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Website Under Reconstruction **

While Belize’s first Court House, a wooden structure, was built in 1818, it was not until June 26, 1820 that the first sitting of the Supreme Court was held. This rather drab wooden structure, that housed the Supreme Court’s first sitting, did not change until 1880 when a beautiful wooden building was constructed.

This Court House building, which was erected by Gustav Von Ohlafen, was completely destroyed by a fire that occurred on August 17, 1918. During that fire, the Governor at the time, Hart Bennett, was fatally injured while rendering his assistance to put out the fire. The Governor was hit by a flagpole that was cut down because it had caught fire. He died a few days later.

The present Supreme Court building, constructed of reinforced concrete, was completed in 1926 at a cost of $300,000.00 and was a model of the architecture of the previous building, with slight modifications. It was built by the Jefferson Construction Company, a firm that had its base in New Orleans. The company had come to Belize to build the Paslow Building when it was commissioned to build the Supreme Court building.

It is this same construction company that built the Belize City Swing Bridge in 1923 at a cost of $84,000.00. The bridge joined the north side, which was known as the island of Fort George at the time, to south side Belize City. The Jefferson Construction Company was also responsible for the construction of the seawall that is still in existence along the Fort George area.

On November 27, 1981, the Legal Aid Center was opened in Belize City to serve the legal needs of the poor. The Center administers legal aid and provides legal advice, assistance, referral and representation for those who are eligible. The center is geared towards low-income persons who meet eligibility guidelines and handles a full range of case types and services. General cases include family, land, civil and estate matters. Murder, civil matters that exceed $20,000, and company and other commercial matters are excluded from the center’s jurisdiction.

The type of service provided by the center depends largely on the type of legal problem facing the individual client. Most clients get immediate advice on their problem, including things they could do in order to resolve the problem on their own. Others are referred to an agency or service which can more appropriately resolve their immediate crisis or long-term problems.

The Center is governed by a local Board of Directors. While initially 51% of this Board was comprised of Bar Association Members, today the Bar Association makes up the entire Board. While the Center is usually staffed by one full-time attorney, a secretary, and an office manager, at present only an office manager is on staff at the Center. The Bar Association has plans to implement a mandatory roster system at the center to ensure that an attorney is present at all times.

The Legal Aid Center was initially funded by the United States Agency for International Development (USAID), the Caribbean Justice Improvement Project (CJIP), the Canadian University Services Overseas (CUSO), and the Canadian International Development Agency (CIDA). Today, the Center is funded completely by the Bar Association. There is also a $20 consultation fee, which is discretionary and is based on the matter at hand and the person’s financial capability. This assists with the operational expenses.

The Legal Aid Center is located in the Sir Albert Staine Building, 1 Treasury Lane, Belize City.

Supreme Court’s Legal Aid

In capital cases, legal aid is provided by the Registrar of the Supreme Court. In such cases, the Registrar appoints an attorney to act on the accused’s behalf. The maximum fee paid to such attorney is $1,000 BZE, which covers a retainer fee as well as a per diem allowance.

Foreword

It is the responsibility of everyone to help in the prevention of crime.

The police are however charged by law, with the special duty to prevent crime and where one has been committed, to investigate and ensure that the persons responsible are brought before the Courts.

The difficulties the police may encounter in this process cannot however, be underestimated.

But it is nonetheless vital for the core values of society, including the rule of law and the proper administration of justice that, even in the face of these sometimes exasperating difficulties, basic rules of fairness and respect for the fundamental human rights of the individuals be observed.

The national Constitution of Belize provides the underpinning for these rules and rights.

Awareness of an sensitivity to these concerns should, no doubt, be part of the training and equipment of the police.

Their observance by the police certainly enhances the best practice standards which will contribute tremendously in the fight against crime: when these standards are observed and adhered to, it is not only uplifting for the police but it enlists the support and cooperation of all law-abiding persons into the ranks of the police in the fight against those who are bent on breaking the laws of the country.

It is hopes that these revised Rules while underlining respect for fundamental human rights in police investigation of crimes will also at the same time enlist the support and cooperation of the public in this vital task.

A.O. Conteh
Chief Justice

29th May, 2000

Pursuant to section 60 of the Supreme Court of Judicature Act – Chapter 82 of the Laws of Belize: “JUDGES’ RULES: BEING GUIDELINES FOR THE INTERVIEWING OF PERSONS AND OBTAINING STATEMENTS FROM THEM WHILE IN POLICE CUSTODY.”
Rule 1.1
When a police officer is trying to discover whether, or by whom an offence has been committed he is entitled to question any person, whether suspected of not, from whom he thinks that useful information may be obtained. The police office can do this whether or not the person has been taken into custody provided he has not been charged with the offence or informed that he may be prosecuted for it.

1.2: A person whom there are grounds to suspect of an offence must be cautioned before any questions about it (or further questions if it is his answers to previous questions that provide grounds for suspicion) are put to him for the purpose of obtaining evidence which may be given to a court in a prosecution. The person need not be cautioned if questions are put to him for other purposes, for example, to establish his identity, or the ownership of any vehicle or the need to search him in the exercise of powers of stop and search.
Rule 2: Whenever a police officer has arrested or detained a person he should promptly inform the person of the reasons for his arrest and detention, and in any case, he must do so no later than 48 hours after such arrest and detention.
Rule 3: Whenever a police officer has arrested or detained a person, he must immediately inform that person that he is entitled to speak privately with an instruct a lawyer or, if the person is a minor, to speak with his parents or guardians.
Rule 4: A person must be cautioned upon arrest for an offence unless(a) it is impracticable to do so by reason of his condition or behavior at the time, or(b) he has already been cautioned immediately prior to arrest in accordance with paragraph 1.2 above.
Rule 5: The caution shall be in the following terms: “You do not have to say anything unless you wish to do so, but what you say may be taken down in writing and given in evidence.”
Rule 6: Whenever a police officer has made up his mind to charge a person with a crime, he should first caution that person before asking him any questions or any further questions as the case may be.
Rule 7.1:
Whenever a person is formally charged with an offence, the following caution shall be given to him:

“Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence.”

