Defence (Imprisonment and Detention) Regulations


Published: 1984-09-20

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Defence (Imprisonment and Detention) Regulations
DEFENCE [CH.211 – 11


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

DEFENCE (IMPRISONMENT AND DETENTION)
REGULATIONS

(SECTIONS 113, 117, 118, 119, 120, 121, 134 and 148)
[Commencement 20th September, 1984]

PART I
PRELIMINARY

1. These Regulations may be cited as the Defence
(Imprisonment and Detention) Regulations.

2. In these Regulations, unless the context otherwise
requires —

“civil prison” means a civil prison in The Bahamas;
“confirming authority” means in relation to a person

under a sentence of imprisonment or detention
passed by court-martial, the authority by whom
that sentence was confirmed;

“court-martial” means court-martial under the Act;
“legal adviser” means in relation to a person under

sentence —
(i) a person who is qualified as a counsel and

attorney according to the law of The
Bahamas,

(ii) a clerk in the full-time employment of such
person as aforesaid authorised by that
person to interview a person under sentence,

(iii) any officer representing or assisting a
person under sentence for the purpose of
his defence or in connection with a petition
or appeal;

“officer” means any member of the Defence Force of
or above the rank of midshipman;

“officer in charge” means the commanding officer of
the unit to which unit detention quarters belong
or, where unit detention quarters have been
designated a sub-unit by Commander Defence
Force, the officer commanding that sub-unit;

S.I. 56/1984

Citation.

Interpretation.

CH.211 – 12] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“overseas establishment” means an establishment
under the control of the authorities of a country
or territory outside The Bahamas in which
service sentences of imprisonment or detention
may be served wholly or partly in accordance
with arrangements made with those authorities;

“person under sentence” means any officer, warrant
officer or marine who has been sentenced by
court-martial or, as the case may be, his
commanding officer —
(i) to suffer death or to undergo

imprisonment; or
(ii) to undergo detention.

“reconsidering authority” means the authority speci-
fied in section 113 of the Act;

“reviewing authority” is the authority specified in
section 112 of the Act;

“room” means any cell or room or any other place of
confinement within any premises, vessel, hut or
tent, or any part of a hut or tent;

“unit” has the meaning ascribed to it by regulation 3
of the Defence (Rank, Command and the
Precedence) Regulations; and

“warrant officer” has the same meaning as in the
Defence (Regular Force Enlistment and Service)
Regulations, and the Defence (Reserve) Regula-
tions.

3. These Regulations shall apply to persons under
sentence and shall not apply to persons in arrest or custody
awaiting trial or punishment under service law.

PART II
GENERAL PROVISIONS

Places where Sentences Served
4. Subject to, and in accordance with the provisions

of these regulations, the places in which persons may be
required to serve the whole or any part of service sentences
of imprisonment or detention passed upon them small be
unit detention quarters, civil prisons and overseas estab-
lishments.

Scope of these
regulations.

Places in which
persons may be
required to serve
service sentences
of imprisonment
or detention.

DEFENCE [CH.211 – 13


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

5. Unit detention quarters may be provided by the
commanding officer of any unit being an officer not below
the rank of commander or corresponding rank, and shall be
provided by the commanding officer of any unit, whatever
his rank, if required to do so by higher authority.

6. Except as provided in regulation 10, a person
under sentence passed in The Bahamas shall be required to
serve that sentence in The Bahamas.

7. A person under sentence passed outside The
Bahamas shall be required to serve that sentence in The
Bahamas:

Provided that he shall be required to serve outside
The Bahamas that part of his sentence which he is required
to serve in pursuance of a direction given by the
confirming or renewing authority under section 120 of the
Act.

8. The whole or part of a service sentence of
imprisonment or detention which a person is required to
serve in The Bahamas shall be served in a civil prison
unless it is a sentence of detention of sixty days or less, in
which case it may be served in unit detention quarters.

9. A person shall serve the whole or any part of a
service sentence of imprisonment or detention which he is
required to serve outside The Bahamas in an overseas
establishment.

10. A person who is serving a service sentence of
imprisonment of detention in The Bahamas may, by order
of the confirming authority, reviewing authority or
reconsidering authority, be removed out of The Bahamas to
any place outside The Bahamas 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.

11. Notwithstanding anything hereinbefore contained
and subject to section 119 of the Act, where a person on
whom a service sentence of imprisonment or detention has
been passed —

(i) is awaiting admission to any prison or other
establishment or is the transit from one prison or
establishment to another; or

Provision of unit
detention
quarters.

Persons
sentenced in The
Bahamas

Persons
sentenced outside
The Bahamas.

Places in which
sentences shall be
served.

Places in which
service sentences
of imprisonment
or detention may
be served outside
The Bahamas.
Removal from
The Bahamas of
persons serving
sentences there.

Temporary
custody of
persons under
sentence.

CH.211 – 14] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(ii) is being removed from one country or place to
another; or

(iii) has appealed against his conviction to the Court
of Appeal and is entitled or ordered to be present
at any place for the purposes of Part VI of the
Act; or

(iv) is required or entitled to be present at any civil
court, court-martial, or inquiry; or

(v) is, for any other reason connected with service
duty, required to be removed temporarily from
the prison or other establishment where he is for
the time being serving his sentence to some
other place,

he may be detained temporarily under the following
circumstances —

(a) on the written order of his commanding officer,
in civil custody for a period not exceeding seven
days in accordance with subsection (2) of
section 121 of the Act; or

(b) on the written order of his commanding officer
or the superintendent or other person in charge
of the establishment or prison where he is for the
time being —

(i) in unit detention quarters, or
(ii) in such other form of service custody as may

be determined by his commanding officer or
the superintendant or other person in charge
of the said establishment or prison.

12. Subject to the provisions of sections 118 and 119
of the Act, no person under service sentence of imprison-
ment or detention shall be committed to a civil prison or
overseas establishment, or to unit detention quarters or
form of custody, or removed from one country or place to
another, or from one prison or establishment or form of
custody to another, except in accordance with as order
made on one of the forms specified in Part I of the First
Schedule as is appropriate to the case; and every such order
shall be properly completed in accordance with instructions
for that farm in the said Part I and signed by an officer of
such rank and appointment as is specified in it.

Committal to or
removal from
prisons and other
establishments.

First Schedule.

DEFENCE [CH.211 – 15


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

13. Except as provided for in regulations 14 and
15, no person under service sentence of imprisonment or
detention shall be released from unit detention quarters,
an overseas establishment or service custody otherwise
than —

(a) by an order of the Court of Appeal or other civil
court of competent jurisdiction;

(b) by an order made in the form specified in Part II
of the First Schedule and signed by an officer of
such rank and appointment as is specified in it;
or

(c) on the expiration of his sentence, less any
remission allowed by these Regulations:

Provided that where a sentence is due to expire on a
Sunday, or a public holiday, the person shall be released on
the previous weekday, and any uncompleted days shall be
considered as having been remitted.

14. A person under sentence may be released from
imprisonment or detention in unit detention quarters for the
purpose of medical examination, or observation or
treatment, for such period and under such conditions as the
officer in charge acting on the advice of a medical
practitioner, may determine.

15. (1) The officer in charge may authorise the
temporary release from unit detention quarters on
compassionate grounds of a person in the cases and under
the conditions set out in this regulation.

(2) The cases in which a person under sentence may
be released temporarily under paragraph (1) of this regulation
are —

(a) where the death or dangerous illness of a near
relative occurs and the officer in charge is
satisfied that the presence of the person under
sentence is desirable;

(b) where damage has been suffered by any premises
occupied by the person’s family or near relative
and the officer in charge is satisfied that the
presence of the person under sentence is desir-
able;

Release from
service sentences
of imprisonment
or detention.

First Schedule.

Release for
medical reasons.

Temporary
release.

CH.211 – 16] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) where the person under sentence could not make
arrangements before or after the birth of a child,
and the officer in charge is satisfied that the
presence of the person is desirable for that
purpose;

(d) the person under sentence has requested
facilities to enable him to marry a woman who is
expecting a child; or

(e) where there are domestic difficulties concerning
the person under sentence or his family, and the
officer in charge is satisfied that the personal
attendance of the person is desirable.

