Fugitive Offenders (Bahama Islands) Order

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1968/1968-0007/FugitiveOffendersBahamaIslandsOrder_1.pdf
Published: 1968-01-01

Fugitive Offenders (Bahama Islands) Order
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CHAPTER 91

CRIMINAL PROCEDURE CODE
Subsidiary Legislation under the Fugitive Offenders Act,

1967 (1967 c. 68) of the United Kingdom
S.I. 1967 No. 1904.

FUGITIVE OFFENDERS (BAHAMA ISLANDS)
ORDER, 19671

Made ................................... 20th December, 1967
Laid before Parliament ........ 29th December, 1967
Coming into Operation............... 1st January, 1968

At the Court at Buckingham Palace, the 20th day of
December, 1967.

Present,
The Queen’s Most Excellent Majesty in Council.
Her Majesty, in exercise of the powers conferred

upon Her by sections 17 and 20 of the Fugitive Offenders
Act 1967 2, is pleased, by and with the advice of Her Privy
Council, to order, and it is hereby ordered, as follows —

1. This Order may be cited as the Fugitive Offenders
(Bahama Islands) Order, 1967.

2. The Interpretation Act, 1889 3 shall apply, with
the necessary adaptations, for the purpose of interpreting
this Order and otherwise in relation thereto as it applies for
the purpose of interpreting, and in relation to, Acts of
Parliament.

3. Sections 1 to 15, inclusive, 19, 20, 21 and 22 of,
and Schedules 1 and 2 to, the Fugitive Offenders Act 1967,
modified and adapted as in the Schedule hereto, shall
extend to the Colony of the Bahama Islands:


1 As amended by S.I. 1968/292.
2 1967 c. 68.
3 1889 c. 63.

S.I. 7/1968.

Citation.

Interpretation.

Extension of
Fugitive
Offenders Act,
1967, to The
Bahamas.

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Provided that nothing in those sections and schedules
shall apply in relation to Southern Rhodesia.

4. The Fugitive Offenders (Extension) Order, 19674
is revoked in so far as it forms part of the law of the Colony
of the Bahama Islands.

SCHEDULE TO THE ORDER (Article 3)

PROVISIONS OF FUGITIVE OFFENDERS ACT, 1967 AS
EXTENDED TO THE COLONY

OF THE BAHAMA ISLANDS
Return of Offenders to the United Kingdom, Commonwealth

Countries,the Republic of Ireland and Dependencies
1. Subject to the provisions of this Act, a person found in

the Colony who is accused of a relevant offence in any other
country being —
(a) the United Kingdom; or
(b) a Commonwealth country designated for the purposes of this

section under section 2(1) of this Act, or the Republic of
Ireland; or

(c) a United Kingdom dependency as defined by section 2(2) of
this Act,

or who is alleged to be unlawfully at large after conviction of
such an offence in any such country, may be arrested and
returned to that country as provided by this Act.

2. (1) The Governor may, with the approval of the Secretary
of State, by order designate for the purposes of section 1 of this Act
any country for the time being mentioned in section 1(3) of the
British Nationality Act, 19485 (countries having separate citizen-
ship), or any other country within the Commonwealth; and any
country so designated is in this Act referred to as a designated
Commonwealth country.

(2) In this act the expression “United Kingdom dependency”
means —
(a) any colony (not being a colony for whose external relations a

country other than the United Kingdom is responsible);
(b) any associated state within the meaning of the West Indies

Act, 1967; and


4 S.I. 1967/1303 (1967 II, p. 3772).
5 1948 c. 56.

Revocation.

Persons liable to
be returned.

Designated
Commonwealth
countries and
United Kingdom
dependencies.

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(c) any country outside Her Majesty’s dominions (being a
country in which Her Majesty has jurisdiction, or over
which She extends protection in right of Her Government
in the United Kingdom) to which the Governor may, with
the approval of the Secretary of State, by order apply this
subsection,

not being in any case a country which is or forms part of a
designated Commonwealth country.

