By JADE RUSSELL

Tribune Staff Reporter

jrussell@tribunemedia.net

THE government is moving to overhaul how Justices of the Peace (JPs) are appointed and regulated, introducing tighter rules, mandatory training, and a three-year review that could remove unqualified or inactive officers, according to the Justices of the Peace Bill, 2025.

For decades, JPs have operated across The Bahamas as community officers with limited judicial powers, often certifying documents, witnessing statements, and issuing warrants. But their role has long been criticised for lax oversight and inconsistent standards.

Under the new bill, the Attorney General will become the central authority over all JPs, responsible for handling affidavits, witness statements, and other legal documents, as well as overseeing disciplinary measures, complaints, and performance evaluations. The Attorney General will also have the power to issue new regulations to modernise the system, including rules for electronic document verification and ethical conduct.

The bill seeks to professionalise the role through stricter eligibility requirements and mandatory training. Applicants must be Bahamian citizens aged between 30 and 70, of good character, fluent in English, and free of criminal convictions. They must be nominated by at least three people and provide police certificates and references.

Once an application is received, the Attorney General must conduct due diligence, obtain a written “no objection” from the Chief Justice, and secure Cabinet approval before any appointment is made.

Before taking office, applicants must complete a training course approved by the Chief Justice and accredited by the National Accreditation and Equivalency Council of The Bahamas, then pledge to abide by a Code of Conduct. Appointments will last up to five years and may be renewed only after review and reapplication.

Existing JPs will not be automatically grandfathered in. The bill says: “A person who, immediately before the commencement of this Act, was appointed as a Justice of the Peace, shall continue to be so appointed under this Act for a period of three years from the date of commencement of this Act.” It adds: “A person who, at the expiration of the period referred to in subsection (1), is desirous of being reappointed as a Justice of the Peace, shall make application in accordance with the provisions of this Act.”

JPs will face tougher accountability measures. Complaints about their conduct can be filed with the Attorney General, who may demand documents or records during investigations. They must also keep written logs of all official duties performed and face fines of up to $5,000 for failing to do so.

The bill explicitly limits JPs’ powers, making clear they cannot try cases, conduct preliminary inquiries, or perform marriage ceremonies unless separately registered as marriage officers. They are also forbidden from giving legal advice in their official capacity.

JPs will still have core duties such as issuing search warrants and summonses, taking recognisances for bail, administering oaths, witnessing affidavits, and attesting to voluntary written statements.

Appointments will be made by the Governor General, acting on the advice of the Attorney General. However, any JP charged with a serious offence or accused of conduct that brings the office into disrepute may be suspended pending the outcome of proceedings.

The Governor General may also remove a JP from the roll for misconduct, bankruptcy, providing services while suspended, or breaching the Code of Conduct.

The proposed legislation represents the most comprehensive reform of the office in years, aiming to restore public trust in a system that has long operated with little scrutiny or structure.