Database of Legislation

 Part III
 Article 11

Entry into Force Date:

2003-06-16

 

Adoption Date:

2003-04-11

 

Original Text

11. (1) This section has effect to supplement the
provisions of the Penal Code in relation to the jurisdiction
of the courts of The Bahamas to try offences which do not
take place wholly in The Bahamas.

(2) Subject to subsection (3) the provisions of the
Act shall have effect, in relation to any person, whatever
his nationality or citizenship, outside as well as within The
Bahamas.

(3) Where an offence under this Act is committed
by any person in any place outside The Bahamas, he may
be dealt with as if the offence had been committed within
The Bahamas.

(4) For the purposes of this section, this Act shall
apply if, for the offence in question —
(a) the accused was in The Bahamas at the material
time; or
(b) the computer, program or data was in The
Bahamas at the material time.

 

Details

Source:

http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/2003/2003-0002/ComputerMisuseAct_1.pdf

 

Cross-Cutting Issues

  • Jurisdiction

    • • Principle of territoriality (offences committed upon one state’s territory, even if the offender is a foreign citizen)
      • • Electronic Evidence/Digital Evidence