CAP. 119 JUVENILE OFFENDERS ACT BELIZE
JUVENILE OFFENDERS ACT
CHAPTER 119
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
JUVENILE OFFENDERS ACT 5
Amendments in force as at 31st December, 2000.
BELIZE
JUVENILE OFFENDERS ACT
CHAPTER 119
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
JUVENILE OFFENDERS ACT 5
Amendments in force as at 31st December, 2000.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000
Printed by the Government Printer,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Juvenile Offenders [CAP. 119
[ ]
3
CHAPTER 119
JUVENILE OFFENDERS
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
3. Juvenile courts.
4. Bail of children and young persons arrested.
5. Custody of children and young persons not discharged on bail after
arrest.
6. Association with adults, during detention, in police stations.
7. Remand or committal to custody in place of detention.
8. Procedure in juvenile court.
9. Attendance at court of parent of child or young person charged with an
offence, etc.
10. Power to order parent to pay fine, etc., instead of child or young per
son.
11. Restrictions on punishment of children and young persons.
12. Detention in the case of certain crimes committed by children or young
persons.
13. Committing child or young person to place of detention.
14. Children liable to be committed to care of relative, etc.
15. Methods of dealing with children and young persons charged with
offences.
16. Provision of places of detention.
17. Provisions as to custody of children and young persons in places of
detention.
18. Expenses of maintenance of child or young person.
19. Presumption and determination of age.
20. Power to make rules.
21. Saving.
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Juvenile Offenders [CAP. 119
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CHAPTER 119
JUVENILE OFFENDERS
[18th January, 1936]
1. This Act may be cited as the Juvenile Offenders Act.
2. In this Act, unless the context otherwise requires:-
“child” means a person under the age of fourteen years;
“guardian’ in relation to a child or young person, includes any person who, in
the opinion of the court having cognisance of any case in relation to the child or
young person or in which the child or young person is concerned, has for the
time being the charge of or control over the child or young person;
“probation officer” means a person appointed under the Probation of Offend-
ers Act, to be a probation officer;
“young person” means a person who is fourteen years of age or upwards and
under the age of sixteen years.
3.-(1) A court when hearing charges against children or young persons shall,
unless the child or young person is charged jointly with any other person not
being a child or young person, sit either in a different building or room from that
in which the ordinary sittings of the court are held, or on different days or at
different times from those at which the ordinary sittings are held, and a
1The Family Courts Act, Cap. 93, overrides the jurisdictional provisions of this Act as is required for the
proposes of the Family Courts Act.
Ch. 26,
R.L., 1958.
CAP. 94,
R.E. 1980-1990.
40 of 1963.
20 of 1978.
22 of 1987.
24 of 19881.
28 of 1994.
42 of 1999.
S.I. 17 of 1964.
Short title.
Interpretation.
CAP. 120.
Juvenile courts.
court so sitting is in this Act referred to as a juvenile court.
(2) Where in the course of any proceedings in a juvenile court it
appears to the court that the person charged or to whom the proceedings
relate is of the age of sixteen years or upwards, or where in the course of any
proceedings in any court other than a juvenile court it appears that the person
charged or to whom the proceedings relate is under the age of sixteen years,
nothing in this section shall be construed as preventing the court, if it thinks it
undesirable to adjourn the case, from proceeding with the hearing and
determination of the case.
(3) Provision shall be made for preventing persons apparently under
the age of sixteen years whilst being conveyed to or from court, or whilst
waiting before or after their attendance in court, from association with adults
charged with or convicted of any offence other than an offence with which the
person apparently under the age of sixteen years is jointly charged or convicted.
(4) Subject to subsection (5), in a juvenile court no person other
than the members and officers of the court and the parties to the case, their
solicitors and counsel, and other persons directly concerned in the case, shall,
except by leave of the court, be allowed to attend.
(5) Bona fide representatives of a newspaper or news agency shall
not be excluded, except by special order of the court.
(6) No person shall publish the name, address, school, photograph
or anything likely to lead to the identification of the child or young person
before the juvenile court, except with the permission of the court or in so far as
required by the provisions of this Act, and every person who acts in
contravention of this subsection shall be liable to a fine not exceeding one
hundred dollars.
