Defence Rules of Procedure (Part II)


Published: 1984-09-20

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Defence Rules of Procedure (Part II)
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.

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

“attorney” means a counsel and attorney for the time
being authorised to practise as a counsel and
attorney of the Supreme Court;

“convening officer” means Commander Defence
Force;

“shorthand writer” means any person appointed to
record verbatim, by whatever means, the
proceedings of a court-martial.

Preparation of Charge-Sheets and Framing of Charges
3. (1) A charge-sheet shall contain the whole of the

issue or issues to be tried at one time and may contain
more than one charge if the charges are founded on the
same facts or form or are part of a series of offences of the
same or similar character:

Provided that charges under section 43(1), section
44, section 59(1) (where the charge is connected with a
charge under either of the before-mentioned sections) or
section 64 of the Act may be included in any charge-sheet.

(2) Every charge-sheet shall in its layout follow the
appropriate illustration given in the First Schedule.

(3) The commencement of each charge-sheet shall
state the pay number, rank, name and unit of the accused
and show by an express averment that he is subject to
service law.

4. (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 charged in the
alternative in the same charge and when charges are laid in
the alternative they should be set out in order of gravity
commencing with the most serious.

(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.

Charge-Sheets.

First Schedule.

Charges.

CH.211 – 78] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

5. (1) Any number of accused may be charged
jointly in the same charge-sheet with offences alleged to
have been committed by them separately if the acts on
which the charges are founded are so connected that it is in
the interests of justice that they be tried together.

(2) Any number of accused may be charged jointly
in one charge for an offence alleged to have been
committed by them jointly and, where so charged, any one
or more of such accused may at the same time be charged
in the same charge-sheet with any other offence alleged to
have been committed by him or them individually or
jointly:

Provided that such charges could, if the accused to
whom they relate had been tried separately, have been
included under rule 3(1) in the same charge-sheet as the
other charges against him.

6. In the construction of a charge-sheet or 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.

Joint Charges.

Construction of
charges and
charge-sheets.

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Duties of Convening Officer
7. If the convening officer decides that the accused

shall be tried by court-martial he shall —
(a) ensure that the accused has been remanded for

trial by court-martial by his commanding
officer;

(b) direct upon what charges the accused is to be
tried;

(c) if he is of the opinion that charges should be put
in separate charge-sheets, so direct, and direct
the order in which they are to be tried;

(d) direct, if there is more than one accused,
whether the accused are to be tried jointly or
separately; and

(e) draw up, with the advice of the Department of
Legal Affairs, the appropriate charge-sheet or
charge-sheets.

8. When convening a court-martial the convening
officer shall —

(a) issue a convening order in the appropriate form
set out in the Second Schedule;

(b) appoint the president and members of the court
and any waiting members in accordance with
rule 9;

(c) if convening a court-martial at which he con-
siders there should be a judge advocate, appoint
such judge advocate or take the necessary steps
to procure the appointment of a judge advocate
by the Minister;

(d) appoint an officer subject to service law or
attorney assisted by such an officer to prosecute
or detail a commanding officer to appoint an
officer subject to service law to prosecute:

Provided that the convening officer may
appoint two such attorneys or officers to
prosecute if he thinks fit;

(e) appoint such officer of the court, court orderly,
interpreter, shorthand writer or other person he
considers necessary for the efficient conduct of
the proceedings;

(f) appoint the date, time and place for the trial;

Duties in relation
to charge-sheets.

Duties of
convening officer
when convening
courts-martial.

Second Schedule.

CH.211 – 80] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(g) send to the president the charge-sheet, and the
convening order and in any case in which a judge
advocate has not been appointed a copy of the
summary or abstract of evidence from which any
evidence which in his opinion would be inad-
missible under the Act at the court-martial has
been expurgated;

(h) send to each member of the court and to each
waiting member a copy of the charge-sheet;

(i) send to the prosecutor copies of the charge-sheet
and convening order and the original summary
or abstract of evidence together with —

(i) an unexpurgated copy of the summary or
abstract of evidence showing any passages
of it which in his opinion would be
inadmissible — under the Act at the court-
martial, and

(ii) where a judge advocate has been appointed,
a copy of the summary or abstract of
evidence from which such passages have
been expurgated;

(j) send to the judge advocate (if any) copies of the
charge-sheet and convening order and an un-
expurgated copy of the summary or abstract of
evidence showing any passages of it which, in
his opinion, would be inadmissible under the
Act at the court-martial;

(k) ensure that the accused is given a proper
opportunity to prepare his defence in accordance
with rule 11; and

(l) take steps in accordance with rule 77 to procure
the attendance at the court-martial of all
witnesses to be called for the prosecution and all
witnesses whose attendance the accused has
reasonably requested in accordance with rule 11:

Provided that the convening officer may
require the accused to defray or to undertake to
defray, as the convening officer thinks fit, the
cost of the attendance of a witness whose
attendance he has requested and if the accused
refuses to defray or to undertake to defray, as the
case may be, such cost, the convening officer
shall be obliged to take any further steps to
procure the attendance of that witness.

DEFENCE [CH.211 – 81


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9. The convening officer shall —
(a) appoint the president of a court-martial by name

and appoint the members either by name or by
detailing a commanding officer to appoint an
officer of a specified rank; and

(b) appoint such waiting members as he thinks
expedient either by name or by detailing a
commanding officer to appoint an officer of a
specified rank.

10. (1) Subject to rule 67, any officer subject to
service law, may, by direction of the convening officer or
at the discretion of the president, remain with a court-
martial throughout the proceedings as an officer under
instruction.

(2) An officer under instruction, although allowed
to be present in closed court, shall take no part in any of
the deliberations or decisions of the court.

11. The convening officer shall ensure that —
(a) an accused who has been remanded far trial by

court-martial, shall be afforded a proper oppor-
tunity for preparing his defence and shall be
allowed proper communication with his defend-
ing officer or attorney and with his witnesses;

(b) a defending officer or attorney shall be ap-
pointed to defend an accused who has been
remanded for trial by court-martial, unless the
accused states in writing that he does not wish
such an appointment to be made;

(c) if the prosecution is to be undertaken by a
legally qualified officer or by an attorney, the
accused shall be notified of this fact in sufficient
time to enable him, if he so desires and it is
practicable, to make arrangements for a legally
qualified officer or attorney to defend him;

(d) as soon as practicable after an accused has been
remanded for trial by court-martial and in any
case not less than twenty-four hours before his
trial, he shall be given —

(i) a copy of the charge-sheet;
(ii) an unexpurgated copy of the summary or

abstract of evidence showing the passages
(if any) which have bees expurgated in any
copy sent to the president;

Appointment of
president and
members.

Officers under
instruction.

Preparation of
defence.

CH.211 – 82] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(iii) notice of any additional evidence which
the prosecution intends to adduce; and

(iv) if the accused so requires, a list of the
ranks, names and units of the president
and members who are to form the court
and of any waiting members;

(e) when an accused is given a copy of the charge-
sheet and of the summary or abstract of evidence
in accordance with this rule, he shall —

(i) if necessary, have the charge explained to
him; and

(ii) be informed that, upon his making a
written request to his commanding officer
not less than twenty-four hours before his
trial requiring the attendance at his trial of
any witness (other than a witness for the
prosecution) whom he desires to call in his
defence (such witness to be named by
him), reasonable steps will be taken in
accordance with these Rules to procure the
attendance of such witness at his trial;

(f) when an accused is served with a copy of a
statutory declaration which the prosecutor
proposes to hand to the court in accordance with
section 102(2) of the Act, he shall be informed
of his right under the said section to require that
oral evidence shall be given in lieu of such
written evidence;

(g) when it is intended to try two or more accused
jointly, notice of this fact shall be given to each
such accused when he is given a copy of the
charge-sheet; and any such accused may, before
trial, by written notice to the convening officer,
claim to be tried separately on the ground that he
would be prejudiced in his defence if he were
not tried separately; and in such case the
convening officer shall, if he is of the opinion
that the interests of justice so require, direct that
the accused who has so claimed shall be tried
separately; and

(h) when a charge-sheet contains more than one
charge, the accused may, before trial, by written
notice to the convening officer claim to be tried

DEFENCE [CH.211 – 83


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separately on any charge in that charge-sheet on
the ground that he would be prejudiced in his
defence, and in such case the convening officer
shall, if he is of the opinion that the interests of
justice so require, direct that the accused shall be
tried separately on that charge.

Assembly and Swearing of Court
12. (1) Upon a court-martial assembling, the court

shall, before opening, satisfy itself —
(a) that the court has been convened in accordance

with the Act and these Rules;
(b) that the court consists of not less than the legal

minimum of members;
(c) that the president and members are of the

required rank and that, in the cases specified in
section 92 of the Act, a justice of the Supreme
Court has been appointed as president;

(d) that the president and members have been duly
appointed and are not disqualified under the Act;

(e) if there is a judge advocate, that he has been
duly appointed;

(f) that the accused appears from the charge sheet to
be subject to service law and to be subject to the
jurisdiction of the court; and

(g) that each charge is on its face correct in law and
framed in accordance with these Rules.

(2) Where a vacancy occurs through a member of
the court being disqualified under the Act or being absent
when the court assembles, the president may appoint a duly
qualified waiting member to fill that vacancy; and the
president may, if the interests of justice so require,
substitute a duly qualified waiting member for a member
appointed by the convening officer.

(3) If the court is not satisfied on any of the matters
mentioned in paragraph (1), and is not competent to rectify
such matter itself under the Act or these Rules, it shall,
before commencing the trial, report to the convening officer.

Preliminary
matters to be
considered by
court and
beginning of
trial.

CH.211 – 84] DEFENCE





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(4) When the court has complied with this rule and
is ready to proceed with the trial, the president shall open
the court and the trial shall begin.

13. (1) The order convening the court and the names
of the members appointed to try the accused shall be read
in the hearing of the accused who shall be given an
opportunity to object to any of those members in
accordance with section 95 of the Act.

(2) When a court is convened to try more than one
accused, whether separately or jointly, each accused shall
be given an opportunity to object to any member of the
court in accordance with the preceding paragraph and shall
be asked separately whether he has any such objection.

(3) An accused shall state the names of all the
members to whom he objects before any objection is
disposed of.

(4) If more than one member is objected to, the
objection to each member shall be disposed of separately
and the objection to the lowest in rank shall be disposed of
first, except where the president is objected to, in which
case the objection to him shall be disposed of before the
objection to any other member.

(5) An accused may make a statement and call any
person to make a statement in support of his objection.

(6) A member to whom the accused has objected
may state in open court anything relevant to the accused’s
objection whether in support or in rebuttal thereof.

(7) An objection to a member shall be considered in
a closed court by all the other members of the court
including any member who has been appointed by the
president in accordance with paragraph (9) in place of a
member who has retired.

(8) When an objection to a member is allowed that
member shall forthwith retire and take no further part in
proceedings.

(9) When a member objected (other than the
president) retires and there is a duly qualified waiting
member in attendance, the president shall immediately
appoint him to take the place of the member who has
retired.

Objections to the
court.

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(10) The court shall satisfy itself that a waiting
member who takes the place of a member of the court is of
the required rank and not disqualified under the Act and
shall give the accused an opportunity to object to him and
shall deal with any such objection in accordance with this
rule.

(11) If an objection to the president is allowed, the
court shall report to the convening officer without
proceeding further with the trial.

(12) If as the result of the allowance of an objection
to a member there are insufficient members available to
form a court in compliance with the Act, the court shall
report to the convening officer without proceeding further
with the trial and the convening officer may either appoint
another member to fill the vacancy of convene a fresh
court to try the accused.

14. (1) Immediately after rule 13 has been complied
with, an oath shall be administered to the president and
each member of the court in accordance with rule 20 and in
the presence of the accused.

(2) If there is a judge advocate, the oath shall be
administered by him to the president first and afterwards to
each member of the court and if there is no judge advocate,
the oath shall be first administered by the president to the
members of the court and then to the president by any
member of the court already sworn.

(3) A court may be sworn at one time to try any
number of accused then present before it, whether they are
to be tried jointly or separately.

(4) When a court is convened to try two or more
accused separately and one accused objects to the president
or to any member of the court, the court may, if it thinks
fit, proceed to determine that objection in accordance with
rule 13, or postpone the trial of that accused and swear the
court for the trial of the other accused only.

15. After the court has been sworn, an oath shall be
administered to the judge advocate (if any) in accordance
with rule 20 and in the presence of the accused.

16. After rule 14 and, where necessary, rule 15 have
been complied with, an oath shall be administered to any
officer under instruction in accordance with rule 20 and in
the presence of the accused.

Swearing of
court.

Swearing of
judge advocate.

Swearing of
officers under
instruction.

CH.211 – 86] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

17. (1) A competent and impartial person may be
appointed at any time by the convening officer or the
president to act as an interpreter or shorthand writer at a
trial by court-martial, and before he so acts, an oath shall
be administered to him in accordance with rule 20 and in
the presence of the accused.

(2) Before such a person so acts, the accused shall
be given an opportunity to object to him in the same
manner as an objection may be taken, to a member of the
court and, if the court thinks that the objection is
reasonable, that person shall not so act.

18. The accused shall have no right to object to the
judge advocate, prosecutor or any officer under instruc-
tion.

19. (1) When a court has been convened to try two or
more accused separately and has been sworn in accordance
with rule 14(3), the court shall try them in the order
indicated by the convening officer or, where he has given no
such indication, in such order as the court thinks fit.

(2) When a court has been convened to try an accused
on charges which are included in more than one charge sheet,
the court shall take the charge-sheets in the order indicated by
the convening officer or, where he has given no such
indication, in such order as the court thinks fit.

20. (1) An oath which is required to be administered
under these Rules shall be administered in the appropriate
form and in the manner set out in the Nineteenth Schedule:

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

(2) Subject to rule 14(2), every oath shall be
administered at a court-martial by the president, a member
of the court or the judge advocate.

(3) Where a person is a child or young person, the
oath shall be in the appropriate form set out in the
Nineteenth Schedule.

(4) Where 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 Nineteenth
Schedule.

Appointment
and swearing of,
and objections
to, interpreters
and shorthand
writers.

No right of
objection to
judge advocate,
prosecutor. and
officer under
instruction.
Order of trials.

Oaths and
solemn
affirmations.
Nineteenth
Schedule.

Nineteenth
Schedule.

Nineteenth
Schedule.

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Arraignment of Accused
21. (1) After rule 14 and, where necessary, rules 15

to 17 and 19 have been complied with, the accused shall be
arraigned.

(2) If there is more than one charge against the
accused before the court he shall be required to plead
separately to each charge.

(3) If there is more than one charge-sheet against the
accused before the court, the court shall arraign and try the
accused upon the charge in the first of such charge sheets
and shall announce its finding thereon and if the accused has
pleaded guilty, the court may either proceed to comply with
paragraphs (1) and (2) of rule 31 before it arraigns him upon
the charge in any subsequent charge-sheet or it may defer
compliance with those paragraphs until after the accused has
been arraigned and tried upon such charge.

22. (1) The accused, before pleading to the charge,
may offer a plea to the jurisdiction of the court and if he
does so —

(a) the accused may adduce evidence in support of
the plea and the prosecutor may adduce
evidence in answer thereto; and

(b) the prosecutor may address the court in answer
to the plea and the accused may reply to the
prosecutor’s address.

(2) If the court allows the plea, it shall adjourn and
report to the convening officer.

(3) When a court reports to the convening officer
under this rule, the convening officer shall —

(a) if he approves the decision of the court to allow
the plea, dissolve the court; and

(b) if he disapproves the decision of the court —
(i) refer the matter back to the court and

direct it to proceed with the trial; or
(ii) convene a fresh court to try the accused:

Provided that he shall not disapprove the
decision of the court where the president is a
justice of the Supreme Court.