(3) The conditions under which the officer in charge
may authorise the temporary release of a person under
sentence are —

(a) that the person under sentence shall comply with
any conditions laid down by the officer in
charge which apply during the period of his tem-
porary release, including any conditions as to
custody and as to places where the person may
not go during that period;

(b) but if the person under sentence fails to comply
with any condition under which he was tem-
porarily released, such release shall immediately
be germinated, and it shall be the duty of the
person under sentence to return forthwith to the
service establishment.

(4) The period of temporary release shall not count
as part of the sentence served by the person under sentence.

(5) The cases and conditions under which a person
under sentence may be temporarily released from a civil
prison shall be those laid down by law for civil prisons.

(6) The cases and conditions under which a person
under sentence may be temporarily released from an
overseas establishment shall be those laid down in any
agreement with the authorities of the country or territory
concerned.

Remission and Duration of Sentences of Detention
16. (1) Subject to any of these Regulations which

provides for or authorises forfeiture of remission, a person
under sentence of detention shall be entitled to have part of
his sentence remitted as follows —

Remission of
sentence.

DEFENCE [CH.211 – 17


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(a) if his sentence does not exceed 24 days — no
remission;

(b) if his sentence exceeds 24 days but does not
exceed 28 days — period equal to the number of
days by which the sentence exceeds 24 days;
and

(c) if his sentence exceeds 28 days — one third of
he period of less sentence, except where this
would result in the person under sentence
serving less than 24 days, when the period of
remission will be such as to require him to serve
24 days.

(2) For the purpose of calculating remission
according to paragraph (1) of this regulation, fractions of a
day shall be ignored.

17. (1) Commander Defence Force, or an officer
authorised by him, shall maintain a record of the remission
to which a person is entitled under regulation 16, and of
any remission forfeited under any of these Regulations.

(2) Commander Defence Force, or an officer
authorised by him, shall verify the records maintained
under this regulation at frequent intervals.

(3) The records maintained under this regulation
shall be made available to a board of inspectors, the officer
in charge and any authorised officer to whom the officer in
charge has delegated jurisdiction under these Regulations,
on each occasion when a person under sentence has been
tried on a charge for an offence against these Regulations.

18. One day’s remission of the sentence in unit
detention quarters shall be forfeited for each period of two
days and every odd day on which the person under
sentence is unable to do the work or training which he
would normally be required to do because —

(a) his sickness was caused by his own misconduct;
or

(b) he was undergoing a sentence of a civil court; or
(c) he was in the lawful custody of any civil

authority.
19. Remission which has been forfeited under these

Regulations may be restored by order of —
(a) a reviewing authority;
(b) the reconsidering authority;
(c) the officer in charge with the approval of the

reviewing or reconsidering authority.

Records of
Remission.

Automatic
forfeiture of
remission.

Restoration of
forfeitured
remission.

CH.211 – 18] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

20. (1) If a person under sentence of detention in
unit detention quarters (referred to in this regulation as “the
first sentence”) is awarded a further sentence of detention
(referred to in this regulation as “the second sentence”), the
remission to which he is entitled shall be calculated as
follows.

(a) where the two sentences are to run consecutively,
he shall serve the first sentence (less any
remission to which he is entitled on that sentence)
and a new record of remission shall be calculated
under regulation 16 in respect of the second
sentence and applied to it;

(b) where the two sentences are to run concurrently,
a new record of remission shall be prepared in
accordance with regulation 16, the earliest
possible release dates for each sentence shall be
compared and the person under sentence shall be
released on whichever is the later date.

(2) In calculating remission for the first sentence
under regulation 20(1)(b), a proportional allowance for
remission shall be made for that part of the first sentence
which was completed before the passing or award of the
second sentence; this allowance shall be added to the
remission calculated for the second sentence; but if a
person under sentence forfeits any remission under these
Regulations between the passing by a court-martial of the
second sentence and its subsequent promulgation, such
forfeiture shall be deducted from the allowance for
remission made for the first sentence.

(3) Any reference in this regulation to the date on
which a sentence is passed by a court-martial shall include
the date on which the Court of Appeal dismisses an
application for leave to appeal where the court makes a
direction under section 141 of the Act.

21. The rules for forfeiture and restoration of remis-
sion and for calculation of remission where subsequent
sentences are imposed shall be —

(a) in the case of a person under sentence in a civil
prison, those which are laid down by law for
persons undergoing sentence in civil prisons; and

(b) in the case of a person under sentence in an
overseas establishment, those which may be laid
down in any agreement with the authorities of
the country or territory concerned.

Effect on
remission of
subsequent
sentences.

Forfeiture and
restoration of
remission and
effect of
subsequent
sentences where
person under
sentence is in a
civil prison or
overseas
establishment.

DEFENCE [CH.211 – 19


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

22. For the purposes of the proviso to section 117(1)
of the Act, the following shall be the authorities specified
in these regulations —

(a) in the case of a person on whom a service
sentence of imprisonment or detention was
passed by a court-martial, the reviewing author-
ity or the reconsidering authority; and

(b) in the case of a person to whom a service
sentence of imprisonment or detention has been
awarded by his commanding officer, that officer.

PART III
UNIT DETENTION QUARTERS

23. The provisions of this Part apply to persons
under sentence in unit detention quarters.

Control and Inspection
24. All unit detention quarters shall be under the

control of the Minister.
25. The Minister may appoint a board of inspectors

of unit detention quarters, hereinafter called “the board”,
consisting of two or more persons of whom one shall be an
officer of the Defence Force not below the rank of
lieutenant-commander and another shall be a civilian of
equivalent status.

26. It shall be the duty of the board to inspect unit
detention quarters at least once every three months and
report to the Minister therein at least once in every year.

27. The board shall —
(a) enquire into any matter into which the Minister

directs them to enquire or into any alleged
abuses or shortcomings which may come to their
notice;

(b) report the results of their inspections to the
Minister as required by him and not less than
once each year; and

(c) record each visit made by them to unit detention
quarters in a journal kept by the officer in charge
for that purpose, and they may note in the
journal any observations they wish to make.

Duration of
sentences of
persons who
escape

Scope of this
part.

Control of unit
detention
quarters.
Inspectors of unit
detention
quarters.

Inspection of unit
detention
quarters.

General duties of
the board.

CH.211 – 20] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

28. (1) On an inspection, the board shall satisfy
themselves as to the state of the premises of the unit
detention quarters, its staff and administration.

(2) Without affecting the generality of paragraph (1)
of this regulation, a board shall in particular on each
inspection —

(a) see all persons under sentence and hear, in
private if the board think fit, any complaints or
requests which any such persons may wish to
make to them;

(b) inspect the food prepared and provided for the
persons under sentence; and

(c) inspect such of the service form and books
maintained in connection with these Regulations
as they think fit.

29. (1) Except under the conditions of paragraph (4)
of this regulation, on each visit the board shall see all the
persons under sentence either on parade or in their rooms,
but persons in close confinement shall be seen in their
rooms.

(2) Except under the conditions of paragraph (4) of
this regulation, the board shall ask persons under sentence
if they have any complaint to bring to their notice; and this
question is to be asked by the board, not by any member of
the staff on their behalf, the question is not to be qualified
in any way nor is the person’s right to complain to be made
subject to any conditions.

(3) A person under sentence who wishes to
complain shall be asked by the board whether he wishes to
make his complaint there and then or to see them privately,
and if the person wishes to make his complaint privately,
the officer in charge shall make a suitable room available
for the board; and if the officer in charge considers it
necessary, a member of the staff may be present to ensure
that there is no breach of discipline by the person but at the
discretion of the board, that member of the staff is to
remain within sight but out of hearing.

(4) The board are to satisfy themselves that they have
seen all the persons under sentence in the unit detention
quarters, except any who they are specifically requested not
to see on medical grounds on the advice of a medical
practitioner.

Duties of board
as to unit
detention
quarters.

Duties of board
as regards
persons under
sentence.

DEFENCE [CH.211 – 21


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

30. (1) The board are to make full enquires into any
complaint made to them, and the officer in charge shall
place at their disposal any witness or evidence required.

