The Constitution of The Bahamas
 
 
 
 
 
Fundamental rights and freedoms of the individual.
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection of right to life.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection from inhumane treatment.
 
 
 
 
 
Protection from slavery and forced labour.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection from arbitrary arrest or detention.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Provisions to secure protection of law.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection for privacy of home and other property.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection of freedom of conscience.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection of freedom of expression.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection of freedom of assembly and association.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection of freedom of movement.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection from discrimination on the grounds of race, etc.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection from deprivation of property.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enforcement of fundamental rights.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Provisions for time of war or emergency.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Saving of Existing law.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Interpretation.
CHAPTER III

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

 
15.      Whereas every person in The Bahamas is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
 
              (a)    life, liberty, security of the person and the protection of the law;
              (b)    freedom of conscience, of expression and of assembly and
              association; and
              (c)    protection for the privacy of his home and other property and 
              from deprivation of property without compensation, 
 
the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
 
16.  (1)   No person shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.
 
       (2)     A person shall not be regarded as having been deprived of his life in contravention of this Article if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-
               (a)     for the defence of any person from violence or for the defence of
               property;
 
               (b)     in order to effect a lawful arrest or to prevent the escape of a 
               person lawfully detained;
               (c)     for the purpose of suppressing a riot, insurrection or mutiny; or
               (d)     in order to prevent the commission by tat person of a criminal
               offence,
 
or if he dies as a result of a lawful act of war.
 
17.   (1)    No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
 
       (2)     Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in the Bahamas Islands immediately before 10th July 1973.
 
18.    (1)    No person shall be held in slavery or servitude.
        (2)    No person shall be required to perform forced labour.
        (3)    For the purposes of this Article, "forced labour" does not include-
               (a)  any labour required in consequence of the sentence or order of a
               court;
               (b)  any labour required of a member of a disciplined force in pursuance of
               his  duties as such or, in the case of a person who has conscientious
               objections to service in a naval, military or air force, any labour  which that
               person is required by law to perform in place of such service;
 
              (c)   labour required of any person while he is lawfully detained which,
              though not required in consequence of the sentence or order of a court, is
              reasonably necessary in the interests of hygiene or for the maintenance of
              the place in which he is detained; or
 
              (d)   any labour required during a period of public emergency (that is to say,
              a period to which Article 29 of this Constitution applies) or in the event
              of any other emergency or calamity that threatens the life or well-being
              of the community, to the extent that the requiring of  such labour is
              reasonably justifiable, in the circumstances of any situation arising or
              existing during that period or as a result of that other emergency or
              calamity, for the purpose of dealing with that situation.
 
19.   (1)   No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases-
 
              (a)     in execution of the sentence or order of a court, whether established
              for The Bahamas or some other country, in respect of a criminal offence of
              which he has been convicted or in consequence of his unfitness to plead to
              a criminal charge or in execution of the order of a court on the grounds of
              his contempt of that court or of another court or tribunal;
 
              (b)    in execution of the order of a court made in order to secure the
              fulfillment of any obligation imposed upon him by law;
 
              (c)   for the purpose of bringing him before a court in execution of the order
              of a court;
              (d)   upon reasonable suspicion of his having committed, or of being about
              to commit, a criminal offence;
              (e)   in the case of a person who has not attained the age of eighteen    
              years, for the purpose of his education or welfare;
              (f)    for the purpose of preventing the spread of an infectious or contagious
              disease or in the case of a person who is, or is reasonably suspected to
              be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the
              purpose of his case or treatment of the protection of the community;
 
              (g)  for the purpose of preventing the unlawful entry of that person into 
              The Bahamas or for the purpose of effecting the expulsion, 
              extradition or other lawful removal from the Bahamas of that 
              person or the taking of proceedings relating thereto; and
              without prejudice to the generality of the foregoing, a law may, 
              for the purposes of this sub-paragraph, provide that a person who 
              is not a citizen of The Bahamas may be deprived of this liberty to
              such extent as may be necessary in the execution of a lawful
              order requiring that person to remain within a specified area within 
              The Bahamas or prohibiting him from being within such an area.
 
