ABSTRACT

All criminal proceedings are initiated in the magistrates’ court, whether they are serious or minor. There are two types of offence, summary and indictable, the former tried in the magistrates’ court and the latter by a jury before a judge. Criminal proceedings are thus commenced by the prosecution presenting to the magistrate a complaint, alleging that the person named has committed some specific offence. If the complaint is not initially in writing, it should be reduced to writing. The complaint must specify the statement of the offence and sufficient particulars. In indictable trials by a jury before a judge, the ‘indictment’ is the document which is filed in court. In the Bahamas it is called the information. An objection to a complaint or a count in an indictment on the basis of duplicity ought to be taken as soon as possible. It should be done before the defendant pleads.