Defence Rules of Procedure (Part I)


Published: 1984-09-20

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Defence Rules of Procedure (Part I)
DEFENCE [CH.211 – 51


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

DEFENCE RULES OF PROCEDURE (PART I)

(SECTION 133)
[Commencement 20th September, 1984]

1. These Rules may be cited as the Defence Rules
of Procedure (Part I).

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

“accused” means a person subject to service law who
is alleged to have committed an offence against
Part V of the Act;

“arrest” includes open arrest;
“attorney” means a counsel and attorney for the time

being authorised to practice as a counsel and
attorney of the Supreme Court;

“child” means a person under the age of fourteen
years;

“commanding officer” includes authorised officer as
defined in Punishment Regulations where he is
acting within his delegated powers;

“Punishment Regulations” means the Defence (Sum-
mary Jurisdiction and Punishment) Regulations;
and

“young person” means a person who has attained the
age of fourteen years and is under the age of
seventeen years.

Avoidance of Delay
3. (1) Before an allegation against an accused that

he has committed an offence against Part V of the Act is
further proceeded with the allegation shall be reported in
the manner set out in Part I of the First Schedule to these
Rules.

(2) The commanding officer shall as soon as possible
charge the accused in the manner prescribed in rule 5, and
investigate the charge in the manner prescribed in rule 6.

4. Where an accused is in arrest in relation to an
offence —

S.I. 53/1984

Citation.

Interpretation.

Avoidance of
delay in
investigating
charges.
First Schedule.

Special
provisions where
accused held in
arrest.

CH.211 – 52] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) he shall not be held in arrest for more than
twelve hours unless the allegation has within
that period been reported to the commanding
officer as required by rule 3(1);

(b) the commanding officer shall, within twenty-
four hours of receiving the charge report, inform
the accused of the allegation against him and
either release him from arrest, without prejudice
to re-arrest, or remand him in custody pending
investigation and trial;

(c) the commanding officer, may at any time before
a court-martial has assembled to try the charge
against the accused, release him from arrest
without prejudice to re-arrest;

(d) unless it is impracticable, because enquiries into
the allegation have not been completed or for
other good causes, the commanding officer shall
within forty eight hours of the arrest charge the
accused and begin to investigate the charge;

(e) a delay report in the form set out in the Second
Schedule to these Rules shall be signed by the
commanding officer and sent to Commander
Defence Force —

(i) in cases where an accused is detained in
arrest for more than forty-eight hours
without being charged or without the
investigation having begun, on the expiry
of forty-eight hours; and

(ii) in cases where an accused is detained in
arrest for more than eight days without
being tried summarily for the offence or
without a court-martial assembling to try
the accused —
(aa) on the expiry of eight days; and
(bb) every further eight days until the

accused is released from arrest or
tried summarily or the court-martial
assembles;

(f) an accused shall not be detained in arrest for
more than ninety consecutive days without a
court-martial being convened for his trial unless
Commander Defence Force directs in writing, in


Second Schedule.

.

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the form set out in the Second Schedule, that the
accused shall not be released from arrest and the
reasons for the direction; and

(g) failure to comply with any of the provisions of
this rule shall not of itself invalidate any
subsequent proceedings against the accused.

Investigation of Charges
5. When the commanding officer decides that the

allegation shall be proceeded with he shall formally charge
the accused by —

(a) drawing up a charge consisting of the full
statement and particulars of the offence in Part
III of the record of investigation set out in the
First Schedule; and

(b) reading and, if necessary, explaining the charge
to the accused.

6. (1) Subject to paragraph (3), when a commanding
officer investigates a charge he shall —

(a) hear the evidence himself in accordance with rule
7; or

(b) cause the evidence to be reduced to writing in
accordance with paragraph (2) or this rule, and
read and consider it:

Provided that —
(i) although he has heard all or part of the

evidence himself, he may cause the
evidence to be reduced to writing;

(ii) after evidence has been reduced to writing
and he has considered it, he may himself
hear evidence in accordance with rule 7;
and

(iii) before he remands an accused for trial by
court-martial he shall cause the evidence
to be reduced to writing.

(2) Evidence may be reduced to writing in the form
of a summary of evidence taken in accordance with rule 9
or an abstract of evidence made in accordance with rule 10:

Provided that a summary of evidence must be taken
if —

(a) the maximum punishment for the offence with
which the accused is charged is death; or

Second Schedule.

Charging the
accused.

First Schedule.

Methods of
investigating
charges.

CH.211 – 54] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) the accused, at any time before the charge
against him is referred to Commander Defence
Force in accordance with rule 13, requires in
writing that a summary evidence be taken.