Arraignment of
accused.

Plea to the
jurisdiction of the
court.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

23. (1) An accused before pleading to a charge, may
object to it on the grounds that it is not correct in law or is
not framed in accordance with these Rules, and if he does
so, the prosecutor may address the court in answer to the
objection and the accused may reply to the prosecutor’s
address.

(2) If the court upholds the objection, it shall either
amend the charge, if permissible under rule 69, or adjourn
and report to the convening officer:

Provided that if there is another charge or another
charge-sheet before the court, the court may, before
adjourning under this rule, proceed with the trial of such
other charge or other charge-sheet.

(3) When a court reports to the convening officer
under this rule, the convening officer shall —

(a) if he approves the decision of the court to allow
the objection —

(i) dissolve the court; or
(ii) where there is another charge or another

charge-sheet before the court to which the
objection does not relate and which the
court has not tried, direct the court to
proceed with the trial of such other charge
or charge-sheet only; or

(iii) amend the charge to which the objection
relates if permissible under rule 70, and
direct the court to try it as amended; and

(b) if he disapproves the decision of the court to
allow the objection —

(i) direct the court to try the charge, or
(ii) where there is another charge or another

charge-sheet before the court to which the
objection does not relate and which the
court has not tried, direct the court to
proceed with the trial of such other charge
or charge-sheet only; or

(iii) convene a fresh court to try the accused:
Provided that he shall not disapprove the

decision of the court where the president is a
justice of the Supreme Court.

Objection to
charge.

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24. (1) An accused before pleading to a charge, may
offer a plea in bar of trial in reliance upon section 125 of
the Act and if he does so —

(a) the accused may adduce evidence in support of
the plea and the prosecutor may adduce evidence
in answer thereto; and

(b) the prosecutor may address the court in answer
to the plea and the accused may reply to the
prosecutor’s address.

(2) If the court allows the plea referred to in
paragraph (1) it shall adjourn and report to the convening
officer:

Provided that if there is another charge or another
charge-sheet before the court, the court may, before
adjourning under this rule, proceed with the trial of such
other charge or other charge-sheet.

(3) When a court reports to the convening officer
under this rule, the convening officer shall —

(a) if he approves the decision of the court to allow
the plea —

(i) dissolve the court; or
(ii) where there is another charge or another

charge-sheet before the court to which the
plea does not relate and which the court
has not tried, direct the court to proceed
with the trial of such other charge or
charge-sheet only; and

(b) if he disapproves the decision of the court to
allow the pIea —

(i) direct the court to try the charge; or
(ii) where there is another charge or another

charge-sheet before the court to which the
plea does not relate and which the court
has not tried, direct the court to proceed
with the trial of such other charge or
charge-sheet only; or

(iii) convene a fresh court to try the accused:
Provided that he shall not disapprove the

decision of the court where the president is a
justice of the Supreme Court.

Plea in bar of
trial.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

25. Where two or more accused are charged jointly,
or are charged in the same charge-sheet with offences
alleged to have been committed by them separately, any
one of the accused may, before pleading to the charge or
charges, apply to the court to be tried separately on the
ground that he would be prejudiced in his defence if he
were not tried separately; and if the accused makes such an
application, the prosecutor may address the court in answer
thereto and the accused may reply to the prosecutor’s
address; and if the court is of the opinion that the interests
of justice so require, it shall allow the application and try
separately the accused who made it.

26. Where a charge-sheet contains more than one
charge, the accused may, before pleading to the charges,
apply to the court to be tried separately on any charge in
that charge-sheet on the ground that he would be
prejudiced in his defence if he were not tried separately on
that charge; and if the accused makes such an application,
the prosecutor may address the court in answer thereto and
the accused may reply to the prosecutor’s address; and if
the court is of the opinion that the interests of justice so
require, it shall allow the application and try the accused
separately on the charge to which it relates as if that charge
had been inserted in a separate charge-sheet.

27. (1) After any pleas under rules 22 and 24, any
objection under rule 23, and any applications under rules
25 and 26 have been dealt with, the accused shall be
required (subject to paragraph (2) of this rule) to plead
either guilty or not guilty to each charge on which he is
arraigned.

(2) Where a court is empowered by section 101 of
the Act to find an accused guilty of an offence other than
that charged or guilty of committing the offence in
circumstances involving a less degree of punishment or
where it could, after hearing the evidence, make a special
finding of guilty subject to exceptions or variations in
accordance with rule 52, the accused may plead guilty to
such other offence or to the offence charged as having been
committed in circumstances involving a less degree of
punishment or to the offence charged subject to such
exceptions or variations.

Application by
an accused at a
joint trial to be
tried separately.

Application by
an accused at a
trial to have a
charge tried
separately.

Pleas to the
charge.

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28. (1) If an accused pleads guilty to a charge under
either paragraph (1) or paragraph (2) of rule 27, the
president or judge advocate shall, before the court decides
to accept the plea, explain to the accused the nature of the
charge and general effect of his plea and in particular the
difference in procedure when an accused pleads guilty and
when an accused pleads not guilty.

(2) A court shall not accept a plea of guilty under
either paragraph (1) or paragraph (2) of rule 27 if —

(a) the court is not satisfied that the accused
understands the nature of the charge or the effect
of his plea; or

(b) the president, having regard to all the circum-
stances, considers that the accused shouId plead
not guilty; or

(c) the accused is liable, if convicted, to be sentenced
to death.

(3) In the case of a plea of guilty under rule 27(2), a
court shall also not accept the plea unless the convening
officer concurs and it is satisfied of the justice of such
course; and the concurrence of the convening officer may
be signified by the prosecutor.

(4) When a plea of guilty under either paragraph (1)
or paragraph (2) or rule 27 is not accepted by the court or
the accused either refuses to plead to the charge or does not
plead to it intelligibly, the court shall enter a plea of not
guilty.

(5) When a court is satisfied that it can properly
accept a plea of guilty under either paragraph (1) or
paragraph (2) of rule 27 it shall record a finding of guilty in
respect thereof.

29. (1) When an accused pleads guilty to the first of
two or more alternative charges, the court, if it accepts the
accused’s plea of guilty, shall record a finding of guilty in
respect of the first charge and the prosecutor shall
withdraw any alternative charge before the accused is
arraigned on it.

(2) When an accused pleads guilty to one of two or
more charges which are laid in the alternative other than
the first of such charges, the court may:

(a) proceed as if the accused had pleaded not guilty
to all the charges; or

Acceptance of
pleas of guilty.

Pleas on
alternative
charges.

CH.211 – 92] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) with the concurrence of the convening officer
(which may be signified by the prosecutor),
record a finding of guilty on the charge to which
the accused has pleaded guilty and a finding of
not guilty on any alternative charge which is
placed before it in the charge-sheet; and where
the court records such findings, the prosecutor
shall, before the accused is arraigned on it,
withdraw any charge which is alternative to the
charge of which the court has found the accused
guilty and which is placed after it in the charge-
sheet.

Procedure after Recording a Finding of Guilty
30. After the court has recorded a finding of guilty,

if there is no other charge in the same charge-sheet to
which the accused has pleaded not guilty and no other
accused who has pleaded not guilty to a charge in that
charge-sheet, it shall proceed with the trial as directed by
rule 31; and if there is another charge in the charge-sheet to
which the accused has pleaded not guilty or there is
another accused who has pleaded not guilty to a charge in
the charge sheet, the court shall not comply with rule 31
until after it has dealt with such other charge or tried such
other accused and has announced and recorded its finding
in respect thereof.

31. (1) After the court has recorded a finding of
guilty in respect of a charge to which an accused pleaded
guilty, the prosecutor shall, subject to rule 30, read the
summary or abstract of evidence to the court or inform the
court of the facts contained therein:

Provided that if the summary or abstract of evidence
contains evidence which, in the opinion of the convening
officer, is inadmissible under the Act, the prosecutor shall
not read to the court those parts of the summary or abstract
which are inadmissible or inform the court of the facts
contained in those parts, and shall not hand the original
summary or abstract to the court until the trial is
concluded.

(2) If there is no summary or abstract of evidence or
the summary or abstract is, in the opinion of the court,
inadequate or incomplete, the court shall hear and record in
accordance with these Rules sufficient evidence to enable
it to determine the sentence.

Order of trial
where pleas of
guilty and not
guilty.

Procedure on
finding of guilty
after plea of
guilty.

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(3) After paragraphs (1) and (2) of this rule have
been complied with, the accused may:

(a) adduce evidence of character and in mitigation
of punishment; and

(b) address the court in mitigation of punishment.
(4) After paragraph (3) of this rule had been complied

with the court shall proceed as directed in rule 57(1), (2), (3),
and (4).

Changes of Plea
32. (1) An accused who has pleaded not guilty may,

at any time before the court closes to deliberate on that
finding, withdraw his plea of not guilty and substitute a
plea of guilty (including a plea of guilty under rule 27(2)
and in such ease the court shall, if it is satisfied that it can
accept the accused’s changed plea under this rule, record a
finding in accordance with the accused’s change of plea
and so far as is necessary proceed as directed by rule 31.

(2) If at any time during the trial it appears to the
court that an accused who has pleaded guilty does not
understand the effect of his plea or the nature of the charge,
the court shall enter a plea of not guilty and proceed with
the trial accordingly.

(3) When a court enters a plea of not guilty in
respect of any charge under paragraph (2) of this rule, it
shall, if there was a charge laid in the alternative therein
which the prosecutor withdrew under rule 29, reinstate
such alternative charge, arraign the accused thereon and
proceed with the trial as if it had never been withdrawn.

Procedure on Pleas of Not Guilty
33. After a plea of not guilty to any charge has been

entered —
(a) the court shall ask the accused whether he wishes

to apply for an adjournment on the ground that any
of these Rules relating to procedure before trial
have not been complied with and that he has been
prejudiced thereby or on the ground that he has not
had sufficient opportunity for preparing his
defence;

Changes of plea.

Application for
adjournment of
trial.

CH.211 – 94] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) if the accused applies for an adjournment —
(i) the accused may adduce evidence in support

of his application and the prosecutor may
adduce evidence in answer thereto; and

(ii) the prosecutor may address the court in
answer to the application and the accused
may reply to the prosecutor’s address; and

(c) the court may grant an adjournment if it thinks
the interests of justice so require.

34. (1) The prosecutor may, if he desires, and shall, if
required by the court, make an opening address explaining
the charge, where necessary, and the nature and general
effect of the evidence which he proposes to adduce.

(2) The witnesses for the prosecution shall then be
called and give their evidence.

35. If the prosecutor intends to adduce evidence
which is not contained in any summary or abstract of
evidence, notice of such intention together with the
particulars of the evidence shall, when practicable, be
given to the accused a reasonable time before the evidence
is adduced; and if such evidence is adduced without such
notice or particulars having been given, the court may, if
the accused so desires, either adjourn after receiving the
evidence or allow any cross-examination arising out of that
evidence to be postponed, and the court shall inform the
accused of his right to apply for such an adjournment or
postponement.

36. (1) The prosecutor shall not be bound to call all
the witnesses against the accused whose evidence is
contained in the summary or abstract of evidence nor a
witness whom he has notified the accused that he intends
to call under rule 35, but if the prosecutor does not intend
to call such a witness to give evidence, he shall either
tender him for cross-examination by the accused, or give
the accused reasonable notice that he does not intend to
call the witness and that the accused will be allowed to
communicate with him and to call him as a witness for the
defence, if he so desires and if the witness is available.

(2) Nothing in this rule affects the operation of
section 102 of the Act.

Case for the
prosecution.

Calling of
witnesses whose
evidence is not
contained in
summary or
abstract of
evidence.

Notice to an
accused that a
witness will not
be called by the
prosecutor.

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Calling and Examination of Witnesses
37. Save as is otherwise provided by the Act, an

oath shall be administered to each witness in accordance
with rule 20 before he gives evidence and in the presence
of the accused.

38. During trial, a witness other than the prosecutor
or accused, shall not, except by leave of the court, be in
court before being called to give evidence and if while he
is under examination a discussion arises as to the
allowance of a question or otherwise with regard to the
evidence, the court may direct the witness to withdraw
during such discussion.

39. (1) A witness may be examined by the person
calling him and may be cross-examined by the opposite
party to the proceedings and, on the conclusion of any such
cross-examination, may be re-examined by the person who
called him on matters arising out of the cross-examination.

(2) The person examining a witness shall put his
questions to the witness orally and, unless an objection is
made by the witness, court, judge advocate, prosecutor or
by the accused, the witness shall reply forthwith; and if
such an objection is made, the witness shall not reply until
the objection has been disposed of.

(3) The court may allow the cross-examination or
re-examination of a witness to be postponed.

40. (1) The president, the judge advocate and, with
permission of the president, any member of the court may
put questions to a witness.

(2) Upon any such question being answered, the
prosecutor and the accused may put to the witness such
questions arising from the answer which he has given as
seem proper to the court.

41. (1) The record which has been made of the
evidence given by a witness, shall be read back to him
before he leaves the court and, when this is done, he may
ask for the record to be corrected or explain the evidence
which he has given; and if any such correction is made or
explanation given, the prosecutor and the accused may put
such questions to the witness respecting the correction or
explanation as seems proper to the court.

Swearing of
witnesses.

Exclusion of
witnesses from
court.

Examination of
witnesses.

Examination of
witnesses by
court.

Reading back of
evidence to
witnesses.

CH.211 – 96] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) When a shorthand writer has been employed it
shall not be necessary to comply with paragraph (1) of this
rule, if, in the opinion of the court and the judge advocate
(if any), it is unnecessary to do so:

Provided that if any witness so demands paragraph
(1) of this rule shall be complied with.

42. (1) The court may, at any time before it closes to
deliberate on its finding or if there is a judge advocate
before he begins to sum up, call a witness or recall a
witness, if in the opinion of the court it is in the interests of
justice to do so; and if the court calls a witness or recalls a
witness under this rule, the prosecutor and the accused may
put such questions to the witness as seem proper to the
court.

(2) The prosecutor and the accused may, at any time
before the court closes to deliberate on its finding or if
there is a judge advocate before he begins to sum up, recall
a witness by leave of the court and the prosecutor and the
accused may put such questions to the witness as seem
proper to the court.

43. A statutory declaration which is admissible in
accordance with the provisions of section 102(2) of the
Act, shall be handed to the court by the prosecutor or the
accused, as the case may be, without being produced by a
witness.

Submission of No Case to Answer and Stopping of Cases
44. (1) At the close of the case for the prosecution

the accused may submit to the court in respect of any
charge that the prosecution has failed to establish a prima
facie case for him to answer and that he should not be
called upon to make his defence to that charge; and if the
accused make such a submission, the prosecutor may
address the court in answer thereto and the accused may
reply to the prosecutor’s address.

(2) The court shall not allow the submission unless
it is satisfied that —

(a) the prosecution has not established a prima facie
case on the charge as laid; and

(b) it is not open to it on the evidence adduced to
make a special finding under either section 101 of
the Act or rule 52(3).

Calling of
witnesses by
court and
recalling of
witnesses.

Statutory
declarations.

Submission of no
case to answer
and power of
court to stop a
case.

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(3) If the court allows the submission, it shall find
the accused not guilty of the charge to which it relates and
announce this finding in open court forthwith; if the court
disallows the submission, it shall proceed with the trial of
the offence as charged.

(4) Irrespective of whether there has been a
submission under this rule or not, the court may at any time
after the close of the hearing of the case far the
prosecution, and after hearing the prosecutor, find the
accused not guilty of a charge, and if it does so it shall also
announce such finding in open court forthwith.

