The Tribune

By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

EVERY Justice of the Peace in The Bahamas will lose their appointment within three years unless they reapply under strict new rules that bar anyone over 70 or with a criminal conviction, under a bill passed by the House of Assembly yesterday.

The House also passed a bill giving magistrates the same legal immunity as Supreme Court justices.

The Justices of the Peace Bill, 2026 and the Magistrates Bill, 2026, replace the Magistrates Act, which has governed both magistrates and JPs since 1896. Moving the bills, Deputy Prime Minister Chester Cooper said reform of the Act was “long overdue”.

Under the JP bill, sitting JPs keep their posts for three years after the law takes effect. Anyone who wants to carry on must then apply again under the new rules. New appointments will last no longer than five years, and renewal requires a fresh application and approval.

Applicants must be Bahamian citizens aged 30 to 70, of sound mind, fluent in spoken and written English, and have no prior criminal convictions. They need nominations from at least three registered voters living on the island where they want to serve, written character references and a police certificate issued within the previous six months.

The Attorney General will vet each applicant, get a written “no objection” from the Chief Justice and seek Cabinet approval before the Governor General makes the appointment. Before taking office, applicants must complete a training course endorsed by the Chief Justice and accredited by the National Accreditation and Equivalency Council. They must also agree in writing to further training and to a code of conduct.

The application form attached to the bill asks applicants to state their religion and denomination, their marital status and why they want to be appointed. A section for official use records whether a national security vetting report has been completed.

In February, its president, Devon Rolle, said Prime Minister Philip Davis had postponed tabling an earlier version after the association called an emergency meeting and asked for more consultation.

“We know that there is some abuse in the system of JPs,” Mr Rolle told The Tribune at the time. He said there was no requirement for training before someone was appointed a JP.

The association supported reform but objected to removing JPs entirely from the Magistrates Act, arguing their historical role should still be reflected in that law. The government has now done exactly that. Mr Cooper said the two offices were “fundamentally different” in their roles, powers and responsibilities and needed separate laws.

There are thousands of JPs across the country, according to the association, but fewer than 300 are registered with it. Mr Cooper said JPs have been especially important in the Family Islands, where they spare residents trips to New Providence.

The bill sets out JPs’ powers in law. Mr Cooper said that would help “prevent the misuse or misunderstanding of their authority”.

JPs will be able to issue search warrants, arrest warrants and summonses, take bail recognisances, administer oaths and witness affidavits. They can also certify a person’s identity and certify copies of documents, as long as the original is produced. They may attest a written statement by an accused person only if they are satisfied it was given voluntarily, and they keep the power to preserve the peace and break up riots, calling on police for help.

JPs cannot try cases, hold preliminary inquiries or perform marriages unless they are registered marriage officers. They are also barred from giving legal advice.

Every JP must keep a written record of each duty performed, including the date and the name and address of the person served. If a JP refuses to act for someone, the reasons must be recorded. Failing to keep records is an offence carrying a fine of up to $5,000.

Complaints about a JP must be made in writing to the Attorney General, who can demand the JP’s records to investigate. A JP charged with a serious offence carrying a prison sentence, or one that could bring the office into disrepute, may be suspended. JPs can be removed for misconduct, being convicted of such an offence, being declared bankrupt, acting while suspended, breaching the code of conduct, or physical or mental inability to do the job.

The Attorney General will keep an official roll of JPs, and every appointment, suspension and removal will be published in the Gazette. The Attorney General can also make regulations on discipline and appeals, conflicts of interest, performance evaluations and electronic verification of documents.

Under the code of conduct, JPs must keep information confidential, avoid conflicts of interest, treat people with courtesy and deal with requests promptly. They must also not criticise anyone’s choice to swear an oath or make an affirmation.

Under the Magistrates Bill, magistrates will receive the same immunity Supreme Court justices now have. Mr Cooper said this would bring The Bahamas in line with Jamaica and Bermuda. Judicial immunity generally protects judges from being personally sued over decisions made in their judicial role.

The bill also drops the title “Stipendiary Magistrate” throughout the law, which Mr Cooper said would remove outdated distinctions between judicial officers in the Magistrates’ Courts.

It raises the fine tied to magistrates’ powers of compulsion from $20 to $100 and allows civil cases to be transferred from one magistrate’s court to another. It also removes provisions allowing magistrates to order the destruction of animals, which Mr Cooper said are now covered by more recent laws. The Magistrates’ Rules of Court will be set out in separate legislation made by the Rules Committee.

Otherwise, Mr Cooper said, the Magistrates Bill is largely unchanged from the current law, apart from scrapping practices and language that are no longer used.

Both bills must now pass the Senate before they can become law.