Law of the Bahamas: Difference between revisions
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{{Politics of the Bahamas}} |
{{Politics of the Bahamas}} |
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The basis of the Bahamian Law and legal system lies within the [[English Common Law]] tradition. [[Judge|Justices of the Supreme Court]], [[Registrar]]s{{ |
The basis of the Bahamian Law and legal system lies within the [[English Common Law]] tradition. [[Judge|Justices of the Supreme Court]], [[Registrar]]s{{disambiguation needed|date=August 2011}} and [[Magistrate]]s are all appointed by The [[Governor-General of the Bahamas|Governor-General]] acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their [[chairman]]. The [[Chief Justice]] and the Justices of the [[Court of Appeal]], including the President, are appointed by the Governor-General on the recommendation of the [[Prime Minister of the Bahamas|Prime Minister]] after consultation with the [[Leader of the Opposition]]. Once appointed, the [[salaries]] and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the [[judge]], the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years.The law of [[The Bahamas]] makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is [[ex officio]], a member of the Court of Appeal; however, he/she only sits at the invitation of the President .<ref name="A">{{cite web| first=| last=| title=The Judiciary of the Commonwealth of The Bahamas| work=The Government of the Bahamas | date= |url=http://www.bahamas.gov.bs/wps/portal/public/The%20Government/Judiciary/Overview%20of%20Judicial%20Branch/!ut/p/b1/vZLJcqMwFEW_JR-QIEAIWGLAAjNPMrChAA8xNjYesICvb6d70UNVkk0n0kpVR---e99jciZl8mN5323L2-50LA9v7xwVPMCOokDJwQJAwEx8W_FFg_NYgVkyaZpxg3Yy6VwnRZfcjW5LzpTMXVfTB1tFtPUvaDvruqgEWSEj7M12x7UkyfQ5uVWSMbcCJJ3Wi0QcJVEcLRSZxMXh2K5eUWD4Y13OJ6cqZH5A6yEzCExYfFxVFTQvsOGLg3fb6yI2duiYRv7s9Zlb0X7mVtOi3qtJtwzPsyxfvNbqOXkNnCBq3SEmm3wAm7N8bxWAyzGETw-j2cMoeOco4LMcfv1_D4Dg8xzzD5G3Cj-Bj1r8sILFMa5xatdM9sDEP7CYAGCyQAkjNgCSyzIxkwJYRM3YmdN-CpspANFecN1Y50GcTHEihm48t-NVyTpaTdk967qNa8ca8ZyLCWLX91ckTGaKcuWFCP0r6HGx_BBUWWQlAogA_GpBLHjSIwgx9hWBA9hjv1uQ_9ZIse-BL3f419LA4P_PcMHku6p9oXX7Al4kGbGCKEFZQgBCSWRIk0FZpeag63ExNqRCrXDroKVaWrYEST72yVZ9jiw-vccbzIa6XYfn_AaBRtNeS71SUTBJriUnLx3ir7R5LytaF1LxpKNRwPcoUE-YPRlDrUppuMWAi5An0dq4NmQCdnprMFrWZWPzQsEXd-42dSwhfXYBdhXR9SUa5v40WCjPwzahG_m640QxN6K-3x3aw1ls-5QsF3l7EAscLBZ9qJVrEx4cfUiu-hBJoYvGo0vzPXe-PjFde7dsFBqUlX5fqjz9AIAO-pg!/dl4/d5/L2dBISEvZ0FBIS9nQSEh/}}</ref> |
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==Legal System== |
==Legal System== |
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====Criminal Matters==== |
====Criminal Matters==== |
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Proceedings are all instituted in the name of [[Monarchy of the Bahamas|the Queen]] in the Supreme Court and in the name of the [[Commissioner of Police]] in the Magistrate's Court. The Magistrate's Court hears summary matters or indictable matters, which may be heard summarily. Stipendiary and Circuit Magistrates have jurisdiction to impose a maximum sentence of five years. They also conduct preliminary inquiries in indictable matters to determine whether a prima facie case has been made against an accused person. If a [[prima facie]] case is made out, the accused is committed to the Supreme Court to stand [[trial]]. If the person is tried and convicted in the Magistrate's Court, an appeal lies to the Supreme Court or to the Court of Appeal, depending on the nature of the offence. An appeal may lie from the Court of Appeal to the [[Judicial Committee of the Privy Council|Judicial Committee of Her Majesty's Privy Council]], which is the highest Court of Appeal in The Bahamas.