Internationally Protected Persons Act


Published: 1987-05-19

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Internationally Protected Persons Act
INTERNATIONALLY PROTECTED PERSONS [CH.86 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

INTERNATIONALLY PROTECTED PERSONS
CHAPTER 86

INTERNATIONALLY PROTECTED PERSONS

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Offences against persons.
4. Offences against premises or vehicles.
5. Threats against persons.
6. Threats against premises or vehicles.
7. Prosecution need not prove certain matters.
8. Extradition.
9. Surrender of offenders.
10. Restriction on surrender of offenders.
11. Attorney-General’s consent required.
12. Evidence.

FIRST SCHEDULE.
SECOND SCHEDULE — Offences Against Premises or Vehicles of Internationally

Protected Persons.


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CHAPTER 86

INTERNATIONALLY PROTECTED PERSONS
An Act to give effect to the Convention on the

Prevention and Punishment of Crimes against
Internationally Protected Persons, including diplomatic
agents, adopted by the United Nations General Assembly
in 1973, and for matters incidental to that convention.

[Assent 21st January, 1987]
[Commencement 19th May, 1987]

1. This Act may be cited as the Internationally
Protected Persons Act.

2. (1) In this Act —
“the Convention” means the Convention on the

Prevention and Punishment of Crimes Against
Internationally Protected Persons, including
Diplomatic Agents adopted by the United
Nations General Assembly in 1973;

“Convention country” means a country which is for
the time being a party to the Convention;

“protected person”, in relation to an alleged act or
omission that constitutes a crime by virtue of or
against any of sections 3 to 6, means —
(a) a person who, at the time of the alleged act

or omission is —
(i) a Head of State; or
(ii) a member of a body that performs

the functions of a Head of State
under the Constitution of the State;
or

(iii) a Head of Government; or
(iv) a Minister of Foreign Affairs,

and is outside the territory of the State in
which he holds office;

(b) a member of the family of any person
referred to in paragraph (a) of this defini-
tion who is accompanying that person;

11 of 1986

Short title.

Interpretation.

CH.86 – 4] INTERNATIONALLY PROTECTED PERSONS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) a person who, at the time of the act or
omission, is —

(i) a representative or an official of a
State; or

(ii) an official or agent of an international
organisation of an inter-governmental
character,

and is entitled under international law to
special protection from attack on his
person, freedom or dignity;

(d) a member of the family of any person
referred to in paragraph (c) of this defini-
tion who is a member of that person’s
household;

“relevant premises” means premises at which a
protected person resides or is staying or which a
protected person uses for the purpose of
carrying out his functions as such a person; and

“vehicle” includes any means of conveyance.
(2) In paragraph (a)(i) of the definition of the term

“protected person”, the term “Head of State” includes, in
relation to any Commonwealth country of which Her
Majesty the Queen is Head of State, the Governor-General
or other person who performs the functions of the Head of
State as Her Majesty’s representative.

(3) In this Act any reference to the Extradition Act is
a reference to the Extradition Act 1994.

3. (1) Without prejudice to the provisions of the
Penal Code, every one commits an offence who, whether in
or outside The Bahamas, does or omits to do any act to, or
in relation to, any person whom he knows to be a protected
person if that act or omission constitutes, or would, if done
or omitted to be done in The Bahamas, constitute —

(a) an offence referred to or described in any of the
provisions of the Penal Code specified in the
First Schedule; or

(b) an attempt to commit any such offence (where
the offence is not itself constituted by a mere
attempt).

(2) Every one who commits an offence under this
section is liable on conviction on information to the same
penalty to which he would have been liable had he been


Ch. 96.

Offences against
persons.

INTERNATIONALLY PROTECTED PERSONS [CH.86 – 5


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charged with an offence against the relevant provisions of
the Penal Code.