(3) Where after investigation in accordance with
paragraph (1) of this rule the evidence discloses an offence
other than the offence which is the subject of the
investigation, a new charge alleging that offence may be
preferred against the accused in addition to, or substitution
for, the original charge, and the investigation of the
original charge may be treated, for the purpose of these
rules, as the investigation of the added or substituted
charge and the commanding officer shall read and, if
necessary, explain the new charge to the accused.

7. (1) When a commanding officer investigates a
charge by hearing the evidence himself —

(a) the accused shall be arraigned and if there is
more than one charge against the accused he
shall be required to plead separately to each
charge; and

(b) the commanding officer shall proceed to deal
with the case in accordance with paragraph (2)
or (3), depending on the plea:

Provided that a commanding officer shall not
deal with the case without first obtaining the
permission of the Commander Defence Force if
a charge is laid under any of the sections of the
Act mentioned in regulation 4 of the Defence
(Summary Jurisdiction and Punishment)
Regulations.

(2) Where the accused pleads guilty to the charge —
(a) the facts of the case shall be summarised in the

presence of the accused by, or on behalf of, the
person bringing the charge;

(b) the accused may adduce evidence of character
and in mitigation of punishment and address the
commanding officer in mitigation of punish-
ment; and

(c) the commanding officer may award one or more
of the punishments prescribed by the Defence
(Summary Jurisdiction and Punishment) Regula-
tions:

Hearing of
evidence by
commanding
officer.

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Provided that the commanding officer shall
not in the cases prescribed by rule 8 award a
punishment without giving the accused an
opportunity of electing trial by court-martial and
if the accused so elects the commanding officer
shall record a finding but shall take steps under
rule 13 to have the charge tried by court-martial:

Provided further that the commanding officer
shall not award a punishment to an officer
without first obtaining in the manner set out in
part V of the First Schedule the approval
required by sections 86(1) and 86(2) of the
Defence Act.

(3) Where the accused pleads not guilty to the
charge —

(a) each prosecution witness shall give his evidence
orally in the presence of the accused, or the
commanding officer shall read to the accused a
written statement made by the witness:

Provided that a written statement of a
prosecution witness shall not be used if the
accused requires that the witness shall give his
evidence orally;

(b) the accused shall be allowed to cross-examine
any prosecution witness;

(c) the accused may, on his own behalf, give
evidence on oath or may make a statement
without being sworn;

(d) the accused may call witnesses in his defence
who shall give their evidence orally and in his
presence;

(e) the evidence shall be given an oath;
(f) the commanding officer shall, subject to the

accused’s right to make a statement without
being sworn, administer the oath to each
witness, and to any interpreter, in the form laid
down in the Third Schedule;

(g) the commanding officer shall then determine
whether the accused is not guilty of the charge in
which case he will dismiss the charge, or guilty
of the charge; and

Third Schedule.

CH.211 – 56] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(h) if the commanding officer does not dismiss the
charge —

(i) the accused may adduce evidence of
character and in mitigation of punishment
and address the commanding officer in
mitigation of punishment;

(ii) the commanding officer may award one or
more of the punishments prescribed by the
Defence (Summary Jurisdiction and Punish-
ment) Regulations:

Provided that the commanding
officer shall not in the cases prescribed in
rule 8, award a punishment without giving
the accused an opportunity of electing trial
by court-martial and, if the accused so
elects, the commanding officer shall not
record a finding but shall take steps under
rule 13 to have the charge tried by court-
martial:

Provided further that the commanding
officer shall not award a punishment to an
officer without first obtaining in the manner
set out in part V of the First Schedule the
opportunity required by sections 86(1) and
86(2) of the Defence Act.

(4) The accused’s representative may, with the
accused’s consent and on his behalf, address the
commanding officer and examine or cross-examine any
witness.

8. (1) The commanding officer shall afford the
accused an opportunity of electing to be tried by court-
martial where the accused is an officer and either the
commanding officer intends to award a fine or stoppages,
or a finding of guilty will involve a forfeiture of pay.

(2) The accused shall be given a period of twenty-
four hours in which to decide whether he wishes to be tried
by court-material.

9. A summary of evidence shall be taken in the
following manner and shall be in accordance with the form
set out in the Fourth Schedule —

(a) it shall be taken in the presence of the accused
by the commanding officer, by another officer
on the direction of the commanding officer or by
an attorney;

First Schedule.

Option to elect
trial by court-
martial.

Summary of
evidence.

Fourth Schedule.