Care should be taken to avoid suggestion or impression that his answers can only be used in evidence against him, as this may prevent an innocent person from making a statement, which might assist to clear him of the charge.

7.2: If a person in custody wishes to volunteer any statement, the usual caution should be administered.
7.3 A person in custody making a voluntary statement must not be cross-examines on it, and no question should be put to him about it except for the purpose of clarifying ambiguity about what he has actually said. For instance, if he has mentioned an hour of the day without saying whether it was morning or evening, or has given a day of the week and a day of the month which do not agree, or has not made it clear to what individual or what place he intend to refer in some part of his statement, he may be questioned to clear up the point.
Rule 8.1 Any person in custody should not be questioned without the usual caution stated in Rule 5 above being administered first.
8.2 If a person in custody makes a statement before the usual caution is administered, the caution should be administered immediately thereafter before any further statement is taken from that person and the police officer shall certify on the statement the circumstances of its making.
Rule 9.1
Where after being cautioned, a person wishes to write down his statement himself, he should always be permitted to do so, in which case he shall be asked to write out and sign before writing what he wants to say, the following:

“I make this statement of my own free will, I understand that I need not say anything unless I wish to do so and that what I say may be given in evidence.”

Any person writing his own statement shall be allowed to do so without any prompting.

9.2 After he has finished the statement, the person making it should be asked to sign it.
9.3
If a person says that he would like someone to write his statement for him, a police officer shall write the statement, but before starting he must ask the person to sign or make his mark, to the following:

“I …., wish to make a statement. I want someone to write down what I say. I understand that I need not say anything unless I wish to do so and that what I say may be given in evidence.”

When a police officer writes the statement he must take down the exact words spoken by the person making it and he must not edit or paraphrase it. Any questions that are necessary (for example to make it more intelligible) and the answers give must be recorded contemporaneously on the statement form.

9.4
When the writing of a statement by a police officer is finished, the person making the statement shall be asked to read it and to make corrections, alterations or additions he wishes. When he has finished reading he shall be asked to write and sign or make his mark on the following certificate at the end of the statement:

“I have read the above statement, and I have been able to correct, alter or add anything I wish. This statement is true. I have made it of my own free will.”

If the person making the statement cannot read, or refuses to read it, or to write the above-mentioned certificate at the end of it or to sign it, the senior police officer present shall read it over to him and ask him whether he would like to correct, alter or add anything and to put his signature or make his mark at the end. The police officer shall then certify on the statement itself in the presence of the person what has occurred.

Rule 10:
If at any time after a person has been charged with or informed that he may be prosecuted for an offence a police officer wishes to bring to the notice of that person any statement made by another person of the content of an interview with another person, he shall hand to that person a true copy of any such statement or bring to his attention the content of the interview record, but shall say or do nothing to invite any reply. If the person charged wishes to make a statement in reply, the usual caution should be administered.

Rule 11:
Where in making a statement a person uses Creole, he should be encouraged to give it in ordinary English. If he insists on giving it in Creole the police officer recording the statement should check with him the meaning of what he says in ordinary English and record it in ordinary English.

If the person making the statement in Creole does not understand ordinary English the police officer should record as accurately as possible in ordinary English what he understands the person making the statement to be saying, and later should state the circumstances when giving evidence.

Rule 12:
Where the person making a statement makes it in a language other than English, the practice should be as follows –

(a) whenever it is practicable the statement should be written in the language spoken by the person making it;
(b) if it is not practicable to write the statement in the language spoken by the person making the statement, it should be written in the English language;
(c) after the completion of the statement it should be read back to the person making it in the language in which it was made; and the person making it should be invited to make any corrections he may wish and to sign it. Corrections should be written at the end of the statement;
(d) if the person who has made the statement refuses to sign it, the senior police officer present should record on the statement itself, and in the presence of the person making it, what happened, and should sign what he has written.

Rule 13:
Where the person making a written statement makes it in a language other than English, the following shall apply:

(a) whenever it is practicable the statement itself, all corrections, additions, or alterations thereto, any permissible questions and the answers thereto and all declarations and the Certificates should be written in the language spoken by the person making the statement;
(b) if it is not practicable to write the same in the language spoken by the person making the statement, they should be written in the English language;
(c) when the statement is written by the person making it any permissible questions and the answers thereto should be written on the statement by the interpreter (whether he be a Police Officer or otherwise) and where a statement is not written by the person making it, the statement, any permissible questions and answers and all corrections, additions and alterations thereto should be written by the interpreter;
(d) after the completion of a statement written by the interpreter, if the person who has made it is unable or unwilling to read it, the interpreter should read it over to him in the language in which it was given; likewise all questions put and the answers thereto and all corrections additions and alterations;
(e) an interpreter present when a statement is given should certify on the statement itself what he has done, and where the statement is recorded in English, he should certify on the statement the reason why it was not recorded in the language in which it was spoken. He should sign any such certificate.

Rule 14:
Whenever a police officer has arrested or detained a person, that person shall be brought before a court without unnecessary delay, and in any case not later than seventy-two hours after such arrest or detention.

Rule 15:
Persons other than police officers charged with the duty of investigating offences, or charging offenders shall, so far as may be practicable, comply with these Rules.

