Defence Act


Published: 1980-03-31

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Defence Act
DEFENCE [CH.211 – 1






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CHAPTER 211

DEFENCE

LIST OF AUTHORISED PAGES

1 – 2 LRO 1/2008
3 – 8 Original
9 – 10 LRO 1/2006
11 – 12 LRO 1/2008
13 – 22 Original
23 – 24 LRO 1/2006
25 – 30 Original
31 – 34 LRO 1/2006
35 – 46 Original
47 – 52 LRO 1/2006
53 – 82 Original
83 – 84 LRO 1/2006
85 – 92 Original
93 – 98 LRO 1/2008
99 – 100 Original
101 – 104 LRO 1/2006
105 – 112 Original
113 – 117 LRO 1/2006

ARRANGEMENT OF SECTIONS
PART I

PRELIMINARY
SECTION

1. Short title.
2. Interpretation.
3. Establishment of Royal Bahamas Defence Force.
4. Employment of Defence Force.
5. Member of Defence Force to have certain powers of customs officer

under Chapter 295 and peace officer under section 31 of Ch. 228.
6. Employment of Defence Force outside The Bahamas.
7. Overseas training.

PART II
NATIONAL SECURITY COUNCIL


8. Establishment of National Security Council.
9. Membership of Security Council.
10. Performance of functions of Security Council.

PART III
OFFICERS


11. Conditions of appointing officers.
12. Power to grant commissions.
13. Appointment of officers.
14. Regulations for this Part.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

PART IV
ENLISTMENT AND TERMS OF SERVICE IN THE

REGULAR FORCE

15. Recruiting officers.
16. Enlistment.

Terms and Conditions of Service

17. Terms of enlistment.
18. Re-engagement and continuation.
19. Prolongation of service.

Discharge

20. Discharge.
21. Postponement of discharge or transfer pending proceedings for

offences, etc.
22. Restrictions on reduction in rank of warrant officers and non-

commissioned officers.
23. Discharge upon prescribed ground.
24. Right of marine to purchase discharge.


Miscellaneous and Supplementary Provisions

25. Rules for revoking service.
26. Validity of attestation and enlistment.
27. False answers in attestation papers.


PART V
DISCIPLINE AND TRIAL AND PUNISHMENT OF SERVICE

OFFENCES

28. Misconduct in action.
29. Assisting the enemy.
30. Obstructing operations, giving false air signals, etc.
31. Looting.
32. Offences by or in relation to sentries, persons on watch, etc.
33. Failure to attend for duty, neglect of duty, etc.


Mutiny
34. Definition of “mutiny”.
35. Offences of mutiny.
36. Failure to suppress mutiny.


Insubordination and Similar Offences
37. Insubordinate behaviour.
38. Disobedience to lawful commands.
39. Fighting and quarrelling.
40. Obstruction of provost officers.
41. Disobedience to standing orders.

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Desertion and Absence without Leave
42. Definition of “desertion”.
43. Offences of desertion.
44. Absence without leave, etc.
45. Failure to report deserters and absentees.


Navigation and Flying Offences

46. Loss or hazarding of ship.
47. Dangerous flying, etc.
48. Low flying.
49. Annoyance by flying.


Prize Offences
50. Prize offences by commanding officers.
51. Other prize offences.


Other Offences in respect of Ships and Aircraft

52. Inaccurate certification.
53. Malingering.
54. Drunkenness.
55. Drug abuse.


Offences relating to Property

56. Damage to, and loss of, public or service property, etc.
57. Damage to, or loss of the Defence Force’s aircraft or aircraft material.
58. Misapplication and waste of public or service property.
59. Offences relating to issues and decorations.


Offences relating to Billeting and Requisitioning of Vehicles

60. Billeting offences.
61. Offences in relation to requisitioning of vehicles, etc.


Offences relating to, and by, Persons in Custody

62. Permitting escape, and unlawful release of prisoners.
63. Resistance to arrest.
64. Escape from confinement.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Miscellaneous Offences

65. Unauthorised disclosure of information.
66. Falsification of documents.
67. Making false statements on enlistment.
68. Offences against civilian population.
69. Offences against morale.
70. Scandalous conduct by officers.
71. Gainful occupation.
72. Ill-treatment of persons of inferior rank, etc.
73. Disgraceful conduct.
74. Offences in relation to courts-martial.
75. Conduct to the prejudice of discipline.


Attempts and Aiding and Abetting

76. Attempt to commit naval offence.
77. Aiding and abetting, etc., and inciting.


Civil Offences

78. Civil offences.


Punishments

79. Scale of punishments and supplementary provisions.
80. Power to impose imprisonment for default in payment of fines.
81. Duty to bring offenders to justice and powers of arrest.
82. Provisions for avoiding delay after arrest.


Investigation of, and Summary Dealing with, Charges

83. Investigation of charges by commanding officer.
84. Charges to be dealt with summarily or by court-martial.
85. Further proceedings on charges against non-commissioned officers and

marines.
86. Further proceedings on charges against officers.
87. Dismissal of charges referred to higher authority.
88. Officers who are commanding officers and appropriate superior

authorities.
89. Limitation of powers of summary dealings with charges.

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Jurisdiction

90. Jurisdiction of courts-martial.
91. Commander to convene court-martial.
92. Constitution of courts-martial.
93. Supplementary provisions as to constitution of courts-martial.
94. Place for sitting of courts-martial and adjournment to other places.
95. Challenges by accused.
96. Administration of oaths.
97. Courts-martial to sit in open court.
98. Dissolution of courts-martial.
99. Decisions of courts-martial.
100. Finding and sentence.
101. Power to convict of offence other than that charged.
102. Rules of evidence.
103. Privilege of witnesses and others at court-martial.
104. Offences by civilians in relation to courts-martial.
105. Affirmations.


Confirmation, Revision and Review of Proceedings of Courts-Martial

106. Confirmation of proceedings of courts-martial.
107. Petitions against finding or sentence.
108. Revision of findings of court-martial.
109. Powers of confirming authorities.
110. Confirming authorities.
111. Approval of death sentence by Governor-General.
112. Review of findings and sentences of courts-martial.
113. Reconsideration of sentences of imprisonment and detention.


Review of Summary Findings and Awards

114. Review of summary findings and awards.


Findings of Insanity

115. Provisions where accused found insane.


Commencement, Suspension and Duration of Sentence

116. Commencement of sentences.
117. Duration of sentences of imprisonment or detention.
118. Serving of sentences of detention in prisons.
119. Special provisions as to civil prisons in The Bahamas.

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120. Country in which sentence of imprisonment or detention to be served.
121. Duties of officers in charge of prisons and others to receive prisoners.


Trial of Persons Ceasing to be Subject to this Act and Time Limit for
Trials


122. Trial and punishment of offences under this Act notwithstanding

offender ceasing to be subject thereto.
123. Limitation of time for trial of offences under this Act.


Relations between Military and Civil Courts and Finality of Trials

124. Powers of civil courts.
125. Persons not be tried under this Act for offences already disposed of.


Inquiries

126. Boards of Inquiry.


Miscellaneous Provisions

127. Restitution or compensation for theft, etc.
128. Appointment of judge advocate.
129. Promulgation.
130. Custody of proceedings of court-martial and right of accused to a copy

thereof.
131. Indemnity for prison officers, etc.


Interpretation of Part V

132. Interpretation of Part V.


Rules of Procedure

133. Rules of Procedure.
134. Imprisonment and Detention Regulations.
135. Board of Inquiry Rules.
136. Miscellaneous Regulations.


PART VI
APPEALS FROM COURTS-MARTIAL


137. Right of appeal.
138. Procedure for applying for leave to appeal or lodging appeal.
139. Determination of appeals in ordinary cases.

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140. Powers of Court of Appeal in special cases.
141. Commencement of sentence.
142. Appeals to be final.
143. Proceedings may be heard in absence of appellants.
144. Defence of appeals.
145. Right of apellant to present his case in writing.
146. Suspension of death sentence.
147. Person not to be tried again where conviction quashed.
148. Removal on appeal, of prisoners for purposes of this Part.
149. Furnishing, on appeal, of documents relating to trial.
150. Duties of Registrar of Court of Appeal with respect to appeals, etc.
151. Saving of powers of reviewing authorities.
152. General provisions as to procedure.


PART VII
FORFEITURE AND DEDUCTIONS


153. Forfeitures and deductions; general provisions.
154. Forfeiture of pay for absence from duty.
155. Deductions for payment of civil penalties.
156. Compensation for loss occasioned by wrongful act or negligence.
157. Deductions for barrack damage.
158. Review of orders and remission of forfeitures and deductions.
159. Enforcement of maintenance and affiliation orders by deduction from

pay.
160. Deductions from pay for maintenance of wife or child.
161. Limit of deductions under sections 159 and 160 and effect on

forfeiture.
162. Service of process in maintenance proceedings.


PART VIII
GOVERNMENT AND GENERAL PROVISIONS COMMAND


163. Command and precedence.
164. Command of Force.
165. Regulations as to command.
166. Powers of command of members of co-operating forces.
167. Powers of members of the Defence Force with respect to vessels.
168. Redress of complaints.


Exemptions for Officers and Marines

169. Exemptions from jury service.
170. Exemptions from tolls, etc.
171. Exemption from taking in execution of property used for naval purposes.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provisions relating to Deserters and Absentees without Leave

172. Arrest of deserters and absentees without leave.
173. Proceedings before a civil court where persons suspected of illegal

absence.
174. Deserters and absentees without leave surrendering to police.
175. Certificates of arrest or surrender of deserters and absentees.
176. Duties of superintendents of prisons and others to receive deserters and

absentees.


Offences relating to Military Matters Punishable by Civil Courts

177. Punishment for pretending to be a deserter.
178. Punishment for procuring and assisting desertion.
179. Punishment for obstructing officers or marines in execution of duty.
180. Punishment for aiding malingering.
181. Unlawful purchase, etc., of naval stores.
182. Illegal dealings in documents relating to pay, pensions, mobilisation,

etc.
183. Unauthorised use of and dealing in decorations, etc.


Provisions as to Evidence

184. General provisions as to evidence.
185. Proof of outcome of civil trial.
186. Evidence of proceedings of court-martial.


Miscellaneous Provisions

187. Temporary reception in civil custody of persons under escort.
188. Avoidance of assignment, of, or charge on naval pay, pensions, etc.
189. Power of certain officers to take statutory declaration.


PART IX
THE ROYAL BAHAMAS DEFENCE FORCE RESERVE


190. Composition of Reserve.
191. Enlistment and re-engagement in the Reserve.
192. Training of Reserve.
193. Call out of Reserve on temporary service.
194. Call out of Reserve on permanent service.
195. Attendance upon call out.
196. Effective time of call out.
197. Termination of service.
198. Posting of attachment of members of Reserve.
199. Punishment for non-attendance.
200. Wrongful sale, etc., of public property.
201. Discharge from Reserve.
202. Application of Part IV.

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PART X
APPLICATION OF THE LAW AND SUPPLEMENTARY

PROVISIONS

203. Persons subject to this Act.
204. Application of the Act.
205. Regulations.
206. Powers exercisable in subsidiary legislation.
207. Execution of orders, instruments, etc.
208. Pension of person transferred from the Police Force to the Force.
209. Judgments obtained in foreign courts against Government in relation to

Defence Force not enforceable in The Bahamas.
210. Protection of members of Defence Force acting in execution of duty
211. Exemption from Liquor Licences Act.
212. Validation of appointments made to the Force before establishment of

Force.


FIRST SCHEDULE — Commissions.

SECOND SCHEDULE — Alternative Offences of which Accused may be Convicted

by Court-Martial.

THIRD SCHEDULE.





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LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CHAPTER 211

DEFENCE
An Act to provide for the defence and the

maintenance of order in The Bahamas by the
establishment of a Defence Force and to provide for
matters connected therewith and incidental thereto.

[Assent 4th September, 1979]
[Commencement 31st March, 1980]

PART I
PRELIMINARY

1. This Act may be cited as the Defence Act.
2. (1) In this Act —
“acting rank” means rank of any description

(however called) such that under regulations a
commanding officer has power to order the
holder to revert from that rank;

“aircraft” means any machine for flying, whether
propelled by mechanical means or not, and
includes any description of balloon;

“aircraft material” includes —
(a) parts of, and components of or accessories

for, aircraft, whether for the time being in
aircraft or not;

(b) engines, armaments, ammunition and
bombs and other missiles of any
description in, or for use in, aircraft;

(c) any other gear, apparatus or instruments in,
or for use in, aircraft;

(d) any apparatus used in connection with the
taking-off or landing of aircraft or for
detecting the movement of aircraft; and

(e) any fuel used for the propulsion of aircraft
and any material used as a lubricant for
aircraft or aircraft material;

“arrest” includes open arrest;

7 of 1979
5 of 1988
25 of 1993
S.I. 36/2005
32 of 2007

Short title.

Interpretation.

CH.211 – 12] DEFENCE






STATUTE LAW OF THE BAHAMAS LRO 1/2008

“Board of Inquiry Rules” means rules made by the
Minister under section 135;

“civil court” means a court of ordinary criminal
jurisdiction, but does not, except where
otherwise expressly provided, include any such
court outside The Bahamas;

“the Commander” means the officer appointed by the
Governor-General under section 164 to have
command of the Defence Force;

“commanding officer” has the meaning assigned to it
by section 88(1);

“commission” means an instrument by which the
authority of an officer is exercised;

“Commonwealth force” means any military, naval or
air force raised in any country or territory
within the Commonwealth by the government
of that country but does not include the Defence
Force;

“competent authority” means such officer as may be
prescribed;

“corresponding rank” in relation to any rank or rating
in a Commonwealth force or other force, means
such rank or rating in any other of those forces
as may be declared by regulations under section
205 to correspond therewith;

“court-martial” except where it is expressed to be
under service law, means a court-martial under
this Act;

“Court of Appeal” means the Court of Appeal for
The Bahamas;

“damage” includes destruction and reference to
damaging shall be construed accordingly;

“date of attestation” in relation to any person means
the date on which he is attested in accordance
with the provisions of regulations;

“decoration” includes medal, medal ribbon, clasp and
good conduct badge;

“Defence Force” means The Royal Bahamas Defence
Force established under section 3;

“desertion” has the meaning assigned to it by section
42 and desert shall be construed accordingly;

5 of 1988, s. 6.

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“enemy” includes all persons engaged in espionage
or in armed operations against the country or
the Defence Force or any force co-operating
therewith and also includes all saboteurs, armed
mutineers, armed rebels, armed rioters and
pirates;

“Imprisonment and Detention Regulations” means
regulations made by the Minister under section
134;

“judge advocate” means a counsel and attorney
appointed under this Act as legal adviser to a
court-martial;

“judgment” means any judgment or order given or
made by a court in any civil proceedings
whether before or after the passing of this Act
whereby any sum of money is made payable,
and includes an award in proceedings on an
arbitration if the award has, in pursuance of the
law in force in the place where it was made,
become enforceable in the same manner as a
judgment given by a court in that place;

“marine” does not include an officer but, with the
modifications contained in this Act in relation
to non-commissioned officers, includes a
person who is a non-commissioned officer or of
lower rank.

“officer under instruction” means an officer of the
Defence Force in attendance at a court-martial
for instruction in the procedure and functions of
the court;

“provost officer” means a provost marshal or officer
subject to service law appointed to exercise the
functions conferred by or under service law on
provost officers;

“public property” means any property belonging to
the Government or held for the purposes
thereof;

“recruiting officer” means a person authorised as
such under the provisions of section 15;

“Reserve” or “The Royal Bahamas Defence Force
Reserve” means the body of officers and
marines established under paragraph (b) of
section 3;

5 of 1988, s. 6.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“Rules of Procedure” means the Rules of Procedure
made by the Minister under section 133;

“service” when used adjectivally, means belonging to
or connected with the Defence Force or any part
thereof, or any force co-operating therewith;

“Security Council” means the National Security
Council established under section 8;

“service law” means any law (including this Act)
governing service in the Defence Force or any
force co-operating therewith;

“statutory declaration” means a solemn declaration
made by a person in lieu of an oath, affirmation
or affidavit before a person duly authorised to
take such a declaration and admissible in
evidence under the provisions of this Act;

“steals” has the same meaning as in the Penal Code
and cognate expressions shall be construed
accordingly;

“stoppages” means the recovery by deductions from
the pay of the offender, of a specified sum by
way of compensation for any expenses, loss or
damage occasioned by the offence;

“unit” means any body of the Defence Force declared
by the Minister to be a unit.

(2) References to officers and marines of the
Defence Force shall, except in Part VII, be construed as
including references to officers and marines attached or
seconded to the Defence Force.

3. There shall be established and maintained in The
Bahamas a force to be called The Royal Bahamas Defence
Force consisting of —

(a) a regular Force to be known as The Royal
Bahamas Defence Force; and

(b) a reserve Force to be known as The Royal
Bahamas Defence Force Reserve.

4. The Defence Force shall be charged with —
(a) the defence of The Bahamas;
(b) the protection of the territorial integrity of The

Bahamas;
(c) the patrol of the waters of The Bahamas;

Ch. 84.

Establishment of
Royal Bahamas
Defence Force.

5 of 1988, s. 6.

5 of 1988, s. 6.

Employment of
Defence Force.

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(d) generally with assistance and relief in times of
disaster;

(e) the maintenance of order in The Bahamas in
conjunction with the law enforcement agencies
of The Bahamas;

(f) with such other duties as may from time to time
be determined by the Security Council.

5. (1) A member of the Defence Force, shall, while
on duty, have, exercise and enjoy all the powers,
authorities, privileges and immunities and perform all the
responsibilities of a customs officer under sections 96, 97,
98, 102, 109, 126 and 138 of the Customs Management
Act, and shall be deemed to be a customs officer for the
purposes of the said sections.

(2) A member of the Defence Force, shall, while on
duty, have, exercise and enjoy all the powers, authorities,
privileges and immunities of a peace officer under section
31 of the Dangerous Drugs Act, and shall be deemed to be
a peace officer for the purposes of the said section.

6. Notwithstanding anything contained in this Act,
the Governor-General may at any time order that the whole
or any part of the Defence Force shall be employed out of
or beyond The Bahamas.

7. (1) The Minister may order that any officer or
marine of the regular Force or any officer or marine of the
Reserve, shall proceed to any place outside The Bahamas
for the purpose of undergoing instruction or training or for
duty or employment.

(2) The Security Council may place any officer or
marine of the Defence Force at the disposal of the military
authorities of any other country or territory for the purpose
of his being attached to the armed forces of that country or
territory.

PART II
NATIONAL SECURITY COUNCIL

8. (1) There shall be a council to be called the
National Security Council which shall be responsible for
the command, discipline and administration of the Defence
Force and for all other matters in relation to the Defence
Force.

Member of
Defence Force to
have certain
powers of
customs officer
under Chapter
293 and peace
officer under
section 31 of Ch.
228.

Ch. 228.

Employment of
Defence Force
outside The
Bahamas.

Overseas
training.

Establishment of
National Security
Council.

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(2) The authority for the command, discipline, and
administration of the Defence Force shall, subject to
subsection (1), be exercised by the Minister.

(3) The responsibility as regards the operational use
of the Defence Force shall be vested in the Commander
subject to the general and special directions of the
Minister.

9. (1) The members of the Security Council shall be —
(a) the Prime Minister, who shall be the Chairman

of the Security Council;
(b) the Minister responsible for Defence (if such

Minister is not the Prime Minister);
(c) such other Ministers as may be appointed by the

Prime Minister;
(d) such other persons as may be appointed by the

Prime Minister for such periods, as he shall
specify.

(2) The Chairman may nominate any member to
perform the functions of Chairman at any meeting of the
Security Council at which the Chairman is absent, and such
nomination may be either general or in respect of a
particular occasion.

(3) The Chairman may, after consultation with the
Minister responsible for Defence, summon any person who
is not a member of the Security Council to attend any
meeting of the Security Council whenever he considers it
desirable so to do.

10. (1) The Security Council may make rules for all
or any of the following matters —

(a) the organisation of the work of the Security
Council and the manner in which it shall
perform its functions and the duties and
responsibilities of the several members thereof;

(b) the delegation, by notification in the Gazette of
the powers or duties of the Security Council to
any member thereof;

(c) any other matters for which the Security Council
may consider it necessary or desirable to provide
in order to secure the better performance of the
functions of the Security Council.

Membership of
Security Council.

Performance of
functions of
Security Council.

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(2) Nothing in this Act shall be deemed to require
the publication in the Gazette of any rules made under
subsection (1).

(3) Subject to any rules made under subsection (1)
and to the provisions of this Act, the Security Council may
regulate its own proceedings.

PART III
OFFICERS

11. (1) There shall be a Commissions Board of three
persons with which the Governor-General may consult in
relation to the exercise of his powers conferred by section
12.

(2) The members of the Commissions Board shall
be —

(a) a member appointed by the Security Council
from among the officers of the Defence Force
not below the rank of commander;

(b) a member of the Public Service Commission
appointed by the Minister;

(c) one other person appointed by the Minister.
(2) A member of the Commissions Board shall hold

office for a period not exceeding three years, and shall be
eligible for re-appointment.

(3) The member mentioned in paragraph (a) of
subsection (2) shall be Chairman of the Board.

12. (1) The power to grant commissions in the
Defence Force shall be vested in the Governor-General.

(2) A commission may be granted either for an
indefinite period or for a specified time.

(3) Every officer on being granted a commission
shall be issued with a commission in the form set out in the
First Schedule which commission shall be signed by the
Governor-General.

13. Every officer upon being granted a commission
shall be appointed by the Minister either to the regular
Force or the Reserve.

14. (1) Subject to this Act, the Minister may make
regulations with respect to all or any of the following
matters, that is to say, the commissioning of officers, their


Conditions of
appointing
officers.

Power to grant
commissions.

First Schedule.

Appointment of
officers.

Regulations for
this Part.

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terms of service, appointment, transfer, promotion,
retirement, resignation, removal from office and such other
matters concerning officers as may seem to him necessary.

(2) The appointment, transfer, substantive promotion,
retirement, resignation or removal from office of any officer
shall be notified in the Gazette.

PART IV
ENLISTMENT AND TERMS OF SERVICE IN THE

REGULAR FORCE
15. Any person authorised in that behalf by

regulations, in this Act referred to as a recruiting officer,
may enlist recruits in the regular Force in the prescribed
manner.

16. (1) A person offering to enlist in the regular
Force shall be given a notice in the prescribed form setting
out the questions to be answered on attestation and stating
the general conditions of the engagement to be entered into
by him and a recruiting officer shall not enlist any person
in that Force unless satisfied by that person that he has
been given such a notice, understands it, and wishes to be
enlisted.

(2) A recruiting officer shall not enlist a person
under the age of eighteen years in the regular Force.