(3) The Governor may, with the approval of the Secretary
of State, by order direct that this Act shall have effect in relation to
the return of persons to, or in relation to persons returned from, the
United Kingdom, any designated Commonwealth country the
Republic of Ireland or any United Kingdom dependency subject to
such exceptions, adaptations or modifications as may be specified
in the order.

(4) For the purposes of any order under subsection (1) of
this section, any territory for the external relations of which a
Commonwealth country is responsible may be treated as part of
that country or, if the Government of that country so requests, as a
separate country.

3. (1) For the purposes of this Act an offence of which a
person is accused or has been convicted in the United Kingdom or a
designated Commonwealth country or the Republic of Ireland or a
United Kingdom dependency is a relevant offence if —
(a) in the case of an offence against the law of a designated

Commonwealth country or the Republic of Ireland, it is an
offence which, however described in that law, falls within any
of the descriptions set out in Schedule 1 to this Act, and is
punishable under that law with imprisonment for a term of
twelve months or any greater punishment;

(b) in the case of an offence against the law of the United
Kingdom or a United Kingdom dependency, it is punishable
under that law, on conviction by or before a superior court,
with imprisonment for a term of twelve months or any greater
punishment; and

(c) in any case, the act or omission constituting the offence, or the
equivalent act or omission, would constitute an offence
against the law of the Colony if it took place within the
Colony or, in the case of an extra-territorial offence, in
corresponding circumstances outside the Colony.
(2) In determining for the purposes of this section whether

an offence against the law of a designated Commonwealth country
or the Republic of Ireland falls within a description set out in
Schedule 1 to this Act, any special intent or state of mind or special
circumstances of aggravation which may be necessary to constitute
that offence under the law shall be disregarded.

Relevant
offences.

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(3) The descriptions set out in Schedule 1 to this Act include
in each case offences of attempting or conspiring to commit, of
assisting, counselling or procuring the commission of or being
accessory before or after the fact to the offences therein described,
and of impeding the apprehension of prosecution of persons guilty of
those offences.

(4) References in this section to the law of any country
(including the Colony) include references to the law of any part of
that country.

4. (1) A person shall not be returned under this Act to a
designated Commonwealth country or the Republic of Ireland, or
committed to or kept in custody for the purposes of such return, if it
appears to the Governor, to the court of committal or to the
Supreme Court on an application for habeas corpus —
(a) that the offence of which that person is accused or was

convicted is an offence of a political character;
(b) that the request for his return (though purporting to be made

on account of a relevant offence) is in fact made for the
purpose of prosecuting or punishing him on account of his
race, religion, nationality or political opinions; or

(c) that he might, if returned, be prejudiced at his trial or
punished, detained or restricted in his personal liberty by
reason of his race, religion, nationality or political opinions.
(2) A person accused of an offence shall not be returned

under this Act to any country, or committed to or kept in custody
for the purposes of such return, if it appears as aforesaid that if
charged with that offence in the Colony he would be entitled to be
discharged under any rule of law relating to previous acquittal or
conviction.

(3) A person shall not be returned under this Act to any
country, or committed to or kept in custody for the purposes of such
return, unless provision is made by the law of that country, or by an
arrangement made with that country, for securing that he will not,
unless he has first been restored or had an opportunity of returning
to the Colony, be dealt with in that country for or in respect of any
offence committed before his return under this Act other than —
(a) the offence in respect of which his return under this Act is

requested;
(b) any lesser offence proved by the facts proved before the

court of committal; or
(c) any other offence being a relevant offence in respect of which

the Governor may consent to his being so dealt with.
(4) Any such arrangement as is mentioned in subsection (3)

of this section may be an arrangement made for the particular case or


General
restrictions on
return.

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an arrangement of a more general nature; and for the purpose of
that subsection a certificate issued by or under the authority of
the Governor confirming the existence of an arrangement with
any country and stating its terms shall be conclusive evidence of
the matters contained in the certificate.

(5) The reference in this section to an offence of a political
character does not include an offence against the life or person of
the Head of the Commonwealth or any related offence described in
section 3(3) of this Act.

