The Privy Court
The Judicial Committee of the Privy Council (JCPC) in London, England, sits at the top of the legal court hierarchy for The Bahamas (Judiciary, 2019). In all cases where an appeal is allowed, the Judicial Committee of the Privy Council functions as the final court of appeal.
The Privy Court’s Composition
The Privy Council comprises five judges. The Lord President of the Council, the Lord Chancellor, ex-Lord Presidents, the Lords of Appeal in Ordinary, and any other members of the Privy Council who occasionally hold or have previously held high judicial office make up the Judicial Committee (Judiciary, 2019). The Sovereign could also appoint two additional privy counselors. Based on the recommendation made by the Prime Minister, the King appoints these judges, typically chosen from a pool of prominent judges and legal professionals across the Commonwealth. Members are appointed for a specific number of years, following which they may be reappointed or succeeded by new members.
The Privy Court’s Jurisdiction
The Privy Council has jurisdiction over various legal issues. It has jurisdiction to hear civil and criminal cases (Judiciary, 2019). It has the authority to hear appeals from the Bahamas Supreme Court and Bahamian Court of Appeal in civil disputes. These include cases involving business disagreements, questions of property rights, and constitutional concerns. The Privy Council has the authority to consider appeals from the Court of Appeal in criminal cases involving serious offenses (ICC Lrgal Tools Database, 2003). Also, the Council has authority over issues involving the interpretation of the Bahamian Constitution. This means that it can assess whether laws passed by the Bahamian Parliament are constitutional and provide the required assistance.
The Privy Court’s Procedure
The court’s process starts when a party files an appeal by submitting a proper notice of appeal, along with pertinent documents. The Privy Council will then decide if permission to appeal should be granted. A panel of three to five Privy Council Justices will hear the case in its entirety if permission is granted. Each party makes its case during the hearing, and the Justices question them. The Justices will publish a written judgment following the hearing that thoroughly analyzes the pertinent legal problems and their conclusion.
The Court of Appeal
It is the Bahamas’ highest court resident. It was formed under Article 98 of the Constitution of The Commonwealth of The Bahamas (Judiciary, 2019). It is a component of the judicial arm of the Bahamas government.
The Court of Appeal’s Composition
The Court of Appeal comprises the President, the Chief Justice ex officio, who only participates at the President’s invitation, and whatever many additional Justices Parliament may specify. Currently, six people, including the President, are required by Parliament. Based on the recommendation of the Prime Minister, who consults the Leader of the Opposition, the Governor-General chooses a panel of judges serving on the Court of Appeal. There usually are five justices, with three sitting on panels at a time. Appointed justices can remain in office until they are 68 to 70 (Clark, 2008). An individual must hold or have held onto a judicial office to be eligible to serve as a Judge of Appeal.
The Court of Appeal’s Jurisdiction
Its jurisdiction and authority have been outlined in the Court of Appeal Act and the Constitution. It has appellate jurisdiction over the Magistrate Courts and the Supreme Court as well as in constitutional, criminal, and civil matters. It is qualified to hear appeals from Supreme Court rulings, decrees, and sentences. Moreover, the Court of Appeal has the authority to hear and decide appeals from cases in magisterial courts involving indictable offenses that can be tried summarily.
The Court of Appeal’s Procedure
Within 21 days of the date of the judgment or order being appealed, a party must file a Notice of Appeal at the Court of Appeal Registry to start the process. The Record of Appeal, which consists of the documents from the lower court proceedings, must be prepared and filed by the appellant. Before the hearing, the parties must exchange written submissions describing their claims and supporting materials. Usually held in the Bahamas, the hearing could include oral arguments from each side. The Court of Appeal will examine the arguments put forth and might ask clarification-seeking questions. After deliberating, it will publish a written judgment outlining its ruling and justifications.
The Supreme Court
In the Commonwealth of the Bahamas’ system of courts, the Supreme Court of the Bahamas is the third-highest. Notably, it is the highest court of original jurisdiction. It was initially founded by the Supreme Court Act of 1896 and was reborn by Article 93(1) of the Constitution.