(2) After completing their enquires the board shall —
(a) if in their opinion the complaint was not

justified, inform the person under sentence
accordingly; or

(b) if in their opinion the complaint was justified,
inform the person under sentence of his rights
under section 168 of the Act.

(3) The board are not under any circumstances to
offer any redress to the person under sentence.

(4) After each visit the board are to make a report to
the officer in charge, including a full report of every
complaint made to them and their subsequent enquiries.

Treatment, Employment, Discipline and Control of
Persons Under Sentence

31. The aim of the training and treatment of persons
under sentence is to fit them, and to give them the will, to
become more efficient members of the Defence Force and
to be better citizens.

32. (1) Corporal punishment is not to be inflicted on
persons under sentence.

(2) Force is not to be used unnecessarily in the
treatment of a person under sentence, but if the use of force
is necessary only the minimum shall be used.

33. The following procedure is to be adopted when a
person under sentence is admitted —

(a) the order or warrant of committal shall be
examined carefully and the attention of the
officer in charge drawn to any omission or
irregularity;

(b) except for the amount of clothing and those
articles which a person under sentence is
authorised to have in his possession, his equip-
ment and any other article which arrives with the
person on admission shall be taken from him,
whether they are his own property or not.

Enquiries by
board into
complaints.

The aim of the
training and
treatment.

Corporal
punishment and
the use of force.

Admission to
unit detention
quarters.

CH.211 – 22] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) removal of property shall be dealt with as
follows —

(i) private property of the person, including
money, shall be retained in safe custody
by the officer in charge, and a record of
such property shall be made and signed by
the person concerned and a member of the
staff of the unit;

(ii) a person’s property (other than perishable
articles) shall be returned to him on his
release provided he signs a receipt acknowl-
edging its return;

(iii) perishable articles are to be disposed of at
the discretion of the officer in charge who
will take into account the person’s wishes
where practicable;

(iv) any other property which is held in safe
custody on behalf of a person under
sentence may be sent, with the officer in
charge’s consent, to a relative or friend of
that person;

(d) the person under sentence shall be searched in
accordance with these Regulations to ensure that
he does not retain any unauthorised articles;

(e) the person under sentence shall be weighed and
his weight recorded;

(f) the person under sentence shall be medically
examined by a medical practitioner within
twenty-four hours of his admission:

Provided that —
(i) this period may be extended to forty-eight

hours where the person has been medically
examined and certified as fit to undergo
sentence on the day of his admission or the
day before; and

(ii) in computing such periods of hours,
Saturdays, Sundays and public holidays shall
be excluded;

(g) if a person under sentence so requests, the
Chaplain to the Defence Force or another
minister of religion shall be informed of his
admission as soon as is practicable;

DEFENCE [CH.211 – 23


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(h) within twenty-four hours of admission the
officer in charge or a member of the staff of the
unit shall ensure that the person under sentence
has read the form set out in the Second
Schedule.

34. (1) No room shall be used for the confinement
of persons under sentence unless it is certified by the
Medical Officer to the Defence Force that its size, lighting,
heating, ventilation and fittings are adequate for health, and
that it allows the person under sentence to communicate
with a member of the guard at any time and where a room
is used to confine more than one person under sentence, the
certificate is to state the maximum number of persons
under sentence who may be confined there.

(2) Every person under sentence shall be provided
with separate bedding and, where circumstances permit,
with a separate bed.

35. The daily routine of persons under sentence
shall be laid down by the officer in charge in accordance
with any instructions which may be issued from time to
time by the Minister and subject to the provisions of these
Regulations where they refer to the number of hours of
work or training which may be done by persons under
sentence.

36. (1) Except under paragraph (2) of this regulation
and regulation 37, throughout his sentence a person shall
carry out work or training for not more then nine hours
each day and not less than six hours (excluding times for
meal); but he shall not carry out work or training if he has
been examined by a medical practitioner and certified as
unfit for such work or training.

(2) A person under sentence shall not be required to
carry out work or training at any time when he is —

(a) in close confinement;
(b) excused work or training on medical grounds on

the advice of a medical practitioner; or
(c) excused work by the officer in charge or is

engaged in some other activity authorised by
these Regulations.

37. (1) On Sundays and public holidays a person
under sentence shall not carry out work or training except
work which is necessary for the service of the unit.

Accommodation
of persons under
sentence.

Daily routine of
persons under
sentence.

Work and
training of
persons under
sentence

Sundays and
public holidays.

CH.211 – 24] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) A person under sentence whose Sabbath falls on
a day other than a Sunday shall not be required to carry out
any more work or training on that day than other persons
would be required to do on a Sunday; but he may be
required to do work or training on Sundays.

38. (1) A person under sentence in a service establish-
ment shall carry out work or training in association with other
persons under sentence, except when it appears to the officer
in charge that it is desirable in the interests of the person
under sentence or for the maintenance of good order and
discipline, for a person not to work in association with others;
and in that case he may arrange for that person to work apart
from other persons for a period of not more than seven days
or, if authorised by a board of inspectors, a period of not more
than fourteen days.

(2) In deciding when a person under sentence
should work apart from others or should rejoin them, the
officer in charge shall take into consideration any advice he
may be given by a medical practitioner.

39. A person under sentence shall not be employed
directly or indirectly for the private benefit or advantage of
any person, nor in any way contrary to these Regulations or
the orders of the officer in charge.

40. (1) A person under sentence shall be entitled to
such reimbursement allowance as the Minister may from
time to time specify and he shall be entitled’ to purchase
cigarettes, tobacco, chocolates, writing materials, postage
stamps and other articles of a retail value within his
reimbursement allowance at the discretion of the officer in
charge.

(2) On release from custody at the end of his
sentence a person shall repay amounts advanced to him
under paragraph (1) and the amount repayable shall be a
public claim.

41. The food provided for persons under sentence
shall be of a nutritional value adequate for health and
strength, of wholesome quality, well prepared and served
and reasonably varied.

Work in
association

Unauthorised
work.

Reimbursement
allowance.

Rations for
persons under
sentence.

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42. A person under sentence shall be authorised to
smoke and have in his possession cigarettes or tobacco at
such times as the officer in charge may decide.

43. (1) A person under sentence shall be permitted
to write and send any number of letters subject to the
provisions of regulation 45 and writing materials and
postage stamps shall be purchased by the person using the
reimbursement allowance authorised by the Minister.

(2) A person under sentence may receive —
(a) any number of letters; and
(b) newspapers, periodicals and journals at the

discretion of the officer in charge.
44. (1) A parcel addressed to a person under

sentence shall be opened and examined by or under the
authority of the officer in charge in the presence of the
person to whom it is addressed; any article which the
person under sentence is not authorised to receive or have
in his possession shall be retained in safe-keeping by the
officer in charge and handed to the person on his release
and any perishable articles may be disposed of in
accordance with the direction of the officer in charge by
returning them to the sender or otherwise.

(2) A person under sentence is prohibited from
receiving any articles save that the consent of the officer in
charge he may receive books, newspapers and any other
article.

45. (1) The provisions of this regulation shall be
subject to those of regulations 52(2)(d).

(2) The officer in charge or any officer authorised
by him may scrutinise letters written by or addressed to a
person under sentence.

(3) The officer in charge may withhold from a
person under sentence the whole or part of a letter
addressed to that person, but he shall communicate to that
person any part of the letter which is not objectionable.

(4) The officer in charge may withhold a letter
written by a person under sentence, in which case he shall
give such person an opportunity to write another letter in
its place not containing the material to which the officer in
charge objects; and if any letter contains a complaint
relating to the unit detention quarters or to the treatment


Letters.

Smoking by
persons under
sentence.

Parcels.

Censorship.

CH.211 – 26] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

of a person under sentence there, the officer in charge shall
withhold the letter unless the complaint had previously
been made and investigated under regulation 54.

(5) A letter written by a person under sentence to
his Member of Parliament may not be withheld by the
officer in charge unless it contains matters relating to the
security of the unit in which case it is to be referred to
higher authority.

(6) In every case where the officer in charge
withholds a letter written by or addressed to a person under
sentence, he shall record the fact and his reasons for so
doing in the journal.

