JUDICIARY OF THE BAHAMAS
Introduction the Judiciary of the Bahamas
The basis of the Bahamian Law and legal system is the English Common Law tradition.
Justices of the Supreme Court, Registrars and Magistrates are appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission.
The Judicial and Legal Service Commission comprises five persons with the Chief Justice as 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.
| CRIMINAL MATTERS | CIVIL MATTERS |
| Proceedings are instituted in the name of the King 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 His Majesty's Privy Council, which is the highest Court of Appeal in The Bahamas. |
Civil cases are generally heard by a Judge alone. 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. Appeals lie to the Supreme Court. |
The Registrar heads the day-to-day administration of the Courts and sits to hear interlocutory applications, taxations and assessment of damages. The Registrar is supported by three Deputies, one of whom serves as the Registrar of the Court of Appeal, and an Assistant Registrar along with the judicial support staff.
The Judicial Committee of The Privy Council (JCPC) is the court of final appeal for The Bahamas. It is also the court of final appeal for UK overseas territories and Crown dependencies, and for those Commonwealth countries that have retained the appeal to Her Majesty in Council or, in the case of Republics, to the Judicial Committee.
The Court of Appeal is the highest Court resident in The Bahamas. It is a part of the judicial branch of the Government of The Bahamas and was established by Article 98 of the Constitution of The Commonwealth of The Bahamas. The Court of Appeal was established in 1965, initially as a multi-jurisdictional itinerant court, sitting four times per year. Since 1996 the Court of Appeal has sat as a full time court, and has been located at its present site on Charlotte Street, Nassau, since 1998. In addition to sitting in Nassau, the Court of Appeal has also sat to hear appeals in Freeport, Grand Bahama.
The Court of Appeal has such jurisdiction and powers as are conferred on it by the Constitution and the Court of Appeal Act (Chapter 52 of the 2000 Revised Edition of The Statute Law of The Bahamas).
The practice and procedure relating to the exercise of the court’s jurisdiction is in accordance with rules of court made by its President pursuant to section 8 of the Court of Appeal Act. The current rules of court are The Court of Appeal Rules 2005.
The Court of Appeal consists of the President, the Chief Justice ex officio who sits only at the invitation of the President, and such number of other Justices as may be prescribed by Parliament. Presently, the number prescribed by Parliament is six, including the President.
The Supreme Court of The Bahamas, created by Article 93(1) of the Constitution, is the reincarnation of the Court that was first established by the Supreme Court Act of 1896. The Supreme Court was established in 1897 for the then Bahama Islands. The Constitution of an independent Bahamas further established the Supreme Court as a superior court of record with all of the powers of such a court; the Supreme Court is a court of unlimited jurisdiction. The Court sat exclusively in Nassau for the first ninety-seven years of its existence, until a Supreme Court was also established in Grand Bahama in 1994.
The head of the Judiciary, the Chief Justice, is a member of both the Supreme Court and the Court of Appeal, where he sits at the invitation of the President of that Court. There have been thirteen (13) Chief Justices of an independent Bahamas, inclusive of the present Chief Justice the Honourable Brian Moree.
There are currently 18 Justices appointed to the Bench of the Supreme Court inclusive of the Chief Justice. The Justices are appointed by the Governor General acting on the advice of the Judicial and Legal Services Commission. The Supreme Court has unlimited jurisdiction in general, civil and criminal matters.
The Magistrates Courts act as courts of limited jurisdiction to hear criminal and civil matters. The Court is presided over by a Chief Magistrate, who reports to the Chief Justice.
This Court is the primary court for many civil and criminal cases. Magistrates are appointed by the Governor-General acting in accordance with the advice of the Judicial and Legal Service Commission. This court is presided over by Stipendiary and Circuit Magistrates, including the Chief Magistrate and two Deputy Chief Magistrates. At some times the Magistrates from New Providence also go on circuit to the other Islands where there is no resident Magistrate or in cases where the resident magistrate is unable, for whatever reason, to hear a case.
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 Judiciary of The Bahamas offers databases of court decisions. Please click the link below.
Persons may also search for decisions using the Commonwealth Legal Information Institute:
The Faculty of Law Library offers access to Bahamas Judiciary decisions from various databases:
The Faculty of Law Library houses unreported judgments for all Commonwealth Caribbean jurisdiction dating back from early 1950s. To access these printed unreported judgments, persons are invited to visit the Library during opening hours to make a request.
The Library also has a collection of reported judgments, which are held in official law reports and elsewhere.
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Please note that the contents of this guide are provided strictly for individual, non-commercial, academic/educational, reference and/or research use and do not constitute legal advice. This guide does not substitute an individual's right to do their own research. Persons seeking legal advice should consult a practising attorney-at-law in their jurisdiction.
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