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BAHAMAS: Attorney General addresses Opening of Legal Year ceremony

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#Bahamas, January 12, 2018 – Nassau – Attorney General and Minister of Legal Affairs, Senator the Hon. Carl Bethel dubbed the 2017 calendar year, one of ‘transitions and transformations’ and reviewed major legislative initiatives intended to improve the administration of justice, the rule of law and to create transparency, and accountability in Government as he addressed the ceremony to mark the Opening of the Legal Year.

The Legal Year was officially opened by Acting Chief Justice Stephen Isaacs, Thursday, January 11, 2018 at the Supreme Court and attended by justices, magistrates and other members of the legal profession.

The Attorney General highlighted the Constitutional Amendment Bill, which was has been enacted and for which preparations are in order for gazetting.  The purpose of the Bill is to create an independent office of the Director of Public Prosecutions (DPP) and devolve the prosecutorial powers of the State, previously under the portfolio of the Attorney General, to the DPP.

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He said the key achievement of the constitutional amendment is that, “the power of the AG to institute and undertake criminal proceedings, as well as to take over and discontinue such proceedings, will now be transferred to an independent public officer, with security of tenure equivalent to that of a judge.  Prosecutions will now be commenced in the name of the DPP.”

The Attorney General noted the significance of the change in the framing of charges and described it as a “symbolic coming of age” in the legal development of The Bahamas.

“For the first time in history, prosecutions will not be commenced in the name of the Queen, or the English monarch, as Constitutional Head of State, but in the name of a public legal officer of an independent Bahamas, representing the people.”

He addressed the amendments to the International Tax Cooperation (Amendment) Act and the Automatic Exchange of Financial Account Information (Amendment) Act, which are already in force. Senator Bethel said the initiatives were undertaken to “defend” and further “enhance” the reputation of The Bahamas as a financial services centre and to ensure that The Bahamas remains current with international standards and best practices.

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He said the legislation paved the way for The Bahamas to sign on to the Multilateral Convention on Mutual Administrative Assistance in Tax Matters, which The Bahamas signed on to in December 2017, becoming the 116th jurisdiction to join the world’s leading instrument for transparency in taxation administration and combating cross-border tax evasion.

The Integrity Commission Bill and the Ombudsman Bill, designed to “deepen” democratic governance in accordance with international standards and promote the rule of law, were tabled in 2017 and are expected to be debated and implemented this year.

Despite push-back expected particularly in regard to the Integrity Commission Bill being “intrusive” the Attorney General said the Government will continue the process of engaging widespread public consultation on major legislative initiatives to obtain feedback from the public and stakeholders which will used to inform the final product.

“What must be made clear to all, though, is our resolute determination to enhance the standards of conduct in public life and to stamp out the blight of corruption, or perhaps, the perception of corruption in high places,” said Senator Bethel.

 

Release: BIS

Photo Caption:  Attorney General and Minister of Legal Affairs, Senator the Hon. Carl Bethel is pictured speaking at the Supreme Court at Opening of the Legal Year ceremonies.

(BIS Photo/Patrick Hanna)

 

 

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124 HAITIAN NATIONALS REPATRIATED TO CAP-HAITIEN, HAITI

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#TheBahamas, May 21, 2024 – On Wednesday, May 15, the Department effectively executed the repatriation of a group of illegal migrants from the Lynden Pindling International Airport, New Providence to Cap-Haitien, Haiti.

At approximately 9:11 a.m., a Bahamasair chartered flight departed New Providence en route to Haiti with one hundred twenty-four (124) Haitian nationals onboard; a hundred and eight (108) adult males, thirteen (13) adult females and three (3) minors. The Department’s Deportation and Enforcement Units led the escort.

All security and health protocols were observed as the safety and welfare of our officers, law enforcement counterparts and migrants remain the highest priority.

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Introducing The Bahamas Cannabis Authority; Marijuana Bill tabled by Darville

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Garfield Ekon

Staff Writer

 

#TheBahamas, May 20, 2024 – A medical marijuana industry is set for establishment in The Bahamas, following the tabling of the Cannabis Bill, 2024, in the House of Assembly, by Minister of Health and Wellness, Hon. Dr Michael Darville, May 15.

The Minister said objective of legislation is to set up a framework to establish The Bahamas Cannabis Authority, and to regulate the of importation, exportation, cultivation, processing, manufacturing, producing, sale, possession, distribution, and use of cannabis.