Case for the Defence
45. (1) After the close of the case for the

prosecution, the president or judge advocate (if any) should
explain to the accused that —

(a) if he wishes, he may give evidence on oath as a
witness or make a statement without being
sworn, but that he is not obliged to do either;

(b) if he gives evidence on oath, he will be liable to
be cross-examined by the prosecutor and to be
questioned by the court and the judge advocate
(if any) but that, if he makes a statement without
being sworn, no one will be entitled to ask him
any questions; and

(c) whether he gives evidence or makes a statement
or remains silent, he may call witnesses on his
behalf both to the facts of the case and to his
character.

(2) After the president or judge advocate has
complied with paragraph (1) of this rule, he shall ask the
accused if he intends to give evidence on oath or to make a
statement without being sworn and if he intends to call any
witness on his behalf and, if so, whether he is a witness to
fact or to character only.

(3) If the accused intends to call a witness to the
facts of the case other than himself, he may make an
opening address outlining the case for the defence before
the evidence for the defence is given.

46. (1) After rule 45 has been complied with, the
witnesses for the defence (if any) shall be called and give
their evidence.

Explanation to
accused of his
rights when
making his
defence.

Evidence for the
defence.

CH.211 – 98] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Rules 37, 38, 39, 40, 41, 42 and 43 shall apply to
the witnesses and the evidence for the defence as they
apply to the witnesses and the evidence for the prosecution.

47. After the witnesses for the defence have given
their evidence, the prosecutor may, by leave of the court,
call a witness or recall a witness to give evidence on any
matter raised by the accused in his defence which the
prosecution could not properly have mentioned to the court
before the accused disclosed his defence or which the
prosecution could not reasonably have foreseen.

48. (1) After all the evidence has been given, the
prosecutor and the accused may each make a closing
address to the court.

(2) The accused shall be entitled to make his closing
address after the closing address by the prosecutor.

(3) Where two or more accused are represented by
the same defending officer or attorney, he may make one
closing address only.

(4) Where the accused is not represented by a
defending officer or attorney, then, whether or not he
himself has given evidence, the prosecutor shall not make a
closing address unless the accused has called witnesses as
to the facts of the case.

49. For the purposes of rules 45, 47 and 48, the
handing in by the accused of a statutory declaration shall
be treated as the calling of a witness by him.

Summing up by Judge Advocate
50. After the closing addresses, if there is a judge

advocate, he shall sum up the evidence and advise the court
on the law relating to the case in open court.

Deliberation on, and Announcement of, Finding of the
Charge

51. (1) After the closing addresses, or if there is a
judge advocate after his summing up, the court shall close
to deliberate on its finding on the charge.

Evidence in
rebuttal.

Closing
addresses.

Handing in of a
written statement
by the accused.

Summing up by
judge advocate.

Deliberation on
finding on the
charge.

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(2) While the court is deliberating on its finding on
the charge, no person shall be present except the president
and members of the court and any officer under instruction.

(3) If there is a judge advocate and the court, while
deliberating on its finding on the charge require further
advice from him, the court shall suspend its deliberation
and ask and be given such advice in open court.

52. (1) The opinion of the president and each member
as to the finding shall be given in closed court, orally, and on
each charge separately and their opinions shall be given in
order of seniority commencing with the junior in rank.

(2) Save as is otherwise provided in paragraph (4)
of this rule, the court shall record on every charge on
which a plea of not guilty has been recorded:

(a) a finding of guilty or special finding in accor-
dance with section 101 or 115(2) of the Act or
paragraph (3) of this rule; or

(b) a finding of not guilty or of not guilty and
honourably acquitted of the charge.

(3) Where the court is of the opinion as regards any
charge that the facts which it finds to be proved in evidence
differ from the facts alleged in the particulars of the charge,
but are nevertheless sufficient to prove the offence stated in
the charge and that the difference is not so material as to
have prejudiced the accused in his defence, the court may,
instead of recording a finding of not guilty, record a
finding that the accused is guilty of the charge subject to
any exception or variation which it shall specify in the
finding.

(4) Where the court has recorded a finding of guilty
on a charge which is laid in the alternative, it shall find the
accused not guilty of any charge alternative thereto which
is placed before it in the charge-sheet and record no finding
on any charge alternative thereto which is placed after it in
the charge-sheet.

53. (1) The finding of each charge shall be announced
in open court forthwith.

(2) Every finding of guilty shall be announced as
being subject to confirmation.

(3) The finding shall be in the appropriate form set
out in the Seventh Schedule.

Expressions of
opinions on, and
form of, finding.

Announcement
of finding.

Seventh
Schedule.

CH.211 – 100] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Procedure after Announcement of Finding
54. After the court has announced its finding on any

charge on which the court has entered a plea of not guilty,
if there is another charge in the same charge-sheet on
which the court has accepted a plea of guilty, the court
shall comply with rule 31 (1) and (2) in respect of that
charge before proceeding with the trial.

55. Where there is another charge-sheet against the
accused before the court, the court shall not comply with
rules 56, 57 and 58 until it has arraigned and tried the
accused and has complied with rule 53 and, if necessary,
with rule 54, in respect of each charge in such other charge
sheet unless that charge-sheet is withdrawn under rule 68.

56. If the findings on all charges against the accused
are not guilty, the court shall order the accused to be
released and the president and judge advocate (if any) shall
date and sign the record of the proceedings; and the
president or the judge advocate shall then forward it as
directed in the convening order.

57. (1) If the finding on the charge against the
accused is guilty, or the court makes a special finding in
accordance with section 101 of the Act or rule 52(3), the
court, before deliberating on its sentence, shall whenever
possible to take evidence of his age, rank and service
record; and such service record shall include —

(a) any recognised acts of gallantry or distinguished
conduct on the part of the accused and any
decoration to which he is entitled; and

(b) particulars of any offence of which the accused
has been found guilty during his service and
which is recorded in the personal file of the
accused, and of the length of time he has been
under arrest awaiting trial or in confinement
under current sentence.

(2) Evidence of the matters referred to in paragraph
(1) of this rule may be given by a witness producing to the
court a written statement containing a summary of the
entries in the personal file of the accused, after the witness
has in court verified such statement and identified the
accused as the person to whom it relates; and such
statement shall be in the form set out in the Ninth
Schedule.

Completion of
procedure on
plea of guilty
before
deliberation on
sentence.

Trial of charges
in other charge-
sheets before
deliberation on
sentence.

Release of
accused.

Accused’s record
and plea in
mitigation.

Ninth Schedule.

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(3) In addition to the evidence contained in the
statement referred to in paragraph (2) of this rule, it shall
be the duty of the prosecutor, whenever possible, to call as
a witness an officer to give to the court any information in
the possession of the service authorities regarding —

(a) the accused’s family background and responsi-
bilities and any other circumstances which may
have made him more susceptible to the commis-
sion of the offence charged;

(b) his general conduct in the service; and
(c) particulars of offences which do not appear in

the statement referred to, of which the accused
has been found guilty by a civil court not being
offences of which he was found guilty while
under the age of fourteen years:

Provided that the court shall not be informed
of any such civil offence unless the finding is
proved in accordance with section 185 of the
Act or the accused has admitted, after the
purpose for which such admission is required
has been explained to him, that he has been
found guilty of the offence.

(4) The accused may cross-examine any witness who
gives evidence in accordance with paragraphs (2) and (3) of
this rule and if the accused so requires the service books, or
a duly certified copy of the material entries therein, shall be
produced, and if the contents of the form are in any respect
not in accordance with the service books or such certified
copy, the court shall cause the form to be corrected
accordingly.

(5) After paragraphs (1), (2), (3) and (4) of this rule
have been complied with the accused may —

(a) give evidence on oath and call witnesses in
mitigation of punishment and to his character;
and

(b) address the court in mitigation of punishment.
58. (1) Before the court closes to deliberate on its

sentence, the accused may request the court to take into
consideration any other offence against the Act committed
by him of a similar nature to that of which he has been
found guilty, and, upon such request being made, the court
may agree to take into consideration any of such other
offences as to the court seem proper.

Request by
accused for other
offences to be
taken into
consideration.

CH.211 – 102] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) A list of the offences which the court agrees to
take into consideration shall be read to the accused by the
president or judge advocate, who shall ask the accused if
he admits having committed them, the accused shall sign a
list of the offences which he admits having committed and
the court shall take the offences in this list into
consideration and this list shall be signed by the president
or judge advocate and be attached to the record of the
proceedings as an exhibit.

Deliberation on Sentence
59. While the court is deliberating on its sentence,

no person shall be present except the president, members,
judge advocate (if any) and any officer under instruction.

60. (1) The court shall award one sentence in respect
of all the offences of which the accused is found guilty.

(2) The sentences awarded pursuant to paragraph (1),
shall be in the appropriate form set out in the Fifteenth
Schedule.

(3) Where the court makes an order under section
80(1) of the Act, the order shall be in the appropriate form
set out in the Sixteenth Schedule.

(4) Where the court makes a recommendation under
section 120(3) of the Act, the recommendation shall be in
the form set out in the Seventeenth Schedule.

(5) Where the court makes a restitution order under
section 127 of the Act, the order shall be in the form set out
in the Eighteenth Schedule.

(6) The opinion of the president and each member
as to the sentence shall be given orally and in closed court
and their opinions shall be given in order of seniority
commencing with the junior in rank.

(7) Then the court has agreed to take into considera-
tion an offence which is not included in the charge-sheet,
the court shall award a sentence appropriate both to the
offence of which the accused has been found guilty and to
the other offence which it is taking into consideration, but
not greater than the maximum sentence which may be
awarded under the Act for the offence of which the
accused has been found guilty, save that it may include in
its sentence a direction that such deductions shall be made


Persons entitled
to be present
during
deliberation on
sentence.
Sentence and
recommendation
to mercy.

Fifteenth
Schedule.

Sixteenth
Schedule.

Seventeenth
Schedule.

Eighteenth
Schedule.

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from the pay of the accused as it would have had the power
to direct to be made if the accused had been found guilty of
the offence taken into consideration as well as of the
offence of which he has been found guilty.

(8) The court may make a recommendation to
mercy and if it does so shall record in the proceedings its
reasons for making it.

61. Where two or more accused are tried separately
by the same court upon charges arising out of the same
transaction, the court may, if it thinks that the interests of
justice so require, postpone its deliberation upon the
sentence to be awarded to any one or more of such accused
until it has recorded and announced its findings in respect
of all such accused.

Announcement of Sentence and Conclusion of Trial
62. (1) The sentence, and any recommendation to

mercy together with the reasons for making it, shall be
announced in open court and the sentence shall also be
announced as being subject to confirmation.

(2) When paragraph (1) of this rule has been
complied with the president shall announce in open court
the trial is concluded.

(3) Immediately after the conclusion of the trial the
president and judge advocate (if any) shall date and sign
the record of the proceedings and the president or the judge
advocate shall then forward it as directed in the convening
order.

General Duties of the President, Prosecutor and the
Defending Officer or Attorney

63. It shall be the duty of the president to ensure that
the trial is conducted in accordance with the Act and these
Rules and in a manner befitting a court of justice and in
particular —

(a) to ensure that the prosecutor’ and the defending
officer or attorney conduct themselves in
accordance with these Rules;

(b) to ensure that the accused does not suffer any
disadvantage in consequence of his position as


Postponement of
deliberation on
sentence.

Announcement
of sentence and
conclusion of
trial.

General duties of
the president.

CH.211 – 104] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

such or of his ignorance or of his incapacity to
examine or cross-examine witnesses or to make
his own evidence clear and intelligible, or
otherwise;

(c) to ensure that an officer under instruction does
not express an opinion to the court on any matter
relating to the trial before the court has come to
its finding, nor on sentence before the court has
decided upon the sentence; and

(d) when there is no judge advocate present, to
ensure that a proper record of the proceedings is
made in accordance with rule 78 and that the
record of the proceedings and exhibits are
properly safeguarded in accordance with rule 80.

64. (1) It shall be the duty of the prosecutor and of
the defending officer or attorney to assist the court in the
administration of justice, to treat the court and judge
advocate with due respect and to present their cases fairly
and in particular —

(a) to conform with these Rules and the practice of
the civil courts in The Bahamas relating to the
examination, cross-examination and re-examina-
tion of witnesses;

(b) not to refer to any matter not relevant to the
charge before the court; and

(c) not to state as a matter of fact any matter which
is not proved or which they do not intend to
prove by evidence.

(2) Without prejudice to the generality of any of the
provisions of paragraph (1) of this rule, it shall be the duty
of the prosecutor to bring the whole of the transaction
before the court and not to take any unfair advantage of, or
to withold any evidence in favour of, the accused.

65. (1) Subject to these Rules, the following persons
shall be allowed appear as attorney at a court-martial —

(a) every person who is qualified as an attorney; and
(b) with the consent of the convening officer, any

person who is recognised by him as having in any
country or territory outside The Bahamas rights
and duties similar to those of an attorney in The
Bahamas, and as being subject to punishment or
disability for breach of professional rules.

General duties of
prosecutor and
defending officer
or attorney.

Attorney.

DEFENCE [CH.211 – 105


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) Any right granted by these Rules to the accused
at a court-martial to call or examine witnesses or to address
the court, any right of the accused to object to the
admissibility of evidence at a court-martial and any right
granted to the accused by rules 11(1)(e), (g) and (h) 13, 17,
22, 23, 24, 25, 26, 33, 44, 58, 66(2), 78 and 84(2) may be
exercised by his defending officer or his attorney on his
behalf, and any reference in these Rules to any address
request, application, claim, submission, objection or plea to
the jurisdiction or in bar of trial made, taken or offered at a
court-martial by the accused shall be construed as
including any address, request, application, claim,
submission, objection or plea to the jurisdiction or in bar of
trial made, taken or offered at a court-martial by his
defending officer or attorney on his behalf.

(3) If the accused is to be defended at his court
martial by an attorney not nominated by the convening
officer, the accused shall give the convening officer notice
of this fact not less than twenty-four hours before his trial.

Powers and Duties of the Judge Advocate
66. (1) The judge advocate shall be responsible for

the proper discharge of his functions to the Minister.
(2) The prosecutor and the accused respectively are,

at all times after the judge advocate is named to act at the
trial, entitled to his opinion on any question of law or
procedure relative to the charge or trial whether he is in or
out of court, subject when he is in court to the permission
of the court.

(3) On the assembly of the court the judge advocate
shall advise the court of any defect in the constitution of
the court or in the charge-sheet; during the trial he shall
advise the court upon all questions of law or procedure
which may arise; the court shall accept his advice on all
such matters unless it has weighty reasons for not doing so,
and if the court does not accept it, its reasons for not doing
so shall be recorded in the proceedings.

(4) After the closing addresses, the judge advocate
shall sum up the evidence and advise the court upon the
law relating to the case before the court closes to deliberate
on its finding; if the court requires further advice from the
judge advocate, it shall suspend its deliberation and ask
him to give such advice in open court.

General duties of
judge advocate.

CH.211 – 106] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) If, when the court announces a finding of guilty
or a special finding under either section 101 of the Act or
rule 52(3), the judge advocate is of the opinion that such
finding or special finding is contrary to the law relating to
the case, he shall once more, but not more than once more,
advise the court what findings are, in his opinion, open to
them and the court shall then reconsider its findings in
closed court; the record of the proceedings relating to such
reconsideration shall be in the form set out in the Eighth
Schedule.

(6) The judge advocate shall be present whenever
the court is sitting whether in open or closed court, except
when the court is deliberating on the finding on the charges
or a revision thereof.

(7) The judge advocate has equally with the
president the duty of ensuring that the accused does not
suffer any disadvantage in consequence of his position as
such or of his ignorance or of his incapacity to examine or
cross-examine witnesses, or to make his own evidence clear
and intelligible or otherwise.