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(b) the prosecution witnesses shall give their
evidence orally and the accused shall be allowed
to cross-examine any prosecution witness:

Provided that, if the person cannot be
compelled to attend as a prosecution witness of if,
owing to the exigencies of the services or on
other grounds (including the expense and loss of
time involved), the attendance of any prosecution
witness cannot, in the opinion of the person
taking the summary (to be certified by him in
writing), be readily procured, a written statement
of his evidence, purporting to be signed by him,
may be read to the accused and included in the
summary of evidence; but if such witness can be
compelled to attend, the accused may insist that
he shall attend for cross-examination;

(c) after all the evidence against the accused has
been given, the accused shall be asked —
“Do you wish to say anything? You are not
obliged to do so, but, if you wish, you may give
evidence on oath, or you may make a statement
without being sworn. Any evidence you give or
statement you make will be taken down in
writing and may be given in evidence.”

Any evidence given or statement made by
the accused shall be recorded in writing and,
immediately thereafter, the record of his
evidence or statement shall be read over to him
and corrected where necessary, and he shall sign
it unless he declines to do so;

(d) the accused may call witnesses in his defence,
who shall give their evidence orally;

(e) neither the accused nor the witnesses for the
defence shall be subject to cross-examination;

(f) the evidence of each witness (other than the
accused) who gives evidence orally, shall be
recorded in writing and, before the summary of
evidence is concluded, the record of his
evidence shall be read over to him, corrected
where necessary and signed by him;

(g) the record of the evidence may be in narrative
form, save that any question put to a witness in
cross-examination by the accused, and the
answer thereto, shall be recorded verbatim if the
accused so requires;

CH.211 – 58] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(h) the oath shall be administered in accordance
with the form set out in the Third Schedule by
the person taking the summary of evidence to
each witness, before he gives his evidence, and
to any interpreter:

Provided that, where any child of tender
years, called as a witness, does not, in the
opinion of the person taking the summary,
understand the nature of an oath, his evidence
may be received though not given upon oath, if,
in the opinion of the person taking the summary,
the child is possessed of sufficient intelligence to
justify the reception of the evidence and
understands the duty of speaking the truth; and

(i) at the conclusion of the taking of the summary
of evidence, the person taking it shall certify
thereon that he has complied with the provisions
of this rule.

10. (1) An abstract of evidence shall be made in the
following way and shall be in accordance with the form set
out in the Fifth Schedule —

(a) it shall be made by the commanding officer or by
another officer on the direction of the command-
ing officer;

(b) the accused should not be present while the
abstract of evidence is being made;

(c) it shall consist of a signed statement by, or a
precis of the evidence of, each witness whose
evidence is necessary to prove the charge; and

(d) an oath shall not be administered to a witness
making a statement for inclusion in an abstract
of evidence, but use may be made, where
necessary, of sworn statements which are
already in existence.

(2) When an abstract of evidence has been made in
accordance with paragraph (1) of this rule, a copy of it
shall be handed to the accused who shall then be cautioned
in the following terms:
“This is a copy of the abstract of evidence in your case;
you are not obliged to say anything with regard to it unless
you wish to do so, but you should read it, and, when you
have read it, if you wish to say anything, what you say will
be taken down in writing and may be given in evidence.”

Third Schedule.

Fifth Schedule.

Abstract of
evidence.

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Any statement made by the accused after he has read
the abstract of evidence shall be taken down in writing and,
unless he declines to do so, signed by the accused.

(3) Irrespective of whether he makes a statement,
the accused may submit statements of witnesses.

(4) Any statement made by or submitted by the
accused shall be attached to the abstract of evidence and
form part of it.

(5) A certificate in the form set out in the Fifth
Schedule by the person who complied with paragraph (2)
of this rule shall be attached to the abstract of evidence and
form part of it.

11. (1) Before a commanding officer deals summarily
with a charge after evidence has been reduced to writing —

(a) any prosecution witness who has not given his
evidence orally shall do so if the accused
requires it; and

(b) the commanding officer shall give the accused a
further opportunity to give evidence on oath or
make a statement without being sworn and to
call witnesses in his defence.

(2) Where a commanding officer has conducted
further investigation under paragraph (i) he may proceed to
deal with the matter in accordance with rule 7(2)(b) and (c)
or 7(3)(g) and (h).

Remand for Trial by Court-Martial
12. (1) After investigation of a charge and after the

period of twenty-four hours referred to in rule 8(2) has,
where appropriate, elapsed, the commanding officer shall,
if he has not dismissed the charge and if he has not dealt
with it summarily, remand the accused for trial by court-
martial.

(2) At the time of remand the commanding officer
shall, where he considers it necessary to do so having
regard to his knowledge of the circumstances of the
offence, inform the accused of the requirements of section
170 of the Criminal Procedure Code Act relating to the
defence of alibi.

Fifth Schedule.

Further
investigation
before summary
dealing where
evidence reduced
to writing.

Remand for trial
by court-martial.