4. (1) Without prejudice to the provisions of the Penal
Code, every one commits an offence who, whether in or
outside The Bahamas does or omits to do any act —

(a) to or in relation to —
(i) any relevant premises; or
(ii) any vehicle that is used by a protected

person,
while a protected person is present in those
premises or that residence or vehicle; and

(b) which constitutes or would, if done or omitted to
be done in The Bahamas, constitute —
(i) an offence referred to or described in any of

the provisions of the Penal Code specified
in the Second Schedule; or

(ii) an attempt to commit any such offence
(where the offence is not itself constituted
by a mere attempt).

(2) Every one who commits an offence under this
section is liable on conviction on information to the same
penalty to which he would have been liable had he been
charged with an offence against the relevant provisions of
the Penal Code.

5. (1) Every one commits an offence who whether
in or outside The Bahamas threatens to do any act —

(a) to, or in relation to, any person whom he knows
to be a protected person; and

(b) which constitutes an offence under section 3.
(2) Every one who commits an offence under this

section is liable on conviction on information to imprison-
ment for a term of seven years, or the term of years
prescribed by the relevant provisions of the Penal Code in
respect of the crime that he would have committed had he
carried out his threat in The Bahamas, whichever is the
lesser.

6. (1) Every one commits an offence who, whether in
or outside The Bahamas, threatens to do any act —

(a) to, or in relation to —
(i) any relevant premises; or

Offences against
premises or
vehicles.

Ch. 84.

Threats against
persons.

Ch. 84.

Threats against
premises or
vehicles.

CH.86 – 6] INTERNATIONALLY PROTECTED PERSONS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(ii) any vehicle that he knows is used by a
protected person; and

(b) which constitutes an offence under section 4.
(2) Every one who commits an offence under this

section is liable on conviction on information to
imprisonment for a term of three years.

7. Notwithstanding anything in sections 3 to 6, in
any proceedings brought under any of those sections, it
shall not be necessary for the prosecution to prove any of
the following matters —

(a) in respect of any protected person to whom
paragraph (a) or (c) of the definition of that term
in section 2(1) applies, that the accused knew at
the time of the alleged offence, the identity of
that person or the capacity in which he was a
protected person;

(b) in respect of any protected person to whom
paragraph (b) of that definition applies, that the
accused knew, at the time of the alleged offence,
that the protected person was accompanying any
other person to whom paragraph (a) of that
definition applies;

(c) in respect of any protected person to whom
paragraph (c) of that definition applies, that the
accused knew at the time of the alleged offence
that the protected person was entitled under
international law to special protection from
attack on his person, freedom or dignity;

(d) in respect of any protected person to whom
paragraph (d) of that definition applies, that the
accused knew, at the time of the alleged offence,
that the protected person was a member of the
household of any other person referred to in
paragraph (c) of that definition.

8. (1) The offences constituted by sections 3, 4, 5 and
6 shall be deemed to be included in the list of extradition
crimes in the Extradition Act.

Prosecution need
not prove certain
matters.

Extradition.

Ch. 96.

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(2) Where no such arrangement as is mentioned in
section 4 of the Extradition Act has been made with a State
which is a party to the Convention, an order applying that
Act may be made under that section by the Minister
responsible for Foreign Affairs as if the Convention were
such an arrangement with that State; but where that Act is
applied by virtue of this subsection, it shall have effect as
so applied as if the only extradition crimes within the
meaning of that Act were —

(a) an offence described in section 3 or 4, including
attempting to commit that offence (where it is
not itself constituted by a mere attempt) aiding,
abetting, inciting, counselling or procuring any
person to commit any such offence when it is
not in fact committed; and

(b) each offence described in section 5 or 6,
and further for the purposes of that Act each offence
referred to at paragraphs (a) and (b) shall, if not already
described in the treaty, be deemed to be an offence
described in any extradition treaty in force at the
commencement of this Act between The Bahamas and any
foreign country that is a party to the Convention.

(3) Notwithstanding anything in subsection (1) no
person shall be liable to be surrendered under the
Extradition Act in respect of an act or omission that
amounts to an extradition offence under such a treaty as
referred to in that subsection if that act or omission occured
before the date on which that offence was deemed by that
subsection to be an offence described in that treaty.