4. Where a person apparently under the age of sixteen years is appre-
hended with or without warrant and cannot be brought forthwith before a
Bail of children
and young
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court, the senior member of the police department present shall inquire into the
case, and may in any case:-
(a) unless the charge is one of homicide or other grave crime;
or
(b) unless it is necessary in the interest of such person to remove
him from association with any undesirable person; or
(c) unless the officer has reason to believe that the release of
such person would defeat the ends of justice,
release such person on a recognisance, with or without sureties, for such amount
as will, in the opinion of the officer, secure the attendance of such person upon
the hearing of the charge, being entered into by him or by his parent or guard-
ian, or other responsible person.
5. Where a person apparently under the age of sixteen years has been
apprehended and is not released as provided in section 4, the senior member
of the police department present shall cause him to be detained in a place of
detention provided under this Act until he can be brought before a court unless
the officer certifies-
(a) that it is impracticable to do so; or
(b)(b that he is of so unruly or depraved a character that he
cannot be safely so detained; or
(c) that by reason of his state of health or of his mental or bodily
condition it is inadvisable so to detain him,
and the certificate shall be produced to the court before which the person is
brought.
Custody of
children and
young persons
not discharged
on bail after
arrest.
42 of 1999.
persons arrested.
42 of 1999.
6. It shall be the duty of the senior member of the police department
present to make arrangements for preventing, so far as practicable, a child or
young person, while being detained, from associating with an adult, other than
a relative, charged with an offence.
7.-(1) A court, on remanding or committing for trial a child or young person
who is not released on bail, shall, instead of committing him to prison, commit
him to custody in a place of detention provided under this Act and named in
the commitment, to be there detained for the period for which he is remanded
or until he is thence delivered in due course of law, however in the case of a
young person it shall not be obligatory on the court so to commit him if the
court certifies that he is of so unruly a character that he cannot be safely so
committed, or that he is of so depraved a character that he is not a fit person
to be so detained.
(2) A commitment under this section may be varied or, in the case
of a young person who proves to be of so unruly a character that he cannot be
safely detained in such custody or who proves to be of so depraved a character
that he is not a fit person to be so detained, revoked by any court acting in or
for the place in or for which the court which made the order acted, and if it is
revoked the young person may be committed to prison.
8.-(1) Where a child or young person is brought before a juvenile court for
any offence, it shall be the duty of the court as soon as possible to explain to
him in simple language the substance of the alleged offence.
(2) Where a child is brought before a juvenile court for any offence
other than homicide, the case shall be finally disposed of in such court, and it
shall not be necessary to ask the parent whether he consents that the child
shall be dealt with in the juvenile court.
(3) Where a young person is brought before a juvenile court for an
indictable offence other than homicide and the court becomes satisfied at any
time during the hearing of the case that it is expedient to deal with it summarily,
Remand or
committal to
custody in place
of detention.
Procedure in
juvenile court.
Association with
adults, during
detention, in
police stations.
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the court shall put to the young person the following or a similar question, telling
him that he may consult his parent, guardian or attorney before replying:
“Do you wish to be tried by this court or by a jury?” and the court shall explain
to the young person and to his parent, guardian or attorney the meaning of
being so tried and the place where the trial would be held.
(4) After explaining the substance of the alleged offence, the court
shall ask the child or the young person (except in cases where the young person
does not wish to be tried in the juvenile court) whether he admits the offence.
(5) If the child or young person does not admit the offence, the court
shall then hear the evidence of the witnesses in support thereof, and at the close
of the evidence in chief of each such witness, the magistrate shall ask the child
or young person, or, if he sees fit, the child’s parent, guardian or attorney, whether
he wishes to put any questions to the witness.
(6) If the child or young person instead of asking questions wishes to
make a statement he shall be allowed to do so, and it shall be the duty of the
court to put to the witnesses such questions as appear to be necessary.
(7) The court may put to the child or young person such questions as
may be necessary to explain anything in the statement of the child or young
person.
(8) If it appears to the court that a prima facie case is made out, the
evidence of any witnesses for the defence shall be heard, and the child or young
person shall be allowed to give evidence or to make any statement.
(9) If the child or young person admits the offence or the court is
satisfied that it is proved, he shall then be asked if he desires to say anything in
extenuation or mitigation of the penalty or otherwise.
(10) Before deciding how to deal with him, the court shall obtain such
information as to his general conduct, home surroundings, school record and
medical history, as may enable it to deal with the case in the best interests of
the child or young person, and may put to him any question arising out of such
information.
(11) For the purpose of obtaining such information or for special
medical examination or observation, the court may from time to time remand
the child or young person on bail or to a place of detention.
