Anti-Terrorism & Extraditions

• Author: Derence A. Rolle Davis
• Pages: 52-55

Derence Rolle Davis

12. ANTI-TERRORISM &

EXTRADITIONS

The Legal Effect13

The government implemented the Anti-Terrorism Act, 2004 (Chapter 107)

during this year. This Act was enacted to implement the United Nations

convention respecting the suppression of the financing of terrorism, the United

Nations Security Council Resolution 1373 on terrorism and generally, to make

provisions for preventing and combating terrorism. This Act was, in essence,

enacted to buttress the raft of legislation previously passed to regulate the

financial industry.

According to the Act the offence of terrorism is committed where any

person in or outside The Bahamas commits an act:

“… 3. (1)(b)(i) that has the purpose by its nature or context, to intimidate

the public or to compel a government or an international organization to

do or to refrain from doing any act; and (ii) that is intended to cause —

(A) Death or serious bodily harm to a civilian or in a situation of armed

conflict, to any other person not taking an active part in the hostilities;

(B) Serious risk to health or safety of the public or any segment of the

public;

(C) substantial property damage; whether to public or private property,

where the damage involves a risk of the kind mentioned in sub-paragraph

(B) or an interference or disruption of the kind mentioned in sub-

paragraph (D); or

(D) Serious interference with or serious disruption of an essential service,

facility or system, whether public or private; not being an interference or

disruption resulting from lawful advocacy or from protest, dissent or

stoppage of work…”

The Extradition Act, 2004 amended the 1994 Extradition Act and was

enacted to make new provision for the extradition to and from Commonwealth

countries and foreign States of persons accused or convicted of certain offences

13 Other Legislation passed during this year include: Court of Appeal Amendment Act, 2004,

which was designed to correct an oversight in allowing for the appointment of a Registrar and

Deputy Registrar and the administration of oaths that was missing for several years in the Court

of Appeal; the Wildfire Conservation and Trade Act, 2004, the Copyright Amendment Act, 2004

and the Amendment to the 1994 Extradition Act, 2004.

52