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Bail Act - The Bahamas Laws On-Line

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CH.103 – 8]<br />

BAIL<br />

Appeal to Court<br />

of Appeal.<br />

21 of 2006, s. 2.<br />

23 of 2007.<br />

23 of 2007, s. 2.<br />

General<br />

provisions<br />

relating to bail.<br />

(4) Where the Supreme Court refuses an accused<br />

person bail under subsection (1) and the accused person is<br />

not then in custody, the Court shall issue a warrant for the<br />

arrest of the accused person, who shall be brought before a<br />

Magistrate’s Court and shall be remanded in custody.<br />

(5) <strong>The</strong> powers of the Supreme Court under this<br />

section are without prejudice to the jurisdiction vested in<br />

the Supreme Court under any other law.<br />

8A. (1) Where the Supreme Court grants or refuses a<br />

person bail, or refuses to revoke bail, the prosecution or the<br />

person, as the case may be, shall have a right of appeal to<br />

the Court of Appeal.<br />

(2) An appeal shall be filed within two days of the<br />

making of the decision, the subject matter of the appeal,<br />

and pending the hearing of an appeal against an order<br />

admitting an accused person to bail that order shall be<br />

suspended.<br />

9. (1) When bail is granted to a person to whom<br />

section 3 applies, no condition may be attached unless it is<br />

considered necessary for the purpose of preventing<br />

absconding, the commission of an offence on bail or<br />

interference with witnesses, or for the purpose of obtaining<br />

medical or other reports.<br />

(2) A person to whom bail is granted in criminal<br />

proceedings is under a duty to surrender to custody, and<br />

that duty is enforceable in accordance with section 10 of<br />

this <strong>Act</strong>.<br />

(3) A Court may require any person applying for<br />

bail to provide, before release on bail, one or more sureties<br />

to secure that person’s surrender to custody.<br />

(4) Where it appears that the applicant for bail is<br />

unlikely to remain in <strong>The</strong> <strong>Bahamas</strong> until the time appointed<br />

for him to surrender to custody, he may be required, before<br />

release on bail, to give security for his surrender to custody<br />

and the security may be given by him or on his behalf.<br />

(5) Where a parent or guardian of a child or young<br />

person consents to be surety for the child or young person for<br />

the purposes of this section, the parent or guardian may be<br />

required to ensure that the child or young person complies<br />

with any condition imposed on him except that —<br />

(a) no condition shall be imposed on the parent or<br />

the guardian of a young person where it appears<br />

that the young person will attain the age of<br />

STATUTE LAW OF THE BAHAMAS LRO 1/2008

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