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Children and Young Persons (Validation of Juvenile Panel Courts) Act, 2004

No. 22 of 2004

AN ACT TO VALIDATE ACTS PERFORMED BY

PERSONS NOT PROPERLY APPOINTED UNDER THE

CHILDREN AND YOUNG PERSONS

(ADMINISTRATION OF JUSTICE) ACT

(Date of Assent - 7th October, 2004)

WHEREAS pursuant to section 3(1) of the Children and Young Persons (Administration of Justice) Act, the Chief Justice may by Order establish in any magisterial district a Juvenile Court which shall exercise such jurisdiction as may be conferred upon it by the Children and Young Persons (Administration of Justice) Act ;

AND WHEREAS the Chief Justice has established a Juvenile Court in Grand Bahama, New Providence and North and Central Abaco ;

AND WHEREAS pursuant to section 3(3) of that Act, the Minister after consultation with the Chief Justice may by Order in respect of any Juvenile Court appoint a panel of not less than six persons from whom the members, other than the Chairman, of the court at any sitting thereof shall be selected as hereinafter provided ;

AND WHEREAS every appointment to the panel shall be for a definite period ;

AND WHEREAS pursuant to section 3(4) of that Act, at any sitting of a Juvenile Court the court shall consist of the Chairman and two other members, one at least of whom shall be a woman, selected by the Chairman from the panel of persons appointed under section 3(3) of the Act ;

AND WHEREAS pursuant to section 6 of the Act, in the exercise of any jurisdiction conferred upon a Juvenile Court the members thereof shall enjoy immunities as are enjoyed by a magistrate in the exercise of his jurisdiction ;

AND WHEREAS no Order was made by the Minister to appoint a panel in respect of Grand Bahama and New Providence since 30th September, 1997 which is the expiration date of the last Order ;

AND WHEREAS no Order was made by the Minister to appoint a panel in respect of North and Central Abaco ;

AND WHEREAS Juvenile Courts in Grand Bahama and New Providence have been sitting since 1st October, 1997 consisting of persons who were selected from a panel of persons who were not appointed as juvenile panel members in accordance with the Act ;

AND WHEREAS Juvenile Courts in North and Central Abaco have been sitting since 2nd August, 2001 consisting of persons who were selected from a panel of persons who were not appointed as panel members in accordance with the Act ;

AND WHEREAS it is considered necessary to validate the said appointments and any acts performed in the exercise of the functions of the panel members :

Enacted by the Parliament of The Bahamas.

1.
This Act may be cited as the Children and Young Persons (Validation of Juvenile Panel Courts) Act, 2004.

Short title.

2.
Every act carried out by a person who was appointed by the Minister as a member of a Juvenile Court in New Providence and Grand Bahama since 1st October, 1997 and North and Central Abaco since 2nd August, 2001 respectively, which would have been valid but for the fact of such appointment, shall be deemed to have been lawfully and validly carried out by that person.

Acts of Juvenile panel members made valid.


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