(12) If the child or young person admits the offence or the court is
satisfied that it is proved, and the court decides that a remand is necessary for
purposes of enquiry or observation, the court may cause an entry to be made
in the court register that the charge is proved and that the child or young
person has been remanded.
(13) The court before which a child or young person so remanded is
brought may without further proof of the commission of the offence make any
order in respect of the child or young person which could have been made by
the court which so remanded the child or young person.
9.-(1) Where a child or young person is charged with any offence, the court
may in its discretion require the attendance of his parent or guardian and may
make such orders as are necessary for the purpose.
(2) Where a child or young person is arrested, the police officer by
whom he is arrested or the officer in charge of the police station to which he is
brought shall, if the parent or guardian lives within a reasonable distance and
can be found, cause him to be warned to attend at the court before which the
child or young person will be brought.
10.-(1) Where a child or young person is charged before any court with any
offence for the commission of which a fine, damages or costs may be im-
posed, and the court is of opinion that the case would be best met by the
imposition of a fine, damages or costs, whether with or without any other
Attendance at
court of parent of
child or young
person charged
with an offence,
etc.
Power to order
parent to pay fine,
etc., instead of
child or young
person.
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Belmopan, by the authority of
the Government of Belize.
Juvenile Offenders [CAP. 119
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punishment, the court may in any case, and shall if the offender is a child, order
that the fine, damages or costs awarded be paid by the parent or guardian of
the child or young person instead of by the child or young person, unless the
court is satisfied that the parent or guardian cannot be found or that he has not
conduced to the commission of the offence by neglecting to exercise due care
of the child or young person.
(2) Where a child or young person is charged with any offence, the
court may order his parent or guardian to give security for his good behaviour.
(3) Where a court thinks that a charge against a child or young person
is proved, the court may make an order on the parent or guardian under this
section for the payment of damages or costs or requiring him to give security for
good behaviour, without proceeding to the conviction of the child or young
person.
(4) An order under this section may be made against a parent or
guardian who, having been required to attend, has failed to do so, but, except
as aforesaid, no such order shall be made without giving the parent or guardian
an opportunity of being heard.
(5) Any sums imposed and ordered to be paid by a parent or guardian
under this section, or on forfeiture of any such security as aforesaid, may be
recovered from him by distress or imprisonment in like manner as if the order
had been made on the conviction of the parent or guardian of the offence with
which the child or young person was charged.
(6) A parent or guardian may appeal against an order under this
section.
11.-(1) Subject to section 12, no child shall be sentenced to imprisonment.
(2) No young person shall be sentenced to imprisonment if he can
be suitably dealt with in any other way whether by probation, fine, committal to
Restrictions on
punishment of
children and
young persons.
20 of 1978.
a place of detention, certified institution or otherwise.
(3) A young person sentenced to imprisonment shall not be allowed
to associate with adult prisoners.
12.-(1) Notwithstanding anything in this Act to the contrary-
(a) where a child of not less than ten years of age or a young
person is convicted of any of the offences specified in
subsection (2) of this section; or
(b) in any other case, the court is satisfied that he qualifies for
a custodial sentence as mentioned in subsection (3) below,
the court may sentence the offender to imprisonment, and where such a sen-
tence is passed, the child or young person shall, notwithstanding anything in
the other provisions of this Act, be kept in prison or in such other secure place
as the Minister responsible for juvenile offenders may direct, and whilst so
detained shall be deemed to be in lawful custody.
(2) The offences referred to in subsection (1) are attempted murder,
manslaughter, maim, dangerous or grievous harm, robbery, attempted robbery,
assault with intent to rob, burglary or aggravated burglary, an offence under
the Firearms Act, or a drug trafficking offence.
(3) An offender qualifies for a custodial sentence within the meaning
of subsection (1) above if-
(a) he has a history of failure to respond to non-custodial
penalties and is unable or unwilling to respond to them;
or
(b) only a custodial sentence would be adequate to protect
the public from serious harm or damage from him; or
CAP. 143.
Detention in the
case of certain
crimes committed
by children or
young persons.
28 of 1994.
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the Government of Belize.
Juvenile Offenders [CAP. 119
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13
(c) the nature, gravity or prevalence of the offence of which he
has been convicted or found guilty was such that a non-
custodial sentence would not be appropriate.
(4) The provisions of this Act shall be without prejudice to any other
law which requires the imposition of mandatory minimum custodial or other
sentences for certain offences.