CH.211 – 60] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

13. (1) When a commanding officer has remanded
an accused for trial by court-martial he shall send to
Commander Defence Force —

(a) a copy of the charge on which the accused is
held;

(b) details of the charges upon which the
commanding officer considers that the accused
should be dealt with;

(c) the summary or abstract of evidence;
(d) the personal file of the accused; and
(e) a recommendation as to how the charge should

be proceeded with.
(2) After a commanding officer has referred a

charge to Commander Defence Force in accordance with
paragraph (1) of this rule, he shall not dismiss it unless so
directed by Commander Defence Force.

14. When Commander Defence Force receives a
charge against an accused he may —

(a) refer the charge back to the commanding officer
with directions to dismiss the charge; or

(b) save where the charge is incapable of summary
disposal or where the accused has elected trial
by court-martial, refer the charge back to the
commanding officer with directions to deal
summarily with it, or any additional or
substituted charge under rule 6(3); or

(c) convene a court-martial to try the accused.
15. When a charge is referred back to the command-

ing officer in accordance with rule 14, the commanding
officer shall comply with any directions of Commander
Defence Force under that rule.

Framing of Charges
16. (1) Each charge shall state one offence only.
(2) Offences may be charged in the alternative in

separate charges but in no case shall they be laid in the
alternative in the same charge and where charges are laid
in the alternative they shall be set out in order of gravity
commencing with the most serious.

Reference of
charges to
Commander
Defence Force
for trial by
Court-martial.

Action by
Commander
Defence Force on
receipt of a
charge.

Action by
commanding
officer on
reference back.

Charges.

DEFENCE [CH.211 – 61


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(3) Each charge shall consist of two parts, namely —
(a) the statement of the offence; and
(b) the particulars of the act, neglect or omission

constituting the offence.
(4) The statement of an offence, if it is not a civil

offence, shall state the section and subsection of the Act
which it is alleged has been violated and if it is a civil
offence, it shall be in such words as sufficiently describe
that offence.

(5) The particulars shall state —
(a) such circumstances respecting the alleged

offence as will enable the accused to know every
act, neglect or omission which it is intended to
prove against him as constituting the offence;

(b) when the offence charged is one which can be
committed either in circumstances involving a
higher degree of punishment or in circumstances
involving a less degree of punishment, facts
which it is intended to prove as rendering the
accused liable to the higher degree of punish-
ment, if convicted; and

(c) any additional facts which it is intended to prove
as rendering the accused liable to the punishment
of stoppages if convicted.

(6) Each charge shall in its lay-out follow the
illustration in the Sixth Schedule.

17. Any number of accused may be charged jointly
in one charge for an offence alleged to have been
committed by them jointly.

18. In the construction of a charge there shall be
presumed in favour of supporting it every proposition
which may reasonably be presumed to be impliedly
included, though not expressed therein, and the statement
of the offence and the particulars of the offence shall be
read and construed together.

19. (1) Subject to paragraphs (2) and (3), an accused
who has elected to be tried by court-martial under rule 8,
may withdraw his election at any time before his trial
begins.

Sixth Schedule.

Joint charges.

Construction of
charges.

Withdrawal of
election of trial.

CH.211 – 62] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) An accused who has elected to be tried by court-
martial, shall not be entitled to withdraw his election
before he has been remanded for trial if his commanding
officer is of opinion that it is undesirable that he should do
so.

(3) An accused who has elected to be tried by court-
martial, shall not be entitled to withdraw his election after
he has been remanded for trial except with the permission
of Commander Defence Force.

20. (1) A witness who is subject to service law, may
be ordered by the proper service authority to attend the
taking of a summary of evidence or to give evidence when
a charge is dealt with summarily by the commanding
officer of the accused.

(2) A witness who is not subject to service law, may
be summoned to attend a summary of evidence or to give
evidence when a charge is dealt with summarily by the
commanding officer of the accused by an order, in the
appropriate form set out in the Seventh Schedule, under the
hand of the commanding officer.

(3) The order shall be served on the witness either
personally or by leaving it with some person at the witness’
normal place of abode.

(4) At the time of service of the order there shall be
paid or tendered to the witness any travelling or other
expenses as may be specified in instructions made by the
Minister:

Provided that the tender of a written undertaking on
behalf of the Minister to defray any expenses payable
under such instructions in respect of the witness’
attendance shall be deemed to constitute tender of those
expenses.

21. The provisions of section 104 of the Act shall
apply in relation to proceedings at the taking of a summary
of evidence and before a commanding officer as they apply
in relation to proceedings at a court-martial, and, when so
applied, they shall be construed as though the words
“officer taking the summary of evidence” or, as the case
may be, “commanding officer” were substituted for the
word “president of the court-martial”.

Procuring
attendance of
witnesses.

Seventh
Schedule.

Offences by
civilians in
relation to
summaries of
evidence and
summary
dealings.