 

Rule 16: Failures to comply substantially with the provisions of these rules may result in a statement made by an accused person or person who subsequently becomes an accused person not being admitted in evidence.
Rule 17: The rules of practice known as the “Old Judges’ Rules” or by whatever name called intended to regulate matters provided for in these Rules shall no longer apply in Belize after the coming into effect of these Rules

PART II

Protection of Fundamental Rights and Freedoms

3. Whereas every person in Belize is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

(a) life, liberty, security of the person, and the protection of the law;

(b) freedom of conscience, of expression and of assembly and association;

(c) protection for his family life, his personal privacy, the privacy of his home and other property and recognition of his human dignity; and

(d) protection from arbitrary deprivation of property,

the provisions of this Part shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.

4.-(1) A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under any law of which he has been convicted.

(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection or mutiny; or

(d) in order to prevent the commission by that person of a criminal offence,

or if he dies as the result of a lawful act of war.

5.-(1) A person shall not be deprived of his personal liberty save as
may be authorised by law in any of the following cases, that is to say: –

(a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for Belize or some other country, in respect of a criminal offence of which he has been convicted;

(b) in execution of the order of the Supreme Court or the Court of Appeal punishing him for contempt of the Supreme Court or the Court of Appeal or of another court or tribunal;

(c) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;

(d) for the purpose of bringing him before a court in execution of the order of a court;

(e) upon a reasonable suspicion of his having committed, or
being about to commit, a criminal offence under any law;

(f) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period end- ing not later than the date when he attains the age of eighteen years;

(g) for the purpose of preventing the spread of an infectious or contagious disease;

(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

(i) for the purpose of preventing his unlawful entry into Belize, or for the purpose of effecting his expulsion, extradition or other lawful removal from Belize or for the purpose of restraining him while he is being conveyed through Belize in the course of his extradition or removal as a convicted prisoner from one country to another; or

(j) to such extent as may be necessary in the execution of a lawful order requiring him to remain within a specified area within Belize, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining him during any visit that he is permitted to make to any part of Belize in which, in consequence of any such order, his presence would otherwise be unlawful.

(2) Any person who is arrested or detained shall be entitled-

(a) to be informed promptly, and in any case no later than forty- eight hours after such arrest or detention, in a language he un- derstands, of the reasons for his arrest or detention;

(b) to communicate without delay and in private with a legal prac- titioner of his choice and, in the case of a minor, with his par- ents or guardian, and to have adequate opportunity to give instructions to a legal practitioner of his choice;

(c) to be informed immediately upon his arrest of his rights under paragraph (b) of this subsection; and

(d) to the remedy by way of habeas corpus for determining the validity of his detention.

(3) Any person who is arrested or detained-

(a) for the purpose of bringing him before a court in execution of the order of a court; or

(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law,

and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after such arrest or detention.

(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.

(5) If any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall, unless he is released, be entitled to bail on reasonable conditions.

(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting:

Provided that no person shall be liable for any act done in the performance of a judicial function for which he would not be liable apart from this subsection.

(7) For the purposes of subsection (1)(a) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in consequence of such a verdict shall be regarded as detention in
execution of the order of a court.

6.-(1) All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.

(2) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(3) Every person who is charged with a criminal offence-

(a) shall be presumed to be innocent until he is proved or has pleaded guilty;

(b) shall be informed as soon as reasonably practicable, in a language that he understands, of the nature and particulars of the offence charged;

(c) shall be given adequate time and facilities for the preparation of his defence;

(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice;

(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial,

and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence:

Provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court.

(4) A person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

(5) A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(6) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.

(7) Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.

(8) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public.

(9) Nothing in subsection (8) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authority-

(a) may by law be empowered to do and may consider neces- sary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceed- ings or in the interests of public morality, the welfare of per- sons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or

(b) may by law be empowered or required to do in the interests of defence, public safety or public order.

(10) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-

(a) subsection (3)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal
offence the burden of proving particular facts;

(b) subsection (3)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or

(c) subsection (5) of this section to the extent that the law in ques- tion authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplin- ary law.

(11) In the case of any person who is held in lawful detention the provisions of subsection (2) and paragraphs (d) and (e) of subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.

(12) In this section “criminal offence” means a criminal offence under a law.

7. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

8.-(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression “forced labour” does not include-

(a) any labour required in consequence of the sentence or order of a court;

(b) labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; or

(d) any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation.

9.-(l) Except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision-

(a) that is required in the interests of defence, public safety, public order, public morality, public health, town and country plan- ning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community;

(b) that is required for the purpose of protecting the rights or free- doms of other persons;

(c) that authorises an officer or agent of the Government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or to that authority or body corporate, as the case may be; or

(d) that authorises, for the purpose of enforcing the judgment or order of the court in any civil proceedings, the search of any person or property by order of a court or entry upon any pre- mises by such order.

10.-(l) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Belize, the right to reside in any part of Belize, the right to enter Belize, the right to leave Belize and immunity from expulsion from Belize.

(2) Any restriction on a person’s freedom of movement that is in-
volved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision-

(a) for the imposition of restrictions on the movement or residence within Belize of any person or on any person’s right to leave
Belize that are required in the interests of defence, public safety or public order;

(b) for the imposition of restrictions on the movement or resi- dence within Belize or on the right to leave Belize of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or, in respect of the right to leave Belize, of securing compliance with any international obligation of the Government;

(c) for the imposition of restrictions, by order of a court, on the movement or residence within Belize of any person or on any person’s right to leave Belize either in consequence of his having been found guilty of a criminal offence under a law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradi- tion or lawful removal from Belize;

(d) for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Belize;

(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Belize;

(f) for the imposition of restrictions on the movement or resi- dence within Belize or on the right to leave Belize of any of- ficer in the public service that are required for the proper per- formance of his functions;

(g) for the removal of a person from Belize to be tried or pun- ished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in res- pect of a criminal offence under a law of which he has been convicted; or

(h) for the imposition of restrictions on the right of any person to leave Belize that are required in order to secure the fulfilment of any obligation imposed on that person by law.