Proceedings for Return
5. (1) Subject to the provisions of this Act relating to

provisional warrants, a person shall not be dealt with thereunder
except in pursuance of an order of the Governor (in this Act
referred to as an authority to proceed), issued in pursuance of a
request made to the Governor by or on behalf of the Government of
the United Kingdom or of the Republic of Ireland, or of the
designated Commonwealth country, or by the Governor of the
United Kingdom dependency, in which the person to be returned is
accused or was convicted.

(2) There shall be furnished with any request made for the
purposes of this section on behalf of any country —
(a) in the case of a person accused of an offence, a warrant for his

arrest issued in that country;
(b) in the case of a person unlawfully at large after conviction of

an offence, a certificate of the conviction and sentence in that
country, and a statement of the amount if any of that sentence
which has been served,

together (in each case) with particulars of the person whose return is
requested and of the facts upon which and the law under which he is
accused or was convicted, and evidence sufficient to justify the issue
of a warrant for his arrest under section 6 of this Act.

(3) On receipt of such a request the Governor may issue an
authority to proceed unless it appears to him that an order for the
return of the person concerned could not lawfully be made, or
would not in fact be made, in accordance with the provisions of this
act.

6. (1) A warrant for the arrest of a person accused of a relevant
offence, or alleged to be unlawfully at large after conviction of such
an offence, may be issued —
(a) on the receipt of an authority to proceed, by the Chief

Magistrate or by a Stipendiary and Circuit Magistrate in
any part of the Colony;

(b) without such an authority, by any magistrate in any part of the
Colony, upon information that the said person is or is believed
to be in or on his way to the Colony,

Authority to
proceed.

Arrest for
purposes of
committal.

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and any warrant issued by virtue of paragraph (b) above is in
this Act referred to as a provisional warrant.

(2) A warrant of arrest under this section may be issued
upon such evidence as would, in the opinion of the magistrate,
authorise the issue of a warrant for the arrest of a person accused of
committing a corresponding offence or, as the case may be, of a
person alleged to be unlawfully at large after conviction of an
offence, within the jurisdiction of the magistrate.

(3) Where a provisional warrant is issued under this section,
the authority by whom it is issued shall forthwith give notice to the
Governor, and transmit to him the information and evidence, or
certified copies of the information and evidence upon which it was
issued; and the Governor may in any case, and shall if he decides not
to issue an authority to proceed in respect of the person to whom the
warrant relates, by order cancel the warrant and, if that person has
been arrested thereunder, discharge him from custody.

(4) A warrant of arrest issued under this section may be
executed in any part of the Colony and may be executed by any
person to whom it is directed or by any peace officer.

(5) Where a warrant is issued under this section for the arrest
of a person accused of an offence of stealing or receiving stolen
property or any other offence in respect of property, a magistrate or
justice of the peace in any part of the Colony shall have the like
power to issue a warrant to search for the property as if the offence
had been committed within the jurisdiction of the magistrate or
justice.

7. (1) A person arrested in pursuance of a warrant under
section 6 of this Act shall (unless previously discharged under
subsection (3) of that section) be brought as soon as practicable
before a court (in this Act referred to as the court of committal)
consisting of the Chief Magistrate or a Stipendiary and Circuit
Magistrate, as may be directed by the warrant.

(2) For the purpose of proceedings under this section a court
of committal consisting of the Chief Magistrate or a Stipendiary and
Circuit Magistrate shall have the like jurisdiction and powers, as
nearly as may be, including power to remand in custody or on bail, as
a magistrates’ court holding a preliminary inquiry.

(3) Where the person arrested is in custody by virtue of a
provisional warrant and no authority to proceed has been received in
respect of him, the court of committal may fix a reasonable period (of
which the court shall give notice to the Governor) after which he will
be discharged from custody unless such an authority has been
received.

(4) Where an authority to proceed has been issued in respect
of the person arrested and the court of committal is satisfied, after


Proceedings for
committal.

