Criminal Law Miscellaneous (Amendment) Act, 2006

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No. 21 of 2006

AN ACT TO AMEND A MISCELLANY OF ACTS

RELATING TO THE CRIMINAL LAW.

[Date of Assent - 18^th August. 2006]

Enacted by the Parliament of The Bahamas.

1.(1)

This Act may be cited as the Criminal Law Miscellaneous (Amendment) Act, 2006.

Short title and commencement.

(2)

This Act shall come into force on the date appointed by the Minister by notice in the Gazette.

The Acts specified in the First column of the Schedule are amended to the extent shown in the Second column.

Amendments to certain Acts.

Schedule.

(section 2)

SCHEDULE

Second Column

Insert immediately after section 8, the following new section -

First Column

Bail Act, Ch. 103.

"Appeal to Court of Appeal.

8A.(1) Where the Supreme Court grants or refuses a person bail, or refuses to revoke bail, the prosecution or the person, as the case may be, shall have a right of appeal to a judge of the Court of Appeal.

(2)An appeal shall be filed within forty-eight hours of the making of the decision, the subject matter of the appeal, and pending the hearing of an appeal against an order admitting an accused person to bail that order shall be suspended.".

(i)

Section 9 (2) is repealed and replaced as follows -

Fire-arms Act, Ch. 213.

" (2) If any person -

(a)

purchases, acquires or has in his possession any firearm or ammunition to which the Part of this Act applies, without holding a firearm certificate in force at the time, or otherwise than as authorised by such certificate, or, in the case of ammunition in quantities in excess of those so authorised; or

(b)

fails to comply with any condition subject to which a firearm certificate is held by him, he shall, subject to the provisions of sections 12, 43 and 44 of this Act, for each offence be liable -

(i)

on conviction on information, to imprisonment for ten years;

(ii)

on summary conviction before a Stipendiary and Circuit Magistrate, to imprisonment for a term of five years:

Provided that where the court is satisfied that such person was the holder of a firearm certificate granted under this part and did not renew such firearm certificate during the period specified in the proviso to subsection (4) of section 10, or during the period of six months next following that period, the court may, in lieu of passing a sentence of imprisonment, impose on such person a fine not exceeding one thousand dollars.".

(ii)

Section 15(2) is repealed and replaced as follows -

" (2) Any person who purchases, acquires or has in his possession, uses or carries a gun without a licence therefor shall be liable-

(a)

on conviction on information, to imprisonment for a term of ten years and to a fine of ten thousand dollars;

(b)

on summary conviction before a Stipendiary and Circuit Magistrate, to imprisonment for a term of five years and to a fine of ten thousand dollars:

Provided that where the court is satisfied that such person was the holder of a gun licence granted under this Part and did not renew such gun licence during the period specified in the proviso to subsection (3) of section 16, or during the period of six months next following that period, the court may, in lieu of passing a sentence of imprisonment, impose on such a person a fine not exceeding one thousand dollars.".

(iii)

Section 32(5) is repealed and replaced as follows -

" (5) If any person contravenes any provision of this section, he shall for each offence be liable -

(a)

on conviction on information , to imprisonment for a term of ten years;

(b)

on summary conviction before a Stipendiary and Circuit Magistrate, to imprisonment for a term of five years,

and in addition to a fine of five thousand dollars, such gun or ammunition shall be forfeited to the Crown.".

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Bahamas Numbered Acts

Criminal Law Miscellaneous (Amendment) Act, 2006