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Summary Jurisdiction (Offences) Act


Published: 2000

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CAP. 098 SUMMARY JURISDICTION (OFFENCES) ACT BELIZE

SUMMARY JURISDICTION (OFFENCES) ACT

CHAPTER 98

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 (OFFENCES) ACT 8

Amendments in force as at 31st December, 2000.

BELIZE

SUMMARY JURISDICTION (OFFENCES) ACT

CHAPTER 98

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 (OFFENCES) ACT 8

Amendments in force as at 31st December, 2000.

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

Printed by the Govenment Printer,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Summary Jurisdiction (Offences) [CAP. 98

[ ]

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CHAPTER 98

SUMMARY JURISDICTION (OFFENCES)

ARRANGEMENT OF SECTIONS

1. Short title.

PART I

Preliminary

2. Interpretation.

PART II

Miscellaneous Summary Jurisdiction Offences

Petty Misdemeanours

3. Offences punishable as petty misdemeanours.

Petty Offences

4. Petty offences.

5. Proof of unlawful purpose or intent.

6. Removal of derelict vehicles.

Vagrants

7. Idle and disorderly person.

8. Rogue and vagabond.

9. Incorrigible rogue.

10. Incorrigible rogue, punishment.

11. Idle and disorderly person, etc., found in hotel, etc.

12. Power to seize things in possession of idle and disorderly person,

etc.

13. Form of conviction.

Drunkenness

14. Drunkenness.

Suppression of Brothels

15. Keeping brothel.

16. Determination of tenancy.

17. Search warrant for persons suspected of being held for immoral

purposes.

18. Trading on prostitution.

Dancing-House

19. Dancing in town after midnight.

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the Government of Belize.

Summary Jurisdiction (Offences) [CAP. 98

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Indecency and Obscenity

20. Circulation of or traffic in obscene objects.

21. Power to search for, seize and destroy obscene objects.

22. Summary proceedings against persons affixing, etc., indecent or

obscene pictures or printed or written matter.

23. Indecent advertisement.

24. Bathing in public insufficiently clothed.

Printers and Publishers Names, Etc.

25. Name and address of printer and publisher to be disclosed.

PART III

Offences against Rights of Property

Wilful Trespass

26. Wilful trespass notwithstanding notice.

27. Trespass to land by night.

28. Trespass to private premises or to enclosed or cultivated land.

29. Trespasser refusing to quit or give his name, etc., may be

apprehended.

30. Mode of dealing with article found in possession of wilful trespasser.

31. Dealing with animal or thing brought on land by wilful trespasser.

32. Wilful trespass with vessel on private wharf notwithstanding notice.

33. Wilful trespass on land between high and low-water marks notwith-

standing notice, and fishing therefrom.

34. Wilful trespass on land between high-water and low-water marks,

notwithstanding notice, and cutting wood thereon.

35. Saving of certain rights of pathway.

36. Trespass with intent to steal or damage.

37. Penalty for wilful trespass.

38. Injury to notice forbidding trespass.

39. Assistance in apprehension of wilful trespasser.

40. Prevention of squatting.

Trespasses to Personalty

41. Punishment for unlawfully taking beast or boat.

42. Damages and costs may be awarded.

43. Court may acquit of stealing and find guilty of unlawful trespass and

shall assess damages.

44. Release of person convicted on payment of damages and costs.

45. Damages go to complainant, costs into general revenue.

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Summary Jurisdiction (Offences) [CAP. 98

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46. Saving of royal prerogative of pardon.

Detention of Property

47. Power of the court with respect to unlawful detention of articles.

48. Disposal or retention by workman of article committed to his care.

49. Making of complaint under this Part.

PART IV

Crimes Triable Summarily

Triable as Summary Offences Without Consent Of Accused

50. Certain crimes declared summary conviction offences and limitation

of jurisdiction.

Crimes Triable Summarily Only With Consent

of Accused

51. Summary trial of crimes.

52. Abetment of, and attempt to commit, crimes triable summarily.

53. Duty to surrender.

54. Amendment of laws.

55. Deportees.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

CHAPTER 98

SUMMARY JURISDICTION (OFFENCES)

[9th May, 1953]

1. This Act may be cited as the Summary Jurisdiction (Offences) Act.

PART I

Preliminary

2.-(1) In this Act, unless the context otherwise requires:-

“beast” includes any horse, mare, gelding, colt, filly, pony, mule, ass, bull,

ox, cow, heifer, steer, ram, sheep, lamb, goat, pig or any beast of draught or

burden;

“boat” includes any vessel, bateau, punt, scow, dorey, pitpan, barge, sloop

or any other craft;

Ch. 23,

R.L., 1958.

CAP. 99,

R.E. 1980-1990.

14 of 1967.

8 of 1970.

33 of 1980.

6 of 1986.

5 of 1987.

22 of 1987.

16 of 1990.

5 of 1991.

11 of 1992.

28 of 1994.

18 of 1998.

Short title.

Interpretation.

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Summary Jurisdiction (Offences) [CAP. 98

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“derelict vehicle” means a vehicle that appears to the competent authority (as

defined in section 6), by reason of its condition, to have been abandoned:

Provided that for the purposes of this definition the opinion of the compe-

tent authority shall be prima facie evidence of the truth of the matters therein

contained, and in forming an opinion, the competent authority may, if it thinks

fit, take into account-

(a) the fact that the wheels or any of them, the

engine or other parts have been removed;

(b) any other factors taken together with the

fact that the vehicle was unlicensed during the

immediately preceeding period of six months;

“goods” means any goods, chattels or effects, or any animal or bird, or other

living thing which may by this Act be the subject of stealing;

“local authority” means the Belize City Council established under the Belize

City Council Act, a Town Council established under the Town Councils Act,

and in the case of Belmopan, the Belmopan City Council established under the

Belmopan City Council Act;

“owner” includes any tenant or occupier and the attorney, agent or servant of

an owner;

“person”, “owner” and other words and expressions of the same kind include

Her Majesty and all governments, public bodies, bodies corporate, societies

and companies, in relation to the acts and things they are capable of doing and

owning respectively;

“possession” includes constructive as well as actual possession, and the right to

possession;

CAP. 85.

CAP. 87.

CAP. 86.

5 of 1991.

“premises” includes land, whether covered with water or not, canal, trench,

pond, yard, garden, stelling, wharf, house or other property;

“public place” means any public place, road, church, chapel, court, courtyard,

public office or room in which any public duty is carried on or performed, or

to which the public have access;

“public way” means any highway, market-place, square, street, bridge or other

way lawfully used by the public;

“street” includes any highway, public road, square, market-place, alley, thor-

oughfare, public passage or court in which several families may reside, and

having one common entrance, whether with or without any door or gate;

“the competent authority” means a local authiority or a transport officer ap-

pointed under the Motor Vehicles and Road Traffic Act;

“vehicle” includes any cart, sledge, caravan, carriage, wagon, wain, truck,

barrow or other vehicle on wheels, however drawn or propelled, used to

carry persons, loads or burdens.

(2) Subject to this Act, expressions defined in the Summary Jurisdiction

(Procedure) Act, which are also used in this Act shall have the meanings given

to them in that Act.

(3) Crimes created by the Criminal Code which are-

(a) constituted summary conviction offences under section 50 of

this Act, and

(b) triable summarily under section 51 of this Act,

shall be interpreted and construed in accordance with the definitions and ex-

planations contained in that Code and, accordingly, all the words and expres-

CAP. 99.

CAP. 101.

CAP. 230.

5 of 1991.

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Summary Jurisdiction (Offences) [CAP. 98

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sions defined in the Code shall have application for that purpose.

PART II

Miscellaneous Summary Jurisdiction Offences

Petty Misdemeanours

3.-(1) A person who-

(i) unlawfully and wilfully damages any public building,

wall, parapet, sluice, bridge, causeway, jetty, road,

path, paving, sewer, watercourse or other public

property within Belize; or

(ii) wantonly or maliciously breaks or injures any lamp or

lamp-post, or any gate, post, paling, railing, wall or

steps set up for public or private convenience, or any

tiles, slates, shingles, sign-boards or windows; or

(iii) knowingly takes in exchange from any boatman or other

person not being the owner of any boat any thing belong-

ing to any boat in any harbour, river or creek adjacent

thereto, or to any part of the cargo of any such boat, or

any stores or articles in charge of the owner or master

of any such boat; or

(iv) unlawfully cuts, damages or destroys any of the ropes,

cables, cordage, tackle, headfasts or machinery or

other furniture of or belonging to any boat lying in any

harbour or river, or in a creek adjacent thereto, with

intent to steal or otherwise unlawfully obtain it or any

part thereof; or

Offences

punishable as

petty

misdemeanours.

Breaking lamp,

etc., set up for

public

convenience.

Taking things in

exchange from

boat.

Cutting or

destroying

ropes, etc., of

boat.

(v) looses, pierces, cuts, opens, breaks or otherwise in-

jures any cask, box or package containing wines, spi-

rits or other liquors on board any boat, or in or upon

any warehouse, wharf, quay, jetty or bank, with in-

tent feloniously to steal or otherwise unlawfully obtain

any part of the contents thereof, or runs to waste any

part of the contents thereof; or

(vi) wilfully causes to be broken, pierced, started, cut, torn

or otherwise injured, any cask, chest, bag or other

package containing any goods while on board any

boat lying in any river or any jetty, creek, wharf, quay,

beach, bank, waterside or landing-place adjacent to

it, or on its way to or from any warehouse with intent

that the contents of such package or part thereof may

be spilled or dropped from such package or be other-

wise wasted, destroyed or injured; or

(vii) commits any of the offences mentioned in paragraphs

(xxix), (xxx) and (xxxi) of section 4 (1), having been

previously deemed an idle and disorderly person; or

(viii) pretends or professes to tell fortunes, or uses any

subtle craft or device by palmistry, obeah or any such

like superstitious means to deceive and impose upon

any person whomsoever; or

(ix) maliciously fabricates or knowingly spreads abroad

or publishes, whether by writing or by word of

mouth or otherwise, any false news or false report

tending to create or foster public alarm or to prod-

duce public detriment; or

Damaging casks

on board boat.

Causing package

to be broken open.

Idle and disorderly

person refusing to

maintain family,

etc.

Pretence to tell

fortunes.

Spreading false

news.