(3) Where the recruiting officer is satisfied by the
production of a certified copy of an entry in the register of
births or by any other evidence appearing to him to be
sufficient, that a person offering to enlist has or has not
attained the age of eighteen years, that person shall be
deemed for the purposes of this Act to have attained, or as
the case may be, not to have attained, that age.

Terms and Conditions of Service
17. The term for which a person enlisting in the

regular Force may be enlisted shall be such term beginning
with the date of his attestation and not exceeding twenty-
five years or such other period as may be prescribed.

18. Notwithstanding anything in section 17, any
marine of the regular Force who at any time has completed


Recruiting
officers.

Enlistment.

Terms of
enlistment.

Re-engagement
and
continuation.

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twenty-five years of service or such other prescribed period
may, with the approval of the competent authority, re-
engage with the regular Force for such further period or
periods of service as may be prescribed until he attains the
age of fifty-five years.

19. Any marine of the regular Force whose service
expires during a state of war, insurrection, hostilities or
public emergency may be retained in that Force and his
service prolonged for such further period as the Security
Council may direct.

Discharge
20. (1) Save as in this Act provided, every marine of

the regular Force upon becoming entitled to be discharged,
shall be discharged with all convenient speed, but until
discharged shall remain subject to this Act.

(2) Where a marine of the regular Force is, when
entitled to be discharged, serving out of The Bahamas,
then —

(a) if he requires to be discharged in The Bahamas,
he shall be sent there free of cost with all
convenient speed and shall be discharged on his
arrival there or if he consents to his discharge
being delayed, within six months from his
arrival; but

(b) if at his request he is discharged at the place
where he is serving, he shall have no claim to be
sent to The Bahamas or elsewhere.

(3) Except in pursuance of the sentence of a court-
martial, a marine of the regular Force shall not be
discharged unless his discharge has been authorised by
order of the competent authority.

(4) Every marine of the regular Force shall be given
on his discharge a certificate of discharge containing such
particulars as may be prescribed.

21. (1) Notwithstanding anything in this Part, a
marine of the regular Force shall not be entitled to be
discharged at a time when he has become liable to be
proceeded against for an offence against any of the
provisions of this Act:

Prolongation of
service.

Discharge.

Postponement of
discharge or
transfer pending
proceedings for
offences, etc.

CH.211 – 20] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provided that if it is determined that the offence shall
not be tried by court-martial, this subsection shall cease to
apply.

(2) Notwithstanding anything in this Part, a marine
of the regular Force who is serving a sentence of
imprisonment or detention awarded by a court-martial or
by his commanding officer shall not be entitled to be
discharged during the currency of the sentence.

22. (1) A non-commissioned officer of the regular
Force shall not be reduced in rank except by a sentence of
a court-martial or by order of an officer not below the rank
of senior lieutenant or corresponding rank, authorised by
regulations to act for the purposes of this subsection.

(2) An authorisation under subsection (1) may be
given generally or subject to such limitations as may be
prescribed.

(3) For the purposes of this section, reduction in
rank does not include reversion from acting rank.

23. A marine of the regular Force may be
discharged by the competent authority at any time during
the currency of any term of engagement upon such grounds
as may be prescribed.

24. (1) Subject to this section, a marine of the
regular Force shall be entitled to claim his discharge at any
time within three months after the date of his first
attestation and if he makes such a claim he shall on
payment of a sum to be fixed by the Commander, but
which shall not exceed two hundred dollars, be discharged
with all convenient speed, but until discharged shall remain
subject to this Act.

(2) Section 20 shall not apply to a marine
discharged under this section.

(3) Notwithstanding this section, a marine of the
regular Force shall not be entitled to claim his discharge
pursuant to this section while marines of that Force are
required to continue their service under section 19.

Miscellaneous and Supplementary Provisions
25. In reckoning the service of any marine of the

regular Force towards discharge or re-engagement there
shall be excluded therefrom —

Restrictions on
reduction in rank
of warrant
officers and non-
commissioned
officers.

Discharge upon
prescribed
ground.

Right of marine
to purchase
discharge.

Rules for
revoking service.

DEFENCE [CH.211 – 21




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(a) all periods during which he has been absent
from his duty for any of the following causes —

(i) imprisonment or detention;
(ii) desertion;
(iii) absence without leave exceeding twenty-

eight days; and
(b) any period ordered by a court-martial to be

forfeited.
26. (1) Where a person has made such declaration

upon his attestation as may be prescribed and has thereafter
received pay as a marine of the regular Force —

(a) the validity of his enlistment shall not be called
in question on the grounds of any error or
omission in his attestation paper;

(b) after the expiration of a period of three months
from the date on which he made the said
declaration he shall be deemed to have been
validly enlisted notwithstanding any non-
compliance with the requirements of this Act or
any regulations made as to enlistment or
attestation or any other ground whatsoever (not
being an error or omission in his attestation
paper) and he shall be deemed to be a marine of
that Force until his discharge.

(2) Where a person has received pay as a marine of
the regular Force without having previously made such
declaration as aforesaid then —

(a) he shall be deemed to be a marine of that Force
until discharged;

(b) he may claim his discharge at any time and if he
makes such claim the claim shall be submitted
as soon as may be to the competent authority
who shall, if the claim is well founded, cause
him to be discharged with all convenient speed.

(3) Nothing in subsections (1) and (2) shall be
construed as prejudicing the determination of any question
as to the term for which a person was enlisted or as
preventing the discharge of a person who has not claimed
his discharge.

Validity of
attestation and
enlistment.

CH.211 – 22] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

27. (1) If a person appearing before a recruiting
officer for the purpose of being enlisted in the regular
Force knowingly makes a false answer to any question
contained in the attestation paper and put to him by or by
the direction of the recruiting officer, he shall be guilty of
an offence and liable on summary conviction to
imprisonment for a term not exceeding three months or to a
fine not exceeding one hundred dollars.

(2) For the avoidance of doubt it is hereby declared
that a person may be proceeded against under this section
notwithstanding that he has since become subject to this
Act.

PART V
DISCIPLINE AND TRIAL AND PUNISHMENT OF

SERVICE OFFENCES
28. (1) A person subject to this Act shall be guilty of an

offence against this section if, without lawful excuse,
he —

(a) surrenders any place or thing to the enemy; or
(b) abandons any place or thing which it is his duty

to defend against the enemy or to prevent from
falling into the hands of the enemy.

(2) A person subject to this Act shall be guilty of an
offence against this section if, being in the presence or
vicinity of the enemy, or being engaged in any action or
operation against the enemy or under orders to be prepared
for any action or operation by or against the enemy, he —

(a) fails to use his utmost exertions to carry the
lawful orders of his superior officers into
execution; or

(b) while on guard duty and posted or ordered to
patrol, or while on duty, sleeps or, without
having been regularly relieved, leaves any place
where it is his duty to be; or

(c) behaves in such a manner as to show cowardice,
or induces any other person so to behave at a
time when that other person, being a member of
the Defence Force or of a force co-operating
therewith, is in the presence or vicinity of the

False answers
in attestation
papers.

Misconduct in
action.

DEFENCE [CH.211 – 23




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enemy, or is engaged in any action or operation
against the enemy or under orders to be prepared
for any action or operation by or against the
enemy; or

(d) uses words likely to cause despondency or
unnecessary alarm.

(3) A person guilty of an offence against this section
shall be liable —

(a) if the offence consisted in an act or omission
falling within subsection (1) or paragraph (a) of
subsection (2) and was committed with intent to
assist the enemy, to suffer death or any less
punishment authorised by this Act;

(b) in any other case, to imprisonment or any less
punishment authorised by this Act.

29. (1) A person subject to this Act shall be guilty of
an offence against this section if, knowingly and without
lawful excuse he —

(a) communicates with, or gives intelligence to, the
enemy; or

(b) fails to make known to the proper authorities
any information received by him from the
enemy; or

(c) furnishes the enemy with supplies of any
description; or

(d) having been captured by the enemy, serves with
or aids the enemy in the prosecution of
hostilities or of measures likely to influence
morale, or in any other manner whatsoever not
authorised by international usage; or

(e) having been captured by the enemy, fails to take,
or prevents or discourages any other person
subject to service law who has been captured by
the enemy from taking, any reasonable steps to
rejoin the Defence Force which are available to
him or, as the case may be, to that other person;
or

(f) harbours or protects an enemy not being a
prisoner of war.

(2) A person guilty of an offence against this section
shall be liable —

Assisting the
enemy.

CH.211 – 24] DEFENCE






STATUTE LAW OF THE BAHAMAS LRO 1/2006

(a) if the offence consisted in an act or omission
falling within paragraph (a), (b), (c), (d) or (f) of
subsection (1) and was committed with intent to
assist the enemy, to suffer death or any less
punishment authorised by this Act;

(b) in any other case, to imprisonment or any less
punishment authorised by this Act.

30. (1) A person subject to this Act shall be guilty of
an offence against this section if he does any act likely to
imperil the success of any action or operation on the part of
the Defence Force, or wilfully delays or discourages upon
any pretext whatsoever any such action or operation.

(2) A person subject to this Act shall be guilty of an
offence against this section if, knowingly and without
lawful excuse, he gives any false air signal, or alters or
interferes with any air signal or any apparatus for giving an
air signal.

(3) A person guilty of an offence against this section
shall be liable —

(a) if the offence was committed with intent to
assist the enemy, to suffer death or any less
punishment authorised by this Act;

(b) in any other case, to imprisonment or any less
punishment authorised by this Act.

31. Any person subject to this Act who —
(a) steals from, or with intent to steal searches, the

person of anyone killed, wounded or captured in
the course of warlike operations, or killed,
injured or detained in the course of operations
undertaken by the Defence Force for the
preservation of law and order or otherwise in aid
of the civil authorities; or

(b) steals any property which has been left exposed
or unprotected in consequence of any such
operations as are mentioned in paragraph (a); or

(c) takes, otherwise than for the public service, any
vehicle, equipment or stores abandoned by the
enemy,

shall be guilty of looting and liable to imprisonment or any
less punishment authorised by this Act.

Obstructing
operations,
giving false air
signals, etc.

Looting.

DEFENCE [CH.211 – 25




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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

32. Any person subject to this Act who —
(a) while on guard duty and posted or ordered to

patrol, or on watch, or under orders to regulate
traffic by land, water or air, sleeps or, without
having been regularly relieved, leaves any place
where it is his duty to be; or

(b) strikes, or otherwise uses force against, a
member of the Defence Force or of any forces
co-operating therewith, who is on guard duty
and posted or ordered to patrol or to watch, or
under orders to regulate traffic by land, water or
air; or

(c) by the threat of force compels any such person
as is mentioned in paragraph (b) to let him or
any other person pass, shall be liable to
imprisonment for a term not exceeding two
years or any less punishment authorised by this
Act.

33. Any person subject to this Act who —
(a) without reasonable excuse, fails to attend for any

duty of any description, or leaves any such duty
before he is permitted to do so;

(b) neglects to perform, or negligently performs,
any duty of any description; or

(c) without reasonable excuse, fails to submit to a
medical examination by a medical officer of the
Defence Force, or to provide to a commissioned
officer a specimen of urine for a laboratory test,
when reasonably requested by the Commander
to do so in the interests of defence,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

Mutiny
34. In this Act “mutiny” means a combination

between two or more persons subject to service law, or
between persons two at least of whom are subject to
service law —

(a) to overthrow or resist lawful authority in the
Defence Force or any forces co-operating
therewith, or in any part of any of the said
forces;

(b) to disobey such authority in such circumstances
as to make the disobedience subversive of


Offences by or in
relation to
sentries, persons
on watch, etc.

Failure to attend
for duty, neglect
of duty, etc.

5 of 1988, s. 2.

Definition of
“mutiny”.

CH.211 – 26] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

discipline, or with the object of avoiding any
duty or service against, or in connection with
operations against, the enemy; or

(c) to impede the performance of any duty or
service in the Defence Force or in any forces co-
operating therewith, or in any part of any of the
said forces.

35. (1) Every person subject to this Act who takes
part in a mutiny which has as its object or one of its objects
the refusal or avoidance of any duty or service against, or
in connection with operations against, the enemy, or the
impeding of the performance of any such duty or service,
or who incites any other person subject to service law to
take part in such a mutiny, whether actual or intended,
shall, be liable to death or any less punishment authorised
by this Act.

(2) Every person subject to this Act who takes part
in a mutiny not described in subsection (1), or incites any
other person subject to service law to take part in such a
mutiny, whether actual or intended, shall be liable to
imprisonment or any less punishment authorised by this
Act.

36. Every person subject to this Act who, knowing
that a mutiny is taking place or is intended —

(a) fails to use his utmost endeavours to suppress or
prevent it; or

(b) fails to report without delay that the mutiny is
taking place or is intended,

shall be liable if the offence is committed with intent to
assist the enemy, to death or any less punishment
authorised by this Act, and in any other case, to
imprisonment or any less punishment so authorised.

Insubordination and Similar Offences
37. Every person subject to this Act who —
(a) strikes or otherwise uses violence to, or offers

violence to, his superior officer; or
(b) uses threatening or insubordinate language to, or

behaves with contempt to, his superior officer,
shall be liable to imprisonment or any less punishment
authorised by this Act:

Offences of
mutiny.

Failure to
suppress mutiny.

Insubordinate
behaviour.

DEFENCE [CH.211 – 27




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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Provided that it shall be a defence for any person
charged under this section to prove that he neither knew
nor had reasonable cause to believe that the person in
relation to whom the offence is alleged to have been
committed was his superior officer.

38. Any person subject to this Act who, whether
wilfully or through neglect, disobeys any lawful command
(by whatever means communicated to him) shall be liable
to imprisonment or any less punishment authorised by this
Act.

39. Every person subject to this Act who without
reasonable excuse —

(a) fights with any other person, whether subject to
this Act or not; or

(b) uses threatening, abusive, insulting or
provocative words or behaviour likely to cause a
disturbance,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

40. Every person subject to this Act who obstructs,
or refuses, when called on, to assist, any provost officer, or
any person (whether subject to this Act or not) legally
exercising authority under or on behalf of a provost officer,
shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act;

Provided that it shall be a defence for any person
charged under this section to prove that he neither knew
nor had reasonable cause to believe that the person in
relation to whom the offence is alleged to have been
committed was a provost officer, or, as the case may be, a
person legally exercising authority under or on behalf of a
provost officer.

41. (1) Every person subject to this Act who
contravenes or fails to comply with any provision of orders
to which this section applies, being a provision known to
him or which he might reasonably be expected to know,
shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

Disobedience to
lawful
commands.

Fighting and
quarrelling.

Obstruction of
provost officers.

Disobedience to
standing orders.

CH.211 – 28] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) This section applies to standing orders or other
routine orders of a continuing nature made for any
formation or body of the Defence Force, or for any
command or other area, garrison or place, or for any ship,
vessel or aircraft.

Desertion and Absence without Leave
42. A person is guilty of desertion within the

meaning of this Act if he —
(a) leaves or fails to attend at his unit, ship or place

of duty with the intention of remaining
permanently absent from duty without lawful
authority, or, having left or failed to attend at his
unit, ship or place of duty, thereafter forms the
like intention; or

(b) absents himself without leave with intent to
avoid serving at any place overseas, or to avoid
service of any particular service when before the
enemy.

43. (1) Every person subject to this Act who deserts,
shall be liable to imprisonment or any less punishment
authorised by this Act.

(2) A person convicted of desertion shall, except so
far as the court or officer by whom he is tried may
otherwise direct, forfeit all pay, bounty, salvages and
allowances earned by him, all annuities, pensions and
gratuities granted to him, and all clothes and effects left by
him on board his ship or at his place of duty.

44. Every person subject to this Act —
(a) absents himself without leave; or
(b) improperly leaves his ship,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act,
and to such other punishment by way of forfeiture of pay
or other benefits as may be prescribed.

45. Every person subject to this Act who, knowing
that any other person subject thereto has committed an
offence, or is attempting to commit an offence, under
section 43(1) or section 44 —

(a) fails to report the fact without delay; or

Definition of
“desertion”.

Offences of
desertion.

Absence without
leave, etc.

Failure to report
deserters and
absentees.

DEFENCE [CH.211 – 29




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(b) fails to take any steps within his power to cause
that person to be apprehended,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

Navigation and Flying Offences
46. Every person subject to this Act who, either

wilfully or by negligence, causes or allows to be lost,
stranded or hazarded any ships or vessels belonging to the
Defence Force shall be liable, if he acts wilfully or with
neglect, to imprisonment or any less punishment authorised
by this Act, and in any other case to imprisonment for a
term not exceeding two years or any less punishment so
authorised.

47. Every person subject to this Act who is guilty of
an act or neglect in flying, or in the use of any aircraft or in
relation to any aircraft or aircraft material, which causes or
is likely to cause loss of life or bodily injury to any person,
shall be liable —

(a) if he acts wilfully or with wilful neglect, to
imprisonment or any less punishment authorised
by this Act; or

(b) in any other case, to imprisonment for a term not
exceeding two years or any less punishment
authorised by this Act.

48. Every person subject to this Act who, being the
pilot of any aircraft belonging to the Defence Force, flies it
at a height less than such height as may be prescribed
except —

(a) while taking off or alighting; or
(b) in such other circumstances as may be so

provided,
shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act:

Provided that where a pilot flies an aircraft in
contravention of this section on the orders of some other
person who is in command of the aircraft, that other person
shall be treated for the purposes of this section as having
been the pilot of, and flying, the aircraft at the material
time.

Loss or
hazarding of
ship.

Dangerous
flying, etc.

Low flying.

CH.211 – 30] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

49. Every person subject to this Act, who being the
pilot of any aircraft belonging to the Defence Force, flies it
so as to cause, or to be likely to cause, unnecessary
annoyance to any person, shall be liable to dismissal from
the Defence Force or any less punishment authorised by
this Act:

Provided that where a pilot flies an aircraft in
contravention of this section on the orders of some other
person who is in command of the aircraft, that other person
shall be treated for the purposes of this section as having
been the pilot of, and flying, the aircraft at the material
time.

Prize Offences
50. Every person subject to this Act who, being in

command of any of the ships, vessels or aircraft belonging
to the Defence Force —

(a) having taken any ship, vessel or aircraft as prize,
fails to send to the Supreme Court, or to some
other court having jurisdiction in the case, all the
ship papers or aircraft papers, as the case may
be, found on board;

(b) unlawfully makes any agreement for the
ransoming of any ship, vessel, aircraft or goods
taken as prize; or

(c) in pursuance of any such agreement as aforesaid,
or otherwise by collusion, restores or abandons
any ship, vessel, aircraft, or goods taken as
prize,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

51. Every person subject to this Act who —
(a) strikes or otherwise ill-treats any person who is

on board a ship, vessel or aircraft when taken as
prize, or unlawfully takes from any such person
anything in his possession;

(b) removes out of any ship, vessel or aircraft taken
as prize (otherwise than for safe keeping or for
the necessary use and service of the Defence
Force or any forces co-operating therewith) any
goods not previously adjudged by the Supreme
Court, or some other court having jurisdiction in
the case, to be lawful prize; or

Annoyance by
flying.

Prize offences by
commanding
officers.

Other prize
offences.

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(c) breaks bulk on board any ship, vessel or aircraft
taken as prize, or detained in exercise of any
belligerent right or under any enactment, with
intent to embezzle or fraudulently misapply
anything therein,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

Other Offences in respect of Ships and
Aircraft

52. Every person subject to this Act who makes or
signs, without having ensured its accuracy —

(a) a certificate relating to any matter affecting the
seagoing or fighting efficiency of any ships or
vessels belonging to the Defence Force; or

(b) any certificate relating to any aircraft or aircraft
material, belonging to the Defence Force,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

Malingering, Drunkenness and Drug Abuse
53. (1) A person is guilty of malingering within the

meaning of this section if he falsely pretends to be
suffering from sickness or disability, if he injures himself
with intent thereby to render himself unfit for service, or
causes himself to be injured by any person with that intent,
if he injures another person subject to service law at the
instance of that other person and with intent thereby to
render that other person unfit for service or if, with intent
to render or keep himself unfit for service, he does or fails
to do anything (whether at the time of the act or omission
he is in hospital or not) whereby he produces, or prolongs
or aggravates, any sickness or disability; and for the
purposes of this subsection the expression “unfit” includes
temporarily unfit.

(2) Every person subject to this Act who malingers
shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

54. (1) A person is drunk within the meaning of this
section if owing to the influence of alcohol or any drug,


Inaccurate
certification.

Malingering.

Drunkenness.

CH.211 – 32] DEFENCE






STATUTE LAW OF THE BAHAMAS LRO 1/2006

whether alone or in combination with any other
circumstances, he is unfit to be entrusted with his duty or
with any duty which he might reasonably expect to be
called upon to perform, or behaves in a disorderly manner
or in a manner likely to bring discredit on the Defence
Force.

(2) Every person subject to this Act who is drunk,
whether on duty or not, shall be liable to imprisonment for
a term not exceeding two years or any less punishment
authorised by this Act.

55. (1) If any person subject to this Act smokes or
otherwise uses any dangerous drug he shall be liable to
dismissal from the Defence Force with disgrace or to any
less punishment authorised by this Act.

(2) In any proceedings for an offence under
subsection (1), the commanding officer or the court-
martial, as the case may be, shall have regard to any
evidence which may be given of the proportion or quantity
of any dangerous drug which at any material time was
present in the body of the accused, as ascertained by
analysis of a specimen of urine provided by the accused to
a commissioned officer of the Defence Force for a
laboratory test.

(3) For the purposes of subsection (2), a certificate
purporting to be signed by an analyst and certifying the
proportion or quantity of any dangerous drug found in a
specimen of urine identified by the certificate shall be
evidence of the matters so certified and of the qualification
of the analyst.

(4) For the purposes of subsection (2) a certificate
purporting to be signed by a commissioned officer of the
Defence Force and certifying that he took a specimen of
urine from a person for a laboratory test shall be evidence
of the matters so certified.

(5) In any proceedings for an offence under
subsection (1), it shall be a defence to prove that at the time
of the act alleged against the accused he was using the
dangerous drug for medical purposes and that he used it on
medical advice and complied with any directions given as
part of that advice.

(6) In this section —
“analyst” means a person employed in the public

service as an analyst;

Drug abuse.
5 of 1988, s. 3.

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“dangerous drug” has the same meaning as in the
Dangerous Drugs Act;

“laboratory test” means the analysis of a specimen of
urine provided for the purpose.

Offences relating to Property
56. (1) Any person subject to this Act who —
(a) wilfully damages or causes the loss of, or is

concerned in the wilful damage or loss of, any
public or service property, or any property
belonging to another person so subject; or

(b) by wilful neglect causes or allows damage to, or
the loss of, any public or service property or
property so belonging,

shall be liable to imprisonment or any less punishment
authorised by this Act.

