Belize Summary Jurisdiction (Procedure) Act Revised Edition 2000 Showing The Law As at 31St December, 2000
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SUMMARY JURISDICTION (PROCEDURE) ACT
CHAPTER 99
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
SUMMARY JURISDICTION (PROCEDURE) ACT 15
Amendments in force as at 31st December, 2000.
BELIZE
SUMMARY JURISDICTION (PROCEDURE) ACT
CHAPTER 99
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
SUMMARY JURISDICTION (PROCEDURE) ACT 15
Amendments in force as at 31st December, 2000.
Summary Jurisdiction (Procedure) [CAP. 99 3
CHAPTER 99
SUMMARY JURISDICTION (PROCEDURE)
ARRANGEMENT OF SECTIONS
1. Short title.
Preliminary
2. Interpretation.
3. Application of the Act.
PART I
General Provisions
4. Acts done partly within and partly beyond court’s jurisdiction.
5. Presumption of age of child.
6. Saving of right of punishment.
7. Saving of jurisdiction of the Supreme Court.
8. Saving of offences constituted by other statutes.
9. Restrictions of jurisdiction in respect of questions of title or
insolvency.
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PART II
Punishment
10. Punishment under the Act.
11. Infliction of less penalty.
12. Award of compensation to person injured.
13. Effect of payment of compensation.
14. Reduction of term of imprisonment.
15. Consecutive sentences of imprisonment.
PART III
Abetment and Attempt
16. Abetment of summary conviction offence.
17. Attempt and incitement to commit summary conviction offence.
PART IV
Institution of Proceedings
Making of Complaint
18. Mode of instituting proceeding.
19. General right of making complaint.
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20. Limitation of complaint.
21. Form and requisites of complaint.
22. Statement of exception.
Search Warrant
23. Issue of search warrant and proceedings thereunder.
Search without Warrant
24. Searching licensed places.
Enforcing Appearance of Defendant
25. Issue of summons to defendant.
26. Issue of single summons on more than one information.
27. Service of summons on defendant.
28. Hearing ex parte, or issue of warrant, on non-appearance of
defendant.
29. Issue of warrant for defendant in first instance.
PART V
Witnesses
Enforcing attendance of witness
30. Issue of summons for witness.
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31. Service of summons on witness.
32. Warrant for witness after summons.
33. Issue of warrant for witness in first instance.
34. Dealing with witness arrested under warrant.
35. Non-attendance of witness on adjourned hearing.
Refractory Witness
36. Dealing with witness refusing to be sworn or give evidence.
PART VI
Hearing and Order
Hearing of complaint
37. Time and place of hearing.
38. Conduct of case.
39. Non-appearance of complainant.
40. Non-appearance of defendant.
41. Guilty plea by post. Procedure thereon. Schedule.
42. Non-appearance of both parties.
43. Appearance of both parties.
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44. Hearing.
45. Cross-complaints.
46. Addresses.
47. Adjournment and proceeding thereon.
Order for taking of Prints
48. Taking of prints by order of the court.
Transfer of Cause
49. Transfer of cause where ground of complaint has arisen out of
jurisdiction of the court.
50. Reduction of charge from indictable to summary conviction offence.
51. Where charge appears to be one proper for indictment.
Making of Order
52. Time of decision and order.
53. Imprisonment in default of payment of penalty.
54. Power to impose a fine in lieu of imprisonment.
55. Scale of imprisonment for non payment of money adjudged to be
paid by order.
56. Full offence charged-attempt proved.
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57. Attempt charged-full offence proved.
58. Full offence charged-part proved.
59. Discharging defendant without punishment.
Costs and Compensation
60. Order for costs and compensation.
PART VII
Enforcement of Order
61. Powers of the court as to mode of payment of money adjudged to
be paid by order.
62. Allowance of further time.
63. Deposit of money in lieu of surety.
Distress Warrant
64. Distress warrant.
65. Commitment or security until return made to distress warrant.
66. Imprisonment in default of distress.
67. General provisions with respect to distress warrants.
68. Payment of amount of distress warrant.
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Commitment of Defendant
69. Committal of defendant in certain cases.
70. Obligation to allow time for payment of penalties.
71. Postponing issue of warrant of commitment.
72. Where the conviction or order directs imprisonment only.
73. Commencement of imprisonment.
74. Varying or discharging of order for sureties.
75. Right of person imprisoned in default to be released on payment of
sum adjudged to be paid.
76. Determination of liability of defendant on satisfaction of, or discharge
from, order.
77. Imprisonment for a subsequent offence.
Summary Order
78. Summary order to do specific act.
PART VIII
Summary Trial of Crimes
Summary trials of indictable offences generally
79. Remand of person charged.
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80. General provisions as to dealing summarily with crimes.
PART IX
Maintenance Orders (Facilities for Enforcement)
81. Interpretation of terms in Part IX.
82. Enforcement in Belize of maintenance orders made in England or
Northern Ireland.
83. Transmission of maintenance orders made in Belize.
84. Provisional orders of maintenance against persons resident in
England or Northern Ireland.
85. Confirmation by summary jurisdiction court of maintenance order
made in England or Northern Ireland.
86. Regulations to facilitate communications between courts.
87. Mode of enforcing orders.
88. Application of provisions relating to summary jurisdiction
procedure.
89. Proof of document signed by officers of court.
90. Depositions to be evidence.
91. Extension of Act.
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PART X
Miscellaneous Provisions
Ownership of Property
92. Statement of ownership of property.
93. Statement of ownership of church.
94. Statement of ownership of public property.
Arrest
95. Arrest of offender in certain cases.
96. Bail where offender taken into custody without warrant.
97. Form and requisites of warrant of apprehension.
98. Execution of warrant.
99. Handcuffing of person arrested.
100. Police station to be lock-up.
Proceedings relating to Stolen Goods, etc.
101. Stolen goods search warrant.
102. Recovery of goods unlawfully pawned, etc.
103. Restoration of goods stolen, etc.
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104. Restitution order and its effect.
105. Goods of unknown owner may be sold.
Seizure and Restitution of Property
106. Seizure of property the proceeds of summary conviction offence.
107. Seizure of things intended to be used in commission of summary
conviction offence.
108. Enforcement of order of seizure.
109. Return of property found on person apprehended.
110. Application of money found on person apprehended.
111. Restitution of property in case of conviction.
112. Finding sureties to keep the peace.
113. Binding over parties to be of good behaviour.
114. Bringing up person imprisoned for want of sureties.
115. Sanction of compromise.
116. Recognisances taken out of court.
117. Enforcement of recognisance to keep the peace or to be of good
behaviour.
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Enforcement of Recognisance
118. Mode of enforcing recognisance.
Commitment of Vagrants and Rogues to
Poor-house
119. Power to make order for detention of vagrants in poor-house.
120. Time of detention.
121. Power to order discharge of person detained.
122. Discharge of person detained on security being given.
123. Transfer to hospital of person detained in case of illness.
124. Arrest of person detained in case of escape.
Saving of Validity of Process
125. Provisions as to certain proceedings in the court.
126. No objection to jurisdiction unless taken at hearing.
127. Effect of variance or defect in proceedings.
Proof of Service of Process
128. Proof of service of process.
129. Proof of previous conviction.
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Appropriation of Penalties and
Seizures, etc.
130. Appropriation of penalties and seizures.
131. Dealing with forfeiture not pecuniary.
132. Remission by the Governor-General of penalties.
133. Effect of acquiescence in remission.
134. Payment of sum adjudged to be paid by order by person
imprisoned in default of payment.
135. Keeping account of moneys received.
136. Taking of recognisance.
137. Magistrate may disallow payment to an informer.
Records
138. Record book of proceedings.
139. Register of minutes of orders.
140. Custody of records.
_________
SCHEDULE
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CHAPTER 99
Ch. 24,
R.L., 1958.
SUMMARY JURISDICTION (PROCEDURE) CAP. 100,
R.E. 1980-1990.
9 of 1965.
4 of 1967.
1 of 1969.
8 of 1970.
15 of 1971.
28 of 1971.
[9th May, 1953] 3 of 1978.
30 of 1985.
22 of 1987.
21 of 1991.
18 of 1998.
1. This Act may be cited as the Summary Jurisdiction (Procedure) Act. Short title.
Preliminary
2. In this Act, unless the context otherwise requires:- Interpretation.
“adult” means a person who, in the opinion of the court, is of the age of
sixteen years or upwards;
“child” means a person who, in the opinion of the court, is under the age of
fourteen years;
“clerk” means the clerk of the court;
“complainant” includes any informant or prosecutor in any case relating to a
summary conviction offence;
“complaint” includes any information or charge relating to a summary
conviction offence;
“court” means a summary jurisdiction court established under the Inferior CAP. 94.
Courts Act;
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CAP. 101. “crime” means an offence punishable on indictment under the Criminal Code
or under any other Act or law;
“defendant” means any person against whom a complaint is made;
“keeper”, when used in relation to a prison, includes the superintendent or
other chief resident officer of the prison;
“order” includes any conviction in respect of a summary conviction offence;
“penalty” includes any pecuniary fine, forfeiture or compensation
recoverable or payable under an order;
CAP. 94. “prescribed” means prescribed by rules made under the Inferior Courts Act;
“prison” includes any lock-up house, police-cell or other duly authorised
place of detention for persons in custody;
“sum of money adjudged to be paid by an order” includes any costs, or
costs and compensation, or costs and damages, adjudged to be paid by the
order, of which the amount is fixed by the order;
“town” includes any town established under, and pursuant to, any Act;
“young person” means a person who is fourteen years of age or upwards
but under the age of sixteen years.
Application of 3.-(1) Unless the contrary is expressly provided by any statute relating
the Act thereto, the provisions of this Act shall extend and apply to all proceedings
which may be taken before or after the commencement of this Act in
respect of summary conviction offences, whether those offences are
constituted before, or at the time of, or after, the commencement of this Act.
(2) Every offence created by any Act or other law with respect to
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which it is directed that the offender shall be liable on conviction summarily,
or on summary conviction, or under the Summary Jurisdiction Acts, to any
punishment or penalty, shall be a summary conviction offence within the
meaning of this section.
PART I
General Provisions
4. Where an act which, if done wholly within the jurisdiction of a court, Acts done partly
would be a summary conviction offence cognisable in that court, is done within and partly
beyond court’s
partly within and partly beyond that court’s jurisdiction, every person who,
jurisdiction.
within the jurisdiction, does or abets any part of that act shall be liable to be
proceeded against and convicted and punished for the offence in the same
manner as if the act had been done wholly within the jurisdiction.
5. Where any person is charged with an offence under the Summary Presumption of
Jurisdiction (Offences) Act, or under any other statute for the time being in age of child.
force, in respect of a child or young person who is alleged in the complaint to CAP. 98.
be under any specified age, and the child or young person appears to the
court to be under that age, the child or young person shall, for the purposes
of the said Act or of that other statute, be deemed to be under that age,
unless the contrary is proved.
6. Nothing in the Summary Jurisdiction (Offences) Act, shall be Saving of right
construed to take away or affect the right of the parent, teacher or other of punishment.
person having the lawful control or charge of a child or young person to CAP. 98.
administer punishment to him.
7. Nothing in the Summary Jurisdiction (Offences) Act, shall be Saving of
construed to affect the criminal jurisdiction of the Supreme Court. jurisdiction of
the Supreme
Court.
CAP. 98.
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Savings of 8. Nothing in the Summary Jurisdiction (Offences) Act, shall be
offences construed to take away or affect the jurisdiction of a magistrate or justice of
constituted by the peace in respect of offences constituted by any other statute for the time
other statutes.
CAP. 98.
being in force and not specified in that Act.
Restrictions of 9. Nothing in the Summary Jurisdiction (Offences) Act shall authorise a
jurisdiction in court to hear and determine any complaint for a summary conviction
respect of
questions of title
offence-
or insolvency.
CAP. 98. (a) in which any question in good faith arises as to the title
to any real property or any interest therein or accruing
therefrom; or
(b) arising out of any execution under the process of the
Supreme Court.
PART II
Punishments
Punishments 10. The following punishments may be inflicted by a court in respect of
under the Act. summary conviction offences-
20 of 1978. (a) penalty;
(b) payment of compensation for injury done; and
(c) imprisonment.
Infliction of less 11. Except where otherwise provided by any Act, a court may in its
penalty. discretion adjudge any person convicted before it of a summary conviction
offence punishable by a penalty to suffer any less penalty than that
prescribed by the Act constituting the offence.
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12. The court may, in its discretion, on the application of the complainant, Award of
adjudge any person convicted before it of a summary conviction offence to compensation to
person injured.
make compensation, not exceeding one thousand dollars, to any person
30 of 1985.
injured by the commission of the offence, and any compensation so awarded
shall be regarded and dealt with in all respects as if it were recovered on a
judgment of a district court under the District Courts (Procedure) Act. CAP. 97.