46. (1) A person under sentence may receive visits
from his relatives and friends at the discretion of the officer
in charge and such visits shall take place at the times and
places decided upon by the officer in charge.

(2) Any visit authorised under this regulation shall
be within the sight and hearing of the officer in charge or a
member of the guard.

47. (1) The officer in charge shall provide reasonable
facilities for a person under sentence who is interested in legal
proceedings, or proposed legal proceedings, to be visited by
his legal adviser, and at the discretion of the officer in charge
a person under sentence may also be visited by his legal
adviser in connection with other legal business.

(2) Any visit authorised under this regulation shall be
within the sight, but not within the hearing, of the officer in
charge or a member of the guard.

48. (1) The officer in charge may permit a person
under sentence to be visited by a police officer or by any
officer or other person whose duty it is to investigate the
commission, or suspected commission, of an offence.

(2) The officer in charge shall permit any person to
visit a person under sentence if the visitor is authorised to
visit him by a warrant or an order of a court.

49. (1) The officer in charge shall ensure that every
person under sentence shall be seen by a medical
practitioner at least once every day on the occasions when
he is —

Visits by relatives
and friends.

Visits by legal
advisers.

Visits for the
purposes of
investigating
offences.

Medical
attention.

DEFENCE [CH.211 – 27


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(a) in close confinement; or
(b) subject to any form of mechanical restraint; or
(c) sick or complains of sickness.
(2) Such medical practitioner shall also see daily

every person under sentence to whom his attention is
specially directed by the officer in charge.

50. The Medical Officer to the Defence Force shall
have the care of the mental and physical health of the
persons under sentence and the officer in charge shall act
in accordance with his advice in these matters unless to do
so would be contrary to any Act or these Regulations, or
the officer in charge of the medical services of the district
in which the unit is situated directs otherwise.

51. A person under sentence —
(i) who has appealed or desires to appeal to the

Court of Appeal against his conviction, or
(ii) whose conviction is the subject of an appeal, or

of an application for leave to appeal from the
decision of that court to the Judicial Committee
of the Privy Council,

may be taken to, kept in custody at, or brought back from
any place at which he is entitled or ordered by that court or
a judge thereof or by the Privy Council to be present for
the purposes of any proceedings of that court or that
Council as follows —

(a) he may be taken to, kept in custody at and
brought back from any such place as is stated
above in service custody;

(b) he may be kept in custody at any such place as is
stated above in such manner as may be directed
by the said court or a judge thereof or the said
Council or in the absence of any such direction
in —

(i) service custody, or
(ii) a civil prison, or
(iii) a police station:

Provided that he shall not be kept in a
police station for periods exceeding seven
days at any one time.

Functions of the
Medical Officer
to the Defence
Force.

Appeals.

CH.211 – 28] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

52. (1) The officer in charge shall bring to the notice
of persons under sentence their right to petition or appeal.

(2) The officer in charge shall permit a person under
sentence who intends to petition or appeal, or whose appeal
is pending, for the purposes of that petition or appeal to —

(a) receive visitors;
(b) be provided with reasonable quantities of writing

materials;
(c) write and receive letters;
(d) prepare and hand personally or send by post to

his legal advisor confidential written commu-
nications as instructions in connection with his
petition or appeal, and any such confidential
written communication shall be exempt from
censorship unless the officer in charge has
reason to believe that it contains material
unrelated to the purposes of the petition or
appeal, when it may be subject to censorship
under these Regulations.

(3) For the purposes of a petition or appeal a person
under sentence may receive a visit from a medical advisor,
being a medical practitioner, selected by him, or by his
relatives or friends on his behalf.

(4) Despite the fact that a person under sentence
intends to apply or has applied for leave to appeal against
his conviction by court-martial, he shall, subject to any
direction to the contrary made by the Court of Appeal or a
judge, continue to serve his sentence and to be subject to
these Regulations pending the determination or abandon-
ment of his appeal.

53. (1) A person under sentence who considers
himself wronged in any manner may complain to the
officer in charge or to the board of inspectors.

(2) The officer in charge shall investigate any
complaint made to him under this regulation and he shall
take any steps he considers necessary for redressing the
matter.

(3) If the person under sentence considers he has not
received the redress to which he considers himself entitled,
he may exercise his rights under section 168 of the Act.

Facilities for
persons under
sentence who
wish to petition
or appeal

Complaints.

DEFENCE [CH.211 – 29


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

54. (1) On admission a person under sentence shall
be searched in accordance with regulation 55.

(2) The officer in charge may order that a person
under sentence shall be searched at any time while serving
his sentence.

55. For the searching of any person in accordance
with these Regulations, the following conditions shall
apply —

(a) every search shall be carried out in the presence
of at least two members of the guard;

(b) no person shall be present except those necessary
to carry out the search and, in particular, no
person under sentence shall be present at the
search of any person under sentence; and

(c) no person shall be searched by or in the presence
of a person of the opposite sex other than a
medical practitioner.

56. (1) Any person subject to service law who
discovers that a person under sentence has escaped shall
immediately report the fact to the officer in charge.

(2) If a person under sentence escapes, the officer in
charge shall immediately inform —

(i) Police Headquarters, Nassau; and
(ii) Commander Defence Force.
57. (1) If a person under sentence dies, the officer in

charge shall immediately report the fact to —
(a) the Coroner having jurisdiction in the place of

death;
(b) Police Headquarters, Nassau; and
(c) Commander Defence Force.
(2) Nothing in this regulation shall affect the duty of

the officer in charge, or higher authority, to record or
report the death to meet the requirements of any other
rules, regulations or instructions.

58. A person under sentence commits an offence
against these Regulations if he —

(1) treats with disrespect any member of the staff of
unit detention quarters, any visitor to it or any
person employed in it;

Searching
persons under
sentence.

Method of
searching.

Escapes.

Deaths in unit
detention
quarters.

Offences against
discipline by
persons under
sentence.

CH.211 – 30] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) is lazy, negligent or careless;
(3) uses any abusive, insolent, threatening or

improper language;
(4) is indecent in any act or gesture;
(5) leaves his room or place of work or other

appointed place without permission;
(6) has in his room or possession any unauthorised

article or attempts to obtain any such article;
(7) gives to or receives from any person any

unauthorised articles;
(8) makes repeated and groundless complaints;
(9) fails to observe or comply with the conditions as

to temporary release, or
(10) attempts to commit any of the offences in sub-

paragraphs (5) and (7) of this regulation.
59. (1) The commanding officer of a person under

sentence may award one or more of the punishments set
out in paragraph (2) of this regulation to a person under
sentence who has been found by his commanding officer to
have committed an offence against these Regulations.

(2) The punishments referred to in paragraph (1) of
this regulation are:

(a) close confinement for a period not exceeding
three days;

(b) deprivaton of mattress for a period not
exceeding three days;

(c) forfeiture of remission of sentence for a period
not exceeding fourteen days;

(d) forfeiture of reimbursement allowance for a
period not exceeding fourteen days;

(e) extra training; and
(f) admonishment.
60. Where unit detention quarters have been

designated as a sub-unit by Commander Defence Force and
the commanding officer of the unit to which those quarters
belong has delegated to the officer commanding that sub-
unit the power to investigate, deal summarily with and
dismiss charges, the officer commanding that sub-unit may
award one or more of the following maximum punish-
ments to a person under sentence who has been found by


Punishments
which may be
awarded for
offences against
these
Regulations.

Punishments
which may be
awarded by an
authorised
officer.

DEFENCE [CH.211 – 31


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

that officer to have committed an offence against these
Regulations —

(a) forfeiture of remission of sentence for a period
not exceeding three days;

(b) extra training not exceeding three periods of
forty-five minutes each; and

(c) admonishment.
61. The procedure to be adopted when offences

against these Regulations are dealt with shall be that laid
down in Defence Rules of Procedure (Part I), with such
modifications as may be necessary.

62. (1) No person under sentence shall be placed in
close confinement unless he has been certified by a
medical practitioner as fit to undergo that punishment.

(2) A person under sentence in close confinement
shall not be permitted to attend Divine Service.

(3) A person under sentence in close confinement shall
not be permitted any exercise except on the recommendation
of a medical practitioner.