(2) Any person subject to this Act who —
(a) by negligent act or omission causes or allows

damage to, or the loss of, any public or service
property; or

(b) is guilty of any wilful or negligent act or
omission which is likely to cause damage to, or
the loss of, any such property,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

57. (1) Without prejudice to the generality of section
56, a person subject to this Act shall be guilty of an offence
if he —

(a) wilfully damages or causes the loss of, or is
concerned in the wilful damage or loss of, any of
the aircraft or aircraft material belonging to the
Defence Force; or

(b) by wilful neglect causes or allows damage to, or
the loss of, any of the aircraft or aircraft material
belonging to the Defence Force; or

(c) without lawful authority disposes of any aircraft
or aircraft material belonging to the Defence
Force; or

Ch. 228.

Damage to, and
loss of, public or
service property,
etc.

Damage to, or
loss of the
Defence Force’s
aircraft or aircraft
material.

CH.211 – 34] DEFENCE






STATUTE LAW OF THE BAHAMAS LRO 1/2006

(d) by any negligent act or omission, causes or
allows damage to, or the loss of, any aircraft or
aircraft material belonging to the Defence Force;
or

(e) is guilty of any wilful or negligent act or
omission which is likely to cause damage to, or
the loss of, any aircraft or aircraft material
belonging to the Defence Force; or

(f) during a state of war, wilfully and without
proper occasion, or negligently, causes the
sequestration by or under the authority of a
neutral state, or the destruction in a neutral state,
of any aircraft belonging to the Defence Force.

(2) A person guilty of an offence against this section
shall be liable —

(a) if his office consisted in an act or omission
falling within paragraph (a), (b), or (c) of
subsection (1), or if it consisted in an act or
omission falling within paragraph (f) of that
subsection and it is proved that he acted wilfully
or with wilful neglect, to imprisonment or any
less punishment authorised by this Act;

(b) in any other case, to imprisonment for a term not
exceeding two years or any less punishment
authorised by this Act.

58. Any person subject to this Act who misapplies
or wastefully expends any public or service property shall
be liable to imprisonment for a term not exceeding two
years or any less punishment authorised by this Act.

59. (1) Every person subject to this Act who makes
away with (whether by pawning, selling, destroying or in
any other way), or loses or by negligence damages or
allows to be damaged —

(a) any clothing, arms, ammunition or other
equipment issued to him for his use for service
purposes; or

(b) any naval, military or air force decoration
granted to him,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

Misapplication
and waste of
public or service
property.

Offences relating
to issues and
decorations.

DEFENCE [CH.211 – 35




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(2) It shall be a defence for a person charged under
this section with losing any property that he took
reasonable steps for its care and preservation.

Offences relating to Billeting and
Requisitioning of Vehicles

60. Every person subject to this Act who —
(a) knowing that no billeting requisition is in force

under any law authorising him to demand any
billets, or that he is otherwise not authorised to
demand them, obtains those billets or orders or
procures another person to obtain them;

(b) takes or agrees to take, or demands, from a
person on whom he or any other person or any
vehicle is or is to be billeted in pursuance of a
billeting requisition under any law, any money
or thing as consideration for not requiring, or
ceasing to require, accommodation for himself
or the said other person or standing room for the
vehicle; or

(c) wilfully or by wilful neglect destroys or
damages, or causes or allows to be destroyed or
damaged, any premises in which he is billeted in
pursuance of a billeting requisition under any
law or any property being in such premises,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

61. Every person subject to this Act who —
(a) knowing that no requisitioning order is in force

under any law authorising him to give directions
for the provision of any vehicle, or that he is
otherwise not authorised to give such directions,
gives directions for the provision of the whole of
the vehicle or orders or procures another person
to give such directions;

(b) in purported exercise of powers conferred by a
requisitioning order under any law, takes, or
orders or procures any other person to take
possession of a vehicle, knowing that no
requisition order is in force under which the
taking possession of the vehicle could be
authorised, or that the taking possession thereof
is otherwise not authorised under such an order;
or

Billeting
offences.

Offences in
relation to
requisitioning of
vehicles, etc.

CH.211 – 36] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) takes or agrees to take, or demands, from any
person any money or thing as consideration for
directions, or any particular directions, for the
provision of a vehicle not being given, or
possession of a vehicle not being taken, or not
being retained, under a requisitioning order
under any law,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

(2) Subsection (1) shall apply in relation to horses,
mules, food and forage and stores as it applies in relation to
vehicles.

Offences relating to, and by, Persons in
Custody

62. (1) Every person subject to this Act who wilfully
allows to escape any person who is committed to his
charge, or whom it is his duty to guard, shall be liable to
imprisonment or any less punishment authorised by this
Act.

(2) Every person subject to this Act who —
(a) without proper authority releases any person

who is committed to his charge; or
(b) without reasonable excuse allows to escape any

person who is committed to his charge, or whom
it is his duty to guard,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

63. (1) Every person subject to this Act, who, being
concerned in any quarrel or disorder, refuses to obey any
officer who orders him into arrest, or strikes or otherwise
uses violence to, or offers violence to, any such officer,
shall be guilty of an offence against this section whether or
not the officer is his superior officer.

(2) Every person subject to this Act who strikes, or
otherwise uses violence to, any person, whether subject to
this Act or not, whose duty it is to apprehend him or in
whose custody he is, shall be guilty of an offence against
this section.

(3) Every person guilty of an offence against this
section shall be liable to imprisonment for a term not


Permitting
escape, and
unlawful release
of prisoners.

Resistance to
arrest.

DEFENCE [CH.211 – 37




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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

exceeding two years or any less punishment authorised by
this Act.

64 Every person subject to this Act who escapes
from arrest, prison or other lawful custody (whether naval
or not) shall be liable to imprisonment for a term not
exceeding two years or any less punishment authorised by
this Act.

Miscellaneous Offences
65. (1) Every person subject to this Act who without

lawful authority discloses or purports to disclose, whether
orally, in writing, by signal or by any other means
whatsoever, information relating to any matter upon which
information would or might be useful to an enemy shall be
liable to imprisonment for a term not exceeding two years
or any less punishment authorised by this Act.

(2) It shall be a defence for a person charged with
an offence under this section that he did not know and had
no reasonable cause to believe that the information
disclosed related to a matter upon which information
would or might be directly or indirectly useful to an
enemy.

66. Every person subject to this Act who —
(a) makes, signs, or makes an entry in, any report,

return, pay list or certificate or other official
document, being a document or entry which is to
his knowledge false in a material particular; or

(b) alters any report, return, pay list or certificate or
other official document, or alters any entry in
such a document, so that the document or entry
is to his knowledge false in a material particular,
or suppresses, defaces or makes away with any
such document or entry which it is his duty to
preserve or produce; or

(c) with intent to deceive, fails to make an entry in
any such document,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

67. Every person who, when before a recruiting
officer for the purpose of being attested, has knowingly
made a false answer to any question contained in the


Escape from
confinement.

Unauthorised
disclosure of
information.

Falsification of
documents.

Making false
statements on
enlistment.

CH.211 – 38] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

attestation paper and put to him by or by direction of the
recruiting officer shall, if he has since become and remains
subject to this Act, be liable to imprisonment for three
months or to any less punishment authorised by this Act.

68. Every person subject to this Act who, in any
country or territory outside The Bahamas, commits any
offence against the person or property of any member of
the civilian population shall be liable to imprisonment for a
term not exceeding two years or any less punishment
authorised by this Act.

69. Any person subject to this Act who spreads
(whether orally, in writing, by signal, or otherwise) reports
relating to operations of the Defence Force, of any forces
co-operating therewith, or of any part of any of those
forces, being reports likely to create despondency or
unnecessary alarm, shall be liable to imprisonment for a
term not exceeding two years or any less punishment
authorised by this Act.

70. Every officer subject to this Act who behaves in
a scandalous manner unbecoming the character of an
officer shall be liable to dismissal from the Defence Force
with or without disgrace.

71. (1) Except with the authorisation of the Minister
under subsection (2), no officer or marine shall directly or
indirectly —

(a) take and continue in any employment;
(b) practise any profession;
(c) carry on any trade; or
(d) engage in any business or occupation,
other than in service in the Defence Force.
(2) Where it appears to the Minister that any

employment, profession, trade, business or occupation —
(a) is in the public interest; and
(b) cannot adequately be undertaken by a person

other than an officer or marine,
the Minister may in writing authorise the officer or marine
to undertake such employment, profession, trade, business
or occupation subject to such conditions as may be
specified in the authorisation.

Offences against
civilian
population.

Offences against
morale.

Scandalous
conduct by
officers.

Gainful
occupation.
5 of 1988, s. 4.

DEFENCE [CH.211 – 39




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(3) Any officer or marine who acts in contravention
of subsection (1) is guilty of an offence and liable to a fine
of a sum not exceeding the equivalent of twenty-eight
days’ pay.

(4) In this section “officer or marine” means officer
or marine of the regular Force.

72. If —
(a) any officer subject to this Act strikes or

otherwise ill-treats any officer subject thereto of
inferior rank or less seniority, or any marine so
subject; or

(b) any marine subject to this Act and of or above
the rate of leading marine, strikes or otherwise
ill-treats any marine subject thereto of inferior
rate or less seniority,

he shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

73. Every person subject to this Act who is guilty of
any disgraceful conduct of a cruel, indecent, or unnatural
kind shall be liable to imprisonment for a term not
exceeding two years or any less punishment authorised by
this Act.

74. (1) Every person subject to this Act who —
(a) having been duly summoned or ordered to

attend before a court-martial, fails to comply
with the summons or order;

(b) refuses to take an oath or make affirmation when
duly required by a court-martial to do so;

(c) refuses to produce any document in his custody
or under his control which a court-martial has
lawfully required him to produce;

(d) when a witness, refuses to answer any question
which a court-martial has lawfully required him
to answer;

(e) wilfully insults any person, being a member of a
court-martial or a witness or any other person
whose duty it is to attend on or before the court,
while that person is acting as a member thereof
or is so attending, or while that person is going
to or returning from the proceedings of the
court; or

Ill-treatment of
persons of
inferior rank, etc.

Disgraceful
conduct.

Offences in
relation to
courts-martial.

CH.211 – 40] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(f) wilfully interrupts the proceedings of a court-
martial, or otherwise misbehaves before the
court,

shall be liable to imprisonment for a term not exceeding
two years or any less punishment authorised by this Act.

(2) Where an offence against subsection (1) is
committed in relation to a court-martial and that court is of
opinion that it is expedient that the offender should be dealt
with summarily by the court instead of being brought to
trial under this Act, the court may by order under the hand
of the president sentence the offender —

(a) if he is an officer, to imprisonment for a term
not exceeding twenty-one days, or to a fine not
exceeding the amount of his pay for twenty-
eight days (a day’s pay being taken for this
purpose as the gross amount which is, or would
apart from any forfeiture be issuable to the
offender in respect of the day on which the order
is made);

(b) in any other case, to imprisonment or detention
for such a term as aforesaid, or to such a fine as
aforesaid.

(3) References in paragraphs (a) to (f) of subsection
(1) to a court-martial shall include references to a court
held in pursuance of service law.

75. Every person subject to this Act who is guilty of
any act, conduct or neglect prejudicial to —

(a) the disclipline of the Defence Force;
(b) the safety, interests or operations of the Defence

Force,
not described in the foregoing provisions of this Act, shall
be liable to imprisonment for a term not exceeding two
years or any less punishment authorised by this Act.

Attempts and Aiding and Abetting
76. Every person subject to this Act who attempts to

commit an offence against any of the foregoing provisions
of this Act, shall be liable to the like punishment as for that
offence:

Provided that a person shall not in any case be liable
under this section to any greater punishment than
imprisonment.

Conduct to the
prejudice of
discipline.

Attempt to
commit naval
offence.

DEFENCE [CH.211 – 41




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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

77. (1) Any person subject to this Act who aids,
abets, counsels or procures the commission by another
person of an offence against any of the foregoing
provisions of this Act, or who incites another person to
commit any such offence, shall himself be guilty of the
offence in question, aid shall be liable to be charged, tried
and punished accordingly.

(2) A person may be guilty by virtue of subsection
(1) of an offence against section 66 whether or not he
knows the nature of the document in question.

Civil Offences
78. (1) Every person subject to this Act who is

guilty of any civil offence (that is to say, any act or
omission which is punishable by the law of The Bahamas
or would be punishable if committed in The Bahamas)
shall be liable on conviction under this Act —

(a) in the case of an offence of treason or murder, to
death;

(b) in the case of any other offence, to such
punishments (being a punishment or
punishments authorised by this Act) as could be
imposed on the offender on conviction by a civil
court of the like offence committed in The
Bahamas, or to any punishment so authorised
which is less than the maximum punishment
which could be so imposed.

(2) A person subject to this Act may be charged an
offence under this section notwithstanding that could on
the same facts be charged with an offence any other
provision of this Part.

Punishments
79. (1) The punishments which may be awarded

persons convicted of offences under this Part are subject to
the following provisions of this section as follows —

(a) death;
(b) imprisonment;
(c) dismissal with disgrace from the Defence Force;
(d) dismissal from the Defence Force;
(e) detention for a term not exceeding two years;

Aiding and
abetting, etc.,
and inciting.

Civil offences.

Scale of
punishments and
supplementary
provisions.

CH.211 – 42] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(f) forfeiture of seniority for a specified term or
otherwise;

(g) dismissal from the ship to which the offender
belongs;

(h) disrating;
(i) fine;
(j) severe reprimand;
(k) reprimand;
(l) in the case of an offence which has occasioned

any expense, loss or damage, stoppages, that is
to say, the recovery by deductions from the
offender’s pay, of a specified sum by way of
compensation for the expense, loss or damage;
and

(m) such minor punishments as may from time to
time be prescribed,

and references in this Act to any punishment authorised by
this Act are, subject to the limitation imposed in any
particular case by the addition of the word “less”,
references to any one or more of the said punishments.

For the purposes of this Part a punishment specified
in any of the above paragraphs shall be treated as less than
the punishments specified in the paragraphs preceding that
paragraph and greater than those specified in the
paragraphs, following it:

Provided that detention shall not be deemed to be a
less punishment than imprisonment if the term of detention
is longer than the term of imprisonment.

(2) Subsection (1) shall have effect —
(a) in relation to a convicted person who is an

officer, with the omission of paragraphs (e), (h)
and (m);

(b) in relation to a convicted person who is a
warrant officer, with the omission of paragraphs
(f), (g) and (m); and

(c) in relation to a convicted person who is a rating
below the rate of warrant officer, with the
omission of paragraphs (f) and (g) and, if he is
below the rate of leading seaman or equivalent
rate, of paragraphs (h), (j) and (k) also.

(3) A person sentenced under this Act to
imprisonment shall also be sentenced either to dismissal with


DEFENCE [CH.211 – 43




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disgrace from the Defence Force or to dismissal from the
Defence Force:

Provided that, if the sentencing authority fail to give
effect to this subsection, their sentence shall not be invalid,
but shall be deemed to include a sentence of dismissal from
the Defence Force.

(4) A marine of the rate of leading marine seaman
or equivalent rate sentenced under this Act to
imprisonment, to dismissal from the Defence Force
(whether or not with disgrace), or to detention, shall also
be sentenced to disrating:

Provided that, if the sentencing authority fail to give
effect to this subsection, their sentence shall not be invalid
but shall be deemed to include a sentence of disrating.

(5) A sentence of disrating awarded in compliance
with subsection (4), or deemed to have been awarded by
virtue of the proviso to that subsection, shall be one
reducing the offender to such rate as may be prescribed in
relation to persons of the class to which he belongs by
regulations and any other sentence of disrating under this
Act may reduce the offender to any rate not lower than that
so prescribed.

(6) The amount of a fine that may be awarded under
this Act by way of punishment for an offence, except in the
case of an offence under section 78 hereof, shall not exceed
the amount of the offender’s pay for twenty-eight days; and
in the said excepted case —

(a) the amount of a fine that may be so awarded by
a court-martial —

(i) where the civil offence constituting the
offence under that section is punishable by
a civil court in The Bahamas only on
summary conviction, and is so punishable
by a fine, shall not exceed the maximum
amount of that fine; and

(ii) where the said civil offence is punishable
by a civil court in The Bahamas on
information (whether or not it is also
punishable on summary conviction) by a
fine shall not exceed the maximum
amount of that fine;

(b) the amount of a fine that may be so awarded
where the offence is tried summarily —

CH.211 – 44] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(i) in any case shall not exceed the amount of
the offender’s pay for twenty-eight days;

(ii) where the said civil offence is punishable
by a civil court in The Bahamas only on
summary conviction, and is so punishable
by a fine of a maximum amount less than
the above mentioned in subparagraph (1)
above, shall not exceed that maximum;
and

(iii) where the said civil offence is punishable
by a civil court in The Bahamas on
information by a fine or a maximum
amount less than the amount so mentioned
(whether or not it is also punishable on
summary conviction) shall not exceed that
maximum;

and for the purposes of this subsection a day’s pay shall, as
regards a person found guilty of an offence, be deemed to
be the gross pay that is, or would (apart from any
forfeiture) be, issuable to that person in respect of the day
on which punishment is awarded in respect of that offence.

80. (1) Subject to this section, if a court-martial
imposes a fine on a person found guilty of any offence —

(a) who is sentenced to imprisonment on the same
occasion for the same or another offence; or

(b) who is already serving or otherwise liable to
serve a term of imprisonment,

it may make an order fixing a further consecutive term of
imprisonment such as is specified in subsection (2) which
the said person is to undergo if any such part of the fine is
not duly paid or recovered on or before the date on which
he could otherwise be released.

(2) The further term of imprisonment shall be such
term, not exceeding twelve months, as the court in all the
circumstances thinks fit.

(3) Where the whole amount of the said fine is paid
or recovered in the prescribed manner, the order under
subsection (1) shall cease to have effect, and the person
subject to it shall be released unless he is in custody for
some other cause.

(4) Where part of the said amount is paid or recovered
in such manner as may be prescribed by regulations, the
period of the further term of imprisonment specified under


Power to impose
imprisonment for
default in
payment of fines.

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subsection (1) shall be reduced by such number of days as
bears to the total number of days in that period less one day
the same proportion as the amount so paid or recovered
bears to the amount of the said fine.

(5) In calculating the reduction required under
subsection (4) any fraction of a day shall be left out of
account.

(6) In this section, references to the due recovery of
any amount include references to deductions from pay
under Part VII, but do not include references to amounts
forfeited under the said Part VII.

81. (1) It shall be the duty of every person subject to
this Act who knows or has reasonable grounds for
suspecting that any other person subject thereto is
committing or has committed an offence under any
provision of this Part to take all reasonable steps within his
power to cause that person to be brought to justice.

(2) Subject to standing orders of the commanding
officer of any ship or establishment of the Defence Force,
the following persons shall have power to arrest a person
subject to this Act who is found committing or is alleged to
have committed or is reasonably suspected of having
committed any such offence as aforesaid, that is to say —

(a) in the case of an officer, an officer subject to this
Act who is his superior officer or, if the person
to be arrested is engaged in a mutiny, quarrel or
disturbance, any officer subject to this Act;

(b) in the case of a marine, an officer subject to this
Act, a warrant officer, chief petty officer, petty
officer or leading marine subject to this Act who
is of superior rate or senior to him in the same
rate, and any marine exercising authority as a
member of the regulating staff or a member or
staff officer of the watch;

(c) in any case, a provost officer and any officer or
person legally exercising authority under or on
behalf of a provost officer:

Provided that an officer shall not be arrested by
virtue of paragraph (c) of this subsection except on the
order of another officer.

Duty to bring
offenders to
justice and
powers of arrest.

CH.211 – 46] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Any power of arrest under this section may be
exercised either personally or by ordering into arrest the
person to be arrested or by giving orders for that person’s
arrest.

82. (1) Where any person subject to this Act is
placed under arrest, it shall be the duty of the commanding
officer of the ship or establishment in which he is serving
to ensure that as soon as may be either proceedings are
taken for his trial or he is released from arrest.

(2) Whenever any person subject to this Act, having
been taken into custody, remains under close arrest for a
longer period than eight days without being tried
summarily under this Part or without a court-martial for his
trial being assembled, a special report on the necessity for
further delay shall be made by his commanding officer to
the Commander and a similar report shall be so made every
eight days until the person under arrest is released from
arrest or tried summarily or a court-martial is assembled.

(3) Any report to be made under this section shall
be made by the quickest method which is reasonably
available in the circumstances.

Investigation of, and Summary Dealing with,
Charges

83. (1) Before an allegation against a person subject
to this Act (hereinafter referred to as “the accused”) that he
has committed an offence against any provision of this Part
is further proceeded with, the allegation shall be reported,
in the form of a charge, to the accused’s commanding
officer and the commanding officer shall investigate the
charge in the prescribed manner.

(2) Without prejudice to any other powers conferred
under this Act where an allegation has been made against a
person subject to this Act that he has committed an offence
against any provision of this Part or a criminal charge has
been laid in a civil court against such a person the
Governor-General, if that person holds a commission, or
otherwise, the Commander may interdict from duty that
person pending the determination of that allegation or
charge if the Governor-General or the Commander, as the

Provisions for
avoiding delay
after arrest.

Investigation of
charges by
commanding
officer.

25 of 1993, s. 2.

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case may be, considers that the interests of discipline
require that such person shall forthwith cease to exercise
the powers and functions of a member of the Defence
Force.

(3) A person interdicted from duty shall not by
reason of the interdiction cease to be a person subject to
this Act but the powers, privileges and benefits vested in
him as a member of the Defence Force shall be in abeyance
during the period of interdiction.

(4) A person who has been interdicted shall during
the period of interdiction be allowed to receive such
proportion of his pay, not being less than one-half, as the
Governor-General or the Commander may think fit and if
the proceedings following upon the allegation or the
criminal charge do not result in his dismissal or conviction
he shall be entitled to the full amount of the emoluments
which he would have received if he had not been
interdicted.

84. (1) After investigation, a charge against an
officer below the rank of senior lieutenant may, if the
commanding officer has power under the following
provisions of this Part to deal with it summarily, be so
dealt with by the commanding officer in accordance with
those provisions.

(2) After investigation, a charge against a warrant
officer or non-commissioned officer or marine may be
dealt with summarily by his commanding officer, subject
to, and in accordance with, the following provisions of this
Part.

(3) Any charge not dealt with summarily as
aforesaid, after investigation, shall be remanded for trial by
court-martial.

(4) Notwithstanding anything in subsections (1), (2)
and (3), where —

(a) the commanding officer has investigated a
charge against an officer; or

(b) the commanding officer has investigated a
charge against a warrant officer, a non-
commissioned officer or marine, which is not
one which can be dealt with summarily,

the commanding officer may dismiss the charge if he is of
opinion that it ought not to be further proceeded with.

25 of 1993, s. 2.

25 of 1993, s. 2.

Charges to be
dealt with
summarily or by
court-martial.

CH.211 – 48] DEFENCE






STATUTE LAW OF THE BAHAMAS LRO 1/2006

(5) References in this Act to dealing summarily
with a charge are references to the taking by the
commanding officer of the accused of the following action,
that is to say, determining whether the accused is guilty,
dismissing the charge or recording a finding of guilty
accordingly, and awarding punishment.