13. Where any person injured by the commission of a summary convic- Effect of
tion offence accepts compensation for the injury under the order of a court, payment of
compensation.
the acceptance of that compensation shall be a bar to any action for the same
injury but, subject to the provisions of this section, no conviction shall other-
wise affect the right of action of any person for damages arising from any
injury to his person or property caused by the commission of a summary
conviction offence.
14. Where any person is convicted of a summary conviction offence Reduction of
punishable by imprisonment under any Act, the court may, in its discretion, term of
adjudge him to undergo any less term of imprisonment than the term pres- imprisonment.
cribed by that Act for the offence.
15.-(1) Where a court adjudges any person to undergo a term of Consecutive
imprisonment for a summary conviction offence, and he is already sentences of
undergoing, or has been at the same sitting of that court adjudged to imprisonment.
undergo, imprisonment for another offence, the court may direct that that
imprisonment shall commence at the expiration of the imprisonment which he
is then undergoing, or has been so previously adjudged to undergo as
aforesaid.
(2) In this section the expression “imprisonment” includes
imprisonment imposed by a court on any person with or without the option of
a fine, or in respect of the non-payment of any sum of money or for failing to
do or abstaining from doing any act or thing required to be done or left
undone.
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PART III
Abetment and Attempt
Abetment of 16. A person who aids, abets, counsels, causes or procures the
summary commission of any summary conviction offence shall be liable to be
conviction proceeded against and convicted for that offence, either together with the
offence.
principal offender or before or after his conviction, and shall be liable, on
conviction, to the same punishment as that to which the principal offender is
liable by law.
Attempt and 17. Subject to the express provisions of any statute for the time being in
incitement to force in that behalf, every person who attempts to commit, or incites any
commit summary other person to commit, any summary conviction offence shall on conviction
conviction
offence.
thereof be liable to one-half of the punishment prescribed for that offence by
the statute creating it.
PART IV
Institution of Proceedings
Making of Complaint
Mode of 18. Every proceeding in a court for the obtaining of an order against any
instituting person in respect of a summary conviction offence shall be instituted by a
proceeding.
complaint made before the magistrate of the court.
General right of 19. Any person may make a complaint against any other person
making complaint. committing a summary conviction offence unless it appears from the statute
on which the complaint is founded that a complaint for that offence shall be
made only by a particular person or class of persons.
Limitation of 20. In every case where no time is specially limited for making a
complaint. complaint for a summary conviction offence in any statute relating to that
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offence, the complaint shall be made within six months from the time when
the matter of the complaint arose, and not after.
21.-(1) No complaint need be in writing, unless it is required to be so by the Form and
statute on which it is founded or by some other statute, but if a complaint is requisites of
complaint.
not made in writing, the clerk shall reduce it into writing.
(2) Subject to the provisions of section 29 every complaint may,
unless some statute otherwise requires, be made without any oath being
made of the truth thereof.
(3) A complaint may be made by the complainant in person, or by his
attorney-at-law, or by any person authorised in writing in that behalf, and
shall be for one offence only.
(4) Every complaint, information, summons, warrant or other
document laid, issued or made for the purpose of or in connection with any
proceedings before a court of summary jurisdiction for an offence shall be
sufficient if it contains a statement of the specific offence with which the
accused person is charged together with such particulars as may be
necessary for giving reasonable information as to the nature of the charge.
(5) The statement of the offence shall describe the offence shortly in
ordinary language, avoiding as far as possible the use of technical terms, and
without necessarily stating all the essential elements of the offence, and if the
offence charged is one created by statute, shall contain a reference to the
section of the statute creating the offence.
(6) After the statement of the offence, necessary particulars of the
offence shall be set out in ordinary language, in which the use of technical
terms shall not be required.
(7) Any information, complaint, summons, warrant or other document
to which this section applies which is in such form as would have been
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sufficient in law if this Act had not passed shall, notwithstanding anything in
this section, continue to be sufficient in law.
Statement of 22. Any exception, exemption, proviso, condition, excuse or
exception. qualification, whether it does or does not accompany in the same section the
description of the offence in the statute creating an offence, may be proved
by the defendant, but need not be specified or negatived in the complaint
and, if so specified or negatived, no proof in relation to the matter so
specified or negatived shall be required on the part of the complainant.
Search Warrant
Issue of search 23.-(1) Any magistrate who is satisfied, by proof upon oath, that there is
warrant and reasonable ground for believing that there is, in any building, ship, vehicle,
proceedings
aircraft, box, receptacle or place-
thereunder.
(a) any thing upon, or in respect of which, any summary
conviction offence has been or is suspected to have
been committed for which, according to any statute for
the time being in force, the offender may be arrested
without warrant; or
(b) any thing which there is reasonable ground for believing
will afford evidence as to the commission of a summary
conviction offence; or
(c) any thing which there is reasonable ground for believing
is intended to be used for the purpose of committing
any offence against the person punishable on summary
conviction, for which, according to any statute for the
time being in force, the offender may be arrested
without warrant,
may at any time issue a warrant under his hand, authorising any police
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officer named therein to search the building, ship, vehicle, aircraft, box,
receptacle or place for any of those things, and to seize and take it before the
magistrate issuing the warrant or some other magistrate, to be by him dealt
with according to law.
(2) Every search warrant may be issued and executed on a Sunday,
and shall be executed between the hours of five o’clock in the morning and
eight o’clock at night, but the magistrate, in his discretion, may, by the
warrant, authorise the police officer to execute it at any hour.
(3) When the thing is seized and brought before any magistrate, he
may detain it, or cause it to be detained, taking reasonable care that it is
preserved until the conclusion of the matter.
(4) If any appeal is brought, he may order it further to be detained for
the purpose of or pending the appeal, but if no appeal is brought, the
magistrate shall direct it to be restored to the person from whom it was
taken, except in the cases mentioned in subsections (5), (6) and (7) unless he
is authorised or required by law to dispose of it otherwise.
(5) If under the warrant there is brought before a magistrate any
forged bank-note, bank-note paper, instrument or other thing, the possession
of which, in the absence of lawful excuse, is an indictable offence according
to any statute for the time being in force, the magistrate may direct that thing
to be detained for production in evidence or to be otherwise dealt with as the
case requires.
(6) If under the warrant there is brought before a magistate any
counterfeit coin or other thing, the possession of which, with knowledge of its
nature and without lawful excuse, is a summary conviction offence or an
indictable offence according to any statute for the time being in force, that
thing shall be delivered up to the Minister of Finance, or to any person
authorised by him to receive it, as soon as it has been produced in evidence,
or as soon as it appears that it will not be required to be so produced.
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(7) If the thing to be searched for is gunpowder, or any other
explosive or dangerous or noxious substance or thing, the person making
the search shall have the same powers and protection as are given by any
statute for the time being in force to any person lawfully authorised to search
for the thing, and the thing itself shall be disposed of in the same manner as
directed by that statute or, in default of direction, as ordered by the Minister
responsible for firearms.
Search without Warrant
Searching 24. It shall be lawful for any police officer, and for all persons whom he
licensed places. calls to his assistance, to enter without warrant into any house licensed for
the sale by retail of fermented or spirituous liquors, and to search therein for
offenders and otherwise perform their duty, using as little annoyance to the
inmates thereof as possible.
Enforcing Appearance of Defendant
Issue of summons 25.-(1) Whenever a complaint is made before a magistrate that any person
to defendant. has committed, or is suspected to have committed, any summary conviction
offence within his jurisdiction, the magistrate may issue his summons
directed to that person, stating concisely the substance of the complaint, and
requiring him to appear at a certain time not less than forty-eight hours after
the service of the summons and at a certain place, before the court of the
magistrate to answer the complaint, and to be further dealt with according to
law, but the court may, if it thinks fit, with the consent of the parties, hear
and determine a complaint notwithstanding that the period of forty-eight
hours may not have elapsed.
(2) Nothing in this section shall oblige any magistrate to issue the
summons in any case where the application for an order may by law be
made ex parte.
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26.-(1) Where two or more complaints are laid under this or any other Act Issue of single
for summary conviction offences against the same person or persons, a single summons on
more than one
summons may be issued against that person or each of those persons in
information.
respect of all the complaints, however the matter of each complaint shall be
separately stated in the summons.
(2) Any summons issued under this section shall be treated for the
purpose of this Act as if it were a separate summons in respect of each
complaint.
27. The summons shall be served by a police officer upon the defendant Service of
either by delivering it to him personally or, if he cannot with the exercise of summons on
defendant.
reasonable diligence be encountered, by leaving it with some person for him
at his last or most usual place of abode.
28.-(1) If the defendant does not appear before the court at the time and Hearing ex parte,
place mentioned in the summons, then, after proof upon oath, to the or issue of
warrant, on non-
satisfaction of the court, that the summons was duly appearance of
served or that the defendant wilfully avoids service, the court may, in its defendant.
discretion-
(a) unless the statute on which the complaint is founded
otherwise directs, proceed ex parte to the hearing of the
complaint, and adjudicate thereon as fully and effectually
to all intents and purposes as if the defendant had
personally appeared before it in obedience to the
summons; or
(b) adjourn the hearing to some future day; or
(c) on oath being made by or on behalf of the complainant
substantiating the matter of the complaint to the
satisfaction of the court, issue a warrant to apprehend
the person so summoned or avoiding service, and to
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bring him before the court to answer the complaint, and
to be further dealt with according to law.
(2) The court may, if it thinks fit, permit a defendant to appear by an
attorney-at-law, and may at any time withdraw the permission after it has
been given.
Issue of warrant 29. On a complaint in writing and upon oath being made before a
for defendant in magistrate for any summary conviction offence, the magistrate may, on good
first instance.
cause being shown to him for so doing, and on oath being made before him
substantiating the matter of the complaint to his satisfaction, instead of
issuing a summons, issue in the first instance a warrant to apprehend the
person against whom the complaint has been made and to bring him before
the court of the magistrate to answer the complaint, and to be further dealt
with according to law.
PART V
Witnesses
Enforcing attendance of witness
Issue of summons 30. If, either before or on the hearing of any complaint, it appears to the
for witness. magistrate, on the statement of the complainant or of the defendant or
otherwise, that any person is likely to give material evidence for the
complainant or for the defendant, the magistrate may issue a summons to
that person, requiring him to attend, at a time and place to be mentioned
therein, before the court of the magistrate to give evidence respecting the
case, and to produce to the court books, plans, papers, documents, articles
and things which are in his possession, power or control, and likely to be
material evidence on the hearing of the complaint.
Service of 31. The summons shall be served by a police officer upon the person to
summons on whom it is directed, either by delivering it to him personally or, if he cannot
witness.
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with the exercise of reasonable diligence be encountered, by leaving it with
some person for him at his last or most usual place of abode.
32. If the person to whom the summons is directed does not attend Warrant for
before the court at the time and place mentioned therein, and no reasonable witness after
summons.
excuse is offered for his non-attendance then, after proof upon oath to the
satisfaction of the court that the summons was duly served or that the person
to whom the summons is directed wilfully avoids service, the court, being
satisfied by proof upon oath that he is likely to give material evidence and
that a reasonable sum was paid or tendered or was ready to be paid or
tendered to him for his expenses in that behalf, may issue a warrant to
apprehend and bring him, at a time and place to be mentioned in the warrant,
before the court in order to testify before such court.
33. If the magistrate is satisfied by proof upon oath that any person likely Issue of warrant
to give material evidence, either for the complainant or for the defendant, will for witness in
first instance.
not attend to give evidence without being compelled to do so then, instead of
issuing a summons, he may issue a warrant in the first instance for the
apprehension of that person.
34.-(1) Every witness arrested under a warrant issued in the first instance Dealing with
shall, if the hearing of the cause for which his evidence is required is witness arrested
appointed for a time which is more than twenty-four hours after the arrest, be under warrant.
taken before a magistrate, and the magistrate may, on his furnishing security
by recognisance to the satisfaction of the magistrate for his appearance at the
hearing, order him to be released from custody, or shall, on his failing to
furnish the security, order him to be detained for production at the hearing.
(2) A witness arrested or detained under this section shall not be kept
in the same room or place as the defendant, if the defendant is in custody.
35. Every witness who is present when the hearing or the further hearing Non-attendance
of a cause is adjourned, or who has been duly notified of the time and place of witness on
to which the hearing or further hearing is so adjourned, shall be bound to adjourned
hearing.
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attend at that time and place and, in default of so doing, may be dealt with in
the same manner as if he had failed to attend the court in obedience to a
summons to attend and give evidence.
Refractory Witness
Dealing with 36.-(1) Where any person, attending either in obedience to a summons, or
witness refusing by virtue of a warrant, or being present in a court and being orally required
to be sworn or
by the court to give evidence in any cause-
give evidence.