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Summary Jurisdiction (Offences) [CAP. 98

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(x) wanders abroad and lodges in any outhouse or in

any deserted or unoccupied building, or in the open

air, or in any vehicle or boat, not having visible

means of subsistence and not giving a good account

of himself; or

(xi) wilfully exposes to view in any street or any public

place, or in the window of any house or shop in any

street or public place, any obscene print, picture or

other indecent exhibition; or

(xii) wilfully, openly, lewdly or obscenely exposes his

person in any street, river or harbour, or in any

place in view thereof, or in any place of public

resort; or

(xiii) wanders abroad and endeavours by the exposure of

wounds or deformities to obtain or gather alms; or

(xiv) goes about as a gatherer or collector of alms, or

endeavours to procure charitable contributions of

any nature or kind under any false or fraudulent

pretence; or

(xv) runs away and leaves his wife or his or her child or

children chargeable, or whereby she or they or any

of them becomes chargeable, on any public fund; or

(xvi) has in his custody or possession any pick-lock, key,

crow, jack, jemmy, bit or other implement with

intent feloniously to break into any dwelling-house,

warehouse, store, shop, office, church, chapel, cellar,

boiling-house, curing-house, distilling-house, out-

house, stable or building, or is armed with any gun,

Wandering or

lodging in

unoccupied

building, etc.

Indecent

exhibition.

Exposing person

in public.

Gathering alms.

Fraudently

obtaining

charitable

contributions

Running away

from family.

Possession of

house-breaking

implements.

pistol, hanger, cutlass, machete, sheathknife, razor,

club, bludgeon or other offensive weapon with intent

to commit any felonious act; or

(xvii) is found in or upon any dwelling-house, warehouse,

stable or outhouse, or in any enclosed or unen-

closed yard, garden, court or other place for any

unlawful purpose, or being found in any of those

places, does not give a satisfactory account of

himself; or

(xviii) being a suspected person or reputed thief frequents

any harbour, river, canal or navigable stream, dock

or basin, or any quay, wharf or warehouse near or

adjoining thereto, or any place of public resort, or

any avenue leading thereto or any street, or any

place adjacent to any street with intent to commit a

felony; or

(xix) being apprehended for an offence on conviction of

which he may be deemed an idle and disorderly

person, violently resists any police officer so appre-

hending him, and is subsequently convicted of the

offence for which he has been so apprehended; or

(xx) allows any kite or the tail, string or any portion

thereof or any sort or description of thing hanging

therefrom or attached thereto, to fall on or become

entangled with any telephone, telegraph or electric

light wire; or

(xxi) without due authority affixes or attempts to affix any

placard, advertisement, notice, list, document, board

Found in dwelling-

house.

Frequent

harbours, etc., to

commit felony.

Apprehended

person assaulting

police officer.

Entangling kite

with telephone.

Affixing placard,

etc., on building.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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Summary Jurisdiction (Offences) [CAP. 98

[ ]

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or other thing on, or paints, tars, marks, cuts, disfig-

ures or drives nails or any other thing into any post,

building, erection or other thing whatever used in the

construction, maintenance, working or management

of any electric light system or of any telegraph or tele-

phone system in Belize; or

(xxii) in any street or in any public place or private enclo-

sure, or in any house or in any yard or lot whether

open or enclosed, or in or on any other place what-

ever within any of the towns or villages of Belize or

within one hundred yards outside the limits of any

such town or village, wantonly or without reason-

able excuse discharges any firearms; or

(xxiii) throws or discharges any fireworks or sets any bon-

fire, or causes any fireworks to be thrown or discharged

or any bonfire to be set, without the written permission

of a police officer first had and obtained,

is guilty of a petty misdemeanour.

(2) In relation to paragraphs (xxii) and (xxiii) of subsection (1)-

(a) in addition to any punishment to which any person offending

against either of those paragraphs may be liable, all firearms or

fireworks found on or in the possession of any such offender

shall be liable to be forfeited; and

(b) any person convicted under either of those paragraphs after a

previous conviction for the same offence shall be liable to im-

prisonment without the option of a fine for any period not

exceeding six months.

Discharging

firearms in

public.

Fireworks.

(3) In relation to paragraph (xxiii) of subsection (1), the permission men-

tioned therein shall specify the area within, the day upon and the hours be-

tween which such fireworks may be thrown or discharged or bonfire set, and

the conditions, if any, upon which the permission is granted.

(4) A person guilty of a petty misdemeanour shall be liable as follows:-

(a) for the first offence, to a fine not exceeding three hundred

dollars or to imprisonment for a term not exceeding six months;

(b) for a second or subsequent offence (whether it be the same or

any other petty misdemeanour), to a fine not exceeding six

hundred dollars or to imprisonment for a term not exceeding

one year.

Petty Offences

4.-(1) A person who-

(i) permits any unmuzzled ferocious dog to be at large,

or sets on or urges any dog or other animal to

attack, worry or put in fear any person or beast; or

(ii) by negligence or ill-usage in driving any beast causes

any mischief to be done by such beast, or in any wise

misbehaves himself in the driving, care or manage-

ment of such beast; or

(iii) not being hired or employed to drive any beast, wan-

tonly or unlawfully pelts, drives or hurts any such beast;

or

Petty offences.

Unmuzzled

ferocious dog.

Negligently

driving beast.

Wantonly injuring

beast.

28 of 1994.

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Summary Jurisdiction (Offences) [CAP. 98

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(iv) rides or drives furiously so as to endanger the life or

limb of any person, or to the common danger or ter-

ror of the passengers in any street; or

(v) by means of any vehicle or beast wilfully obstructs

any public crossing or street; or

(vi) leads or rides any beast or draws or drives any ve-

hicles upon any footway or curbstone, or fastens any

beast in a manner which enables it to wander across

or upon any footway or sideway; or

(vii) rolls or carries any cask, tub, hoop or wheel, or any

ladder, plank, pole, showboard or placard upon any

footway or sideway, except for the purpose of load-

ing or unloading any vehicle or of crossing the footway

or sideway; or

(viii) without the consent of the owner or occupier affixes

any posting-bill or other paper against or upon any

building, wall, fence, paling, post or tree, or chalks or

paints, or in any other way whatever wilfully breaks,

destroys or damages any part of such building, wall,

fence, paling, post or any fixture or appendage there-

unto, or wilfully damages any tree, shrub, border, hedge

or plant in any public walk or garden; or

(ix) being a common prostitute or night-walker loiters or is

in any street or public place for the purpose of prosti-

tution or solicitation to the annoyance of the inhabi-

tants or passengers or behaves in a riotous and inde-

cent manner; or

Endangering life

or limb by

furious riding,

etc.

Obstructing

public crossing.

Rides, etc., on

footway.

Carrying cask,

etc., along

footway.

Affixing bills to

buildings, etc.

Loitering for

prostitution.

(x) sells or distributes, or offers for sale or distribution, or

exhibits to public view, any profane, indecent or ob-

scene book, paper, print, drawing, photograph, paint-

ing or representation, or sings any profane or obscene

song or ballad, or writes or draws any indecent or

obscene word, figure or representation upon any wall,

door, window, shutter, paling or other conspicuous

place, or upon any paper and exposes the said paper

to public view, or uses any profane, indecent or ob-

scene language in any street or in any public place, to

the annoyance of any other person; or

(xi) uses to or at any other person or in the hearing of any

person, any threatening, abusive, profane, obscene,

indecent or insulting words or behaviour, whether cal-

culated to lead to a breach of the peace or not, such

several offences being committed in a street, or pub-

lic place, or in a private enclosure or ground; or

(xii) in any street or public place or in any private enclo-

sure or ground is guilty of disorderly conduct, or in

any street or public place or within public hearing or

public view unlawfully fights with any other person; or

(xiii) by day or night, carries fire or a lighted torch or candle

not enclosed in a lantern, or smokes or strikes any

light in any field of sugar canes, any megass-house or

megass-yard; or

(xiv) wilfully disturbs any meeting or assembly, or any con-

gregation lawfully assembled for religious worship or

for any religious service or rite in any burial ground,

or disturbs or molests any person thereat; or

Selling, etc.,

obscene articles.

Using threatening

etc., words or

behaviour.

Disorderly

conduct.

Carrying fire

dangerously.

Disturbing

religious meeting,

etc.

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Summary Jurisdiction (Offences) [CAP. 98

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(xv) wantonly throws or discharges any stone or other

missile to the damage or danger of any person or glass

or window, tiles, shingles or slate; or

(xvi) wilfully or wantonly disturbs any inhabitant by pulling

or ringing any doorbell or knocking at any door with-

out lawful excuse, or wilfully and unlawfully extin-

guishes the light of any lamp; or

(xvii) flies any kite, or plays at any game to the annoyance

of the inhabitants or passengers; or

(xviii) stands or loiters about to the annoyance of the passers-

by, or interferes with or impedes the free passage of

foot passengers; or

(xix) commits any wanton or mischievous act causing dam-

age or annoyance not otherwise defined in this Act; or

(xx) throws or places any dirt, litter or ashes, or any car-

rion, fish, offal, bottles, broken glass or rubbish, or

throws or causes any such thing to fall into any sewer,

pipe or drain, or into any stream or watercourse, pond

or reservoir for water, or causes any offensive matter

to run from any house or other place into any street or

thoroughfare, or into any uncovered place, whether or

not surrounded by a wall or fence; or

(xxi) whether by night or day in a public or private place,

throws or causes to fall into any canal any matter

other than night soil; or

Throwing

missiles.

Wantonly

ringing door-

bell.

Annoying

persons by

playing at games.

Impeding foot-

passengers.

General

mischievous act.

Throwing

rubbish in

streets, etc.

Throwing things

in canal.

(xxii) throws any refuse, litter or rubbish in or upon any pub-

lic road or street, or upon the seashore or canal-bank,

except upon such places as are appointed to be used

as dust heaps or receptacles of rubbish or litter; or

(xxiii) keeps any pigsty to the front of any street or road not

being shut out from such street or road by a sufficient

wall or fence, or keeps any swine in or near any street,

or in any dwelling so as to be a common nuisance; or

(xxiv) empties any privy or cesspool, or removes along any

thoroughfare any night soil or other offensive matter,

between the hours of four in the morning and nine in

the evening, or carelessly slops or spills any such of-

fensive matter in the removal thereof and fails to sweep

and clean thoroughly every place in which any such

offensive matter has been slopped or spilled; or

(xxv) being the occupier of a house or other tenement,

does not keep all footways, ditches and water-

courses adjoining the premises occupied by him

reasonably swept and cleaned; or

(xxvi) exposes anything for sale upon or so as to hang over

any carriage-way or footway, or on the outside of

any house or shop, or sets up or continues any pole,

blind, awning, line or any other projection from any

window, parapet, or other part of any house, shop or

other building so as to cause any annoyance or ob-

struction in any thoroughfare; or

(xxvii) in any street washes or cleans any beast; or

Throwing litter,

etc., in

thoroughfare, etc.