85. (1) The following provisions of this section shall
have effect where the commanding officer has investigated
a charge against a warrant officer, a non-commissioned
officer or marine.

(2) If—
(a) the charge is not one which can be dealt with

summarily and the commanding officer has not
dismissed it; or

(b) the charge is one which can be dealt with
summarily but the commanding officer is of
opinion that it should not be so dealt with,

he shall take the prescribed steps with a view to the charge
being tried by court-martial.

(3) Otherwise the commanding officer shall proceed
to deal with the charge summarily; and if he records a
finding of guilty he may award one or more of the
prescibed punishments.

86. (1) After investigating a charge against an
officer the commanding officer shall, unless he has
dismissed the charge, submit it in the prescribed manner to
higher authority and thereupon it shall be determined by
such authority how the charge is to be proceeded with in
accordance with subsections (2) and (3).

(2) If the charge is one which can be dealt with
summarily, it may be referred back to the commanding
officer by the higher authority to be dealt with summarily.

(3) If the charge is not so referred, the prescribed
steps shall be taken with a view to its being tried by court-
martial.

(4) If the commanding officer records a finding of
guilty, he may award one or more of the following
punishments, that is to say—

(a) a fine of a sum not exceeding the equivalent of
twenty-eight days’ pay;

(b) severe reprimand or reprimand;

Further
proceedings on
charges against
non-
commissioned
officers and
marines.

Further
proceedings on
charges against
officers.

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(c) where the offence has occasioned any expense,
loss or damage, stoppages.

(5) Where the commanding officer has determined
that the accused is guilty and if the charge is dealt with
summarily will award a fine under paragraph (a) of
subsection (4) or stoppages, or where a finding of guilty
will involve a forfeiture of pay, he shall not record a
finding until after affording the accused an opportunity of
electing to be tried by court-martial; and if the accused so
elects the commanding officer shall not record a finding
but shall take the prescribed steps with a view to the charge
being tried by court-martial.

87. (1) Notwithstanding anything in sections 85 and
86, where a charge—

(a) has been referred to higher authority with a view
to its being tried by court-martial; or

(b) has been submitted to higher authority for
determination how it is to be proceeded with,

that authority may refer the charge back to the
commanding officer of the accused with a direction that it
shall be dismissed, and in any such case the commanding
officer shall dismiss the charge.

(2) The reference back of a charge in pursuance of
this section shall be without prejudice to the preferring of
another charge if the higher authority has so directed or the
commanding officer thinks fit.

88. (1) In this Act the expression “commanding
officer” in relation to a person charged with an offence
means either the officer for the time being commanding the
unit to which the person belongs or is attached, or, if the
person belongs or is attached to a part of a unit which is so
separated from the unit to which it belongs that the officer
commanding that unit cannot effectively exercise his
powers as commanding officer over it, the officer
commanding that part of the unit.

(2) Regulations may confer on officers, or any class
of officers, who by or under the regulations are authorised
to exercise the functions of commanding officer power to
delegate those functions, in such cases and to such extent
as may be specified in regulations, to officers of a class so
specified.

Dismissal of
charges referred
to higher
authority.

Officers who are
commanding
officers and
appropriate
superior
authorities.

CH.211 – 50] DEFENCE






STATUTE LAW OF THE BAHAMAS LRO 1/2006

89. (1) The charges which may not be dealt with by
a commanding officer, and the charges which may not be
dealt with summarily by a commanding officer except with
the permission of higher authority, shall be such as may be
specified by or under regulations. Any charge not so
specified, and, upon obtaining such permission as
aforesaid, any charge which may be dealt with summarily
with such permission, may be dealt with summarily by a
commanding officer.

(2) In such case as may be specified in that behalf
by regulations, the powers of a commanding officer to
award punishment shall be subject to such limitations as
may be so specified.

Jurisdiction
90. (1) Subject to this section, any offence under

this Part may be tried and punished by court-martial; and a
court-martial shall have jurisdiction to try any such offence
whether committed within The Bahamas or elsewhere.

(2) A person shall not be tried by court-martial by
virtue of section 78 for a civil offence of treason, murder,
manslaughter, treason-felony or rape committed on shore
within The Bahamas, and for the purposes of this
subsection an offence of murder or manslaughter shall be
deemed to have been committed at the place of the
commission of the act or the occurrence of the neglect
which caused the death, irrespective of the place of death.

(3) Except as provided by subsection (2) of section
74, a person who commits an offence under that section in
relation to a court-martial shall not be dealt with by that
court for that offence.

91. A court-martial may be convened by the
Commander.

92. (1) A court-martial shall consist of the president
and not less than two other members:

Provided that a court-martial shall consist of a Justice
of the Supreme Court, appointed by the Commander after
nomination by the Chief Justice, as president and not less
than four other members if an officer or marine of the
Defence Force is to be tried and the only punishment or the
maximum punishment which can be awarded in respect


Limitation of
powers of
summary
dealings with
charges.

Jurisdiction of
courts-martial.

Commander to
convene court-
martial.
Constitution of
courts-martial.

DEFENCE [CH.211 – 51




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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

of the charge before the court is death or the maximum
punishment which can be awarded in respect of the charge
before the court is imprisonment for a term exceeding two
years.

(2) Save as hereinafter provided, an officer shall not
be appointed a member of a court-martial unless he
belongs to the Defence Force, is subject to service law and
has been an officer therein or in any Commonwealth force
for a period of not less than two years or for periods
amounting in the aggregate to not less than two years.

(3) Not less than two of the members of a court-
martial shall be of a rank not below that of lieutenant
commander.

(4) Save as provided in subsection (1), the president
of a court-martial shall be appointed by order of the
Commander and shall not be under the rank of captain
unless, in the opinion of the Commander, a captain having
suitable qualifications is not, with due regard to the public
service, available; and in any event the president of a court-
martial shall not be under the rank of commander.

(5) The members of a court-martial, other than the
president, shall be appointed by order of the Commander
or in such other manner as may be prescribed.

(6) Notwithstanding anything in this Part contained,
an officer of the Royal Bahamas Police Force of or above
the rank of superintendent may be appointed as a member
of a court-martial.

93. (1) The Commander shall not be a member of a
court-martial.

(2) An officer who, at any time between the date on
which the accused was charged with the offence and the
date of the trial, has been the commanding officer of the
accused, and any other officer who has investigated the
charge against the accused, or who under service law has
held, or has acted as one of the persons holding, an enquiry
into matters relating to the subject matter of the charge
against the accused, shall not sit as a member of a court-
martial or act as judge advocate at such a court-martial.

(3) Save as provided in subsection (1) of section 92,
if any court-martial is required to be convened at any place
where, in the opinion of the Commander, the necessary
number of persons having suitable qualifications is not


Supplementary
provisions as to
constitution of
courts-martial.

CH.211 – 52] DEFENCE






STATUTE LAW OF THE BAHAMAS LRO 1/2006

available to form the court, and cannot be made available
with due regard to the public service, the Commander may,
with the consent of the proper authority of a
Commonwealth force, appoint any officer of a
Commonwealth force as president in lieu of an officer
belonging to the Defence Force or as any other member of
the court in lieu of or in addition to an officer or officers
belonging to the Defence Force:

Provided that no officer of a Commonwealth force
shall be qualified to act in relation to a court-martial unless
he is of corresponding rank to that which would have been
required in the case of an officer belonging to the Defence
Force and has been an officer in a Commonwealth force
for the like period or periods as would have been so
required.

(4) Where the Commander —
(a) appoints a senior commander to be president,

being of opinion that an officer having suitable
qualifications is not with due regard to the
public service available.

(b) appoints an officer not being an officer
belonging to the Defence Force as president or
any other member of the court, being of opinion
that the necessary number of officers belonging
to the Defence Force having suitable
qualification is not available to form the court
and cannot be made available with due regard to
the public service,

the order convening the court-martial shall contain a
statement of such opinion, and that statement shall be
conclusive.

94. (1) Subject to this section, a court-martial shall
sit at such place (whether within or without The Bahamas)
as may be specified in the order convening the court, and
the Commander may convene it to sit at a place outside the
limits of his command.

(2) A court-martial sitting at any place shall, if the
Commander directs it to sit at some other place, adjourn for
the purpose of sitting at that other place.

95. (1) An accused about to be tried by a court-
martial shall be entitled to object, on any reasonable
grounds, to any member of the court, whether appointed
originally or in lieu of another officer.

Place for sitting
of courts-martial
and adjournment
to other places.

Challenges by
accused.

DEFENCE [CH.211 – 53




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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) For the purpose of enabling the accused to avail
himself of the right conferred by subsection (1) the names
of the members of the court shall be read over in the
presence of the accused before they are shown, and he shall
be asked whether he objects to any of those officers.

(3) Every objection made by an accused to any
officer shall be considered by the other officers appointed
members of the court.

(4) If objection is made to the president and not less
than one-third of the other members of the court allow it,
the court shall adjourn and the Commander shall appoint
another president.

(5) If objection is made to a member of the court
other than the president and not less than one-half of the
members entitled to vote allow it, the member objected to
shall retire and the vacancy may, and if otherwise the
number of members would be reduced below the legal
minimum shall, be filled in the prescribed manner by
another officer.

96. (1) An oath shall be administered to every
member of a court-martial and to any person in attendance
on a court-martial as judge advocate, officer under
instruction, shorthand writer or interpreter.

(2) Every witness before a court-martial shall be
examined on oath:

Provided that where any child of tender years called
as witness does not in the opinion of the court understand
the nature of an oath, his evidence may be received, though
not given upon oath, if in the opinion of the court he is
possessed of sufficient intelligence to justify the reception
of the evidence and understands the duty of speaking the
truth, so however that, where the evidence is given on
behalf of the prosecution, the accused shall not be liable to
be convicted upon such evidence alone unless it is
corroborated by some other material evidence in support
thereof implicating the accused.

(3) An oath required to be administered under this
section shall be in the prescribed form and shall be
administered at the prescribed time by the prescribed
person and in the prescribed manner.

Administration
of oaths.

CH.211 – 54] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

97. (1) Subject to this section, a court-martial shall
sit in open court and in the presence of the accused.

(2) Nothing in subsection (1) shall affect the power
of a court-martial to sit in camera on the ground that it is
necessary or expedient in the interests of the administration
of justice to do so; and without prejudice to that power, a
court-martial may order that, subject to any exceptions the
court may specify, the public shall be excluded from all or
any part of the proceedings of the court if it appears to the
court that any evidence to be given or statement to be made
in the course of the proceedings or that part, as the case
may be, might otherwise lead to the disclosure of any
information which would or might be directly or indirectly
useful to an enemy.

(3) A court-martial shall sit in closed court while
deliberating on their finding or sentence on any charge.

(4) A court-martial may sit in closed court on any
other deliberation amongst the members.

(5) Where a court-martial sits in closed court, no
person shall be present except the members of the court
and such other persons as may be prescribed.

98. (1) Where, whether before or after the
commencement of the trial, it appears to the Commander
necessary or expedient in the interests of the administration
of justice that a court-martial should be dissolved the
Commander may by order dissolve the court-martial.

(2) Without prejudice to the generality of subsection
(1), if after the commencement of the trial a court-martial
is, by reason of the death of one of the members or for any
other reason, reduced below the legal minimum, it shall be
dissolved.

(3) If after the commencement of the trial the
president dies or is otherwise unable to attend and the court
is not reduced below the legal minimum, then —

(a) if the senior member of the court is of the rank
of captain or corresponding rank or is of higher
rank, the Commander may appoint him
president and the trial shall proceed accordingly;
but

(b) if he is not, the court shall be dissolved.
(4) Without prejudice to the generality of subsection

(1), if after the commencement of the trial it is represented


Courts-martial to
sit in open court.

Dissolution of
courts-martial.

DEFENCE [CH.211 – 55




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

to the Commander that, owing to the sickness or other
incapacity of the accused, it is impracticable, having regard
to all the circumstances to continue the trial within a
reasonable time, the Commander may dissolve the court.

(5) Where a court-martial is dissolved under the
foregoing provisions of this section, the accused may be
tried by another court-martial.

99. (1) Subject to this section, every question to be
determined on a trial by court-martial shall be determined
by a majority of the votes of the members of the court.

(2) In the case of an equality of votes on the finding,
the court shall acquit the accused.

(3) A finding of guilty where the only punishment
which the court can award is death, shall not have effect
unless it is reached with the concurrence of all members of
the court; and where on such a finding being come to by a
majority of the members there is no such concurrence, the
court shall be dissolved and the accused may be tried by
another court.

(4) Where the accused is found guilty and the court
has power to sentence him either to death or some less
punishment, sentence of death shall not be passed without
the concurrence of all members of the court.

(5) In the case of an equality of votes on the
sentence or on any question arising after the
commencement of a trial, except the finding, the president
shall have a second or casting vote.

100. (1) Without prejudice to section 97, the finding
of a court-martial on each charge shall be announced in
open court.

(2) Any finding of guilty shall be, and be announced
as being, subject to confirmation.

(3) Any sentence of a court-martial, together with
any recommendation of mercy, shall be announced in open
court, and a sentence of a court-martial shall be, and be
announced as being, subject to confirmation.

101. (1) An accused charged before a court-martial
with an offence under this Act, may, on failure of proof of
the offence having been committed under circumstances
involving a higher degree of punishment, be found guilty


Decisions of
courts-martial.

Finding and
sentence.

Power to convict
of offence other
than that
charged.

CH.211 – 56] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

of the offence as having been committed under
circumstances involving a less degree of punishment.

(2) An accused charged before a court-martial with
any offence may be found guilty of attempting to commit
that offence.

(3) An accused charged before a court-martial with
attempting to commit an offence may be convicted on that
charge notwithstanding that it is proved that he actually
committed the offence.

(4) Where an accused is charged before a court-
martial under section 78 in respect of attempting to commit
a civil offence, he may be convicted on that charge
notwithstanding that it is proved that he actually committed
the civil offence.

(5) Where an accused is charged before a court-
martial with an offence against section 78, and the
corresponding civil offence is one in proceedings for
which, if he had been tried by a civil court for committing
the offence in The Bahamas, he might have been found
guilty of another civil offence, then, if the court finds that
he has committed that other civil offence, he may be
convicted of an offence against section 78 in respect of the
commission of that other civil offence.

(6) An accused charged before a court-martial with
an offence specified in the first column of the Second
Schedule may be found guilty of an offence specified in
relation thereto in the second column of that Schedule.

102. (1) Subject to this Act, the rules of evidence to
be observed in proceedings before courts-martial shall be
the same as those observed in civil courts in The Bahamas,
and no person shall be required in proceedings before a
court-martial to answer any question or to produce any
document which he could not be required to answer or
produce in similar proceedings before a civil court in The
Bahamas.

(2) Notwithstanding anything in subsection (1), a
statutory declaration shall, in a trial by court-martial, be
admissible as evidence of the facts stated in the declaration
in a case where, and to the extent which, oral evidence to
the like effect would be admissible in that trial:

Provided that a statutory declaration shall not be
admitted in evidence in any such trial on behalf either of
the prosecution or of the defence —

Second Schedule.

Rules of
evidence.

DEFENCE [CH.211 – 57




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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(a) where the declaration is put forward on behalf of
the prosecution, unless a copy of the declaration
has not less than seven days before the
commencement of the trial, been served on the
accused; or

(b) where the declaration is put forward on behalf of
the defence, unless a copy of the declaration has,
not less than seven days before the
commencement of the trial, been served on the
commanding officer of the accused or the
commanding officer of the accused has given his
agreement in writing to its admission; or

(c) in any case, if, not later than three days before
the commencement of the trial or within such
further time as the court-martial may in special
circumstances allow, the accused or, as the case
may be, the commanding officer of the accused
serves a notice in the prescribed form on the
commanding officer or accused requiring that
oral evidence shall be given in lieu of the
declaration; or

(d) in any case, if the court-martial is of opinion that
it is desirable in the interests of justice that oral
evidence should be given in lieu of the
declaration and declares that it is of that opinion.

(3) A court-martial shall take judicial notice of all
matters of notoriety, including all matters within the
general service knowledge of the court, and of all other
matters of which judicial notice would be taken in a civil
court in The Bahamas.

103. A witness before a court-martial or any other
persons whose duty it is to attend on or before the court
shall be entitled to the same immunities and privileges as a
witness before the Supreme Court.

104. (1) Where in The Bahamas any person other
than a person subject to this Act —

(a) having been duly summoned to attend as a
witness before a court-martial, fails to comply
with the summons; or

(b) refuses to swear an oath when duly required by a
court-martial to do so; or

Privilege of
witnesses and
others at court-
martial.

Offences by
civilians in
relation to
courts-martial.

CH.211 – 58] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) refuses to produce any document in his custody
or under his control which a court-martial has
lawfully required him to produce; or

(d) when a witness, refuses to answer any question
which a court-martial has lawfully required him
to answer; or

(e) wilfully insults any person, being a member of a
court-martial or a witness or any other person
whose duty it is to attend on or before the court,
while that person is acting as a member thereof
or is so attending, or wilfully insults any such
person as aforesaid while that person is going to
or returning from the proceedings of the court;
or

(f) wilfully interrupts the proceedings of a court-
martial or otherwise misbehaves before the
court; or

(g) does any other thing which would, if the court-
martial had been a court of law having power to
commit for contempt, have been contempt of
that court,

the president of the court-martial may certify the offence of
that person under his hand to the Supreme Court, and that
court may thereupon inquire into the alleged offence and
after hearing any witnesses who may be produced against
or on behalf of the person charged with the offence, and
after hearing any statement that may be offered in defence
punish or take steps for the punishment of that person in
like manner as if he had been guilty of contempt of the
Supreme Court.

(2) In this section “court-martial” means a court
held under service law.

105. If —
(a) a person required by virtue of this Act to take an

oath for the purposes of proceedings before a
court-martial objects to being sworn, and states
as the grounds of his objection either that he has
no religious belief or that the taking of an oath is
contrary to his religious belief; or

(b) it is not reasonably practicable to administer an
oath to such a person as aforesaid in the manner
appropriate to his religious belief,

he shall be required to make a solemn affirmation in the
prescribed form instead of taking an oath.

Affirmations.

DEFENCE [CH.211 – 59




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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Confirmation, Revision and Review of
Proceedings of Courts-Martial

106. (1) Where a court-martial finds the accused
guilty on any charge, the record of the proceedings of the
court-martial shall be transmitted to a confirming authority
for confirmation of the finding and sentence of the court on
that charge.

(2) A finding of guilty or sentence of a court-martial
shall not be treated as a finding or sentence of the court
until confirmed:

Provided that this subsection shall not affect the
keeping of the accused in custody pending confirmation, or
the operation of sections 107 and 108 or the provisions of
this Act as to confirmation or approval.

107. At any time after a court-martial has sentenced
the accused, but not later than the prescribed time after
confirmation is completed, the accused may in the
prescribed manner present a petition against finding or
sentence or both.

108. (1) A confirming authority may direct that a
court-martial shall revise any finding of guilty come to by
the court in any case where it appears to him —

(a) that the finding was against the weight of
evidence; or

(b) that some question of law determined at the trial
and relevant to the finding was wrongly
determined.

(2) Any such direction shall be accompanied by the
necessary directions for the reassembly of the court, and
shall contain a statement of the reasons for the direction.

(3) On any revision of a finding the court shall
reconsider the finding, and (unless the court adheres
thereto) may substitute therefor either a finding of not
guilty or any other finding to which the court could
originally have come at the trial in lieu of the finding under
revision.

(4) On any such revision the court shall not have
power to receive further evidence.

Confirmation of
proceedings of
courts-martial.

Petitions against
finding or
sentence.

Revision of
findings of court-
martial.

CH.211 – 60] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) Where on any such revision, the court either
adheres to the original finding or substitutes therefor a
finding of guilty of another offence, or of the same offence
in different circumstances, the court may substitute a
different sentence for the original sentence:

Provided that the court shall not have power to
substitute a sentence of a punishment greater than the
punishment or the greatest of the punishments awarded by
the original sentence, or to substitute a sentence which in
the opinion of the court is more severe that the original
sentence.

(6) The confirming authority shall not have power
to direct the revision of any substituted finding come to by
the court on a previous direction of the confirming
authority, or the revision of the original finding if adhered
to by the court on such a previous direction; but save as
aforesaid this Act shall apply to the proceedings of the
court on any such revision as it applies to their
deliberations on the original finding or sentence and any
substituted finding or sentence shall be treated for all
purposes as an original finding or sentence of the court:

Provided that the decision of the court on the revision
shall not be required to be announced in open court.

109. (1) Subject to section 108 and to the following
provisions of this section, a confirming authority shall deal
with the finding or sentence of a court-martial either by
withholding confirmation, if of opinion that the finding of
the court is unreasonable or cannot be supported having
regard to the evidence or involves a wrong decision on a
question of law or that, on any ground, there was a
miscarriage of justice, or by confirming the finding or
sentence or referring the finding or sentence or both, for
confirmation to a higher confirming authority.

(2) In lieu of withholding confirmation of the finding
of a court-martial, a confirming authority may, if —

(a) some other finding of guilty could have been
validly made by the court-martial on the charge
before it; and

(b) he is of opinion that the court-martial must have
been satisfied of the facts necessary to justify
that other finding,

Powers of
confirming
authorities.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

substitute that other finding, and, if he does so, he shall
consider in what manner, if at all, the powers conferred by
subsection (4) should be exercised.

(3) Where it appears to a confirming authority that a
sentence of a court-martial is invalid, he may, in lieu of
withholding confirmation of the sentence, substitute
therefor a sentence of any punishment or punishments
which could have been awarded by the court, not, being
greater than the punishment or the greatest of the
punishments awarded by the court and not in his opinion
more severe than that punishment or those punishments.

(4) In confirming the sentence of a court martial, the
confirming authority may —

(a) remit in whole or in part any punishment
awarded by the court; or

(b) commute any such punishment for one or more
punishment or punishments provided by this
Act, being less than the punishment commuted.

(5) A finding or sentence substituted by the
confirming authority or any sentence having effect after the
confirming authority has remitted or commuted
punishment, shall be treated for all purposes as a finding or
sentence of that court duly confirmed.

(6) The confirmation of a finding or sentence shall
not be deemed to be completed until the finding or
sentence has been promulgated; and in the event of any
such substitution, remission or commutation as aforesaid,
the finding or sentence shall be promulgated as it has effect
after the substitution, remission or commutation.

(7) Where the confirming authority determines to
withhold confirmation, the determination shall be
promulgated and shall have effect as from the
promulgation thereof.

110. The following shall have power to confirm the
finding and sentence of any court-martial, that is to say —

(a) the Commander; or
(b) the successor of the Commander, or any person

for the time being exercising the functions of the
Commander; or

(c) the Security Council.

Confirming
authorities.

CH.211 – 62] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

111. A sentence of death shall not be carried into
effect unless it has been approved by the Governor-General
acting on the advice of the advisory authority.