He told the Assembly that the law represents a thoughtful and balanced approach and was driven by a duty to act as he referenced the number of Bahamians who are battling cancer and in need of alternative treatments for pain management and other related issues.

“The legislative package, the Cannabis Bill, 2024 is designed to introduce a controlled system of cannabis use in medical treatments. The bill establishes the Bahamas Cannabis Authority.  A regulatory body overseeing all aspects of cannabis management and cultivation and distribution.  The authority’s mandate is to ensure that cannabis production and use are safe, controlled and effectively integrated into our health care system,” Minister Darville said.

Adding that the Dangerous Drugs (Amendment) Bill, 2023 that he also tabled, reclassifies cannabis by removing it from the dangerous drug list, now recognises its potential for medical use, he said the change aligns “our nations laws” with evolving global perspectives on cannabis.

The new law makes provisions for the licensing of cannabis handlers across various aspects of The Bahamas, and Dr. Darville said the licensing is structured to prioritise Bahamian ownership, with provisions ensuring that significant control remains in the hands of Bahamian nationals, fostering local entrepreneurship and economic benefits “for Bahamians across the country.

“We are here to make a difference, to enact change, remove years of stigma and transform lives by offering alternative treatments by way of medical cannabis.  The legislation before us offers a careful, considerate approach ensuring that we prioritize the wellbeing and safety of our citizens. Let us move with compassion,” he said.

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Pinder announces Trial by Judge Alone, New Courts, Harsher Penalties in Judicial Reform legislative Package

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Garfield Ekon

Staff Writer

 

#TheBahamas, May 20, 2024 – The Bahamian Government has moved to open new courts, increase penalties for serious and violent crimes, as part of its reform of the judiciary to create efficiency in the system, and gang reduction efforts.

Outlining the administration’s legislative agenda on crime reduction, and judicial reform, Attorney General and Minister of Legal Affairs, Senator, the Hon. Ryan Pinder said in the coming months there will be the opening of the juvenile and family courts allowing “us to bring on new judges for criminal and civil matters.

“We also anticipate establishing this year a commercial court that will be focused on hearing commercial disputes to ensure that the pace of business is not impaired by delays in trials,” the Minister said while addressing the Senate on May 15.

He was presenting the second reading of the Trial by Judge Alone (Miscellaneous Provisions) Bill, 2024 and The Supreme Court (Amendment) Bill, 2024, which allows for the Supreme Court (Criminal Case Management) (Amendment) Rules, 2024.

Senator Pinder said the bills are in line with the commitment of this Government to ensure that the necessary laws are in place to facilitate the “timely and effective” administration of justice.

Stressing that the administration have been working hard this legislative session to put in place the improvements in law to address the judicial system as well as the treatment of bail for an accused, and ensuring stiff penalties for major criminal violations, he said  the Government have passed a series of legislation to facilitate trials and prosecution of criminals.

“I would suggest that we have done more on the legislative front than any former administration to address crime, and we are not done.”

“The Magistrates (Amendment) Bill increased the financial thresholds of the jurisdiction of a Magistrate to hear certain matters and adjusted the maximum penalties. The broadening of the jurisdiction of the Magistrates Court is intended to rebalance cases between the Supreme Court and the Magistrates Court in order to relieve the volume of minor disputes from the calendar of the Supreme Court,” he said.

For the magistrate’s court, he said, it is many instances the primary court for many civil and criminal cases, and especially in civil matters operating more of a small claims court, and the jurisdictional limits increased had not been adjusted in many years, and the operation of society has outpaced their limits.

The Court Services Bill empowers the judiciary to operate autonomously from an administrative point of view, by taking away oversight by central Government, thereby removing the bottleneck caused by the current system and providing further judicial independence.

For the Supreme Court (Amendment) Bill, it increases the maximum number of Supreme Court judges from 20 to 25, increasing the capacity to conduct trials in the Supreme Court by 25%.

“It is the Government’s intention that this not only contribute significantly to concluding the backlog of cases but will also give the Chief Justice the flexibility he requires to better allocated judges through the courts,” the Minister said.

The Trial by Judge Alone (Miscellaneous Provisions) Bill, 2024, to grant a right of election to persons charged with indictable offences in the Supreme Court to be tried by a Judge alone.

“We believe this is a positive legislative reform to provide yet more support for timely trials in criminal matters,” the Minister said.

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