(a) refuses to be sworn as a witness; or
(b) having been so sworn, refuses to answer any question
put to him by or with the sanction of the court; or
(c) refuses or neglects to produce any document which he
is required by the court to produce,
without offering any sufficient excuse for his refusal or neglect, the court
may, if it thinks fit, adjourn the hearing of the cause for any period not
exceeding eight days, and may in the meantime, by warrant, commit the
person to prison, unless he sooner consents to do what is required of him.
(2) If the person, on being brought before the court at or before the
adjourned hearing, again refuses to do what is so required of him, the court
may, if it thinks fit, again adjourn the hearing of the cause, and commit him
for the like period, and so again from time to time until he consents to do
what is so required of him.
(3) Nothing in this section shall affect the liability of the person to any
other punishment or proceeding for refusing or neglecting to do what is so
required of him, or shall prevent the court from disposing of the matter in the
meantime, according to any other sufficient evidence taken by it.
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PART VI
Hearing and Order
Hearing of Complaint
37.-(1) On the day and at the place mentioned in the summons or on and at Time and place
which the defendant is brought before a court or to and at which the case is of hearing.
adjourned, as the case may be, the cause with respect to which the complaint
has been made shall be called for hearing in the court.
(2) The room or place in which a court is held for the purposes of the
hearing shall be deemed an open and public court, to which the public
generally may have access, so far as it can conveniently contain them.
38. Both the complainant and the defendant shall be entitled to conduct Conduct of case.
their respective cases in person or by an attorney-at-law or (without 21 of 1991.
prejudice to section 17 of the Police Act) by any other fit and proper person CAP. 138.
designated by the Director of Public Prosecutions in writing to conduct
prosecutions.
39. If, when the cause is called, the defendant appears voluntarily in Non-appearance
obedience to the summons, or is brought before the court under a warrant, of complainant
and the complainant, having had due notice of the time and place of hearing,
which shall be proved to the satisfaction of the court, does not appear in
person or by an attorney-at-law, the court shall dismiss the complaint, unless
the court, having received a reasonable excuse for the non-appearance of the
complainant, or for other sufficient reason, thinks fit to adjourn the hearing
thereof to some future day, upon such terms as the court thinks just.
40.-(1) If, when the cause is called, the defendant does not appear, the court Non-appearance
may, if it comes within the provisions of section 28, proceed as therein of defendant.
directed.
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(2) If service of the summons is not proved to the satisfaction of the
court, or if a warrant is issued for the apprehension of the defendant, the
court may adjourn the hearing of the cause to some future day, in order that
proper service may be effected or, as may be, until the defendant is
apprehended.
(3) If the defendant is afterwards apprehended on a warrant as
mentioned in subsection (2), he shall be brought before the magistrate, who
shall thereupon commit him by warrant to prison or to other safe custody as
he thinks fit, and order him to be brought at a certain time and place before
the court, and of that time and place the complainant shall, by direction of
the magistrate, be served with due notice.
Guilty plea by 41.-(1) Notwithstanding any other provisions of this Act, if in the case of
post. Procedure any offence specified in the Schedule the defendant pleads guilty by letter
thereon.
Schedule.
addressed to the clerk of the court, the court may in its discretion in lieu of
any other proceedings enter a plea of guilty and deal with the case in the like
28 of 1971. manner, including the reading in open court of the letter containing the plea,
mutatis mutandis as if the defendant had appeared before the court in
person and said that he was guilty.
(2) The court shall not impose in respect of any offence dealt with
under this section a fine exceeding fifty dollars or the maximum amount of
fine provided for by law (whichever be the lesser) or any term of
imprisonment.
(3) In every case in which the procedure prescribed by subsection
(1) is applicable the summons shall contain the following-
(a) a provision that the defendant shall not be required to
appear to answer the said complaint before the court
before a certain date and time not less than fourteen
days after the service of the summons;
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(b) a footnote or endorsement as follows-
“By virtue of section 41 (1) of the Summary
Jurisdiction (Procedure) Act (Chapter 99 of the Revised
Laws) a court may in its discretion accept a plea of
guilty in a letter addressed to the clerk of the court and
may thereupon impose such penalty as the law provides
for the offence to which the defendant has pleaded guilty
but shall not impose a fine exceeding fifty dollars or the
maximum amount of fine provided for by law (whichever
be the lesser) or any term of imprisonment in respect of
any such offence. If the defendant decides to take this
course he may if he chooses, mention in such letter any
facts -which he thinks mitigate the offence. The court
has a complete discretion as to whether the defendant
should be required to attend and plead personally and if
the statement of facts (if any) in mitigation is disputed by
the prosecution at the hearing of the summons this may
lead to the personal appearance of the defendant being
required.”
(4) The Attorney General may by Order published in the Gazette
amend the said Schedule, and the said Order shall be subject to the negative
resolution of both Houses of the National Assembly.
(5) This section shall have no application in the case of any defendant
who is a child or young person or who is reasonably believed to be under the
age of sixteen years at the date of the service of the summons.
42. If, when the cause is called, neither the complainant nor the defendant Non-appearance
of both parties.
appears, the court shall make such order as the justice of the case requires.
43. If, when the cause is called, both the complainant and the defendant Appearance of
appear, the court shall proceed to hear and determine the complaint. both parties.
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Hearing. 44.-(1) At the commencement of the hearing, the court shall state to the
defendant the substance of the complaint and ask him whether he is guilty or
not guilty.
(2) If the defendant says that he is guilty and shows no cause, or no
sufficient cause, why an order should not be made against him, the court
shall make such order against him as the justice of the case requires.
(3) If the defendant says that he is not guilty, the witnesses on both
sides shall, unless the court in any instance otherwise expressly orders, be
called and placed out of court and out of hearing under the charge of the
proper officer of the court or of some other person appointed by the court
for that purpose.
(4) The court shall then proceed to hear the complainant and any
witnesses he examines, and any other evidence he adduces in support of his
complaint, and also to hear the defendant and any witnesses he examines,
and any other evidence he adduces in his defence, and also, if the court
thinks fit, to hear any witnesses the complainant examines in reply, if the
defendant has examined any witnesses or given any evidence.
(5) The magistrate shall in every case take notes in writing of the
evidence, or of so much thereof as is material, in a book to be kept for that
purpose, and the book shall be signed by the magistrate at the conclusion of
each day’s proceeding:
Provided that, if the magistrate is from any cause unable to take the
notes, they may be taken by the clerk under his direction.
Cross-complaints. 45. Where two or more complaints appear to arise out of the same
18 of 1998. circumstances the court may, if it thinks fit, hear and determine the
complaints at one and the same time.
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46.-(l) The complainant shall be entitled to address the court at the Addresses.
commencement of his case and the defendant shall be entitled to address the
court at the commencement or the conclusion of his case, as he thinks fit.
(2) If the defendant has examined any witnesses or given any
evidence, the magistrate may allow the complainant to reply on the
conclusion of the cause.
47.-(l) At any time before or during the hearing of a complaint the court may, Adjournment
in its discretion, adjourn the hearing to a certain time and place to be then and proceeding
thereon.
appointed and stated in the presence and hearing of the party or parties, or
his or their respective attorney-at-law, or in the absence of a defendant, if it is
proved to the satisfaction of the court that the defendant is unable to appear
by reason of illness or any other unavoidable cause.
(2) Upon the adjournment, the court may-
(a) suffer the defendant to go at large; or
(b) commit him to prison or to other safe custody as the
court thinks fit, but no committal under this paragraph
shall be for a longer term than eight days, the day
following that on which the committal is made being
counted as the first day; or
(c) discharge him upon his entering into a recognisance, with
or without a surety or sureties to the satisfaction of the
magistrate, conditioned for his appearance at the time
and place to which the hearing or further hearing is so
adjourned.
(3) If, at the time and place to which the hearing or further hearing is
so adjourned, either or both of the parties does not or do not appear, the
court may proceed to the hearing or further hearing as if the party or parties
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were present or, if the complainant does not appear, the court may dismiss
the complaint.
(4) The power to adjourn the hearing of a case, includes power, after
a person has been convicted and before he has been sentenced or
otherwise dealt with, to adjourn the case for the purpose of enabling
inquiries to be made or of determining the most suitable method of dealing
with his case.
(5) The court shall not for the purpose specified in subsection (4)
adjourn the hearing of a case under this section for any single period
exceeding three weeks.
Order for Taking of Prints
Taking of prints 48.-(1) Where any person not less than fourteen years of age who has been
by order of the taken into custody is charged with an offence before a court, the court may,
court.
if it thinks fit, on the application of a police officer not below the rank of
15 of 1971. assistant inspector, order that the prints of that person be taken by a police
4 of 1967. officer or other person named in the order.
(2) Prints taken in pursuance of an order made under this section
shall be taken either at the court or, if the person to whom the order relates
is remanded in custody, at any place to which he is committed, and a police
officer or other person named in such order may use such reasonable force
as may be necessary for that purpose.
(3) The provisions of this section shall be in addition to the provisions
of any other enactment under which the prints of any person may be taken.
(4) Where the prints of any person have been taken in pursuance of
an order made under this section, then if the complaint against him is
dismissed, the prints and all copies and records shall be destroyed.
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(5) For the purposes of this section the expression “prints” shall
include fingerprint, thumb print, palm print and sole print impressions.
Transfer of Cause
49.-(1) If on the hearing of any complaint it appears that the ground of Transfer of
cause where
complaint arose beyond the limits of the jurisdiction of the court before which ground of
the complaint has been made, the court may, on being satisfied that it has no complaint has
jurisdiction, direct the matter to be transferred to the court having jurisdiction arisen out of
where the ground of complaint arose. jurisdiction of
the court.
(2) If the defendant is in custody and the magistrate directing the
transfer thinks it expedient that the custody should be continued or, if he is
not in custody, that he should be placed in custody, the magistrate shall direct
him to be taken by a police officer before the magistrate having jurisdiction
where the cause of the complaint arose, and shall give a warrant for that
purpose to the police officer, and deliver to him the complaint and
recognisance, if any, taken by the magistrate under the provisions of this Act,
to be delivered to the magistrate before whom the defendant is to be taken,
and the complaint and recognisance, if any, shall be treated to all intents and
purposes as if they had been taken by the last-mentioned magistrate.
(3) If the defendant is not continued or placed in custody, the
magistrate shall inform the defendant that he has directed the transfer of the
matter as aforesaid, and thereupon the provisions of subsection (2),
respecting the transmission and use of the documents in the matter, shall
apply.
50.(1) Where, on the holding of any preliminary inquiry on a charge of any Reduction of
charge from
crime the magistrate is of opinion that the evidence establishes, or appears
indictable to
likely to establish, the commission of a summary conviction offence of a like summary
kind to the offence charged, or an abetment of, or an attempt or incitement to conviction
commit, that summary conviction offence, the magistrate may, if he thinks fit, offence.
inform the accused person accordingly, and all further proceedings in the
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matter thereafter shall be the same as if a complaint had been made against
the person for the latter offence or abetment, attempt or incitement.
(2) Where the magistrate decides to deal with the case under
subsection (1) all witnesses already examined shall be recalled for cross-
examination or further cross-examination, if the defendant so desires.
Where charge 51. If on the hearing of a complaint it appears to the court that the cause
appears to be one ought to be tried on indictment before the Supreme Court, or if the Director
proper for
of Public Prosecutions intimates to the court his opinion in writing to that
indictment.
effect, all further proceedings in the cause as for a summary conviction
1 of 1969. offence shall be stayed, and depositions shall be taken, and the cause shall
in all other respects be dealt with as if the charge had been originally one for
a crime.
Making of Order
Time of decision 52.-(1) The court shall at the conclusion of the hearing or within six weeks
and order. thereafter at a subsequent sitting give its decision in the cause, either by
dismissing the complaint or by making such order against the defendant as
the justice of the case requires.
(2) Where before pronouncing the decision of the court the
magistrate ceases to exercise jurisdiction in the judicial district or to hold
office, it shall be lawful for him, within six weeks of the conclusion of the
hearing, to lodge his written decision with the clerk, who shall read it in open
court at the earliest opportunity after notice to the parties and the decision
when read shall be the decision of the court.
(3) If the complaint is dismissed on the merits, the court shall, upon
being required by or on behalf of the defendant at any time within six months
after the dismissal, make a formal order of dismissal and give to the
defendant a certificate thereof, and the certificate shall upon production be
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without further proof a bar to any subsequent complaint for the same matter
against the defendant.
(4) If an order is made against the defendant, a concise minute or
memorandum thereof shall be forthwith entered in a book to be kept for that
purpose and, if necessary, an order in proper form may be drawn up at any
time thereafter.