112. (1) A finding or sentence which has been
confirmed may at any time be reviewed by a reviewing
authority, and if after confirmation of a finding or sentence
a petition is duly presented under section 107 against the
finding or sentence then, subject to this section, the finding
or sentence shall be so reviewed as soon as may be after
the presentation of the petition and after consideration of
the matters alleged therein.

(2) The reviewing authority for the purpose of this
Act shall be the Governor-General acting on the advice of
the advisory authority.

(3) If an appeal or an application for leave to appeal
is received by the Registrar of the Court of Appeal under
Part VI, so much of subsection (1) as requires the review of
a finding or sentence against which a petition has been
presented shall thereupon cease to apply to the finding to
which the appeal or the application for leave to appeal
relates and the sentence passed in consequence of that
finding.

(4) On a review under this section the reviewing
authority —

(a) in so far as the review is of a finding, quash the
finding and, if the sentence relates only to the
finding quashed, the sentence; or

(b) in so far as the review is of a sentence, quash the
sentence; or

(c) in any case, exercise the like powers of
substituting findings, substituting valid for
invalid sentences and remitting or commuting
punishment as are conferred on a confirming
authority by subsections (2) to (4) of section
109,

and any substituted finding or sentence, or sentence having
effect after the remission or commutation of punishment,
shall be treated for all purposes as a sentence of the court
duly confirmed.

(5) Where a reviewing authority exercises any of
the powers conferred by subsection (4), the determination
of the authority shall be promulgated and shall have effect
as from the promulgation thereof.


Approval of
death sentence by
Governor-
General.

Review of
findings and
sentences of
courts-martial.

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113. (1) Sentences of imprisonment and detention
passed by courts-martial may be reconsidered by the
Commander and if on any such reconsideration it appears
that the conduct of the offender since his conviction has
been such as to justify remission of the sentence, whether
in part or in whole, it may be remitted accordingly.

(2) The power to reconsider a sentence may be
exercised at any time after confirmation, and where after
review a sentence remains effective, it shall be
reconsidered at intervals of six months:

Provided that delay in complying with this
subsection shall not invalidate the sentence.

Review of Summary Findings and Awards
114. (1) Where a charge has been dealt with

summarily, otherwise than by the dismissal thereof, the
authority hereinafter mentioned may at any time review the
finding or award.

(2) The said authority is —
(a) the Security Council; or
(b) any officer superior in command to the officer

who dealt summarily with the charge.
(3) Where on a review under this section it appears

to the said authority expedient so to do by reason of any
mistake of law in the proceedings on the summary dealing
with the charge or of anything occurring in those
proceedings which in the opinion of the authority involved
substantial injustice to the accused, the authority may
quash the finding.

(4) If a finding in any proceedings is quashed under
subsection (3) and the award made in those proceedings
relates only to the finding quashed, the authority shall also
quash the award, and if the award relates also to any other
finding and it appears to the authority that the award was
not warranted by this Act in respect of that other finding,
the authority may vary the award by substituting such
punishment or punishments as the authority may think
proper, being a punishment or punishments which could
have been included in the original award in relation to that
other finding, and not being in the opinion of the authority
more severe than the punishment or punishments included
in the original award.

Reconsideration
of sentences of
imprisonment
and detention.

Review of
summary
findings and
awards.

CH.211 – 64] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) Where on a review under this section it appears
to the said authority that a punishment awarded was
invalid, or too severe, or (where the award included two or
more punishments) that those punishments or some of
them could not validly have been awarded in combination
or are, taken together, too severe, the authority may vary
the award by substituting such punishment or punishments
which could have been included in the original award and
not being in the opinion of the authority more severe than
the punishment or punishments included in the original
award.

Findings of Insanity
115. (1) Where, on the trial of a person by court-

martial, it appears to the court that the accused is by reason
of insanity unfit to stand his trial, the court shall so find;
and if the finding is confirmed in accordance with the
following provisions of this section the accused shall be
kept in custody in such manner as may be provided by or
under regulations under this Part until the directions of the
Minister are known or until any earlier time at which the
accused is fit to stand his trial.

(2) Where, on the trial of a person by court-martial,
it appears to the court that the evidence is such as, apart
from any question of insanity, to support a finding that the
accused was guilty of any offence, but that at the time of
the acts constituting that offence the accused was insane,
the court shall find that the accused was guilty of that
offence but was insane at the said time, and thereupon the
accused shall be kept in custody in such manner as may be
provided by or under regulations under this Part until the
directions of the Minister are known.

(3) In the case of any such finding as aforesaid, the
Minister may give orders for the safe custody of the
accused during his pleasure in such place and in such
manner as the Minister thinks fit.

(4) A finding under subsection (1) shall not have
effect unless and until the finding has been confirmed by
an authority who would have had power to confirm a
finding of guilty come to by the court-martial in question
and has been promulgated.

Provisions where
accused found
insane.

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(5) Where the court or the confirming authority
comes to or substitutes a finding of guilty but insane the
confirming authority or, as the case may be, the reviewing
authority shall not have power to substitute for that finding
a finding of guilty; but save as aforesaid the provisions of
this Act as to revision, confirmation and review (and in
particular the provisions of this Act which could have been
come to by the court-martial in question) apply in relation
to such findings as are provided for by subsection (2) as
those provisions apply in relation to other findings of
guilty.

Commencement, Suspension and Duration of
Sentence

116. A sentence of imprisonment or detention shall,
subject to section 138 (which empowers the Court of
Appeal in certain cases to direct that a sentence shall begin
to run from the day on which the Court dismisses an
application for leave to appeal), begin to run from the
beginning of the day on which sentence was originally
pronounced by the court-martial trying the offender or, as
the case may be, was originally awarded by his
commanding officer.

117. (1) Where any person serving a sentence of
imprisonment or detention becomes unlawfully at large
during the currency of the sentence, then, in calculating the
period for which he is liable to be imprisoned in pursuance
of the sentence, no account shall be taken of the time
elapsing during the period beginning with the day on which
he became at large and ending with the day on which, as a
person having become unlawfully at large, he is taken into
military custody or the custody of a civil authority or (not
having been taken into such custody) returns to the place in
which he was imprisoned or detained before he became
unlawfully at large:

Provided that if he satisfies such authority as may be
specified in that behalf by or under Imprisonment and Detention
Regulations that during any time during the last-mentioned period
he was in the custody of a civil authority otherwise than on account
of an offence committed by him while unlawfully at large, the last-
mentioned time shall not be disregarded in calculating the


Commencement
of sentences.

Duration of
sentences of
imprisonment or
detention.

CH.211 – 66] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

period for which he is liable to be imprisoned or detained
in pursuance of the sentence.

(2) In subsection (1) the expression “civil authority”
means a civil authority (whether of The Bahamas or of any
country or territory outside The Bahamas), authorised by
law to detain persons, and includes a police officer.

(3) Without prejudice to subsection (1), where any
person serving a sentence of imprisonment or detention has
in accordance with Imprisonment and Detention
Regulations been temporarily released on compassionate
grounds, then, in calculating the period for which he is
liable to be imprisoned or detained in pursuance of the
sentence, no account shall be taken of time elapsing during
the period beginning with the day after that on which he is
released and ending with the day on which he is required to
return to custody.

(4) A person who for any period is released as
mentioned in subsection (3) or who is otherwise allowed,
in pursuance of Imprisonment and Detention Regulations,
out of custody for any period or subject to any condition
shall, on failure to return at the expiration of the period or
to comply with the condition, be treated for the purposes of
subsection (1) as being unlawfully at large.

(5) A person serving a sentence of imprisonment or
detention in civil custody who, after being temporarily
released under civil law, is at large at any time during the
period for which he is liable to be detained in civil custody
in pursuance of his sentence, shall be deemed to be
unlawfully at large if the period for which he was
temporarily released has expired or if an order recalling
him has been made in pursuance of civil law.

(6) References in subsection (5) to release or recall
under civil law are references to release or recall in
pursuance of the law of the country or territory in which he
is serving his sentence.

118. A person may be required to serve any part of a
sentence of detention awarded under this Act in a civil
prison.

119. A person sentenced to death or imprisonment
and committed or transferred to a civil prison in pursuance
of regulations made under this Part or of Imprisonment


Serving of
sentences of
detention in
prisons.

Special
provisions as to
civil prisons in
The Bahamas.

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and Detention Regulations shall, while in that prison, be
confined and otherwise dealt with in the same manner as a
person confined therein under a like sentence of a civil
court.

120. (1) A person who is serving a sentence of
imprisonment or detention in The Bahamas may (in so far
as may be specified by or under Imprisonment and
Detention Regulations) be removed out of The Bahamas to
any place where the unit or any part thereof to which for
the time being he belongs is serving or is under orders to
serve, but not to any other place.

(2) Subject to the following provisions of this
section, a person sentenced under this Act by a court-
martial held out of The Bahamas, to imprisonment or
detention for more than twelve months shall, as soon as
practicable after the confirmation of the sentence is
completed, be removed to The Bahamas.

(3) Where a person has been sentenced under this
Act by a court-martial held out of The Bahamas to
imprisonment or detention for more than twelve months,
the confirming or reviewing authority may,
notwithstanding anything in subsection (2), direct that he
shall not be required to be removed to The Bahamas until
he has served such part of his sentence, not exceeding (in
the case of a sentence of more than two years’
imprisonment) two years, as may be specified in the
direction, and in determining whether or not to exercise the
powers conferred by this subsection, a confirming or
reviewing authority shall have regard to any
recommendation in that behalf made by the court-martial.

(4) Any direction of a confirming authority under
this section may at any time be revoked by the confirming
authority or by a reviewing authority, or superseded by any
direction of a confirming authority or a reviewing authority
which the authority could have given under subsection (3);
and any direction of a reviewing authority under this
section may at any time be revoked by a reviewing
authority or superseded as aforesaid.

(5) Any direction given under this section, and the
revocation of any such direction, shall be promulgated.

Country in which
sentence of
imprisonment or
detention to be
served.

CH.211 – 68] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(6) In ascertaining at any time for the purposes of
this section the nature or length of a sentence, regard shall
be had to any commutation or remission of the sentence
previously directed.

121. (1) It shall be the duty, in so far as regulations
made under this Part or Imprisonment and Detention
Regulations so provide, of the superintendent or other
person in charge of a prison, to receive any person duly
sent to that prison in pursuance of such rules and to confine
him until execution of the sentence is completed or the
prisoner is discharged or delivered over in due course of
law.

(2) Where a person is in custody in pursuance of a
sentence of imprisonment or detention, then on receipt of a
written order in that behalf purporting to be signed by that
person’s commanding officer, it shall be the duty of any
such superintendent or other person as aforesaid or the
police officer in charge of a police station or of any person
in charge of any other place in which prisoners may be
lawfully confined, to keep that person in custody for a
period not exceeding seven days unless the said person is
earlier discharged or delivered over in due course of law.

Trial of Persons Ceasing to be Subject to this
Act and Time Limit for Trials

122. (1) Subject to section 123, where an offence
under this Act triable by court-martial has been committed,
or is reasonably suspected of having been committed by
any person while subject to this Act, then in relation to that
offence he shall be treated, for the purposes of this Act
relating to arrest, keeping in custody, investigation of
charges, trial and punishment by court-martial (including
confirmation, review, and reconsideration) and execution
of sentences as continuing subject to this Act
notwithstanding his ceasing at any time to be subject
thereto.

(2) Where, while a person is in custody by virtue of
this section (whether before, during or after trial) he
commits, or is reasonably suspected of having committed,
an offence which if he were subject to this Act would be an
offence under this Act triable by court-martial, then in
relation to that offence or suspected offence he shall be
treated, for the purposes of the provisions of the Act


Duties of officers
in charge of
prisons and
others to receive
prisoners.

Trial and
punishment of
offences under
this Act
notwithstanding
offender ceasing
to be subject
thereto.

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mentioned in subsection (1) and the provisions thereof as
to the summary dealing with charges, as having been
subject to this Act when the offence was committed or is
suspected of having been committed and as continuing
subject thereto thereafter.

(3) Where by virtue of either subsection (1) or
subsection (2) a person is treated as being at any time
subject to this Act for the purpose of any provision of this
Act, that provision shall apply to him —

(a) if he holds any naval rank, as to a person having
that rank;

(b) otherwise as to a person having the rank which
he had when last actually subject to this Act:

Provided that as respects any time after he has been
sentenced for the offence in question and the sentence has
been confirmed the said provision shall apply to him (in
any case) as to a marine.

(4) Where apart from this subsection any provision
of this Act would under subsection (3) apply to a person, in
relation to different offences, as to a person having
different ranks, it shall apply to him as to a person having
the lower or lowest of those ranks.

123. (1) No person shall be tried by court-martial for
any offence, other than one against section 35 or 36 or
desertion, unless the trial is begun within three years after
the commission of the offence, there being disregarded any
time during which he was a prisoner of war and any time
during which he was illegally absent;

Provided that —
(a) in the case of an offence against section 78,

where proceedings for the corresponding civil
offence must, by virtue of any enactment, be
brought within a limited time, that limit of time
shall apply to the trial of the offence under the
said section 78 in substitution for the foregoing
provisions of this subsection;

(b) subject to any such limit of time as is mentioned
in paragraph (a), a person may be tried by court-
martial for a civil offence committed outside
The Bahamas notwithstanding that it was
committed more than three years before the
beginning of the trial, if the Attorney-General
consents to the trial.

Limitation of
time for trial of
offences under
this Act.

CH.211 – 70] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Where a person who has committed an offence
of desertion has since the offence served as a member of
the regular Force continuously in an exemplary manner for
not less than three years, he shall not be tried for the
offence.

(3) A person shall not be triable by virtue of
subsection (1) of section 122 unless his trial is begun
within three months after he ceases to be subject to this Act
or the trial is for a civil offence committed outside The
Bahamas and the Attorney-General consents to the trial:

Provided that this subsection shall not apply to an
offence against section 35 or section 36 or to desertion.

(4) A person shall not be arrested or kept in custody
by virtue of subsection (1) of section 122 for an offence at
any time after he has ceased to be triable for the offence.

Relations between Military and Civil Courts
and Finality of Trials

124. (1) Save as provided in section 147, nothing in
this Act shall restrict the offences for which persons may
be tried by any civil court, or the jurisdiction of any civil
court to try a person subject to this Act for any offence.

(2) Where a person is tried by a civil court for any
offence, and he has previously been sentenced by court-
martial held under service law to punishment for any act or
omission constituting (whether wholly or in part) that
offence, or in pursuance of this Act he has been punished
for any such act or omission by his commanding officer,
the civil court shall, in awarding punishment have regard to
his punishment in pursuance of this Act.

125. (1) Where a person subject to this Act —
(a) has been tried for an offence by a competent

civil court or a court-martial under service law,
or has had an offence committed by him taken
into consideration by any such court in
sentencing him; or

(b) has been charged with an offence under service
law, and has had the charge dismissed, or has
been found guilty on the charge by his
commanding officer; or

Powers of civil
courts.

Persons not be
tried under this
Act for offences
already disposed
of.

DEFENCE [CH.211 – 71




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(c) has had an offence condoned by his commanding
officer,

he shall not be liable in respect of that offence to be tried
by court-martial or to have the case dealt with summarily
by his commanding officer.

(2) For the purposes of this section —
(a) a person shall not be deemed to have been tried

by a court-martial if confirmation is withheld of
a finding by the court-martial that he is guilty of
the offence;

(b) a case shall be deemed to have been dealt with
summarily by the commanding officer
notwithstanding that the finding of that officer
has been quashed, or the award of that officer
quashed or varied, on the review thereof;

(c) an offence shall be deemed to have been
condoned by the commanding officer of a
person alleged to have committed the offence if,
and only if, that officer or any person authorised
by him to act in relation to the alleged offence
has with knowledge of all relevant
circumstances informed him that he will not be
charged therewith;

(d) a person ordered under subsection (2) of section
74 to be imprisoned or to undergo detention for
an offence against that section or provision shall
be deemed to have been tried by court-martial
for the offence.

(3) Subject to the provisions of subsection (2) of
section 139, where confirmation of a finding of guilty of an
offence is withheld the accused shall not be tried again by
court-martial for that offence unless the order convening
the later court-martial is issued not later than twenty-eight
days after the promulgation of the decision to withhold
confirmation.

(4) Save as provided in the foregoing provisions of
this section, proceedings for an offence against this Act
(whether before a commanding officer or before a court-
martial) shall not be barred on the ground of condonation.

CH.211 – 72] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Inquiries
126. (1) Subject to and in accordance with the

provisions of rules made under this Part (hereinafter
referred to as Board of Inquiry Rules), the Commander
may convene a board of inquiry to investigate and report
on the facts relating to —

(a) the absence of any person subject to this Act; or
(b) the capture of any such person by the enemy; or
(c) the death of any such person where an inquiry

into the death is not required to be held by any
civil authority; or

(d) any other matter of a class specified in such
rules or referred to such a board by the
Commander and a board of inquiry shall, if
directed so to do, express their opinion on any
question arising out of any matters referred to
the board.

(2) A board of inquiry shall consist of such number
of persons as may be provided for by Board of Inquiry
Rules who shall be persons subject to service law and the
president of a board of inquiry shall be an officer not below
the rank of lieutenant commander or corresponding rank.

(3) Evidence given before a board of inquiry shall
not be admissible against any person in proceedings before
a court-martial or commanding officer other than
proceedings for an offence against section 78 when the
corresponding civil offence is perjury.

Miscellaneous Provisions
127. (1) The following provisions shall have effect

where a person has been convicted by court-martial of
unlawfully obtaining any property, whether by stealing it
or receiving it knowing or having reason to believe it to
have been stolen, fraudulently misapplying it or otherwise.

(2) If any of the property unlawfully obtained has
been found in the possession of the offender, it may be
ordered to be delivered or paid to the person appearing to
be the owner thereof.

(3) If there has been found in the possession of the
offender any property (other than money) appearing to


Boards of
Inquiry.

Restitution or
compensation for
theft, etc.

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have been obtained by him by the conversion or exchange
of any of the property unlawfully obtained, the property
may be ordered to be delivered to the person appearing to
be the owner of the property unlawfully obtained.

(4) Where money is found in the possession of the
offender, then whether or not it appears to have been
obtained as aforesaid an order may be made that there shall
be paid out of that money to the person appearing to be the
owner of the property unlawfully obtained such sum as
may be specified in the order as or towards compensation
for the loss caused to the said person by the offence, in so
far as not otherwise made good under this Act or by the
recovery of the property unlawfully obtained.

(5) Where any of the property unlawfully obtained
has been sold or given in pawn to some other person who
did not then know it to have been unlawfully obtained, an
order may be made that, subject to the restitution to the
owner thereof of the property sold or given as aforesaid,
there shall be paid to the said other person, out of any
money found in the possession of the offender (whether or
not the money appears to be proceeds of the sale or giving
in pawn), such sum as may be specified in the order as or
towards compensation for the loss caused to him in
consequence of the sale or giving in pawn.

(6) Where any of the property unlawfully obtained
has been given in exchange to some other person who did
not then know it to have been unlawfully obtained, an
order may be made that subject to the restitution to the
owner thereof of the property given as aforesaid, there
shall be restored to the said other person the property taken
in exchange for the property unlawfully obtained.

(7) An order under this section may be made by the
court-martial by whom the offender is convicted, by the
confirming or by any reviewing authority; and in this
section the expression “appearing” means appearing to the
court, officer or authority making the order.

(8) An order under this section made by a court-
martial shall not have effect until confirmed by the
confirming authority; and the provisions of this Part as to
the confirmation and review of the proceedings of courts-
martial shall apply to an order under this section as they
apply to a sentence.

CH.211 – 74] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(9) The operation of any order under this section
shall be suspended —

(a) in any case, until the expiration of the period
prescribed under Part VI as the period within
which an application for leave to appeal to the
Court of Appeal against the conviction must be
lodged; and

(b) if such an application is duly lodged, until either
the application is finally refused or is withdrawn
or the appeal is determined or abandoned,

and where the operation of such an order as aforesaid is
suspended under this section —

(c) it shall not take effect if the conviction is
quashed on appeal;

(d) the Court of Appeal may by order annul or vary
the order although the conviction is not quashed;

(e) such steps shall be taken for the safe custody
during the period during which the operation of
the order is suspended, of the property ordered
to be restored or handed over or the money to
which the order relates as may be provided by
rules of court made under Part VI.

(10) Notwithstanding anything in subsection (9), an
order under this section shall not, so far as it relates to the
delivery of the property to the person appearing to be the
owner thereof, be suspended if the court or authority
making the order directs to the contrary in any case in
which, in the opinion of the court or authority, the title to
the property is not in dispute.

(11) An order under this section shall not bar the
right of any person, other than the offender or a person
claiming through him, to recover any property delivered or
paid in pursuance of such an order from the person to
whom it is delivered or paid.

128. Where a judge advocate is required to act at any
court-martial such appointment may be made by the
Minister.

129. Any finding, sentence, determination or other
thing required by this Act to be promulgated shall be
promulgated either by being communicated to the accused
or in such other manner as may be prescribed or as the
confirming authority or reviewing authority, as the case
may be, may direct.

Appointment of
judge advocate.

Promulgation.

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130. (1) The record of the proceedings of a court-
martial shall be kept in the custody of the Security Council
for not less than the prescribed period, being a period
sufficient to ensure that the rights conferred by subsection
(2) and subsection (3) shall be capable of being exercised.

(2) Subject to this section, any person tried by a
court-martial shall be entitled to obtain from the Security
Council on demand at any time within the relevant period
and on payment therefor at such rate if any as may be
prescribed a copy of the record of the proceedings of the
court.

(3) Where a person tried by court-martial dies
within the relevant period, his personal representatives or
any person who in the opinion of the Security Council
ought to be treated for the purposes of this subsection as
his personal representative, shall, subject to this section, be
entitled to obtain from the Security Council on demand at
any time within the period of twelve months from the death
and on payment therefor at the prescribed rate a copy of the
record of the proceedings of the court.

(4) If, on an application in pursuance of either
subsection (2) or subsection (3) for a copy of the record of
any proceedings, the Security Council certifies that it is
requisite for reasons of security that the proceedings or any
part thereof should not be disclosed, the applicant shall not
be entitled to a copy of the proceedings or part to which the
certificate relates.

(5) In this section the expression “the relevant
period” in relation to any person tried by court-martial
means the period of five years beginning with the date of
his acquittal or, where he was convicted, of the
promulgation of the findings and sentence or, where a
finding of guilty was not confirmed, of the promulgation of
the withholding of confirmation:

Provided that where the proceedings relate to two or
more charges and the person tried was acquitted on one or
more of the charges and convicted on another or others, the
relevant period shall be the period of five years beginning
with the date of the promulgation of the finding or findings
of guilty and the sentence thereon or of the withholding of
confirmation of that finding or those findings.