(4) A person under sentence who is in close
confinement shall not be deprived of his room furniture or
books nor be subjected to any form of discipline which has
not been lawfully ordered.

(5) A person under sentence who is in close
confinement shall be visited at least once every day by an
officer and in addition, he shall be visited at least once
every three hours by a member of the guard.

63. (1) Persons under sentence may be put under
mechanical restraint in the circumstances and under the
conditions authorised by these Regulations.

(2) A person under sentence may be placed in
handcuff’s for the purpose of safe custody during removal
from one place or establishment to another.

(3) A person under sentence shall not be subjected
to any form of mechanical restraint as a punishment.

64. (1) If the officer in charge considers that a
person under sentence ought to be placed under mechanical
restraint to prevent him from injuring himself or others,
damaging property or creating a disturbance, he may issue
a written order that mechanical restraint is to be applied to


Procedure where
offences against
regulations are
dealt with.

Close
confinement.

Mechanical
restraint.

Authorisation of
mechanical
restraint.

CH.211 – 32] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

the person under sentence; such an order shall be in the
form provided for by Part I of the Third Schedule and shall
specify the date and hour when the restraint is to be applied
and the period, not exceeding twenty-four hours, during
which it is to be applied; and immediately after making the
order the officer in charge shall notify Commander
Defence Force and the Medical Officer to the Defence-
Force that he has made such an order and the terms it
contains.

(2) On receiving such notification the Medical
Officer to the Defence Forces shall examine the person
under sentence and inform the officer in charge if he
considers that there is any objection on medical grounds to
the application of mechanical restraint which has been
ordered; and if such an objection is made, the officer in
charge shall revoke or modify the order in accordance with
the recommendations of the said medical officer.

(3) The officer in charge shall ensure that a person
under sentence is not kept under mechanical restraint
longer than necessary and in any case for any period
exceeding twenty-four hours, but Commander Defence
Force may order that such period of mechanical restraint be
extended for a further period or periods, each such period
not to exceed forty-eight hours and to be the subject of a
separate order in writing.

(4) No type of mechanical restraint is to be used
except one authorised by these Regulations.

(5) Whenever mechanical restraint is applied or
removed an officer shall be present and the name of the
officer present on each occasion shall be recorded in a
form completed in accordance with Part II or Part III of the
Third Schedule.

65. (1) The articles referred to in sub-paragraphs (a),
(b) and (c) of this regulation, which shall conform with
patterns approved by the Minister, may be used as
instruments for mechanical restraint —

(a) handcuffs-swivel or curb chain, not exceeding
for the pair 22 ounces in weight;

(b) strait waistcoat-stout white duck lined with
swansdown, fastened at the back by lacing with
strong webbing tapes through eleven eyelets on
each side, the sleeves to cover the entire arms and


Third Schedule.

Third Schedule.
Type of
mechanical
restraint.

DEFENCE [CH.211 – 33


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

hands and to be secured by strong webbing tapes
laced through three eyelets on each side of the
cuffs, the upper parts of the arms to be tied
round with three sets of strong webbing tapes
sewn into the back of the sleeves;

(c) body belt-double leather sewn together, fastened
by a lock at the waist, with steel wristlets at
equal distances at the sides into which the wrists
may be locked, the whole belt not to exceed 4
lbs in weight.

66. The officer in charge who orders the use of
handcuffs on a person under sentence, shall state in the
written order authorising their use whether they are to be
placed with the hands to the front or to the rear of the body
and when handcuffs are placed to the rear of the body, they
shall be moved to the front during meals and for sleeping.

67. (1) The strait waistcoat shall not be used except
under the direction of a medical practitioner, it may only be
used when restraint is necessary to prevent a person under
sentence from injuring himself or others, or from damaging
clothing or other articles.

(2) A medical practitioner shall visit each person
restrained in a strait waistcoat at least once in every
twenty-four hours and more often if he considers it
necessary and he shall record in the journal all such visits,
the period of restraint and the reason for its application.

(3) The officer in charge shall visit every person
restrained in a strait waistcoat at least once in every
twenty-four hours.

(4) A strait waistcoat shall never be applied for
more than twenty-four hours consecutively and, if at the
end of that period the medical practitioner considers that
the use of the strait waistcoat is still necessary, he shall
order it for a further period, but the restraint shall not be
applied until the person under sentence has been free of
any form of restraint for at least one hour.

(5) The medical practitioner shall inform the officer
in charge in writing when the restraint is discontinued and
when making a further order under paragraph (4) of this
regulation.

Use of handcuffs.

Use of a strait
waistcoat.

CH.211 – 34] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

68. (1) The body belt may only be used for
restraining a person under sentence who is of violent
conduct and for whom no other means of restraint is
appropriate.

(2) Subject to paragraph (1) of this regulation, the
provisions of regulation 67 as to the use of a strait
waistcoat shall apply to the use of a body belt.

69. Persons under sentence shall be segregated from
any persons confined awaiting trial by court-martial,
disposal by a commanding officer, or awaiting
promulgation of sentence.

70. As far as practicable the officer in charge shall
make available for the use of every person under sentence
such books of religious observation or instruction as are
recognised for the use of his domination and are approved
by the Minister.

71. The officer in charge shall afford facilities to
ministers of religion to have access to persons under
sentence at times approved by him for the purpose of
visiting or giving them religious instruction.

Other Rules and Offences relating to Unit
Detention Quarters

72. Without the authority of the officer in charge, no
person shall bring or attempt to bring into unit detention
quarters or to any person under sentence any spirituous or
fermented liquor or any tobacco; no person shall place such
liquor or tobacco outside such quarters with intent for it to
come into the possession of a person under sentence, and
no person shall allow any such liquor or tobacco to be sold
or used there.

73. No person shall without lawful authority convey
or attempt to convey any letter or other thing into or out of
unit detention quarters or to a person under sentence and
no person shall place such an article anywhere outside such
quarters with intent that it shall come into the possession of
a person under sentence.

Use of the body
belt.

Segregation.

Books of
religious
instructions.

Ministers of
religion.

Unlawful
conveyance of
spirits or
tobacco.

Unlawful
introduction of
other articles.

DEFENCE [CH.211 – 35


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

74. (1) No unauthorised person shall enter unit
detention quarters, make any sketch or recording, take any
photograph, or communicate with any person in it under
sentence, no such person shall remain in such quarters after
being requested to leave by the officer in charge or other
person acting on his authority; and in deciding whether to
grant permission, grant permission subject to certain
conditions, or refuse permission to enter such quarters, the
officer in charge shall have regard to the orders of any
court of competent jurisdiction, the provisions of these
Regulations and the directions or instructions of any higher
service authority.

(2) The officer in charge may grant permission to
any person to enter unit detention quarters subject to any
conditions and he may make it a condition of granting
permission to a person to enter or do anything within such
quarters that such person agrees to be examined or
searched if so required.

(3) The officer in charge may order the removal
from unit detention quarters of any person who, without
authority, enters those quarters, makes any sketch or
recording, takes any photographs, refuses to be examined
or searched or fails to comply with any condition imposed
by an officer in charge under this regulation.

(4) If any person subject to service law suspects that
any visitor or other person has committed an offence
against these Regulations or of being in improper
possession of any property used or intended for use in unit
detention quarters, he shall stop that person and
immediately inform the officer in charge who may, if he
thinks fit, order that person to be examined and searched.

Admission of
visitors and
others.

CH.211 – 36] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FIRST SCHEDULE (Regulation 12)
PART I

FORM 1
ORDER FOR THE COMMITTAL OF A PERSON UNDER

SENTENCE TO UNIT DETENTION QUARTERS

TO the officer in charge of unit detention quarters at
1...................................................................

WHEREAS Pay No ................................ Rank ...........................
Name.......................................... Unit...........................................
was on the............................day of.................................19.... awarded
detention for a period of..................days by/his commanding
officer/by court-martial/ 2 for the offence(s) of .....................................
...................................................................................................................
NOW, therefore, in pursuance of the Defence Act, I hereby
order you to receive the said person into your custody and
retain him to undergo his sentence according to law, for which
this shall be your warrant.
Signed this .................. day of .................................... 19 ...........
Signature:.................................................................................... 3
Rank and Appointment ................................................................