The Supreme Court’s Composition
18 Justices, including the Chief Justice, have been appointed to the Supreme Court’s bench (Judiciary, 2019). On the recommendation of the Judiciary and Legal Services Commission, the Governor General appoints the Justices. Before being appointed, justices must be counsel, attorneys, and members of the Bahamas Bar or a Commonwealth’s Bar for at least ten years. With the approval of the Governor-General and upon the proposal of the Prime Minister following consultation with the Leader of the Opposition, a Judge of the Supreme Court could serve until the age of sixty-five but no later than sixty-seven.
The Supreme Court’s Jurisdiction
The Supreme Court has unlimited original jurisdiction over civil and criminal cases and issues (Judiciary, 2019). It has the authority to hear and rule on any issue arising under Bahamian law, including issues on the Constitution, human rights, property rights, disagreements over contracts, and criminal charges. It also possesses appellate jurisdiction granted to it by the Supreme Court Act of 1996 or any other law (Clark, 2008). Thus, it can handle the appeals from lower courts, including the Magistrates’ Court and the Family Island Courts.
The Supreme Court’s Procedure
Its procedure starts when a party files a written claim with all the required information, including the parties’ names, the substance of the claim, and the relief requested. The other party or parties must then be served with notice of the claim, and they have a certain amount of time to reply. The court could schedule pre-trial meetings, such as case management conferences and other hearings after the claim has been served to help manage the case’s development. If the case goes to trial, the parties will present their arguments and evidence to the court. This evidence could include testimonies from experts and witnesses, among other types of evidence. After hearing the arguments and evidence, the judge will issue a written judgment outlining their decision and justifications. The Court of Appeal, the second-highest court in the Bahamian legal system, could then hear an appeal from the party that disagrees with the Supreme Court’s ruling.
The Magistrate’s Court
These are the first-instance courts. The Bahamas has seventeen magistrates courts: one at Eight Mile Rock, Grand Bahama, two in Freeport, Grand Bahama, and fourteen in New Providence (Judiciary, 2019). It is an accessible forum for settling civil and criminal disputes, making it a crucial part of the Bahamian legal system.
The Magistrate’s Court Composition
It comprises a magistrate who presides over court sessions. The Governor-General appoints the Chief Magistrate and two Deputy Chief Magistrates on the recommendation of the Judicial Law Service Commission (Judiciary, 2019). Ex officio magistrates for The Bahamas are stipendiary and circuit. Members of the English, Irish, Scottish, or Bahamian Bar who have been in practice for at least five years are required for stipendiary and circuit magistrate positions.
The Magistrate’s Court Jurisdiction
A magistrate has the authority to hear and decide any civil case where the amount to be recovered or the property’s value does not exceed $5,000 unless a statute explicitly grants jurisdiction over a higher amount (Judiciary, 2019). A magistrate also has the authority to try all summary offenses, investigate all indictable offense charges, and try all civil cases. In addition, various domestic and juvenile cases are heard in the Magistrates’ Court.
The Magistrate’s Court Procedure
The procedure typically starts when a party submits a written claim or charge that includes all relevant details, including the parties’ names, the nature of the claim or charge, and the relief requested. The other party or parties must then be served with the claim or charge and have a specific duration to react. The court will schedule a hearing after the claim or charge has been served, during which the parties will submit their arguments and supporting evidence. The magistrate will decide based on the facts offered, and they will then give a written judgment outlining their choice and justifications. A displeased party could appeal the Magistrate’s Court’s ruling at the Supreme Court.
References
Clark, S. (2008). Bahamian Jurisprudence. Stetson University College of Law. Web.
Judiciary, The Bahamas. (2019). Courts – The judiciary of the Bahamas. The Judiciary of The Bahamas. Web.
ICC Legal Tools Database. (2003). Bahamas. Report on Judicial Systems in the Americas 2002-2003. Web.