(4) A person guilty of an offence under this section is
liable —

(a) in a case where the controlled drug is a Class A
drug —

Offences on
Bahamian
registered ships.
Ch. 228.
Ch. 93.

Ships used for
illicit traffic.

S.I. 128/2001.
Ch. 228.

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) [CH.105 – 13


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(i) on summary conviction, to a fine not
exceeding two hundred and fifty thousand
dollars or to imprisonment for a term not
exceeding five years or both;

(ii) on conviction on indictment, to a fine not
exceeding five hundred thousand dollars
or to imprisonment for life or both;

(b) in a case where the controlled drug is a Class B
drug —

(i) on summary conviction, to a fine not
exceeding one hundred and fifty thousand
dollars or to imprisonment for a term not
exceeding four years or both;

(ii) on conviction on indictment, to a fine not
exceeding three hundred thousand dollars or
to imprisonment for a term not exceeding
twenty years or both;

(c) in a case where the controlled drug is a Class C
drug —

(i) on summary conviction, to a fine not
exceeding seventy-five thousand dollars or
to imprisonment for a term not exceeding
three years or both;

(ii) on conviction on indictment, to a fine not
exceeding one hundred and fifty, thousand
dollars or to imprisonment for a term not
exceeding ten years or both.

(5) The Minister of Health may make regulations
dividing controlled drugs into classes A, B and C for
purposes of subsection (4).

15. (1) The powers conferred on an enforcement
officer by the Second Schedule shall be exercisable in
relation to any ship to which section 13 or 14 applies for
the purpose of detecting and the taking of appropriate
action in respect of the offences mentioned in those
sections.

(2) The powers shall not be exercised outside the
territorial waters of The Bahamas in relation to a ship
registered in a Convention state except with the authority
of the Attorney-General; and he shall not give his
authority unless that state has in relation to that ship —

Enforcement
powers.
Enforcement

CH.105 – 14] CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) requested the assistance of The Bahamas for the
purpose mentioned in subsection (1) ; or

(b) authorised The Bahamas to act for that purpose.
(3) In giving his authority pursuant to a request or

authorisation from a Convention state the Attorney-
General shall impose such conditions or limitations on the
exercise of the powers as may be necessary to give effect
to any conditions or limitations imposed by that state.

(4) The Attorney-General may either of his own
motion or in response to a request from a Convention state,
authorise a Convention state to exercise, in relation to a
Bahamian ship, powers corresponding to those conferred
on enforcement officers by the Second Schedule but
subject to such conditions or limitations, if any, as he may
impose.

(5) Subsection (4) is without prejudice to any
agreement made, or which may be made, on behalf of The
Bahamas whereby The Bahamas undertakes not to object
to the exercise by any other state powers corresponding to
those conferred by the Second Schedule.

(6) The powers conferred by the Second Schedule
shall not be exercised in the territorial waters of any state
without the authority of the Attorney-General and he shall
not give his authority unless that state has consented to the
exercise of those powers.

16. (1) Subject to this section, a Convention state
may, under an agreement made or which may be made by
or on behalf of The Bahamas exercise in relation to a ship
in the territorial waters of The Bahamas powers corre-
sponding to those conferred on enforcement officers by the
Second Schedule.

(2) A Convention state may exercise those powers in
relation to —

(a) any ship, when so authorised by an enforcement
officer of The Bahamas who is embarked on an
enforcement vessel of the Convention state;

(b) any ship which is pursued into the territorial
waters of The Bahamas by an enforcement vessel
of the Convention state; or

Enforcement
powers of
Convention state
in territorial
waters.

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) [CH.105 – 15


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(c) a ship other than a ship registered in The
Bahamas,

for the purpose of detecting and taking appropriate action
in respect of drug offences.

(3) A Convention state shall, before exercising the
powers referred to in subsection (2)(b) and (c) —

(a) give advance notice of its proposed action in
relation to the ship to an enforcement officer of
The Bahamas;

(b) where it was not practical to do so at the time,
notify such officer of any action taken in relation
to the ship as soon as possible after its
occurrence.

(4) A Convention state shall not exercise the powers
referred to in subsections (2)(b) and (c) unless an
enforcement vessel of The Bahamas is not immediately
available to exercise enforcement powers in relation to the
ship.

17. (1) Proceedings under this Part or the Second
Schedule in respect of an offence on a ship may be taken,
and the offence may for all incidental purposes be treated
as having been committed, in any place in The Bahamas.

(2) No proceedings for an offence under section 14
alleged to have been committed outside the territorial
waters of The Bahamas on a ship registered in a
Convention state shall be instituted except in pursuance of
the exercise with the authority of the Attorney-General of
the powers conferred by the Second Schedule.

PART IV
GENERAL

18. (1) Any expenses incurred by the Attorney-
General under this Act shall be defrayed out of money
provided by Parliament.

(2) Any money representing cash forfeited under
Part III or accrued interest on any such money shall be paid
into the Consolidated Fund.

Jurisdiction and
prosecutions.

Second Schedule.

Expenses and
receipts.

CH.105 – 16] CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)




STATUTE LAW OF THE BAHAMAS LRO 1/2002

FIRST SCHEDULE (Section 6(5))

BAHAMIAN EVIDENCE FOR USE OVERSEAS:
PROCEEDINGS OF NOMINATED COURT

Securing Attendance of Witness
1. The court shall have the like powers for securing the

attendance of a witness for the purpose of the proceedings before
the court as it has for the purpose of other proceedings before the
court.

Power to Administer Oaths
2. The court may in the proceedings take evidence on oath.

