Fugitive Offenders (Forms) Order

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1969/1969-0054/FugitiveOffendersFormsOrder_1.pdf
Published: 1969-11-13

Fugitive Offenders (Forms) Order
CH.91 – 18] CRIMINAL PROCEDURE CODE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FUGITIVE OFFENDERS ACT, 1967
(1967 C. 68 (U.K.))

FUGITIVE OFFENDERS (BAHAMA ISLANDS)
ORDER, 1967 (S.I. 1967/1904 (U.K.))

FUGITIVE OFFENDERS (BAHAMA ISLANDS)
(FORMS) ORDER, 1969

(SECTION 13(2))
[Commencement 13th November, 1969]

1. This Order may be cited as the Fugitive Offenders
(Bahama Islands) (Forms) Order, 1969.

2. The forms contained in the Schedule to this Order
or forms to the like effect shall be used for the purposes for
which they are applicable.

SCHEDULE

FORMS

1
AUTHORITY TO PROCEED

(FUGITIVE OFFENDERS ACT, 1967, s. 5.)

To the Chief Magistrate.
A request having been made to the Governor-General by or

on behalf of .............................. for the return to that country of A.
B. who is accused [or alleged to be unlawfully at large after
conviction] of the offence[s] of ................................

It is hereby ordered that the Chief Magistrate or a Stipendiary
and Circuit Magistrate proceed with the case in accordance with
the provisions of the Fugitive Offenders Act, 1967.

Dated the ............... day of ................................, 19 ............
Governor-General



S.I. 54/1969

Citation.

Forms.

CRIMINAL PROCEDURE CODE [CH.91– 19


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

2
WARRANT OF ARREST

(FUGITIVE OFFENDERS ACT, 1967, s. 6(1)(a).)

To the Commissioner of Police and every peace officer.
I having received from the Governor-General an order to

proceed with the case of A.B. (hereinafter called the defendant)
why is accused [or who is alleged to be unlawfully at large after
conviction] of the offence[s] of ........................... against the law of
...........................

And there being evidence that the offence[s] is/are [a] relevant
offence[s] as defined in section 3 of the Fugitive Offenders Act,
1967:

And there being in my opinion such evidence as would justify
the issue of a warrant for the arrest of a person accused of
committing [a] corresponding offence[s] [or alleged to be
unlawfully at large after conviction of an offence] in The Bahamas:

You are hereby commanded to arrest the defendant forthwith
and to bring him/her before the Chief Magistrate or a Stipendiary
and Circuit Magistrate.

Dated the .................. day of ................................, 19 ............
X. Y.,

Chief Magistrate
[or Stipendiary and Circuit

Magistrate].


3
PROVISIONAL WARRANT OF ARREST

(FUGITIVE OFFENDERS ACT, 1967, s. 6(1)(b).)

To the Commissioner of Police and every peace officer.
There being evidence that A. B. (hereinafter called the

defendant) is accused [or is alleged to be unlawfully at large after
conviction] of the offence[s] of against the law ............................. of
..................., and that the offence[s] is/are [a] relevant offence[s] as
defined in section 3 of the Fugitive Offenders Act, 1967:

And there being in my opinion such evidence as would justify
the issue of a warrant for the arrest of a person accused of
committing [a] corresponding offence[s] [or alleged to be unlawfully
at large after conviction of an offence] in The Bahamas:

And there being information that the defendant is or is believed
to be in or on his/her way to The Bahamas:

CH.91 – 20] CRIMINAL PROCEDURE CODE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



You are hereby commanded to arrest the defendant and to
bring him/her before the Chief Magistrate or a Stipendiary and
Circuit Magistrate.

Dated the ............... day of ..........................., 19 ...........
X. Y.,

Chief Magistrate
[or Stipendiary and Circuit

Magistrate]


4
WARRANT OF COMMITMENT

(FUGITIVE OFFENDERS ACT, 1967, s. 7(5).)

To the Commissioner of Police, to every peace officer and to
the Superintendent, Fox Hill Prison.

A. B. (hereinafter called the defendant) having been brought
this day before me, the Chief Magistrate [or a Stipendiary and
Circuit Magistrate] sitting at .................., pursuant to a warrant for
his/her arrest issued under section 6 of the Fugitive Offenders Act,
1967:

And an authority to proceed having been issued by the
Governor-General under section 5 of that Act in respect of the
defendant:

And I being satisfied that the following offences[s] [of which
the defendant is accused in ................], namely ..............................,
being [an] offence[s] to which the authority to proceed relates,
is/are [a] relevant offence[s] as defined in section 3 of that Act,
namely, (here describe the appropriate relevant offence[s] as set out
in Schedule 1 to the Fugitive Offenders Act 1967) [and that the
evidence given before me would be sufficient to warrant the
defendant’s trial for that/ those offence[s] if it/they had been
committed in The Bahamas] [or that the defendant has been
convicted of the offence[s] and appears to be unlawfully at large]:

You, the said Commissioner and peace officers, are hereby
commanded to convey the defendant to the said prison and there
deliver him/her to the Superintendent; and you, the said
Superintendent, to receive him/her into your custody and keep
him/her until he/she is delivered in accordance with a warrant
issued by the Governor-General under section 9 of that Act or
he/she is otherwise delivered in due course of law.

Dated the .................. day of ..................................., 19 .........
X. Y.,

Chief Magistrate
[or Stipendiary and Circuit

Magistrate]


CRIMINAL PROCEDURE CODE [CH.91– 21


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

5
WARRANT FOR RETURN TO REQUESTING COUNTRY

(FUGITIVE OFFENDERS ACT, 1967, s. 9(1).)

To the Superintendent of the Fox Hill Prison, to the
Commissioner of Police and to every peace officer.

Whereas a request has been made to the Governor-General by
or on behalf of ........................................ for the return to that
country of A. B. (hereinafter called the prisoner) who is accused
[or alleged to be unlawfully at large after conviction] of the
offence[s] of......................................................................................

And whereas a Chief Magistrate [or a Stipendiary and Circuit
Magistrate], being satisfied that the evidence given before him
would be sufficient to warrant the prisoner’s trial for that/those
offence[s] [or the offence[s] of .........................] if it/they had been
committed in The Bahamas [or that the prisoner had been
convicted of that/those offence[s] [or the offence[s] of ..................]
and appeared to be unlawfully at large], committed the prisoner to
the Fox Hill Prison on the ............... day of ....................., 19 ........,
to await his/her return to ..................................................................

And whereas the prisoner has not been discharged from
custody by order of the Supreme Court:

And whereas the return of the prisoner as aforesaid is not
otherwise prohibited as mentioned in subsection (1) of section 9 of
the Fugitive Offenders Act, 1967:

Now Therefore it is hereby ordered that the prisoner be
returned to ........................ in respect of the offences) for which
he/she was committed to custody by the Chief Magistrate (or
Stipendiary and Circuit Magistrate)

Dated this ................. day of ................................, 19 ...........
Governor-General



FUGITIVE OFFENDERS ACT, 1967
(COMMENCEMENT No. 1) ORDER, 1967

Made ................................. 16th August, 1967
In exercise of the powers conferred on me by section

22 of the Fugitive Offenders Act, 19678, I hereby make the
following Order —

1. Subject to the next following Article, the
Fugitive Offenders Act 1967 shall come into force —


8 1967 c. 68.

S.I. 4/1968
1967 No. 1256 (c.
23) (U.K.)
Read Entire Law on laws.bahamas.gov.bs