The highest court is the Court of Appeal, consisting of three judges. The Bar Council, the executive body of the BBA, has responsibility for deciding whether an applicant for admission to practise is qualified.
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.
For other islands, commissioners decide minor criminal and civil cases. They also conduct preliminary inquiries in indictable matters to determine whether a prima facie case has been made against an accused person.
The Judicial Committee of the Privy Council serves as the ultimate Court of Appeal in all matters where appeal is permissible. The qualification for admission to any of the law schools Judicial system of the bahamas the possession of a University of the West Indies law degree or a law degree of a University or Institution which is recognised by the Council and the successful completion of an examination set by the Council.
Criminal defendants have the right to an attorney, but government appointed counsel is provided only in capital cases. 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.
Supreme Court[ edit ] The Supreme Court is third highest court in the adjudicative hierarchy of the Bahamas. The Bar Council may agree to the special admission of a person who is not a Bahamian for the purpose Judicial system of the bahamas conducting particular proceedings so long as the person is qualified as above.
These rights are enshrined in the Constitution. The Court of Appeal also has the jurisdiction to hear and determine appeals from matters in a magisterial court in respect of indictable offences triable summarily on the grounds that - i the court had no jurisdiction or exceeded its jurisdiction in the matter; ii the decision was unreasonable, could not be supported by the evidence or was erroneous in point of law; iii the decision of the magistrate or the sentence passed was based on a wrong principle; iv some material illegality occurred affecting the merits of the case; or v the sentence was too severe or lenient.
Magistrates are appointed by the Governor-General acting in accordance with the advice of the Judicial and Legal Service Commission. Capital punishment is still used despite protests from the United Kingdom, which has requested its former colonies to eliminate the death penalty.
Judges are appointed by the executive branch with the advice of the Judicial and Legal Services Commission.
In Bahamas was not among the eight Caribbean nations ratified a treaty to establish the Caribbean Court of Justice to handle some cases formerly heard by the Privy Council.
The Supreme Court is composed of a chief justice, two senior justices, and six justices. Applicants who meet requirements 12 or 3 above, must also serve for 12 months under the tutelage of a lawyer in actual practice in The Bahamas before being admitted to practise. All applicants for admission to practise must be Bahamians, and must not have been disqualified or suspended from practice in the courts of any place outside The Bahamas.
A Justice of the Supreme Court may hold office until the age of sixty-five years and no later than sixty-seven years with the permission of the Governor-General on the recommendation of The Prime Minister after consultation with the Leader of the Opposition.
The Tribunal has the power to hear and determine trade disputes, register industrial agreements, hear and determine cases relating to the registration of such agreements, make orders or awards and award compensation on complaints brought and proved before the Tribunal.
The judiciary is independent. The Court of Appeal also has jurisdiction to hear and determine appeals from matters in a magisterial court in respect of indictable offences triable summarily on the grounds that - i the court had no jurisdiction or exceeded its jurisdiction in the matter; ii the decision was unreasonable, could not be supported by the evidence or was erroneous in point of law; iii the decision of the magistrate or the sentence passed was based on a wrong principle; iv some material illegality occurred Judicial system of the bahamas the merits of the case; or v the sentence was too severe or lenient.
The Court has jurisdiction to hear and determine appeals from judgments, orders and sentences made by the Supreme Court. The Tribunal has the power to hear and determine trade disputes, register industrial agreements, hear and determine matters relating to the registration of such agreements, make orders or awards and award compensation on complaints brought and proved before the Tribunal.
The Judicial Committee consists of the Lord President of the Council, the Lord Chancellor, ex-Lord Presidents, the Lords of Appeal in Ordinary and such other members of the Privy Council as from time to time hold or have held high judicial office and two other privy counsellors who may be appointed by the sovereign.
There are seventeen 17 Magistrates Courts in The Bahamas: Any person, not admitted to practise, who acts as counsel and attorney is guilty of a criminal offence.
This Court is the primary court for many civil and criminal cases. The Legal Education Certificate is awarded after satisfactory completion of the two year program, or in the case of persons who possess law degrees from other jurisdictions, completion of the six month conversion program.
Appeals made by the Supreme Court can be struck down by the Court of Appeal, which is the highest domestic court in the Bahamas; appeals can be made from either court to the Judicial Committee of the Privy Council, which is the highest court for the country.Organization of the Judicature of The Bahamas.
The Judicature, which is the third arm of the Government, comprises the Supreme Court, the Court of Appeal and the Privy Council.
Learn more about the role the Court of Appeal plays in the Bahamian Judicial system. About the Court of Appeal. CoA Education. AN OVERVIEW OF THE BAHAMIAN LEGAL AND JUDICIAL SYSTEM To Accompany Panel Discussion on the Bahamian Judicial System and Doing Business in The Bahamas Sarah E.
Droney McElroy, Deutsch, Mulvaney & Carpenter, LLP Hartford, Connecticut 1 Overview of the Bahamian Legal System. Legal System.
The Bahamian legal system is based on English common law, which, sincehas been complemented by an American type of constitutionalism which declares the existence of certain fundamental principles that are to be observed and enforced.
At the apex of the court hierarchy for The Bahamas is the Judicial Committee of the. The Judiciary of the Commonwealth 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.
Judicial System of The Bahamas. Supreme court: Supreme Court of the Commonwealth of The Bahamas Ministry: Legal Affairs The Bahamas Court of Appeal, the Supreme Court and the magistrates’ courts all have civil and criminal jurisdiction.
Judiciary of the Bahamas. Jump to navigation Jump to search. This The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission.Download