16 of 1990.

Keeping pigsty

near street.

Removing night

soil.

Sweeping

footways.

Exposing goods

for sale over

footway, etc.

Washes animal in

street.

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Summary Jurisdiction (Offences) [CAP. 98

[ ]

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(xxviii) in any street or public place is guilty, while drunk, of

riotous or disorderly behaviour, or is drunk while in

charge on any street or public place of any vehicle,

beast or steam engine, or is drunk when in possession

of any loaded firearm or of any cutlass, machete or

sheath-knife; or

(xxix) being able wholly or in part to maintain himself or

his family by work or other means, wilfully refuses

or neglects so to do; or

(xxx) being a common prostitute wanders in any street or

place of public resort and behaves in a riotous and

indecent manner; or

(xxxi) wanders abroad or places himself in any public place,

street, court or passage to beg or gather alms, or causes

or procures, or encourages any child or children so to

do; or

(xxxii) deposits or throws the carcass of any dead animal,

or causes the same to be thrown or deposited, in any

part of any town or into any canal, river, creek or

caye in or adjacent to any town, or leaves or causes

the same to be left upon the shores thereof; or

(xxxiii) being the occupier of any premises or place within any

town, or the owner of any such premises or place if

unoccupied, neglects to keep clean all private avenues,

passages, yards, privies and ways within the said pre-

mises, so as by such neglect to cause a nuisance by

offensive smell or otherwise; or

Various offences

whilst drunk.

Neglecting to

maintain himself.

Common

prostitute.

Wandering

abroad to

collect alms.

Depositing dead

animal in

inhabited place.

Failure to clean

private premises

(xxxiv) in any river, estuary, creek or harbour, without lawful

authority removes any boat from its usual anchorage

or mooring, or from the place where it was last left by

the owner or person in charge thereof, or his boat-

men or servants, or removes out of any boat any mast,

sail or other boat-furniture, or uses such boat or boat-

furniture, without the consent of the owner or other

lawful authority; or

(xxxv) knowingly harbours or entertains any member of the

Police Department, or permits such member to abide

or remain, on any premises licensed for the sale of

fermented or spirituous liquors or in any house, shop,

room or other place during any part of the time ap-

pointed for his being on duty elsewhere; or

(xxxvi) sells or delivers or permits any other person to sell or

deliver any description of fermented or spirituous li-

quor to any person apparently under the age of four-

teen years; or

(xxxvii) knowingly sends any false telegram to any person with

intent to aggrieve or annoy any person; or

(xxxviii)signs the name of any other person to any petition,

prospectus or testimonial, knowing that he has no

authority for so doing and with intent to aggrieve or

annoy any person; or

(xxxix) in any street or public place without lawful authority

or excuse (the proof whereof shall be on the party

accused) accosts a passenger or follows him about;

or

Removing boat,

etc., in harbour

without

permission.

Harbouring police

constable.

42 of 1999.

Selling spirits to

child.

Sending false

telegram.

Unauthorised

signature.

Following

passenger about.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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Belmopan, by the authority of

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Summary Jurisdiction (Offences) [CAP. 98

[ ]

23

(xl) wilfully or wantonly shouts or vociferates or makes

any other loud or unseemly noise near any inhabited

house after being required to depart; or

(xli) loiters or carouses in any street or public place or in

any open space of ground in the immediate neigh-

bourhood of such street or public place or in or

about any shop or store and does not quietly leave or

move away when desired so to do by any police con-

stable or by the owner of such shop or store; or

(xlii) while loitering or carousing as provided in paragraph

(xli) above,threatens, insults or causes annoy-

ance to a passerby; or

(xliii) unlawfully enters in an insulting, annoying or threatening

manner upon any premises belonging to or in the pos-

session of any other person; or

(xliv) unlawfully enters upon any premises belonging to or

in the possession of any other person after being

forbidden so to do; or

(xlv) unlawfully enters and remains on any premises belong-

ing to or in the possession of any other person after

being required to depart therefrom; or

(xlvi) having lawfully entered upon any premises be-

longing to or in the possession of any other person,

misconducts himself by behaving thereon in an insult-

ing, annoying or threatening manner; or

Boisterous

behaviour.

Loitering in

street.

Insulting

passerby while

loitering.

18 of 1998.

Annoying

entry.

Entry after being

forbidden.

Remaining on

premises after

request to

depart.

Misconduct

after lawful

entry.

(xlvii) having lawfully entered upon any premises be-

longing to or in the possession of any other person,

remains thereon after being lawfully required to depart

therefrom, or

(xlviii) without lawful authority or excuse, wilfully and

wantonly pulls down, tears, defaces, soils or other-

wise damages any posting-bill or notice affixed upon

any building, wall, fence, pile or tree,

is guilty of a petty offence.

(2) In relation to paragraph (xxiii) of subsection (1), it shall be lawful for

the convicting magistrate to allow a reasonable time at his discretion to the

person convicted for the removal of such nuisance, within which time no fur-

ther conviction shall be made on account of such nuisance.

(3) In relation to paragraph (xxv) of subsection (1), if any tenement is

empty or unoccupied, the owner thereof shall be deemed the occupier with

reference to that enactment.

(4) The provisions of paragraphs (xxi) to (xxvi) of subsection (1), shall

only extend and be applicable to matters which occur within the limits of any

town by law established.

(5) In relation to paragraph (xxxi) of subsection (1), no person shall be

deemed to be an offender under that paragraph by reason of any such begging

or gathering of alms as aforesaid, or by reason of his causing or procuring or

encouraging any child so to do, unless it is made to appear to the satisfaction

of the magistrate before whom he is charged with such offence, that the of-

fender could by his own labour or other lawful means, or from any public

funds appointed for that purpose, have been provided with the necessaries of

life.

Remaining after

request to depart.

Pulling down

posting-bill, etc.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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[ ]

25

(6) In respect of breaches of the provisions of paragraphs (xxviii) to (xxxi)

imprisonment, for any term not exceeding two months, may be imposed instead

of a fine.

(7) In relation to paragraph (xxxii) of subsection (1), the owner of any

animal, the carcass of which is deposited or thrown as in that paragraph de-

scribed shall be deemed to have so thrown or deposited such carcass unless

such owner proves affirmatively that it was deposited or thrown without his

knowledge, consent, connivance or default.

(8) In relation to paragraphs (xliii) to (xlvii) of subsection (1), an informa-

tion for any of those offences shall be laid by the owner or occupier of such

premises.

(9) Every person who is guilty of a petty offence shall be liable as follows:-

(a) for the first offence, to a fine not exceeding two hundred dol-

lars or to imprisonment for a term not exceeding two months;

(b) for a second or subsequent offence (whether it be the same or

any other petty offence or petty misdemeanour), to a fine not

exceeding four hundred dollars or to imprisonment for a term

not exceeding six months.

(10) Notwithstanding anything contained in this Act, a person guilty of an

offence under paragraph (xxxix) (following passerby), (xli) (loitering in public

place) or (xlii)(a) (insulting passerby while loitering) may be arrested without

warrant by a police officer and shall be liable on summary conviction to a fine

not exceeding five hundred dollars or to imprisonment for a term not exceeding

six months.

5. In relation to any offence in sections 3 and 4 in respect of which it is

necessary to prove unlawful purpose or intent to commit a felony-

Proof of

unlawful

purpose or

intent.

28 of 1994.

18 of 1998.

(a) in proving the unlawful purpose or intent to commit a felony it

shall not be necessary to show that the person suspected was

guilty of any particular act or acts tending to show his purpose

or intent and he may be convicted if, from the circumstances

of the case, and from his known character as proved to the

court before whom or which he is brought, it appears to such

court that his purpose or intent was as alleged;

(b) the concealment or carrying of any house-breaking implement

or of any tool, such as is mentioned in paragraph (xvi) of sub-

section (1) of section 3, about the person of anyone brought

before a magistrate by virtue of this Act on suspicion shall be

prima facie evidence of intent to commit a felony and shall be

sufficient to justify the conviction of such person unless such

concealment or carrying is satisfactorily explained, and every

such implement or weapon shall become forfeited.

6.-(1) Where a derelect vehicle is left or caused to be left in a public place,

the competent authority may give notice to the owner or the person so leaving

or causing the same to be left requiring him within forty-eight hours of such

notice to remove the derelict vehicle.

(2) A notice under subsection (1) may be given by affixing it to the

windshield or some other conspicuous part of the derelict vehicle.

(3) A person who fails to comply with the requirements of a notice under

subsection (1) is guilty of an offence and is liable on summary conviction to a

fine not exceeding five hundred dollars and to a further fine not exceeding one

hundred dollars for every day during which the failure is continued after con-

viction, and the competent authority may, without prejudice to any further

proceedings for a fine in respect of such failure, remove the derelict vehicle so

left or caused to be left and may recover the expenses reasonably incurred in

so doing from the person in default summarily as a civil debt.

Removal of

derelict vehicles.

5 of 1991.

5 of 1991.

5 of 1991.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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Summary Jurisdiction (Offences) [CAP. 98

[ ]

27

(4) Without prejudice to subsection (3), if a vehicle is not removed within

the specified time in compliance with a notice given under subsection (1), then,

subject to subsections (8) and (9) below, such vehicle shall be deemed to have

been abandoned and forfeited to the Crown.

(5) Without prejudice to the power of the competent authority to remove a

derelict vehicle upon failure to comply with a notice issued under subsection

(1) above, the competent authority may at any time without giving such notice

remove any derelict vehicle found in a public place.

(6) Every person who intentionally and without lawful cause removes or

defaces or causes it to be removed or defaced a notice affixed to a vehicle in

accordance with subsection (2) shall be guilty of an offence and shall be liable

on summary conviction to a fine not exceeding five hundred dollars.

(7) Subject to subsection (8) below, where any vehicle has been deemed

to have been abandoned and forfeited to the Crown in pursuance of subsection

(4), such vehicle shall be disposed of in such manner as the Minister of Finance

may direct:

Provided that where the competent authority is a local authority, such ve-

hicle may be disposed of by the local authority and the sale proceeds credited

to the account of such authority.

