Frequently Asked Questions

Q. What is the role of the Attorney-General?

A. The Attorney-General is a member of Government with two separate constitutional roles, a governmental role and a role as the guardian of the public interest. In his governmental role, the Attorney-General acts as a member of Government in the performance of her duties and in her role as the guardian of the public interest she acts independently, representing the community at large.

Q. What are the main objectives of the OAG?

A. The main objectives of the Office of the Attorney-General are:

       to provide legal advice to the Cabinet to all Ministers, statutory bodies and Departments of Government on both local and international matters;
       to arrange for legal officers or lawyers to prosecute in criminal matters on behalf of the State;
       to appear in civil matters for and on behalf of the State;
       to keep under review all the laws applicable to The Bahamas with a view to their systematic development and reform;
       to prepare principal and subsidiary legislation for Government Ministries and other bodies;
       to vet and approve documents on behalf of the State submitted by Ministries, Government Departments and statutory bodies.

Q. Can the OAG give me personal legal advice or represent me in court?

A. No. The primary role of the Attorney-General's Office is to provide legal representation to the Government of the Commonwealth of The Bahamas - its agencies, and government officials acting in their official capacities. The office is not authorized to advise or represent private citizens on personal legal matters. If you need help with a personal legal matter-such as filing a lawsuit, creating a will, or defending against a criminal charge, you may want to contact a private attorney. If you do not know an attorney in your area, you may contact the Bahamas Bar Association by calling 242-326-3276.

Q. Can I obtain an Attorney-General’s opinion on a legal matter?

A. No. The Office of the Attorney-General provides formal written opinions about constitutional or legal questions when requested by government ministries and departments. The office does not prepare opinions for private citizens, state agency employees, or employees of local agencies. An official opinion expresses the Attorney-General’s position on a point of law. Opinions are considered persuasive but not binding by the courts.

Q. I want to look up a law. Where can I find it?

A. The laws of The Bahamas are contained in 14 loose-leaf volumes; 8 volumes of the Statute Laws and 6 volumes of Subsidiary Legislation. These volumes are available to the public for purchase at the Cabinet Office. In addition the laws of The Bahamas may be accessed at http://laws.bahamas.gov.bs.

Q. Where can I obtain a copy of a legal document?

A. It depends on what document you wish to obtain. If the document is part of a judicial proceeding, you will need to visit the Supreme Court Registry which is located at the Supreme Court Registry, Supreme Court, Marlborough Street. The telephone contact for the Civil, Family, Criminal and Probate Registries is 325-4895. Copies of birth and death certificates may be obtained from the Registrar General Department. The Registrar General's Department is located at No. 50 Shirley Street Street, Nassau, New Providence.

Q. Where can I file a complaint against an attorney?

A. Grievances against attorneys-at-law who are licensed to practice law in The Bahamas should be filed with the Bahamas Bar Association. To discuss filing a grievance, you may call 242-326-3276 or write to the following address:

The Bahamas Bar Association
Elizabeth Avenue South
P.O. Box N-4632, Nassau, Bahamas

email: bba@batelnet.bs 

Q. What is the role of the Law Reform and Revision Commission?

A. The role of the Commission is:

   to act as a research facility and to develop legislation which would respond to and accommodate the changing needs of society; and
   to keep the laws of The Bahamas up to date by identifying major policy issues requiring legislative attention.

In the performance of its functions, the Commission’s core activity has been to develop law reform recommendations, which seek to provide innovative, relevant and timely solutions to highly complex legal issues.

Q. What are the functions of the Department of Public Prosecutions?

A. The functions of the Department of Public Prosecutions include the following:

       undertake criminal prosecutions in all the Supreme Courts;
       brief counsel in the United Kingdom on the conduct of appeals before the Judicial Committee of the Privy Council;
       undertake prosecutions in complex matters and matters of public interest in the forty Magistrate's Courts throughout the country;
       formulate prosecution policy;
       interface on a regular basis with governmental, non-governmental and International agencies;
       advise the Police, Magistracy, Supreme Court, Appeal Court, Citizens, National Security (Prisons) and Ministry of Foreign Affairs, other Ministry’s and internal agencies e.g. The United Nations;
       assist with extradition requests; and
       profer indictments before the Supreme Court and is additionally responsible for preparing and filing other legal instruments.

Q. Who heads the General Administration of the OAG?

A. The Permanent Secretary heads the General Administration Department of the Office of the Attorney-General and is responsible for the overall administrative functions of the Office. The Permanent Secretary is also the designated the Accounting Officer for the office.

Q. How can one be admitted to the Bahamas Bar?

A. To be admitted to practice law in The Bahamas, one must be qualified in accordance with either Part A, B or C of the First Schedule of the Legal Profession Act, Ch. 64.

Q. How do I find a lawyer?

A. To find a lawyer you may contact the Bahamas Bar Association at 326-3276 to obtain a list of all the attorneys admitted to practice in The Bahamas and from whom you may select.

Q. Where can I get legal aid?

A. Legal aid in The Bahamas is available through the Eugene Dupuch Law School. The Legal Aid Clinic is located on Pitt Road and the telephone contact is 356-3435 or 356-5726.