Custody of
proceedings of
court-martial and
right of accused
to a copy thereof.

CH.211 – 76] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(6) Any reference in this section to the record of the
proceedings of a court-martial includes a reference to the
record of the proceedings with respect to the confirmation
or revision of the findings and sentence of the court-
martial.

131. No action shall lie in respect of anything done
by any person in pursuance of a sentence of imprisonment
or detention if the doing thereof would have been lawful
but for a defect in any warrant or other instrument made for
the purposes of that sentence.

Interpretation of Part V
132. (1) In this Part —
“the advisory authority” means the authority in

accordance with whose advice the prerogative
of mercy is, in relation to persons convicted by
court-martial, required by the Constitution to be
exercised by the Governor-General;

“civil prison” means a prison in The Bahamas in
which a person sentenced by a civil court to
imprisonment can for the time being be
confined;

“prison” means a civil prison.
(2) References in this Part to a sentence of

imprisonment are references to a sentence of imprisonment
passed by a court-martial.

(3) References in this Part to a sentence of detention
are references to a sentence of detention passed by a court-
martial or awarded by the offender’s commanding officer.

Rules of Procedure
133. (1) Subject to this section, the Minister may

make rules (in this Act referred to as Rules of Procedure)
with respect to the investigation and trial of, and awarding
of punishment for, offences cognizable by courts-martial
and commanding officers and with respect to the
confirmation and revision of findings and sentences of
courts-martial.

(2) Without prejudice to the generality of subsection
(1), Rules of Procedure may make provision with respect
to all or any of the following matters, that is to say —

Indemnity for
prison officers,
etc.

Interpretation of
Part V.

Rules of
Procedure.

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(i) the procedure to be observed in the bringing of
charges before commanding officers; and

(ii) the manner in which charges so brought are to
be investigated, and the taking of evidence
(whether orally or in writing, whether or not on
oath and whether in full or in summary or
abstract form) for the purposes of investigating
or dealing summarily with such charges, or
otherwise, as a preliminary to the trial thereof by
court-martial, so however that the rules shall
make provision for the application of section 96
in any case where the accused requires that
evidence shall be taken on oath;

(iii) the addition to, or substitution for, a charge
which has been investigated, of a new charge for
an offence disclosed by evidence taken on the
investigation as the investigation of the new
charge;

(iv) the convening and constitution of courts-martial;
(v) the sittings, adjournment and dissolution of

courts-martial;
(vi) the procedure to be observed in trials by court-

martial;
(vii) the representation of the accused at such trials;
(viii) procuring the attendance of witnesses before

courts-martial and at the taking of evidence in
pursuance of rules made under paragraph (ii);

(ix) applying in relation to proceedings before
commanding officers and otherwise in relation
to proceedings prior to trial by court-martial all
or any of the provisions of sections 102,103, 104
and 105;

(x) empowering a court-martial or the Commander
in such cases and to such extent as may be
prescribed, to amend a charge which is being
tried by the court;

(xi) empowering a court-martial, where the
particulars proved or admitted at the trial differ
from those alleged in the charge, but are
sufficient to support a finding of guilty of the


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like offence as that charged to make a finding of
guilty subject to exceptions or variations
specified in the finding if it appears to the court
that the difference is not so material as to have
prejudiced the accused in his defence;

(xii) the forms of orders and other documents to be
made for the purposes of any provision of this
part or the rules relating to the investigation or
trial of, or award of punishment for, offences
cognizable by courts-martial, commanding
officers or to the confirmation and revision of
the findings and sentences of courts-martial.

(3) Rules made by virtue of paragraph (x) of
subsection (2) shall secure that the power to amend charges
shall not be exercisable in circumstances substantially
different from those in which informations are amendable
by the Supreme Court, or otherwise than subject to the like
conditions, as nearly as circumstances admit, as those
subject to which informations are so amendable, and shall
not be exercisable by a court-martial (otherwise than for
the purpose only of correcting a mistake in the name or
description of the accused or a clerical error or omission)
unless there is a judge advocate present at the trial.

(4) Rules of procedure may make provision as to the
exercise by a judge advocate of his functions at a trial by
court-martial, and without prejudice to the generality of the
foregoing provision may make provision —
(i) as to the effect of advice or rulings given to the

court by a judge advocate on questions of law;
(ii) for requiring or authorising the president of a

court-martial, in such cases as may be specified
in the rules, to direct that questions of law shall
be determined by a judge advocate in the
absence of the president and other members of
the court and any officers under instruction, and
for applying to the judge advocate and his
proceedings on any such determination such of
the provisions of this Act relating to the court or
its members and the proceedings thereof as may
be specified in the rules.

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(5) In subsection (4) references to questions of law
include references to questions of joinder of changes and as
to the trial of persons jointly or separately.

134. The Minister may make regulations (in this Act
referred to as Imprisonment and Detention Regulations)
with respect to all or any of the following matters, that is to
say —
(i) the places in which and the establishments or

forms of custody (whether naval or not) in
which persons may be required to serve the
whole or any part of sentences of imprisonment
and detention passed on them under this Act;

(ii) the committal of persons under sentences of
imprisonment or detention to the appropriate
establishment or form of custody, their removal
from one country or place to another and from
one establishment or form of custody to another
and their release on the coming to an end of any
term of imprisonment or detention.

135. (1) The Minister may make rules (in this Act
referred to as Board of Inquiry Rules) with respect to the
convening, constitution and procedure of boards of inquiry.

(2) Without prejudice to the generality of subsection
(1) Board of Inquiry Rules may make provision with
respect to the rules of evidence to be observed by boards of
inquiry and the taking of evidence before such boards, so
however that the rules shall provide for the taking of
evidence on oath or affirmation except in circumstances
such that if the evidence was being taken at a court-martial
an oath could be dispensed with.

(3) Boards of Inquiry Rules shall contain provision
for securing that any witness or other person subject to
service law who may be affected by the findings of a board
of inquiry shall have an opportunity of being present, and
represented, at the sittings of the board or such part thereof
as may be specified by or under the rules.

136. The Minister may make regulations with respect
to all or any of the following matters, that is to say —
(i) the execution of sentences of death under this

Act, including the manner and place where such
executions are to be carried out and the custody,


Imprisonment
and Detention
Regulations.

Board of Inquiry
Rules.

Miscellaneous
Regulations.

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treatment and removal of persons under sentence
of death;

(ii) any matter which by this Part is required or
authorised to be prescribed or for which
regulations may be made;

(iii) such incidental and supplementary matters as
appear requisite for any of the purposes set out
in sections 133, 134 and 135 and in this section.

PART VI
APPEALS FROM COURTS-MARTIAL

137. (1) Subject to this Part, a person convicted by a
court-martial may, with the leave of the Court of Appeal,
appeal to that Court against his conviction, except in the
case of a conviction involving sentence of death.

(2) An appeal to the Court of Appeal shall lie as of
right without leave from any conviction of a court-martial
involving a sentence of death.

138. (1) Leave to appeal to the Court of Appeal shall
not be given except in pursuance of an application in that
behalf made by or on behalf of the appellant, and lodged,
subject to subsection (3), within twenty-eight days of the
date of promulgation of the finding of the court-martial in
respect of which the appeal is brought, with the Registrar
of the Court of Appeal, being an application in the
prescribed form and specifying the grounds on which leave
to appeal is sought and such other particulars, if any, as
may be prescribed.

(2) An appeal against a conviction involving a
sentence of death shall not be entertained by the Court of
Appeal unless the appeal is lodged by or on behalf of the
appellant within fourteen days of the date of promulgation
of the finding of the court-martial in respect of which the
appeal is brought, with the Registrar of the Court of Appeal
in the prescribed manner.

(3) Rules of court may provide that, in such
circumstances as may be specified in the said rules, any
such application or appeal which is lodged with such
person (other than the Registrar) as is specified in the said
rules shall be treated, for the purposes of subsections (1)
and (2) as having been lodged with the Registrar.

Right of appeal.

Procedure for
applying for
leave to appeal or
lodging appeal.

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(4) The Court of Appeal may extend the period
within which an application for leave to appeal is required
to be lodged, whether that period has expired or not.

(5) Where the Court of Appeal dismisses an
application for leave to appeal it may, if it considers the
application to have been frivolous or vexatious, order that
any sentence passed upon the applicant in the proceedings
from which it was sought to bring the appeal shall begin to
run from the day on which the Court dismisses the
application.

139. (1) Subject to section 140, on an appeal under
this Part against a conviction, the Court of Appeal shall
allow the appeal if it thinks that the finding of the court-
martial is unreasonable or cannot be supported having
regard to the evidence or involves a wrong decision on a
question of law or that, on any ground, there was a
miscarriage of justice, and in any other case shall dismiss
the appeal:

Provided that the Court may, notwithstanding that it
is of the opinion that the point raised in the appeal might be
decided in favour of the appellant, dismiss the appeal if it
considers that no substantial miscarriage of justice has
actually occurred.

(2) If the Court of Appeal allows an appeal under
this Part it shall either quash the conviction or direct that
the finding of the court-martial shall be treated as if
confirmation thereof had been withheld and, in the latter
event, notwithstanding subsection (3) of section 125, a new
trial by court-martial may be held within such time as the
Court may order.

140. (1) If it appears to the Court of Appeal that an
appellant, though not properly convicted on some charge
preferred against him before the court-martial by which he
was tried, was properly convicted on some other charge so
preferred, then, if the sentence passed by the court-martial
on the appellant was not one that could lawfully be passed
by the court-martial for the offence of which he was
convicted on the other charge, the Court shall pass on the
appellant, in substitution for the sentence passed on him by
the court-martial, such sentence as it thinks proper, being a
sentence which might lawfully be passed in respect of the
charge on which the appellant was properly convicted, but
not being a sentence of greater severity.

Determination of
appeals in
ordinary cases.

Powers of Court
of Appeal in
special cases.

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(2) Where an appellant has been convicted of an
offence and the court-martial by which he was tried could
lawfully have found him guilty of some other offence, and
it appears to the Court of Appeal that the court-martial
must have been satisfied of facts which proved him guilty
of that other offence, the Court may, instead of allowing or
dismissing the appeal, substitute for the finding of the
court-martial a finding of guilty of the other offence and
pass on the appellant, in substitution for the sentence
passed on him by the court-martial, such sentence as it
thinks proper, being a sentence which could lawfully have
been passed for that other offence but not being a sentence
of greater severity.

(3) Where —
(a) an appellant has been convicted of an offence

committed under circumstances involving the
higher of two degrees of punishment, and it
appears to the Court of Appeal that the court-
martial by which he was tried ought to have
found him guilty of the offence as being
committed under circumstances involving the
lower degree of punishment; or

(b) an appellant has been convicted of an offence
and it appears to the Court of Appeal that the
court-martial by which he was tried ought to
have found him guilty of the offence subject to
exceptions or variations,

the Court may, instead of allowing or dismissing the
appeal, substitute for the finding of the court-martial a
finding of guilty of the offence as being committed under
circumstances involving the lower degree of punishment
or, as the case may be, guilty of the offence subject to
exceptions or variations, and pass on the appellant, in
substitution for the sentence passed on him by the court-
martial, such sentence as it thinks proper, being a sentence
which could lawfully have been passed for the offence
being specified or involved in the substituted finding, but
not being a sentence of greater severity.

(4) If, on appeal, it appears to the Court of Appeal
that, although the appellant was guilty of the act charged
against him, he was insane at the time the act was done, so
as not to be responsible according to law for his actions,

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the Court may quash the sentence passed at the trial and
order the appellant to be kept in custody under the
provisions of section 115 in like manner as on a special
finding of insanity by the court-martial by which the
appellant was convicted.

141. The term of any sentence passed by the Court of
Appeal under any of the provisions of section 140 shall,
unless the Court otherwise directs, begin to run from the
time from which it would have begun to run if it had been
passed in the proceedings from which the appeal is
brought, and a sentence passed by the Court of Appeal
shall be deemed for the purposes of this Act to be a
sentence passed by the court-martial, being a sentence that
has been confirmed.

142. Save as otherwise provided by any law
governing appeals to the Judicial Committee of the Privy
Council from judgments of the Court of Appeal, any
determination by the Court of any appeal or other matter
which it has power to determine under the provisions of
this Part shall be final and no appeal shall lie from the
Court to any other court.

143. An appellant shall not be entitled to be present at
the hearing of an appeal to the Court of Appeal under this
Part or at any proceedings preliminary or incidental to such
an appeal except where rules of court provide that he shall
have the right to be present or the Court gives him leave to
be present, and accordingly any power of the Court under
this Part to pass a sentence may be exercised
notwithstanding the absence of the appellant.

144. It shall be the duty of the Attorney-General on
an appeal against conviction by a court-martial to
undertake the defence of the appeal.

145. An appellant may if he so desires, instead of
presenting his case orally, present it in writing in the
prescribed form.

146. Where a conviction by court-martial involves
sentence of death —

(a) the sentence shall not in any case be executed
until the expiration of the period within which
an appeal to the Court of Appeal against the
conviction shall be lodged;

Commencement
of sentence.

Appeals to be
final.

Proceedings may
be heard in
absence of
appellants.

Defence of
appeals.

Right of apellant
to present his
case in writing.

Suspension of
death sentence.

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(b) if such an appeal is duly lodged or if application
is made for the extension of the period for
lodging the appeal, the sentence shall not be
executed until the appeal or application is
determined or abandoned; and

(c) if an application for leave to appeal to the
Judicial Committee of the Privy Council is duly
made, the sentence shall not be executed until
the application is finally refused or is withdrawn
or the appeal to the Judicial Committee of the
Privy Council is determined or abandoned.

147. Where the conviction of a person by a court-
martial for an offence has been quashed under this Part, he
shall not be liable to be tried again for this offence by a
court-martial or by any other court.

148. Imprisonment and Detention Regulations may
provide in what manner an appellant, when in custody, is
to be taken to, kept in custody at, and brought back from
any place at which he is entitled to be present for the
purposes of this Part or any place to which the Court of
Appeal or a judge thereof may order him to be taken for
the purpose of any proceedings of the Court.

149. In the case of every appeal, or application for
leave to appeal, under this Part to the Court of Appeal
against a conviction by court-martial, it shall be the duty of
the court-martial concerned to furnish to the Registrar of
the Court of Appeal in accordance with rules of court, the
proceedings of the court-martial including any proceedings
with respect to the revision of the findings or sentence of
the court-martial in pursuance of subsection (1) of section
108, the proceedings with respect to the confirmation of
the findings and the sentence of the court-martial and any
petition presented by the person convicted.

150. (1) The Registrar of the Court of Appeal shall
take all necessary steps for obtaining the determination of
an appeal or application under this Part and shall obtain
and lay before the Court of Appeal in proper form all
documents, exhibits and other things relating to the
proceedings in the court-martial before which the appellant
or applicant was tried which appear necessary for the
proper determination of the appeal or application.

Person not to be
tried again where
conviction
quashed.

Removal on
appeal, of
prisoners for
purposes of this
Part.

Furnishing, on
appeal, of
documents
relating to trial.

Duties of
Registrar of
Court of Appeal
with respect to
appeals, etc.

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(2) The Registrar of the Court of Appeal shall
furnish the necessary forms and instructions relating to
appeals or applications for leave to appeal under this Part
to any person who demands them, to persons in charge of
places where persons sentenced by court-martial may
lawfully be confined for the purpose of serving their
sentences and to such other persons as he thinks fit; and
every person in charge of such a place as aforesaid shall
cause the forms and instructions to be placed at the
disposal of persons confined in that place who desire to
lodge an appeal or make application for leave to appeal
under this Part.

151. Nothing in this Part shall affect the exercise by
reviewing authorities of the powers conferred by section
112 in respect of a conviction of a court-martial so far as
regards the exercise thereof at a time before the lodging
with the Registrar of the Court of Appeal of an appeal or
an application for leave to appeal to the Court against the
conviction and nothing in this Part shall affect the exercise
by the Governor-General of the prerogative of mercy.

152. (1) Subject to this Part, any rules of court in
force relating to the hearing of criminal appeals by the
Court of Appeal shall apply to the hearing and
determination of an appeal by the Court under this Part.

(2) Where under this Part anything is required or
authorised to be prescribed it shall be prescribed by rules
of court.

PART VII
FORFEITURE AND DEDUCTIONS

153. (1) No forfeiture of the pay of an officer or
marine of the Defence Force shall be imposed unless
authorised by this Act, other service law or some other
enactment and no deduction from such pay shall be made
unless so authorised or authorised by regulations.

(2) Regulations shall not authorise the making of
any penal deduction, that is to say, a deduction to be made
by reason of the commission of any offence or other
wrongful act or in consequence of any negligence.

Saving of powers
of reviewing
authorities.

General
provisions as to
procedure.

Forfeitures and
deductions;
general
provisions.

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(3) Subsections (1) and (2) shall not prevent the
making of regulations providing for the imposition of any
forfeiture authorised by this Act or the making of any
deduction so authorised, or for the time at which sums may
be deducted from pay to give effect to authorised
deductions or the manner in which amounts may be so
deducted in order to recover any fine imposed in pursuance
of this Act, or as to the appropriation of any such sum or
amount when deducted, or of providing for the
determination of questions relating to forfeitures or
deductions.

(4) Notwithstanding any deduction from the pay of
an officer or marine of the Defence Force he shall (subject
to any forfeiture) remain in receipt of pay at not less than
such minimum rate as may be prescribed.

(5) Notwithstanding that forfeiture of pay of an
officer or marine of the Defence Force for any period has
been ordered in pursuance of this Act, he shall remain in
receipt of pay at such a minimum rate as aforesaid, but the
amount received for that period may be recovered from
him by deduction from pay.

(6) Any amount authorised to be deducted from the
pay of an officer or marine of the Defence Force may be
deducted from any balance (whether or not representing
pay) which may be due to him as an officer or marine and
references in this Act to the making of deductions from pay
shall be construed accordingly and the whole or any part of
any sum forfeited from an offender’s pay may be recovered
by deduction from any such balance.

154. (1) The pay of an officer or marine of the
Defence Force may be forfeited —

(a) for any day of absence in such circumstances as
to constitute an offence under section 43 or
section 44, or, if the Commander so directs, of
other absence without leave;

(b) for any day of imprisonment or detention
awarded under service law by a court-martial or
commanding officer, or of imprisonment or
detention of any description to which he is liable
in consequence of an order or sentence of a civil
court;

(c) where he is found guilty (whether by court-
martial under service law or his commanding


Forfeiture of pay
for absence from
duty.

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officer) of an offence under service law, for any
day (whether before or after he is found guilty)
on which he is in hospital on account of sickness
or injury certified by the proper medical officer
to have been occasioned by the offence.

(2) The pay of an officer or marine of the Defence
Force may be forfeited for any day of absence by reason of
his having been made a prisoner of war if the Commander
or an officer authorised by regulations is satisfied —

(a) that he was made a prisoner of war through
disobedience of orders or wilful neglect of his
duty; or

(b) that having been made a prisoner of war he
failed to take any reasonable steps available to
him to rejoin the Defence Force; or

(c) that having been made a prisoner of war he
served with or aided the enemy in the
prosecution of hostilities or measures calculated
to influence morale or in any other manner
whatsoever not authorised by international
usage,

but, save as aforesaid, nothing in paragraph (a) of
subsection (1) shall apply to absence by reason of having
been made a prisoner of war.

(3) Regulations may make provision as to the
computation of time for the purposes of this section and in
particular as to the counting or disregarding of parts of
days.

155. Where a person sentenced or ordered by a civil
court (whether within or without The Bahamas) to pay a
sum by way of fine, penalty, damages, compensation or
costs in consequence of being charged before the court
with an offence is at the time of the sentence or order, or
subsequently becomes an officer or marine of the Defence
Force, then if the whole or any part of that sum is met by a
payment made by or on behalf of any military or naval
authority, the amount of the payment may be deducted
from his pay.

156. (1) Without prejudice to the provisions of this
Act as to the imposition of stoppages as a punishment, the
following provisions shall have effect where, after such
investigation as may be prescribed by regulations, it


Deductions for
payment of civil
penalties.

Compensation
for loss
occasioned by
wrongful act or
negligence.

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appears to an officer authorised by regulations (in this
section and in sections 158, 159 and 160 referred to as “the
authorised officer”) that any loss of, or damage to, public
or service property has been occasioned by any wrongful
act or negligence of an officer or marine of the Defence
Force (hereinafter referred to as “the person responsible”).

(2) The authorised officer, may order the person
responsible to pay as or towards compensation for the loss
or damage, such sum as may be specified in the order, and
any such sum, in so far as not otherwise paid by the person
responsible, may be deducted from his pay.

(3) No order shall be made under subsection (2) if,
in proceedings before a court-martial under service law, or
a commanding officer, the person responsible —

(a) has been acquitted in circumstances involving a
finding that he was not guilty of the wrongful
act of negligence in question; or

(b) has been awarded stoppages in respect of the
same loss or damage,

but save as aforesaid, the fact that such proceedings have
been brought in respect of the wrongful act or negligence
in question shall not prevent the making of an order or
deductions under subsection (2).

157. (1) When damage occurs to any premises in
which one or more units or parts of such units of the
Defence Force are quartered or billeted, or any fixtures,
furniture or effects in or belonging to such premises are
damaged or lost, and it appears on investigation in
accordance with the provisions of regulations that the
damage or loss was occasioned by the wrongful act or
negligence of persons belonging to any of the units or parts
of units in occupation thereof, but that the said persons
cannot be identified, any person belonging to any of such
units or parts of units may be required to contribute
towards compensation for the damage or loss such amount
as may, in accordance with regulations, be determined to
be just, and the amount may be deducted from his pay.

(2) Subsection (1) shall extend to vessels, motor
vehicles and aircraft in which units or parts of units are
being transported and reference to premises, quartering and
occupation shall be construed accordingly.

Deductions for
barrack damage.

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158. (1) Any officer or marine of the Defence Force
against whom an order has been made by the authorised
officer under sections 156, 159 or 160 may, in accordance
with regulations to be prescribed, apply to a board of
officers for a further examination of the case; and that
board shall consider the case, and thereafter may, in
relation thereto, if it thinks fit, give directions to the
authorised officer; and the authorised officer shall give
effect to such directions.

(2) Any forfeiture or deduction imposed under
sections 154, 155, 156 and or 159 or under regulations may
be remitted by the Security Council or in such manner and
by such authority as may be provided by such regulations.

159. (1) Where any court in The Bahamas has made
an order against any person (in this section referred to as
“the defendant”) for the payment of any periodical or other
sums specified in the order for or in respect of —

(a) the maintenance of his wife or child; or
(b) any costs incurred in obtaining the order; or
(c) any costs incurred in proceedings on appeal

against, or for the variation, revocation or
revival of, any such order,

and the defendant is an officer or marine of the Defence
Force, then (whether or not he was an officer or marine
when the said order was made) the authorised officer may
order such sum to be deducted from the pay of the
defendant and appropriated in or towards satisfaction of the
payment due under the order of the court as the authorised
officer may think fit.