(8) If, before a derelict vehicle is disposed of by the competent authority in

pursuance of subsection (7), the derelict vehicle is claimed by a person who

satisfies the competent authority that he is its owner and pays the competent

authority any expenses incurred in respect of its removal and storage, the com-

petent authority shall permit him to remove the derelict vehicle from its custody

during such period as may be specified by the competent authority.

(9) Where the competent authority disposes of a derelict vehicle by selling

it and before the expiration of three months from the date of sale any person

satisfies the competent authority that at the time of such sale he was the owner

5 of 1991.

5 of 1991.

5 of 1991.

5 of 1991.

5 of 1991.

5 of 1991.

of the derelict vehicle, the competent authority shall pay over to him any sum

by which the proceeds of sale exceed the aggregate of the expenses incurred

in respect of the removal, storage and disposal of the derelict vehicle.

(10) Where any derelict vehicle is removed or disposed of in pursuance of

the provisions of this section, no action, suit or other cause shall lie against the

competent authority or the Government, or their agents or servants, unless it is

shown that such removal or disposal was motivated by malice or fraud.

Vagrants

7. A person committing any of the offences mentioned in paragraphs

(xxix), (xxx) and (xxxi) of section 4 (1) shall be deemed an idle and disor-

derly person.

8. A person committing any of the offences mentioned in paragraphs

(vii) to (xix) of section 3 (1) shall be deemed a rogue and vagabond.

9. A person who-

(a) breaks or escapes out of any place of legal confinement or

out of lawful custody before the expiration of the term for

which he was committed or ordered to be confined in con-

sequence of a conviction under paragraphs (vii) to (xix) of

section 3 (1), or paragraphs (xxix), (xxx), and (xxxi) of sec-

tion 4 (1); or

(b) commits any offence against any of the paragraphs (vii) to

(xix) of section 3 (1) (which subjects him to be dealt with as a

rogue and vagabond), he having been previously convicted of

any such offence; or

Idle and disorderly

person.

Rogue and

vagabond.

Incorrigible rogue.

5 of 1991.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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Summary Jurisdiction (Offences) [CAP. 98

[ ]

29

(c) upon being apprehended for an offence in respect of which he

is liable to be deemed a rogue and vagabond, violently resists

any police constable or other peace officer so apprehending

him, and being subsequently convicted of the offence for which

he was so apprehended,

shall be deemed an incorrigible rogue.

10. A person who is convicted before a magistrate of being an incorrigible

rogue shall be committed to prison until the next ensuing sitting of the Supreme

Court within the Northern or Southern District, as the case may be, and the

Supreme Court shall inquire into the circumstances of the case, and may, if it

thinks fit, order such offender to be further imprisoned for any term not ex-

ceeding one year, which sentence shall have the same effect as if he had been

convicted on indictment before the Supreme Court.

11.-(1) A person deemed an idle and disorderly person, or a rogue and vaga-

bond or an incorrigible rogue, under the provisions of this Act who is found in

any hotel, club or house kept or purporting to be kept for the reception, lodging

or entertainment of travellers and fails to give a satisfactory account of himself

is guilty of a petty misdemeanour.

(2) A magistrate or a Justice of the Peace upon information upon oath

being made before him that any person described in sections 7, 8, and 9 as an

idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue

is, or is reasonably suspected to be, harboured or concealed, in any hotel, club

or house kept or purporting to be kept for the reception, lodging or entertainment

of travellers may by warrant under his hand, authorise any police officer, peace

officer or other person or persons to enter into such hotel, club or house afore-

said and to apprehend and take before a magistrate every such idle and disor-

derly person, rogue and vagabond or incorrigible rogue who is found therein,

to be dealt with in accordance with the provisions of this Act.

Incorrigible

rogue,

punishment.

Idle and

disorderly

person, etc.,

found in hotel,

etc.

12.-(1) A police officer, peace officer, or other person apprehending any per-

son suspected of committing an offence in respect of which he is liable to be

deemed an idle and disorderly person or a rogue and vagabond or an incorri-

gible rogue, may take any vehicle, beast or goods in the possession or use of

such person, and convey the same as well as such person before a magistrate.

(2) Every magistrate by whom any person is adjudged to be an idle and

disorderly person, or a rogue and vagabond or an incorrigible rogue, may

order that such offender be searched, and that his trunks, boxes, bundles,

parcels or packages be examined in the presence of the said magistrate and of

the said offender, and also that any vehicle which was found in his possession

or use be searched in the offender’s presence.

13. Every summary conviction under this Act as an idle and disorderly

person, or as a rogue and vagabond or as an incorrigible rogue shall be in the

form in the First Schedule, or to the effect thereof, or as near thereto as cir-

cumstances will permit, and the clerk shall keep it on record in his office.

Drunkenness

14. A person found drunk in any highway or other public place, whether a

building or not, or on any licensed premises is liable on summary conviction to

a fine not exceeding one hundred dollars.

Suppression of Brothels

15.-(1) A person who-

(a) keeps or manages, or acts or assists in the management of

a brothel; or

(b) being the tenant, lessee, occupier or person in charge of any

premises, knowingly permits such premises or any part thereof

to be used as a brothel; or

Power to seize

things in

possession of idle

and disorderly

person, etc.

Form of

conviction.

First Schedule.

Drunkenness.

Keeping brothel.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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Summary Jurisdiction (Offences) [CAP. 98

[ ]

31

(c) being the lessor or landlord of any premises, or the agent of

such lessor or landlord, lets the same or any part thereof with

the knowledge that such premises or some part thereof are or

is to be used as a brothel; or

(d) being the lessor or landlord of any premises, or the agent of

such lessor or landlord, is wilfully a party to the continued use

of such premises or any part thereof, as a brothel,

is guilty of an offence and is on summary conviction liable-

(i) in the case of a first conviction, to a fine not exceeding

five hundred dollars or to imprisonment for a term not

exceeding six months; and

(ii) in the case of a second or subsequent conviction, to a

fine not exceeding one thousand dollars or to impri-

sonment for a term not exceeding twelve months.

(2) In the case of a third or subsequent conviction, a person may, in

addition to such fine or imprisonment as aforesaid, be required by the court to

enter into a recognisance in a sum not exceeding one thousand dollars, with or

without sureties, to the satisfaction of the court to be of good behaviour for any

period not exceeding twelve months, and in default of entering into such

recognisance, with or without sureties, as the case may be, such person may be

imprisoned for any term not exceeding three months, in addition to any fine or

term of imprisonment imposed as aforesaid.

(3) Where a person is convicted of an offence under paragraphs (a) or

(b) of subsection (1), the Commissioner of Police shall cause a certified copy

of the conviction to be served on the proprietor, the landlord and the agent, if

any, of the premises to which the conviction relates.

(4) In this section-

“agent” means a person who lets premises on behalf of a lessor or landlord or

collects rent in respect of the premises on behalf of the lessor or landlord or is

authorised by him so to do;

“brothel” means a place where people of opposite sexes are allowed to resort

for illicit intercourse, whether the women are common prostitutes or not and

includes a common ill-governed or disorderly house.

16.-(1) Upon the conviction of the tenant, lessee or occupier of any premises

of knowingly permitting the premises, or any part thereof, to be used as a

brothel, the landlord or lessor shall be entitled to determine the lease or other

contract but without prejudice to the rights or remedies of any party to such

lease or contract accrued before the date of such determination.

(2) If the landlord or lessor should so determine the lease or other con-

tract of tenancy, the court which has convicted the tenant, lessee or occupier

shall have power to make a summary order for delivery of possession to the

landlord or lessor.

(3) If the landlord or lessor, after a conviction for an offence as described

in subsection (1) has been brought to his notice, fails to exercise his rights

under subsection (1) and subsequently during the subsistence of the lease or

contract any such offence is again committed in respect of the premises, the

landlord or lessor shall be deemed to have knowingly aided or abetted the

commission of the offence, unless he proves that he has taken all reasonable

steps to prevent the recurrence of the offence.

(4) Where a landlord or lessor determines a lease or other contract under

the powers conferred by this section and subsequently grants another lease or

enters into another contract of tenancy to, with or for the benefit of the same

person without causing to be inserted in the lease or contract all reasonable

provisions for the prevention of a recurrence of any such offence as aforesaid,

Determination of

tenancy.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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Summary Jurisdiction (Offences) [CAP. 98

[ ]

33

he shall be deemed to have failed to exercise his rights under this section, and

any such offence as aforesaid committed during the subsistence of the subse-

quent lease or contract shall be deemed, for the purposes of this section, to

have been committed during the subsistence of the previous lease or contract.

17.-(1) Where it is made to appear to a magistrate by information on the oath

of any parent, relative or guardian, or any other person who, in the opinion of

the magistrate, is bona fide acting in the interest of any woman or girl, or a

member of the Police Department not below the rank of sergeant, that there is

reason to suspect that any woman or girl is unlawfully being detained for im-

moral purposes by any person in any place within his jurisdiction, the magis-

trate may issue a warrant empowering and authorising any member of the Police

Department to enter the said place or premises and any room or other part

thereof, by force if necessary, at any hour of the day or night and to search the

same for, and when found to take to and detain in a place of safety, such woman

or girl until she can be brought before a magistrate.

(2) The warrant shall be sufficient authority for the making of as many en-

tries and searches, within the period of fourteen days from the date of the

warrant, as may be considered necessary for any of the said purposes.

(3) The magistrate before whom a woman or girl is brought pursuant to an

entry and search under this section may cause her to be delivered up to her

parents or guardian, or otherwise dealt with as circumstances may permit and

require.

(4) A magistrate issuing a warrant under this section may, by the same or

any other warrant, cause any person accused of unlawfully detaining such woman

or girl to be apprehended and brought before a magistrate and proceedings to

be taken for punishing such person according to law.

(5) A woman or girl shall be deemed to be unlawfully detained for immoral

purposes if she is so detained for the purpose of being unlawfully and carnally

known by any man, whether any particular man or generally, and-

Search warrant

for persons

suspected of

being held for

immoral

purposes.

42 of 1999.

(a) is under the age of sixteen years; or

(b) if of or over the age of sixteen years, and under the age of

eighteen years, is so detained against her will, or against the

will of her father or mother, or of any other person having

the lawful care or charge of her; or

(c) if of or above the age of eighteen years, is so detained

against her will.