FORM 2
ORDER FOR THE COMMITTAL TO A CIVIL PRISON OF A

PERSON SENTENCED TO IMPRISONMENT OR
DETENTION BY HIS COMMANDING OFFICER OF OR BY

A COURT-MARTIAL

To the Superintendent of ........................................................... 4
WHEREAS Pay No ................................ Rank ...........................
Name ........................................... Unit ........................................
was by/his commanding officer/court-martial/ 5 .........................



1 Insert the name of the unit.
2 Delete as appropriate.
3 This form must be signed by the commanding officer of the person under sentence.
4 Insert the name of the prison.
5 Delete as appropriate.

DEFENCE [CH.211 – 37


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



convicted of the offence(s) of ......................................................
........................................................................................................
.................................................................................................. 6
and on the ..................................... day of .......................... 19....
sentenced to/imprisonment/detention/ 7 for a term of ..................
commencing on that day/and the sentence having been duly
confirmed in accordance with the Defence Act, 8 .......................
........................................................................................................
............................................................................................. 9, 10
NOW, therefore, in pursuance of the Defence Act, I hereby
order you to receive the said person into your custody and retain
him to undergo his sentence according to law, for which this
shall be your warrant.
Signed this .......................... day of ................................ 19 .......
Signature .................................................................................. 11
Rank and Appointment: ...............................................................



FORM 3
ORDER FOR COMMITTAL OF A PERSON SENTENCED TO
IMPRISONMENT OR DETENTION BY COURT-MARTIAL
HELD OUTSIDE THE BAHAMAS WHERE PART OF THE

SENTENCE IS TO BE SERVED IN AN OVERSEAS
ESTABLISHMENT

WHEREAS Pay No .........................… Rank ……......................
Name ........................................ Unit ...................……................
was by a court-martial held at .......………...................................
convicted of the offence(s) of .............................................
.....................................................................................…….... (a)
and by a sentence passed on ............ day of .............. 19 ....
sentenced ......................... to ................……...... /imprisonment/
detention/(b) for a term of .............................…….......................




6 Here set out the statement of the offence, or the statement of offences if more than

one, with the relevant section or sections of the Defence Act.
7 Delete as appropriate.
8 Delete as appropriate.
9 If any part of the sentence was remitted on confirmation, insert “with a remission

of.................................................................”
10 Where the sentence was commuted on confirmation, insert, eg. “to undergo

imprisonment for a term of, ........................................................ which sentence has been
duly confirmed in accordance with the Defence Act, but has been commuted to sentence
of detention for.......................................................................”

11 The committal form must be signed by Commander Defence Force, or an officer
authorised by him, in court-martial cases, otherwise by the commanding officer of the
person under sentence.

CH.211 – 38] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



commencing on that day, and the sentence having been duly
confirmed in accordance with provisions of the Defence
Act,..............
AND WHEREAS the/confirming authority/reviewing authority
(b) has, under section 120 of the Defence Act, directed that the
said person shall not be removed to The Bahamas until he has
served ............. years ............. and ............. days of his
sentence;
NOW, therefore, in pursuance of the Defence Act, I hereby Order
the Governor or other person in charge of ......................... 12 to
receive the said person into his custody and retain him to undergo
........................................... years and ........................................ days of
his sentence according to law;
AND I do further order that the said person shall after
completion of the said part of his sentence, or at such earlier
date as may be ordered, be transferred to The Bahamas to
undergo the remainder of his sentence according to law in such
civil prison 13 as may be appointed on his arrival in The
Bahamas; 14
AND WHEREAS in accordance with section 120 of the
Defence Act, the said person is required to be removed to The
Bahamas as soon as practicable after the confirmation of the
sentence:15
Signed this ....................... day of ........…….................... 19 ......
Signature:.......................................................……................... 16
Rank and Appointment: ........................................……...............


FORM 4
ORDER FOR THE REMOVAL FROM THE BAHAMAS OF A

PERSON UNDER SENTENCE THERE
TO the Superintendent or officer in charge of ......................... 17
WHEREAS Pay No ........................ Rank ...................................
Name ................................. Unit ..................................................
is now in your custody undergoing a service sentence
of/imprisonment/detention/ 18;


12 Insert the name of the overseas establishment.
13 Insert the name of the civil prison in The Bahamas where the person is to serve his

sentence.
14 These paragraphs must be used only where a part of the sentence is to be served

overseas.
15 These paragraphs must be used in the normal cases where the person under

sentence is to be returned to The Bahamas as soon as is practicable.
16 This form must be signed by Commander Defence Force or an officer authorised to

act on his behalf.
17 Insert the name and address of the prison or unit detention quarters.
18 Delete as appropriate.

DEFENCE [CH.211 – 39


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



AND WHEREAS the confirming authority/reviewing
authority/reconsidering authority 19(b) has ordered that the said
person to be removed from The Bahamas to ...............................
.....................................................................................................20
being the place where/part of/ 21(b) the unit to which he for the time
being belongs is/serving/under orders to serve/ 22; ...............
......................................................................................................
NOW, therefore, in pursuance of the Defence Act, I hereby
order you to deliver up the said person to the officer, warrant
officer or marine producing this Order;........................................
And I do further order that the said person be transferred to
............................................. 23 in service custody to undergo/the
remainder of/ 24 his sentence according to law in such overseas
establishment as may be appointed on his arrival.
And I do further order that the Governor or other person in
charge of the establishment to which the said person is brought
an his arrival in ............................................................................
.......................................................................................... 25 shall
receive him into his custody and retain him to undergo/the
remainder of/ 26(b) his sentence according to law, for which this
shall be sufficient warrant.
And I do further order that the said person shall be conveyed in
service custody and detained in service custody so far as appears
necessary for effecting his transfer.
Signed this................................. day of ..................... 19 ...........
Signature: ................................................................................. 27
Rank and Appointment: ...............................................................




19 Delete as appropriate.
20 Insert the name of the place where the person is to be removed.
21 Delete as appropriate.
22 Delete as appropriate.
23 Insert the name of the place where the person is to be removed.
24 Delete as appropriate.
25 Insert the name of the place where the person is to be removed.
26 Delete as appropriate.
27 This form must be signed by Commander Defence Force or any officer authorised

to act on his behalf.

CH.211 – 40] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM 5
ORDER FOR THE TRANSFER OF A PERSON UNDER

SENTENCE FROM ONE PRISON OR ESTABLISHMENT
TO ANOTHER

TO the Governor, Superintendent, officer in charge or other
person in charge of ................................................................... 28
WHEREAS Pay No ............................ Rank ...............................
Name .................................... Unit ...............................................
is now in your custody undergoing a service sentence
of/imprisonment/detention/ 29; .....................................................
......................................................................................................
NOW, therefore, in pursuance of the Defence Act, I hereby
order you to deliver up the said person to the officer, warrant
officer or marine producing this Order;........................................
And I do further order that the said person shall be transferred in
service custody to .......................... 30 and that the Governor,
Superintendent, officer in charge or other person in charge thereof
shall receive him into his custody and retain him to undergo his
sentence according to law, for which this shall be sufficient warrant.
And I do further order that the said person shall be conveyed in
service custody and detained in service custody so far as
appears necessary for effecting his transfer.
Signed this .................. day of ................................ 19 ...............
Signature:......................................................................................
Rank and Appointment: 31 ...........................................................



28 Insert the name and address of the prison or other establishment when; the person

concerned is undergoing sentence.
29 Delete as necessary.
30 Insert the name and address of the prison or other establishment to which the

person is to be transferred.
31 This form may be signed by the commanding officer if the person is in unit

detention quarters, otherwise by Commander Defence Force or an officer authorised to
act on his behalf.

