Advanced Search

Certified Institutions (Childrens Reformation) Act


Published: 2000

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CAP. 121 CERTIFIED INSTITUTIONS (CHILDREN'S REFORMATION) ACT BELIZE

CERTIFIED INSTITUTIONS

(CHILDREN’S REFORMATION) ACT

CHAPTER 121

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

CERTIFIED INSTITUTIONS

(CHILDREN’S REFORMATION) ACT 6

Amendments in force as at 31st December, 2000.

BELIZE

CERTIFIED INSTITUTIONS

(CHILDREN’S REFORMATION) ACT

CHAPTER 121

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

CERTIFIED INSTITUTIONS

(CHILDREN’S REFORMATION) ACT 6

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.

Certified Institutions (Children’s Reformation) [CAP. 121

[ ]

3

CHAPTER 121

CERTIFIED INSTITUTIONS

(CHILDREN’S REFORMATION)

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

3. Land, etc., for certified institution.

4. Certification of institutions.

5. Power of Minister to withdraw certificate.

6. Resignation of certificate by manager.

7. Effect of withdrawal or resignation of certificate.

8. Disposal of inmates on withdrawal or resignation of certificate.

9. Publication of grant, etc., of certificate.

10. Official visitors.

11. Duties of manager.

12. Power to make rules.

13. Evidence of documents.

Detention Orders

14. Children under sixteen convicted and liable to imprisonment may be

sent to an institution.

15. Age at which magistrate may order child to be sent to an institution.

16. Sending to an institution of refractory child under sixteen years.

17. Minister may transfer prisoner under sixteen years of age to an

institution.

18. Form of detention order.

19. Conveyance to an institution.

20. Operation of order may be deferred.

21. Power of court to make detention order in certain cases.

Administration

22. Children may live outside a certified institution under licence.

23. Power to apprentice child in an institution.

24. Provisions which every indenture of apprenticeship shall contain.

25. Period of apprenticeship deemed part of term of detention at an

institution.

26. Punishment of children under apprenticeship misconducting

themselves, etc.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Certified Institutions (Children’s Reformation) [CAP. 121

[ ]

5

27. Power of the Minister to discharge children from an institution.

28. Discharge of child attaining eighteen years.

29. As to the ascertaining of a child’s age.

30. Evidence as to reception in and discharge from an institution.

31. Protection of employees in an institution.

32. Rules.

33. Saving.

Offences and Penalties

34. Wilful breach of rules.

35. Offences.

Procedure

36. Summonses, notices or orders not invalidated for want of form.

37. Service of notices.

38. Evidence as to child being detained in the institution.

SCHEDULE

CHAPTER 121

CERTIFIED INSTITUTIONS

(CHILDREN’S REFORMATION)

[15th July, 1939]

1. This Act may be cited as the Certified Institutions (Children’s

Reformation) Act.

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

“certified institution” means a home, school or other place which is certified

in accordance with this Act and the management of which has agreed to

accept the custody and care of children sent to such home, school or other

place under a detention order issued under this Act;

“court” includes the Supreme Court or any court of summary jurisdiction;

“detention order” means an order in writing made by the Minister or a court

order under this Act by which a child is ordered to be sent to and detained

in a certified institution;

“guardian” includes any person who, in the opinion of the court having

cognizance of any case in which a child is concerned, has for the time being

the charge of or control over such child;

“manager” means the person for the time being in charge of a certified

institution.

Ch. 157,

R.L., 1958.

CAP. 243,

R.E. 1980-1990.

40 of 1963.

20 of 1978.

14 of 1982.

22 of 1987.

S.I. 17 of 1964.

Short title.

Interpretation.

40 of 1963.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Certified Institutions (Children’s Reformation) [CAP. 121

[ ]

7

3. It shall be lawful for the Minister to purchase, lease or otherwise

acquire and hold any land or building which may be necessary for the

purpose of establishing a certified institution and to sell, assign, or otherwise

dispose of any such land or building.

4. The Minister, if satisfied with the condition of an institution and its

fitness for the reception of children, may certify that such institution is fit for

the reception of children to be sent there in pursuance of this Act.

5.-(1) The Minister, if dissatisfied with the condition, management or

superintendence of a certified institution may, at any time, by notice served on

the manager of the institution, declare that the certificate of the institution is

withdrawn as from a date specified in the notice, being not less than six

months after the date of the notice, and at that specified date the withdrawal

of the certificate shall take effect, and the institution shall cease to be a

certified institution.

(2) The Minister may, if he thinks fit, instead of withdrawing the

certificate, by notice served on the manager of the institution, prohibit the

admission of children to the institution for such time as may be specified in the

notice or until the notice is revoked.