(4) If any person whose freedom of movement has been restricted

by virtue of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than twenty-one days after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who are legal practitioners.

(5) On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

11.-(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of his parent or guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own.

(3) Every recognised religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education.

(4) A person shall not be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required-

(a) in the interests of defence, public safety, public order, public morality or public health;

(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or

(c) for the purpose of regulating educational institutions in the interest of the persons who receive or may receive instruction in them.

(6) References in this section to a religion shall be construed as
including references to a religious denomination, and cognate expressions shall be construed accordingly.

12.-(l) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision-

(a) that is required in the interests of defence, public safety, public order, public morality or public health;

(b) that is required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or the technical operation of telephone, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments;
or

(c) that imposes restrictions on officers in the public service that are required for the proper performance of their functions.

 

13.-(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests or to form or belong to political parties or other political associations.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision-

(a) that is required in the interests of defence, public safety, public order, public morality or public health;

(b) that is required for the purpose of protecting the rights or free- doms of other persons;

(c) that imposes restrictions on officers in the public service that are required for the proper performance of their functions; or

(d) that is required to prohibit any association the membership of which is restricted on grounds of race or colour.

14.-(l) A person shall not be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. The private and family life, the home and the personal correspondence of every person shall be respected.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision of the kind specified in subsection (2) of section 9 of this Constitution.

15.-(1) No person shall be denied the opportunity to gain his living by work which he freely chooses or accepts, whether by pursuing a profession or occupation or by engaging in a trade or business, or otherwise.

(2) It shall not be inconsistent with subsection (1) of this section to require, as a condition for embarking upon or continuing work, the payment of professional fees, trade or business licence fees, or similar charges, or the possession of appropriate licences or qualifications.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision-

(a) that is required in the interests of defence, public safety, public order, public morality or public health;

(b) that is required for the purpose of protecting the rights or freedoms of other persons; or

(c) for the imposition of restrictions on the right to work of any person who is not a citizen of Belize.

16.-(l) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person or authority.

(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions,
colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-

(a) for the appropriation of public revenues or other public funds;

(b) with respect to persons who are not citizens of Belize;

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of per- sons of that description; or

(d) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disabil- ity or restriction or may be accorded any privilege or advan- tage that, having regard to its nature and to special circum- stances pertaining to those persons or to persons of any other such description, is reasonably justifiable.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment.

(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such
provision of law as is referred to in subsection (4) or subsection (5) of this section.

(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 10, 11, 12 and 13 of this Constitution, being such a restriction as is authorised by section 9(2), paragraph (a), (b) or (h) of section 10(3), section 11(5), section 12(2) or section 13(2), as the case may be.

(8) Nothing contained in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

17.-(l) No property of any description shall be compulsorily taken possession of and no interest in or right over property of any description shall be compulsorily acquired except by or under a law that-

(a) prescribes the principles on which and the manner in which reasonable compensation therefor is to be determined and given within a reasonable time; and

(b) secures to any person claiming an interest in or right over the property a right of access to the courts for the purpose of-

(i) establishing his interest or right (if any);

(ii) determining whether that taking of possession or acquisition was duly carried out for a public purpose in accordance with the law authorising the taking of possession or acquisition;

(iii) determining the amount of the compensation to which he may be entitled; and

(iv) enforcing his right to any such compensation.

(2) Nothing in this section shall invalidate any law by reason only that it provides for the taking possession of any property or the acquisition of any interest in or right over property-

(a) in satisfaction of any tax, rate or due;

(b) by way of penalty for breach of the law or forfeiture in conse- quence of a breach of the law;

(c) by way of taking a sample for the purposes of any law;

(d) as an incident of any deposit required to be made with the Government of a reasonable number of copies of every book, magazine, newspaper or other printed work published in Belize;

(e) where the property consists of an animal, upon its being found trespassing or straying;

(f) as an incident of a lease, tenancy, mortgage, charge, bill of sale or any other right or obligation arising under a contract;

(g) by way of requiring persons carrying on business in Belize to deposit money with the Government or an agency of the Gov- ernment for the purpose of controlling credit or investment in Belize;

(h) by way of the vesting and administration of trust property, en- emy property, the property of deceased persons, persons of unsound mind or persons adjudged or otherwise declared bank- rupt or the property of companies or other societies (whether incorporated or not) in the course of being wound up;

(i) in the execution of judgments or orders of courts;

(j) in consequence of any law with respect to the limitation of
actions;

(k) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants;

(l) for the purpose of marketing property of that description in the common interests of the various persons otherwise entitled to dispose of that property; or

(m) for so long only as may be necessary for the purpose of an examination, investigation, trial or enquiry or, in the case of land, the carrying out on the land-

(i) of work of soil conservation or the conservation of other natural resources; or

(ii) of agricultural development or improvement which the owner or occupier of the land has been required and has without reasonable and lawful excuse refused or failed to carry out.

18.-(1) In this Part “period of public emergency means any period during which –

(a) Belize is engaged in any war; or

(b) there is in force a proclamation by the Governor-General declaring that a state of public emergency exists; or

(c) there is in force a resolution of the National Assembly declar- ing that democratic institutions in Belize are threatened by sub-version.

(2) The Governor-General may, by proclamation which shall be
published in the Gazette, declare that a state of public emergency exists for the purposes of this Part.