DEFENCE [CH.211 – 41


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

FORM 6
ORDER FOR THE TEMPORARY REMOVAL IN CUSTODY
OF A PERSON UNDER SENTENCE IN UNIT DETENTION

QUARTERS

TO the officer in charge of ...................................................... 32.
WHEREAS Pay No ............................... Rank ............................
Name ..................................... Unit ..............................................
who is now in your custody undergoing a service sentence of
detention is required to be present at......................................... 33
on................................................................................... 34 for the
purpose of ............................................................................... 35;
NOW, therefore, in pursuance of the Defence Act, I hereby
order you to deliver the said person to the officer, warrant
officer or marine producing this Order;
And I do further order the said officer, warrant officer, or marine
and all the other officers, warrant officers and marines into
whose custody the said person may be delivered to keep him in
service custody and bring him to ......................................
......................36 for the said purpose and, thereafter, unless he is
released in due course of law, to return him to the above-named
detention quarters, or such other establishment as may be
ordered by proper service authority, for which this shall be
sufficient warrant.
Signed this ..................................... day of ....................... 19 ....
Signature .................................................................................. 37
Rank and Appointment ................................................................
If the establishment to which the person is to be returned is altered.
In pursuance of the Defence Act, I hereby order that the above-
named person shall be returned in service custody
to........................................ 38 there to undergo the remainder of
his sentence according to law;


32 Insert the name of the unit detention quarters where the person is serving his

sentence.
33 Insert the place where the person is required to attend.
34 Insert the date or dates of attendance.
35 Insert the purpose of the attendance, e.g. “to give evidence before a board of

inquiry into......................” or “to be present at the hearing by the Court of Appeal of his
appeal to that Court”.

36 Insert the place where the person is required to attend.
37 This form must be signed by the commanding officer. Where the person is under

sentence in a civil prison or overseas establishment, Form 7 should be used.
38 Insert the name and address of the prison or other establishment to which the

person is to be sent.

CH.211 – 42] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



And I do further order the Superintendent or other person in
charge of the said ................... 39 to receive the said person into
his custody and to retain him accordingly, for which this shall
be sufficient warrant.
Signed this ..................... day of ........................................ 19 ....
Signed: .........................................................................................
Rank and Appointment: ........................................................... 40


FORM 7
ORDER FOR THE TEMPORARY REMOVAL IN CUSTODY
OF A PERSON UNDERGOING A SERVICE SENTENCE OF

IMPRISONMENT OR DETENTION IN A CIVIL OR
OVERSEAS ESTABLISHMENT

TO ................................................................................................
WHEREAS Pay No .............................. Rank .............................
Name ..................................... Unit ..............................................
is now in my custody undergoing a sentence
of/imprisonment/detention/ 41 and is required to be present at............ 42
for the purpose of.................................................................................... 43;
NOW, therefore, in pursuance of the Defence Act, I hereby
order you and every other officer, warrant officer and marine
into whose custody the said person may be delivered, to keep
him in service custody and bring him to .................................. 44
on ........................ 45 for the said purpose, and thereafter, unless
he is released in due course of law, to return him to my custody
or to such other establishment as may be appointed by proper
service authority, for which this shall be sufficient warrant.
Signed this ................................. day of ......................... 19 ......
Signature: ..................................................................................46
Rank and Appointment or other description: ...............................


39 Insert the name and address of the prison or other establishment to which the

person is to be sent.
40 This form may be signed by the commanding officer of the person, or by the

Commander Defence Force or by an officer authorised to act on his behalf.
41 Delete as necessary.
42 Insert the place the person is required to attend.
43 Insert the purpose for attendance, eg. “to give evidence at a board of inquiry into

................” or “to be present at the hearing of his appeal by the Court of Appeal.”
44 Insert the place the person is required to attend.
45 Insert the date or dates of attendance.
46 This form is to be signed by the Superintendent or other person in charge of the

establishment or by another person authorised to act on his behalf.

DEFENCE [CH.211 – 43


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



If the establishment to which the person is to be returned is altered.
In pursuance of the Defence Act, I hereby order that the above-
named person shall be returned in service custody to
................................................................................................... 47
to undergo the remainder of his sentence according to law;
And I do further order the Superintendent or other person in
charge of the said ..................... 48 to receive the said person into
his custody and to retain him accordingly, for which this shall be
sufficient warrant.
Signed this .................... day of ......................................... 19 ....
Signature: ................................................................................. 49
Rank and Appointment: ...............................................................




FORM 8
ORDER FOR THE TEMPORARY COMMITTAL TO

CIVIL CUSTODY OF A PERSON UNDER SENTENCE IN
UNIT DETENTION QUARTERS

TO.............................................................................................. 50.
WHEREAS Pay no........................................ Rank......................
Name ............................................... Unit.....................................
is a person in service custody pursuant to a service sentence of
detention;
NOW, therefore, in pursuance of the Defence Act section
121(2), I hereby order you to keep the said 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, for
which this shall be your warrant.
Signed this ................... day of ................................... 19 ...........
Signature: .....................................................................................
Rank and Appointment: 51 ...........................................................
Notes




47 Insert the name and address of the place to which the person is to be returned.
48 Insert the name and address of the place to which the person is to be returned.
49 This form is to be signed by Commander Defence Force or an officer authorised to

act on his behalf.
50 Insert “the Superintendent...........................................................................................
Prison”, or “The Officer in charge of ............................................................................
Police Station” as the case may require.
51 This form must be signed by the commanding officer of the person under sentence.

CH.211 – 44] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM 9
ORDER FOR THE RETURN TO SERVICE CUSTODY OF

A PERSON UNDER SENTENCE WHO IS
TEMPORARILY DETAINED IN CIVIL CUSTODY

TO ........................................................................................... 52.
WHEREAS Pay No ........................... Rank ................................
Name .................................. Unit .................................................
is now in your custody pursuant to section 121(2) of the Defence
Act;
NOW, therefore, in pursuance of the said Act, I hereby order
you to deliver the said person into service custody to
the/officer/warrant officer/marine/ 53 producing this Order.
Signed this .................................. day of .......................... 19 .....
Signature: .....................................................................................
Rank and Appointment: 54 ...........................................................
Notes


PART II (Regulation 13)

FORM A
ORDER FOR THE RELEASE OF A PERSON UNDER

SENTENCE

TO the Governor, Superintendent, officer in charge or other
person in charge of ................................................................... 55
WHEREAS Pay No ............................. Rank ..............................
Name ........................................ Unit ...........................................
is now in your custody undergoing a sentence
of/imprisonment/detention/ 56 awarded by/his commanding
officer/court-martial/ 57;


52 Insert “The Superintendent ............................ Prison” or “The Officer in charge of

......................Police Station” as the case may require.
53 Delete as necessary.
54 This form must be signed by the commanding officer of the person under sentence.
55 Insert the name and address of the establishment.
56 Delete as necessary
57 Delete as necessary

DEFENCE [CH.211 – 45


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



NOW, therefore, in pursuance of the Defence Act, I hereby
order you to release the said person from custody.
Signed this ....................... day of ................................... 19 .......
Signature: .....................................................................................
Rank and Appointment: ........................................................... 58


SECOND SCHEDULE (Regulation 33)

NOTICE TO BE GIVEN TO PERSONS UNDER SENTENCE
WITHIN TWENTY-FOUR HOURS OF THEIR ADMISSION

Treatment of persons under sentence.
1. Admission. When you are admitted you will be searched

and any unauthorised property removed. Your private property
will be given back to you at the end of your sentence. You will
be seen by a doctor and you may ask for a minister of religion of
your choice to be told of your admission.

2 Work. You will be required to work up to nine hours a
day, unless medically unfit, in close confinement or excused by
the officer in charge. Sunday is a rest day, but you may have to
do some light work. Usually you will have to work with other
persons under sentence, but the officer in charge can sometimes
order you to work on your own.

3. Allowance. You will receive an allowance so that you can
buy cigarettes and tobacco, writing materials and stamps, and some
other items. This allowance must be repaid after your release.

4. Smoking. Smoking will be when permitted by the officer
in charge.

5. Letters. You may receive any number of letters. You
must have permission to receive anything else. Parcels sent to
you will be opened in your presence. Any unauthorised articles
will be removed and handed to you on your release. Letters may
be read, and in some cases withheld, by the officer in charge.

6. Visits. You may be visited by relatives, friends and
lawyers at times to be approved by the officer in charge.

7. Appeals. If you wish to appeal against your conviction or
sentence you should tell the officer in charge as soon as
possible. Time limits for appeal can be as short as fourteen days.
In connection with your appeal you will be allowed:


58 This form must be signed by the reviewing or reconsidering authority, or by

Commander Defence Force or an officer authorised to act on his behalf; or, in the case of
a person under sentence awarded by his commanding officer, his commanding officer.