(2) Where to the knowledge of the court making and
such order as aforesaid, or an order varying, revoking, or
reviving any such order, the defendant is an officer or
marine of the Defence Force, the court shall send a copy of
the order to the Minister,

(3) Where such an order as is mentioned in
subsection (1) has been made by a court of a
Commonwealth country outside The Bahamas, and the
authorised officer is satisfied that the defendant has had a
reasonable opportunity of appearing in person, or has
appeared by a duly authorised legal representative, to defend
the case before the court by which the order was made, the


Review of orders
and remission of
forfeitures and
deductions.

Enforcement of
maintenance and
affiliation orders
by deduction
from pay.

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authorised officer shall have the like power under
subsection (1) as if the order had been made by such a
court as is mentioned in that subsection:

Provided that this subsection shall not apply to an
order for payment of a sum for or in respect of the
maintenance of a child born out of wedlock or for the
payment of costs incurred in obtaining such an order or in
proceedings on appeal against, or for the variation,
revocation or revival of, such an order.

(4) The authorised officer may by order vary or
revoke any order previously made under this section, and
may treat any order made under this section as being in
suspense at any time while the person against whom the
order was made is absent as mentioned in paragraph (a) of
subsection (1) of section 154.

(5)(a) In this section —
references to an order made by a court in The

Bahamas include references to an order registered in or
confirmed by such a court under the provisions of any law
which makes provision for the enforcement in The
Bahamas of maintenance orders made outside The
Bahamas; references to a wife or child include, in relation
to an order made in proceedings in connection with the
dissolution or annulment of a marriage, references to a
person who would have been the wife or child of the
defendant if the marriage had subsisted;

references to a child of a person include references to
a child of his wife, and to a child born out of wedlock or
adopted child of that person or of his wife, and in this
paragraph “adopted child” means a child adopted (whether
alone or jointly) in pursuance of an adoption order made
under the Adoption of Children Act.

(b) For the purposes of this subsection, the
expression “maintenance order” means an order, other than
an order of affiliation, for the periodical payment of sums
of money towards the maintenance of the wife or other
dependants of the person against whom the order is made,
and the expression “dependants” means such persons as
that person is, according to the law in force in that part of
the Commonwealth in which the maintenance order was
made, liable to maintain.

Ch. 131.

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160. (1) Where the authorised officer is satisfied that
an officer or marine of the Defence Force is neglecting,
without reasonable cause, to maintain his wife or any child
of his under the age of sixteen, the authorised officer may
order such sum to be deducted from his pay and
appropriated towards the maintenance of his wife or child
as the authorised officer thinks fit.

(2) On an application made to the authorised officer
for an order under subsection (1) the authorised officer, if
satisfied that a prima facie case has been made out for the
making of such an order, may make an interim order for
such deduction and appropriation as is mentioned in the
said subsection (1) to take effect pending the further
examination of the case.

(3) Where an order is in force under subsection (1)
or subsection (3) of section 159 for the making of
deductions in favour of any person from the pay of an
officer or marine of the Defence Force, no deductions from
his pay in favour of the same person shall be ordered under
the foregoing provisions of this section unless the officer or
marine is in a place where process cannot be served on him
in connection with proceedings for the variation of the
order of the court in consequence of which the order under
section 159 was made.

(4) The authorised officer may by order vary or
revoke any order previously made under this section, and
may treat any order made under this section as being in
suspense at any time while the person against whom the
order was made is absent as mentioned in paragraph (a) of
subsection (1) of section 154.

161. (1) The sums deducted under sections 159 and
160 shall not together exceed —

(a) in the case of an officer, three-sevenths of his
pay;

(b) in the case of a non-commissioned officer not
below the rank of petty officer or equivalent
rank two-thirds of his pay;

(c) in the case of a marine below the rank of petty
officer or equivalent rank three-fourths of his
Pay.

(2) Where any deductions have been ordered under
either section 159 or section 160 from a person’s pay and
(whether before or after the deductions have been ordered)
he incurs a forfeiture of pay by or in consequence of the


Deductions from
pay for
maintenance of
wife or child.

Limit of
deductions under
sections 159 and
160 and effect on
forfeiture.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

finding or sentence of a court-martial or the finding or
award of a commanding officer, it shall apply only to so
much of his pay as remains after the deductions have been
made.

(3) For the purposes of paragraphs (b) and (c) of
subsection (1) a person having acting rank shall be treated
as of that rank.

162. (1) Any process to be served on an officer or
marine of the Defence Force (in this section referred to as
“the defendant”) in connection with proceedings for any
such order of a court in The Bahamas as is mentioned in
subsection (1) of section 159, or for the variation,
revocation or revision of such an order, shall be deemed to
be duly served on him or his commanding officer, and
may, without prejudice to any other method of service, be
so served by registered post.

(2) Where any such process is served in The
Bahamas and the defendant will be required to appear in
person at the hearing, then if his commanding officer
certifies to the court by which process was issued that the
defendant is under orders for service at sea or out of The
Bahamas or in some island in The Bahamas other than the
one before the court of which he is due to appear and that
in the commanding officer’s opinion it would not be
possible for the defendant to attend the hearing and return
in time to embark for that service, the service of the
process shall be deemed not to have been effected.

PART VIII
GOVERNMENT AND GENERAL PROVISIONS

COMMAND
163. (1) Officers and marines of the Defence Force

shall stand with each other in such order of precedence as
may be prescribed by the Minister.

(2) Officers and marines of any other military, naval
or air force may, with the approval of the Security Council
be —

(a) attached to the Defence Force if the proper
military authority in such territory has placed
them at the disposal of the Security Council for
that purpose; or

(b) seconded to the Defence Force.

Service of process
in maintenance
proceedings.

Command and
precedence.

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164. (1) The Governor-General shall appoint an
officer, being a member of the Defence Force, in whom the
command of the Defence Force shall be vested and subject
to the terms of such appointment such officer shall have
the command of that Force.

(2) The Governor-General shall appoint an officer,
being a member of the Defence Force as Deputy
Commander, Defence Force to assist the Commander in
the discharge of his duties as Commander and —

(a) who as Deputy Commander, Defence Force,
subject to the directions and instructions of the
Commander shall have command of the Force
during the temporary absence of the
Commander;

(b) references in the other provisions of this Act to
the Commander shall include a reference to the
Deputy Commander when acting in accordance
with this subsection.

(3) The Commander, with the approval of the
Minister, is authorised to issue supplementary instructions
for the efficient administration of the Defence Force and,
in particular, supplementary instructions with respect to —

(a) the promotion of officers of the Defence Force;
(b) the enlistment and advancement of marines of

the Defence Force; and
(c) the transfer, training, absence from duty and

discipline of such officers and marines.
165. The Minister may make regulations as to the

persons, being members of the Defence Force, in whom
command over any part of the Defence Force or member
thereof is vested and as to the circumstances in which such
command as aforesaid is to be exercised.

166. (1) In so far as powers to command depend on a
rank, a member of a Commonwealth force who —

(a) is acting with; or
(b) is a member of a body of those forces which is

acting with,
any body of the Defence Force shall have the like such
powers as a member of the Defence Force of
corresponding rank; and for the purposes of sections 38
and 81 any such member of the said forces shall be treated
as if he were a member of the Defence Force of
corresponding rank.

Command of
Force.

32 of 2007, s. 2.

5 of 1988, s. 5.

Regulations as to
command.

Powers of
command of
members of co-
operating forces.

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(2) If the whole or any part of the Defence Force is
required to act with any other military, naval or air force,
the Security Council may place the Defence Force or such
part thereof under the command of the officer commanding
such other force.

(3) Where any part of the Defence Force is acting in
co-operation with any other force, the Commander or the
officer commanding that part of the Defence Force may, in
agreement with the officer commanding that other force,
define the powers of command and the order of precedence
of the officers, non-commissioned officers and marines of
the Defence Force in relation to the officers, non-
commissioned officers and marines of such other force.

167. (1) It shall be lawful for any officer in command
of any ship belonging to the Defence Force, in any case
where he reasonably suspects that any vessel within the
waters of The Bahamas is engaged or employed in any
unlawful operation or enterprise, to cause such vessel to be
boarded, or stopped and boarded, and any and every part
thereof searched with any assistance; and he may, for the
purpose of any lawful examination, investigation or
inquiry, direct that such vessel proceed to such place as he
may specify.

(2) It shall be lawful for any officer acting in the
execution of any of the provisions of this section —

(a) to pursue and arrest without a warrant any
person upon reasonable suspicion of his having
committed, or being about to commit a criminal
offence;

(b) to take all such steps as are reasonably
justifiable in the circumstances of the case in
order to compel compliance with any directions
given in pursuance of any such provisions.

(3) No officer shall be liable as a result of any loss
or damage to any such vessel as aforesaid, or of any injury
to any person on board the same, occasioned in
consequence of any failure to comply with any directions
given as aforesaid.

(4) When a person is arrested under this section
without a warrant, he shall be taken before a magistrate as
soon as practicable after he is taken into custody:

Provided that he may, as soon as practicable after his
arrest, be delivered or conveyed and delivered into the
custody of a police officer to be dealt with in accordance

Powers of
members of the
Defence Force
with respect to
vessels.

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with section 32 of the Police Act, and otherwise according
to law.

(5) Every person who assaults, obstructs, resists or
wilfully delays any officer acting in execution of any of the
provisions of this section, or without reasonable excuse (the
proof whereof shall lie upon him) fails to comply with any
directions given in pursuance of any such provisions, shall
be guilty of an offence and shall be liable on summary
conviction to a fine of five hundred dollars and to
imprisonment for twelve months or to both such fine and
such imprisonment.

==168. (1) If a person subject to this Act thinks that
he has suffered any personal oppression, injustice or other
ill-treatment, he may make a complaint in accordance with
the prescribed procedure and, if he does not obtain the
redress to which he thinks he is entitled, a complaint to the
Security Council.

(2) On receiving any complaint made by virtue of
subsection (1), it shall be the duty of the Security Council
to investigate the complaint and to grant any redress which
appears to them to be necessary.

Exemptions for Officers and Marines
169. An officer or marine of the Defence Force shall

be exempt from serving on any jury.
170. (1) Duties, tolls or dues for embarking from or

disembarking on any pier, wharf, quay or landing place in
The Bahamas, or for passing over any road or bridge in
The Bahamas, shall not be payable in respect of —

(a) members of the Defence Force on duty;
(b) vehicles in naval service;
(c) goods carried in such vehicles;
(d) animals in the naval service.
(2) In subsection (1) the expression “in naval

service” means employed under proper authority for the
purposes of the Defence Force or accompanying any body
of the Defence Force.

171. No judgment, decree or order given or made
against an officer or marine of the Defence Force by any
court in The Bahamas shall be enforced by the levying of
execution on any service property, nor shall any distress be
made thereon.

Ch. 205.

Redress of
complaints.

Exemptions from
jury service.

Exemptions from
tolls, etc.

Exemption from
taking in
execution of
property used for
naval purposes.

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Provisions relating to Deserters and
Absentees without Leave

172. (1) Any police officer within The Bahamas may
arrest without a warrant any person whom he has
reasonable cause to suspect of being an officer or marine
of the Defence Force who has deserted or is absent without
leave.

(2) Where no police officer is available any officer
or marine of the Defence Force or any other person may
arrest without a warrant any person whom he has
reasonable cause to suspect as aforesaid.

(3) Any person in The Bahamas having authority to
issue a warrant for the arrest of a person charged with
crime, if satisfied by evidence on oath that there is, or is
reasonably suspected of being, within his jurisdiction an
officer or marine of the Defence Force who has deserted or
is absent without leave or is reasonably suspected of
having deserted or of being absent without leave, may
issue a warrant authorising his arrest.

(4) Any person in custody in pursuance of this
section shall as soon as practicable be brought before a
magistrate’s court.

173. (1) Where a person who is brought before a
magistrate’s court is alleged to be an officer or marine of
the Defence Force who has deserted or is absent without
leave, the following provisions shall have effect.

(2) (a) If he admits that he is illegally absent from
the Defence Force and the magistrate is satisfied of the
truth of the admission then —
(i) unless he is in custody for some other cause the

magistrate shall; and
(ii) notwithstanding that he is in custody for some

other cause, the magistrate may,
forthwith either cause him to be delivered into custody in
such manner as the magistrate may think fit or commit him
to some prison, police station or other place provided for
the confinement of persons in custody, to be kept there for
such reasonable time as the magistrate may specify (not
exceeding such time as appears to the magistrate
reasonably necessary for the purpose of enabling him to be
delivered into custody) or until sooner delivered into such
custody.

Arrest of
deserters and
absentees
without leave.

Proceedings
before a civil
court where
persons
suspected of
illegal absence.

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(b) Any time specified by the magistrate may be
extended by the magistrate from time to time if it appears
to the magistrate reasonably necessary so to do for the
purpose aforesaid.

(3) If he does not admit that he is illegally absent as
aforesaid or the magistrate is not satisfied of the truth of
the admission, the magistrate shall consider the evidence
and any statement of the accused, and if satisfied that he is
subject to this Act and if of opinion that there is sufficient
evidence to justify his being tried under this Act for an
offence of desertion or absence without leave, then, unless
he is in custody for some other cause, the magistrate shall
cause him to be delivered into custody or commit him as
aforesaid, but otherwise shall discharge him:

Provided that if he is in custody for some other cause
the magistrate shall have power, but shall not be required,
to act in accordance with this subsection.

174. (1) Where in The Bahamas a person surrenders
himself to a police officer as being illegally absent from
the Defence Force, the police officer shall (unless he
surrenders himself at a police station) bring him to a police
station.

(2) The police officer in charge of a police station at
which a person has surrendered himself as aforesaid, or to
which a person who has so surrendered himself is brought,
shall forthwith inquire into the case, and if it appears to
that officer that the said person is illegally absent as
aforesaid, he may cause him to be delivered into custody,
without bringing him before a magistrate’s court or may
bring him before such a court.

175. (1) Where a magistrate’s court in pursuance of
section 173 deals with a person as illegally absent, then,
when that person is delivered into custody, there shall be
handed over a certificate in the prescribed form, signed by
a magistrate, containing the prescribed particulars as to his
arrest or surrender and the proceedings before the court.

(2) Where a person is delivered into custody
without being brought before a magistrate’s court whether
under the provisions of section 174 or under any other
lawful power, there shall be handed over a certificate in the
prescribed form, signed by the police officer who causes
him to be delivered into custody, containing the prescribed
particulars relating to his surrender.

Deserters and
absentees
without leave
surrendering to
police.

Certificates of
arrest or
surrender of
deserters and
absentees.

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(3) In any proceedings for an offence under section
43 or section 44 —

(a) a document purporting to be a certificate under
either subsection (1) or subsection (2), or under
the corresponding provisions of any service law
(other than this Act) and to be signed as thereby
required, shall be evidence of the matters stated
in the document;

(b) where the proceedings are against a person who
has been taken into custody on arrest or
surrender, a certificate in the prescribed form
purporting to be signed by a provost officer or
any corresponding officer of a force raised under
the law of a Commonwealth country, or by any
other officer in charge of the guardroom or other
place where that person was confined on being
taken into custody, stating the fact, date, time
and place of arrest or surrender shall be evidence
of the matters stated in the certificate.

176. (1) It shall be the duty of the superintendent or
other person in charge of a civil prison to receive any
person duly committed to that prison by a magistrate’s
court as illegally absent and to detain him until in
accordance with the directions of the court he is delivered
into custody.

(2) Subsection (1) shall apply to the person having
charge of any police station or other place (not being a
prison) provided for the confinement of persons in custody
as it applies to the superintendent of a prison.

Offences relating to Military Matters
Punishable by Civil Courts

177. Any person who falsely represents himself to
any military, naval or civil authority to be a deserter from
the Defence Force shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding one
hundred dollars or to imprisonment for a term not
exceeding three months or to both such fine and such
imprisonment.

178. Any person who —
(a) procures or persuades any officer or marine of

the Defence Force to desert or to absent himself
without leave;

Duties of
superintendents
of prisons and
others to receive
deserters and
absentees.

Punishment for
pretending to be
a deserter.

Punishment for
procuring and
assisting
desertion.

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(b) knowing that any such officer or marine is about
to desert or absent himself without leave, assists
him in so doing; or

(c) knowing any person to be a deserter or absentee
without leave from the Defence Force, conceals
him or assists him in concealing himself or
assists in his rescue from custody,

shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding five hundred
dollars or to imprisonment for a term not exceeding three
months, or to both such fine and such imprisonment, or on
conviction on information to a fine not exceeding five
thousand dollars or to imprisonment for a term not
exceeding two years or to both such fine and such
imprisonment.

179. Any person who wilfully obstructs or otherwise
interferes with any officer or marine of the Defence Force
acting in the execution of his duty shall be guilty of an
offence and liable on summary conviction to a fine not
exceeding five hundred dollars or to imprisonment for a
term not exceeding three months or to both such fine and
such imprisonment.

180. Any person who —
(a) produces in an officer or marine of the Defence

Force any sickness or disability; or
(b) supplies to or for him any drug or preparation

calculated or likely to render him or lead to the
belief that he is permanently or temporarily unfit
for service,

with a view to enabling him to avoid service whether
permanently or temporarily, shall be guilty of an offence
and shall be liable on summary conviction to a fine not
exceeding five hundred dollars or to imprisonment for a
term not exceeding six months or to both such fine and
such imprisonment, or on conviction on information to a
fine not exceeding five thousand dollars or to
imprisonment for a term not exceeding two years or to both
such fine and such imprisonment.

181. (1) Any person who acquires any service stores
or solicits or procures any person to dispose of any service
stores, or acts for any person in the disposing of any service
stores, shall be guilty of an offence, unless he proves
either —

Punishment for
obstructing
officers or
marines in
execution of
duty.

Punishment for
aiding
malingering.

Unlawful
purchase, etc., of
naval stores.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) that he did not know, and could not reasonably
be expected to know, that the chattels in
question were service stores; or

(b) that those chattels had (by the transaction with
which he is charged or some earlier transaction)
been disposed of by order or with the consent of
some person or authority who had, or whom he
had reasonable cause to believe to have had,
power to give the order of consent; or

(c) that those chattels had become the property of an
officer of the Defence Force who had retired or
ceased to be such an officer, or of a marine of
the Defence Force who had been discharged, or
of the personal representatives of a person who
had died,

and shall be liable on summary conviction to a fine not
exceeding five hundred dollars or to imprisonment for a
term not exceeding three months or to both such fine and
such imprisonment, or on conviction on information to a
fine not exceeding five thousand dollars or imprisonment
for a term not exceeding two years or to both such fine and
such imprisonment.

(2) A police officer may arrest without warrant any
person whom he has reasonable grounds for suspecting of
having committed an offence against this section, and may
seize any property which he has reasonable grounds for
suspecting of having been the subject of the offence.

(3) Any person having authority to issue a warrant
for the arrest of a person charged with crime may, if
satisfied by evidence on oath that a person within his
jurisdiction has, or is reasonably suspected of having, in his
possession any property which has been the subject of an
offence against this section, grant a warrant to search for
such property as in the case of stolen goods; and any
property suspected of having been the subject of such an
offence which is found on such a search, shall be seized by
the person charged with the execution of the warrant who
shall bring the person in whose possession or keeping the
property is found before a magistrate’s court.

(4) In this section —
“acquire” means buy, take in exchange, take in pawn

or otherwise receive (whether apart from this
section the receiving is lawful or not);

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“dispose” means sell, give in exchange, pledge or
otherwise hand over (whether apart from this
section the handing over is lawful or not);

“service stores” means any chattel of any description
belonging to the Government, which has been
issued for use for service purposes or is held in
store for the purpose of being so issued when
required, and includes any chattel which had
belonged, and had been issued or held, as
aforesaid at some past time.

(5) For the purposes of subsection (3) property shall
be deemed to be in the possession of a person if he has it
under his control, and whether he has it for his own use or
benefit or for the use or benefit of another.

182. (1) Any person who —
(a) as a pledge or a security for a debt; or
(b) with a view to obtaining payment from the

person entitled thereto of a debt due either to
himself or to any other person,

receives, detains or has in his possession any official
document issued in connection with the payment to any
person of any pay, pension, allowance, gratuity or other
payment payable in respect of his or any other person’s
service in the Defence Force shall be guilty of an offence
against this section.

(2) Any person who has in his possession without
lawful authority or excuse (the proof whereof shall lie on
him) any such documents as aforesaid or any official
document issued in connection with the mobilisation or
demobilisation of the Defence Force or any member
thereof, shall be guilty of an offence against this section.

(3) Any person guilty of an offence against this
section shall be liable on summary conviction to a fine not
exceeding five hundred dollars or to imprisonment for a
term not exceeding three months or to both such fine and
such imprisonment.

(4) For the purposes of this section a document shall
be deemed to be in the possession of a person if he has it
under his control and whether he has it for his own use or
benefit or for the use or benefit of another.

Illegal dealings
in documents
relating to pay,
pensions,
mobilisation, etc.

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183. (1) Any person who —
(a) being a person who is not serving in the Defence

Force or a Commonwealth force, without
authority wears in a public place the uniform of
any of those forces or any dress having the
appearance or bearing any of the naval or other
distinctive marks of any such uniform; or

(b) without authority uses or wears any naval, military
or air force decoration, or any badge, wound stripe
or emblem supplied or authorised by the Security
Council or by the Government of a
Commonwealth country; or

(c) uses or wears any decoration, badge, wound stripe,
or emblem so nearly resembling any decoration,
badge, stripe or emblem mentioned in paragraph
(b), as to be calculated to deceive; or

(d) falsely represents himself to be a person who is
or has been entitled to use or wear any such
decoration, badge, stripe or emblem as is
mentioned in paragraph (b),

shall be guilty of an offence against this section:
Provided that nothing in this subsection shall —
(a) prevent any persons from wearing any uniform

or dress in the course of a stage play performed
in a place duly licensed or authorised for public
performance of stage plays or in the case of a
music hall or circus performance, or in the
course of any bona fide military representation;
or

(b) prohibit the use and wearing of ordinary naval
badges or of brooches or ornaments representing
them.

(2) Any person who purchases or takes in pawn any
naval, military or air force decoration awarded to any
member of the Defence Force or any Commonwealth
force, or solicits or procures any person to sell or pledge
any such decoration, or acts for any person in the sale or
pledging thereof shall be guilty of an offence against this
section unless he proves that at the time of the alleged
offence the person to whom the decoration was awarded
was dead or ceased to be a member of those forces.

(3) Any person guilty of an offence against this
section shall be liable on summary conviction to a fine not
exceeding five hundred dollars or to imprisonment for a


Unauthorised use
of and dealing in
decorations, etc.

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term not exceeding three months or to both such fine and
such imprisonment.

Provisions as to Evidence
184. (1) The following provisions shall have effect

with respect to evidence in proceedings under this Act
whether before a court-martial, a civil court or otherwise.

