CH.211 – 176] DEFENCE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

DEFENCE (EVIDENCE) REGULATIONS

(SECTIONS 174, 184 and 205) [Commencement 20th September, 1984]

1. These Regulations may be cited as the Defence (Evidence) Regulations.

2. In these Regulations unless the context otherwise requires —

“Provost officer” includes a Regulating Officer. 3. Where under section 173 of the Defence Act a

magistrate’s court has dealt with a person as illegally absent, the certificate which is required by subsection (1) of section 175 of the Defence Act shall be in the form specified in Part I of the First Schedule and shall contain the particulars there set out of his arrest or surrender and of the proceedings before the court.

4. Where under section 174 of the Defence Act a person is delivered into custody without being brought before a magistrate’s court, the certificate which is required by subsection (2) of section 175 of the Defence Act shall be in the form specified in Part II of the First Schedule and shall contain the particulars there set out relating to his surrender.

5. Where a person has been taken into custody on arrest or surrender, the certificate which is required by paragraph (b) of subsection (3) of section 175 of the Defence Act shall be in the from specified in Part III of the First Schedule and shall contain the particulars there set out relating to his arrest or surrender.

6. The service books or other documents in which records may be made for the purposes of subsection (5) of section 184 of the Defence Act, which deals with admissibility of records in evidence, shall be those listed in the Second Schedule.

S.I. 56/1984

Citation.

Interpretation.

First Schedule.

Certificate of arrest or surrender.

Certificate of surrender.

First Schedule.

Certificate of arrest or surrender when taken into custody. First Schedule.

Prescribed service books and documents.

Second Schedule.

DEFENCE [CH.211 – 177

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FIRST SCHEDULE (Regulation 3) PART I

CERTIFICATE IN ACCORDANCE WITH SECTION 175(1) OF THE DEFENCE ACT

I certify that on the ..................................................... day of ....................... 19 .... there was brought to the magistrate’s court at ...................................................................................... (place)

Pay number ............................................................................ Rank: ..................................................................................... Name: .................................................................................... Unit: .......................................................................................

a member of the Royal Bahamas Defence Force, alleged to be an illegal absentee who had been arrested by/surrendered to 8 .........................(name of person who arrested or to whom surrender made) at ............................ (place) at .................(time) on the .................. day of ............... 19 .... (date) and that he was dealt with in accordance with the provisions of section 173 of the Defence Act. 9 The said member of the Royal Bahamas Defence Force admitted that he had been illegally absent from the said unit at ............................. (place from which he went absent, if known). Dated this ..................... day of .......................................... 19 ....

.........................................................(signature) Magistrate

PART II (Regulation 4) CERTIFICATE IN ACCORDANCE WITH SECTION 175(2)

OF THE DEFENCE ACT I certify that .................................................................... (full

names) a member of the Royal Bahamas Defence Force surrendered himself at ...................................................(place) at ..........................................(hour) on the ................................ day of..................................................................................... 19 .... as being illegally absent from ............................................ (unit) at ..................................................................................... (place) on ...................................................................... (date) and gave the following particulars —

Pay number: .......................................................................... Rank: ......................................................................................

8 Delete as appropriate. 9 Delete this paragraph if no admission made.

CH.211 – 178] DEFENCE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Name: .................................................................................... Unit: .......................................................................................

Dated this ..................................... day of .................... 19........... .............................................. (signature)

Officer of police in charge of the police station where the above-named person surrendered or was taken on surrender who caused that person to be delivered into custody.

PART III (Regulation 5) CERTIFICATE IN ACCORDANCE WITH SECTION 175(3)(b)

OF THE DEFENCE ACT I, .............................................................................................

(rank, name, unit) certify that ................................................... ..............................................(pay number, rank, name and unit) a member of the Royal Bahamas Defence Force/was arrested/ surrendered himself/ 10 at ................................................. (place) at ......................... (hour) on the................................................... day of ................................... 19.... Dated this ...................... day of ........................................ 19...... ............................................. (signature)

/Provost Officer/ 11 /Officer in charge of guardroom/ 12 /Officer in charge of ............. / 13 14 /Officer, corresponding to a Provost Officer of a Commonwealth Force/ 15 where the person/arrested/surrendering/ 16 was confined on being taken into custody.

10 Delete as appropriate. 11 Delete as appropriate. 12 Delete as appropriate. 13 Place where absentee confined if not a guardroom. 14 Delete as appropriate. 15 Delete as appropriate. 16 Delete as appropriate.

DEFENCE [CH.211 – 179

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SECOND SCHEDULE (Regulation 6)

DEFENCE FORCE BOOKS AND FORMS ADMISSIBLE IN EVIDENCE

Serial Book or Form Code or Catalogue 1 Leave pass 10 2 Absentee Register 11 3 Absentee Register (Reserve) 11a 4 Correspondence Register 16 5 Stores Lost or Damaged 126 6 Navigating Officer’s Note Book 140 7 Ship’s Log 141 8 Food Issue and Return 150 9 Victualling Report (Sea) 151 10 Victualling Report (Shore) 152 11 Coral Harbour Galley Statement 153 12 Armament and Magazine Log 180 13 Duty Watch Log 209 14 Keyboard Log 210 15 Transport Log 220 16 Report of Collision and Grounding 232 17 Record of Investigation Forms 241-247 18 Delay Report Forms 248-249 19 Engine Log 2026 20 Planned Maintenance Card 2027

DEFENCE (REGULAR FORCE ENLISTMENT AND SERVICE) REGULATIONS

(SECTION 205) [Commencement 20th September, 1984]

1. These Regulations may be cited as the Defence (Regular Force Enlistment and Service) Regulations.

S.I. 43/1984 5 of 1988 S.I. 34/1988

Citation.