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22. Subject to rule 7(3)(a) (which permits the use of
written statements of prosecution witnesses where the
accused does not object), where a charge is dealt with
summarily by the commanding officer, the provisions of
sub-sections (1) and (3) of section 102 and of section 103
of the Act shall apply in relation to those proceedings.

23. (1) An oath which is required to be administered
under these Rules shall be administered in the appropriate
form see out in the Third Schedule:

Provided that the opening words of the oath may be
varied to such words and the oath administered in such
manner as the person taking the oath declares to be binding
on his conscience in accordance with his religious beliefs.

(2) Where the person is a child or young person the
oath shall be in the appropriate form set out in the Third
Schedule to these Rules.

(3) there a person is permitted to make a solemn
affirmation instead of swearing an oath, the affirmation
shall be in the appropriate form set out in the Third
Schedule to these Rules.

(4) The provisions of section 105 of the Act shall
apply to proceedings before a commanding officer and at
the taking of a summary of evidence as they apply to
proceedings before a court-martial.

24. (1) Any person subject to the Act who wishes to
appeal against the finding or award of his commanding
officer, shall do so by way of complaint in accordance with
section 168 of the Act.

(2) On receipt of such complaint the reviewing
authority shall review the finding or award in accordance
with section 114 of the Act.

25. A deviation or omission from a form or form of
words set out in a Schedule to these Rules shall not, by
reason only of such deviation or omission, render any
document, act or proceeding invalid.

26. In any case not provided for by these Rules such
course shall be adopted as appears best calculated to do
justice.

Evidence and
privileges of
witnesses where
charges dealt
with summarily
by commanding
officer.

Oaths and
solemn
affirmations.
Third Schedule.

Third Schedule.

Third Schedule.

Review of
summary awards.

Deviations from
forms in
Schedules.

Cases not
covered by Rules.

CH.211 – 64] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FIRST SCHEDULE (Rules 3 and 5)

FORM DF 241

RECORD OF INVESTIGATION
PART I

CHARGE REPORT
Name of unit
or sub-unit:
.....................................................................................
ACCUSED Pay No. ......................................................

Rank ..........................................................
Name .........................................................
Unit ...........................................................

ALLEGATION Place ..........................................................
Date ...........................................................
Offence.......................................................
Section of Act Contravened ......................
Brief facts ..................................................

OFFENCE
REPORTED BY

Pay No........................................................
Rank...........................................................
Name .........................................................
Unit ...........................................................
(Statement (if any) to be attached)


OTHER
WITNESSES

Particulars:.................................................
....................................................................
....................................................................
(Statements (if any) to be attached)

ARREST The accused was/was not arrested
at ............................ (time) ........................
on ...................... (date) by ........................
........................ (Pay no., rank, name, unit)
and is still in arrest/has been released
from arrest .................................................
(date) .........................................................
(time) .........................................................
(Date) ........................................................
(Signed) .....................................................
(Pay No., rank, name and unit of person
reporting offence or retaining accused in
arrest).



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FORM DF 242
PART II

REVIEW OF ARREST BY COMMANDING OFFICER/
AUTHORISED OFFICER

On ................. (date) at........................... (time)
the accused appeared before me and I informed
him of the allegation in Part I. I released him from
arrest/remanded him in close/open arrest/for
further inquiry/investigation/summary or abstract
of evidence/for commanding officer.

A delay report has been/will be submitted on
to Commander Defence Force.

Signed: ..............................................................
(Commanding Officer)

Dated: ...............................................................
On................. (date) at............................ (time)

I release the accused from arrest without
prejudice to re-arrest.

Signed: ..............................................................
(Commanding Officer)

Dated: ...............................................................
On...................... (date) at....................... (time)

I ordered the re-arrest of the accused on the
following grounds:
...........................................................................
...........................................................................

A delay report has been/will be submitted on
...........................................................................
to Commander Defence Force.

Signed:...............................................................
(Commanding Officer) 77

Dated: ...............................................................



77 or authorised officer, as appropriate.

or authorised
officer, as
appropriate.

CH.211 – 66] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM DF 243
PART III

CHARGE SHEET

A. Charge

STATEMENT
OF OFFENCE .......................................................................
CONTRARY TO SECTION ........................

OF THE DEFENCE ACT
in that he .......................................................

PARTICULARS at (place) .......................................................
OF OFFENCE on (date) .......................................................

.......................................................................

.......................................................................
On..................................................................

(date) the accused appeared before me when
the charge was read and explained to him.

Signed:...........................................................
(Commanding Officer/Authorised Officer)


B. Substituted Charge

STATEMENT
OF OFFICE .......................................................................
CONTRARY TO SECTION ........................

OF THE DEFENCE ACT
in that he........................................................