(8) The judge advocate shall be responsible for
seeing that a proper record of the proceedings is made in
accordance with rule 78 and responsible for the safe
custody of the record of the proceedings under rule 80.

67. (1) Where there is a judge advocate and —
(a) an accused before pleading to a charge offers a

plea in bar of trial; or
(b) during the course of a trial any question as to the

admissibility of evidence arises; or
(c) during a joint trial an application is made by any

of the accused for a separate trial; or
(d) an application is made by an accused that a

charge should be tried separately; or
(e) an application is made by a party calling a

witness for permission to treat that witness as
hostile; or

(f) a submission is made to the court in respect of
any charge that the prosecution has failed to
establish a prima facie case for him to answer,
the president may direct that the point at issue
shall be determined by the judge advocate in the
absence of the president and the members of the


Eighth Schedule.

Judge advocate
sitting alone.

DEFENCE [CH.211 – 107


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

court and of any officer under instruction and
where the president so directs he, the members
of the court and any officer under instruction
shall withdraw from the court.

(2) The judge advocate shall, when the president
and members of the court and any officer under instruction
have withdrawn in accordance with paragraph (1) of this
rule, hear the arguments and evidence relevant to the point
at issue and shall give his ruling upon this point and such
reasons therefor as he may consider necessary; and after
the judge advocate has given his ruling, the president and
members of the court and any officer under instruction
shall return to the courtroom and the judge advocate shall
announce his ruling to them and the court shall follow his
ruling.

(3) When a judge advocate sits alone in accordance
with this rule the proceedings before him shall form part of
the proceedings of the court, and section 74(1), section 96,
section 97(1) and (2) and sections 98, 102, 103, 104 and
105 of the Act and rules 20, 37, 38, 39, 40, 41, 42, 43, 64,
65, 71, 72, 73, 77, 78, 79, 80, 83, 84 and 94 shall apply to
proceedings before the president and members of the court,
and anything which is authorised by those sections and
those rules to be done by the court or by the president, may
be done by the judge advocate when sitting alone.

(4) When a judge advocate is sitting alone in
accordance with this rule and a person subject to military
law commits an offence against section 74(1) of the Act,
the judge advocate shall report the occurrence to the
president who shall take such action as he considers
appropriate.

(5) The judge advocate shall be responsible for
ensuring that the president and members do not see the
record of the proceedings before the judge advocate when
sitting alone until after the court has announced its finding.
Withdrawal and Amendment of Charge-Sheets and Charges

68. A court may, with the concurrence of the
convening officer (which may be signified by the prose-
cutor), allow the prosecutor to withdraw a charge before the
accused is arraigned theron or a charge-sheet before the
accused is arraigned on any charge therein.

Withdrawal of
charge-sheets and
charges.

CH.211 – 108] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

69. (1) At any time during a trial if it appears to the
court that there is in the charge-sheet —

(a) a mistake in the name or description of the
accused; or

(b) a mistake which is attributable to a clerical error
or omission,

the court may amend the charge-sheet so as to correct the
mistake.

(2) If at any time during a trial at which there is a
justice of the Supreme Court as president or a judge
advocate, it appears to the court, before it closes to
deliberate on its finding, that it is desirable in the interests
of justice to make any addition to, omission from or
alteration in, a charge which cannot be made under
paragraph (1) of this rule it may, if such addition, omission
or alteration can be made without unfairness to the
accused, so amend the charge if the president or, as the
case may be, judge advocate concurs:

(3) If at any time during a trial at which there is no
justice of the Supreme Court as president or no judge
advocate, it appears to the court, before it closes to
deliberate on its finding, that in the interests of justice it is
desirable to make any addition to, omission from or
alteration in a charge which cannot be made under
paragraph (1) of this rule, it may adjourn and report its
opinion to the convening officer, who may —

(a) amend the charge if permissible under rule 70
and direct the court to try it as amended after
due notice of the amendment has been given to
the accused; or

(b) direct the court to proceed with the trial of the
charge without amending it; or

(c) convene a fresh court to try the accused.
70. When a court reports to the convening officer

under either rule 23(2) or rule 69(3), he may amend the
charge in respect of which it has reported to him by making
any addition to, omission from or alteration in the charge
which, in his opinion, is desirable in the interests of justice
and which he is satisfied can be made without unfairness to
the accused.

Amendment of
charge-sheets and
charges by the
court.

Amendment of
charges by
convening
officer.

DEFENCE [CH.211 – 109


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Sittings and Adjournment of the Court
71. Subject to the provisions of the Act and of these

Rules relating to adjournment, a trial shall be continued
from day to day and the court shall sit for such time each
day as may be reasonable in the circumstances:

Provided that the court shall not sit on Sunday,
Christmas Day or Good Friday, unless in the opinion of the
court or of the convening officer the exigencies of the
service make it necessary to do so.

72. (1) During a trial the court may adjourn from
time to time and from place to place as the interests of
justice require.

(2) A court may adjourn at any time to consult the
convening officer on a point of law.

(3) If during a trial any reason emerges which
makes it advisable that the court should not continue to
hear the case, the court shall adjourn and report thereon to
the convening officer.

(4) If at any time during a trial the accused becomes
ill and it appears to the court that the illness is such that it
will be impracticable to continue the trial, the court shall
ascertain the facts of the illness and shall then adjourn and
report to the convening officer.

73. If at any time during a trial before the court
closes to deliberate on its finding it appears to the court
that it should, in the interest of justice, view any place or
thing, it may adjourn for the purpose and when the court
views any place or thing the president, members of the
court, judge advocate (if any), prosecutor, accused and
defending officer or attorney (if any) shall be present.

74. (1) If after the commencement of a trial the
president dies or is otherwise unable to attend, the court
shall adjourn and the senior member shall report to the
convening officer.

(2) If after the commencement of a trial any
member of the court dies or is otherwise unable to attend,
the court, if not thereby reduced below the legal minimum,
shall continue with the trial, but if reduced below the legal
minimum the court shall adjourn and the president shall
report to the convening officer.

Sittings of the
court.

Adjournment.

View by court.

Absence of
president,
members or
judge advocate.

CH.211 – 110] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) If a judge advocate who has been appointed to
act at a trial dies or is otherwise unable to attend, the court
shall adjourn and report to the convening officer.

(4) If the president or a member of the court is
absent during any part of a trial, he shall take no further
part in it and the like steps shall be taken as if the president
or member, as the case may be, had died.

(5) An officer cannot be added to the court after the
accused has been arraigned.

Unfitness to Stand Trial and Insanity
75. (1) If at any time during a trial it appears to the

court that the accused may be unfit to stand trial by reason
of insanity, it shall take evidence as to his mental
condition; and if the court after considering the evidence is
of the opinion that the accused is fit to stand his trial, it
shall proceed with the trial, but if it is of the opinion that
the accused is unfit to stand his trial by reason of insanity,
it shall so find and its finding shall be announced in open
court forthwith and as being subject to confirmation.

(2) If a court, in the course of its deliberation on its
finding on a charge pursuant to subsection (2) of section
115 of the Act finds that the accused was guilty of the
offence but was insane at the time of the act or omission
which constituted it, its finding shall be announced in open
court forthwith and as being subject to confirmation.

(3) Immediately after a finding has been announced
under either paragraph (1) or paragraph (2) of this rule, the
president shall announce in open court that the proceedings
are terminated and thereupon the president and the judge
advocate (if any) shall sign the record of the proceedings
and the president or judge advocate shall then forward it as
directed in the convening order.

Interviewing and Attendance of Witness
76. (1) The prosecution shall not without the

consent of the convening officer, or, after the trial has
begun, without the consent of the president, interview any
witness who was called for the defence at the taking of the
summary of evidence, whose statement of evidence was
included in the summary of evidence, or attached to the


Unfitness to
stand trial and
insanity.

Interviewing of
witness.

DEFENCE [CH.211 – 111


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

abstract of evidence or whose attendance at the trial the
accused has requested in accordance with rule 11(e), or
who has made a statutory declaration put forward on behalf
of the defence under section 102 of the Act.

(2) Except as provided in rule 36, neither the accused
nor any person on his behalf shall without the consent of the
convening officer, or, after the trial has begun without the
consent of the president, interview any witness who was
called far the prosecution at the taking of the summary of
evidence, whose statement of evidence was included in the
summary of evidence or whose evidence is included in the
abstract of evidence, or in respect of whom the prosecution
has given the accused notice under rule 35 that it intends to
call him as a witness at the trial or who has made a statutory
declaration put forward on behalf of the prosecution under
section 102 of the Act.

77. (1) A witness who is subject to service law may
be ordered by the proper service authority to attend at the
taking of a summary of evidence or a trial by court-martial.

(2) A witness who is not subject to service law may
be summoned to attend a trial by court-martial by an order
under the hand of the convening officer, or of a staff
officer on his behalf, or, after assembly of the court, of the
president.

(3) The summons referred to in paragraph (2) of this
rule shall be in the appropriate form set out in the Fourth
Schedule and shall be served an 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 summons referred
to in paragraph (2) of this rule, there shall be paid or
tendered 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 shall be deemed to constitute
tender of those expenses.

Procuring
attendance of
witnesses.

Fourth Schedule.

CH.211 – 112] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Record of Proceedings
78. (1) The proceedings of courts-martial shall be

recorded in accordance with the following provisions —
(a) the proceedings of a court-martial shall be

recorded in writing in accordance with the
appropriate form set out in the Sixth Schedule
and in sufficient detail to enable the confirming
authority to follow the course of the proceeding
and to judge on the merits of the case,

(b) when no shorthand writer is employed, the
evidence should be taken down in narrative form
as nearly as possible in the words used:

Provided that if the court, judge advocate
prosecutor or accused consider it necessary, any
particular question and answer shall be taken
down verbatim;

(c) when an objection, submission or application is
made during a trial at which no shorthand writer
is employed, a record shall be made of the
proceedings relating to such objection,
submission or application if, and in such detail
as, the court or judge advocate thinks fit:

Provided that if the prosecutor or accused so
requests, a note shall be made of the objection,
submission or application, the grounds therefor,
the advice of the judge advocate (if any) thereon
and the decision of the court;

(d) when any address by the prosecutor or the
accused or summing up of the judge advocate is
not in writing and no shorthand writer is
employed, it shall only be necessary to record so
much of such address or summing up as the
court or judge advocate thinks proper:

Provided that if the prosecutor or accused so
requests, a note shall be made of any particular
point in such address or summing up; and

(e) there shall not be recorded in the record of the
proceedings any matter not forming part of the
trial; but if any comment or report seems to the
court to be necessary, the president may forward
it to the proper military authority in a separate
document.

Record of
proceedings.

Sixth Schedule.

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(2) When a shorthand writer has been employed, the
transcript of his record of the proceedings shall only be
made of that portion of the proceedings which relates to the
charge upon which the accused has been found guilty and
such other portions of the proceedings as may be required
by the confirming authority or, in the event of the accused
being found not guilty of all the charges, the authority who
would have been the confirming authority had the accused
been found guilty of any of the charges.

79. (1) Subject to paragraph (2) of this rule, any
document or thing admitted in evidence shall be made an
exhibit.

(2) When an original document or book is produced
to the court by a witness, the court may at the request of
the witness compare a copy of it or an extract of the
relevant parts therefrom with the original, and after it has
satisfied itself that such copy or extract is correct and the
president or the judge advocate has certified thereon that
the court has compared it with the original and found it
correct, the court may return the document or book to the
witness and attach the copy or extract to the record of the
proceedings as an exhibit.

(3) Every exhibit shall —
(a) be marked with a number or letter and be signed

by the president or judge advocate or have a
label bearing a number or letter and the
signature of the president or judge advocate
affixed to it; and

(b) be attached to or kept with the record of the
proceedings, unless in the opinion of the court
having regard to the nature of the exhibit or for
good reason it is not expedient to attach it to or
keep it with the record.

(4) When an exhibit is not attached to or kept with
the record of the proceedings under paragraph 3(b) of this
rule, the president shall ensure that proper steps are taken
for its safe custody.

80. (1) During a trial at which there is no judge
advocate, the record of the proceedings and the exhibits
shall be deemed to be in the custody of the president; and
during a trial at which there is a judge advocate the record
and the exhibits shall be deemed to be in the custody of the


Exhibits.

Custody and
inspection of
record of
proceedings
during trial.

CH.211 – 114] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

judge advocate, save when he is not present in closed court
when they shall be deemed to be in the custody of the
president.

(2) With the permission of the court, the prosecutor
or the accused may at any reasonable time before the trial
is concluded have a particular part of the record of the
proceedings read to him, and, if proper precautions are
taken for its safety, inspect any exhibit.

Confirmation, Revision and Promulgation
81. (1) When a confirming authority receives the

record of the proceedings of a court-martial and the finding of
the court requires confirmation, he shall record his decision
thereon and on any sentence and any order which the court
may have made under section 127 of the Act, on the record of
the proceedings in the appropriate form set out in the
Eleventh, Twelfth and Thirteenth Schedule and such record
of his decision shall form part of the record of proceedings.

(2) When a court has accepted a plea of guilty made
under rule 27(2), the confirming authority may confirm his
finding notwithstanding that the court has accepted the plea
without the concurrence of the convening officer if, in the
opinion of the confirming authority, it is in the interests of
justice to do so.

(3) When a court has rejected a plea to the
jurisdiction of the court or a plea in bar of trial or has over-
ruled an objection to a charge, it shall not be necessary for
the confirming authority to approve specifically the
decision of the court, but his approval shall be implied
from his confirming the findings on the charge to which
the plea or objection relates; and if he disapproves the
decision of the court to reject the plea or to overrule the
objection, he shall withold confirmation of the finding on
the charge to which the plea or objection relates.

(4) A confirming authority may state his reasons for
withholding confirmation in the case, but if he witholds
confirmation where a court has rejected a plea to the
jurisdiction or a plea in bar of trial or has overruled an
objection to the charge, because he disapproves this
decision of the court, he shall, when recording his decision
under paragraph (1) of this rule, state that he has withheld
confirmation for this reason.

Confirmation
and
promulgation.

Eleventh,
Twelfth and
Thirteenth
Schedules.

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(5) If the sentence of a court-martial is informally
expressed, the confirming authority may in confirming the
sentence vary the form thereof so that it shall be properly
expressed.

(6) Whenever it appears that there is sufficient
evidence or a plea of guilty under either paragraph (1) or
paragraph (2) of rule 27 to justify the finding of the court,
such findings and any lawful sentence consequent thereon
may be confirmed, and if confirmed shall be valid,
notwithstanding any deviation from these rules, if the
accused has not been prejudiced by such deviation.

(7) When a confirming authority has confirmed a
finding and sentence of a court or has withheld confirma-
tion thereof, he shall send the record of the proceedings to
the commanding officer of the accused for promulgation to
the accused of the finding and sentence, or of the fact that
confirmation has been withheld, as the case may be; the
fact of promulgation shall be recorded on the record of the
proceedings in the form set out in the Fourteenth Schedule;
and if confirmation has been withheld because the
confirming authority disapproves the court’s decision to
reject a plea to the jurisdiction or a plea in bar of trial or to
overrule an objection to the charge, the accused shall be so
informed.

82. (1) The proceedings and decision of a court on
revision shall be recorded on the record of the proceedings
in the appropriate form set out in the Tenth Schedule and
the president shall date and sign such record and decision
and return it to the confirming authority after it has been
signed by the judge advocate (if any).

(2) When an accused is acquitted on revision the
revised finding shall be communicated to the accused in
such manner as may be specified by the confirming
authority.

Loss of Proceedings
83. (1) If before confirmation the whole or any part

of the original record of the proceedings of a court-martial
is lost and a copy exists, such copy may, if the president or
the judge advocate certifies it to be correct, be accepted
and used in lieu of the original.