<ref name="A1">{{cite news | first=| last=| title=Legal System | work=Government of the Bahamas | date= | url=http://www.bahamas.gov.bs/wps/portal/public/The%20Government/Judiciary/Overview%20of%20Judicial%20Branch/!ut/p/b1/vZJJcqNAEEXPogPYFFNRLBGgAgHFXAI2BKDBQkJCA2I4fcu96SGi7U3bmauMeJE__s9kMiZhslPx2O-K-_58Ko7vcwZzHmBHUQTkYBFAYMaerXiSwbmsyKyYJEm5QTub_UKneRs_jHZHLz1dEKLpg63CvvGucDdv27AAaS5D7M73pw1Ccv8S30tkLCwfovNmGUsjkqTRgqFJCQ7GZv0GfcMbq2IxOWUu8wPcDKlBhZjFp3VZCuZVqPn86N4PuoSNPTwloTd_e-HWfTcn5bSsDmrcroLLPM2Wb5V6id98xw8bMkR0mw1ge5EfjQJwMQbC7Gk0_cCoAD7PIfsQed_wEwD_KAV8ssHiGGKcmw2TPjHpNyyiAJgsUIKQ9QEiLBMxCRDysB5bczpMQT35IDyIhEQ6D6J4imIpINHCjtYF62hVzx5YQmpiRxp1nasJIuJ5axrEc0W58WII_xZ0uUh-CqostGIRhED4akEsuugZhBR5isgB7LLfLch_a6TYc8GXO_zjaQT__99wyWT7snntq-YVvCIZsqKEBBlBIAhIYmidCrLam4OuR_lY0xI24r0VLNXS0hWIs7GLd-pLaPHJI9piNtDtKrhkdwFofdJpiVsoCqbxreDklUO9tbboZEVrg14663AU8SP01TNmz8ZQqSgJdhhwIXRRXxm3mk7ATu41hquqqG1ezPn8wd2nlqW0S6_ALsN-cw2HhTcNFsyyoIn7rXzbc5KUGWHX7Y_N8SI1XUJXy6w5Sjn2l8su0IqNKRwdfYhv-hCigMDxRPrswF1uM6ZtHjYMjJ5Fv7pXZrMf73Ew5Q!!/dl4/d5/L2dBISEvZ0FBIS9nQSEh/}}</ref> |
Proceedings are all instituted in the name of [[Monarchy of the Bahamas|the Queen]] in the Supreme Court and in the name of the [[Commissioner of Police]] in the Magistrate's Court. The Magistrate's Court hears summary matters or indictable matters, which may be heard summarily. Stipendiary and Circuit Magistrates have jurisdiction to impose a maximum sentence of five years. They also conduct preliminary inquiries in indictable matters to determine whether a prima facie case has been made against an accused person. If a [[prima facie]] case is made out, the accused is committed to the Supreme Court to stand [[trial]]. If the person is tried and convicted in the Magistrate's Court, an appeal lies to the Supreme Court or to the Court of Appeal, depending on the nature of the offence. An appeal may lie from the Court of Appeal to the [[Judicial Committee of the Privy Council|Judicial Committee of Her Majesty's Privy Council]], which is the highest Court of Appeal in The Bahamas.<ref name="A1">{{cite news | first=| last=| title=Legal System | work=Government of the Bahamas | date= | url=http://www.bahamas.gov.bs/wps/portal/public/The%20Government/Judiciary/Overview%20of%20Judicial%20Branch/!ut/p/b1/vZJJcqNAEEXPogPYFFNRLBGgAgHFXAI2BKDBQkJCA2I4fcu96SGi7U3bmauMeJE__s9kMiZhslPx2O-K-_58Ko7vcwZzHmBHUQTkYBFAYMaerXiSwbmsyKyYJEm5QTub_UKneRs_jHZHLz1dEKLpg63CvvGucDdv27AAaS5D7M73pw1Ccv8S30tkLCwfovNmGUsjkqTRgqFJCQ7GZv0GfcMbq2IxOWUu8wPcDKlBhZjFp3VZCuZVqPn86N4PuoSNPTwloTd_e-HWfTcn5bSsDmrcroLLPM2Wb5V6id98xw8bMkR0mw1ge5EfjQJwMQbC7Gk0_cCoAD7PIfsQed_wEwD_KAV8ssHiGGKcmw2TPjHpNyyiAJgsUIKQ9QEiLBMxCRDysB5bczpMQT35IDyIhEQ6D6J4imIpINHCjtYF62hVzx5YQmpiRxp1nasJIuJ5axrEc0W58WII_xZ0uUh-CqostGIRhED4akEsuugZhBR5isgB7LLfLch_a6TYc8GXO_zjaQT__99wyWT7snntq-YVvCIZsqKEBBlBIAhIYmidCrLam4OuR_lY0xI24r0VLNXS0hWIs7GLd-pLaPHJI9piNtDtKrhkdwFofdJpiVsoCqbxreDklUO9tbboZEVrg14663AU8SP01TNmz8ZQqSgJdhhwIXRRXxm3mk7ATu41hquqqG1ezPn8wd2nlqW0S6_ALsN-cw2HhTcNFsyyoIn7rXzbc5KUGWHX7Y_N8SI1XUJXy6w5Sjn2l8su0IqNKRwdfYhv-hCigMDxRPrswF1uM6ZtHjYMjJ5Fv7pXZrMf73Ew5Q!!/dl4/d5/L2dBISEvZ0FBIS9nQSEh/}}</ref> |
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====Civil Matters==== |
====Civil Matters==== |
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Most [[civil]] cases are heard solely by a judge. Appeals from final judgments of the Supreme Court in civil cases lie as of right to the Court of Appeal, and with the leave of the Court of Appeal and Supreme Court in some interlocutory matters or further appeals from [[Tribunals]]. Stipendiary and Circuit Magistrates can also hear and determine Civil cases if the amount claimed does not exceed BS$5,000.00..<ref name="A1" |
