Criminal Procedure Code at Bahamas
The Criminal Procedure Code Act of The Bahamas, enacted as Chapter 91, provides the legal framework for criminal proceedings in the country. It outlines procedures for arrest, preliminary inquiries, trials, and appeals, ensuring a structured approach to criminal justice.
Key Provisions of the Criminal Procedure Code Act
1. Arrest and Detention
Arrest Without Warrant: A peace officer may arrest without a warrant any person who commits a felony in their presence or whom they reasonably suspect of having committed a felony. Additionally, any person may arrest without a warrant someone found committing an offense involving injury to property. Arrested individuals must be brought before a magistrate without unnecessary delay, and not later than 48 hours after arrest, unless released on bail by a police officer. (Criminal Procedure Code Act (The Bahamas))
Further Detention: In cases where the inquiry into an offense is incomplete, a police officer of at least the rank of inspector may apply ex parte to a magistrate for an order to detain the arrested person for up to an additional 48 hours. The reasons for further detention must be noted on the person's custody record. (Criminal Procedure Code Act (The Bahamas))
2. Preliminary Inquiries
Commencement: A magistrate is required to hold a preliminary inquiry when a charge has been brought against a person for an offense not triable summarily, or when the magistrate believes the case should be committed for trial before the Supreme Court. The accused is informed of the charge and has the opportunity to make a statement or call witnesses. (Criminal Procedure Code Act (The Bahamas))
Committal for Trial: If the magistrate finds sufficient evidence, the accused is committed for trial before the Supreme Court. The magistrate may bind over the complainant and witnesses to appear at the trial. If a witness refuses to enter into a recognizance, they may be committed to prison until after the trial, unless they enter into the recognizance. (Criminal Procedure Code Act (The Bahamas))
3. Trial Procedures
Pleading: Upon arraignment, the accused may plead guilty, not guilty, or enter other special pleas as provided in the Code. If the accused pleads guilty, the court proceeds to sentencing. If the plea is not guilty, the trial proceeds with the prosecution presenting its case, followed by the defense. (Criminal Procedure Code Act (The Bahamas))
Evidence: The court has the discretion to call any witness at any stage of the trial, prior to the conclusion of the summing up. The accused may cross-examine any witness recalled by the court. (Criminal Procedure Code Act (The Bahamas))
Verdict and Sentencing: After the summing up, the jury considers its verdict. If the verdict is not guilty, the accused is immediately discharged. If guilty, the court proceeds to sentencing. (Criminal Procedure Code Act (The Bahamas))
4. Appeals
Right to Appeal: An appeal lies to the Supreme Court from any order by a magistrate’s court awarding costs in any criminal trial. Additionally, a person convicted may appeal against the conviction or sentence to the Court of Appeal. (Criminal Procedure Code Act (The Bahamas))
Accessing the Full Text
The full text of the Criminal Procedure Code Act is available through various legal resources. For detailed provisions and updates, refer to the official publications or legal databases.
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