       (2)     Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reason for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal representative of his own choice and to hold private communication with him; and in the case of a person who has not attained the age of eighteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.
         (3)     Any person who is arrested or detained in such a case as is mentioned in sub-paragraph (1)(c) or (d) of this Article and who is not released shall be brought without undue delay before a court; and if any person arrested or detained in such a case as is mentioned in the said sub-paragraph (1)(d) is not tried within a reasonable time he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon reasonably necessary to ensure that he appears at a later date for trial of for proceedings preliminary to trial.
         (4)       Any person who is unlawfully arrested or detained by any other persons hall be entitled to compensation therefor from that other person.
         (5)       Where a person is detained by virtue of such a law as is referred to in Article 29 of this Constitution, the following provisions shall apply-
 
                    (a)    he shall, as soon as reasonably practicable and in any 
                    case not more than five days after the commencement 
                    of his detention, be furnished with a statement in writing, 
                    in a language that he understands, of the grounds upon 
                    which he is detained;
 
                    (b)    not more than fourteen days after the commencement 
                    of his detention, a notification shall be published in the 
                    Gazette stating that he has been detained and giving 
                    particulars of the provisions of law under which his 
                    detention is authorized;
 
                    (c)    he may from time to time request that his case       
                    be reviewed under sub-paragraph (d) of this paragraph but, 
                    where he has made such a request, no subsequent request 
                    shall be made before the expiration of three months from the 
                    making of the previous request;
 
                    (d)   where a request is made under sub-paragraph (c) of this
                    paragraph, the case shall, within one month of the making 
                    of the request, be reviewed by an independent and impartial 
                    tribunal established by law, presided over by the Chief Justice 
                    or another Justice of the Supreme Court appointed by him, 
                    and consisting of persons who are Justices of the Supreme 
                    Court or who are qualified to be appointed as Justices of the 
                    Supreme Court;
 
                    (e)  he shall be afforded reasonable facilities to consult and 
                    instruct, at his own expense, a legal representative of his 
                    own choice, and he and any such legal representative shall 
                    be permitted to make written or oral representations or both 
                    to the tribunal appointed for the review of his case.
   
         (6)      On any review by a tribunal in pursuance of paragraph (5) of this Article of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
 
         (7)    When any person is detained by virtue of such a law as is referred to in Article 29 of this Constitution the Prime Minister of a Minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter no more than thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of paragraph (5) of this Article:
     Provided that in reckoning any period of thirty days for the purposes of this paragraph no account shall be taken of any period during which parliament stands prorogued or dissolved.
 
20.    (1)      If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
        
        (2)      Every person who is charged with a criminal offence-
 
                  (a)    shall be presumed to be innocent until he is proved or 
                  has pleaded guilty;
 
                  (b)   shall be informed as soon as reasonably practicable, in 
                  a language that he understands and in detail, of the nature of 
                  the offence charged;
 
                  (c)   shall be given adequate time and facilities for the preparation 
                  of his defence;
 
                  (d)    shall be permitted to defend himself before the court in 
                  person or, at his own expense, by a legal representative of his 
                  own choice or by a legal representative at the public expense 
                  where so provided by or under a law in force in The Bahamas;
 
                  (e)    shall be afforded facilities to examine in person or by his 
                  legal representative the witnesses called by the prosecution 
                  before the court, and to obtain the attendance and carry out 
                  the examination of witnesses  to testify on his behalf before the 
                  court on the same condition as those applying to witnesses 
                  called by the prosecution;
 
                   (f)   shall be permitted to have without payment the assistance 
                   of an interpreter if he cannot understand the language used at 
                   the trial of the charge; and
 
                   (g)   shall, when charged on information in the Supreme Court, 
                   have the right to trial by jury;
 
and except with his own consent the trial shall not take place in his absence unless he so conduct himself in the court as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
 
        (3)       When a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
        
        (4)       No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
 
        (5)       No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
 
        (6)       No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
 
        (7)       No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
 
       (8)      Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right of obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are institute by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.
 
         (9)     All proceeding instituted in any court for the determination of the existence or extent of any civil right or obligation, including the announcement of the decision of the court, shall be held in public;
 
       (10)     Nothing in paragraph (9) of this Article shall prevent the court from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court-
 
                 (a)     may be empowered by law so to do and may consider
                 necessary or expedient in circumstances where publicity would 
                 prejudice the interests of justice, or in interlocutory proceedings 
                 or in the interests of public morality, the welfare of persons under 
                 the age of eighteen years of the protection of the private live of
                 persons concerned in the proceedings;
 
                 (b)     may be empowered or required by law to do so in the interests  
                 of defence, public safety of public order; or
 
                 (c)    may be empowered or required to do so by rules of court and
                 practice existing immediately before 10th July 1973 of by any law 
                 made subsequently to the extent that it makes provisions 
                 substantially to the same effect as provision contained in any 
                 such rules.
 
