Sub-Title A - The Courts

• Author: Ralph Hone
• Pages: #2

34 Court Of Appeal

CHAPTER 34.

COURT OF APPEAL.

ARRANGEMENT OF SECTIONS.

SECTION.

PART I.

PRELIMINARY.

1. SHORT TITLE.

2. INTERPRETATION.

PART I.

COMPOSITION, JURISDICTION AND POWERS OF COURT.

3. JUDGES OF COURT OF APPEAL.

4. SEAL.

5. REGISTRAR AND OTHER OFFICERS.

6. QUORUM OF COURT OF APPEAL.

7. RULES OF COURT.

8. ENGLISH RULES APPLY WHERE NO PROVISION MADE.

PART 1IL.

APPELLATE CIVIL JURISDICTION.

9. APPEALS FROM SUPREME COURT IN CIVIL PROCEEDINGS.

10. RESTRICTION ON CIVIL APPEALS.

PART IV.

APPELLATE CRIMINAL JURISDICTION.

11. RIGHT OF APPEAL ON CONVICTION IN SUPREME COURT.

12. DETERMINATION OF CRIMINAL APPEALS.

13. TIME FOR APPEALING.

14. TRANSCRIPT AND JUDGE'S NOTES TO BE FURNISHED ON APPEAL.

15. LEGAL AID FOR POOR APPELLANTS 16. RIGHT OF APPELLANT TO BE PRESENT AND TO STATE HIS CASE IN WRITING.

PART V.

FURTHER APPEALS.

17. SECOND APPEALS FROM MAGISTRATE.

18. APPEALS TO THE PRIVY COUNCIL.

SECTION PART VI.

SUPPLEMENTARY PROVISIONS.

19. POWERS OF COURT IN SPECIAL CASES.

20. REVESTING AND RESTITUTION OF PROPERTY ON CONVICTION SUSPENDED.

21. SUSPENSION OF SENTENCE OF DEATH OR CORPORAL PUNISHMENT.

22. SUPPLEMENTAL POWERS OF COURT.

23. COSTS OF CRIMINAL APPEAL.

24. ADMISSION OF APPELLANT TO BAIL.

25. POWERS WHICH MAY BE EXERCISED BY SINGLE JUDGE OF COURT.

CHAPTER 34.

COURT OF APPEAL.

AN ACT TO PROVIDE FOR THE JURISDICTION AND POWERS 48 of 1964.

OF THE COURT OF APPEAL FOR THE BAHAMA ISLANDS AND FOR MATTERS INCIDENTAL THERETO OR CONNECTED THEREWITH.

[29th December 1964.] [Commencement 7th January'1965.] PART I.

PRELIMINARY.

1. This Act may be cited as The Court of Appeal Short title.

Act.

2. In this Act, unless the context otherwise Interpretation.

requires'appellant' includes a person who has been convicted and desires to appeal to the court;

'court' means the Court of Appeal constituted by subsection (1) of section 90 of the Constitution;

'Judge' means a Judge of the Court of Appeal and includes the President of the Court;

'judgment' or 'sentence' includes any order of any court made consequent upon the conviction of an appellant with reference to the appellant or his wife or his children;

'law' means any Act having effect within the Bahama Islands and any rules made thereunder;

'President' means the President of the Court;

'Registrar' means the Registrar of the Court appointed under section 5 of this Act;

'rules of court' means rules of court made under section 7 of this Act;

'Supreme Court' means the Supreme Court of the Bahama Islands constituted by subsection (1) of section 85 of the Constitution.

COURT OF APPEAL.

PART II.

COMPOSITION, JURISDICTION AND POWERS OF COURT.

Judges of 3.-(1) The Judges of the court shall be such as are Appeal. laid down in subsection (2) of section 90 of the Constitution and shall be appointed and shall hold office in all respects in accordance with the provisions of that section.

(2) The President shall be the senior Judge of the court and subject thereto the Judges shall hold seniority in the order of their appointments or, if two or more Judges are appointed on the same day, then in the order of their seniority of first appointment to high judicial office. In the absence of the President the senior Judge present at any sitting of the court shall preside at that sitting.

(3) Save as otherwise provided in this Act all Judges shall have and enjoy in all respects equal power authority and jurisdiction.

Seal. 4. The President shall cause a seal to be provided for the court.

Registrar and 5.-(1) There shall be a Registrar of the court other officers. who shall be the Registrar of the Supreme Court.