18.-(1) A person who-

(a) being a male person, knowingly lives wholly or in part on

the earnings of prostitution; or

(b) being a male person, in any public place persistently solicits

or importunes for immoral purposes; or

(c) loiters about, or importunes any person in any street or other

place for the purpose of prostitution,

is guilty of an offence and is on summary conviction liable-

(i) in the case of a first conviction, to a fine not exceeding

one hundred dollars or to imprisonment for a term not

exceeding six months; and

(ii) in the case of a second or subsequent conviction, to

imprisonment for a term not exceeding twelve months.

(2) If it is made to appear to a court of summary jurisdiction by infor-

mation on oath that there is reason to suspect that any house, or any part of a

house, is used by a female for purposes of prostitution, and that any male

person residing in or frequenting the house is living wholly or in part on the

Trading on

prostitution.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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Summary Jurisdiction (Offences) [CAP. 98

[ ]

35

earnings of the prostitute, the court may issue a warrant authorising any police

officer to enter and search the house and to arrest that male person.

(3) Where a male person is proved to live with, or to be habitually in the

company of, a prostitute and has no visible means of subsistence, he shall,

unless he can satisfy the court to the contrary, be deemed to be knowingly living

on the earnings of prostitution.

Dancing-House

19.-(1) The occupier of any house or building in a town in which a dance is held

after the hour of twelve midnight of any day shall, at least twelve hours before

the commencement thereof, apply for and obtain from the Commissioner of

Police or other chief officer of police of the district in which the house or build-

ing is situate, a permit to hold it.

(2) A member of the police department may enter into any house or build-

ing in which a dance is being held after the hour of twelve midnight and require

the occupier to produce the permit to hold the same for his inspection. Failure

to produce a permit on such requirement shall be deemed a failure to obtain a

permit under subsection (1).

(3) Every occupier of a house or building who holds any dance, or permits

any dance to be held in any such house or building in his occupation, without

obtaining a permit as required by this section is guilty of an offence and is on

summary conviction liable to a fine not exceeding one hundred dollars.

(4) If in the opinion of the Commissioner of Police or such other chief

officer of police the holding of the dance will cause unreasonable annoyance or

disturbance in the neighbourhood, he may refuse to grant a permit to hold it and

thereupon the occupier may forthwith appeal to the magistrate of the district in

a summary manner.

Dancing in town

after midnight.

42 of 1999.

(5) “Dance” includes any exhibition, performance, amusement or other

like entertainment at which any musical instrument is played and to which the

public is admitted for payment.

Indecency and Obscenity

20. A person who-

(a) for the purposes or by way of trade, or for distribution or

public exhibition, makes or produces, or has in his posses-

sion, or imports, conveys or exports, or causes to be imported,

conveyed or exported, or in any manner whatever puts into

circulation, any obscene writing, drawing, print, painting,

printed matter, picture, poster, emblem, photograph, cine-

matograph film or any other obscene object; or

(b) carries on or takes part in a business, whether public or pri-

vate, concerned with any of those obscene matters or things,

or deals in any of them in any manner whatever, or distributes

them, or exhibits them publicly, or makes a business of lend-

ing them; or

(c) advertises or makes known by any means whatever in view

of assisting in that circulation or traffic, that any person is en-

gaged in any of the above acts, or advertises or makes known

how or from whom any of the obscene matters or things afore-

said may be procured either directly or indirectly,

is guilty of an offence and is on conviction liable to a fine not exceeding two

hundred and fifty dollars or to imprisonment for six months.

21.-(1) On proof upon oath before a magistrate or a Justice of the Peace that

there is reasonable cause to suspect that any of the obscene matters or things

mentioned in section 20 are kept in any house, shop, room or other place,

Circulation of or

traffic in obscene

objects.

Power to search

for, seize and

destroy obscene

objects.

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Summary Jurisdiction (Offences) [CAP. 98

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within the limits of his jurisdiction for any of the purposes mentioned in that

section, the magistrate or other justice of the peace may authorise, by warrant

under his hand, any police officer to enter in the daytime, by force, if necessary,

that house, shop, room or other place, and to search for, seize, and take before

a magistrate any of the obscene matters or things found in the house, shop,

room or other place.

(2) Upon any matters or things seized under a warrant being brought be-

fore him, a magistrate shall, if satisfied that they or any of them are or is ob-

scene, issue a summons requiring the occupier of the house, shop, room or

other place to appear before him to show cause why those matters or things

should not be destroyed.

(3) If the occupier or some other person claiming to be the owner of the

matters or things does not appear before the magistrate or, though appearing,

fails to satisfy the magistrate that the matters or things were not being kept for

any of the purposes aforesaid, the magistrate shall order the matters or things to

be destroyed forthwith, however the magistrate may stay the execution of the

order in respect of any of the matters and things aforesaid he may consider

should be preserved for use in further proceedings or, on application being

made in that behalf by any interested party, he may stay the execution pending

an appeal.

(4) If the magistrate is satisfied that any matters or things seized under a

warrant are not obscene or were not being kept for any of the purposes afore-

said, he shall direct that they be returned forthwith to the house, shop, room or

other place in which they were seized.

22. A person who-

(a) affixes to or inscribes on any house, building, wall, hoarding,

gate, fence, pillar, post, board, tree or any other thing what-

ever so as to be visible to a person being in or passing along

any street, public highway or footpath; or

Summary

proceedings

against persons

affixing, etc.,

indecent or

obscene

pictures or

written matter.

(b) affixes to or inscribes on any public urinal; or

(c) delivers or attempts to deliver, or exhibits, to any inhabitant

or to any person being in or passing along any street, public

highway or footpath; or

(d) throws within the area of any house; or

(e) exhibits to public view in the window of any house or shop,

any picture or printed or written matter which is of an in-

decent or obscene nature,

shall on summary conviction, be liable to a fine not exceeding twenty-five

dollars or, in the discretion of the court, to imprisonment for any term not

exceeding one month.

23. Any advertisement relating to syphilis, gonorrhoea, nervous debility

or other complaint or infirmity arising from or relating to sexual intercourse,

shall be deemed to be printed or written matter of an indecent and obscene

nature within the meaning of section 22 if it is affixed to or inscribed on any

house, building, wall, hoarding, gate, fence, pillar, post, board, tree or any

other thing whatever, so as to be visible to any person being in, or passing

along, any public place, or is affixed to or inscribed on any public urinal, or is

delivered or attempted to be delivered to any person being in, or passing

along, any public way or public place.

24. A person who, not being sufficiently and decently clothed, bathes in the

daytime in the sea, or in any river, creek, stream, trench, canal or other place,

near or within sight from any public way or public place shall, on conviction

thereof, be liable to a fine of ten dollars.

Indecent

advertisement.

Bathing in public

insufficiently

clothed.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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[ ]

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Printers and Publishers Names, Etc.

25.-(1) A person who prints or publishes any publication shall cause to be

printed, typewritten or written at the foot thereof or in some other conspicuous

place therein in legible characters the true names and addresses of the printer

and publisher of such publication.

(2) A person who fails to comply with this section is liable on summary

conviction to a fine not exceeding five hundred dollars or to imprisonment for a

term not exceeding six months, or to both such fine and term of imprisonment.

(3) “Publication” includes any book, circular, pamphlet, handbill, poster or

any other publication in writing.

PART III

Offences Against Rights of Property

Wilful Trespass

26.-(1) A person who wilfully trespasses on any premises belonging to an-

other, on or near to which there is posted up in one or more conspicuous place

or places, a notice in large legible letters, forbidding in general terms all persons

to trespass, and warning them that they will be prosecuted for so doing without

leave of the owner of the premises, shall be deemed a wilful trespasser.

(2) A trespasser described in this section may be apprehended and de-

tained by the owner or by any person whom the owner may call to his assis-

tance, and shall be taken without delay before a magistrate or to a police sta-

tion, to be dealt with according to law.

27.-(1) A person found between the hours of eight o’clock in the evening of

any day and six o’clock in the morning of the next day in or on any premises or

cultivated lands, or in any interval between cultivated lands other than a path

Name and

address of

printer and

publisher to be

disclosed.

Wilful trespass

notwithstanding

notice.

Trespass to

land by night.

permitted to be used by the general public, or in or about the works of any

sugar estate, who, on being taken before a magistrate of the judicial district in

which he is so found, fails to satisfy the magistrate that he had some reason-

able cause or excuse for being in the place where he was so found, shall be

deemed a wilful trespasser.

(2) A trespasser described in this section may be apprehended and de-

tained by any police officer, or by the owner of the premises on or near to

which the trespasser is found, or by any person whom the police officer, or the

owner calls to his assistance and shall be taken without delay before a magis-

trate or to a police station, to be dealt with according to law.

28. A person who, not having any lawful business, enters upon the pre-

mises of any private residence or enclosed land in the possession of any other

person as owner, or land cultivated in any manner, shall be deemed a wilful

trespasser.

29.-(1) If any person unlawfully enters upon any premises the owner may

require the person so entering forthwith to quit the premises and also to give

his christian name, surname and place of abode, and in case such person, after

being so required, refuses to quit or to give his real name and place of abode,

or gives a false or illusory account of himself, or if he quits but returns to the

said premises or any part thereof, he shall be deemed a wilful trespasser.

(2) That trespasser may be apprehended and detained by the owner of

the premises or by any person whom the owner may call to his assistance, and

shall be taken without delay before a magistrate or to a police station, to be

dealt with according to law.

30. If the trespasser, at the time of his trespassing, has, or is in possession

of, any sugar-cane, coffee, plantain, banana, fruit or vegetable product similar

in kind to any growing or being in or upon the premises on which the trespass

is committed, or of any fish similar in kind to any then or immediately before

that time on the premises on which the trespass is committed, the owner may

Tresspasser

refusing to quit or

give his name, etc.,

may be

apprehended.

Trespass to

private premises

or to enclosed or

cultivated land.

Mode of dealing

with article found

in possession of

wilful trespasser.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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Summary Jurisdiction (Offences) [CAP. 98

[ ]

41

seize and detain the sugar-cane, coffee, plantain, banana, fruit, vegetable prod-

uct or fish, until the trespasser proves, to the satisfaction of the magistrate, that

it has not been taken or obtained out of or from the premises on which the

trespass is committed, and in the event of a trespasser failing to give that proof,

the article shall be delivered to the owner, to be by him disposed of as he thinks

fit.