Fourteenth
Schedule.

Revision.

Tenth Schedule.

Loss or original
record of
proceedings
before
confirmation.

CH.211 – 116] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) If before confirmation the whole or any part of
the original record of the proceedings of a court-martial is
lost and no copy thereof exists, but evidence of the
proceedings of the court can be procured to enable the
record or part thereof which has been lost to be reconstituted
sufficiently to permit the confirming authority to follow the
course of the proceedings and to judge of the merits of the
case, the record as so reconstituted may, with the consent of
the accused, be accepted and used in lieu of the original:

Provided that where part only of the original record
of the proceedings of a court-martial has been lost, and the
part which remains is sufficient to enable the confirming
authority to follow the course of the proceedings and judge
the merits of the case, such remaining part may, with the
consent of the accused, be accepted and used as if it were
the complete record, and in such case it shall not be
necessary to reconstitute the part of the record which has
been lost.

(3) If before confirmation the whole or any part of the
original record of the proceedings of a court-martial is lost
and such loss cannot be made good under either paragraph (1)
or paragraph (2) of this rule, the confirming authority shall
withhold confirmation and shall record his decision in the
appropriate form set out in the Eleventh Schedule.

84. If after confirmation the whole or any part of the
original record of the proceedings of a court-martial is lost
and a copy thereof is certified by the president or the judge
advocate to be correct, or a sufficient record of the charge,
finding, sentence and proceedings before the court and of
the confirmation of the finding and sentence remains or can
be reconstituted to permit of the case being reviewed or the
sentence reconsidered, such copy or reconstituted record or
remaining part of the record may be accepted and used in
lieu of the original.

Custody of the Record after Confirmation
85. (1) For the purposes of subsection (1) of section

130 of the Act, the prescribed period during which the
record of the proceedings of a court-martial shall be kept in
the custody of the Security Council shall be six years from
the conclusion of the trial.

Eleventh
Schedule.
Loss or original
record of
proceedings after
confirmation.

Custody and
preservation of
record of
proceedings after
confirmation.

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(2) For the purposes of subsections (2) and (3) of
section 130 of the Act, the prescribed rates for copies of
the record of the proceedings of a court-martial shall be
those from time to time laid down by the Security Council.

Petitions and Appeals
86. (1) If an accused who has been sentenced by a

court-martial or who has been found by a court-martial to
be unfit to stand his trial or to be guilty but insane wishes
to petition before confirmation against the finding or
sentence or both, he shall present a petition to the
confirming authority in the appropriate form set out in the
Twentieth Schedule.

(2) If an accused who has been convicted by a court-
martial wishes to exercise the rights conferred on him by the
section 137 of the Act, he shall present an application in the
manner and form and within the time limits specified by
rules of the Court of Appeal.

(3) If an accused who has been sentenced by court
martial or who has been found by a court-martial to be
unfit to stand his trial or to be guilty but insane wishes to
petition after promulgation against the finding otherwise
than by way of an appeal, he shall present a petition to a
reviewing authority at any time within six months of
promulgation in the appropriate form set out in the
Twentieth Schedule.

(4) If an accused who has been sentenced by a
court-martial wishes to petition after promulgation against
the sentence, he shall present a petition to a reviewing
authority or an officer authorised to reconsider a sentence
of a court-martial under section 113 of the Act at any time
within six months of promulgation in the appropriate form
set out in the Twentieth Schedule.

(5) In any of the circumstances specified in the first
column of the list of persons to whom petitions may be
presented under this rule which is set out in the Twentieth
Schedule a petition under paragraph (3) or paragraph (4) of
this rule is presented to the person specified in relation to
those circumstances in the second column of that list shall
be treated as having been presented to the authority to
whom the petition is addressed.

Petitions and
appeals.

Twentieth
Schedule.

Twentieth
Schedule.

Twentieth
Schedule.

CH.211 – 118] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Miscellaneous Provisions
87. A notice under section 102 of the Act requiring

that oral evidence shall be given in lieu of a statutory
declaration shall be in the appropriate form set out in the
Fifth Schedule.

88. The powers conferred by section 7 of the
Banker’s Books Evidence Act or any Act repealing or
replacing the same may be exercised for the purposes of a
court-martial by order of the convening officer and the
order referred to in this rule shall be in the form set out in
the Third Schedule.

89. For the purposes of section 80 of the Act, the
manner in which a fine or part of a fine shall be paid or
recovered is —

(a) where the offender is a person to whose pay
section 153 of the Act applies, by deduction in
accordance with that section from his pay or
from any balance (whether or not representing
pay) which may be due to him;

(b) by payment by or on behalf of the offender to —
(i) the Superintendent of the prison in The

Bahamas where the offender is confined; or
(ii) the Ministry of Defence:

Provided that where the money is paid to
the Superintendent, he shall forward it to the
Ministry of Defence for the credit of the fines
fund.

90. (1) When an accused has, pursuant to section
115(1) of the Act, been found by a court-martial to be unfit
to stand trial by reason of insanity and that finding has
been confirmed, or when an accused has, pursuant to
section 115(2) of the Act, been found guilty but insane, he
shall be handed over to the custody of the appropriate
mental institution pending the directions of the Minister,
and it shall be the duty of the authorities of such institution
to receive the accused into their charge until the accused is
fit to stand trial or the directions of the Minister are given.

(2) The orders for the commitment of the accused
under paragraph (1) shall be in the form set out in the
Twenty-first Schedule and shall be signed by Commander
Defence Force.

Notice requiring
oral evidence in
lieu of statutory
declaration.
Fifth Schedule.

Order to inspect
banker’s books
and to take
copies of entries.

Third Schedule.

Imprisonment in
default manner
of payment of
fine.

Temporary
custody of
persons found
unfit to stand
trial or guilty but
insane.

Twenty-first
Schedule.

DEFENCE [CH.211 – 119


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91. (1) Where in the opinion of the convening
officer the exigencies of the service render compliance
with all or any of the provisions of the rules mentioned in
paragraph (3) of this rule impracticable, the convening
officer may make a declaration to that effect in the
appropriate form set out in the Second Schedule.

(2) Then a declaration has been made under
paragraph (1) of this rule, it shall not be necessary to
comply with any provision of these Rules which is
mentioned in such declaration and these Rules shall be
construed accordingly.

(3) The provisions of these Rules in respect of
which a declaration may be made under paragraph (1) of
this rule, is rule 11 paragraphs (b) and (c), and paragraph
(d) insofar as it provides that the documents specified
therein shall be given to the accused not less than twenty-
four hours before his trial.

(4) If an accused is brought to trial by court-martial,
any declaration which has been made in his case under
paragraph (1) of this rule shall be attached to the record of
the proceedings of the court-martial.

92. (1) When in the opinion of the convening officer
a charge-sheet, summary or abstract of evidence or other
document which, or a copy of which, is required under
these Rules to be given to an accused contains information
the disclosure of which would or might be directly or
indirectly useful to an enemy, the convening officer may
make a declaration to that effect in the appropriate form set
out in the Second Schedule specifying the document
concerned.

(2) When a declaration has been made under
paragraph (1) of this rule, it shall not be necessary to give
to the accused any document, and it shall be a sufficient
compliance with these Rules if the accused is given a
proper opportunity to inspect such document while
preparing and making his defence.

(3) If an accused is brought to trial by a court-
martial, any declaration which has been made in his case
under paragraph (1) of this rule shall be attached to the
record of the proceedings of the court-martial.

93. 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.

Exceptions from
Rules on account
of the exigencies
of the service.

Second Schedule.

Exceptions from
Rules in the
interests of
security.

Second Schedule.

Deviations from
the forms in the
Schedule.

CH.211 – 120] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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

FIRST SCHEDULE (Rule 3)

ILLUSTRATIONS OF CHARGE-SHEETS
CHARGE-SHEET
The accused, Pay No ................................................
Marine seaman, John Grant, HMBS Coral Harbour a marine of
the regular force is Charged with — ............................................
COMMITTING A CIVIL OFFENCE CONTRARY TO
SECTION 78 OF THE DEFENCE ACT, THAT IS TO SAY
STEALING CONTRARY TO SECTION 345 OF THE PENAL
CODE (CHAPTER 84)

in that he
at............................................ on..................................................
stole a pair of binoculars the property of James Brown.
COMMITTING A CIVIL OFFENCE CONTRARY TO
SECTION 78 OF THE DEFENCE ACT, THAT IS TO SAY
RECEIVING CONTRARY TO SECTION 359 OF THE PENAL
CODE (CHAPTER 84)

in that he
at........................................... on...................................................
dishonestly received a pair of binoculars knowing the same to
have been stolen or unlawfully obtained by an offence.

B. C. GREEN, Captain
Commanding HMBS Coral Harbour
Commanding Officer of the accused

Date:..............................................................................................
Place: ...........................................................................................

To be tried by Court-Martial
A. D. WILLIAMS, Commodore

Commander Defence Force 102
Date:..............................................................................................
Place: ...........................................................................................



102 The order for trial may be signed by a staff officer “Authorised to sign for” the

convening officer as in the second illustrated charge-sheet.

Cases not covered
by Rules.

1st charge.

2nd charge
(Alternative to
the 1st charge).

DEFENCE [CH.211 – 121


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



CHARGE-SHEET
The accused Pay No .............................Leading Seaman Albert
Bridge, a non-commissioned officer of the reserve when called
out on permanent service, and Pay No................ Marine
Mechanic Gerald Stick a marine of the reserve when callout
for permanent service, both of HMBS Coral Harbour, are
charged with — ........................................................................
Both accused jointly
COMMITTING A CIVIL OFFENCE CONTRARY TO
SECTION 78 OF THE DEFENCE ACT, THAT IS TO SAY
COMMON ASSAULT

in that they
at.......................................... on .................................................
assaulted Jack Sprat.
Leading Seaman Bridge only
STRIKING HIS SUPERIOR OFFICER CONTRARY TO
SECTION 37(a) OF THE DEFENCE ACT

in that he
at...................................…....... on..............................................
struck Pay No.... Petty Officer G. Dixon, HMBS Coral Harbour.
Marine mechanic Stick only
USING INSUBORDINATE LANGUAGE TO HIS
SUPERIOR OFFICER CONTRARY TO SECTION 37(b) OF
THE DEFENCE ACT, 1979

in that he
at.......................................... on..................................................
said to Pay No.....Petty Officer G. Dixon HMBS Coral
Harbour when asked by him for his (the accused’s) particulars
“Don’t be nosey”, or similar words.

B. C. GREEN, Captain
Commanding HMBS Coral Harbour
Commanding officer of the accused

Place: .........................................................................................
Date:............................................................................................

To be tried by Court-Martial
P. M. DUNK, Lieutenant Commander

authorised to sign for
Commander Defence Force

Place: .........................................................................................
Date:............................................................................................



1st charge.

2nd charge.

3rd charge.

CH.211 – 122] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

SECOND SCHEDULE (Rules 8, 91, 92)

(1) CONVENING ORDERS
CONVENING ORDERS FOR A COURT-MARTIAL ORDER
BY ...............………………………………………................ 103
Commander Defence Force
104 The details of officers as mentioned below will assemble
at..................at......hours on the ............................................. day
of............................................19....for the purpose of trying by
court-martial the accused person(s) named in the margin.

PRESIDENT 105
......................................................................................................

MEMBERS 106
......................................................................................................
......................................................................................................
......................................................................................................

WAITING MEMBERS 107
......................................................................................................
......................................................................................................
......................................................................................................


103 Insert rank and name of convening officer.
104 Insert pay number, rank, name, unit or other description of the accused.
105 The president is appointed by name and, where provided by section 92(1) of the

Defence Act, must be a Justice of the Supreme Court. A member or a waiting member
may be described either by giving his rank, name and unit or thus:
“A....................................... (rank) to be detailed by the officer commanding
................................................................ (unit).”

106 The president is appointed by name and, where provided by section 92(1) of the
Defence Act, must be a Justice of the Supreme Court. A member or a waiting member
may be described either by giving his rank, name and unit or thus:
“A....................................... (rank) to be detailed by the officer commanding
................................................................. (unit).”

107 The president is appointed by name and, where provided by section 92(1) of the
Defence Act, must be a Justice of the Supreme Court. A member or a waiting member
may be described either by giving his rank, name and unit or thus:
“A....................................... (rank) to be detailed by the officer commanding
................................................................. (unit).”

Name etc., of
accused ……..

DEFENCE [CH.211 – 123


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



JUDGE ADVOCATE 108
The judge advocate has been appointed by or on behalf of the
Minister.

or
....................................................................................... is hereby
appointed judge advocate. 109
110 (In the opinion of the convening officer the necessary number
of service officers having suitable qualifications is not available
to form the court and cannot be made available with due regard
to the public service).
111 (A captain having suitable qualifications is not in the opinion
of the convening officer available with due regard to the public
service).
The record of the proceedings is to be forwarded to Commander
Defence Force.
Signed this.........................………………………………...... day
of.............………………………………………..............19.........
..........…............................................

(Signature, rank and appointment
of the convening officer or
appropriate staff officer)

112 Authorised to sign for Commander Defence Force
–––––––––––

113 Strike out if not applicable
–––––––––––

(2) DECLARATION UNDER RULES 91 AND 92
DECLARATION UNDER RULE OF PROCEDURE 91

In the case of ........................................................................... 114
I............................................................................. 115 /the officer
who/is//would be/responsible for convening a court-martial to
try the accused/hereby declare that in my opinion the following
exigencies of the service, namely.................................................
........................................................................................................
........................................................................................................
..........................................................…........................................


108 Insert judge advocate's name and any legal qualifications which he has.
109 This form of words is appropriate when the judge advocate is appointed by the

convening officer, see Rules of Procedure 8(c).
110 Insert judge advocate's name and any legal qualifications which he has.
111 Insert judge advocate's name and any legal qualifications which he has.
112 Insert judge advocate's name and any legal qualifications which he has.
113 Insert judge advocate's name and any legal qualifications which he has.
114 Insert pay number, rank, name, unit or other description of accused.
115 Insert rank, name and appointment of officer making the declaration.

CH.211 – 124] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



render compliance with the following provisions of the Rules of
Procedure impracticable:
......................................................................................................
Signed at ......................................... this ....................................
day of .............................................. 19 .......................................

..........................................
(Signature)




DECLARATION UNDER RULE OF PROCEDURE 92
In the case of ........................................................................ 116
I............................................................................. 117 the officer
who/is//would be/responsible for convening a court-martial to
try the accused/hereby declare that in my opinion the ................
................................... 118 contain(s) information the disclosure
of which would or might be directly or indirectly useful to an
enemy.
Signed at .................................... this ..........................................
day of..........................................19..............................................

..................................................
(Signature)



THIRD SCHEDULE (Rule 88)

(3) ORDER TO INSPECT BANKERS’ BOOKS AND TO
TAKE COPIES OF ENTRIES

To the manager ....................................................................... 119
IN THE MATTER OF TRIAL BY COURT-MARTIAL OF .....
......................................................................................................
pay number ........................... 120 to be held at .........................
......................................................................................................
on .................................................................................................

WHEREAS I have ordered a court-martial to assemble at
......................................................................................................
on the...........................................................................................
day of ................................................................................19.......
for the trial of .......................................................................... 121



116 Insert pay number, rank, name, unit or other description of accused.
117 Insert rank, name and appointment of officer making the declaration.
118 Here indicate the document(s).
119 Insert name, branch and place of bank.
120 Insert pay number, rank, name, unit or other description of accused.
121 Insert pay number, rank, name, unit or other description of accused.