       (11)       Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
 
                (a)    sub-paragraph (2)(a) of this Article to the extent that the law 
                in question imposes upon any person charged with a criminal 
                offence the burden of proving particular facts;
 
                (b)    sub-paragraph (2)(e) of this Article to the extent that the law 
                in question imposes conditions that must be satisfied if witnesses 
                called to testify on behalf of an accused person are to be paid their
                expenses out of public funds;
 
                (c)    paragraph (5) of this Article to the extent that the law in 
                question authorizes a court to try a member of a disciplined force 
                for a criminal offence notwithstanding any trial and conviction or 
                acquittal of that member under the disciplinary law of that force, 
                so, however, that any court so trying such a member and 
                convicting him shall in sentencing him to any punishment take 
                into account any punishment awarded him under that disciplinary 
                law.
 
 21.   (1)    Except with his consent, no person shall be subjected to the search of his person or his property of the entry by others on his premises.
 
         (2)     Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provisions-
 
                 (a)     which is reasonably required-
 
                         (i)   in the interests of defence, public safety, public 
                         order, public morality, public health, town and country 
                         planning, he development of mineral resources, or the 
                         development of utilization of any other property in such 
                         a manner as to promote the   public benefit; or
 
                         (ii)  for the purpose of protecting the rights and freedoms 
                         other persons;
 
                 (b)    to enable an officer or agent of the Government of The 
                 Bahamas, a local government authority or a body corporate 
                 established by law for public purposes to enter on the premises 
                 of any person in order to inspect those premises or anything   
                 thereon for the purpose of any tax, rate or due or in order to carry 
                 out work connected with any property that is lawfully on those 
                 premises and the belongs to that Government, authority or body
                 corporate, as the case may be; or
 
                 (c)    to authorize, for the purpose of enforcing the judgment or 
                 order of a court in  any civil proceedings, the search of any 
                 person or property by order of a court or the entry upon any 
                 premises by such order,
 
and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
 
 
22.   (1)     Except with his consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this Article the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion of belief in worship, teaching, practice and observance.
 
        (2)      Except with his consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance of that instruction, ceremony or observance relates to a religion other than his own.
 
        (3)      No religious body or denomination shall be prevented from or hindered in providing religious instruction for persons of that body of denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.
 
       (4)      No person shall be compelled to take any oath which is contrary to his religion or belief of to take any oath in a manner which is contrary to his religion or belief.
 
       (5)      Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision which is reasonably required-
 
                (a)   in the interest of defence, public safety, public order, public 
                morality or public health; or
 
                (b)   for the purpose of protecting the rights and freedoms of other
                persons, including the right to observe and practice any religion 
                without the  unsolicited interference of member of any other religion,
 
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
 
23.    (1)     Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence.
 
         (2)      Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision-
 
                  (a)    which is reasonably required-
 
                          (i)     in the interests of defence, public safety, public 
                          order, public morality or public health; or
 
                          (ii)    for the purposes of protecting the rights, reputations 
                          and freedoms of other persons, preventing the disclosure of
                          information received in confidence, maintaining the authority 
                          and independence of the courts, or regulating telephony,
                          telegraphy, posts, wireless broadcasting, television, public
                          exhibitions or public entertainment; or
 
                  (b)    which imposes restrictions upon persons holding office under 
                  the Crown or upon members of a disciplined force, and except so 
                  far as that provision or, as the case may be, the thing done under 
                  the authority thereof is shown not to be reasonably justifiable in a
                  democratic society.
 
 24.    (1)     Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties, or to form or belong to trade unions or other association for the protection of his interests.
 
        (2)     Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision-
 
                 (a)     which is reasonably required- 
 
                          (i)   in the interest of defence, public safety, public 
                          order, public morality or public health; or
 
                         (ii)   for the purpose of protecting the rights and freedoms 
                         of other persons; or
 
                (b)    which imposes restriction upon person s holding office under 
                the Crown or upon members of a discipline force,
 
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
 
25.   (1)      Except with his consent, no person shall be hindered in the enjoyment 
of his freedom of movement, and for the purposes of this Article the said freedom means the right to move freely throughout The Bahamas, the right to reside in any part thereof, the right to enter The Bahamas, t