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hearing any evidence tendered in support of the request for the
return of that person or on behalf of that person, that the offence to
which the authority relates is a relevant offence and is further
satisfied —
(a) where that person is accused of the offence, that the evidence

would be sufficient to warrant his trial for that offence if it had
been committed within the jurisdiction of the court;

(b) where that person is alleged to be unlawfully at large after
conviction of the offence, that he has been so convicted and
appears to be so at large,

the court shall, unless his committal is prohibited by any other
provision of this Act, commit him to custody to await his return
thereunder; but if the court is not so satisfied or if the committal of
that person is so prohibited, the court shall discharge him from
custody.

8. (1) Where a person is committed to custody under section
7 of this Act, the court shall inform him in ordinary language of his
right to make an application to the Supreme Court for habeas
corpus, and shall forthwith give notice of the committal to the
Governor.

(2) A person committed to custody under the said section 7
shall not be returned under this Act —
(a) in any case, until the expiration of the period of fifteen days

beginning with the day on which the order for his committal is
made;

(b) if an application for habeas corpus is made in his case, so long
as proceedings on that application are pending.
(3) On any such application the Supreme Court may,

without prejudice to any other jurisdiction of the court, order the
person committed to be discharged from custody if it appears to the
court that —
(a) by reason of the trivial nature of the offence of which he is

accused or was convicted; or
(b) by reason of the passage of time since he is alleged to have

committed it or to have become unlawfully at large, as the case
may be; or

(c) because the accusation against him is not made in good faith in
the interests of justice,

it would, having regard to all the circumstances, be unjust or
oppressive to return him.

(4) On any such application the Supreme Court may receive
additional evidence relevant to the exercise of their jurisdiction under
section 4 of this Act or under subsection (3) of this section.

Application for
habeas corpus.

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(5) For the purposes of this section proceedings on an
application for habeas corpus shall be treated as pending until any
appeal in those proceedings to the Court of Appeal for the Bahama
Islands is disposed of; and an appeal shall be treated as disposed of
at the expiration of the time within which the appeal may be
brought or, where leave to appeal is required, within which the
application for leave may be made, if the appeal is not brought or
the application made within that time.

9. (1) Where a person is committed to await his return and is
not discharged by order of the Supreme Court, the Governor may
by warrant order him to be returned to the country by which the
request for his return was made unless the return of that person is
prohibited, or prohibited for the time being, by section 4 of this Act
or this section, or the Governor decides under this section to make
no such order in his case.

(2) An order shall not be made under this section in the case
of a person who is serving a sentence of imprisonment or detention,
or is charged with an offence, in the Colony —
(a) in the case of a person serving such a sentence, until the

sentence has been served;
(b) in the case of a person charged with an offence, until the

charge is disposed of or withdrawn and, if it results in a
sentence of imprisonment (not being a suspended sentence),
until the sentence has been served.
(3) The Governor shall not make an order under this section

in the case of any person if it appears to the Governor, on the grounds
mentioned in section 8(3) of this Act, that it would be unjust or
oppressive to return that person, and may decide to make no order
under this section in the case of a person accused or convicted of an
offence in the United Kingdom or a United Kingdom dependency if
he considers, on any such grounds as are mentioned in paragraphs (a)
to (c) of section 4(1) of this Act, that the order ought not to be made.

(4) The Governor may decide to make no order under this
section in the case of a person accused or convicted or a relevant
offence not punishable with death in the Colony if that person could
be or has been sentenced to death for that offence in the country by
which the request for his return is made.

(5) The Governor may decide to make no order under this
section for the return of a person committed in consequence of a
request made on behalf of any country if another request for his
return under this Act, or a requisition for his surrender under the
Extradition Act, 18706, has been made on behalf of another country
and it appears to the Governor, having regard to all the circumstances
of the case and in particular —
(a) the relative seriousness of the offences in question;


6 1870 c. 52.

Order for return
to requesting
country.