CH.211 – 46] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) writing material;
(b) to write and receive letters;
(c) to receive visitors;
(d) to consult and write to your lawyers;
(e) to be visited by a doctor; and
(f) to attend any necessary court hearings.

8. Complaints. Complaints should he made to the officer in
charge or to the board of inspectors when they visit unit
detention quarters once every three months. The board will
advise you about your right of complaint under section 168 of
the Defence Act.

9. Searches. The officer in charge can order you to be
searched at any time.

10. Offences. Apart from normal disciplinary action under the
Defence Act, you can be punished for any of the following offences:
(a) treating with disrespect any member of the staff of unit

detention quarters, any visitor or person employed there;
(b) being lazy, negligent or careless;
(c) using abusive, insolent, threatening or improper language;
(d) being indecent in any act or gesture;
(e) leaving your room or place of work or other appointed

place without permission;
(f) having in your room or possession any unauthorised

articles or attempting to obtain any unauthorised articles;
(g) giving to or receiving from any person any unauthorised

articles;
(h) making repeated and groundless complaints;
(i) failing to observe any conditions for temporary release; or
(j) attempting to commit the offences listed at (e) or (g) above.

11. Punishments. Apart from punishments that can be
awarded under the Defence Act, the following punishments can be
awarded by the officer in charge or by an officer authorised to do so:
(a) close confinement for not more than three days;
(b) deprivation of mattress for not more than three days;
(c) forfeiture of remission for not more than fourteen days;
(d) forfeiture of allowance for not more than fourteen days;
(e) extra training; and
(f) admonishment.

DEFENCE [CH.211 – 47


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

12. Mechanical Restraint. If there is a danger that you
might injure yourself, or other people, or that you might damage
property, the officer in charge can order that you be put in a
strait waistcoat or a body belt for periods of up to twenty-four
hours. He can also order the use of handcuffs if he thinks you
might cause a disturbance, or at any time when you are being
moved in service custody.

13. Remission. If you are of good conduct during your
sentence and the sentence is more than twenty-four days, you
may be awarded remission of sentence. Usually this will be one
third of the sentence except that you will have to serve a
minimum of twenty-four days.

14. Religion. The officer in charge may authorise visits by
a minister of religion and, so far as possible, allow you to have
approved religious books.

THIRD SCHEDULE (Regulation 64)
PART I

ORDER TO APPLY MECHANICAL RESTRAINT
WHEREAS Pay No ............................... Rank ............................
Name ......................................... Unit ..........................................
a person under sentence, is likely to /injure himself/others/damage
property/create a disturbance/ 59;
NOW, in pursuance of the Defence Act, I hereby order that
mechanical restraint be applied to him from ...............................
(time) on .................... 19 .......... and shall continue for ..............
hours (not exceeding twenty-four hours). Such restraint shall be
handcuffs/strait waistcoat/body belt/ 60. The handcuffs are to be
placed to the front of the body/rear of the body except during
meals and for sleeping when they shall be moved to the front/. 61
Signed this ................... day of ............................. 19 ................
Signature: ................................................................................. 62
Rank and Appointment: ...............................................................


59 Delete as appropriate.
60 A strait waistcoat or body belt is not to be ordered when the grounds for applying

mechanical restraint are that a disturbance is expected.
61 Delete as appropriate.
62 The form is to be signed by the officer in charge of the unit detention quarters.

CH.211 – 48] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Copy to: Commander Defence Force
Medical Officer to the Defence Force.

WHEREAS the Medical officer to the Defence Force/a medical
practitioner/ 63 has so advised;
NOW I hereby order that the above order shall be varied as follows
......................................................................................................
................................................................................................... 64
Signed this .......................... day of ................................ 19 .......
Signature: ................................................................................. 65
Rank and Appointment: ...............................................................
Copy to: Commander Defence Force.


PART II
CERTIFICATE OF APPLICATION OF MECHANICAL

RESTRAINT
WHEREAS Pay No ........................... Rank ................................
Name ...................................... Unit .............................................
has been ordered to be placed in mechanical restraint in
pursuance of an order of the officer in charge of unit detention
quarters;........................................................................................
NOW, in pursuance of that order I was present at.....................
hours on the....................day of...................19.... when the above-
named was placed in handcuffs/strait waistcoat/ body belt/ 66.
Signed this .........................day of ................................. 19 ........
Signature: ........................ Full name ....................................... 67
Rank and Appointment: ...............................................................



63 Delete as appropriate.
64 Here insert the order as varied.
65 The form is to be signed by the officer in charge of the unit detention quarters.
66 Delete as appropriate.
67 This form must be signed by an officer of the Defence Force, and his full name

must be set out.

DEFENCE [CH.211 – 49


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PART III
CERTIFICATE OF REMOVAL OF MECHANICAL

RESTRAINT
WHEREAS Pay No .................................... Rank .......................
Name .............................................. Unit .....................................
having been placed in mechanical restraint by order of the
officer in charge of unit detention quarters;
NOW, I was present at.......................... hours of the...................
day of.............. 19.... when the above-named was released from
handcuffs/strait waistcoat/body belt/ 68
Signed this ....................... day of ............................... 19 ..........
Signature: ................................... Full name ............................ 69
Rank and Appointment: ...............................................................


PART IV

ORDER FOR THE CONTINUATION OF MECHANICAL
RESTRAINT FOR FORTY-EIGHT HOURS

WHEREAS Pay No ............................... Rank ............................
Name ......................................... Unit ..........................................
a person under sentence having been ordered by the officer in
charge of unit detention quarters to undergo mechanical restraint
for twenty-four hours, and application having been made to me
for continuation of mechanical restraint for a further period;
NOW, in pursuance of the Defence Force Act, I hereby order
that mechanical restraint in the form of /handcuffs/strait
waistcoat/ body belt/ 70 may be applied for a further.................
hours (not exceeding forty-eight hours) from...........................
hours on the....................... day of ....................... 19 ....
And I further order that this order shall be subject to any
contrary directions of the Medical Officer to the Defence Force
or..................................................................................... 71


68 Delete as appropriate.
69 This form must be signed by an officer of the Defence Force, and his full name

must be set out.
70 Delete as appropriate. A strait waistcoat or body belt may not be ordered when the

grounds for the application of mechanical restraint are that the person under sentence is
likely to cause a disturbance.

71 Insert the name of any other medical practitioner who may be officiating.

CH.211 – 50] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



And I further order that after twenty-four hours of the further
period of mechanical restraint hereby ordered the person to
whom it is applied shall be released therefrom for a period of at
least one hour before it is re-applied. 72
Signed this ...................... day of ............................... 19 ............
Signature: ................................................................................. 73
Commander Defence Force .........................................................


PART V
ORDER BY MEDICAL OFFICER TO THE DEFENCE

FORCE OR OTHER MEDICAL PRACTITIONER
WHEREAS Pay No ............................. Rank ..............................
Name ......................................... Unit ..........................................
is a person under sentence to whom mechanical restraint has been
applied by order of the officer in charge of unit detention quarters;
/And whereas application has been made to me by the officer in
charge to approve a further period of mechanical restraint/. 74
NOW, I hereby order that the above-named /shall be released
from all forms of mechanical restraint at ......................... hours
on the ........................ day of ........................... 19 ............/may
be subjected to mechanical restraint in the form
of/handcuffs/strait waistcoat/body belt for a further period
of............................... hours (not exceeding twenty-four hours)
starting from ........................... hours (not earlier than an hour
after the time the previous period of mechanical restraint ended)
on the.................... day of .................. 19 ......... 75
Signed this ...................... day of ................................... 19 ........
Signature: .....................................................................................
Qualification: 76 ............................................................................
Notes



72 This paragraph is to be included when the period of further restraint exceeds

twenty-four hours.
73 This form may be signed only by Commander Defence Force.
74 Delete as appropriate.
75 Delete as appropriate.
76 This form must be signed by the Medical Officer to the Defence Force or by a

medical practitioner.

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