13. Where a child or young person is convicted of an offence punishable,
in the case of an adult, with imprisonment, or would, if he were an adult, be
liable to be imprisoned in default of payment of any fine, damage or costs, and
the court considers that none of the other methods in which the case may legally
be dealt with is suitable, the court may order that he be committed to custody in
a place of detention for a period not exceeding six months.
14.-(1) Any person may bring before a juvenile court any person apparently
under the age of sixteen years who-
(a) is found begging or receiving alms (whether or not there is any
pretence of singing, playing, performing, offering anything for
sale or otherwise), or being in any street, premises or place
for the purpose of so begging or receiving alms; or
(b) is found wandering and not having any home or settled place
of abode or visible means of subsistence, or is found wandering
and having no parent or guardian, or a parent or guardian
who does not exercise proper guardianship; or
(c) is found destitute, not being an orphan and having both parents
or his surviving parent, or in the case of an illegitimate child
his mother, undergoing imprisonment; or
(d) is under the care of a parent or guardian who, by reason of
criminal or drunken habits, is unfit to have the care of the
Committing child
or young person
to place of
detention.
Children liable to
be committed to
care of relative,
etc.
child; or
(e) is the daughter, whether legitimate or illegitimate, of a father
who has been convicted of an offence involving gross
indecency; or
(f) frequents the company of any reputed thief, or common or
reputed prostitute; or
(g) is lodging or residing in a house or the part of a house used by
any prostitute for the purpose of prostitution, or is otherwise
living in circumstances calculated to cause, encourage or favour
the seduction or prostitution of the child,
and the court before which a person is brought as coming within one of those
descriptions, if satisfied on enquiry of that fact, may order the child to be taken
out of the custody, charge or care of any person, and to be committed to the
care of a relative of the child or some other fit person or institution named by
the court (such relative or other person or institution being willing to undertake
such care), until the child attains the age of sixteen years, or for any shorter
period, and may in addition to such order make an order that the child be
placed under the supervision of a probation officer, and the court may of its
own motion, or on the application of any person, from time to time, by order
renew, vary or revoke any such order.
(2) A child shall not be treated as coming within the description
contained in paragraph (f) if the only common or reputed prostitute whose
company the child frequents is the mother of the child, and she exercised
proper guardianship and due care to protect the child from contamination.
(3) Every order made under this section shall be in writing, and any
such order may be made by the court in the absence of the child, and the
consent of any person or institution to undertake the care of the child in
pursuance of any such order shall be proved in such manner as the court may
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Juvenile Offenders [CAP. 119
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think sufficient to bind that person or institution.
(4) Any person or institution to whose care a child is committed
under this section shall, whilst the order is in force, have the like control over the
child as the parent and shall be responsible for his maintenance, and the child
shall continue in the care of such person or institution, notwithstanding that he is
claimed by his parent or any other person, and if any person-
(a) knowingly assists or induces, directly or indirctly, a child to
escape from the person or institution to whose care he is so
committed; or
(b) knowingly harbours, conceals or prevents from returning to
such person or institution a child who has so escaped or
knowingly assists in so doing,
he shall be liable to a fine not exceeding two hundred and fifty dollars or to
imprisonment for a term not exceeding three months.
(5) Any court having power so to commit a child shall have power
to make orders on the parent or other person liable to maintain the child to
contribute to his maintenance during such period as aforesaid such sums as the
court shall think fit, and may from time to time vary such orders.
(6) Any such order may be made on the complaint or application of
the person or institution to whose care the child is for the time being committ-
ed,and either at the time when the order for the committal of the child to his care
is made, or subsequently, and the sums contributed by the parent or such other
person shall be paid to such person or institution as the court may name, and be
applied for the maintenance of the child.
(7) Where any parent or other person has been ordered under this
section to contribute to the maintenance of a child, he shall give notice of any
change of address to the senior police officer of the district in which he resides,
and if he fails to do so without reasonable excuse, he shall be liable to a fine
not exceeding one hundred dollars.
(8) The Minister may at any time in his discretion discharge a child
from the care of any person or institution to whose care he is committed in
pursuance of this section, either absolutely or on such conditions as the Minister
approves, and may, if he thinks fit, make rules in relation to children so committed
to the care of any person or institution, and to the duties and remuneration of
such persons or institutions with respect to such children.