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(b) the date on which each such request or requisition was made;
and

(c) the nationality or citizenship of the person concerned and his
ordinary residence,

that preference should be given to the other request or requisition.
(6) Notice of the issue of a warrant under this section shall

forthwith be given to the person to be returned thereunder.
10. (1) If any person committed to await his return is in

custody in the Colony under this Act after the expiration of the
following period, that is to say —
(a) in any case, the period of two months beginning with the first

day on which, having regard to section 8(2) of this Act, he
could have been returned;

(b) where a warrant for his return has been issued under section 9
of this Act, the period of one month beginning with the day on
which that warrant was issued,

he may apply to the Supreme Court for his discharge.
(2) If upon any such application the court is satisfied that

reasonable notice of the proposed application has been given to the
Governor, the court may, unless sufficient cause is shown to the
contrary, by order direct the applicant to be discharged from
custody and, if a warrant for his return has been issued under the
said section 9, quash that warrant.

11. (1) In any proceedings under this Act, including proceed-
ings on an application for habeas corpus in respect of a person in
custody thereunder —
(a) a document, duly authenticated, which purports to set out

evidence given on oath in the United Kingdom or a designated
Commonwealth country or the Republic of Ireland or a United
Kingdom dependency (other than the Colony) shall be
admissible as evidence of the matters stated therein;

(b) a document, duly authenticated, which purports to have been
received in evidence, or to be a copy of a document so
received, in any proceeding in any such country or
dependency shall be admissible in evidence;

(c) a document, duly authenticated, which certifies that a person
was convicted on a date specified in the document of an
offence against the law of, or of a part of, any such country or
dependency shall be admissible as evidence of the fact and
date of the conviction.
(2) A document shall be deemed to be duly authenticated

for the purposes of this section —

Discharge from
custody.

Evidence.

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(a) in the case of a document purporting to set out evidence given
as aforesaid, if the document purports to be certified by a judge
or magistrate or officer in or of the country or dependency in
question to be the original document containing or recording
that evidence or a true copy of such a document;

(b) in the case of a document which purports to have been received
in evidence as aforesaid or to be a copy of a document so
received, if the document purports to be certified as aforesaid to
have been or to be a true copy of a document which has been,
so received;

(c) in the case of a document which certifies that a person was
convicted as aforesaid, if the document purports to be certified
as aforesaid,

and in any such case the document is authenticated either by the
oath of a witness or by the official seal of the Secretary of State or
of a Minister of the designated Commonwealth country or of the
Republic of Ireland or of the Governor or a Minister, secretary or
other officer administering a department of the Government of the
dependency, as the case may be.

(3) In this section “oath” includes affirmation or declaration;
and nothing in this section shall prejudice the admission in evidence
of any document which is admissible in evidence apart from this
section.

12. (1) Any person remanded or committed to custody
under section 7 of this Act shall be committed to the like institution
as a person charged with an offence before the court of committal.

(2) If any person who is in custody by virtue of a warrant
under this Act escapes out of custody, he may be retaken in any part of
the Colony in like manner as a person escaping from custody under a
warrant for his arrest issued in that part in respect of an offence
committed therein.

(3) Where a person, being in custody in any part of the
Colony whether under this Act or otherwise, is required to be removed
in custody under this Act to another part of the Colony and is so
removed by sea or by air, he shall be deemed to continue in legal
custody until he reaches the place to which he is required to be
removed.

(4) A warrant under section 9 of this Act for the return of
any person to any country shall be sufficient authority for all persons
to whom it is directed and all peace officers to receive that person,
keep him in custody and convey him into the jurisdiction of that
country.

13. (1) Any warrant or order to be issued or made by the
Governor under any of the foregoing provisions of this Act shall
be given under the hand of the Governor or the Chief Secretary.

(2) The Governor may by order prescribe the form of any
warrant or order to be issued or made under the foregoing
provisions of this Act.

Custody.

Form of
warrants and
orders.