(3) A proclamation made by the Governor-General under subsection (2) of this section shall not be effective unless it contains a declaration that the Governor-General is satisfied-

(a) that a state of war between Belize and another State is immi- nent or that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease, or other similar calamity; or

(b) that action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.

(4) A proclamation made under subsection (2) of this section may be made so as to apply only to such part of Belize as may be specified in the proclamation (in this subsection called “the emergency area”), in which case regulations made under subsection (9) of this section shall except as otherwise expressly provided in such regulations have effect only in the emergency area.

 

(5) A proclamation made by the Governor-General for the purposes of and in accordance with this section-

(a) shall, unless previously revoked, remain in force for a period not exceeding one month;

(b) may be extended from time to time by a resolution passed by the National Assembly for further periods, not exceeding in respect of each such extension a period of twelve months; and

(c) may be revoked at any time by a resolution of the National Assembly.

(6) A resolution of the National Assembly passed for the purposes of subsection (1)(c) of this section shall remain in force for two months or such shorter period as may be specified therein:

Provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding two months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a further resolution.

(7) A resolution of the National Assembly for the purposes of subsection (1)(c) of this section, and a resolution of the National Assembly extending or revoking any such resolution, shall not be passed unless it is supported by the votes of two-thirds of the members of the House of Representatives present and voting.

(8) Any provision of this section that a proclamation or resolution shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such proclamation or resolution whether before or after that time.

(9) During any period of public emergency, the following provisions shall have effect-

(a) the Governor-General may make such regulations as are necessary or expedient for securing public safety, the defence of Belize, the maintenance of public order and the suppression of mutiny, rebellion and riot, and for maintaining supplies and services essential to the life of the community;

(b) any such regulations may empower such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations are authorised by this subsection to be made and may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the regulations;

(c) any such regulations or any order or rule made in pursuance of such regulations may amend or suspend the operation of any law and shall have effect notwithstanding anything inconsistent therewith contained in any law;

(d) in this subsection, “law” does not include this Constitution or any provision thereof or any law that alters this Constitution or any provision thereof.

(10) Nothing contained in or done under the authority of any law (including any regulations made under subsection (9) of this section) shall
be held to be inconsistent with or in contravention of sections 5, 6, 8, 9, 10, 12, 13, 14, 15, 16, or 17 of this Constitution to the extent that the law in question makes in relation to any period of public emergency provision, or authorises the doing during any such period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during the period for the purpose of dealing with that situation.

19.-(l) When a person is detained by virtue of a law that authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists in Belize during that period, the following provisions shall apply, that is to say-

(a) he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands of the grounds upon which he is detained and furnished with a written state- ment in English specifying the particulars of those grounds;

(b) not more than fourteen days after the commencement of his detention, a notification shall be published in the Gazette stat- ing that he has been detained and giving particulars of the pro- vision of law under which his detention is authorised;

(c) not more than one month after the commencement of his de- tention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by an inde- pendent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who are legal practitioners;

(d) he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and

(e) at the hearing of his case by the tribunal appointed for the
review of his case he shall be permitted to appear in person or to be represented by a legal practioner of his own choice.

(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

(3) Nothing contained in subsection (l)(d) or subsection (l)(e) of this section shall be construed as entitling a person to legal representation at public expense.

20.-(l) If any person alleges that any of the provisions of sections 3 to 19 inclusive of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the Supreme Court for redress.

(2) The Supreme Court shall have original jurisdiction-

(a) to hear and determine any application made by any
person in pursuance of subsection (1) of this section; and

(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section,

and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 19 inclusive of this Constitution:

Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

(3) If in any proceedings in any court (other than the Court of Appeal or the Supreme Court or a court-martial ) any question arises as to the contravention of any of the provisions of sections 3 to 19 inclusive of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court unless, in his opinion, the raising of this question is merely frivolous or vexatious.

(4) Any person aggrieved by any determination of the Supreme Court under this section may appeal therefrom to the Court of Appeal:

Provided that no appeal shall lie from a determination of the Supreme Court under this section dismissing an application on the grounds that it is frivolous or vexatious.

(5) Where any question is referred to the Supreme Court in pursuance of subsection (3) of this section, the Supreme Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.

(6) Notwithstanding the validity of any law under section 9(2), 10(3), 11(5), 12(2), 13(2) or 16(4)(d) of this Constitution, any act or thing done under the authority of such law shall be unlawful if such act or thing is shown not to be reasonably required in the actual circumstances in which it is done.

(7) The Supreme Court shall have such powers in addition to those conferred by this section as may be conferred on it by the National Assembly for the purpose of enabling it more effectively to exercise the jurisdiction conferred on it by this section.

(8) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the Surpeme Court).

21. Nothing contained in any law in force immediately before Independence Day nor anything done under the authority of any such law shall, for a period of five years after Independence Day, be held to be inconsistent with or done in contravention of any of the provisions of this Part.

22.-(1) In this Part, unless the context otherwise requires-

“contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

“court” means any court of law having jurisdiction in Belize other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 4 and 8 of this Constitution a court established by a disciplinary law;

“disciplinary law” means a law regulating the discipline of any disciplined force;

“disciplined force means-

(a) a naval, military or air force;

(b) the Belize Police Department;

(c) a prison service; or

(d) any such other force or service as may be prescribed by the National Assembly;

“legal practitioner” means a person admitted and enrolled as an attorney-at-law under the laws of Belize;

“member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

(2) In relation to any person who is a member of a disciplined force of Belize, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Part other than sections 4, 7 and 8 of this Constitution.

(3) In relation to any person who is a member of a disciplined force of a country other than Belize that is lawfully present in Belize, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Part.