9. (1) Where the surrender of a person is sought under
the Extradition Act in respect of any act or omission that
amounts to an offence referred to in section 8(2)(a) or (b) and
for which the person whose surrender is sought could be tried
and punished in the country seeking the surrender, being a
country that is a party to the Convention, that act or omission
shall be deemed to have been committed within the jurisdiction
of that country notwithstanding that it was committed outside
the territory of that country.

Ch. 96.

Ch. 96.

Surrender of
offenders.
Ch. 96.

CH.86 – 8] INTERNATIONALLY PROTECTED PERSONS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Without prejudice to subsection (1), where any act
or omission to which that subsection applies occurred in
The Bahamas, the Extradition Act and the relevant
extradition treaty shall apply with any necessary modifica-
tions as if the act or omission had occurred outside The
Bahamas.

(3) For the purposes of section 8 and this section,
the terms “foreign country” and “country”, respectively,
include any territory for whose international relations the
Government of a foreign country or country, as the case
may be, is responsible and to which the extradition treaty
(if any) and the Convention extend.

10. (1) Notwithstanding anything in sections 8 and 9
or the Extradition Act, no person shall be surrendered
from The Bahamas to another country in respect of any act
or omission that amounts to an offence under any of the
provisions of sections 3 to 6 if proceedings have been
brought in The Bahamas against that person in respect of
that act or omission.

(2) Notwithstanding anything in sections 8 and 9 or
the Extradition Act but subject to subsection (3) no court in
The Bahamas shall order the surrender, or the committal
for the purposes of surrender, of a person to another
country in respect of an act or omission that amounts to an
offence under any of the provisions of sections 3 to 6 if the
Attorney-General certifies that deliberations are being or
are about to be had to determine whether or not
proceedings should be brought in The Bahamas against
that person in respect of the act or omission.

(3) If, in any case to which subsection (2) applies, it
is subsequently determined that proceedings should not be
brought in The Bahamas against the person in respect of
the act or omission, the Attorney-General shall advise the
court accordingly, and the court shall proceed with the
matter as if the Attorney-General’s certificate had never
been given.

11. (1) Subject to subsection (2), no proceedings for
the trial and punishment of any person charged with an
offence under any of the provisions of sections 3 to 6 shall
be instituted in any court except with the consent of the
Attorney-General.

Ch. 96.

Restrictions on
surrender of
offenders.
Ch. 96.

Ch. 96.

Attorney-
General’s
consent required.

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(2) A person charged with an offence under any of
those provisions may be arrested, or a warrant for his arrest
may be issued and executed, and he may be remanded in
custody or on bail, notwithstanding that the consent of the
Attorney-General to the institution of a prosecution for the
offence has not been obtained, but no further proceedings
shall be taken until that consent has been obtained.

12. For any purpose in connection with this Act, a
certificate, given by the Minister responsible for Foreign
Affairs certifying —

(a) any fact relevant to the question of whether a
person was or was not a protected person at any
material time; or

(b) that any country is or is not, or was or was not at
any material time, a party to the Convention; or

(c) that the Government of any country is or is not,
or was or was not at any material time,
responsible for the international relations of any
territory,

shall be sufficient evidence of that fact.

SCHEDULES

FIRST SCHEDULE (Section 3)

Section of
the Penal Code Subject Matter
265 Aggravated assault
269 Wounding
270 Causing grievous harm
272 Maiming
273 Using deadly means of harm
274 Administering noxious matter
275 Causing harm with aggravation
276 Choking, strangling, etc., to render person

incapable
(Repealed) Rape and attempt to commit rape

Evidence.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]



282 Kidnapping
289 Manslaughter
291 Murder
292 Attempt to commit murder

SECOND SCHEDULE (Section 4)

OFFENCES AGAINST PREMISES OR VEHICLES OF
INTERNATIONALLY PROTECTED PERSONS

Section of
The Penal Code Subject Matter
323 Arson of dwelling house
324 Arson of building
325 Arson of vehicle
326 Use of explosive to cause damage
327 Causing damage generally by fire
328 Wilful damage