(5) If a defendant against whom an order is made desires to have the
order in his case formally drawn up he may, at any time within five days from
the date of adjudication, require the magistrate to do so, and thereupon it
shall be the duty of the magistrate, within two days from the date of his being
so required, formally to draw up the order, and the defendant shall be entitled
to have a copy thereof without any fee being charged for the copy.
53. Where by any statute the court is empowered to impose a penalty Imprisonment in
for a summary conviction offence, it may, in the absence of express provision default of
payment of
to the contrary in the same or any other statute, order a defendant who is
penalty.
convicted of the offence, in default of payment of the sum of money adjudged
to be paid by the order, either forthwith, or at the times specified in the order,
as the case may be, to be imprisoned in accordance with the scale set forth in
section 55.
54. Wiere a person is convicted of any summary conviction offence for Power to impose
which the court, under any Act or other enactment for the time being in force, a fine in lieu of
imprisonment.
has authority to impose imprisonment and has not authority to impose a fine,
the court, notwithstanding the provisions of any such Act or other enactment,
may, if it thinks that the justice of the case will be better met by a fine than by
imprisonment, impose on the offender a fine not exceeding two hundred and
fifty dollars, and not being of such amount as will, under the provisions of this
Act, subject the offender in default of payment of the fine to any greater term
of imprisonment than that to which he is liable under the Act or other
enactment authorising the imprisonment as aforesaid.
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Scale of imprison- 55. Subject in every case to the provisions of the statute on which the
ment for non- order is founded, the period of imprisonment, which is imposed by the court
payment of
in respect of non-payment of any sum of money adjudged to be paid by an
money adjudged
to be paid by order shall be that period which, in the opinion of the court, will satisfy the
order. justice of the case, that is to say, a period not exceeding that mentioned in
the second column of the following scale in respect of the sum of money
mentioned in the first column:
First column Second column
Where the sum of money adjudged to be
paid by an order-
does not exceed $2.50 ................................................seven days;
exceeds $2.50 but does not exceed $5.00....................fourteen days;
exceeds $5.00 but does not exceed $25.00..................one month;
exceeds $25.00 but does not exceed $125.00..............two months;
exceeds $125.00 but does not exceed $250.00............three months;
exceeds $250.00..........................................................six months.
Full offence 56.-(1) Where the complete commission of the offence charged is not
charged - attempt proved, but the evidence establishes an attempt to commit the offence, the
proved.
defendant may be convicted of the attempt, and punished accordingly.
(2) After a conviction for the attempt under subsection (1), the
defendant shall not be liable to be prosecuted again for the offence which he
was charged with committing.
Attempt charged - 57.-(1) Where an attempt to commit an offence is charged, but the evidence
full offence establishes the commission of the full offence, the defendant shall not be
proved.
entitled to have the complaint dismissed, but he may be convicted of the
attempt and punished accordingly.
(2) After a conviction for the attempt under subsection (1), the
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defendant shall not be liable to be prosecuted again for the offence which he
was charged with attempting to commit.
58. Every complaint shall be deemed divisible, and if the commission of Full offence
the offence charged, as described in the statute creating the offence, or as charged - part
charged in the complaint, includes the commission of any other offence, the proved.
defendant may be convicted of any offence so included which is proved,
although the whole offence charged is not proved, or he may be convicted of
an attempt to commit any offence so included.
59. If on the hearing of any complaint it appears to the court that, Discharging
although the complaint is proved, the offence was, in the particular defendant
without
circumstances of the case, of so trifling a nature that it is inexpedient to inflict
punishment.
any punishment, or any other than a nominal punishment-
(a) the court may, without proceeding to a conviction,
dismiss the complaint and, if it thinks fit, order the
defendant to pay such damages, not exceeding twenty-
five dollars, and such costs of the proceedings, or either
of them, as the court thinks reasonable, and the
damages shall be payable to the person directed by the
court; or
(b) the court may, upon convicting the defendant, discharge
him conditionally on his giving security, with or without a
surety or sureties to the satisfaction of the court, to
appear for sentence when called upon or to be of good
behaviour, and either without payment of damages and
costs, or subject to the payment of damages and costs,
or either of them, which the court thinks reasonable.
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Costs and Compensation
Order for costs 60.-(1) In every case where the complaint is dismissed, the court may order
and compen- that the complainant shall pay to the defendant the costs which the court
sation.
thinks just and reasonable and if the court is of opinion that the complaint
was frivolous or vexatious, it may also order the complainant to pay to the
defendant a reasonable sum, not exceeding ten dollars, as compensation for
any trouble and expense to which the defendant has been put by reason of
that complaint, in addition to his costs.
(2) Wherever an order is made against the defendant, the court may
order that the defendant shall pay to the complainant such costs, and shall
also, subject to the provisions of any Act in that behalf, pay to the
complainant or any other person such compensation as the court thinks just
and reasonable.
This section shall not affect the procedure of the court under any
statute making express provision with respect to that compensation.
(3) An order for payment of costs made against a defendant may
include any costs of, and attendant upon, his apprehension.
(4) An order for payment of costs shall not include any fees to an
attorney-at-law.
(5) Any sum so allowed for costs, or for costs and compensation,
shall in every case be specified in the order of dismissal or order, as the case
may be, and payment thereof may be enforced in the same manner as
payment of a penalty.
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PART VII
Enforcement of Order
61.-(1) The court by whose order any sum of money is adjudged to be paid Powers of the
may, if it thinks fit, do all or any of the following things, namely- court as to mode
of payment of
money adjudged
(a) allow time for payment of the sum; or to be paid by
order.
(b) direct payment of the sum to be made by instalments; or
(c) direct that the person liable to pay the sum shall be at
liberty to give to the satisfaction of the court security,
either with or without a surety or sureties, for the
payment thereof or of any instalment thereof.
(2) Where a sum of money is directed to be paid by instalments and
default is made in the payment of any one instalment, the same proceedings
may be taken as if default had been made in the payment of all the
instalments then remaining unpaid.
62. Where time has been allowed for the payment of a sum adjudged to Allowance of
be paid by a conviction or order of a court, further time may, subject to the further time.
provisions of this Act, on an application by or on behalf of the offender, be
allowed by the court, or the court may, subject as aforesaid, direct payment
by instalments of the sum so adjudged to be paid.
63. The court may accept a deposit of money from or on account of any Deposit of
person in lieu of surety or sureties and, on any breach of the condition of his money in lieu of
surety.
recognisance, the deposit shall be forfeited and shall be dealt with in the
manner mentioned in section 130.
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Distress Warrant
Distress warrant. 64.-(1) Any sum of money adjudged to be paid by an order shall, if the
statute on which the order is founded so directs, but subject to the
provisions of subsections (2), (3) and (4) and may, in the discretion of the
court in other cases, be levied upon the goods and chattels of the defendant
by distress and sale thereof.
(2) In that case the court shall, but subject as aforesaid, or may, as
the case may be, issue its warrant of distress for the purpose of levying the
sum, and the warrant shall be in writing and shall be signed by the magistrate
of the court.
(3) A court may, if, when application is made to it to issue a distress
warrant, it appears-
(a) that the defendant has no personal property whereon to
levy the distress; or
(b) that in the event of a distress warrant being issued his
goods and chattels will be insufficient to satisfy the sum
of money adjudged to be paid by the order; or
(c) that the levy of the distress will be more injurious to him
or his family than imprisonment,
instead of issuing a distress warrant, order the defendant, on non-payment
of the sum, to be imprisoned for any term not exceeding the term prescribed
by section 55 in respect of a like sum in the scale of imprisonment in default
of payment of sums of money adjudged to be paid by orders.
(4) The wearing apparel and bedding of a person and his family, and
to the value of twenty-five dollars the tools and implements of his trade, shall
not be taken under a distress warrant issued by a court.
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65. Where a distress warrant is issued against the defendant, the court Commitment or
may either suffer the defendant to go at large or by a warrant in that behalf security until
order him to be kept and detained in safe custody until return has been made return made to
distress warrant.
to the warrant, unless the defendant gives sufficient security by recognisance
or otherwise to the satisfaction of the court, for his appearance before the
court at the time and place appointed for that return.
66. Where a distress warrant is issued against the defendant, and a return Imprisonment in
is made by the police officer charged with the execution of the warrant to the default of
distress.
effect that no sufficient goods and chattels of the defendant can be found
whereon to levy the distress, the court may order the defendant, on non-
payment of the sum of money adjudged to be paid by the order and all costs
and charges of the distress and of the commitment, to be imprisoned for any
term not exceeding the term prescribed by section 55 in respect of a like sum
in the scale of imprisonment in default of payment of sums of money
adjudged to be paid by orders.
67.-(1) The following provisions shall have effect with respect to the General
execution of distress warrants issued by the court, namely- provisions with
respect to
distress
(a) a distress warrant shall be executed by or under the warrants.
direction of a police officer;
(b) if the police officer charged with the execution of the
warrant is prevented from executing it by the fastening of
doors or otherwise, the magistrate may, by writing under
his hand indorsed on the warrant, authorise the police
officer to use the force necessary to enable him to
execute the warrant;
(c) except so far as the person upon whose goods and
chattels the distress is levied otherwise consents in
writing, the distress shall be sold at public auction, and
three days at least shall intervene between the making of
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the distress and the sale, but where consent in writing is
so given as aforesaid the sale may be made in
accordance with the consent;
(d) subject as aforesaid, the distress shall be sold within
the time fixed by the warrant, and if no time is so fixed
then within the period of fourteen days from the date of
the making of the distress, unless the sum for which the
warrant was issued, and also the charges of taking and
keeping the distress, are sooner paid.
(2) If any person charged with the execution of any distress warrant
wilfully retains from the proceeds of any property sold to satisfy the distress,
or otherwise exacts any greater costs or charges than those to which he is
for the time being entitled by law, or makes any improper charge, he shall on
conviction thereof, be liable to a fine not exceeding fifty dollars.
(3) Nothing contained in this subsection shall affect his liability to be
prosecuted and punished for extortion.
(4) A written account of the costs and charges incurred in respect of
the execution of any distress warrant shall as soon as practicable be
delivered by the police officer charged with the execution of the warrant to
the magistrate, and the person upon whose goods and chattels the distress
was levied may, at any time within one month after the making of the
distress, inspect the account without fee or reward at any time during office
hours, and take a copy thereof.
(5) A police officer charged with the execution of any distress
warrant shall sell the distress or cause it to be sold, and may deduct out of
the amount realised by the sale all costs and charges actually incurred in
effecting the sale, and shall pay to the magistrate, or to some person
specified by him, the remainder of that amount, in order that it may be
applied in payment of the sum for which the warrant was issued and of the
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proper costs and charges of the execution of the warrant, and any surplus
proceeds shall be paid to the person upon whose goods and chattels the
distress was levied.
68. Where any person against whom a distress warrant is issued pays or Payment of
tenders to the police officer having the execution of the warrant the sum or amount of
distress warrant.
sums therein mentioned or produces to him the receipt for them of the clerk,
and also pays the amount of the costs and charges of the distress up to the
time of that payment or tender, the police officer shall cease to execute the
warrant.
Commitment of Defendant
69. Wherever an order is made against any person for the payment of a sum Committal of
of money, and he is liable to be imprisoned for a certain term unless that sum defendant in
certain cases.
is sooner paid, the court may, if he does not pay the sum either forthwith or at
the time specified in the order for its payment, as the case may be, issue a
warrant of commitment, under the hand of the magistrate, requiring the police
officer to whom the warrant is directed to take and convey the person to
prison and there deliver him to the keeper, and requiring the keeper to
receive him into the prison and there to imprison him for the time directed and
appointed by the warrant of commitment, unless the sum of money adjudged
to be paid by the order, and also all other costs, charges and expenses are
sooner paid.
70.-(1) A warrant committing a person to prison in respect of non-payment Obligation to
allow time for
of a sum adjudged to be paid by an order of the court shall not be issued
payment of
forthwith unless the court which passed the sentence or made the order is penalties.
satisfied that he is possessed of sufficient means to enable him to pay the sum
forthwith or, unless upon being asked by the court whether he desires that
time should be allowed for payment, he does not express any such desire, or
fails to satisfy the court that he has a fixed abode within its jurisdiction, or
unless the court for any other special reason expressly directs that no time
shall be allowed.
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(2) In subsection (1) the expression “special reason” may include the
gravity of the offence, the character of the defendant or any special
circumstances.
(3) Where any such person desires to be allowed time for payment,
the court, in deciding what time ought to be allowed, shall consider any
representation made by him, but the time allowed shall not be less than
seven days.
(4) If before the expiration of the time allowed the person convicted
surrenders himself to a court having jurisdiction to issue a warrant of
commitment in respect of the non-payment of a sum adjudged to be paid,
aforesaid, and states that he prefers immediate committal to awaiting the
expiration of the time allowed, that court may if it thinks fit forthwith issue a
warrant committing him to prison.