Privilege of Witnesses
3. (1) A person shall not be compelled to give in the proceedings

any evidence which he could not be compelled to give —
(a) in criminal proceedings in The Bahamas; or
(b) subject to subparagraph (2) in criminal proceedings in the

country from which the request for the evidence has come.
(2) Subparagraph (1)(b) shall not apply unless the claim

of the person questioned to be exempt from giving the evidence
is conceded by the court, tribunal or authority which made the
request.

(3) Where such a claim made by any person is not conceded
as aforesaid he may (subject to the other provisions of this paragraph)
be required to give the evidence to which the claim relates but the
evidence shall not be transmitted to the court, tribunal or authority
which requested it if a court in the country in question, on the matter
being referred to it, upholds the claim.

(4) Without prejudice to subparagraph (1) a person shall
not be compelled under this Schedule to give any evidence if his
doing so would be prejudicial to the security of The Bahamas
and a certificate signed by or on behalf of the Minister of
National Security to the effect that it would be so prejudicial for
that person to do so shall be conclusive evidence of that fact.

(5) Without prejudice to subparagraph (1) a person shall not
be compelled under this Schedule to give any evidence in his capacity
as an officer or servant of the Crown.

(6) In this paragraph references to giving evidence include
references to answering any question and to producing any document
or other article and the references in subparagraph (3) to the
transmission of evidence given by a person shall be construed
accordingly.

S.I. 128/2001.

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Transmission of Evidence
4. (1) Unless an order of the Court made pursuant to an

application under section 6(2) otherwise directs, the evidence
obtained pursuant to such application shall be furnished to the
Registrar of the Supreme Court for forwarding to the Attorney-
General.

(2) If in order to comply with the request it is necessary for
the evidence to be accompanied by a certificate, affidavit or other
verifying documents, the court shall also furnish for transmission
such document of that nature.

(3) Where the evidence consists of a document the original
or a copy shall be transmitted, and where it consists of any other
article, the article itself or a description, photograph or other
representation of it shall be transmitted, as may be necessary in order
to comply with the request.

Supplementary
5. For the avoidance of doubt it is hereby declared that section

177 of the Evidence Act shall not apply to these proceedings.
6. No order for costs shall be made in the proceedings.

SECOND SCHEDULE (Section 15)

ENFORCEMENT POWERS IN RESPECT OF SHIPS
Preliminary

1. (1) In this Schedule “an enforcement officer” means —
(a) a police officer or a customs officer;
(b) a captain of any ship belonging to the Royal Bahamas Defence

Force and any person acting under the command of such
captain; and

(c) any other person of a description specified in an order made for the
purposes of this Schedule by the Attorney-General.
(2) In this Schedule “the ship” means the ship in relation to

which the powers conferred by this Schedule are exercised.

Power to Stop, Board, Divert and Detain
2. (1) An enforcement officer may stop the ship, board it and, if

he thinks it necessary for the exercise of his functions, require it to
be taken to a port in The Bahamas and detain it there.

39 of 2007, s. 3.

Ch. 65.

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(2) Where an enforcement officer is exercising his
powers with the authority of the Attorney-General given under
section 15(2) the officer may require the ship to be taken to a
port in the Convention state in question or, if that state has so
requested, in any other country willing to receive it.

(3) For any of those purposes in subparagraphs (1) and (2),
the enforcement officer may require the member of the crew to take
such action as may be necessary.

(4) If an enforcement officer detains a vessel he shall serve
on the master a notice in writing stating that it is to be detained until
the notice is withdrawn by the service on him of a further notice in
writing signed by an enforcement officer.

Power to Search and Obtain Information
3. (1) An enforcement officer may search the ship, anyone on it

and anything on it including its cargo.
(2) An enforcement officer may require any person on the

ship to give information concerning himself or anything on the ship.
(3) Without prejudice to the generality of those powers an

enforcement officer may —
(a) open any containers;
(b) make tests and take samples of anything on the ship;
(c) require the production of documents, books or records

relating to the ship or anything on it;
(d) make photographs or copies of anything whose production

he has power to require.

Powers in respect of Suspected Offence
4. If an enforcement officer has reasonable grounds to suspect

that an offence mentioned in section 13 or 14 has been committed
on a ship to which that section applies he may —
(a) arrest without warrant anyone whom he has reasonable

grounds for suspecting to be guilty of the offence; and
(b) seize and detain anything found on the ship which appears

to him to be evidence of the offence.

Assistants
5. (1) An enforcement officer may take with him, to assist

him in exercising his powers —
(a) any other persons; and
(b) any equipment or materials.

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(2) A person whom an enforcement officer takes with him to
assist him may perform any of the officer’s functions but only under
the officer’s supervision.

Use of Reasonable Force
6. An enforcement officer may use reasonable force, if

necessary, in the performance of his functions.

Evidence of Authority
7. An enforcement officer shall, if required, produce evidence of

his authority.

Protection of Officers
8. An enforcement officer shall not be liable in any civil or

criminal proceedings for anything done in the purported perfor-
mance of his functions under this Schedule if the court is satisfied
that the act was done in good faith and that there were reasonable
grounds for doing it.

Offences
9. (1) A person is guilty of an offence if he —

(a) intentionally obstructs an enforcement officer in the perfor-
mance of any of his functions under this Schedule;

(b) fails without reasonable excuse to comply with a requirement
made by an enforcement officer in the performance of those
functions; or

(c) in purporting to give information required by an enforcement officer
for the performance of those functions —

(i) makes a statement which he knows to be false in a
material particular or recklessly makes a statement
which he knows to be false in a material particular;
or

(ii) intentionally fails to disclose any material
information.

(2) A person guilty of an offence under this paragraph is
liable —
(a) on summary conviction, to a fine not exceeding five thousand

dollars or to imprisonment for a term not exceeding two years
or both;

(b) on conviction on indictment, to a fine not exceeding ten
thousand dollars or to imprisonment for a term not exceeding
ten years, or both.