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Treatment of Persons Returned from the United Kingdom,
Commonwealth Countries, the Republic of Ireland

and United Kingdom Dependencies
14. (1) This section applies to any person accused or

convicted of an offence under the law of the Colony who is returned to
the Colony —
(a) from the United Kingdom, under the Act;
(b) from any designated Commonwealth country or from the

Republic of Ireland under any law of that country correspond-
ing with the Act;

(c) from any United Kingdom dependency, under the Act or
under any corresponding law of that dependency.
(2) A person to whom this section applies shall not, during

the period described in subsection (3) of this section, be dealt with in
the Colony for or in respect of any offence committed before he was
returned to the Colony other than —
(a) the offence in respect of which he was returned;
(b) any lesser offence proved by the facts proved for the

purposes of securing his return; or
(c) any other offence in respect of which the Government of the

country or Governor of the dependency from which he was
returned may consent to his being dealt with.
(3) The period referred to in subsection (2) of this section

in relation to a person to whom this section applies is the period
beginning with the day of his arrival in the Colony on his return as
mentioned in subsection (1) of this section and ending forty-five
days after the first subsequent day on which he has the opportunity
to leave the Colony.

15. (1) This section applies to any person accused of an
offence under the law of the Colony who is returned to the Colony
as mentioned in section 14(1) of this Act.

(2) If in the case of a person to whom this section applies,
either —
(a) proceedings against him for the offence for which he was

returned are not begun within the period of six months
beginning with the day of his arrival in the Colony on being
returned; or

(b) on his trial for that offence, he is acquitted or discharged
absolutely or conditionally,

the Governor may, if he thinks fit, on the request of that person,
arrange for him to be sent back free of charge and with as little
delay as possible to the country from which he was returned.

Restriction on
proceedings for
other offences.

Restoration of
persons not tried
or acquitted.

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Supplemental
19. (1) In this Act the following expressions have the

meanings hereby assigned to them, that is to say —
“Act” means, in relation to the United Kingdom, the Fugitive

Offenders Act 1967 and, in relation to the Colony or to
any other United Kingdom dependency, that Act as
extended to the Colony or, as the case may be, to that
other dependency;

“application for habeas corpus” means an application for a
writ of habeas corpus ad subjiciendum;

“the Colony” means the Colony of the Bahama Islands;
“country” includes any territory;
“dealt with” means tried or returned or surrendered to any

country or detained with a view to trial or with a view
to such return or surrender;

“designated Commonwealth country” and “United Kingdom
dependency” have the meanings assigned by section 2
of this Act;

“Governor”, in relation to any country other than the Colony
or a country mentioned in subsection (2) of this
section, means the person or persons administering the
government of that country;

“Governor”, in relation to the Colony, means the Governor
of the Colony and includes any person or persons
administering the government of the Colony;

“imprisonment” includes detention of any description;
“race” includes tribe;
“Supreme Court” means the Supreme Court of the Bahama

Islands;
“United Kingdom” includes the Channel Islands and the Isle

of Man.
(2) In this Act references to the Governor shall be construed —

(a) in relation to Abu Dhabi, Bahrain, the Northern Trucial States
and Qatar as references to Her Majesty’s Political Resident in
the Persian Gulf and includes any person authorised to act for
him;

(b) in relation to Brunei as references to the Government of Brunei;
(c) in relation to the New Hebrides as references to Her Majesty’s

High Commissioner for the Western Pacific and, to the extent
that authority to perform functions under this Act may be
assigned by the High Commissioner to the Resident Commis-
sioner for the New Hebrides, to the Resident Commissioner;

Interpretation.

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(d) in relation to Swaziland as references to Her Majesty’s
Commissioner for Swaziland;

(e) in relation to Tonga as references to the Premier of Tonga.
(3) For the purposes of this Act a person convicted of an

offence in his absence shall be treated as a person accused of
that offence.

20. Any power to make an order under this Act includes
power to revoke or vary such an order by a subsequent order.

21. (1) Subject to the provisions of this section, the
enactments described in Schedule 2 to this Act are hereby repealed
as respects the Colony to the extent specified in the third column of
that Schedule.