31.-(1) If the trespasser carries, leads or drives any beast on the premises on

which the trespass is committed, or puts or places, or causes to be put or

placed, on the premises, any vehicle, building materials, tools or implements of

any description, timber, firewood or other wood, or any other thing of what-

ever description, that beast, vehicle, building material, tool, implement, timber,

firewood, wood or other thing may be seized and detained by the owner of the

premises.

(2) On complaint made and on proof to the satisfaction of the magistrate

that any person trespassing as aforesaid has carried, led or driven any beast on

the premises on which the trespass was committed, or has put or placed or

caused to be put or placed any vehicle, building material, tool, implement, tim-

ber, firewood, wood or other thing on the premises, the magistrate shall order

it to be publicly sold within ten days thereafter, and out of the proceeds thereof

shall pay the amount of any damage suffered by the owner by virtue of the

trespass, and shall deduct the amount of any fine inflicted upon the trespasser,

unless the amount of the damage and fine is sooner paid.

32.-(1) A person who fastens any boat, raft or float to any private stelling,

wharf, land or landing-place, or any part thereof, or brings, places or puts any

boat, raft or float in any private trench or canal, whether used or not for drain-

age or otherwise, or puts or places any article whatever upon the stelling, wharf,

land or landing-place, or in or over the trench or canal, on or near to which

there is posted up a notice, in large legible letters, forbidding in general terms all

persons to trespass and warning them that they will be prosecuted for so doing,

without leave of the owner of the stelling, wharf, land, landing-place, trench or

canal, or without some pressing necessity, shall be deemed a wilful trespasser.

Dealing with

animal or thing

brought on land

by wilful

trespasser.

Wilful trespass

with vessel on

private wharf

nothwithstanding

notice.

(2) Every such trespasser, boat, raft, float and article may be seized and

detained by the owner or by any person whom the owner calls to his assis-

tance, and the trespasser shall be taken without delay before a magistrate or

to a police station, to be dealt with according to law.

(3) If any damage is done to the stelling, wharf, land, landing-place, trench

or canal, or if any penalty is imposed on the trespasser, the magistrate shall

order the boat, raft or float, to be publicly sold within ten days thereafter, and

out of the proceeds of sale shall pay to the owner of the stelling, wharf, land,

landing-place, trench or canal the amount of the damage so done, and shall

deduct the amount of any fine inflicted upon the trespasser, unless the amount

of the damage and fine is sooner paid.

33.-(1) A person found in or upon, or entering in or upon, any land situate

between high-water mark and low-water mark upon the bank of any river,

creek or stream, or upon the seacoast in front of any plantation, estate or land,

on or near to which there is posted up a notice, in large legible letters, forbid-

ding in general terms all persons to trespass and warning them that they will be

prosecuted for so doing without leave of the owner of that plantation, estate or

land, who there destroys, ensnares, catches or takes any fish, crab or other

animal, shall be deemed a wilful trespasser.

(2) Every such trespasser may be apprehended and detained by the owner

or by any person whom the owner calls to his assistance, and shall be taken

without delay before a magistrate or to a police station, to be dealt with ac-

cording to law.

(3) If the trespasser, at the time of his trespassing, has with him any boat,

raft or float, or any seine, net, fishing-tackle or other implements for destroy-

ing, ensnaring, catching or taking fish, crabs or other animals, that also may be

seized and detained by the owner, or such other person, and if the trespasser

is convicted the magistrate shall order the article to be publicly sold within ten

days thereafter, and out of the proceeds of sale shall pay the amount of any

damage suffered by the owner by virtue of the trespass, and shall deduct the

Wilful trespass on

land between high

and low-water

marks

notwithstanding

notice, and

fishing therefrom.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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Summary Jurisdiction (Offences) [CAP. 98

[ ]

43

amount of any fine inflicted upon the trespasser, unless the amount of the dam-

age and fine is sooner paid.

(4) If the trespasser, at the time of his trespassing, has, or is in possession

of, any fish, crab or other animal, whether dead or alive, it may be seized by the

owner or such other person and taken before the magistrate, who, if the tres-

passer is not able to prove that he caught or obtained the fish, crab or other

animal, at or from some place other than that upon which he was found tres-

passing, shall order the fish, crab or other animal to be delivered to the owner,

to be by him disposed of as he thinks fit.

34.-(1) A person found in or upon, or entering in or upon, any land situate

between high-water mark and low-water mark upon the bank of any river,

creek or stream, or upon the seacoast in front of any plantation, estate or land,

on or near to which is posted up a notice, in large legible letters, forbidding in

general terms all persons to trespass and warning them that they will be pros-

ecuted for so doing without leave of the owner of the plantation, estate or land,

who there cuts down, cuts up or gathers any wood, timber or tree, or any part

of any wood, timber or tree, whether growing or fallen, or digs up, removes or

carries away any soil, caddy, sand or shells, shall be deemed a wilful tres-

passer.

(2) Every such trespasser may be apprehended and detained by the owner

or by any person whom the owner calls to his assistance, and shall be taken

without delay before a magistrate or to a police station, to be dealt with ac-

cording to law.

(3) If the trespasser, at the time of his trespassing, has with him any boat,

raft or float, or any axe, hatchet, cutlass, machete, saw or other tool or imple-

ment used for or capable of felling trees, or of cutting or splitting wood, or of

digging, lifting up, removing or carrying away any soil, caddy, sand or shells,

that also may be seized and detained by the owner or such other person and,

on complaint made for the trespass, the magistrate may order the article to be

publicly sold within ten days thereafter, and out of the proceeds of sale shall

Wilful trespass

on land between

high-water and

low-water marks,

notwithstanding

notice, and

cutting wood

thereon.

pay the amount of any damage suffered by the owner by virtue of the tresspass,

and shall deduct the amount of any fine inflicted upon the trespasser, unless the

amount of the damage and fine is sooner paid.

(4) If the trespasser has ready for removal any wood, timber, tree, soil,

caddy, sand or shells, it shall be forfeited and delivered over, on the order of

the magistrate, to the owner, to be by him disposed of as he thinks fit.

35.-(1) No labourer or other person having or occupying any house or cot-

tage, or any room therein on any plantation or settlement, having an open path

or road, or way generally used leading from a public way to that house, cot-

tage or room, or his family, relations and visitors, shall be deemed a wilful

trespasser or wilful trespassers, within the meaning of this Act, by reason of his

or their passing or repassing along or upon the open path or road, or way

generally used.

(2) Nothing in this Act shall be deemed or construed to take away or

lessen any existing rights of the owners of cattle, by themselves or their ser-

vants, to pass on foot or on horseback on any unenclosed or uncultivated

lands in search and pursuit of their cattle, or any existing right of persons to

pass in and over such land in pursuit of animals ferae naturae, or any right of

a legally qualified surveyor, his labourers and servants, in the discharge of his

professional duties, after having given the usual notice of his intention to run

lines or define boundaries, or any practice or right of persons bona fide trav-

ellers to encamp on the banks of rivers and lagoons and remain there for

limited periods; but no such encampment shall take place on enclosed or cul-

tivated lands.

36.-(1) A person who enters upon any open or enclosed land with intent to

steal, cut, break, root up or otherwise damage or destroy, any tree, sapling,

shrub or underwood, plant or grass, or any coconuts, cohune nuts or other

nuts or fruit used for the food of man or beast, or for medicine, dyeing or

distilling, shall be deemed a wilful trespasser.

Saving of certain

rights of pathway.

Trespass with

intent to steal or

damage.

s; page-break-after:always">THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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Summary Jurisdiction (Offences) [CAP. 98

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45

(2) Every such trespasser may be apprehended and detained by any po-

lice officer, or by the owner of the land upon which the trespasser is found, or

by any person whom the police officer or the owner calls to his assistance, and

shall be taken without delay before a magistrate or to a police station, to be

dealt with according to law.

37. A person convicted of a wilful trespass or liable to be punished as a wilful

trespasser under this Act shall be liable to a fine not exceeding two hundred

dollars.

38.-(1) A person who pulls down, injures, removes or destroys any board or

notice posted up, as mentioned in this Act, for the purpose of forbidding and

warning trespassers, or obliterates any letter or figure thereon, shall, on convic-

tion thereof, be liable to a fine not exceeding two hundred dollars.

(2) Out of the fine, when recovered, there shall be paid any expenses at-

tending the restoration of the board or notice, and the amount of those ex-

penses shall be determined by the magistrate.

39. A police officer shall assist in the apprehension and detention of any

wilful trespasser whenever called upon to do so by the owner of the property

on which the trespass takes place.

40.-(1) If any person enters upon and uses or occupies any land, not exceeding

five hundred dollars in annual value, belonging to another, without leave of the

owner thereof or without lawful authority for so doing, the magistrate of the

district in which that land is situate may summon before the court the person so

using or occupying the land to show cause why an order should not be made

for his removal therefrom.

(2) If, on the hearing of the complaint, it is proved to the satisfaction of the

court that the defendant has entered upon and used or occupied the land with-

out leave or lawful authority for so doing, the court may make an order for the

removal, by force if necessary, of the person from the land, and also of any

Penalty for wilful

trespass.

Injury to notice

forbidding

trespass.

Assistance in

apprehension

of wilful

trespasser.

Prevention of

squatting.

building, animal or thing which he has placed or has thereon.

(3) The magistrate may also in addition, if he thinks fit, impose on the

person a fine not exceeding two hundred dollars, and may order that the whole

or any portion of the fine, if paid or recovered, shall be paid to the owner of

the land.

Trespass to Personalty

41. No person shall knowingly, without the consent of the owner or person

in possession of any boat, take any such boat out of the possession of the

owner or possessor, and every person who does so shall be liable to be im-

prisoned for a term not exceeding six months.

42. The magistrate before whom any such person is convicted shall, in ev-

ery case, ascertain the damage occasioned by such trespass, and indorse the

amount thereof, together with costs, on the conviction.

43.-(1) On the trial of any person for stealing any boat mentioned in section

41, a court of summary jurisdiction may acquit the person charged therewith

of the felony, and find him guilty of an offence under section 41, and it may

upon such conviction adjudge the person so convicted to be imprisoned, for a

term not exceeding six months.

(2) The court, on convicting any person of the offence of unlawful tres-

pass under subsection (1), shall assess the damage thereby occasioned to the

person aggrieved, and the clerk of court shall insert in the record of such

conviction the amount of damage so assessed, and the amount of the cost of

prosecution allowed.