15.-(1) Where a child or young person charged with any offence is tried by
any court, and the court is satisfied of his guilt, the court shall take into consid-
eration the manner in which, under this or any other Act or other law enabling
the court to deal with the case, the case should be dealt with:-
(a) by dismissing the charge; or
(b) by discharging the offender on his entering into a recognisance;
or
(c) by releasing the offender on probation; or
(d) by committing the offender to the care of a relative or other
fit person; or
(e) by sending the offender to a certified institution; or
(f) by ordering the offender to pay a fine, damages or costs;
or
(g) by ordering the parent or guardian of the offender to pay a
fine, damages or costs; or
(h) by ordering the parent or guardian of the offender to give
S. I. 17 of 1964.
Methods of
dealing with
children and
young persons
charged with
offences.
20 of 1978.
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Belmopan, by the authority of
the Government of Belize.
Juvenile Offenders [CAP. 119
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security for his good behaviour; or
(i) by committing the offender to custody in a place of detention
provided under this Act; or
(j) where the offender is a young person, by sentencing him to
imprisonment; or
(k) by dealing with the case in any other manner in which it may
be legally dealt with.
(2) Nothing in this section shall be construed as authorising the court
to deal with any case in any manner in which it could not deal with the case
apart from this section.
16.-(1) Places of detention shall be provided for each judicial district as may
be required for the purposes of this Act, but nothing shall prevent the same
place of detention being provided for two or more judicial districts.
(2) If more than one place of detention is provided for in any judicial
district the Minister may determine that any such place shall be used for only
some of the purposes for which places of detention are required to be provided
and another place for the other purposes.
(3) The authority or persons responsible for the management of any
institution other than a prison whether supported out of public funds or by
voluntary contributions, but subject in the case of an institution supported out of
public funds to the consent of the Minister, may agree with the Commissioner
of Police for the use of the institution or any part therof as a place of detention
on such terms as may be agreed upon between them and the Commissioner of
Police.
(4) In selecting the place of detention to which a child or young
person is to be committed the court or police officer shall have regard to whether
Provisions of
places of
detention.
40 of 1963.
the place is suitable for the reception of convicted or of unconvicted persons,
or of persons charged with serious offences or minor offences, as the case
may be, and also, where practicable, to the religious persuasion of the child or
young person.
17.-(1) The order or judgment in pursuance of which a child or young person
is committed to custody in a place of detention provided under this Act shall
be delivered with the child or young person to the person in charge of the
place of detention and shall be a sufficient authority for his detention in that
place in accordance with the tenor thereof.
(2) A child or young person whilst so detained and whilst being
conveyed to and from the place of detention shall be deemed to be in legal
custody and if he escapes may be apprehended without warrant and brought
back to the place of detention in which he was detained.
(3) The Minister shall cause places of detention provided under
this Act to be inspected, and may make rules as to the places to be used as
places of detention, and as to their inspection, and as to the classification,
treatment, employment and control of children and young persons detained in
custody in a place of detention provided under this Act, and for the children
and young persons whilst so detained being visited from time to time by persons
appointed in accordance with those rules.
18. The expenses incurred by the Commissioner of Police in respect of
any place of detention provided by the authority, including the expenses of the
maintenance of any child or young person detained therein, whether detained
on apprehension or committed to custody on remand or commitment for trial
or in lieu of imprisonment or in default of payment of a fine, damages or costs,
shall be defrayed out of the Consolidated Revenue Fund.
19.-(1) Where a person, whether charged with an offence or not, is brought
before any court otherwise than for the purpose of giving evidence and it
appears to the court that he is a child or young person, the court shall make
Provisions as to
custody of
children and
young persons in
places of
detention.
40 of 1963.
Expenses of
maintenance of
child or young
person.
Presumption and
determination of
age.
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No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Juvenile Offenders [CAP. 119
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due inquiry as to the age of that person, and for that purpose shall take such
evidence as may be forthcoming at the hearing of the case, but an order or
judgment of the court shall not be invalidated by any subsequent proof that the
age of that person has not been correctly stated to the court, and the age pre-
sumed or declared by the court to be the age of the person so brought before
it shall, for the purposes of this Act, be deemed to be the true age of that
person.
(2) Where it appears to the court that the person so brought before
it is of the age of sixteen years or upwards, that person shall for the purposes of
this Act be deemed not to be a child or young person.
20. The Minister, with the consent of the National Assembly, may by order
make rules for carrying this Act into effect.
21. Except in so far as other provision is expressly made in the Act, nothing
in this Act shall be deemed to affect any other law relating to children or young
persons.
_____________
Power to make
rules.
40 of 1963.
Saving.