PART VIII

The Public Service

105.-(l) There shall be for Belize a Public Services Commission which shall consist of a Chairman and eighteen other members who shall include as ex- officio members the Chief Justice, the Solicitor General, the Permanent Secretary, Establishment, the Permanent Secretary to the Ministry of Home Affairs, the Permanent Secretary to the Ministry of Defence, the Permanent Secretary to the Ministry for the time being responsible for the Prison Service, the Superintendent of Prisons, the Commissioner of Police, the Director, Security and Intelligence Service and the Commandant of the Belize Defence Force.

(2) The Chairman and other members of the Commission, other than the ex officio members, shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition.

(3) No person shall be qualified to be appointed as a member of the Commission if he is a member of the National Assembly or, save in respect of the ex officio members, if he holds or is acting in any public office.

(4) Save in respect of the ex officio members, a person shall not, while he holds or is acting in the office of a member of the Commission or within a period of two years commencing from the date on which he last held or acted in that office, be eligible for appointment to any public office.

(5) Subject to the provisions of this section, the office of a member of the Commission shall become vacant-

(a) at the expiration of three years from the date of his appoint- ment or such earlier time, being not less than two years, as may be specified in the instrument by which he was appointed; or

(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appoint- ment as such.

(6) A member of the Commission may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.

(7) A member of the Commission shall be removed from office by the Governor-General if the question of the removal of that member from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor-General that that member ought to be removed from office for inability as aforesaid or for misbehaviour.

(8) If the Prime Minister represents to the Governor-General that the question of removing a member of the Commission under this section ought to be investigated, then-

(a) the Governor-General shall refer the matter to the Belize Ad- visory Council which shall sit as a tribunal in the manner pro- vided in section 54 of this Constitution; and

(b) the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor-General and ad- vise the Governor-General whether that member of the Commission should be removed under this section.

(9) If the question of removing a member of the Commission from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the member from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the member should not be removed from office.

(10) If the office of a member of the Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor-General may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission, and any person so appointed shall, subject to the provisions of subsections (6), (7), (8) and (9) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.

(11) In the exercise of its functions the Commission shall be so
organised that of the eighteen members other than the Chairman:-

(a) five, of whom the Permanent Secretary, Establishment shall be an ex-officio member, shall be responsible for matters relating to the public service other than the judicial and legal services, the Police Department, the Security and Intelligence Service, the National Fire Service, the Prison Service and the military service;

(b) two, being ex-officio the Chief Justice and the Solicitor Gen- eral, shall be responsible for matters relating to the judicial and legal services;

(c) four, of whom the Permanent Secretary to the Ministry of Defence and the Commandant of the Belize Defence Force shall be ex-officio members, shall be responsible for matters relating to the military service; and

(d) three, of whom the Permanent Secretary to the Ministry of Home Affairs and the Commissioner of Police shall be ex-
officio members, shall be responsible for matters relating to the Police Force and the National Fire Service; and

(e) three, of whom the Permanent Secretary to the Ministry of Home Affairs and the Director, Security and Intelligence Ser- vice shall be ex-officio members, shall be responsible for matters relating to the Security and Intelligence Service;

(f) two, being ex-officio the Permanent Secretary to the Minis- try for the time being responsible for the Prison Service and the Superintendent of Prisons, shall be responsible for mat- ters relating to the Prison Service;

and in considering the matters referred to, the Commission shall comprise the members responsible for that matter and the Chairman.

(12) A member of the Commission shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.

(13) The Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

(14) The Commission may by regulation make provision for regulating and facilitating the performance of its functions under this Constitution.

(15) Subject to the provisions of this section, the Commission may regulate its own procedure.

(16) Any decision of the Commission shall require the concurrence of a majority of all the members thereof and, subject to its rules of procedure, the Commission may act notwithstanding the absence of any member other than the Chairman:

Provided that, in the exercise of its responsibilities for any matter referred to in subsection (11) of this section, any decision of the Commission shall require the concurrence of a majority of those persons comprising the Commission for the purposes of that matter.

Provided further that in any matter before the Commission or any section thereof, where the votes are equally divided, the Chairman shall have a casting vote in addition to his original vote.

 

(17) In subsection (11) of this section-

“judicial and legal services” means service in the offices of Registrar General, Deputy Registrar General, Registrar, Deputy Registrar and Assistant Registrar of the Supreme Court, Registrar and Deputy Registrar of the Court of Appeal, Chief Magistrate, Magistrate, Legal Draftsman, Law Revision Counsel, Crown Counsel, Legal Assistant and such other public offices requiring a legal qualification as the Attorney-General may from time to time, by order published in the Gazette, prescribe;

“military service” means service in the Belize Defence Force or in any other military, naval or air force established for Belize.

106.-(1) The power to appoint persons to hold or act in offices in the public service (including the power to transfer or confirm appointments), and, subject to the provisions of section 111 of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Public Services Commission constituted for each case as prescribed in section 105(11) of this Constitution.

(2) In subsection (1) of this section, “public service” includes the military service, as defined in section 105(17) of this Constitution.

(3) Subject to the provisions of this Constitution, the Governor-General, acting in accordance with the advice of the Minister or Ministers responsible for the public service given after consultation with the recognised representatives of the employees or other persons or groups within the public service as may be considered appropriate, may make regulations on any matter relating to-

(a) the formulation of schemes for recruitment to the public service;

(b) the determination of a code of conduct for public officers;

(c) the fixing of salaries and privileges;

(d) the principles governing the promotion and transfer of public officers;

(e) measures to ensure discipline, and to govern the dismissal and retirement of public officers, including the procedures to be followed;

(f) the procedure for delegation of authority by and to public officers; and

(g) generally for the management and control of the public service.

(4) The Public Services Commission shall, in the exercise of its functions under this section, be governed by regulations made under subsection (3) of this section.