DEFENCE [CH.211 – 125


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



AND WHEREAS application has been made to me by
.................................................................................................. 122
IT IS HEREBY ORDERED IN PURSUANCE OF SECTION 7
OF THE EVIDENCE ACT, AND SECTION 102 OF THE
DEFENCE ACT, AND RULE 88 OF THE DEFENCE RULES
OF PROCEDURE (PART II), MADE THEREUNDER that the
said .......................................................................................... 123
or/his//their/representatives be at liberty for the purposes of the
said court-martial to inspect and take copies of all entries in the
books of ................................................................................... 124
at ......................................................................................relating
to the account in the name of ................................................ 125
with the said bank from the .........................................................
day of............................................................................. 19 .........
to the ..................................................................................... day
of........................................................................................19.......
both dates inclusive.
Signed at ......................................................................................
this ........................................ day of ............….......................
19....

................................................
(Signature)

Commander Defence Force


FOURTH SCHEDULE (Rule 77)

SUMMONS TO A WITNESS TO ATTEND A
COURT-MARTIAL

To ............................................................................................ 126
WHEREAS a court-martial/has been ordered to assemble at
.........................//has assembled at ............................................../
on the .................................... day of ...........................................
19 .... for the trial of ................................................................ 127
YOU ARE PURSUANT TO SECTION 133 OF THE
DEFENCE ACT, AND RULE ....... OF THE DEFENCE
RULES OF PROCEDURE (PART II), MADE THEREUNDER
HEREBY SUMMONED and required to attend as a witness at
the sitting of the said Court at ......................................................
on the ...........................................................................................
day of ................................................................................19.......
at........................................ o’clock in the .................................


122 Insert particulars of prosecutor or other applicant.
123 Insert particulars of prosecutor or other applicant.
124 Insert name and branch of bank.
125 Insert pay number, rank, name, unit or other description of accused.
126 Insert name and address of the person to whom the summons is to be sent.
127 Insert pay number, rank, name, unit or other description of the accused.

CH.211 – 126] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



noon and to bring with you the documents hereinafter
mentioned, viz 128 .........................................................................
......................................................................................................
......................................................................................................
and so to attend from day to day until you shall be duly
discharged; whereof you shall fail at your peril. Given under
my hand at ...................................................................................
on the ...................................... day of ................................ 19....

.....................................................
(Signature, rank and appointment)

Commander Defence Force 129
President of the court 130

............................ 131 authorised to
sign for Commander Defence Force 132



FIFTH SCHEDULE (Rule 87)

NOTICES REQUIRING ORAL EVIDENCE TO BE
GIVEN IN LIEU OF STATUTORY DECLARATION

NOTICE BY A COMMANDING OFFICER
To............................................................................................. 133
I ............................................................................................. 134
commanding ........................................................ 135 hereby give
notice that I require that 136
shall give oral evidence in lieu of/his//her/statutory declaration
dated .............................................................................................
at your forthcoming trial by court-martial.
Date ...........................................................................19............

...................................................
Signature and rank)

Commanding officer of the accused
NOTICE BY AN ACCUSED

To............................................................................................. 137
commanding ............................................................................ 138


128 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.
129 Strike out if not applicable.
130 Strike out if not applicable.
131 Insert appointment of staff officer who signs.
132 Strike out if not applicable.
133 Insert pay number, rank, name, unit or other description of the accused.
134 Insert rank and name of commanding officer.
135 Insert unit.
136 Insert name of witness.
137 Insert rank and name of commanding officer.
138 Insert unit.

DEFENCE [CH.211 – 127


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



I....................................................................…......................... 139
hereby give notice that I require that ....................................... 140
shall give oral evidence in lieu of/his//her/statutory declaration
dated ........................... at my forthcoming trial by court-martial.
Date................................................................................. 19 ........

............................................
(Signature)



SIXTH SCHEDULE (Rule 78)
RECORD OF PROCEEDINGS OF A COURT MARTIAL

A PAGE....
RECORD OF PROCEEDINGS OF A COURT-MARTIAL
Proceedings of a court-martial held at .........................................
on the ..................................................................................... day
of ........................................19.......................................by order
of Commander Defence Force.
dated the .......................................................................................
day of ..............................................................................19.........

PRESIDENT
MEMBERS

JUDGE ADVOCATE
Trial of .................................................................................... 141
The court complying with Rule of Procedure 12.
.................................................................................................not
being available owing to ..............................................................
the president appoints ..................................................................
a qualified waiting member to take his place.
The accused is brought before the court.
Prosecutor.....................................................................................
Defending/officer//attorney/.........................................................
At .............................................................. hours the trial begins.
The convening order is read in the hearing of the accused,
marked ......................................................................... 142 signed
by the president or judge advocate and attached to the record.
The names of the president and members of the court are read in
the hearing of the accused and they severally answer to their names.




139 Insert pay number, rank, name, unit or other description of the accused.
140 Insert name of witness.
141 Insert the pay number, rank, name, unit or other description of the accused as

given in the charge-sheet.
142 Enter exhibit number.

CH.211 – 128] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Q. Do you object to being tried by me as president or by any of
the officers whose names you have heard read?

A. ................................................................................................
The proceedings relating to the objections) are recorded on .......
................................................................................................. 143

B PAGE....
SWEARING
The president and members of the court are duly sworn.
The judge advocate is duly sworn/
The/following/officers under instruction/listed on page ..............
/are duly sworn.
Q. Do you object to ....................................................................

as an interpreter?
A. ........................................................................................... 144

....................................................is duly sworn as interpreter.
SHORTHAND WRITER
Q. Do you object to ....................................................................

recording these proceedings verbatim?
A. ......................................................................................... 145

..........................is duly sworn as shorthand writer.
SPECIAL PLEAS AND OBJECTIONS
The accused offers a plea to the jurisdiction under Rule of
Procedure 22. The proceedings relating to his plea are recorded
on page........................
The accused objects to the........................................................
charge(s) under Rule of Procedure 23. The proceedings relating
to his objections) are recorded on page...... 146
The accused offers (a) plea(s) in bar of trial under Rule of
Procedure 24 in respect of the ........................................ charge(s).
The proceedings relating to his pleas) are recorded on page...... 147
The accused.........................................applies under Rule of
Procedure 25 to be tried separately. The proceedings relating to
his application are recorded on page..................... 148 The
accused applies under Rule of Procedure 26 to have charge(s)
................................................................................................and
......................................................................................................
.............................................................................tried separately.



143 Strike out if not applicable.
144 If there is an objection the proceedings relating to it should be recorded on a

separate numbered page and the fact that this has been done should be recorded in this
space with the number of the page.

145 If there is an objection the proceedings relating to it should be recorded on a
separate numbered page and the fact that this has been done should be recorded in this
space with the number of the page.

146 Strike out if not applicable.
147 Strike out if not applicable.
148 Strike out if not applicable.

DEFENCE [CH.211 – 129


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



The proceedings relating to his application are recorded on
page...... 149.

C1 PAGE....
ARRAIGNMENT
The charge-sheet is read to the accused and he is arraigned on
each charge.
The charge-sheet is signed by the president or judge advocate and
inserted in the record immediately before this page as page(s)….
…............................................................................................................
Q. Are you guilty or not guilty of the first 150 charge against you

which you have heard read?
A. ..............................................................................................
Q. Are you guilty or not guilty of the second charge against you

which you have heard read? 151
A. ..............................................................................................
Q. Are you guilty or not guilty of the third charge against you

which you have heard read?
A. ..............................................................................................
Q. Are you guilty or not guilty of the fourth charge against you

which you have heard read? 152
A. ..............................................................................................
Q. Are you guilty or not guilty of the fifth charge against you

which you have heard read? 153
A. ............................................................................................
Q. Are you guilty or not guilty of the sixth charge against you

which you have heard read? 154
A. ..............................................................................................
The accused having pleaded guilty to the ..................................
charge(s) Rule of Procedure 28 is duly complied with in respect
of/this/these/charge(s). 155
The accused’s pleas to the remaining charges are recorded overleaf.
156




149 Strike out if not applicable.
150 Strike out “first” if there is only one charge.
151 Strike out if not applicable.
152 Strike out if not applicable.
153 Strike out if not applicable.
154 Strike out if not applicable.
155 Strike out if not applicable.
156 Strike out if not applicable.

CH.211 – 130] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



C2 PAGE....
Q. Are you guilty or not guilty of the seventh charge against

you which you have heard read? 157
A. ................................................................................................
Q. Are you guilty or not guilty of the eight charge against you

which you have heard read.? 158
A. ................................................................................................
Q. Are you guilty or not guilty of the ninth charge against you

which you have heard read? 159
A. ................................................................................................
Q. Are you guilty or not guilty of the tenth charge against you

which you have heard read? 160
A. ................................................................................................
Q. Are you guilty or not guilty of the eleventh charge against

you which you have heard read? 161
A. ................................................................................................
Q. Are you guilty or not guilty of the twelfth charge against

you which you have heard read? 162
A. ................................................................................................


D1 PAGE....
PROCEEDINGS ON PLEA(S) OF NOT GUILTY 163
Q. Do you wish to apply for an adjournment of the ground that

any of the rules relating to procedure before trial have not
been complied with, and that you have been prejudiced
thereby or on the ground that you have not had sufficient
opportunity for preparing your defence?

A. 164 ..........................................................................................
The prosecutor/makes an opening address shortly outlining the
facts/makes an opening address which is summarised
below//hands in a written address which is read, signed by the
president or judge advocate, marked..........................................
and attached to the record/.



157 Strike out if not applicable.
158 Strike out if not applicable.
159 Strike out if not applicable.
160 Strike out if not applicable.
161 Strike out if not applicable.
162 Strike out if not applicable.
163 Remove this page if there are no pleas of not guilty.
164 If the accused asks for an adjournment, the proceedings relating to his application

should, if necessary, be recorded on a separate page and a record made here that this has
been done.

DEFENCE [CH.211 – 131


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



D2 PAGE....
The witnesses for the prosecution are called.
First witness for the prosecution ..................................................
being duly sworn 165 says:

D3 PAGE....

PROCEEDINGS ON PLEA(S) OF NOT GUILTY (continued) 166
The prosecution is closed.
The accused submits under Rules of Procedure 44 that there is
no case for him to answer in respect of the .................................
charge(s). The proceedings relating to this submission are
recorded on pages....... 167

DEFENCE
Rule of Procedure 45 is complied with.
Q. Do you apply to give evidence yourself on oath or do you

wish to make a statement without being sworn?
A. ................................................................................................
Q. Do you intend to call any other person as a witness in your

defence?
A. ................................................................................................
Q. Is he a witness as to fact or to character only?
A. ................................................................................................
168 Q. Do you wish to make an opening address?
A. ................................................................................................
The accused/makes an opening address which is summarised
below//hands in a written address which is read, signed by the
president or judge advocate, marked ...............................and at-
tached to the record./




165 When a witness affirms the words “having duly affirmed” should be substituted

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

166 Remove this page if there is no plea of not guilty.
167 Strike out this paragraph if not applicable.
168 Strike out if the accused does not intend to call witnesses as to fact, other than

himself.

CH.211 – 132] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



D4 PAGE....
(Where the accused makes a statement without being sworn) 169
The accused/makes a statement, which is recorded on page ........
//hands in a written statement which is read, marked
………………………………………………………....................
and signed by the president or judge advocate, and attached to
the record/.
(Where evidence on oath is given for defence) 170

The witnesses for the defence (including the accused if
sworn) are called.
.......................................................................
being duly sworn 171 says:

D5 PAGE....
PROCEEDINGS ON PLEAS) OF NOT GUILTY (continued) 172
The prosecutor/makes a closing address which is summarised on
page........//hands in a closing address which is read, marked.....................
.................................................... signed by the president or judge
advocate and attached to the record/. 173 .
The accused/makes a closing address which is summarised on
page......//hands in a closing address, which is read, marked.............
.......................................................signed by the president or judge
advocate and attached to the record/ 174 .
The note of the summing-up of the judge advocate is recorded on
page...... 175 .
FINDING(S)
The court closes to deliberate on its finding(s).
The court finds that the accused 176 ..............................................
...................................................................................................................
is: 177


169 Strike out this paragraph if not applicable. Where the accused gives evidence, he

does so before the other defence witnesses.
170 Strike out this paragraph if not applicable. Where the accused gives evidence, he

does so before the other defence witnesses.
171 When a witness or the accused affirms, the words “having duly affirmed” should

be substituted for the words “being duly sworn”; and when a witness is a child who is
too young to give evidence on oath the words “without being sworn” should be
substituted for the words “being duly sworn”.

172 Strike out this page if not applicable.
173 Strike out if not applicable.
174 Strike out if not applicable.
175 Strike out if not applicable.
176 Insert the pay number, rank, name, unit or other description of the accused as

given on the charge-sheet.
177 Set out the finding on each charge in the appropriate form set out in the Seventh

Schedule to the Rules of Procedure.

First witness for
the defence.

DEFENCE [CH.211 – 133


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



ANNOUNCEMENT OF FINDING(S)
The court being re-opened the accused is again brought before it.
The finding(s)/is//are/read and (with the exception of the finding(s)
of “not guilty”) 178 is//are/announced as being subject to
confirmation.
PROCEEDINGS ON ACQUITTAL ON ALL CHARGES 179
The accused is released.
Signed at ................................. this .........................................
day of ..................................................................................19.....
.....................................................
Judge Advocate

............................................
President


E 180 PAGE....

PROCEEDINGS ON PLEA(S) OF GUILTY
The accused 181 ....................................................................................
..............................................................................................................
is found guilty of 182
The finding(s)/is//are/read in open court and/is//are/announced
as being subject to confirmation.
The/summary//abstract/of evidence is read to the court by the
prosecutor, marked.............................signed by the president or
judge advocate and attached to the record. 183
or
The prosecutor informs the court of the facts contained in the
/summary//abstract/of evidence which is marked..............................
............................................................................. signed by the president
or judge advocate and attached to the record. 184


F1 PAGE....

PROCEEDINGS ON CONVICTION
Note: F2 should be completed before F1 if the accused has pleaded
not guilty to all charges. F1 should normally be completed before


178 Strike out if not applicable.
179 Strike out if not applicable.
180 Strike out this page if not applicable.
181 Insert pay number, rank, and name, unit or other description of the accused as

given on the charge-sheet.
182 Record the finding on each charge of which the accused is found guilty in the

appropriate form set out in the Seventh Schedule of the Rules of Procedure.
183 Strike out if not applicable. If this paragraph is struck out, Rule of Procedure 31(2)

must be complied with.
184 Strike out if not applicable. If this paragraph is struck out, Rule of Procedure 31(2)

must be complied with.

CH.211 – 134] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



F2 if the accused has pleaded guilty to any charge but the
president may in his discretion complete F2 before F1 if there is
no danger of the accused making an inconsistent plea.
Q. Do you wish to give evidence yourself or to call other

witnesses as to your character or in mitigation of punishment?
A. ................................................................................................
The evidence for the defence as to the accused’s character and in
mitigation of punishment, is recorded on pages.......................... 185 .
Q. Do you wish to address the court in mitigation of punishment?
A. ................................................................................................
The .............................................................…….......................... /makes
an address in mitigation of punishment, which is summarised
/below//on page .............. //hands in an address in mitigation of
punishment, which is read, marked ....................................…...................,
signed by the president or judge advocate and attached to the record/
186.
The list of offences which the court has, at the request of the
accused, agreed to take into consideration is read to the accused,
signed by him, marked ......................................................, signed
by the president or judge advocate and attached to the record. 187
188 (Final question addressed to the accused personally).
Q. Is there anything further that you wish to say to the court?
A. ................................................................................................

(The accused makes a statement which is recorded on
page...........)

The court closes to deliberate on sentence.


F2 PAGE...
PROCEEDINGS ON CONVICTION
Note: F2 should be completed before F1 if the accused has
pleaded not guilty to all charges.
The prosecutor calls evidence as to the accused’s character and
record.
.......................................…..............................................................
is duly sworn.