44. Any person convicted under section 41 or 43, and sentenced to im-

prisonment, shall be released from custody under such sentence on his paying

or causing to be paid to the person in whose custody he is the sum assessed as

damages as aforesaid and such costs as may be allowed.

Damages and

costs may be

awarded.

Punishment for

unlawfully taking

boat.

6 of 1986.

Court may acquit

of stealing and

find guilty of

unlawful trespass

and shall assess

damages.

6 of 1986.

Release of person

convicted on

payment of

damages and

costs.

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45. Any damages assessed, when received, shall be paid on demand to the

person aggrieved, and any costs received shall be paid into the Consolidated

Revenue Fund.

46. The Governor-General may, in the exercise of the royal prerogative of

mercy, pardon any person convicted under section 41 or 43, notwithstanding

that the damages assessed and costs allowed, or either of them, may not have

been paid, but such pardon shall not prejudice any right the party aggrieved

may have to bring any action in respect of such trespass.

Detention of Property

47.-(1) On complaint made by any person claiming to be entitled to the prop-

erty or possession of any article or thing detained by any other person, the

value of the article or thing not being greater than one hundred dollars and not

being a deed or other document relating to property of greater value than two

hundred dollars, the court may inquire into the title thereto, or to the right of

possession thereof, and if it appears to the court, after demand has been made

therefor by the person by whom the complaint has been made, that the article

or thing has been detained without just cause by the person against whom the

complaint has been made, or that the person detaining the article or thing has a

lien upon or a right to detain it by way of security for the payment of money or

the performance of any act by the owner thereof, the court may order the

article or thing to be delivered to the owner thereof, or to the person entitled to

the possession thereof, either absolutely, or upon tender of the amount appear-

ing to the court to be due by the owner or by the person entitled to the possession

thereof, or upon the performance, or upon the tender and refusal of the

performance, of the act for the performance of which the article or thing has

been detained as security or, if that act cannot be performed, then upon tender

of amends for non-performance.

(2) A person who refuses or neglects to deliver the article or thing accord-

ing to the order shall pay as amends to the person aggrieved the full value

Damages go to

complainant,

costs into

Consolidated

Revenue Fund.

Saving of royal

prerogative of

pardon.

Power of the

court with

respect to

unlawful

detention of

articles.

thereof.

(3) The order shall not prevent any person from recovering the article or

thing so delivered by action from the person to whose possession it comes by

virtue of the order.

48. An artificer, workman, journeyman, apprentice, servant, labourer or

other person, who unlawfully disposes of, or retains in his possession, without

the consent of the person by whom he has been hired, retained or employed,

any article or thing not exceeding one hundred dollars in value, committed to

his care or charge shall, on conviction thereof, be liable to a fine not exceeding

fifty dollars, and also to pay as amends to the person aggrieved the full value of

the article or thing so disposed of or not returned uninjured.

49.-(1) A complaint for an offence under this Part shall be made by the owner,

or by the attorney or agent of the owner, of the property on or with respect to

which the trespass or injury is committed or the use or occupation takes place.

(2) Any manager or overseer employed on any plantation or estate shall

be deemed to be the agent of the owner for the purposes of this section.

PART IV

Crimes Triable Summarily

Triable as Summary Offences Without Consent of Accused

50.-(1) The crimes created by the several sections of the Criminal Code men-

tioned in the Second Schedule shall be also summary conviction offences and,

subject to this section, shall be punishable accordingly without the consent of

the person charged.

Disposal or

retention by

workman of article

committed to his

care.

Making of

complaint under

this Part.

Certain crimes

declared summary

conviction

offences and

limitation of

jurisdiction.

CAP.101.

Second Schedule.

8 of 1970.

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Summary Jurisdiction (Offences) [CAP. 98

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(2) If, at any stage of the proceedings, the magistrate forms the opinion that

the offence complained of is a fit subject for prosecution on indictment, he shall

abstain from adjudication thereupon, and deal with the case in all respects as if

it were a complaint or information for a crime given to a magistrate under sec-

tion 21 of the Indictable Procedure Act.

(3) Where money or property is involved in the commission of a crime

which is made a summary conviction offence by this section, the jurisdiction of

a summary jurisdiction court to hear and determine that offence is limited to

cases in which the amount of the money or the value of the property in respect

of which the offence is committed does not exceed fifty thousand dollars.

(4) Subject to section 80 of the Summary Jurisdiction (Procedure) Act,

every person who is convicted by a court of summary jurisdiction of an offence

created by any section of the Criminal Code mentioned in the Second Schedule

shall be liable to a fine not exceeding three thousand dollars or to imprisonment

for a term not exceeding twelve months:

Provided that where a person is convicted of the crime of theft in circum-

stances which show that theft was committed from the person of the victim, the

punishment for the first such offence shall not be less than a fine of one thousand

dollars, and the punishment for the second or subsequent such offence shall not

be less than imprisonment for one year:

Provided further that where a person is convicted of the crime of aggra-

vated assault in circumstances which show that assault was committed with

intent to rob, the punishment for the first such offence shall not be less than a

fine of one thousand dollars, and the punishment for the second or subsequent

such offence shall not be less than imprisonment for one year.

CAP. 96.

5 of 1987.

28 of 1994.

5 of 1987.

CAP. 99.

CAP. 101.

Second

Schedule.

5 of 1987.

Crimes Triable Summarily Only With Consent

of Accused

51.-(1) Where any person is charged before the court with any crime speci-

fied in the Third Schedule, the court, if it thinks it expedient to do so, having

regard to any representation made in the presence of the accused by or on

behalf of the prosecutor, or by or on behalf of the accused, the nature of the

crime, the absence of circumstances which would render the crime one of a

grave or serious character and all the other circumstances of the case, and if

the accused, when informed by the court of his right to be tried by a jury,

consents to be dealt with summarily, may, subject to the provisions of this

section, deal summarily with the crime and if the accused pleads guilty to, or is

found guilty of, the crime charged, may sentence him to be imprisoned for a

term not exceeding two years or to a fine not exceeding six thousand dollars,

or to both such fine and term of imprisonment:

Provided that with respect to the crimes numbered 12 (with reference to

the crime of stealing), 13, 14, 17, 18, 19 and 20 in the Third Schedule, the

consent of the accused person shall be necessary only where the amount of

the money or the value of the property in respect of which the crime is com-

mitted exceeds fifty thousand dollars:

Provided further that where a person is convicted of the crime of theft in

circumstances which show that theft was committed from the person of the

victim, the punishment for the first such offence shall not be less than a fine of

two thousand dollars and the punishment for the second or subsequent such

offence shall not be less than imprisonment for a term of two years.

(2) If the court at any time during the hearing of a charge for a crime as

specified in the Third Schedule against any person becomes satisfied that it is

expedient to deal with the case summarily, the court shall thereupon, for the

purpose of proceedings under this section, cause the charge to be reduced

into writing, if this has not been already done, and read to the accused, and

shall then address to him a question to the following effect, “Do you desire to

Summary trial of

crimes.

Third Schedule.

8 of 1970.

6 of 1987.

33 of 1980.

Third Schedule.

5 of 1987.

28 of 1994.

Third Schedule.

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Summary Jurisdiction (Offences) [CAP. 98

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51

be tried by a jury, or do you consent to the case being dealt with summarily?”,

with a statement, if the court thinks such a statement desirable for his informa-

tion, of the meaning of the case being dealt with summarily, and of the sitting of

the Supreme Court at which he will be tried if tried by a jury, and shall explain

to him that he may, if convicted by the court, be committed for sentence by the

Supreme Court under subsection (2) of section 80 of the Summary Jurisdiction

(Procedure) Act and if the accused consents to be dealt with summarily, shall

forthwith ask him the following question, “Do you plead guilty or not guilty?”.

(3) Where two or more persons are jointly charged before a court, the

court shall not deal with the case summarily under this section unless all the

accused consent to such summary trial.

(4) Notwithstanding anything in section 45 of the Summary Jursidction (Pro-

cedure) Act, where any person is charged before a court with two or more

offences and such offences are of a kind as may properly be joined in one

indictment under the provisions of the Indictable Procedure Act and the ac-

cused has consented to summary trial, the court may try such charges together

without the consent of the accused.

52.-(1) A person who aids, abets, causes, commands, counsels or procures

any other person to conmit any of the crimes mentioned in the Third Schedule-

(a) may be charged, tried, convicted and punished in all respects

as if he himself had committed the crime;

(b) may be tried together with the principal offender or before or

after his conviction; and

(c) shall be liable on conviction to the same punishment as that to

which the principal offender is liable by law.

(2) Where the principal offender would be guilty of an attempt to commit

the crime only, the person who aided, abetted, caused, commanded, coun-

CAP. 99.

CAP. 99.

CAP. 96.

Abetment of,

and attempt to

commit, crimes

triable

summarily.

Third Schedule.

selled or procured the attempt to commit the crime shall be likewise guilty of

the attempt and may be charged, tried, convicted and punished accordingly.

(3) A person who is guilty of an attempt to commit any of the crimes

mentioned in the Third Schedule shall be liable to a penalty not exceeding one-

half of the maximum penalty prescribed under section 51 (1).

53.-(1) Where a warrant for the arrest of any person has been issued for an

offence punishable with death or with imprisonment for three years or more

and the Police are unable to apprehend him after making reasonable efforts, it

shall be lawful for the Police to give a notice to such person in two consecutive

issues of the Gazette and of at least two newspapers circulating in the place

where the accused person was last known to reside, requiring such person to

surrender himself to the authority specified in the notice within a period of

seven days or such longer period as may be specified in the notice.

(2) A copy of the notice issued under subsection (1) above shall also be

left at the last known place of abode of the accused person.

(3) If the person named in the warrant or in the notice fails to surrender in

compliance with the notice issued under subsection (1) above he shall be guilty

of an offence and liable on summary conviction to a fine of five thousand

dollars or to imprisonment for a term not exceeding five years, or to both such

fine and imprisonment.

(4) It shall be a defence for a person charged with an offence under this

section to prove that the circumstances were such that he did not know and

would not have known of the warrant or the notice.

54.-(1) The Attorney General may, from time to time by Order published in

the Gazette, amend any of the First, Second or Third Schedules to this Act.

(2) Every Order made by the Attorney General under subsection (1) above

shall be laid before before the National Assembly as soon as may be after the

Duty to surrender.