(5) The Public Services Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the Commission or, with the consent of the Prime Minister, to any public officer.

(6) The provisions of subsection (1) of this section shall not apply in relation to the following offices, that is to say-

(a) any office to which section 107 of this Constitution applies;

(b) the offices of justice of the Supreme Court and Justice of Appeal;

(c) the office of Auditor-General;

(d) the office of Director of Public Prosecutions; or

(e) any office to which section 110 or section 110A or section 110B of this Constitution applies.

(7) No person shall be appointed under this section to or to act in any office on the Governor-General’s personal staff except with the con-currence of the Governor-General, acting in his own deliberate judgment.

(8) A public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the Judicial and Legal Services section of the Public Services Commission concurs therein.

107.-(l) This section applies to the offices of Financial Secretary, Deputy Financial Secretary, Secretary to the Cabinet, Solicitor General, Permanent Secretary, head of a department of Government, Commissioner of Police, Director, Security and Intelligence Service, Commandant, Belize Defence Force, Ambassador, High Commissioner or principal representative of Belize in any other country or accredited to any international organisation and, subject to the provisions of this Constitution, any other office designated by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Public Services Commission.

(2) The power to appoint persons to hold or to act in offices to which this section applies (including the power to transfer or to confirm appointments) and, subject to the provisions of section 111 of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the advice of the Prime Minister.

(3) References in this section to a department of Government shall not include the office of the Governor-General, the department of the Director of Public Prosecutions or the department of the Auditor General.

108.-(1) The Director of Public Prosecutions shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Section of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition.

(2) A person shall not be qualified for appointment to hold or act in the office of Director of Public Prosecutions unless he is qualified to be appointed as a justice of the Supreme Court.

(3) If the office of Director of Public Prosecutions is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Section of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition, may appoint a person to act as Director.

(4) A person appointed to act in the office of Director of Public Prosecutions shall, subject to the provisions of subsections (5), (7), (8) and (9) of this section, cease so to act-

(a) when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when
the person in whose place he is acting resumes the functions of that office; or

(b) at such earlier time as may be prescribed by the terms of his appointment.

(5) Subject to the provisions of subsection (6) of this section, the Director of Public Prosecutions shall vacate his office when he attains the age of sixty years or such other age as may be prescribed by the National Assembly:

Provided that any law enacted by the National Assembly, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Director of Public Prosecutions, shall not have effect in relation to that person unless he consents that it should have effect.

(6) The Director of Public Prosecutions may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.

(7) The Director of Public Prosecutions shall be removed from office by the Governor-General if the question of his removal from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(8) If the Prime Minister represents to the Governor-General that the question of removing the Director of Public Prosecutions under this section ought to be investigated, then-

(a) the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in section 54 of this Constitution; and

(b) the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether he should be re- moved under this section.

(9) If the question of removing the Director of Public Prosecutions from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend him from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that he should not be removed from office.

109.-(1) The Auditor-General shall be appointed by the Governor- General, acting in accordance with the advice of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition.

(2) If the office of Auditor-General is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition, may appoint a person to act as Auditor-General.
(3) A person appointed to act in the office of Auditor-General shall, subject to the provisions of subsections (4), (6), (7) and (8) of this section, cease so to act-

(a) after a person is appointed to hold that office and has as- sumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of
that office; or

(b) at such earlier time as may be prescribed by the terms of his appointment.

(4) Subject to the provisions of subsection (5) of this section, the Auditor-General shall vacate his office when he attains the age of sixty years or such other age as may be prescribed by the National Assembly:

Provided that any law enacted by the National Assembly, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Auditor-General, shall not have effect in relation to that person unless he consents that it should have effect.

(5) The Auditor-General may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.

(6) The Auditor-General shall be removed from office by the Governor-General if the question of his removal from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(7) If the Prime Minister represents to the Governor-General that the question of removing the Auditor-General under this section ought to be investigated, then-

(a) the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in section 54 of this Constitution; and

(b) the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether he should be re- moved under this section.

(8) If the question of removing the Auditor-General from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend him from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that he should not be removed from office.

110.-(1) Power to appoint persons to hold or act in any office in the Police Department (including power to confirm appointments) below the rank of Inspector and to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the Commissioner of Police.

(2) The Commissioner of Police may, subject to such conditions as he thinks fit, delegate any of his powers under this section, by directions in writing, to any other officer of the Police Department.

110A.-(1) The power to appoint persons to hold or act in any office in the Security and Intelligence Service (including power to confirm appointments) to the rank of Grade III of that Service or below and to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the Director of the Service subject to the approval of the Minister for the time being responsible for the Service.

(2) The Director, Security and Intelligence Service may, subject to such conditions as he thinks fit, delegate any of his powers under this section, by directions in writing, to any senior officer of the Service.

110B-(1) The power to appoint persons to hold or act in any office in the Prison Service (including power to confirm appointments) below the rank of Principal Officer, and to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office, shall vest in the Superintendent of Prisons.

(2) The Superintendent of Prisons may, subject to such conditions as he thinks fit, delegate any of his powers under this section, by directions in writing, to any other senior officer of the Prison Service.

111.-(1)This section applies to-

(a) any decision of the Governor-General, acting in accordance with the advice of the Prime Minister or the Public Services Commission as the case may be, in relation to the public service, or any decision of the Public Services Commission to remove a public officer from office or to exercise disci- plinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 106(5) of this Constitution);

(b) any decision of any person to whom powers are delegated under section 106(5) of this Constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the Public Services Commission); and

(c) if it is so provided by the National Assembly, any decision of the Commissioner of Police under subsection (1) of section 110 of this Constitution, or of a person to whom powers are delegated under subsection (2) of that section, to remove a police officer from office or to exercise disciplinary control over a police officer;

(d) if it is so provided by the National Assembly, any decision of the Superintendent of Prisons under subsection (1) of section 110B of this Constitution, or of a person to whom powers are delegated under subsection (2) of that section, to remove an officer in the Prison Service from office or to exercise disci- plinary control over such officer.