(2) The Registrar shall take all necessary steps for obtaining a hearing under this Act of all appeals and applications made to the court and shall obtain and lay before the court in proper form all documents, exhibits and other things relating to the proceedings in respect of which the appeal or application has been brought and which appear necessary for the proper determination thereof by the court.

(3) The Registrar shall have such other power and authority and perform such other duties as shall be necessary for the due conduct and discharge of the business of the court and as the President shall direct.

(4) There shall be attached to the court such other officers as may from time to time be required and as may be authorised by any Act of the Legislature relating to the public service of the Colony.

Quorum of 6.-(1) For the purpose of hearing and determinourt f ing any appeal the court shall be duly constituted if it ppeal consists of three Judges:

Provided that if so prescribed by rules of court one Judge may hear and determine any interlocutory matter.

(2) The determination of any question before the court shall be according to the opinion of the majority of the Judges hearing the appeal.

7.-(1) The President may, subject to the provisions of this Act, makes rules of court(a) prescribing the times and places for sessions of the court;

(b) prescribing all such matters as are to be or may be prescribed under the provisions of this Act; and (c) generally with respect to all matters of practice and procedure relating to the exercise of the jurisdiction of the court.

(2) Rules of court shall be published in the Gazette and shall have effect, unless otherwise provided therein, as from the date of such publication.

8. Where in any case no special provision is contained in this or any other Act, or in rules of court, with reference thereto any jurisdiction in relation to appeals in criminal and civil matters shall be exercised by the court as nearly as may be in conformity with the law and practice for the time being observed in England by the Court of Criminal Appeal and the Court of Appeal respectively.

Rules of court.

English rules apply where no provision made.

PART III.

APPELLATE CIVIL JURISDICTION.

9. Subject to the provisions of this Part of this Act and to rules of court, the court shall have jurisdiction to hear and determine appeals from any judgment or order of the Supreme Court given or made in civil proceedings, and for all purposes of and incidental to the hearing and determination of any such appeal and the amendment, execution and enforcement of any judgment or order made thereon, the court shall, subject as aforesaid, have all the powers authority and jurisdiction of the Supreme Court.

Appeals from Supreme Court in civil proceedings.

Restriction on 10. No appeal shall liecivil appeals.

(a) from any order allowing an extension of time for appealing from a judgment or order;

(b) from an order of a Judge of the Supreme Court giving unconditional leave to defend an action;

(c) from any decision of the Supreme Court where it is provided by the Constitution that such decision is to be final;

(d) from any order absolute for the dissolution or nullity of marriage in favour of any party who, having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree, except upon some point which would not have been available to such party on such appeal;

(e) without the leave of the Supreme Court or of the court, from an order made with the consent of the parties or as to costs only where such costs are by law left to the discretion of the Supreme Court;

(f) without the leave of the Supreme Court or of the court from any interlocutory order or interlocutory judgment made or given by a Judge of the Supreme Court except(i) where the liberty of the subject or the custody of infants is in question;

(ii) where an injunction or the appointment of a receiver is granted or refused;

(iii) in the case of a decree nisi in a matrimonial cause or a judgment or order in an Admiralty action determining liability;

(iv).in the case of an order in a special case Ch. 183. stated under The Arbitration Act;

(v) in the case of a decision determining the claim of any creditor or the liability of any contributory or the liability of any ch. 184. director or other officer under The Companies Act in respect of misfeasance or otherwise; or (vi) in such other cases to be prescribed as are in the opinion of the authority having power to make rules of court, of the nature of final decisions.

PART IV.

APPELLATE CRIMINAL JURISDICTION.

11. A person convicted on information in the Supreme Court may appeal to the court under the provisions of this Act(a) against the conviction on any ground of appeal which involves a question of law alone;

(b) with the leave of the court, or upon the certificate of the Judge of the Supreme Court before whom he was tried that it is a fit case for appeal, against his conviction on any ground of appeal, which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the court or the Judge aforesaid to be a sufficient ground of appeal;

and (c) with the leave of the court against the sentence passed on his conviction unless the sentence is one fixed by law 12.-(1) The court on any such appeal against conviction shall allow the appeal if the court thinks that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence or that the judgment of the court before which the appellant was convicted should be set aside on the ground of a wrong decision on any question of law, or that on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal:

Provided that the court may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if the court considers that no substantial miscarriage of justice has actually occurred.

(2) Subject to the provisions of this Part of this Act the court shall, if it allows the appeal against conviction, quash the conviction and direct a judgment and verdict of acquittal to be entered, or, if the interests of justice so require, order a new trial at such time and...