185 Strike out this paragraph if not applicable.
186 Strike out this paragraph if not applicable.
187 Strike out this paragraph is the accused has not requested other offences to be

taken into consideration.
188 Strike out if F1 is completed before F2.

DEFENCE [CH.211 – 135


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



Q. Do you produce the service record of the accused?
A. I produce ..............................................................................
Q. Have you compared it with the accused’s personal file?
A. ..............................................................................................
Q. Do the entries on it correspond with the entries in the accused’s

personal file?
A. ..............................................................................................
The ................................................................................. is read,
marked ................................................................... signed by
the president or judge advocate and attached to the record.
The accused/declines//elects/to cross-examine this witness/and
the cross-examination is recorded on pages ...................../.
The prosecutor adduces evidence under Rule of Procedure
57(3) which is recorded on pages........................... 189.
190 (Final question addressed to the accused personally.)
Q. Is there anything further that you wish to say to the court?
A. ..............................................................................................
(The accused makes a statement which is recorded on page....)
The court closes to deliberate on sentence.


G PAGE....

SENTENCE 191
The Court (having taken into consideration that he has spent
............................ days in civil custody and .............. days in
close arrest and ........................... days in open arrest in
connection with the matters for which he is before the court) 192
sentences the accused.................................. 193 to 194.
ANNOUNCEMENT OF SENTENCE
The court being re-opened, the accused is again brought before it.


189 Strike out this paragraph if the prosecutor does not adduce evidence under Rule of

Procedure 57(3).
190 Strike out if F2 is completed before F1.
191 Remove this page if not applicable.
192 The words in brackets are to be struck out when the sentence is mandatory, e.g. to

suffer death where the offence is murder. In all other cases only words which are
inapplicable should be deleted.

193 Insert the pay number, rank, name, unit or other description of the accused as
given on the charge sheet.

194 Record the sentence in the appropriate form of words set out in the Fifteenth
Schedule to the Rules of Procedure. Any recommendation to mercy (see Rule of
Procedure 60(8), recommendation under section 120(3) of the Defence Act, restitution
order (see section 127 of the Defence Act), or order made by the court, should be entered
on the record immediately after the sentence.

CH.211 – 136] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



The sentence (and recommendation to mercy 195 ) is//are/announced
in open court; the sentence is announced as being subject to
confirmation.
The president announces that the trial is concluded.
Signed at ........... this ............. day of .............................. 19 ....
...................................................
Judge Advocate

...................................
President


H PAGE....

CONFIRMATION 196


SEVENTH SCHEDULE (Rule 53)

FINDINGS
ACQUITTAL ON ALL CHARGES

Not guilty of/the charge//all the charges/.
Not guilty of/the charge//all charges/, and honourably acquit
him thereof.
Acquittal on some but not all charges.
Not guilty of the ................................... 197 charge(s) but is
guilty of the ................................................... 198 charge(s) not
guilty of the ............................................. 199 charge(s) and
honourably acquit him thereof but is guilty of the....... 200
charge(s).

CONVICTION ON ALL CHARGES
guilty of/the charge//all the charges/.


195 Strike out if not applicable.
196 For minutes of confirmation see the Eleventh Schedule to the Rules of Procedure.

Promulgation should be recorded immediately below the minute of confirmation in
accordance with Rule of Procedure 81(7).

197 Insert the number of the charge or charges as numbered in the charge-sheet.
198 Insert the number of the charge or charges as numbered in the charge-sheet.
199 Insert the number of the charge or charges as numbered in the charge-sheet.
200 Insert the number of the charge or charges as numbered in the charge-sheet.

DEFENCE [CH.211 – 137


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



SPECIAL FINDINGS
guilty of the ............................................ 201 charge/with the
exception of the words .............................. 202 //with the
exception that ....................203 not guilty of the offence charged
but is guilty of ........................................................................
.................................................... 204 .

NO FINDING ON ALTERNATIVE CHARGE
guilty of the ........................... 205 charge; the court records no
finding on the ................................ (alternative) charge.

WHERE THE ACCUSED IS UNFIT TO STAND HIS TRIAL
unfit to stand his trial.

FOUND GUILTY BUT INSANE
found guilty but insane in respect of charge(s).



EIGHTH SCHEDULE (Rule 66)

(8) RECORD OF RECONSIDERATION OF FINDING UNDER
RULE 66(5)

The judge advocate advises the court that the finding(s) on
the........................................ 206 charge(s)/is//are/contrary to the
law relating to the case, and that in his opinion the following
finding(s)/is//are/open to them —
............................................................................................... 207

The court is closed for reconsideration of finding.
The court on reconsideration finds that the accused is 208............
The finding(s) on reconsideration/is//are/read in open court and
(with the exception of the findings) of “not guilty” 209) /is//are/
announced as being subject to confirmation.




201 Insert the number of the charge or charges as numbered in the charge-sheet.
202 Specify the exception in detail. This form is appropriate when a special finding is

made under Rule of Procedure 52(3).
203 Specify the exception in detail. This form is appropriate when a special finding is

made under Rule of Procedure 52(3).
204 State the offence of which the accused is found guilty. This form is applicable

when a special finding is made under section 101(2), (5) or (6) of the Defence Act
205 Insert the number of the charge or charges as numbered in the charge-sheet.
206 Insert the number of charge as numbered in the charge-sheet.
207 Insert the advice given by the judge advocate.
208 Set out the finding(s) of the court in the appropriate form(s).
209 Strike out the words relating to findings of “not guilty” if there are no such

findings.

CH.211 – 138] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

NINTH SCHEDULE (Rule 57)

SERVICE RECORD OF ACCUSED
Pay Number ................ Rank ................ Name ................. Unit ...................
1. 210 He was enlisted on ............................................................

19....and commissioned on ....................................................
19....

2. He is serving on a 211.............................................................
3. His age is ...................................................................... years
4. 212 He is single/married/divorced/widowed and has...............

............................. children dependent on him.
5. His gross rate of pay is ..........................................................

per annum, but he is .......................................................... 213
6. 214 His reckonable service towards discharge or retirement

is ............................years
7. His reckonable service towards pension, gratuity, etc.,

is ...............................years
8. (i) He is entitled to the following decorations and awards-

(ii) The following acts of gallantry or distinguished conduct
are recorded in his personal file — ........................................
................................................................................................

9. He holds the substantive rank of ...........................................
with seniority from ................................................................
19.........and has held the/acting/ /rank of ...............................
continuously since..................................................................
19......

10. 215 He has been awaiting trial for............................... days 216
since he was first, in connection with the matters for which he is
before the court, charged or placed in arrest, of which
............................................ days were spent in civil custody
....................................... days were spent in close arrest and
.............................. days were spent in open arrest.

11. 217 /He is not now under sentence//He is now under sentence
of .....…………….......beginning on ..................19....


210 Delete inapplicable wording.
211 Insert the type and length of the commission or nature and length of the

engagement.
212 Delete inapplicable wording.
213 Include details of any deductions ordered under the Defence Act.
214 To be deleted in the case of an officer.
215 Delete inapplicable wording.
216 Exclude from the total number of days any period of absence without lease with

which he has been charged.
217 Delete inapplicable wording.

DEFENCE [CH.211 – 139


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



12. According to his personal file he has been found guilty of
the following offences — 218

During his
service

In the last
12 months

For 219 time(s) time(s)
For time(s) time(s)
For time(s) time(s)
For time(s) time(s)
For time(s) time(s)
13. I certify that this form contains a summary of the entries in

the service records relating to the accused.
Dated........................................... day of.............................
19....
Signed.........................................................................................

(rank, name, and appointment of officer signing)


TENTH SCHEDULE (Rule 82)

RECORD OF PROCEEDINGS ON REVISION
UNDER SECTION 108 OF THE ACT

At .......................................... 220 on the ................................ day
of ........................................... at ........................................ hours
the court re-assembled by order of ......................................... 221
the confirming officer for the purpose of re-considering its
finding(s) on the....................................................... 222 charge(s)
Present 223 .....................................................................................
......................................................................................................
......................................................................................................
The order directing the re-assembly of the court and giving the
reasons therefor is read, marked...................................................
signed by the president or judge advocate and attached to the
record.


218 If there are no entries in his personal file, enter “nil”.
219 If there are no entries in his personal file, enter “nil”.
220 Insert the name of the place.
221 Insert the rink, name, appointment, etc. of the confirming officer.
222 Specify the number(s) of the charge(s) concerned, e.g. the 5th charge.
223 Give the name of the president and members of the court who are present. If the

president is absent the senior member must report to the confirming officer. If a member
is absent and the court is thereby reduced below the legal minimum the president must
report to the confirming officer.

CH.211 – 140] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]


The court having considered the observations of the confirming
officer and the whole of the record of the proceedings does now
revoke its findings) on the .........................……...... 224 charge(s)
and finds the accused 225 ............ is 226 ................................
........................... and/adheres to its sentence//sentences the
accused to 227 .......................................................................
..........................................................................…………..............
....................................................................................................
in substitution for the original sentence/.

or
The court having considered the observations of the confirming
officer respectfully adheres to its finding(s) on the.......………...
.......................... charge(s)/and to its sentence//but sentences the
accused 228 ...............………………………….......................to
....................................................................... in substitution for
the original sentence/.

or
The court having considered the observations of the confirming
officer and the whole of the record of the proceedings does not
revoke its finding(s) on the ....................................................... 229
charge(s) and finds the accused ............................... not guilty
of/ that//those/charge(s).
Signed at ................................................................. 230 this ........
day of............................................................................ 19 .....
.....................................................
Judge advocate

..................................
President



ELEVENTH SCHEDULE (Rules 81 & 83)

CONFIRMATION
Note: These forms are for guidance only and do not constitute an
exhaustive list of all the possible variations and should be adapted
to the circumstances of each case.
Confirmed.


224 Specify the number(s) of the charge(s) concerned, e.g. the 5th charge.
225 Insert accused's pay number, rank, name's unit or other description as given in the

charge-sheet.
226 Set out the finding in the appropriate form of words given in the Seventh

Schedule.
227 Set out the new sentence in accordance with the appropriate form set out in the

Fifteenth Schedule.
228 Insert accused's pay number, rank, name's unit or other description as given in the

charge-sheet.
229 Specify the number(s) of the charge(s) concerned, e.g. the 5th charge.
230 Insert the name of the place.

DEFENCE [CH.211 – 141


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



I confirm the court’s finding(s), sentence and order under
section 127 of the Defence Act, but/remit .................................. 231
………........................................... //commute .................................... 232 /
I confirm the court’s finding(s), sentence and order under
section 125 of the Defence Act, but mitigate the sentence so
that it shall be as follows — 233

___________
I vary the sentence so that it shall be as follows ................................ 242
and confirm the finding and sentence as so varied. 234

___________
I confirm the finding(s) but substitute the sentence of ................
................................................... for the sentence of the court. 235

___________
I substitute a finding of. ........................................................................... for
the finding of the court and confirm the sentence but/remit
.................................................. 236 //commute ...............................................
................................................................................................................... 237 /.

___________
I substitute a finding of.......................................................................... for
the finding of the court and substitute the sentence of.................
.................................................................. for the sentence of the court 238 .

___________
I substitute a finding of............................................................…….. for
the finding of the court on the...........................………................. charge
and confirm the finding(s) of the court on the..........….......…...
charge(s) and the sentence.

_______________


231 State what part of the sentence is remitted.
232 State what the sentence is commuted to.
233 This form of words may be used when it is impracticable to use either “remit” or

“commute”.
234 This form of words is appropriate when the court has expressed the sentence

informally or incorrectly and the confirming officer desires to put it into the correct legal
form.

235 This form of words is appropriate when the court has passed an illegal sentence on
the accused and the confirming officer desires to substitute a legal sentence.

236 State what part of the sentence is remitted.
237 State what the sentence is commuted to.
238 The form of words is appropriate where the court has recorded no finding on some

charge alternative to a charge upon which it has recorded a finding of guilty and the
confirming officer, being of opinion that the court must have been satisfied of the
accused's guilt on the alternative charge wishes to substitute a finding of guilty on that
charge for the finding of the court and to substitute a proper sentence not greater than
that imposed by the court.

CH.211 – 142] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Not confirmed (on the grounds that...................................... 239 ).

_______________

I confirm the finding(s) of the court on the..................................
charge(s) but do not confirm its finding(s) on the........................
....................... charge(s) (on the grounds that..............................
................................................... 240). I confirm the sentence but/
remit ............................................ //commute ...................... 241 /.

_______________

I refer the finding(s) and sentence to............................................
for confirmation.

_______________

I confirm the finding(s) of the court on the..................................
charge(s) and refer the finding(s) on the.......................................
charge(s) and the sentence to............................................. 242 for
confirmation.

_______________

I confirm the finding(s) of the court but refer the sentence to....
................................................................... 243 for confirmation.

_______________

/The record//Part of the record/of the proceedings of the ............
................................ court-martial which tried ............................
....................................... at ..........................................................
the ................................. day of ...................................................
19 .......... having been lost I do not confirm the finding(s) of the
court.


239 Where a confirming officer withholds confirmation because he disapproves of the

decision of the court on a plea to the jurisdiction in bar of trial or on an objection to a
charge, he should specifically state that he is withholding confirmation for this reason. In
other cases the confirming officer is not bound to give his reasons for withholding
confirmation.

240 Where a confirming officer withholds confirmation because he disapproves of the
decision of the court on a plea to the jurisdiction in bar of trial or on an objection to a
charge, he should specifically state that he is withholding confirmation for this reason. In
other cases the confirming officer is not bound to give his reasons for withholding
confirmation.

241 State what the sentence is commuted to.
242 Insert the appointment of the higher authority to whom the matter is to be referred.
243 Insert the appointment of the higher authority to whom the matter is to be referred.

DEFENCE [CH.211 – 143


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



Signed at ............................................................................... this
........................................................... day of ...................... 19....

.........................................................
(Signature, rank and appointment of

confirming officer)244


TWELFTH SCHEDULE (Rule 81)

DIRECTION UNDER SECTION 120(3) OF THE ACT 245

I .............................................../confirming officer//reviewing
authority/hereby direct that the accused......................................
.......................................................... pay number, rank, name or
other description) shall not be required to be returned to The
Bahamas until he has served/................................... months /
........................................................................................ years/of
the sentence of/imprisonment//detention/passed on him.
Dated ............................................................................19...........

.........................................................
(Signature)

____________
246 To be put under stoppages of pay until he has made good the
sum of ...................247(2) in respect of ......... 248(3)
249 To be deprived of his good conduct/medal//badge(s)/.

____________


244 The rank and appointment of the confirming officer should be clearly stated after

or under his signature.
245 When the confirming officer is making the direction this form of words should be

inserted in the record of the proceedings of the court-martial in the confirming officer's
minute of confirmation; when made by a reviewing authority it should follow the minute
of promulgation.

246 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

247 Insert the amount which has to be made good by stoppages in respect of the charge
or article supplied.

248 Specify the charge or article in respect of which the stoppage is to be imposed. If
stoppages are being imposed in respect of more than one charge or article the amount
which has to be made good in respect of each charge or article must be stated separately.

249 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

Stoppages.
Deprivation of
good conduct
medal, badges.

CH.211 – 144] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]


250 To undergo stoppage of overnight leave and extra work/extra
drill for ............. ................................................................ days.

___________
251 To undergo stoppage of overnight leave for ................ days.

___________
252 To undergo/extra work//extra drill/for............... hours a day
for ...........................................………..................... days.