PARTICULARS
OF OFFENCE

at (place) ...................……............................
on (date) ...................…….............................
.......................................................................
........................................……………...........
.......................................................................

Having completed my investigation I
considered that the above charge should be
substituted for the charge originally preferred
and on .......................... (date) the accused
appeared before when the substituted charge
was read and explained to him.

Signed: ..........................…………................
(Commanding Officer/Authorised Officer)



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FORM DF 244

PART IV
SUMMARY OF ABSTRACT OF EVIDENCE

A summary of evidence/an abstract of evidence
shall be taken.

Dated .................................................................
Signed................................................................

(Commanding Officer)
Having read the summary/abstract of evidence

on............ day of ............ 19.... I decided to
dismiss the charge/deal summarily with the
charge/apply for trial by court-martial.

Signed................................................................
(Commanding Officer)



FORM DF 245
PART V

REFERENCE OF CHARGE(S) TO COMMANDER
DEFENCE FORCE

A. To deal summarily
APPLICATION Application is made/to deal summarily with

this charge/to deal summarily with this
officer

Dated ............ day of .................... 19...........
Signed.............................................................

(Commanding Officer/
Authorised Officer)

DIRECTION Application/granted/
refused

and the commanding officer is
directed to dismiss the charge
and a court-martial will be
convened to deal with the change

Dated .......................... day of .................
19......

Signed ...........................................................
(Commander Defence Force)


B. For trial by court-martial
APPLICATION Application is made for trial of this charge

by court-martial.

CH.211 – 68] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



The accused has/has not/elected trial on the
charge.

Dated ............. day of ...................... 19........
Signed............................................................
(Commanding Officer)
DIRECTION Application/granted
refused

and the commanding officer is
directed
to dismiss the charge/to deal
summarily with the case/on an
additional/substituted charge as
follows:

Dated .............................. day of
............................................. 19........

Signed...........................................................
(Commanding Defence Force)



FORM DF 246
PART VI

DISPOSAL OF CHARGE(S)
Plea: Guilty/Not Guilty
FINDING (if any) .........................................
The accused did not elect/was not entitled to

elect/elected trial by court-martial.
AWARD (if any) ..........................................
or
WARRANT applied for ...............................
Signed............................................................

(Commanding Officer/
Authorised Officer)

WARRANT read to the accused on
(date) .............................................................

Signed............................................................
(No., ranks, name, unit of person
reading warrant)

DISMISSAL
Having been so directed by Commander

Defence Force/decided that no further action
should be taken on the charge/found the
accused not guilty/the charge is dismissed.

DEFENCE [CH.211 – 69


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



Dated .............. day of .................... 19.........
Signed...........................................................

(Commanding Officer/
Authorised Officer)



FORM DF 247

PART VII
PUNISHMENT WARRANT

APPLICATION Having taken into account
a. The accused’s enclosed personal file;
b. The fact that he has spent ...................

days in close/open arrest; and
c. The following mitigating factors:
I proposed that the accused be sentenced to:

.......................................................................
Dated ................ day of ................... 19........
Signed............................................................

(Commanding Officer/
Authorised Officer)

WARRANT The proposed sentence is approved/returned
for reconsideration.

Dated ................ day of ................... 19........
Signed............................................................

(Commander Defence Force)


SECOND SCHEDULE (Rule 4)

FORM DF 248

(1) DELAY REPORT
Unit Address:.........………...........

Tel: ................................………...
To Commander Defence Force
78 DELAY REPORT

Pursuant to section 82(2) of the Defence Act, pay
Number, rank name of accused ...................................................



78 Insert “1”, “2”, “3”, “Final” or as the case may be.

CH.211 – 70] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Date placed in arrest..............................................19.........
Alleged Offence(s)
................................

Date of Alleged Offence(s)
..................................................
.

79 The accused is in close/open arrest
The reasons for his retention in arrest are.....................................
80 The accused was (charged on .............................................

(has not been charged yet because
.................................................................

The abstract/summary
of evidence (was taken on ............................. 19......)
(has not yet been taken because
Reasons for delay
since last report .................................................................
.................................................................
Date ................ 19....
81 Officer commanding accused’s unit/sub

unit (To be signed personally by the
Commanding Officer/or authorised officer)



FORM DF 249

(2) DIRECTION UNDER RULE OF PROCEDURE 4(f)
FOR ACCUSED TO BE KEPT IN ARREST FOR

MORE THAN 90 DAYS
To:.................................................................................................
Commanding officer of the accused ............................................
(No., rank, name of accused)
You are hereby directed to keep the accused in arrest for more
than 90 days
from .............................................................................................
(day of arrest) and until further notice on the following grounds ...........
........................................................................................................
...................................................................................................
Dated .............................day of .........................................19.......
Signed........................................... (Commander Defence Force)