(5) Where a person who has been allowed time for payment appears
to the court to be not less than sixteen or more than eighteen years of age,
the court may, if it thinks fit and subject to any provisions of this Act, order
that he be placed under the supervision of such person as may be appointed
by the court until the sum adjudged to be paid is paid.
(6) Where an order placing a person under supervision with respect
to a sum of money is in force, the court shall not issue a warrant committing
the offender to prison in respect of nonpayment of the sum, unless the court
has considered any report as to the conduct and means of the offender,
which may be made by the person under whose supervision the offender
has been placed.
(7) In all cases where time is not allowed for payment the reasons of
the court for the immediate committal shall be stated in the warrant of
commitment.
(8) Nothing in this section shall apply to any order made by a
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court for the maintenance of a wife or child or of any member of a family
whom the defendant is liable to support under any law or for the maintenance
of any child of his.
71. Where application is made to the court to issue a warrant for Postponing
committing a person to prison for non-payment of a sum of money adjudged issue of warrant
of commitment.
to be paid by an order, the court may, if it considers it expedient to do so,
postpone the issue of the warrant until the time and on the conditions, if any,
the court thinks just.
72.-(1) Where upon a conviction a court does not order the payment of any Where the
fine, but directs that the defendant be imprisoned for his offence, or where an conviction or
order directs
order is not for the payment of money but for the doing of some other act
imprisonment
and directs that in case of the defendant’s neglect or refusal to do such act he only.
be imprisoned, and the defendant neglects or refuses to do such act, then in
every such case any magistrate may issue a warrant of commitment under his
hand requiring the police officer or police officers to whom it is directed, to
take and convey such defendant to prison, and there to deliver him to the
keeper thereof, and also such keeper to receive the defendant into the prison
and there to imprison him for the time directed and appointed by the warrant
of commitment.
(2) In all such cases, where by such conviction or order any sum for
costs is adjudged to be paid by the defendant to the prosecutor or
complainant, such sum may, if the magistrate thinks fit, be levied by distress
warrant in manner aforesaid, and in default of distress the defendant may, if
the magistrate thinks fit, be committed to prison in manner aforesaid, there to
be imprisoned for a term not exceeding one month to commence at the
expiration of the term of imprisonment he is then undergoing, unless such sum
for costs, and all costs and charges of the said distress if the magistrate thinks
fit so to order, are sooner paid.
73. Where any person is brought by a police officer to any prison to be Commencement
imprisoned by virtue of a warrant of commitment, the police officer shall of imprisonment.
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indorse on the warrant the day on which the person was arrested by virtue
thereof and the imprisonment shall be computed from that day and inclusive
thereof.
Varying or dis- 74. Where any person has been committed to prison by the court for
charging of order default in finding a surety or sureties, the court may, on application made to
for sureties. it by that person or by someone acting on his behalf, inquire into the
person’s case and if, upon new evidence produced to the court or proof of
a change of circumstances, the court thinks, having regard to all the
circumstances of the case, that it is just to do so, the court may reduce the
amount for which it was ordered that the surety or sureties should be bound,
or dispense with the surety or sureties, or otherwise deal with the matter as
the court thinks just.
Right of person 75.-(1) Where a term of imprisonment is imposed by a court in respect of
imprisoned in the non-payment of any sum of money adjudged to be paid by an order of a
default to be
released on pay-
court, that term shall, on payment of a part of such sum to the clerk, be
ment of sum reduced by a number of days bearing as nearly as possible the same
adjudged to be proportion to the total number of days in the term as the sum paid bears to
paid. the sum adjudged to be paid.
(2) In reckoning the number of days by which any term of
imprisonment ought to be reduced under this section, the first day of
imprisonment shall not be taken into account, and that in reckoning the sum
which secures the reduction of a term of imprisonment fractions of a cent
shall be omitted.
(3) Where any person has been committed to prison by the court for
non-payment of any sum of money adjudged to be paid by an order, he may
pay or cause to be paid to the keeper of the prison the sum mentioned in the
warrant of commitment, together with the amount of the costs, charges and
expenses, if any, also mentioned therein, and the keeper shall receive those
moneys and thereupon discharge him, unless he is in custody for some other
matter.
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(4) Where any person has been committed to prison by the court for
non-payment of any sum of money adjudged to be paid by an order, then on
payment to the keeper of the prison of any sum in part satisfaction of the sum
so adjudged to be paid, the term of imprisonment shall be reduced by a
number of days bearing as nearly as possible the same proportion to the total
number of days for which the prisoner is sentenced as the sum so paid bears
to the sum for which he is so liable.
(5) Wherever under subsection (4) a sum has been received in part
satisfaction of a sum due from a prisoner in consequence of the conviction of
the court, that sum shall be applied, firstly towards the payment in full or in
part of any costs or damages or compensation ordered by the conviction of
the court to be paid to the prosecutor and, secondly, towards the payment of
the fine, if any, imposed on the prisoner.
(6) The keeper of any prison who receives any sum under this section
in payment in full or in part of any costs or damages or compensation
ordered by the conviction of the court to be paid to the prosecutor shall
forthwith transmit the sum to the clerk of the court in which the conviction
took place, who shall pay it to the person entitled thereto.
76.-(1) Where the defendant, having been convicted of the offence with Determination of
liability of
which he was charged, paid the sum of money adjudged to be paid by the
defendant on
order, or has been discharged therefrom by the Crown, or has undergone satisfaction of,
imprisonment for non-payment thereof, or imprisonment adjudged in the first or discharge
instance, or both, or has been discharged from his conviction in manner from, order.
aforesaid, he shall be released from all other criminal proceedings for the
same matter.
(2) Nothing in this section shall affect the liability of any person in
respect of a continuing or recurring offence.
77. Where a magistrate upon any information or complaint adjudges the Imprisonment for
defendant to be imprisoned, and such defendant is then in prison undergoing a subsequent
offence.
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imprisonment upon a conviction for any other offence, the warrant of
commitment for such subsequent offence shall in every such case be
forthwith delivered to the keeper of the prison to whom it is directed, and he
shall under the authority of that warrant imprison the defendant in
accordance with the directions therein.
Summary Order
Summary order to 78.-(1) Where a power is by any statute given to the court to require any
do a specific act. person to do, or to abstain from doing, any act or thing, other than the
payment of money, or to require any act or thing to be done or left undone,
other than the payment of money, and no mode of enforcing the requisition
is presented by that statute, the court may-
(a) exercise that power by an order;
(b) annex to the order any conditions as to time or mode of
action or otherwise which the court thinks just;
(c) suspend or rescind the order on any undertaking being
given, or condition being performed, which the court
thinks just; and
(d) generally make such arrangements for carrying the
power into effect as to the court seems fit.
(2) Every person who makes default in complying with an order of
the court in relation to any matter arising under a statute, other than the
payment of money-
(a) shall be punished in the manner prescribed by that
statute; or
(b) if no punishment is thereby prescribed, may subject to
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subsection (3), in the discretion of the court, be ordered
to pay a sum not exceeding five dollars for every day
during which he is in default, or to be imprisoned until he
has remedied his default.
(3) A person shall not, for noncompliance with the direction of the
court, whether made by one or more orders, to do or abstain from doing any
act or thing, be liable under this section to the payment of any sums
amounting in the aggregate to more than four hundred dollars or to
imprisonment for any periods amounting in the aggregate to more than two
months.
(4) In making any order under this section, the court may order that-
(a) in default of compliance with the order, the defendant
shall pay to the complainant a sum which the court
awards as a fair compensation to him for the default; and
(b) in default of the payment of that sum, the defendant shall
be imprisoned for any term not exceeding the term
prescribed by section 55 in respect of a like sum in the
scale of imprisonment in default of payment of sums of
money adjudged to be paid by orders.
PART VIII
Summary Trial of Crimes
Summary trials of indictable offences generally
79.-(1) Where a person is charged before the court with a crime with which Remand of
the court has power to deal summarily, in accordance with the provisions of person charged.
section 50 of the Summary Jurisdiction (Offences) Act, the court, without CAP. 98.
prejudice to any other power which it possesses, may, for the purpose of
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ascertaining whether it is expedient to deal with the case summarily, either
before or during the hearing of the cause, adjourn the cause and remand the
person charged.
(2) A person may be remanded under this section in like manner in
all respects as a person accused of a crime may be remanded.
General provisions 80.-(1) Where a crime is, in the circumstances mentioned in section 50 of
as to dealing the Summary Jurisdiction (Offences) Act, authorised to be dealt with
summarily with
crimes.
summarily-
CAP. 98.
(a) the procedure shall, until the court assumes the power
to deal with the crime summarily, be the same in all
respects as if the crime were to be dealt with
CAP. 96. throughout under the Indictable Procedure Act, but
when and so soon as the court assumes the power to
deal with the crime summarily, the procedure shall be
the same, from and after that period, as if the crime
were a summary conviction offence, and the provisions
of this Act shall apply accordingly, but nothing in this
section shall be construed to prevent the court from
dealing thereafter with the crime under the provisions of
CAP. 96. the Indictable Procedure Act, if it thinks fit to do so;
(b) the evidence of any witness taken before the magistrate
who has assumed the power to deal with the offence
summarily need not be taken again, but the witness
shall, if the defendant or the prosecutor so requires, be
recalled for the purpose of cross-examination;
(c) the conviction for the crime shall have the same effect
as a conviction on a trial on indictment therefor would
have;
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(d) where the court has assumed the power to deal with the
crime summarily, and dismisses the complaint on the
merits, it shall, if required, deliver to the person charged
a copy, certified under the hand of the magistrate, of the
order of dismissal, and the dismissal shall have the same
effect as an acquittal on a trial on indictment for the
crime would have; and
(e) the conviction shall contain a statement either as to the
plea of guilty of the person charged or his consent to the
crime being dealt with summarily by the court.
(2) Where under the provisions of section 49 or 50 of the Summary CAP. 98.
Jurisdiction (Offences) Act any person is tried summarily by a court of 8 of 1970.
summary jurisdiction for a crime and is convicted by that court of that crime,
then if in all the circumstances of the case, including the prevalence of the
crime for which the accused has been convicted and the character and
antecedents of the accused, the court is of opinion that greater punishment
should be inflicted in respect of the crime than that court has power to inflict,
the court may, in lieu of dealing with him, commit him in custody to the
Supreme Court for sentence.
(3) Where any person has been committed for sentence under the
powers conferred by this section, the magistrate shall within fourteen days or
as soon as is practicable thereafter, transmit the record of the case to the
Registrar, together with a copy thereof for the Director of Public
Prosecutions, and the Registrar shall as soon as practicable after receiving the
same deliver them to the Chief Justice and the Director of Public 8 of 1970.
Prosecutions.
(4) The Chief Justice shall, as soon as conveniently may be after
receiving such record, issue an order to the keeper of the prison wherein the
prisoner is confined to bring the prisoner before the court at the time and
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place fixed therein and the Registrar shall notify the Director of Public
Prosecutions and the prisoner accordingly.
(5) A person so committed shall be liable to be dealt with and
punished in the same manner as if he were convicted in the Supreme Court
for that crime by the verdict of a jury.
PART IX
Maintenance Orders (Facilities for Enforcement)
Interpretation of 81. In this Part-
terms in Part IX.
“certified copy”, in relation to an order of the court, means a copy of the
order certified by the proper officer of the court to be a true copy;
“dependants” means those whom the person against whom the maintenance
order was made, according to the law in force in the part of Her Majesty’s
dominions in which that order was made, is liable to maintain;
“maintenance order” means an order, other than an order of affiliation, for
the periodical payment of sums of money towards the maintenance of the
wife or other dependants of the person against whom the order is made;
“prescribed” means prescribed by rules of court.
Enforcement in 82.-(1) Where a maintenance order has, whether before or after the
Belize of commencement of this Act, been made against any person by a court in
maintenance
England or Northern Ireland, and a certified copy of the order has been
orders made in
England or transmitted by a Secretary of State to the Minister of Foreign Affairs, the
Northern Ireland. said Minister shall send a copy of the order to the Attorney General with a
request that the prescribed officer of a court in Belize registers it.
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(2) On receipt thereof the order shall be registered in the prescribed
manner and shall, from the date of the registration, be of the same force and
effect and, subject to the provisions of this Part of this Act, all proceedings
may be taken thereon, as if it had been an order originally obtained in the
court in which it is so registered, and that court shall have power to enforce it
accordingly.
(3) The court in which an order is to be registered as aforesaid shall,
if the court by which it was made was a court of superior jurisdiction, be the
Supreme Court and, if the court was not a court of superior jurisdiction, be a
summary jurisdiction court.
83. Where a court in Belize has, whether before or after the commence- Transmission of
ment of this Act, made a maintenance order against any person, and it is maintenance
orders made in
proved to that court that that person is resident in England or Northern
Belize.