___________
253 To be admonished.

......................................................................
(Signature, rank and appointment of confirming officer)254



THIRTEENTH SCHEDULE (Rule 81)

RESTITUTION ORDER 255
In accordance with subsection .....................................................
of section 127 of the Defence Act, I ..................................... 256
hereby order that............................................................... 257,258
be/delivered /paid/to ........................................................... 259,260


250 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
251 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
252 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
253 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
254 Insert the rank, name and appointment of confirming officer or reviewing

authority as the case may be.
255 When the confirming officer is making the order this form of words should be

inserted in the record of the proceedings of the court-martial in the confirming officer's
minute of confirmation; when made by a reviewing authority it should follow the minute
of promulgation.

256 Insert the rank, name and appointment of confirming officer or reviewing
authority as the case may be.

257 Insert the rank, name and appointment of confirming officer or reviewing
authority as the case may be.

258 Insert description of article or amount of money, as the case may be.
259 Insert the rank, name and appointment of confirming officer or reviewing

authority as the case may be.

260 Insert name of person to whom restitution is being made. If the order directs that

property shall be delivered to the person appearing to be the true owner and the title to
the property is not in dispute, the following words may be added, “and I direct that this
order shall be carried out forthwith”, (see section 125 (10) of the Defence Act).

Stoppage of
overnight leave
and extra work or
drill.

Stoppage of
overnight leave.

Extra work drill.

Admonition.

DEFENCE [CH.211 – 145


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



Date ..............................................................................19............
...................................................

(Signature)
/Confirming officer/
/Reviewing authority



FOURTEENTH SCHEDULE (Rule 81)

PROMULGATION
Promulgated and extracts taken at ...........................................
(place this ....................................day of...........................19....

.......................................................
(Signature, rank, and appointment of

officer making the promulgation)


FIFTEENTH SCHEDULE (Rule 60)

SENTENCES
Note: The words in the margin should be entered in the right
hand margin of the record of the proceedings of a court-martial
opposite the record of the sentence.

OFFICERS
261 To suffer death in the manner authorised by law.

_____________
262 To be imprisoned for the term of...........................................
years (calendar months), to be dismissed (with disgrace) from the
Defence Force and to suffer the consequential penalties involved.

_____________
263 To be dismissed with disgrace from the Defence Force and to
suffer the consequential penalties involved.

_____________


261 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
262 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
263 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.

Dismissal with
disgrace.

Imprisonment.

Death.

CH.211 – 146] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]


264 To be dismissed from the Defence Force and to suffer the
consequential penalties involved.

–––––––––––––––
265 To forfeit......................................................... months (years)
seniority as a ............................................. in the Defence Force.

–––––––––––––––
266 To be dismissed from Her Majesty’s Bahamian Ship ............

–––––––––––––––
267 To be fined ..................................................................dollars.

–––––––––––––––
268 To be/severely reprimanded//reprimanded/

–––––––––––––––
269 To be put under stoppages of pay until he has made good the
sum of........................ 270 in respect of.................................... 271

_____________

WARRANT OFFICERS
272 To suffer death in the manner authorised by law.

_____________


264 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
265 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
266 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
267 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
268 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
269 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
270 Insert the amount which has to be made good by stoppages in respect of the

charge or article supplied.
271 Specify the charge or article in respect of which the stoppage is to be imposed. If

stoppages are being imposed in respect of more than one charge or article the amount
which has to be made good in respect of each charge or article must be stated separately.

272 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

Dismissal.

Forfeiture of
seniority.

Dismissal from
ship.

Fine.

/Severe
reprimand//
Reprimand/.

Stoppages.

Death.

DEFENCE [CH.211 – 147


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS


273 To be imprisoned for a term of.............................................
years (calendar months), to be dismissed (with disgrace) from
the Defence Force, to be disrated to.......................................
and to suffer the consequential penalties involved.

_____________
274 To be dismissed with disgrace from the Defence Force, to
be disrated to ......................................................... and to suffer
the consequential penalties involved.

_____________
275 To be dismissed from the Defence Force, to be disrated
to…. and to suffer the consequential penalties ..........................
involved.

_____________
276 To undergo detention for the term of .......................... years
(calendar months), to be disrated to .......................……... and
to suffer the consequential penalties involved.

_____________
277 To be disrated to ...................................................................

_____________
278 To be fined .................................................................dollars

_____________
279 To be/severely reprimanded//reprimanded/




273 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
274 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
275 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
276 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
277 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
278 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
279 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.

Imprisonment
and disrating.

Dismissal with
disgrace and
disrating.

Dismissal and
disrating.

Detention and
disrating.

Disrating.

Fine.

/Severe
reprimand//
Reprimand.

CH.211 – 148] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]


280 To be put under stoppages of pay until he has made good the
sum of............................. 281 in respect of ............................... 282

_____________

NON-COMMISSIONED OFFICERS
283 To suffer death in the manner authorised by law.

_____________
284 To be imprisoned for the term of ................................. years
(calendar months), to be dismissed (with disgrace) from the Defence
Force, to be disrated to........................................................ and
to suffer the consequential penalties involved.Imprisonment and
disrating.

_____________
285 To be dismissed with disgrace from the Defence Force, to be
disrated to ......................................................... and to suffer the
consequential penalties involved.

_____________
286 To be dismissed from the Defence Force, to be disrated to
and to suffer the consequential penalties involved.

_____________
287 To undergo detention for the term of............................ years
(calendar months), to be disrated to..............................................
and to suffer the consequential penalties involved.

_____________


280 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
281 Insert the amount which has to be made good by stoppages in respect of the

charge or article supplied.
282 Specify the charge or article in respect of which the stoppage is to be imposed. If

stoppages are being imposed in respect of more than one charge or article the amount
which has to be made good in respect of each charge or article must be stated separately.

283 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

284 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

285 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

286 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

287 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

Stoppages.

Death.

Imprisonment
and disrating.

Dismissal
with disgrace
and disrating.

Dismissal and
disrating.

Detention and
disrating.

DEFENCE [CH.211 – 149


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS


288 To be disrated to ...................................................................

_____________
289 To be fined ................................................................ dollars

_____________
290 To be/severely reprimanded//reprimanded/

_____________
291 To be put under stoppages of pay until he has made good
the sum of........................................ 292 in respect of..................
.............................................................…………………….. 293

_____________
294 To be deprived of his good conduct/medal//badge(s)/

_____________
295 To undergo stoppage of overnight leave and extra
work/extra drill for............................................................ days.

_____________
296 To undergo stoppage of overnight leave for .................days.

_____________
297 To undergo/extra work//extra drill/...............................
hours a day for ......................……………........................days.

_____________


288 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
289 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
290 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
291 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
292 Insert the amount which has to be made good by stoppages in respect of the

charge or article supplied.
293 Specify the charge or article in respect of which the stoppage is to be imposed. If

stoppages are being imposed in respect of more than one charge or article the amount
which has to be made good in respect of each charge or article must be stated separately.

294 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

295 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

296 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

297 See section 121 of the Act and Defence (Imprisonment and Detention)
Regulations.

Disrating.

Fine.

/Severe
reprimand//
Reprimand/.

Stoppages.

Deprivation of
good conduct
medal, badges.

Stoppage of
overnight leave
and extra work or
drill.

Extra work or
drill.

Stoppage of
overnight leave.

CH.211 – 150] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]


298 To be admonished.

––––––––––––

MARINES
299 To suffer death in the manner authorised by law.

––––––––––––
300 To be imprisoned for...............................................................

––––––––––––
301 To be dismissed with disgrace from the Defence Force.

––––––––––––
302 To be dismissed from the Defence Force.

––––––––––––
303 To undergo detention for.........................................................

––––––––––––
304 To be fined ..............................................................................


SIXTEENTH SCHEDULE (Rule 60)

IMPRISONMENT IN DEFAULT OF PAYMENT OF FINE 305
(a) To be imprisoned for ...........................................................
and to be fined ..................................; and if any part of that fine
is not duly paid or recovered on or before the date on which the
accused could otherwise be released from that term of
imprisonment, to undergo a further consecutive term of
imprisonment of ...........….................... (not exceed 12 months),
subject to and in accordance with the provisions of section 80
of the Defence Act.


298 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
299 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
300 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
301 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
302 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
303 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
304 See section 121 of the Act and Defence (Imprisonment and Detention)

Regulations.
305 See section 80 of the Defence Act.

Admonition.

Death.

Imprisonment.

Dismissal with
disgrace.

Dismissal.

Detention.

Fine.

DEFENCE [CH.211 – 151


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



(b) To be fined ............................................................................;
and if any part of that fine is not duly paid or recovered on or
before the date on which the accused could otherwise be
released from the term of imprisonment which he is already
serving or is otherwise liable to serve, to undergo a further
consecutive term of imprisonment of.................... (not to exceed
12 months), subject to and in accordance with the provisions of
section 80 of the Defence Act.



SEVENTEENTH SCHEDULE (Rule 60)

RECOMMENDATION UNDER SECTION 120(3)
OF THE ACT 306

The court recommends that the accused..................................
..................................................(pay number, rank, name or other
description) shall not be required to be returned to The Bahamas
until he has served/ .......................................................
months//..................................................... years/of his sentence.



EIGHTEENTH SCHEDULE (Rule 60)

RESTITUTION ORDER 307
In accordance with subsection ................................................of
section 127 of the Defence Act, the court hereby orders that... 308
be/delivered//paid/to .....…………………………….......... 309.



NINETEENTH SCHEDULE (Rule 20)

(1) OATHS AT COURTS-MARTIAL
President and Members

I swear by Almighty God that I will well and truly try the/accused
/accused persons/before the court according to the evidence, and
that I will duly administer justice according to the Defence Act,




306 This form of words should be inserted in the record of proceedings of the court-

martial in the sentence passed by the court.
307 This form of words should be inserted in the record of the proceedings of the

court-martial in the sentence passed by the court.
308 Insert the description of the article or the amount of money, as the case may be.
309 Insert name of the person to whom restitution is made. If the order directs that

property shall be delivered to the person appearing to be the true owner and the title to
the property is not in dispute, the following words may be added, “and the court further
orders that this order shall be carried out forthwith” (see section 127(10) of the Defence
Act).

CH.211 – 152] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



without partiality, favour or affection, and I do further swear that I
will not on any account at any time whatsoever disclose or
discover the vote or opinion of the president or any member of this
court-martial, unless thereunto required in due course of law.

Judge Advocate
I swear by Almighty God that I will to the best of my ability carry
out the duties of judge advocate in accordance with the Defence
Act, and the rules made thereunder and without partiality, favour
or affection, and I do further swear that I will not on any account
at any time whatsoever disclose or discover the vote or opinion on
any matter of the president or any member of this court-martial,
unless thereunto required in due course of law.

Officer under Instruction
I swear by Almighty God that I will not on any account at any
time whatsoever disclose or discover the vote or opinion of the
president or any member of this court-martial unless thereunto
required in due course of the law.

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 before the court-martial.

Witness
I swear by Almighty God that the evidence which I shall give
before this court-martial 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 before this court-martial shall be the truth, the whole truth
and nothing but the truth.

(2) 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 in
their right hand.

(3) SOLEMN AFFIRMATIONS
The person making a solemn affirmation shall say to or repeat
after the person administering the solemn affirmation the words of
the appropriate form of oath except that for the words “I swear by
Almighty God” he shall substitute the words “I (name in full) do
solemnly, sincerely and truly declare and affirm” and for the word

DEFENCE [CH.211 – 153


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



“swear” wherever it occurs the words “solemnly, sincerely and
truly declare and arm”.



TWENTIETH SCHEDULE (Rule 86)

(1) PETITIONS
(2) LIST OF PERSONS TO WHOM PETITIONS MAY BE
PRESENTED UNDER RULE 86
(1) PETITIONS
Petition to confirming officer (before confirmation)
To the confirming officer.
I.................................................................................... 310 having
been convicted by court-martial on......................................... 311
at.................................................. 312 and having been sentenced
to ....................................................................... hereby petition
against the finding(s) on the .................................................
charge(s) 313 and the sentence 314 on the following grounds-
........................................................................................................
....................................................................................................

Signed..................................................... 315
Dated...........................................................

Petition to reviewing authority (after promulgation)
To............................................................................................. 316
I.....................................................................................................
317 having been convicted by court-martial on ........................ 318
at .............................................. 319 and having been sentenced to
................................................................... and having had the


310 Insert the accused's pay number, rank, name, unit or other description.
311 Insert the date when accused was convicted.
312 Insert the place where the trial was held.
313 The words “the finding(s) on the charge(s)” should he omitted if the accused is

only petitioning against sentence.
314 The words “and the sentence” should be omitted if the accused is not petitioning

against sentence.
315 Petitions should be signed by the accused personally but may, if necessary, be

signed on his behalf by his representative.
316 Here state the reviewing authority whom it is desired to petition.
317 Insert the accused's pay number, rank, name, unit or other description.
319 Insert the place where the trial was held.

CH.211 – 154] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



finding(s) and sentence promulgated to me on ............................
320 hereby petition against the finding(s) on the ..........................
charge(s) 321 and sentence 322 on the following grounds — ................
......................................................................................................
......................................................................................................

Signed............................................. 323
Dated..........................…........................

––––––––––

(2) LIST OF PERSONS TO WHOM PETITIONS MAY BE
PRESENTED UNDER RULE 86
Circumstances Person to whom a petition may

be presented
1. Petitioner serving in or in

custody on board HMB ship
Captain of the ship

2. Petitioner in custody on
board a ship other than
one of HMB ships

Officer commanding forces on
board

3. Petitioner serving with a
Defence Force unit

Officer commanding the unit

4. Petitioner confined in a civil
prison

Superintendent of the prison



TWENTY-FIRST SCHEDULE (Rule 90)

ORDER FOR TEMPORARY CUSTODY IN A MENTAL
INSTITUTION

TO the Superintendent of ............................................................
WHEREAS Pay No ...................... Rank/Rate ....................
Name ..................................…….….. Unit .…..........................
a member of the Defence Force, who has been found by court-
martial to be/unfit to stand trial by reason of insanity/guilty of
the offence with which he was charged, but insane/ 324 ;


320 Insert the date when the findings and sentence were promulgated.
321 The words “the finding(s) on the charge(s)” should he omitted if the accused is

only petitioning against sentence.
322 The words “and the sentence” should be omitted if the accused is not petitioning

against sentence.
323 Petitions should be signed by the accused personally but may, if necessary, be

signed on his behalf by his representative.
324 Delete as appropriate.

DEFENCE [CH.211 – 155


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



NOW, therefore, in pursuance of section 115 of the Defence
Act, and rule 90 of the Defence Rules of Procedure (Part II), I
hereby order you to receive the above-named into temporary
custody until/he is fit to stand trial or/ 325 the Minister makes
appropriate directions.
Signed this...................................day of ......................19...........
Signature: ................................................................................ 326
Commander Defence Force



DEFENCE (BOARD OF INQUIRY) RULES

(SECTION 135)
[Commencement 20th September, 1984]

1. These Rules may be cited as the Defence (Board
of Inquiry) Rules.

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

“board” means a board of inquiry established under
section 126 of the Defence Act;

“civil authority” includes a coroner and the police;
“president” means president of a board; and
“record of the proceedings”, in relation to a board,

includes the report of the board and any opinion
expressed by the board in accordance with the
directions given by the convening officer.

3. A board shall investigate and report on the facts
of any matter referred to the board under these Rules and
shall, if so directed by the convening officer, express their
opinion on any question arising out of any matter referred
to the board.

4. A board shall be convened with reference to —
(a) the sinking of any Defence Force craft where an

inquiry into such sinking is not held by any civil
authority;


325 Delete if inappropriate.
326 This form must be signed by Commander Defence Force.

S.I. 49/1984

Citation.

Interpretation.

Duties of boards.

Matters for
reference to
boards.

Related Laws