Most [[civil]] cases are heard solely by a judge. Appeals from final judgments of the Supreme Court in civil cases lie as of right to the Court of Appeal, and with the leave of the Court of Appeal and Supreme Court in some interlocutory matters or further appeals from [[Tribunals]]. Stipendiary and Circuit Magistrates can also hear and determine Civil cases if the amount claimed does not exceed BS$5,000.00...<ref name="A1"/> |
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==Court of Appeal== |
==Court of Appeal== |
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{{Empty section|date=September 2011}} |
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==Supreme Court== |
==Supreme Court== |
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{{Empty section|date=September 2011}} |
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==Magistrates' Court== |
==Magistrates' Court== |
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{{Empty section|date=September 2011}} |
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==References== |
==References== |
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Revision as of 01:14, 7 September 2011
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The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars[disambiguation needed] and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years.The law of The Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is ex officio, a member of the Court of Appeal; however, he/she only sits at the invitation of the President .[1]
Legal System
Criminal Matters
Proceedings are all instituted in the name of the Queen in the Supreme Court and in the name of the Commissioner of Police in the Magistrate's Court. The Magistrate's Court hears summary matters or indictable matters, which may be heard summarily. Stipendiary and Circuit Magistrates have jurisdiction to impose a maximum sentence of five years. They also conduct preliminary inquiries in indictable matters to determine whether a prima facie case has been made against an accused person. If a prima facie case is made out, the accused is committed to the Supreme Court to stand trial. If the person is tried and convicted in the Magistrate's Court, an appeal lies to the Supreme Court or to the Court of Appeal, depending on the nature of the offence. An appeal may lie from the Court of Appeal to the Judicial Committee of Her Majesty's Privy Council, which is the highest Court of Appeal in The Bahamas.[2]
Civil Matters
Most civil cases are heard solely by a judge. Appeals from final judgments of the Supreme Court in civil cases lie as of right to the Court of Appeal, and with the leave of the Court of Appeal and Supreme Court in some interlocutory matters or further appeals from Tribunals. Stipendiary and Circuit Magistrates can also hear and determine Civil cases if the amount claimed does not exceed BS$5,000.00...[2]
Court of Appeal
![[icon]](/https/en.wikipedia.org/wiki/File:Wiki_letter_w_cropped.svg){kind=small} | This section is empty. You can help by adding to it. (September 2011) |
Supreme Court
| This section is empty. You can help by adding to it. (September 2011) |
Magistrates' Court
| This section is empty. You can help by adding to it. (September 2011) |
References
- ^ "The Judiciary of the Commonwealth of The Bahamas". The Government of the Bahamas.
- ^ a b "Legal System". Government of the Bahamas.