Ireland, the court shall send to the Minister of Foreign Affairs for trans-
mission to a Secretary of State a certified copy of the order.
84.-(1) Where an application is made to a summary jurisdiction court in Provisional
Belize for a maintenance order against any person, and it is proved that that orders of
maintenance
person is resident in England or Northern Ireland, the court may in his
against persons
absence if after hearing the evidence it is satisfied of the justice of the resident in
application, make any order it might have made if a summons had been duly England or
served on him and he had failed to appear at the hearing, but in that case the Northern Ireland.
order shall be provisional only and shall have no effect unless and until
confirmed by a competent court in England or Northern Ireland as aforesaid.
(2) The evidence of any witness examined on the application shall be
put into writing, and his deposition shall be read over to and signed by him.
(3) Where an order is made under subsection (1), the court shall send
to the Minister of Foreign Affairs, for transmission to a Secretary of State,
the depositions so taken and a certified copy of the order, together with a
statement of the grounds on which the making of the order might have been
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opposed if the person against whom the order is made had been duly
served with a summons and had appeared at the hearing, and any
information the court possesses for facilitating the identification of that
person and ascertaining his whereabouts.
(4) Where any provisional order under subsection (1) has come
before a court in England or Northern Ireland for confirmation, and has by
that court been remitted to the summary jurisdiction court which made it for
the purpose of taking further evidence, that court or any other summary
jurisdiction court sitting and acting for the same place shall, after giving the
prescribed notice, proceed to take the evidence in like manner and subject
to the like conditions as the evidence in support of the original application.
(5) If upon hearing the evidence it appears to the court that the order
ought not to have been made, the court may rescind the order, but in any
other case the depositions shall be sent to the Minister of Foreign Affairs
and dealt with in like manner as the original depositions.
(6) The confirmation of an order made under this section shall not
affect any power of a summary jurisdiction court to vary or rescind that
order.
(7) On the making of, varying or rescinding of, an order the court
shall send a certified copy thereof to the Minister of Foreign Affairs for
transmission to a Secretary of State and, in the case of an order varying the
original order, the order shall not have any effect unless and until confirmed
in like manner as the original order.
(8) The applicant shall have the same right of appeal, if any, against a
refusal to make a provisional order as he would have had against a refusal
to make the order had a summons been duly served on the person against
whom the order is sought to be made.
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85.-(1) Where a maintenance order has been made by a court in England or Confirmation by
Northern Ireland, and the order is provisional only and has no effect unless summary juris-
diction court of
and until confirmed by a summary jurisdiction court in Belize, and a certified maintenance
copy of the order, together with the depositions of witnesses and a statement order made in
of the grounds on which the order might have been opposed, has been trans- England or
mitted to the Minister of Foreign Affairs, and it appears to the said Minister Northern Ireland.
that the person against whom the order was made is resident in Belize, the
said Minister may send those documents to the Attorney General with a re-
quest that the prescribed officer of a summary jurisdiction court should issue
a summons calling upon the person to show cause why that order should not
be confirmed, and upon receipt of the documents and that requisition the
court shall issue the summons and cause it to be served upon that person.
(2) A summons so issued may be served in Belize in the same manner
as if it had been originally issued by a summary jurisdiction court having
jurisdiction in the place where the person happens to be.
(3) At the hearing it shall be open to the person on whom the
summons was served to raise any defence which he might have raised in the
original proceedings had he been a party thereto but no other defence, and
the certificate from the court which made the provisional order stating the
grounds on which the making of the order might have been opposed if the
person against whom the order was made had been a party to the
proceedings shall be conclusive evidence that those grounds are grounds on
which objection may be taken.
(4) If at the hearing the person served with the summons does not
appear or, on appearing, fails to satisfy the court that the order ought not to
be confirmed, the court may confirm the order either without modification or
with any modifications which the court after hearing the evidence thinks just.
(5) If the person against whom the summons was issued appears at
the hearing and satisfies the court that for the purpose of any defence it is
necessary to remit the case to the court which made the provisional order for
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the taking of any further evidence, the court may so remit the case and
adjourn the proceedings for the purpose.
(6) Where a provisional order has been confirmed under this section,
it may be varied or rescinded in like manner as if it had originally been made
by the confirming court, and where on an application for rescission or
variation the court is satisfied that it is necessary to remit the case to the
court which made the order for the purpose of taking any further evidence,
the court may so remit the case and adjourn the proceedings for the
purpose.
(7) Where an order has been so confirmed, the person bound
thereby shall have the same right of appeal, if any, against the confirmation
of the order as he would have had against the making of the order had the
order been one made by the court confirming the order.
Regulations to 86. The Minister may make regulations as to the manner in which a case
facilitate can be remitted by a court authorised to confirm a provisional order to the
communications
court which made the provisional order, and generally for facilitating
between courts.
9 of 1965. communications between those courts.
Mode of en- 87.-(l) A summary jurisdiction court in which an order has been registered
forcing orders. under this Part or by which an order has been confirmed under this Part,
and the officers of that court shall take all steps for enforcing the order as
may be prescribed, and the order shall be enforceable in like manner as if it
CAP. 97. were a judgment for the payment of money under the District Courts
(Procedure) Act.
(2) If the order is of such a nature that if made by the court in which
it is so registered, or by which it is so confirmed, it would be enforceable in
like manner as an order of affiliation, the order shall be so enforceable.
(3) A distress warrant or warrant of commitment issued by a
summary jurisdiction court for the purpose of enforcing an order so
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registered or confirmed may be executed in any part of Belize.
88. The provisions of this Act which apply to proceedings in summary Application of
provisions
conviction offences shall apply in like manner to proceedings before summary
relating to
jurisdiction courts under this Part, and the power to make rules under section summary juris-
67 of the Inferior Courts Act, and to prescribe fees and costs under section diction
61 of the said Act shall include power to make rules regulating the procedure procedure.
of summary jurisdiction courts under this Part and prescribing fees and costs CAP. 94.
in respect thereof.
89. Any document purporting to be signed by a judge or officer of a Proof of
court in England or Northern Ireland shall, until the contrary is proved, be document signed
by officers of
deemed to have been so signed without proof of the signature or judicial or court.
official character of the person appearing to have signed it, and the officer of
a court by whom a document is signed shall, until the contrary is proved, be
deemed to have been the proper officer of the court to sign it.
90. Depositions taken in a court in England or Northern Ireland for the Depositions to
be evidence.
purposes of this Part may be received in evidence in proceedings before a
summary jurisdiction court under this Part.
91.-(1) Where the Minister is satisfied that reciprocal provisions have been Extension of Act.
made by the legislature of any Commonwealth country other than the United
Kingdom for the enforcement within that country of maintenance orders
made by courts within Belize, the Minister may by Order published in the
Gazette declare that the provisions of this Part shall extend to maintenance 9 of 1965.
orders made by courts in that Commonwealth country in like manner as it
extends to maintenance orders made within England or Northern Ireland, and
on that Order being made this Part shall extend accordingly.
(2) For the purposes of this section the expression “Commonwealth
country” shall be deemed to include any territory which is defined as such in
the Interpretation Act. CAP. 1.
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(3) In the application of this Part to a Commonwealth country other than
the United Kingdom, orders intended to be registered or confirmed in that
country shall be transmitted to the Minister of Foreign Affairs or his
equivalent thereof..
PART X
Miscellaneous Provisions
Ownership of Property
Statement of 92.-(1) Where, in any document in any proceeding under this Act, it is
ownership of necessary to state the ownership of any property whatever, whether real or
property.
personal, which belongs to or is in the possession of more than one person,
it shall be sufficient to name one of those persons, and to state the property
to belong to the person so named and another or others, as the case may
be.
(2) Where in the document it is necessary to mention for any
purpose whatever any partners or other joint owners or possessors, it shall
be sufficient to describe them in manner aforesaid.
(3) The provisions of this section shall be construed to extend to all
joint stock companies and associations, societies and trustees.
Statement of 93. Where, in any document in any proceeding under this Act, it is
ownership of necessary to state the ownership of any church, chapel or building set apart
church.
for religious worship, or of any thing belonging thereto or being therein, it
shall be sufficient to state that the church, chapel, building or thing, is the
property of the clergyman, or of the officiating minister, or of the
churchwarden or churchwardens of the church, chapel or building, without
naming him or them.
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94. Where, in any document in any proceeding under this Act, it is Statement of
necessary to state the ownership of- ownershp of
public property.
(a) any work or building made, erected or maintained, either
wholly or in part, at the expense of the inhabitants of
Belize, or of any city, town or village of Belize; or
(b) any thing belonging or used in relation thereto; or
(c) any thing provided for the use of the poor or of any
public institution or establishment; or
(d) any materials or tools provided or used for repairing the
work or building, or any public road or highway; or
(e) any other property whatever, whether real or personal,
of the inhabitants aforesaid,
it shall be sufficient to state that the property is the property of the inhabitants
of Belize, or of the city, town or village, as the case may be, without naming
any of them.
Arrest
Arrest of
95.-(1) Every person who is found committing any offence which is punishable
offender in
on summary conviction may be apprehended and taken into custody, without certain cases.
warrant, by any police officer, or may be apprehended by the owner of any
property on or with respect to which the offence is committed, or by his servant
or any other person authorised by him, and shall in the latter case be delivered
as soon as possible into the custody of a police officer, to be dealt with according
to law.
(2) If any police officer or other peace officer refuses or wilfully
neglects to take into custody any person found committing any such offence,
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he is guilty of an offence and, on conviction thereof, liable to a fine not
exceeding one hundred dollars.
Bail where 96. A person taken into custody without warrant for a summary
offender taken conviction offence shall be brought before a magistrate as soon as
into custody
without warrant. practicable after he is so taken into custody, and in the meantime any police
officer not below the rank of corporal may inquire into the matter and,
except where the offence appears to that officer to be of a serious nature,
shall discharge the prisoner, upon his entering into a recognisance, with or
without sureties, for a reasonable amount to appear before the court at the
time and place specified in the recognisance.
Form and 97.-(1) Every warrant for the apprehension of any person issued under this
requisites of Act or, unless the contrary is expressly provided, under any other statute
warrant of
relating to summary conviction offences, shall be dated on the day on which
apprehension.
it is issued, and shall be signed by the magistrate or other justice of the
peace by whom it is issued.
(2) The warrant-
(a) shall not be signed in blank;
(b) shall not be issued without an information or other
statement in writing upon oath;
(c) may be directed either to any police officer by name, or
to that police officer and all other police officers, or
generally to all police officers;
(d) may be executed by any police officer named therein ‘
or by any one of the police officers to whom it is
directed;
(e) shall state concisely the offence or matter for which it is
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issued, shall name or otherwise describe the person to
be arrested, and shall order the police officer or other
police officer to whom it is directed to apprehend that
person and bring him before the court to answer the said
information or statement, or to testify, or otherwise,
according to the circumstances of the case, and to be
further dealt with according to law.
(3) It shall not be necessary to make the warrant returnable at
any particular time, but it shall remain in force until it is executed.
(4) A magistrate or other justice of the peace who issues the warrant
shall indorse thereon whether or not the person to be apprehended shall be
admitted to bail and, if he is to be admitted to bail, whether with or without a
surety or sureties and the amount of the recognisance into which he is to
enter.
(5) Where a person who has been arrested under the warrant is to be
admitted to bail, the recognizance conditioned for his appearance before the
court at the time and place specified therein, may be entered into before any
police officer not below the rank of corporal, who shall thereupon discharge
the prisoner.
98.-(1) The warrant of apprehension may be issued and executed on a Execution of
Sunday. warrant.
(2) The police officer executing the warrant must, before making the
arrest, inform the person to be arrested that there is a warrant for his
apprehension, unless there is reasonable cause for abstaining from giving that
information on the ground that it is likely to occasion escape, resistance or
rescue.
(3) Subject to subsection (6) it shall not be necessary for the police
officer executing the warrant to have it in his possession, but if he has it, he
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must, upon request, show it to the person arrested or to be arrested.
(4) Every person arrested on the warrant shall be brought before the
court as soon as is practicable after he is so arrested.
(5) Any police officer authorised to execute the warrant may, for the
purpose of executing it, either with or without assistance from any other
person or persons, break open and enter any house, building or enclosed
place, if admittance cannot otherwise be obtained.
(6) Where a police officer breaks open and enters any house,
building or enclosed place, he must be in possession of the warrant, and
before doing so he must, as far as practicable, notify his possession thereof
Handcuffing of 99. A person arrested, whether with or without warrant, shall not be
person arrested. handcuffed or otherwise bound, except in case of necessity, or of
reasonable apprehension of violence, or of attempt to escape, or by order
of the court or of a magistrate.
Police station to 100. Every police station shall be deemed to be a lock-up house where
be lock-up. persons charged with summary conviction offences may be received and
detained according to law.
Proceedings relating to Stolen Goods, etc.