(2) A document purporting to be a copy of the
attestation paper signed by any person and to be certified to
be a true copy by a person stated in the certificate to have
the custody of the attestation paper shall be evidence of the
enlistment of the person attested.

(3) The attestation paper purporting to be signed by
a person on his enlistment shall be evidence of his having
given the answers to questions which he is therein recorded
as having given.

(4) A letter, return or other document stating that
any person —

(a) was or was not serving at any specified time or
during any specified period in the Defence Force
or in any Commonwealth force or was
discharged from any part of those forces at or
before any specified time; or

(b) held or did not hold at any specified time any
specified rank or appointment in any of those
forces, or had at or before any specified time
been attached, posted or transferred to any part
of those forces, or at any specified time or
during any specified period was or was not
serving or held or did not hold any rank or
appointment in any particular country or place;
or

(c) was or was not at any specified time authorised
to use or wear any decoration, badge, wound
stripe or emblem,

shall, if purporting to be issued by or on behalf of the
Commander, be evidence of the matters stated in the
document.

(5) A record made in the prescribed service book or
other prescribed document being a record made in
pursuance of service law or regulations, or otherwise in


General
provisions as to
evidence.

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pursuance of naval duty, and purporting to be signed by the
commanding officer or by a person whose duty it was to
make the record, shall be evidence of the facts stated
therein; and a copy of a record (including the signature
thereto) in any such book or other document as aforesaid,
purporting to be certified to be a true copy by a person
stated in the certificate to have the custody of the book or
other document, shall be evidence of the record.

(6) A document purporting to be issued by order or
on the instructions of the Commander and to contain
instructions or orders given or made by the Commander
shall be evidence of the giving of the instructions or
making of the orders and of their contents.

(7) A certificate purporting to be issued by or on
behalf of the Commander or a person authorised by him,
and stating —

(a) that a decoration of a description specified in or
annexed to the certificate is a military, naval or
air force decoration; or

(b) that a badge, wound stripe or emblem of a
description specified in or annexed to the
certificate is one supplied or authorised by the
Minister or by the Government of a
Commonwealth country,

shall be evidence of the matters stated in the certificate.
(8) A certificate purporting to be signed by a

person’s commanding officer or any officer authorised by
him to give the certificate, and stating the contents of, or
any part of, standing orders or other routine orders of a
continuing nature made for —

(a) any formation or unit or body of marines; or
(b) any command or other area, establishment or

place; or
(c) any ship, or aircraft,

shall in proceedings against the said person be evidence of
the matters stated in the certificate.

185. (1) Where a person subject to this Act has been
tried before a civil court (whether at the time of the trial he
was so subject or not) a certificate signed by the registrar
of the court or a judge, or a magistrate, and stating all or
any of the following matters —

Proof of outcome
of civil trial.

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(a) that the said person has been tried before the
court for an offence specified in the certificate;

(b) the result of the trial;
(c) what judgment or order was given or made by

the court,
shall, for the purposes of this Act, be evidence of the
matters stated in the certificate.

(2) A document purporting to be a certificate under
this section and to be signed by the registrar of the court or
a judge, or a magistrate, shall, unless the contrary is shown,
be deemed to be such a certificate.

186. (1) The original record of the proceedings of a
court-martial under service law purporting to be signed by
the president of the court and being in the custody of any
person having the lawful custody thereof shall be
admissible in evidence on production from that custody.

(2) A document purporting to be a copy of the
original record of the proceedings of a court-martial under
service law or any part thereof and to be certified by the
person having the lawful custody of the records to be a true
copy, shall be evidence of the contents of the records or the
part to which the document relates, as the case may be.

(3) This section applies to evidence given in any
court, whether civil or criminal.

Miscellaneous Provisions
187. (1) Where a person is in custody when charged

with, or with a view to his being charged with, an offence
against Part V, it shall be the duty of the superintendent or
other person in charge of a civil prison or of the person
having charge of any police station or other place in which
prisoners may be lawfully detained, upon delivery to him
of a written order purporting to be signed by the
commanding officer of the person in custody, to receive
him into his custody for a period not exceeding seven days.

(2) In this section “civil prison” has the meaning
ascribed to it in section 132.

188. (1) Every assignment of or charge on, and every
agreement to assign or charge, any pay, award, grant,
pension or allowance payable to any person in respect of
his or any other person’s service in the Defence Force shall
be void at law.

Evidence of
proceedings of
court-martial.

Temporary
reception in civil
custody of
persons under
escort.

Avoidance of
assignment, of,
or charge on
naval pay,
pensions, etc.

CH.211 – 106] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Save as expressly provided by this Act, no order
shall be made by any court the effect of which would be to
restrain any person from receiving anything which by
virtue of this section he is precluded from assigning and to
direct payment thereof to another person.

(3) Nothing in this section shall prejudice any law
providing for the payment of any sum to a bankrupt’s
trustee in bankruptcy for distribution among creditors.

189. (1) An officer of the Defence Force of a rank not
below that of lieutenant commander (hereinafter referred to
as an “authorised officer”) may, outside The Bahamas, take
statutory declarations from persons subject to this Act.

(2) A document purporting to have subscribed
thereto the signature of an authorised officer in testimony
of a statutory declaration being taken before him in
pursuance of this section and containing in the jurat or
attestation a statement of the date on which and the place at
which the declaration was taken and of the full name and
rank of that officer, shall be admitted in evidence without
proof of the signature being the signature of that officer or
of the facts so stated.

5 of 1988, s. 6 .

PART IX
THE ROYAL BAHAMAS DEFENCE

FORCE RESERVE
190. The Reserve shall consist of —
(a) officers appointed to the Reserve;
(b) marines enlisted or deemed to be enlisted or re-

engaged in pursuance of this Part for service in
the Reserve.

191. (1) The term for which a person enlisting in the
Reserve may be enlisted shall be such a term beginning
with the date of his attestation as may be prescribed.

(2) A person enlisting in the Reserve shall be
attested in the same manner as a recruit in the regular Force
and the following provisions of Part IV, that is to say —

(a) section 16 (which relates to the mode of
enlistment and attestation);

Power of certain
officers to take
statutory
declaration.

5 of 1988, s. 6.

Composition of
Reserve.

Enlistment and
re-engagement in
the Reserve.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(b) section 26 (which relates to the validity of
attestation and enlistment), but omitting the
references in that section to the receipt of pay;
and

(c) section 27 (which makes recruits punishable for
false answers),

shall apply in like manner as if they were re-enacted in this
Part with the substitution for references to the regular
Force of references to the Reserve.

(3) A person enlisting in the Reserve may be
attested by any officer and the provisions of Part IV
mentioned in subsection (2), together also with section 67
(which relates to false answers on enlistment), shall in their
application to the Reserve be construed as if the expression
“Recruiting Officer” included any officer of the Defence
Force.

(4) Any marine of the Reserve who at any time has
completed, or is within six months before completing, the
term for which he enlisted or re-engaged in pursuance of
this Part may with the approval of the competent authority
re-engage for such further period or periods of service in
the Reserve as may be prescribed.

192. (1) Subject to this section, every officer and
marine of the Reserve shall attend for training at such place
or places and for such periods as may be determined by the
Commander, and shall fulfil such conditions relating to
training as may be prescribed.

(2) The requirements of this section may be
dispensed with in whole or in part as respects any unit of
the Reserve, by the Commander, and as respects any
individual officer or marine of the Reserve, by his
commanding officer subject to any general directions of
the Commander.

(3) Nothing in this section shall be construed as
preventing an officer or marine of the Reserve, undergoing
voluntary training in addition to any training referred to in
subsection (1).

193. (1) The Security Council may, at any time when
occasion appears to require, call out the Reserve, or as
many officers and marines thereof as they think necessary,
on temporary service.

(2) Officers and marines called out for service under
this section shall not be liable to serve at any one time for a
period exceeding two months.

Training of
Reserve.

Call out of
Reserve on
temporary
service.

CH.211 – 108] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

194. (1) In the event of a state of war being declared
or of insurrection, hostilities or public emergency, it shall
be lawful for the Governor-General by proclamation to
direct that the Reserve shall be called out on permanent
service.

(2) Upon the making of a proclamation under
subsection (1) the Minister shall call out the Reserve or as
many officers and marines of the Reserves as he thinks is
necessary, on permanent service.

(3) Every officer and marine of the Reserve when
called out on permanent service shall be liable to continue
in service until his services are no longer required.

195. (1) Where the whole or any part of the Reserve
is called out on temporary service or on permanent service,
it shall be the duty of every officer and marine belonging
thereto, to attend in person at such place or places as may
be prescribed:

Provided that no officer or marine of the Reserve
shall be liable to be proceeded against for an offence under
this Act by reason of his failure to attend as aforesaid
unless he has been served with a notice under the
provisions of subsection (2) requiring him to attend.

(2) In the event of a call out under sections 193 and
194, the Minister may cause any officer or marine liable to
such call out to be served with a notice requiring him to
attend at the time and place therein specified.

(3) A notice under subsection (2) may be served on
any officer or marine by —

(a) being delivered to him personally;
(b) being left at his last known address;
(c) being sent by registered post addressed to him at

his last known address.
196. Where an officer or marine of the Reserve is

called out on temporary service or on permanent service,
he shall, for the purposes of section 202 and paragraph (c)
of subsection (1) of section 203, be deemed to be so called
out with effect from either —

(a) the time of his attendance under subsection (1)
of section 195; or

(b) the time specified in any notice served under
subsection (2) of that section,

whichever shall be the earlier.

Call out of
Reserve on
permanent
service.

Attendance upon
call out.

Effective time of
call out.

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197. (1) Where an officer or marine of the Reserve
has been called out on temporary service or on permanent
service, the Minister may at any time thereafter give such
directions as he may think fit for terminating the service of
any officer or marine so called out but without prejudice to
the power of the Security Council by notice served under
section 195 to call out for further service any officer or
marine whose service has been terminated by directions
given under this section.

198. Every officer and marine of the Reserve may,
when called out on temporary service or on permanent
service or when undergoing training, be posted or attached
to any unit of the regular Force or the Reserve.

199. (1) Any officer or marine of the Reserve in The
Bahamas who, without leave lawfully granted or other
reasonable excuse, fails to appear at the time and place
appointed for annual training, or at the time and place
specified in any notice under subsection (2) of section 195
shall —

(a) if called out on permanent service, be guilty
according to the circumstances, of desertion
within the meaning of section 42 or of absenting
himself without leave within the meaning of
section 44; or

(b) if called out on temporary service or due to
attend annual training, be guilty of absenting
himself without leave within the meaning of
section 44.

(2) Any officer or marine of the Reserve who
commits any offence under this section shall be liable —

(a) to be tried by court-martial, and on conviction
shall be punishable as for an offence under
section 43 or, as the case may be, section 44; or

(b) to be tried summarily and on conviction shall be
liable to a fine not exceeding two hundred
dollars and in default of payment to
imprisonment for any term not exceeding three
months.

(3) Section 81 shall apply to officers and marines of
the Reserve who commit an offence against this section as
it applies to officers and marines of the regular Force.

Termination of
service.

Posting of
attachment of
members of
Reserve.

Punishment for
non-attendance.

CH.211 – 110] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) Where an officer or marine of the Reserve fails
to appear at the time and place appointed for training or at
the time and place specified in any notice under subsection
(2) of section 195, and his absence continues for not less
than twenty-one days, an entry of such absence shall be
made by an officer in the service books and such entry
shall be prima facie evidence of the fact of such absence.

200. (1) If any person designedly makes away with,
or pawns, or wrongfully destroys or damages, or
negligently loses anything issued to him as an officer or
marine of the Reserve, or wrongfully refuses or neglects to
deliver upon demand anything issued to him as such officer
or marine the value thereof shall be recoverable from him
summarily on complaint by any officer of the Force.

(2) Without prejudice to subsection (1), any person
who designedly makes away with, sells, pawns, or
wrongfully destroys anything issued to him as aforesaid
shall be liable on summary conviction to a fine not
exceeding one hundred dollars.

201. (1) A marine of the Reserve may be discharged
by the competent authority at any time during the currency
of any term of service in the Reserve upon such grounds as
may be prescribed.

(2) A marine of the Reserve shall, unless the
Reserve is called out on permanent service, be entitled to
be discharged before the end of his current term of service
on complying with the following conditions —
(i) giving to his commanding officer six weeks’

notice in writing of his desire to be discharged;
and

(ii) delivering up in good order, fair wear and tear
only excepted, all arms, clothing and equipment,
being public property issued to him or, in cases
where for any good or sufficient cause the
delivery of the property aforesaid is impossible,
paying the value thereof.

202. The provisions of Part IV relating to the award
of fines and stoppages, and the provisions of sections 153
to 162 shall not apply to officers and marines of the
Reserve except when called out on permanent service or on
temporary service or when serving on the permanent staff
of the Reserve.

Wrongful sale,
etc., of public
property.

Discharge from
Reserve.

Application of
Part IV.

DEFENCE [CH.211 – 111




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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PART X
APPLICATION OF THE LAW AND
SUPPLEMENTARY PROVISIONS

203. (1) Subject to section 204, the following persons
are subject to this Act —

(a) officers and marines of the regular Force;
(b) officers and marines when attached to the

Defence Force or any part thereof;
(c) officers and marines of the Reserve when called

out on permanent service or temporary service
or when undergoing or performing any training
or other duty (whether in pursuance of an
obligation or not) or when serving on the
permanent staff of the Reserve.

(2) This Act shall apply to the persons subject
thereto under this section and in relation to the Defence
Force as well as outside as within The Bahamas.

204. (1) The Minister may by order declare that
officers and non-commissioned officers who being
members of the armed forces of any Commonwealth
country are subject to the law of such country and are
seconded to serve with the Defence Force or any part
thereof, shall remain subject to the law of such country and
shall not be subject to this Act.

(2) In the event of a person referred to in subsection
(1) committing an offence against the law applicable to
him, he may be held, tried and punished in The Bahamas
according to such law for the offence thereunder.

205. (1) Subject to the foregoing provisions of this Act,
the Minister may make regulations for the better carrying out
of the provisions of this Act and generally for the government
and organisation of the Defence Force and for providing for
matters required by this Act to be prescribed and, without
prejudice to the generality of the foregoing, such regulations
may make provisions with respect to all or any of the
following matters, that is to say —

(a) the enlistment of persons into, and the discharge
of persons from, the regular Force and generally
for the carrying into effect of Part IV, including
the prescribing of the necessary forms and the
administration of oaths and affirmations;

Persons subject
to this Act.

Application of
the Act.

Regulations.

CH.211 – 112] DEFENCE






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) determining to what extent and under what
conditions service in any Commonwealth force
other than in the Defence Force may be counted
as service in the regular Force;

(c) the pay, allowances, pensions and gratuities of
officers and marines and of their dependants
surviving them, and the deductions therefrom and
the forfeiture thereof (including the reckoning for
pay, pensions and gratuities of service in any
Commonwealth force other than in the Defence
Force, prior to the commencement of service in
that Force);

(d) the description, supply, use and disposal of
arms, accoutrement, clothing and other stores;

(e) the enlistment of persons into and the discharge
of persons from the Reserve, including the
prescribing of the necessary forms and the
administration of oaths and affirmations;

(f) the calling out of officers and marines of the
Reserve on temporary service, on permanent
service and for training, including prescribing
the manner in which notification of the places
and times appointed for training is to be given;

(g) requiring officers and marines of the Reserve to
report themselves from time to time and
generally for the carrying into effect of Part IX;

(h) prohibiting, restricting and regulating the
holding of meetings within the limits of any
camp or other establishment and the admission
thereto of civilians for the purpose of holding,
addressing or attending any such meeting;

(i) in respect of the appointment of a Chaplain to
the Defence Force and of a Medical Officer to
the Defence Force and for the medical treatment
generally of officers and marines of the Defence
Force;

(j) for the establishment and management of
messes, canteens and recreation rooms for
officers and marines of the Defence Force;

(k) for the establishment of outposts;
(l) for the establishment of a Defence Force Fines

Fund into which all fines imposed for an offence
against discipline may be paid and otherwise
generally in connection therewith;

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(m) in respect of matters for which regulations may
be made under the foregoing provisions of this
Act, other than under the provisions of Part III
and Part VI.

(2) Any regulations made under this section with
respect to the amounts of money payable under this Act on
account of pay, allowances, pensions or gratuities or with
respect to the rates payable under this Act in respect of
pay, allowances, pensions or gratuities shall only be made
with the approval of the Minister of Finance.

206. (1) Any power conferred by this Act to make
regulations, rules, orders or other instruments shall include
power to make provision for specified cases or classes of
cases, and to make different provisions for different classes
or cases, and for the purposes of any such instrument,
classes or cases may be defined by reference to any
circumstances specified in the instrument.

(2) Any such regulations, rules, orders or other
instruments as aforesaid may impose conditions, require
acts or things to be performed or done to the satisfaction of
any person named therein whether or not such persons are
members of the Defence Force or of any Commonwealth
force, empower such persons to issue orders either orally
or in writing requiring acts or things to be performed or
done or prohibiting acts or things from being performed or
done, and prescribe periods or dates upon, within or before
which such acts or things shall be performed or done or
such conditions shall be fulfilled and provide for appeal
against any such order, requirement or direction.

207. Save as expressly provided by any regulations,
any order, determination, direction or appointment required
or authorised to be made under this Act by any officer or
authority may be signified under the hand of any officer
authorised in that behalf, and any instrument signifying
such an order, determination, direction or appointment and
purporting to be signed by an officer stated therein to be so
authorised shall unless the contrary is proved be deemed to
be signed by an officer so authorised.

Powers
exercisable in
subsidiary
legislation.

Execution of
orders,
instruments, etc.

CH.211 – 114] DEFENCE






STATUTE LAW OF THE BAHAMAS LRO 1/2006


208. (1) Where any police officer holding a

pensionable office in the Police Force ceases to be the
holder of such office by reason of his transfer to the service
of the Defence Force and such person subsequently retires
from the service of the Defence Force in such
circumstances that, had he remained a police officer, he
would have been eligible for pension under the provisions
of the Pensions Act or the Police Act, then in any such case
the following provisions of this section shall have effect.

(2) Any pension payable to any such person as is
mentioned in subsection (1) by the Defence Force to whose
service he has been transferred shall be calculated and
granted to him in respect of his total service in the Police
Force and with the Defence Force taken together and such
service shall be reckoned as continuous for pension
purposes.

(3) There shall be payable out of the Consolidated
Fund upon the warrant of the Minister of Finance to the
Defence Force as contribution to every pension paid in
accordance with subsection (2) such amounts as would
have been payable to the person concerned by way of
pension under the Pensions Act or the Police Act, if such
person had retired from the service of the Police Force and
if he had been granted a pension under the Pensions Act or
the Police Act, upon the date of his ceasing to be a police
officer.

209. Notwithstanding anything contained in any other
Act, no judgment obtained in any court outside The
Bahamas against the Government, in relation to the
Defence Force or against any member of the Defence
Force while on duty as such shall be enforceable in any
court in The Bahamas.


210. No action shall be brought against any member

of the Defence Force in respect of anything done by him
while in the execution of his duty as such, provided that
such member acted bona fide in the execution of his duty.

211. None of the provisions of the Liquor Licences
Act shall apply to any canteen, mess or other similar
institution belonging to the Defence Force.

Pension of
person
transferred from
the Police Force
to the Force.

S.I. 36/2005.

Ch. 43.

Ch. 205.

Ch. 43.
Ch. 205.

Judgments
obtained in
foreign courts
against
Government in
relation to
Defence Force
not enforceable
in The Bahamas.

Protection of
members of
Defence Force
acting in
execution of
duty.
Exemption from
Liquor Licences
Act.
Ch. 372.

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212. Any purported appointment of any person as an
officer or marine of the Defence Force before the
establishment of the Force shall have effect and operate as
if the Force had been in existence at the date of the
appointment and the Ministry of Defence had appointed
the person to be an officer or marine of the Force, as the
case may be, notwithstanding that this Act may not have
been enacted at the time any such appointment was made.

FIRST SCHEDULE (Section 12(3))

COMMISSIONS

FORM OF COMMISSION

I, ......................................................... Governor-General of The
Bahamas do give to ....................................................................
Greetings and reposing special trust in your loyalty, courage
and good conduct, do by these presents constitute and appoint
you to be an officer in the Defence Force for ................ years1
from the ...................... day of .................., 20...................

You are therefore carefully and diligently to discharge your
duty as such an officer in the rank of or in such other rank as you
may from time to time hereafter be promoted or appointed and
you are in such manner and on such occasions to exercise and
well discipline in their duties, such officers and marines as may
be placed under your orders from time to time and use your best
endeavours to keep them in good order and discipline. I do
hereby command, all such officers and marines to obey you as
their superior officer, and you to observe and follow such
orders and directions as from time to time you shall receive
from me or any of your superior officers in pursuance of the
trust hereby reposed in you.
Given at ....................this ................... day of .............., 20.........
..............................

Governor-General












1 To be omitted in the case of a commission granted for an indefinite period.

Validation of
appointments
made to the
Force before
establishment of
Force.

CH.211 – 116] DEFENCE






STATUTE LAW OF THE BAHAMAS LRO 1/2006

SECOND SCHEDULE (Section 101(6))

ALTERNATIVE OFFENCES OF WHICH ACCUSED MAY BE
CONVICTED BY COURT-MARTIAL

Offence Charged Alternative Offence
1. Any offence against subsec-

tion (1) of section 29.
1. Any offence against subsection

(2) of section 29.
2. Any offence against subsec-

tion (1) of section 35.
2. Any offence against subsection

(2) of section 35.
3. Communication with or

giving intelligence to the
enemy, either with intent to
assist the enemy or without
authority.

3. Disclosing information without
authority.

4. Striking his superior officer. 4. (a) Using violence to his
superior officer otherwise
than by striking him.

(b) Offering violence to his
superior officer.

5. Using violence to his superior
officer otherwise than by
striking him.

5. Offering violence to his superior
officer.

6. Using threatening language to
his superior officer.

6. Using insubordinate language to
his superior officer.

7. Disobeying in such a manner as
to show wilful defiance of
authority, a lawful command
given or sent to him personally.

7. Disobeying a lawful command.

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Offence Charged Alternative Offence

8. Desertion. 8. Absence without leave.
9. Attempting to desert. 9. Absence without leave.
10. Stealing any property. 10. Fraudulently misapplying the

property.
11. Any offence against

section 41 of this Act
involving wilfulness.

11. The corresponding offence
involving negligence.

12. Any offence against
subsection (1) of section
62.

12. Any offence against subsection (2)
of section 62.

13. Any offence against
subsection (1) of section
63 involving striking.

13. (a) The corresponding offence
involving the use of violence
other than striking.

(b) The corresponding offence
involving the offering of
violence.

14. Any offence against
section 63 involving the
use of violence other than
striking.

14. The corresponding offence
involving the offering of violence.

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