(2) Subject to the provisions of this section, an appeal shall lie to the Belize Advisory Council from any decision to which this section applies at the instance of the public officer in respect of whom the decision is made:

Provided that in the case of any such decision as is referred to in subsection (1)(c) of this section, an appeal shall lie in the first instance to the Commissioner of Police if it is so provided by the National Assembly or, if it is not so provided, if the Commissioner so requires.

(3) Upon an appeal under this section the Belize Advisory Council may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies could have made.

(4) Subject to the provisions of section 54 of this Constitution, the Belize Advisory Council may by regulation make provision for-

(a) the procedure in appeals under this section; or

(b) excepting from the provisions of subsection (2) of this section decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be prescribed.

(5) Regulations made under this section may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government for the purpose of the exercise of the functions of the Belize Advisory Council.

(6) In this section, “public officer” includes any person holding or acting in an office in the military service as defined in section 105(17) of this Constitution.

112.-(l) The law to be applied with respect to any pensions benefits that were granted to any person before Independence Day shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

(2) The law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shall-

(a) in so far as those benefits are wholly in respect of a period of service as a public officer that commenced before Indepen- dence Day, be the law that was in force immediately before that date; and

(b) in so far as those benefits are wholly or partly in respect of a period of service as a public officer that commenced after Independence Day, be the law in force on the date on which that period of service commenced, or any law in force at a later date not less favourable to that person.

(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws.

(4) All pensions benefits shall (except to the extent to which, in the case of benefits under the Widows’ and Orphans’ Pensions Act or under any law amending or replacing that Act, they are a charge on a fund established by that Act or by any such law and have been duly paid out of that fund to the person or authority to whom payment is due) be a charge on the general revenues of Belize.

(5) In this section, “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service.

(6) References in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits.

113.-(1) The power to grant any award under any pensions law for the time being in force in Belize (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law, shall vest in the Governor-General.

(2) The power vested in the Governor-General by the preceding subsection shall be exercised by him-

(a) in the case of officers to whom section 107 of this Constitution applies, acting in accordance with the advice of the Prime Minister;

(b) in the case of all other officers, acting in accordance with the advice of the Public Services Commission.

(3) In this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependents or personal representatives of that person, of an award in respect of the services of that person
in a public office, and includes any instrument made under any such law.

	DR. NICHOLAS LIVERPOOL, JUSTICE OF THE COURT OF APPEAL
	MANUEL SOSA, C.B.E., S.C JUSTICE OF THE COURT OF APPEAL
	CURRICULUM VITAE: TROADIO JOHN GONZALEZ

 

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DR. NICHOLAS LIVERPOOL
JUSTICE OF THE COURT OF APPEAL

Dr. Nicholas Liverpool taught law at the University of the West Indies, Barbados, for several years. Dr. Liverpool, of Dominica, is a well-known authority on the laws of the Commonwealth Caribbean countries. He was called to the Bar by the Inner Temple, London, in 1961 and obtained his doctorate from Sheffield University, England, in 1965. He has held high judicial and legal posts in the Caribbean countries.

Dr. Liverpool was a Justice of Appeal for Belize from 1990 to 1992. From 1993 to 1995, he was a Judge of the Eastern Caribbean Court of Appeal. He has also served as a Judge of the Court of Appeal of Grenada. He was at one time a Judge of the High Court of Antigua and Montserrat.

Dr. Liverpool was the Law Revision Commissioner for preparing a revised edition of the Subsidiary Laws of Belize, which was published in 1992. He also prepared a new Criminal Code for Belize in 1980. He was closely associated with Belize as the Project Director of the Caribbean Justice Improvement Project.

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MANUEL SOSA, C.B.E., S.C
JUSTICE OF THE COURT OF APPEAL

Born in Corozal Town, Justice Sosa has 24 years’ standing in the legal profession, having been called to the Bar in Belize in 1976. He was elevated to the position of Senior Counsel in 1986. He served as a member of the Belize Advisory Council for 10 years from 1987 to 1997. In 1993, he temporarily served as a Justice of the Supreme Court. In February of 1998, he left his law practice and was appointed as a Supreme Court judge. In 1998, he was also honoured by Her Majesty the Queen who conferred upon him the title of Commander of the Most Excellent Order of the British Empire. In January 2000, he was appointed as a Justice of the Court of Appeal.

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CURRICULUM VITAE: TROADIO JOHN GONZALEZ

1. Personal Particulars

Name: TROADIO JOHN GONZALEZ

Date & Place of Birth: 28 December, 1941 – Belize

Nationality: Belizean

Profession: Attorney-at-law

Post: Justice of the Supreme Court of Belize since April1, 1993

Marital Status: Married. Two daughters.

2. Education and Institutions Attended

1. University of the West Indies (Barbados and Jamaica) – Law Faculty

2. Norman Manley Law School, Jamaica (Council of Legal Education – UWI)

3. Educational and Professional Qualifications

1. Bachelor of Law – UWI

2. Legal Education Certificate – Norman Manley Law School

3. Attended several legal and judicial seminars overseas

4. Career History

1. Director of Public Prosecutions from April1, 1991 to March 31, 1993.

2. Chief Magistrate from March 1988 to March 31, 1991.
Magistrate for six months.

3. Crown Counsel at the Director of Public Prosecution’s Office from 1981 to 1988.

4. Member of the Advisory Committee of UWI’s School of Continuing Studies in Belize City.

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