Stolen goods 101.-(1) On an information being laid on oath before a magistrate or any
search warrant. other justice of the peace that there is reasonable cause to suspect that any
goods whatever, stolen or otherwise unlawfully obtained, are concealed or
lodged in any dwelling-house, or in any other place, it shall be lawful for
such magistrate or other justice of the peace by warrant under his hand,
directed to any police officer, to cause any such dwelling-house or other
place to be entered and searched at any time of the day or of the night.
(2) Where a search warrant is issued under subsection (1), if it
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appears necessary to the magistrate or other justice of the peace issuing it, he
may empower the police officer to whom the warrant is directed with such
assistance as may be found necessary, such police officer having previously
made known his authority, to use force to effect the entry, whether by
breaking open doors or otherwise.
(3) The warrant may direct the police officer to guard any goods or
things found upon such search, where it was found, or to convey them to
some place of safety until the person who stole them or who otherwise
unlawfully obtained them, can be taken before a magistrate to be dealt with
according to law.
(4) Such police officer shall take into custody and carry before a
magistrate every person found in such house, or other place, who appears to
him to have been privy to such goods being so concealed or lodged in such
house or other place, knowing or having reasonable cause to suspect them to
have been stolen, or otherwise unlawfully obtained.
102.-(1) If any goods are stolen or unlawfully obtained from any person, or Recovery of
being lawfully obtained, are unlawfully deposited, pawned, pledged, sold or goods un-
lawfully pawned,
exchanged, and information is laid before a magistrate that such goods are in
etc.
the possession of any broker, dealer in marine stores or other dealer in
second-hand property, or of any person who has advanced any money upon
the security of such goods within any town, it shall be lawful for the
magistrate to issue a summons or warrant for the appearance before the
court of such broker, dealer or other person and for the production of the
goods, and to order such goods to be delivered up to the owner thereof,
either without any payment or upon payment of such sum and at such time as
the magistrate thinks fit.
(2) Every broker, dealer or other person who-
(a) being so ordered refuses or neglects to give up such
goods; or
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(b) disposes of, or makes away with, any of such goods,
after notice that they were stolen or unlawfully obtained
as aforesaid,
shall forfeit to the owner thereof the full value of the goods to be determined
by the magistrate.
(3) No order of a magistrate under this section shall bar the right of
any broker, dealer or other person to recover possession of such goods
from the person into whose possession they may come by virtue of such
order, by action brought within the two months next after the order was
made.
Restoration of 103. A magistrate may order that any goods unlawfully pawned, pledged
goods stolen, or exchanged which are brought before him, the ownership of which is
etc. established to the satisfaction of such magistrate, be delivered to the owner
by the party with whom they were so unlawfully pawned, pledged or
exchanged, either without compensation or with such compensation to the
party in question as the magistrate may think fit.
Restitution order 104. If any goods or money alleged to have been stolen or fraudulently
and its effect. obtained are in the custody of any police officer by virtue of any warrant of
a magistrate or other justice of the peace, or in the prosecution of any
charge of felony or misdemeanour in regard to the obtaining thereof, and the
person so charged with stealing or obtaining possession cannot be found, or
is summarily convicted or discharged, but the property so in custody is not
included in any information upon which he has been found guilty, any
magistrate may make an order for the delivery of any such goods or money
to the party who appears to be the rightful owner thereof, and if the owner
cannot be ascertained he may make such order with respect to such goods
or money as to him may seem fit.
(2) No order made under this section shall bar the right of any
person to sue the party to whom such goods or money are delivered, and to
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recover such goods or money from him by action brought within the two
months next after the order was made.
105. Where any goods or money alleged to have been stolen or unlawfully Goods of
obtained, and of which the owner is unknown, is ordered by any magistrate unknown owner
may be sold.
to be delivered to the Commissioner of Police or other proper officer, the
Commissioner or other proper officer, may after the expiration of twelve
months during which no person has made claim to the goods or money as
owner, sell or dispose of such goods or money for the public benefit, and pay
the proceeds in accordance with the Lost and Abandoned Property Act. CAP. 335.
Seizure and Restitution of Property
106.-(1) The court may order the seizure of any property which there is Seizure of
reason to believe has been obtained by, or is the proceeds of, any summary property the
proceeds of
conviction offence, or into which the proceeds of any summary conviction summary
offence have been converted, and may direct that the property shall be kept conviction
or sold, and that it, or the proceeds thereof, if sold, shall be held as the court offence.
directs, until some person establishes, to the court’s satisfaction, a right
thereto.
(2) If no person establishes that right within twelve months from the
seizure, the property, or the proceeds thereof, shall become vested in the
Financial Secretary for the public use of Belize and shall be disposed of
accordingly.
107. The court may order the seizure of any instruments, materials or Seizure of things
things which there is reason to believe are provided or prepared or being intended to be
used in
prepared, with a view to the commission of any summary conviction offence,
commission of
and may direct them to be held and dealt with in the same manner as summary
property seized under section 106. conviction
offence.
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Enforcement of 108. Any order made under either section 106 or 107 may be enforced
order of seizure. by a search warrant under this Act.
Return of 109. If, upon the apprehension of any person charged with a summary
property found on conviction offence, any property is taken from him, a report shall be made
person
by the police to the court of that fact and of the particulars of the property,
apprehended.
and the court shall, if it is of opinion that the property or any portion thereof
can be returned consistently with the interests ofjustice and with the safe
custody of the person charged, order the property or any portion thereof to
be returned to the person charged or to any other person it directs.
Application of 110. If, upon the apprehension of any person charged with a summary
money found on conviction offence, any money is taken from him, the court may, in its
person discretion, in case of his conviction, order the money, or any part thereof, to
apprehended.
be applied to the payment of any costs, or costs and compensation,
directed to be paid by him.
Restitution of 111.-(1) Subject as hereinafter provided, where any person is convicted of
property in case a summary conviction offence, any property found in his possession, or in
of conviction.
the possession of any other person for him, may be ordered by the court to
be delivered to the person who appears to the court to be entitled thereto.
(2) Where any person is convicted before the court of having stolen
or dishonestly obtained any property, and it appears to the court that the
property has been pawned to a pawnbroker or other person, the court may
order the delivery thereof to the person who appears to the court to be the
owner, either on payment or without payment to the pawnbroker or other
person of the amount of the loan or any part thereof, as to the court, in all
the circumstances of the case, seems just.
(3) If the person in whose favour the order is made pays the money
to the pawnbroker or other person under the order and obtains the
property, he shall not afterwards question the validity of the pawn, but
except to that extent no order made under this section shall have any further
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effect than to change the possession, nor shall it prejudice any right of
property or right of action in respect to property existing or acquired in the
goods either before or after the offence was committed.
(4) Nothing in this section shall prevent the court from ordering the
return to any person charged with a summary conviction offence, or to any
person named by the court, of any property found in the possession of the
person so charged or in the possession of any other person for him, or of any
portion thereof, if the court is of opinion that that property or any portion
thereof can be returned consistently with the interests of justice and with the
safe custody or otherwise of the person so charged.
Keeping the Peace
112.-(1) Whenever a complaint is made by any person against another to the Finding sureties
to keep the
effect that there is reason to fear that the defendant will do the complainant
peace.
some bodily injury, the court may, if the complaint is established, order the
defendant to enter into a recognisance, with or without a surety or sureties to
the satisfaction of the magistrate, to keep the peace and be of good
behaviour, either towards the complainant individually or towards the
complainant and all persons within Belize.
(2) Whenever the Director of Public Prosecutions considers that a 1 of 1969.
breach of the peace is likely to occur by reason of the utterances, acts or
other conduct within public hearing or public view of any person or persons,
he may make complaint to a magistrate against such person or persons and
the court may, if the complaint is established, order the defendant or
defendants to enter into a recognisance, with or without a surety or sureties
to the satisfaction of the magistrate, to keep the peace and be of good
behaviour towards all persons within Belize.
(3) The provisions of this Act shall apply to the hearing of any
complaint under this section, and the complainant and the defendant and the
witnesses may be called and examined and cross-examined, and the
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complainant and the defendant shall respectively be liable to the payment of
costs, or of costs and compensation, as in the case of any other complaint.
(4) The court may order any defendant, in default of compliance with
the order of the court, to be imprisoned for any term not exceeding twelve
months.
Binding over 113. The court shall have power, in any complaint made for a summary
parties to be of conviction offence, whether the complaint is dismissed or the defendant is
good behaviour.
convicted, to bind both the complainant and the defendant, or either of
them, to be of good behaviour, and may order the complainant or the
defendant, in default of compliance with the order, to be imprisoned for any
term not exceeding three months.
Bringing up 114. Every person imprisoned under either section 112 or 113 shall be
person brought before the Supreme Court whenever the prison in which he is
imprisoned for
want of sureties. confined is delivered.
Sanction of 115. The court may, in any case of breach of the peace, sanction any
compromise. compromise between the parties to the complaint which it deems just and
right.
Recognisances 116. Where the court has fixed, as respects any recognisance, the
taken out of amount in which the principal and sureties, if any, are to be bound, the
court.
recognisance, notwithstanding anything in this or any other Act, need not be
entered into before such court, but may be entered into by the parties
before a justice of the peace or the clerk or, where any of the parties are in
prison, before the keeper of such prison, and thereupon all the conse-
quences of the law shall ensure, and the provisions of this Act shall apply as
if the recogmsances had been entered into before the court.
Enforcement of 117.-(1) Where a surety to a recognisance to keep the peace or to be of
recognisance to
keep the peace or
good behaviour has reason to suspect that the person bound as principal
to be of good has been or is about to be guilty of conduct which was or would be a
behaviour.
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breach of the conditions of the recognisance, he may make a complaint
before any magistrate having jurisdiction either in the place in which the
principal is or is believed by the complainant to be or in the place where the
court by which the recognisance was ordered to be entered into was held,
and that magistrate may thereupon, if in his discretion he thinks fit, issue a
summons against the principal.
(2) The court before which the principal appears in answer to any
such summons may, as it thinks fit, either order him to enter into a fresh
recognisance, with or without sureties to the satisfaction of the magistrate, or
deal with him in the same manner as if he were a person who had failed to
comply with an order to enter into a recognisance and find sureties to keep
the peace or to be of good behaviour, and shall in either case order that the
first-mentioned recognisance be discharged.
Enforcement of Recognisance
118.-(1) Where a recognisance is conditioned for the appearance of any Mode of
person before the court or for his doing some other act or thing to be done enforcing
recognisance.
in, to or before the court or in a proceeding in the court, the court may, if the
recognisance appears to be forfeited, declare it to be forfeited, and order the
sum due thereunder to be levied upon the personal property of the person
liable thereunder, in the same manner as if the sum were a penalty adjudged
by the court to be paid, and were ascertained by an order.
(2) The court may at any time cancel or mitigate the forfeiture, upon
the person liable under the recognisance applying and giving security, to the
satisfaction of the court, for the future performance of the condition of the
recognisance, and paying, or giving security for the payment of, the costs
incurred in respect of the forfeiture, or upon any other conditions the court
thinks just.
(3) If it appears to the court that a distress warrant should not, under
the provisions of subsection (1), be issued against the person liable under the
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recognisance, but that he has real property, the court may, if it thinks fit,
postpone the issue of a warrant of commitment against him, and transmit the
1 of 1969. recognisance to the Director of Public Prosecutions in order that it may be
put in suit against him.
(4) Where a recognisance to keep the peace and to be of good
behaviour, or not to do or commit some act or thing, has been entered into
by any person as principal or as a surety before the court, the court may, on
proof of the conviction of the person bound as principal by the recognisance
of any offence which is by law a breach of the condition thereof, by order
adjudge the recognisance to be forfeited and adjudge the persons bound
thereby, whether as principal or as sureties, or any of them, to pay the sums
for which they are respectively bound, and the recognisance shall be dealt
with in the manner hereinbefore mentioned.
(5) Notwithstanding anything contained in subsection (4), where a
recognisance to keep the peace or to be of good behaviour, or not to do or
commit some act or thing is adjudged to be forfeited under that subsection,
the magistrate shall, on the demand in writing of the Director of Public
Prosecutions, transmit the forfeited recognisance to the Supreme Court, and
such forfeited recognisance shall be further dealt with as if it were an
CAP. 96. estreated recognisance under section 192 of the Indictable Procedure Act.
1 of 1969.
(6) All sums paid or recovered in respect of any recognisance declared
or adjudged by the court in pursuance of this section to be forfeited shall be
paid to the clerk and shall be paid over and accounted for in the same
manner as penalties imposed by the court.