28 of 1994.

Amendment of

laws.

First, Second and

Third Schedule.

18 of 1998.

28 of 1994.

28 of 1994.

28 of 1994.

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making thereof and shall be subject to negative resolution.

55.-(1) Every person who is deported to Belize from another country (herein-

after referred to as a “deportee”) shall, if so required by the Commissioner of

Police by notice in writing-

(a) report to the Police daily or at such other intervals as may be

specified, at the time and place designated by the police;

(b) not change his residence without prior notification to the

Commissioner of Police;

(c) not associate with any criminal gang or a member thereof;

(d) comply with any other requirements as the Commissioner of

Police may specify.

(2) Every person who contravenes subsection (1) above shall be guilty of

an offence and shall be liable on summary conviction to a fine not exceeding

one thousand dollars or to imprisonment for a term not exceeding one year.

(3) For the purpose of this section, a certificate under the hand of the

Commissioner of Police or an officer designated by him to the effect that a

person was deported to Belize from another country shall be conclusive evi-

dence of that fact.

(4) Notwithstanding any rule of law to the contrary, a deportee upon con-

viction for a crime in Belize shall not be treated as a ‘first offender’ and shall not

be eligible for community service order.

(5) While sentencing a deportee for a crime committed in Belize, a court

shall receive as evidence a certificate of foreign criminal record without further

proof and shall give it the same weight and effect as a local criminal record.

Deportees.

18 of 1998.

FIRST SCHEDULE

[Section 13]

Form of Conviction of Idle and Disorderly Persons,

Rogues and Vagabonds, and Incorrigible Rogues

BELIZE, TO WIT:

BE IT REMEMBERED that on the day of

in the year of Our Lord two thousand and

at in the said Belize

is convicted before me, a magistrate in and for

the Judicial District in Belize of being an idle and disorderly person

(or a rogue and vagabond or an incorrigible rogue) within the true intent and

meaning of section of the Summary

Jurisdiction (Offences) Act, that is to say, for that the said

on the day of two thousand

and at in the said District

(here state the offence proved before the magistrate) and for which said

offence the said is ordered to be committed to the

at for the space of

(or in the case of an incorrigible rogue) to the

until the sittings of the Supreme

Court to be held at on the day of

next, and until there dealt with.

GIVEN under my hand on the day and year and at the place first above

written.

Magistrate,

Judicial District.

CAP. 98.

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55

SECOND SCHEDULE

[Section 50]

Crimes Punishable as Summary Conviction Offences without

Consent of Accused Person

No. Crimes Section of

the Criminal

Code

1. Common Assault ... ... ... ... ... ... ... ... ... ... ... ... ... ... 44

2. Aggravated Assault ... ... ... ... ... ... ... ... ... ... ... ... ... 45

3. Abandonment of infant ... ... ... ... ... ... ... ... ... ... ... ... 60

4. Intentional Harm ... ... ... ... ... ... ... ... ... ... ... ... ... ... 79

5. Wounding ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 80

6. Grievous Harm ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 81

7. Use of deadly means of harm ... ... ... ... ... ... ... ... ... 83

8. Administering Noxious matter ... ... ... ... ... ... ... ... ... 84

9. Throwing, etc., at a train ... ... ... ... ... ... ... ... ... ... ... 88

10. Obstructing trains ... ... ... ... ... ... ... ... ... ... ... ... ... 89

11. Interference with signals, etc. ... ... ... ... ... ... ... ... ... 90

12. Abandonment likely to cause grievous harm ... ... ... ... 92

13. Negligent wound or grievous harm ... ... ... ... ... ... ... 94

14. Negligence by person in charge of dangerous things ... 95

15. Theft ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 146

16. Removal of articles from places open to the public ... 150

17. Taking motor vehicle or other conveyance without

authority ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 151

18. Abstracting of electricity ... ... ... ... ... ... ... ... ... ... ... 152

19. Obtaining property by deception ... ... ... ... ... ... ... ... 153

No. Crimes Section of

the Criminal

Code

20. Obtaining pecuniary advantage by deception ... ... ... 156

21. False accounting ... ... ... ... ... ... ... ... ... ... ... ... 162

22. Boundaries, documents and accounts ... ... ... ... ... 167

23. Removing goods to evade legal process ... ... ... ... 168

24. Handling stolen goods ... ... ... ... ... ... ... ... ... ... ... 171

25. Going equipped for stealing, etc. ... ... ... ... ... ... ... 173

26. Possession of counterfeited or incomplete notes ... 195

27. Riot ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 226

28. Rioting with weapons ... ... ... ... ... ... ... ... ... ... ... 227

29. Unlawful assembly ... ... ... ... ... ... ... ... ... ... ... 229

30. Provocation of riot ... ... ... ... ... ... ... ... ... ... ... 230

31 Forcible entry ... ... ... ... ... ... ... ... ... ... ... ... 234

32. Forcible detainer ... ... ... ... ... ... ... ... ... ... ... ... 235

33. Provocation to fight ... ... ... ... ... ... ... ... ... ... ... ... 236

34. Threat of death or grievous harm ... ... ... ... ... ... ... 238

35. Written threats. ... ... ... ... ... ... ... ... ... ... ... ... ... 239

36. Violence against judges, witnesses, etc. ... ... ... ... 240

37. Disturbance of lawful assemblies ... ... ... ... ... ... ... 241

38. Obstructing public officers ... ... ... ... ... ... ... ... ... 242

39. Deceit of courts ... ... ... ... ... ... ... ... ... ... ... ... ... 260

40. Fictitious suits ... ... ... ... ... ... ... ... ... ... ... ... ... 261

41. Keeping away witnesses ... ... ... ... ... ... ... ... ... ... 262

42. Supression of evidence on criminal trial ... ... ... ... 263

43. Hindrance of inquests ... ... ... ... ... ... ... ... ... ... 265

44. Neglect to hold inquests ... ... ... ... ... ... ... ... ... ... 266

45. Exciting prejudice as to a trial ... ... ... ... ... ... ... ... 268

46. Refusal to aid officers ... ... ... ... ... ... ... ... ... 273

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No. Crimes Section of

the Criminal

Code

47. Compounding crime ... ... ... ... ... ... ... ... ... ... ... 275

48. Refusal of office ... ... ... ... ... ... ... ... ... ... ... ... ... 281

49. False pretence of office ... ... ... ... ... ... ... ... ... ... ... 282

50. False declarations, etc., of office ... ... ... ... ... ... ... ... 283

51. Corruption, intimidation and personation ... ... ... ... ... 295

52. Unlawful voting ... ... ... ... ... ... ... ... ... ... ... ... ... 296

53. Selling unwholesome food ... ... ... ... ... ... ... ... ... ... 327

THIRD SCHEDULE

[Section 51 and 52]

Crimes Triable Summarily with Consent of Accused Person

No. Crimes Enactments Sections

1. Forgery of dies or stamp ... ... ... ... Stamp Duties 11

Act (CAP. 64)

2. Post office employee opening or Post Office 34

delaying delivery of letter, etc. ... ... Act (CAP.228)

3. Theft by same of a letter ... ... ... ... ” 35

4. Theft by same out of letter ... ... ... ” 36

5. (a) Stealing or unlawfully taking

away packet, etc. ... ... ... ... ... ” 37

(b) Stopping mail with intent, etc. ” }

No. Crimes Enactments Sections

6. Theft, etc. of bag, etc. sent by

Post Office packet ... ... ... ... ... ... ”

7. Handling stolen letter, etc. ... ... ... ... ”

8. (a) Fraudulent retainer, etc. ... ... ... ”

(b) Refusal to deliver, etc.) ... ... ... ”

9. Criminal diversion of letters

from addressee ... ... ... ... ... ... ... ”

10. Accessories before the fact ... ... ... ”

11. (a) Obtaining credit by fraud ... ... Debtors Act

(b) Making or causing to be made

gift, delivery, transfer or change of

property ... ... ... ... ... ... ... ... (CAP. 168) 7

(c) Concealing or removing

property ... ... ... ... ... ... ...

12. Theft ... ... ... ... ... ... ... ... ... ... Criminal 146

13. Burglary ... ... ... ... ... ... ... ... ... Code 148

(CAP. 101)

14. Removal of articles from palces

open to the public ... ... ... ... ... ... ” 150

15. Taking motor vehicle or other

conveyance without authority ... ” 151

16. Abstacting of electricity ... ... ... ... ” 152

17. Obtaining property by deception ... ” 153

18. Obtaining pecuniary advantage by

deception ... ... ... ... ... ... ... ... ... ” 156

19. False accounting ... ... ... ... ... ... ... ” 162

20. Handling stolen goods ... ... ... ... ... ” 171

}

}

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No. Crimes Enactments Sections

21. Forgery of pasport ... ... ... ... ... ” 178

22. Forgery of other documents ... ... ” 179

23. Uttering false documents (with

reference only to the crime

mentioned in section 179 of

the Criminal Code) ... ... ... ... ” 180

24. Claiming upon a forged document

with reference only to the crime

mentioned in section 179 of the

Criminal Code) ... ... ... ... ... ... ” 181

25. Possessing false documents

(with reference only to the

crime mentioned in section 179 of

the Criminal Code) ... ... ... ... ... ” 182

26. Punishment for selling medals resembling

current coin ... ... ... ... ... ... ... ” 189

27. Damaging current coin ... ... ... ” 190

28. Uttering damaged coin ... ... ... ” 191

29. Forging hall-marks ... ... ... ... ... ” 199

30. Forging trade-marks ... ... ... ... ” 200

31. False statutory declarations and

other false statements without oath ... ” 252

32. Corruption, opression and

extortion ... ... ... ... ... ... ... ... ... ... ” 284

33. False certificates ... ... ... ... ... ... ... ” 285

34. Destruction, etc., of documents ... ” 286

35. Oppression by goalers ... ... ... ... ... ” 287

No. Crimes Enactments Sections

36. Bribery of officers ... ... ... ... ... ” 289

37. Agreement for influencing officers ... ” 290

38. Disturbance of elections ... ... ... ... ” 294

39. Falsification, etc., of votes, etc. ... ... ” 297

40. False pretence of impediment to

marriage ... ... ... ... ... ... ... ... ... ” 319

41. Disturbing markets, etc., by false

news ... ... ... ... ... ... ... ... ... ... ... ” 325

42. Any offence under the Bankruptcy

Act CAP. 244 ... ... ... ... ... ... ...