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- Legal System
- The Bahamian legal system is based on English common law,
which, since 1964, has been complemented by an American type of
constitutionalism which declares the existence of certain fundamental
principles that are to be observed and enforced. These rights are
enshrined in the
Constitution. Article 15 of the Constitution concisely states
these principles;
- "Whereas every person in the Bahamas is entitled
to the fundamental rights and freedom of the individual, that is to say,
has the right, whatever his race, place of origin, political opinions,
colour, creed or sex, but subject to respect for the rights and freedoms
of others and for the protection of the public interest, to each and all
of the following namely -
- (1) life, liberty, security of the person and the
protection of the law;
- (2) freedom of conscience, of expression and of
assembly and association; and
- (3) protection for the privacy of his home and other
property and from deprivation of property without
compensation;
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- the subsequent provisions of this chapter shall
have effect for the purpose of affording protection to the aforesaid
rights and freedoms subject to such limitations of that protection as
are contained in those provisions, being limitations designed to ensure
that the enjoyment of the said rights and freedoms of any
individual does not prejudice the rights and freedoms of others or the
public interest."
As of December, 2000 there were approximately 587
lawyers qualified to practise at The Bahamas Bar, 246 females, 341 males
and about half possessing more than ten years experience.
Every lawyer entitled to practise in The Bahamas is
properly styled a "counsel and attorney", and is an officer of the
Supreme Court. All persons admitted to practise collectively form the
Bahamas Bar Association (BBA). The Bar Council, the executive body of the
BBA, has responsibility for deciding whether an applicant for admission to
practise is qualified.
The statutory qualification for admission to practise is -
- (1) a call to the Bar of England, Scotland, Northern
Ireland or Eire, or of such other country as may be specified;
- (2) admission to practise as a solicitor in any of the
above countries; or
- (3) receipt of a Legal Education Certificate from the
Council of Legal Education of the West Indies.
- Applicants who meet requirements (1), (2) or (3) above,
must also serve for 12 months under the tutelage of a lawyer in actual
practice in The Bahamas before being admitted to practise. All applicants
for admission to practise must be Bahamians, and must not have been
disqualified or suspended from practice in the courts of any place outside
The Bahamas.
- The Bar Council may agree to the special admission of a
person who is not a Bahamian for the purpose of conducting particular
proceedings so long as the person is qualified as above. Also, a person
entitled to practise before a court of unlimited jurisdiction in any
country may become a "registered associate" and agent of a
counsel and attorney.
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- Any person, not admitted to practise, who acts as counsel
and attorney is guilty of a criminal offence.
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- The Council of Legal Education of the West Indies is the
regional body to which most of the English-speaking territories in The
Caribbean subscribe. The Council consists of the Dean of the Faculty of
Law, representatives of the Bar, the judiciary and principals of the Law
Schools. The Council operates three law schools, one in Jamaica - the
Norman Manley Law School, in Trinidad and Tobago - the Hugh Wooding Law
School and in The Bahamas - the Eugene
Dupuch Law School.
- The qualification for admission to any of the law schools
is the possession of a University of the West Indies law degree or a law
degree of a University or Institution which is recognised by the Council
and the successful completion of an examination set by the Council. The
Legal Education Certificate is awarded after satisfactory completion of
the two year program, or in the case of persons who possess law degrees
from other jurisdictions, completion of the six month conversion
program.
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- Courts of Justice
- These are courts of first instance. There are seventeen
(17) Magistrates Courts in The Bahamas: fourteen (14) in New Providence;
two (2) in Freeport, Grand Bahama; and one (1) in Eight Mile Rock, Grand
Bahama.
Stipendiary and Circuit Magistrates must have been members
of the English, Irish, Scottish or Bahamian Bar and have practised for at
least five (5) years. The Governor-General acting on the advice of the
Judicial Legal Service Commission appoints the Chief Magistrate and two
Deputy Chief Magistrates. Stipendiary and Circuit Magistrates are ex officio
Magistrates for The Bahamas.
- A Magistrate has jurisdiction to try all summary
offences, investigate all charges of indictable offences and to hear and
determine any civil cause where the amount to be recovered or the value of
the property in dispute does not exceed $5,000.00, unless a statute
provides jurisdiction in relation to a higher amount, as is the case in a
number of regulatory statutes e.g. the National
Insurance Act.
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- Various juvenile and domestic matters are also heard in
the Magistrates' Court.
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- The Industrial Tribunal comprises (3) members appointed
by the Governor-General acting on the advice of the Judicial and Legal
Service Commission. The Tribunal has the power to hear and determine trade
disputes, register industrial agreements, hear and determine matters
relating to the registration of such agreements, make orders or awards and
award compensation on complaints brought and proved before the Tribunal.
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- This is the second highest court in the country. The
Supreme Court consists of a Chief Justice and not more than eleven and not
less than two Justices of the Court. The Chief Justice is appointed by The
Governor-General on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition. Justices of the Supreme
Court are appointed by The Governor-General on the advice of the Judicial
and Legal Service Commission.
- A Justice of the Supreme Court may hold office until the
age of sixty-five years and no later than sixty-seven years with the
permission of the Governor-General on the recommendation of The Prime
Minister after consultation with the Leader of the Opposition.
- A Justice of The Supreme Court must be a counsel
and attorney and a member of the Bahamas Bar for at least ten years or a
member of a Commonwealth Country’s Bar and have practised for at least
ten years. The Supreme Court has unlimited original jurisdiction in civil
and criminal causes and matters and an appellate jurisdiction conferred on
it by the Supreme Court Act, 1996 or any other law, which includes appeals
from the Magistrates’s Court.
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- The Court of Appeal consists of a President, the Chief
Justice who, as head of the judiciary is an ex officio member of the Court
and sits at the invitation of the President, and not less than two and not
more than four Justices of Appeal. To qualify as a Justice of Appeal one
must either hold or have previously held a judicial office. The Court has
jurisdiction to hear and determine appeals from judgements, orders and
sentences made by the Supreme Court. The Court of Appeal also has
jurisdiction to hear and determine appeals from matters in a magisterial
court in respect of indictable offences triable summarily on the grounds
that -
- (i) the court had no jurisdiction or exceeded its
jurisdiction in the matter;
- (ii) the decision was unreasonable, could not be
supported by the evidence or was erroneous in point of law;
- (iii) the decision of the magistrate or the sentence
passed was based on a wrong principle;
- (iv) some material illegality occurred affecting the
merits of the case; or
- (v) the sentence was too severe or lenient.
- At the apex of the court hierarchy for The Bahamas is the
Judicial Committee of the Privy Council in London, England. The Judicial
Committee of the Privy Council serves as the ultimate Court of Appeal in
all matters where appeal is permissible. The Judicial Committee consists
of the Lord President of the Council, the Lord Chancellor, ex-Lord
Presidents, the Lords of Appeal in Ordinary and such other members of the
Privy Council as from time to time hold or have held high judicial office
and two other privy counsellors who may be appointed by the sovereign.
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