attorney general power - criminal practice and procedure

8/7/2019 Attorney General Power - Criminal Practice and Procedure

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ACKNOWLEDGEMENTS TO THE FIRST ED... xx

INTRODUCTION xxii

TABLE OF CASES xxv

TABLE OF LEGISLATION xli

TABLE OF ABBREVIATIONS lv

JURISDICTION 1

ABUSE OF PROCESS 15

ARREST SEARCH AND SEIZURE 28

PROSECUTION AND BAIL 48

INITIATION OF PROCEEDINGS 66

THE PLEA 89

SUMMARY TRIAL 107

SUMMARY APPEALS 125

TRIABLE EITHER WAY 137

COMMITTAL PROCEEDINGS 152

PAPER COMMITTALS AND COMMITTAL F... 174

PRELIMINARIES TO INDICTABLE TRIAL181

THE COURSE OF AN INDICTABLE TRIAL196

THE JURY 238

THE VERDICT 270

CRIMINAL APPEALS 286



SENTENCING 322

JUVENILES 348

EXTRADITION 352

A SAMPLE OF DRAFT INDICTMENTS FR... 367

A SAMPLE OF VARIOUS DRAFTS COMPL... 378

RECOGNIZANCES FOR APPEARANCE OF ... 384

DRAFT IMMUNITY 392

SOME DRAFT DOCUMENTS LEAVE TO A... 394

BIBLIOGRAPHY 399



CRIMINAL COURT

TRIAL PROCESS

PROSECUTION POWERS (AG/DPP OR POLICE OR PRIVATE CITIZEN)

Bail is a Preliminary Process

Entity Vested with the Legal Authority to Proceed to Trial (on Indictment)



PROCESSES PRIOR TO TRIAL

ARREST

Illustrative Reasoning must be provided for each element within

this legal process.

1. Identification of CRIMINAL OFFENCE COMMITTED (Nature

Thereof) Alleged Perpetrator of Arrestable Criminal Offence

a. Either BY WAY OF INFORMATION

b. POLICE FIRST HAND OBSERVANCE AND PRESENCE

AT CRIME SCENE

2. Obtain Judge’s Order Arrest Warrant (Recorded in

Criminal Legal Registry)

3.

4. Locate Suspect



POLICE POWER OF BAIL

1. Rights Have Been Read



ATTORNEY GENERAL OF THE BAHAMAS (DPP of Other Commonwealth

Caribbean Jurisdictions)

NATURE OF POWERS1 OF AG

1. Institute & Undertake (Processes Needs Rapid

Elemental Visual Reinforcement)

2. Take Over and Continue

3. Discontinue

4. LIMITATIONS on POWERS (CHECKS & BALANCE)

5.

1



6.

Functions of Attorney-General

Abstracted Colour Code

1. OBJECTIVE OF SENTENCE / PARAGRAPH (Formatting UPPER CASE &

BLUE TEXT COLOURING)

2. SPECIFIC LEGAL CONCEPT (Formatting UPPER CASE

& FONT SIZE 20)

3. SPECIFIC LEGAL PRINCIPLE NEEDS EMPHASIS DUE TO LEVEL OF

GRAVITY (Formatting UPPER CASE & TEXT FONT RED)



4. Miscellaneous Point of Note (Formatting Text Font Bold)

78. (1) The ATTORNEY-GENERAL shall have POWER in any

case in which he considers it desirable so to do- (DISCRETIONARY NATURE OF

THE POWER CONFERRED ( More PRIVILEGED in Nature )

(a) to INSTITUTE and UNDERTAKE criminal proceedings against any

person

before any court in respect of any offence against the law of TheBahamas;

(b) to TAKE OVER and CONTINUE any such criminal proceedings that may

have been instituted by any other person or authority; and

(c) to DISCONTINUE, at any stage before judgment is delivered, any such

criminal proceedings instituted or undertaken by himself or any other person or authority.

(2) The powers conferred upon the Attorney-General under paragraph (1) of this Article may be exercised by him in person or through other personsacting under and in accordance with his general or special instructions.

(3) The powers conferred upon the Attorney-General by sub-paragraphs (1)

(b) and (c) of this Article shall be VESTED IN HIM to the EXCLUSION of any

other person or authority:

Provided that, where any other person or authority has institutedcriminal proceedings, nothing in this Article shall prevent the withdrawal of thoseproceedings by or at the instance of that person or authority at any stage before theTemporary Ministers.

Allocation of Portfolios to Ministers.person against whom the proceedings have been instituted has been charged before the court.

(4) In the exercise of powers conferred upon him by this Article the

Attorney-General shall NOT be SUBJECT to the DIRECTION or CONTROL of any

other personor authority.

(5) For the purposes of this Article, any appeal from any determination in



any criminal proceedings before any court or any case stated or question of lawreserved for the purpose of any such proceedings to any other court shall bedeemed to be part of those proceedings.

Trial Process

attorney general power - criminal practice and procedure

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