Commitments of Vagrants and Rogues to Poor-house
Power to make 119. Where any person is brought before the court charged with having
order for deten- committed an offence against the provisions of any Act relating to vagrants,
tion of vagrants in
poor-house.
or to rogues and vagabonds, or to incorrigible rogues, and it appears to the
court that the person so charged is unable from physical infirmity to maintain
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Summary Jurisdiction (Procedure) [CAP. 99 73
himself, and that he has no visible means of subsistence, the court, instead of
proceeding to hear and determine that charge, may order that the person so
charged shall be forthwith conveyed to a poor-house and there detained until
he is discharged therefrom as provided by sections 121 and 122.
120. Every person ordered to be so detained shall be taken to a poor- Time of
house, and there detained until he is discharged by the written order of a detention.
magistrate.
121. Every magistrate is hereby authorised to make an order in writing Power to order
directing the immediate discharge from a poor-house of any person who has discharge of
person detained.
been so ordered to be detained therein if it appears to the magistrate that he
has become capable of earning his livelihood, and he shall be discharged
accordingly.
122. If any person enters into a bond in the sum of twenty-five dollars Discharge of
before a magistrate that due provision shall be made for the future main- person detained
on security
tenance of any person who has been so ordered to be detained in a poor- being given.
house, the magistrate, if satisfied that the person so entering into the bond has
sufficient property to enable him to maintain the person so ordered to be
detained, or to pay the said sum of twenty-five dollars if the condition of the
bond is not performed, shall make an order in writing that the person so
ordered to be detained and mentioned in the bond shall be at once
discharged, and he shall be discharged accordingly.
123. If any person so ordered to be detained in a poor-house becomes so Transfer to
ill that, in the opinion of a government medical officer, he cannot be properly hospital of
person detained
treated therein, the officers of the poor-house, with the sanction of the
in case of illness.
Director of Medical Services, may cause the person to be conveyed to the
nearest public hospital for medical treatment therein, and the person on his
discharge from the hospital shall be taken back to a poor-house and there
detained as hereinbefore mentioned.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000
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Arrest of person 124. A person so ordered to be detained in a poor-house who leaves it,
detained in case or any public hospital to which he has been removed, before he has been
of escape.
discharged as provided by sections 121 and 122 may be arrested, without
warrant, by any police officer and conveyed back to a poor-house, and
there detained as hereinbefore mentioned.
Saving of Validity of Process
Provisions as to 125. The following provisions with respect to certain proceedings in the
certain court shall have effect, that is to say-
proceedings in
the court.
(a) a warrant of commitment shall not be held void by
reason only of any defect therein, if it is therein alleged
that the offender has been ordered to do or to abstain
from doing any act or thing required to be done or left
undone, and there is a good and valid order to sustain
the allegation;
(b) a distress warrant shall not be held void by reason only
of any defect therein, if it is therein alleged that an order
has been made, and there is a good and valid order to
sustain the allegation;
(c) a person acting under a distress warrant shall not be
deemed a trespasser from the beginning by reason only
of any defect in the warrant or of any irregularity in the
execution thereof, but this enactment shall not prejudice
the right of any person to satisfaction for any special
damage caused by any defect in, or irregularity in the
execution of, a distress warrant, so, however, that if
amends are tendered before action brought and, if the
action is brought, are paid into court in the action, and
the plaintiff does not recover more than the sum so
tendered and paid into court, the plaintiff shall not be
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entitled to any costs incurred after the tender, and the
defendant shall be entitled to costs, to be taxed as
between attorney and client; and
(d) a summons or warrant or other process shall not be held
void by reason of the magistrate who signed it dying or
ceasing to hold office.
126. It shall not be competent for any person to impeach, in any No objection to
proceeding or in any other manner whatever, any order made by the court on jurisdiction
the hearing of a complaint on the ground that the court had no jurisdiction to unless taken at
hearing.
make the order, unless that objection was taken on the hearing of the
complaint or at the time of the making of the order.
127.-(1) In any cause in the court, no variance between the complaint, or Effect of
summons, or warrant and the evidence adduced in support thereof as to the variance or
time at which the cause of complaint is alleged to have arisen shall be defect in
proceedings.
deemed material, if it is proved that the complaint was in fact made within the
time limited by law for making it, and no variance between the complaint, or
summons, or warrant and the evidence adduced in support thereof as to the
place in which the cause of complaint is alleged to have arisen shall be
deemed material.
(2) No objection shall be taken or allowed, in any proceeding in the
court, to any complaint, summons, warrant or other process for any alleged
defect therein in substance or in form, or for any variance between any
complaint or summons and the evidence adduced in support thereof:
Provided that if any variance or defect mentioned in this section
appears to the court at the hearing to be such that the defendant has been
thereby deceived or misled, the court may make any necessary amendments
and, if it is expedient to do so, adjourn, upon such terms as it thinks fit,
further hearing of the cause.
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Proof of Service of Process
Proof of service of 128.-(1) In every proceeding in the court in which it is necessary to prove
process. the service of any summons, notice, order or other process whatever of the
court upon any person, it shall be deemed to be sufficient proof of the
service if the person by whom the process has been served is duly sworn to
an affidavit of the service.
(2) The affidavit may be sworn by and before any magistrate, justice
of the peace or, if authorised for that purpose by the Attorney General, the
clerk.
(3) The affidavit shall be received in evidence in any proceeding
in any court without proof of the signature or of the official character
of the person making it, or of the person before whom it is made, and
the onus of showing that any service referred to in the affidavit was not
made in accordance with the tenor of the affidavit shall be on the party
objecting.
(4) Affidavits of service shall be numbered by the clerk consecutively
in the order in which they are received and filed as of record in the court in
which they are entitled and, in every case in which any such affidavit is used,
it shall be sufficient to note on the proceedings its number and the court in
which it is filed.
Proof of previous 129.-(1) Where on the hearing of any complaint, it is proposed to prove
conviction. against the defendant the fact of a previous conviction-
(a) a copy of the order of any summary jurisdiction court,
in respect of the former offence purporting to be
certified by the clerk of that court; or
(b) production of a copy of a warrant of commitment
reciting the conviction purporting to be certified under
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the hand of the keeper of the prison,
shall upon proof of identity of the person be sufficient evidence of the
conviction.
(2) A previous conviction may in the alternative be proved against any
person in any criminal proceedings by the production of such evidence of the
conviction as is mentioned in subsections (3), (4) and (5), and by showing
that his fingerprints and those of the person previously convicted are the
fingerprints of the same person.
(3) A certificate purporting to be signed by or on behalf of the
Commissioner of Police, containing particulars relating to a conviction
extracted from the criminal records kept by him, and certifying that the
copies of the fingerprints exhibited to the certificate are copies of the
fingerprints appearing from the said records to have been taken in pursuance
of section 19 of the Police Act from the person convicted on the occasion of CAP. 138.
the conviction, shall be evidence of the conviction and evidence that the
copies of the fingerprints exhibited to the certificate are copies of the
fingerprints of the person convicted.
(4) A certificate purporting to be signed by or on behalf of the keeper
of a prison in which any person has been detained in connection with any
criminal proceedings, certifying that the fingerprints exhibited thereto were
taken from him while he was so detained, shall be evidence in those
proceedings that the fingerprints exhibited to the certificate are the
fingerprints of that person.
(5) A certificate, purporting to be signed by or on behalf of the
Commissioner of Police, and certifying that the fingerprints, copies of which
are certified as provided in subsection (3) by or on behalf of the
Commissioner to be copies of the fingerprints of a person previously
convicted and the fingerprints certified by or on behalf of the keeper of a
prison as provided in subsection (4), or otherwise shown, to be the
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fingerprints of the person against whom the previous conviction is sought to
be proved are the fingerprints of the same person shall be evidence of the
matter so certified.
Appropriation of Penalties and Seizures, etc.
Appropriation of 130. Subject to the provisions of this or any other statute, every penalty
penalties and or any part thereof recovered in the court in respect of a summary
seizures.
conviction offence, and also the proceeds of any seizure or forfeiture made
or incurred subject to the process of the court, shall be paid by the officer
into whose hands they come to the Accountant General.
Dealing with 131. Subject to the express provisions of any statute relating thereto,
forfeiture not
every forfeiture not pecuniary which is incurred in respect of a summary
pecuniary.
conviction offence, or which may be enforced by the court, may be sold or
disposed of in the manner directed by the court, and the proceeds of sale
shall be applied in the like manner as if the proceeds were a penalty
imposed under the statute on which the proceeding for the forfeiture is
founded.
Remission by the 132.-(1) The Governor-General may remit, in whole or in part, any sum of
Governor-General money imposed as a penalty and as costs, charges and expenses in
of penalties. connection with the penalty, on any person convicted of a summary
conviction offence, although the money may be, in whole or in part, payable
into the Treasury for the public use of Belize, or to some party other than the
Crown, and may extend the royal mercy to any person who may be
imprisoned for non-payment of any sum of money so imposed, although the
money may be, in whole or in part, payable into the Treasury for the public
use of Belize, or to some party other than the Crown.
(2) The Governor-General may order the restoration of any thing
seized or detained in connection with a summary conviction offence.
(3) Every remission or restoration under this section may be made in
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the manner and subject to the terms and conditions the Governor-General
sees fit to direct, subject to the Belize Constitution.
133. Every person who accepts or acquiesces in any remission or Effect of
restoration as provided in section 132 shall be thereby debarred from having, acquiescence
in remission.
maintaining or continuing, any action or suit in respect of any matter to which
the remission or restoration relates, and no further proceedings shall be taken
against him in relation to that matter.
134. Where any person, who is committed to prison on any order for non- Payment of sum
payment of any sum of money adjudged to be paid by the order, desires to adjudged to be
paid by order by
pay the money and costs before the expiration of the time for which he has
person
been so ordered to be imprisoned by the warrant of commitment, he shall do imprisoned in
so to the keeper of the prison in which he is imprisoned, and the keeper shall default of
forthwith transmit a receipt for the moneys to the magistrate of the court payment.
which issued the warrant of commitment.
135. Every magistrate and every keeper of a prison shall keep a true and Keeping account
exact account of all moneys received by him under this Act, and shall, within of moneys
received.
the first seven days of every month, transmit a fair copy of that account for
the preceding month to the Accountant General.
136. Where a magistrate has made an order directing or allowing any Taking of
recognisance to be taken, and it is not practicable or convenient for him to recognisance.
attend at the time and place where the recognisance is to be taken, any other
magistrate may attend and take the recognisance, which shall thereafter have
effect and be dealt with in the same manner as if it had been taken by the
first-mentioned magistrate.
137. In order to discourage corrupt practices by common informers, it Magistrate may
shall be lawful for a magistrate by whom a conviction has been made to disallow
payment to an
adjudge, although any part of a penalty is directed by statute to be paid to the informer.
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informer, that no part of that penalty, or such part only thereof as he thinks
fit, shall be paid to an informer.
Records
Record book of 138.-(1) The clerk shall keep a record book for his court, in which shall be
proceedings. entered, in the proper columns respectively, the number of the cause, the
date of making the complaint, the name of the complainant, the name of the
defendant and his age, if he is under fourteen years of age, the substance of
the complaint, the statute under which the cause is tried, the date of
adjudication, a minute of the adjudication, the name of the magistrate
adjudicating, and the costs.
(2) If the court refuses to entertain or dismisses a complaint, the
clerk shall enter the refusal or dismissal, with the grounds thereof, in the
record book.
Register of 139.-(1) The clerk shall keep a register of the minutes or memoranda of all
minutes of orders. the orders of the court and of any other proceedings directed by the
Attorney General to be registered, and with the particulars and in the form
from time to time directed by the Attorney General.
(2) The register, and also any extract therefrom certified by the clerk
to be a true extract, shall, in any proceeding whatever in any court, be
prima facie evidence of the truth of all matters stated therein.
Custody of 140. Every record book and register mentioned in sections 138 and 139
records. shall remain in the judicial district and in the custody of the clerk.
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SCHEDULE
[SECTION 41]
Offences to which the Defendant may plead Guilty by Letter
1. MOTOR VEHICLES AND ROAD TRAFFIC. CAP. 230.
(a) Any offences against sections 25, 26, 27, 40, 46(2) (3),
48 (2), 49 (3), 52, 53, 54, 60, 65 (2), 66, 67, 68, 80,
81, 86 and 106 of the Motor Vehicles and Road Traffic Sub. Leg.
Act. 1991 Edn.
Vol. IV.
CAP. 192.
(b) Any offence against the Motor Vehicles and Road p.
Traffic Regulations.
(c) Any offence against the Motor Vehicles and Road
Traffic (Road Crossing) Regulations.
(d) Any offence against the Bicycles Regulations.
2. DOGS.
Any offence against sections 3, 9 and 10 of the Dogs Act. CAP. 153.
3. SUMMARY OFFENCES.
Any offence against section 4 (1) (v), (vi), (xi), (xii), (xviii), (xxvi), (xxviii) and
(xli) of the Summary Jurisdiction (Offences) Act. CAP. 98.
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