The Government of The Bahamas has made significant moves in a bid to address various challenges facing the country’s judicial system. These challenges and their remedies were highlighted by Attorney General, Senator the Hon. Ryan Pinder during the Conference of Caribbean Chief Justices and Heads of Judiciary held at Baha Mar, June 18, 2025.
Also in attendance were: Governor General, Her Excellency Dame Cynthia Pratt; Prime Minister and Minister of Finance, the Hon. Philip Davis; Chief Justice Sir Ian Winder; Supreme Court Justices and other Senior Leaders of the Caribbean and local Judiciary.
During his address to the attendees, Mr. Pinder said judicial systems throughout the region face the same challenges including an increase in criminal activity, delays in the delivery of judgements, increased backlogs and shortages in the criminal bar, among other issues.
These realities, he surmised, made finding solutions a top priority for the government. Consequently, a series of ‘aggressive’ actions were taken to counter these challenges. They include legislative action such as the amendment to the Magistrates Act to increase the financial thresholds of the jurisdiction of a Magistrate to hear certain matters and adjust the maximum penalties. He also discussed other initiatives taken.
“We passed the Court Services Act which empowers the judiciary to operate autonomously administratively by taking away oversight by the central government and providing further judicial independence,” he said. “We amended the Supreme Court Act to increase the maximum number of Supreme Court judges from 20 to 25. This is a significant amendment, increasing the capacity to conduct trials in the Supreme Court by 25%. We amended the Bail Act to require an accused granted bail to enter a recognisance of bail with the conditions to which the grant of bail is subject. The amendment also provides that “the breach of any of the conditions contained in the recognisance of bail shall result in the bail being void.”
He said that in addition, the legislation includes three mandated conditions for the recognisance of bail:
“The accused person shall
(a) not commit any offence while on bail;
(b) not interfere with witnesses;
(c) duly appear at the time and place of trial or of an adjourned hearing and not depart the court without leave.”
Other actions taken include, the Anti-Gang Act which makes provision for maintaining public safety and order by discouraging membership in gangs, suppressing and punishing the participation of gang members in serious offences, and in gang-related activities. “The Act makes it unlawful to be a gang leader or a gang member and prescribes the evidence which is admissible to prove membership in a gang,” he explained.
The Trial by Judge Alone (Miscellaneous Provisions) Act was also passed, which grants a right of election to persons charged with indictable offences in the Supreme Court to be tried by a Judge alone. “The Act provides that accused persons on arraignment in the Supreme Court may waive their right to jury trial and elect trial by judge alone but only after they have either sought and received legal advice or waived their right to such advice.”
Mr. Pinder said that this aggressive ‘tough on crime’ legislative agenda is coupled with legislation to enhance the operations of the court system but this is not exhaustive. “This is not the end of our legislative agenda. We have redrafted a new Penal Code that is intended to reflect best practices and ensure it is fit for purpose. These will go hand in hand with new Sentencing Guidelines that are being drafted.”
Currently, he added, a new Firearms Bill has been drafted, which include wider coverage of illegal firearms, including gun kits and assembling firearms therefrom, as well as the production of 3D firearms.
“The Bill will apply specifically to ghost guns which are inherently dangerous, unregulated, have no manufacturer’s name, or serial number on them, and are impossible to trace. We will prohibit the acquisition of high-powered firearms, assault weapons, sub-machine and machine guns, any component parts thereof, ammunition for those guns, and any accessories which may be used to convert a licensed firearm into a prohibited firearm or weapon,” said the Attorney-General.
Other moves include an upgrade in courts as it relates to technology and infrastructure. Additionally, a new family court complex has been opened to address family matters. There are also plans for the building of a new Supreme Court complex, which will include several specialty courts. “A new Supreme Court Complex will also allow us the space necessary to roll out additional specialty courts, including a sexual offenses court, a juvenile court, a new coroner’s court and a commercial court. We believe these court infrastructure reforms will go a long way to ensuring timely and efficient administration of justice.”
With the government doing its part to ensure the successful carriage of justice in the land, the Attorney General said that the judiciary has also been asked to give the same level of commitment in the execution of their duties.
“We have asked the judiciary to likewise give the same commitment which is within their remit. This includes ensuring that decisions are rendered timely. In The Bahamas, and I would suspect throughout the region we struggle with justice delayed because of long waits for decisions to be issued. I know our judges are working hard to reverse this trend, and I trust throughout the region you likewise are doing the same.”
Mr. Pinder concluded by encouraging the delegates to have a constructive and thought-provoking conference and to foster bonds, strategies and relationships, which would further enhance the region’s judicial systems.
By Betty Vedrine/Bahamas Information Services
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