79 Strike out words not applicable.
80 Strike out words not applicable.
81 Strike out words not applicable.

DEFENCE [CH.211 – 71


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

THIRD SCHEDULE (Rules 7, 9 and 23)

OATHS AND AFFIRMATIONS
Interpreter

I swear by Almighty God that I will to the best of my
ability truly interpret and translate as I shall be required to do
touching the matter being investigated.
Witness

I swear by Almighty God that the evidence which I shall
give at this investigation shall be the truth, the whole truth and
nothing but the truth.
Child or Young Person

I promise before Almighty God that the evidence which I
shall give at this investigation shall be the truth, the whole truth
and nothing but the truth.
Manner of Administering Oaths

Christians taking the oath shall, unless female, remove their
head-dress and, holding the Bible or New Testament in their
right hand, say to or repeat after the person administering the
oath the words of the oath. Jews shall take the oath in the same
manner except that they shall wear their head-dress and hold the
Old Testament to their right hand.
Solemn Affirmations

The person making a solemn affirmation shall say to or
repeat after the person administering the solemn affirmation “I
(name in full) do solemnly, sincerely and truly declare and
affirm that/I will to the best of my ability truly interpret and
translate as I shall be required to do touching the matter being
investigated/the evidence which I shall give at this investigation
shall be the truth, the whole truth and nothing but the truth” as
appropriate.

FOURTH SCHEDULE (Rule 9)
SUMMARY OF EVIDENCE

Summary of evidence in the case of
..................................................... (pay num-
ber, rank, name, unit or other description)

Taken by/the commanding officer of the
accused./............................(rank, name, unit or
other description) on the direction of the
commanding officer of the accused./

CH.211 – 72] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]


......................
witness for
the

(pay number, rank, name, unit or other
description) having been duly sworn 82 states —

prosecution (Cross-examined by the accused)
83 Question 1

Answer 1 ..........................................................
or

(The accused declines to cross-examine this
witness)

..........................................................................
(Signature and, rank (if any) of witness)

or
......................
witness for
the
prosecution

................................. (pay number, rank,
name, unit or other description).

A written statement of this witness’ evidence
purporting to be signed by him has been read
to the accused and is included in this
summary at page.... Having regard
to.....................(insert grounds for non-
attendance of witness — see rule 9(b)) the
attendance of this witness cannot in my
opinion be readily procured.

/The accused does not demand the attendance
of this witness for cross-examination./ /The
accused demands the attendance of this
witness for cross-examination but the witness
is not compellable and has refused to attend./

..........................................................................
(Signature of officer/attorney taking the
summary of evidence)

The accused having been duly cautioned in
accordance with Rule of Procedure 9(c)
reserves his defence

or
The accused having been duly cautioned in

accordance with Rules of Procedure 9(c)


82 When a witness or the accused affirms the words “duly affirmed” should be

substituted for the words “been duly sworn” and when a witness is a child who is too
young to give evidence on oath or the accused makes a statement without being sworn
the words “without being sworn” should be substituted for the words “having been duly
sworn”.

83 See however, Rule 9(g).

DEFENCE [CH.211 – 73


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



elects/to give evidence on oath/ /to make a
statement without being sworn/and to call a
witness(es). 84

......................
witness for
the defence

85 + The accused (name, unit or other description)
having been duly sworn 86 states —

...........................................................................
(Signature and rank (if any) of accused if he signs)

......................
witness for
the defence

............................................................................
(pay number, rank, name, unit or other
description) having been duly sworn 87 states —

............................................................................
(Signature and rank (if any) of witness)

or
......................
witness for
the defence

................................................................................
(pay number, rank, name, unit or
other description)

A written statement of this witness’ evidence
purporting to be signed by him has been read to
the accused and is included in this summary at
page ....……
Having regard to ................................................
............................................................................
(insert grounds for non-attendance of witness) the
attendance of this witness cannot in my opinion be
readily procured.

.............................................................…................
(Signature of officer/attorney taking the summary
of evidence)

Certified that Rule of Procedure 9 has been
complied with.

This summary of evidence was taken by me at
..........................................…...................................


84 Omit the words “and to call a witness(es)” if they are not applicable.
85 If the accused makes an unsworn statement amend accordingly.
86 When a witness or the accused affirms the words “duly affirmed” should be

substituted for the words “been duly sworn” and when a witness is a child who is too
young to give evidence on oath or the accused makes a statement without being sworn
the words “without being sworn” should be substituted for the words “having been duly
sworn”.

87 When a witness or the accused affirms the words “duly affirmed” should be
substituted for the words “been duly sworn” and when a witness is a child who is too
young to give evidence on oath or the accused makes a statement without being sworn
the words “without being sworn” should be substituted for the words “having been duly
sworn”.