(2) The repeals effected by subsection (1) of this section
shall not affect the operation of the Fugitive Offenders Act, 18817
in any case where, before the date on which that subsection comes
into force, a warrant indorsed under section 3 of that Act, or a
provisional warrant issued under section 4 of that Act, has been
executed in the Colony:

Provided that for the purposes of proceedings under that Act —
(i) in respect of a fugitive from a designated Commonwealth

country or from the Republic of Ireland, section 4(1) of this Act
shall apply as if —
(a) for the reference to this Act there were substituted a

reference to that Act; and
(b) for references to the court of committal and the order of

committal there were substituted references to the magis-
trate before whom that person is brought under section 5
of that Act and the order of that magistrate;

(ii) in respect of a fugitive from the United Kingdom or a United
Kingdom dependency, the Governor shall have the same
discretion to make no order for return if he considers, on any
such grounds as are mentioned in paragraphs (a) to (c) of
section 4(1) of this Act that the order ought not to be made, as
he would have under section 9(3) of this Act in proceeding
under this Act.
(3) Without prejudice to subsection (2) of this section,

this Act applies to offences committed before as well as after the
coming into force of this Act.

22. (1) The provisions of this Act other than this section
shall come into force on such date as the Governor may by order
appoint.


7 1881 c. 69.

Power to revoke
or vary orders.
S.I. 292/1968.
Repeals and
transitional
provisions.

Commencement.

CH.91 – 16] CRIMINAL PROCEDURE CODE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Different dates may be appointed under this section
for different provisions of this Act, and different dates may be so
appointed for any such provision or provisions in relation to
different countries.

SCHEDULE 1 (Section 3)

DESCRIPTION OF RELEVANT OFFENCES IN
DESIGNATED COMMONWEALTH COUNTRIES

OR THE REPUBLIC OF IRELAND
1. Murder of any degree.
2. Manslaughter or culpable homicide.
3. An offence against the law relating to abortion.
4. Maliciously or wilfully wounding or inflicting grievous

bodily harm.
5. Assault occasioning actual bodily harm.
6. Rape.
7. Unlawful sexual intercourse with a female.
8. Indecent assault.
9. Procuring, or trafficking in, women or young persons for

immoral purposes.
10. Bigamy.
11. Kidnapping, abduction or false imprisonment, or dealing in

slaves.
12. Stealing, abandoning, exposing or unlawfully detaining a child.
13. Bribery.
14. Perjury or subornation of perjury or conspiring to defeat the

course of justice.
15. Arson or fire-raising.
16. An offence concerning counterfeit currency.
17. An offence against the law relating to forgery.
18. Stealing, embezzlement, fraudulent conversion, fraudulent false

accounting, obtaining property or credit by false pretences,
receiving stolen property or any other offence in respect of
property involving fraud.

19. Burglary, housebreaking or any similar offence.
20. Robbery.
21. Blackmail or extortion by means of threats or by abuse of

authority.
22. An offence against bankruptcy law or company law.

CRIMINAL PROCEDURE CODE [CH.91– 17


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

23. Malicious or wilful damage to property.
24. Acts done with the intention of endangering vehicles, vessels or

aircraft.
25. An offence against the law relating to dangerous drugs or

narcotics.
26. Piracy.
27. Revolt against the authority of the master of a ship or the

commander of an aircraft.
28. Contravention of import or export prohibitions relating to

precious stones, gold and other precious metals.

SCHEDULE 2 (Section 21)

ENACTMENTS REPEALED AS RESPECTS THE
COLONY OF THE BAHAMA ISLANDS

Chapter Short Title Extent of Repeal
1881 c. 69 The Fugitive Offenders

Act, 1981.
The whole Act except
section 25.

In section 25 the words
from and including “and
the provisions of this
Act” down to the end of
the section.

1890 c. 37 The Foreign Jurisdiction
Act, 1890.

In Schedule 1 the entry
relating to the Fugitive
Offenders Act, 1881.

1915 c. 39 The Fugitive Offenders
(Protected States) Act,
1915.

The whole Act.
Read Entire Law on laws.bahamas.gov.bs