The Bahamas Independence Order 1973

Interpretation

31.—(1) In this Chapter—

“contravention”, in relation to any requirement, includes a failure to comply with that requirement; and cognate expressions shall be construed accordingly;

“court” means any court of law having jurisdiction in The Bahamas other than a court established by a disciplinary law, and includes the Judicial Committee of Her Majesty's Privy Council or any court substituted therefore by any law made under Article 105 of this Constitution and—

(a)

In Article 16, Article 18, Article 19, paragraphs (2), (3), (5), (8), (9) and (10) of Article 20, Article 26 and paragraph (3) of Article 28 of this Constitution includes, in relation to an offence against a disciplinary law, a court established by such a law; and

(b)

In Article 18, Article 19 and paragraph (3) of Article 28 of this Constitution includes, in relation to an offence against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offence;

“disciplinary law” means a law regulating the discipline of any disciplined force;

“disciplined force” means—

(a)

a naval, military or air force;

(b)

the Police Force of The Bahamas;

(c)

the Prison Service of The Bahamas; or

(d)

any other force or service specified by Act of Parliament to be a disciplined force for the purposes of this Chapter;

“legal representative” means a person entitled to practice in The Bahamas as Counsel and Attorney of the Supreme Court;

“member” in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

(2) Any reference in Articles 16, 19, 25 and 27 of this Constitution to a criminal offence shall be construed as including an offence against disciplinary law, and any such reference in paragraphs (2) to (7) (inclusive) of Article 20 of this Constitution shall, in relation to proceedings before a court constituted by or under disciplinary law, be construed in the same manner.

(3) In relation to any person who is a member of a disciplined force raised under a law of any country other than The Bahamas and lawfully present in The Bahamas, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent, with or in contravention of any of the provisions of this Chapter.