CH.211 – 74] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



in the presence and bearing of the accused on
the ...................... day(s) of ...................... 19....

............................................................................
(Signature of officer/attorney taking the
summary of evidence)



FIFTH SCHEDULE (Rule 10)

(1) ABSTRACT OF EVIDENCE
Abstract of evidence in the case of ................................ (pay
number, rank, name, unit or other description) consisting of
the..............................................................................................
(insert the number of statements) attached statements 88
and ...................................................... (insert the number of
precis) precis of evidence 89 of witnesses for the prosecution
and compiled by me 90 /the commanding officer of the accused
//............................................................................................... 91
on the direction of the commanding officer of the accused./
Dated .......................19.......... ............................................
(Signature and rank)



(2) CERTIFICATE TO BE ATTACHED TO THE ABSTRACT OF
EVIDENCE AFTER IT HAS BEEN HANDED TO THE

ACCUSED

Certified that I 92 ........................................................................
...................................................................................................
on the.......................................day of.................................19....
handed to the accused 93 .............................................................
a copy of the abstract of evidence relating to him dated
the................................day of ......................................19..........
and duly cautioned him in accordance with Rule of Procedure
10(2) and that/on
the........................................day of ....................................19....


88 Where an accused has made a written statement to a witness and that statement is

produced by the witness it is not included in the number of statements but is treated as an
exhibit.

89 Strike out any reference to statements or precis which are not applicable.
90 Insert name and rank of the officer making the abstract.
91 Insert name and rank of the officer making the abstract.
92 Insert rank, name and unit of officer signing the certificate.
93 Insert pay number, rank, name unit or other description of the accused.

DEFENCE [CH.211 – 75


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



he elected to make and sign the statement which is marked
................................. and attached to this certificate/ /he did not
make a statement/.
/The accused submitted ...............................................................
statements of evidence for the defence which are marked
.......................................................................... /respectively/and
attached to this certificate/.
Dated ......................19........... ..................................................

(Signature of certifying officer)


SIXTH SCHEDULE (Rule 16)

ILLUSTRATION OF CHARGES
Section 44

IMPROPERLY LEAVING HIS SHIP CONTRARY TO
SECTION 44(b) OF THE DEFENCE ACT

in that he
at.......................................... on ...................................................
improperly left Her Majesty’s Bahamian Ship Flamingo.



Section 78
COMMITTING A CIVIL OFFENCE CONTRARY TO

SECTION 78 OF THE DEFENCE ACT, THAT IS TO SAY
MURDER CONTRARY TO SECTION 291 OF THE PENAL

CODE (CHAPTER 84)
in that he
at ........................................... on ................................................
murdered John Bull.



SEVENTH SCHEDULE (Rule 20)

SUMMONS TO A WITNESS TO ATTEND THE TAKING
OF A SUMMARY OF EVIDENCE OR SUMMARY TRIAL
To ............................................................................................. 94
WHEREAS a charge has been preferred against ..................... 95


94 Insert name and address of the person to whom the summons is to be sent.
95 Insert pay number, rank, name, unit or other description of the accused.

CH.211 – 76] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]


96+ AND WHEREAS I have directed a summary of the
evidence to be taken at
.............. 97 on the..................day of..................................19........
98+ AND WHEREAS the charge is to be tried by me at
................................................................................................... 99
on the............................day of..................................19................
YOU ARE PURSUANT TO SECTION 133 OF THE DEFENCE
ACT AND RULE 20 OF THE DEFENCE RULES OF
PROCEDURE (PART I) MADE THEREUNDER HEREBY
SUMMONED and required to attend as a witness the taking of
the said/summary of evidence/trial/at...................................... 100
on the.................day of..................19.... at .................... o’clock
in the morning/afternoon/ and to bring with you the documents
hereinafter mentioned viz: 101 ......................................................
......................................................................................................
......................................................................................................
Whereof you shall fail at your peril.
Given under my hand at........................on the.......................day
of.................................................................................19..............
.....................................................

(Signature, rank and unit)
Commanding officer of the accused



DEFENCE RULES OF PROCEDURE (PART II)

(SECTION 133)
[Commencement 20th September, 1984]

1. These Rules may be cited as the Defence Rules of
Procedure (Part II).

2. In these Rules, unless the context otherwise
require —


96 Delete as appropriate.
97 Insert the place where the summary of evidence is to be taken or trial held.
98 Delete as appropriate.
99 Insert the place where the summary of evidence is to be taken or trial held.
100 Insert the place where the summary of evidence is to be taken or trial held.
101 Specify the documents (if any) which the witness is to bring. If the witness is not

required to bring any documents, strike out the words relating to documents.

S.I. 54/1985

Citation.

Interpretation.

Related Laws