6. The manager of a certified institution may on giving six months’

notice, and the executors or administrators of a deceased manager of a

certified institution may on giving one month’s notice, in writing to the

Minister of their intention to do so, resign the certificate for the institution,

and, accordingly, at the expiration of six months or one month, as the case

may be, from the date of the notice, unless before that time the notice is

withdrawn, the resignation of the certificate shall take effect, and the

institution shall cease to be a certified institution.

7.-(1) No child shall be received into a certified institution in pursuance of

this Act after the date of the receipt by the manager of the institution of a

notice of withdrawal of the certificate for the institution or after the date of a

Land, etc., for

certified

institution.

Certification of

institutions.

40 of 1963.

Power of Minister

to withdraw

certificate.

Resignation of

certificate by

manager.

Effect of

withdrawal or

resignation of

certificate.

notice of resignation of the certificate.

(2) Notwithstanding subsection (1), the obligation mentioned in

section 11 of the manager to lodge, feed, care for and instruct any children

detained in the institution at the respective dates aforesaid shall, except so far

as the Minister otherwise directs, continue until the withdrawal or resignation

of the certificate takes effect, or until the discontinuance of payments under

rules made under this Act towards the expenses of the children detained in the

institution, whichever may first happen.

8. When an institution ceases to be a certified institution, the children

detained therein shall be, by order of the Minister, either discharged or

referred to some other certified institution.

9. A notice of the grant of a certificate to an institution, or of

withdrawal or resignation of such a certificate, shall within one month be

published in the Gazette.

10.-(1) Each magistrate shall be ex officio an official visitor to any certified

institution within his district, and the Minister may appoint annually other

official visitors for any certified institution.

(2) The members of the National Assembly shall be official

visitors to certified institutions.

11.-(1) The manager of a certified institution in which a child is detained

under a detention order shall have the custody and care of, and the power

and authority of a parent over, such child, and shall-

(a) be responsible for seeing that the child is properly

lodged, fed, cared for, and instructed;

(b) permit the official visitors or any person authorised by

Disposal of

inmates on

withdrawal or

resignation of

certificate.

40 of 1963.

Publication of

grant, etc., of

certificate.

Official visitors.

14 of 1982.

Duties of manager.

4 of 1963.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Certified Institutions (Children’s Reformation) [CAP. 121

[ ]

9

the Minister in writing at any time to enter and inspect

the buildings in which such child is lodged or instructed

and to see and question the child either alone or in the

presence of an officer of the institution;

(c) forthwith notify the nearest magistrate and the Permanent

Secretary, in the event of the death of the child or of the

child leaving the institution whilst his detention order is in

force;

(d) keep and produce for inspection whenever required by

an official visitor or any person authorised by the

Minister in writing, all detention orders in force relating

to children sent to such certified institution; and

(e) not remove the child from the place to which he has

been sent under the detention order, except with the

consent of the Minister.

(2) If the manager contravenes or fails to comply with this section

he shall be guilty of an offence and on conviction thereof be liable to a fine

not exceeding two hundred and fifty dollars.

12.-(1) The manager of a certified institution may at any time, and shall,

whenever so required by the Minister, make rules for the management and

discipline of the institution.

(2) All rules so made shall in all cases be subject to the approval

of the Minister.

13.-(1) The production of the Gazette containing a notice of the grant, or of

the withdrawal or resignation, of a certificate to a certified institution shall be

sufficient evidence of the fact of a certificate having been duly granted to the

institution named in the notice, or of the withdrawal or resignation of such

Power to make

rules.

Evidence of

documents.

S.I. 17 of 1964.

40 of 1963.

certificate.

(2) A certified institution to which any child is directed to be sent

in pursuance of this Act shall, until the contrary is proved, be deemed to be

a certified institution.

Detention Orders

14. Where a child, who in the judgment of the court before whom he is

charged, is apparently under the age of sixteen years and is convicted on

indictment, or in a summary manner of an offence punishable in the case of

an adult with imprisonment, the court may in lieu of sentencing him

according to law to any other punishment, order that he be sent to an

institution and be there detained.

15. Where a child apparently under the age of sixteen years is charged

before a court of summary jurisdiction with an offence punishable by such

court and the child ought, in the opinion of such court, regard being had to

his age and the circumstances of the case, to be sent to a certified institution,

such court may order him to be sent to such institution and there detained.

16. When the parent or guardian of a child apparently under the age of

sixteen years represents to the magistrate that he is unable to control the

child, and that he desires that the child be sent to a certified institution under

this Act, the magistrate, if satisfied on inquiry that it is expedient so to deal

with the child and that the parent or guardian understands the results which

will follow, may order such child to be sent to such institution and to be

there detained.

17. The Minister may order any child apparently under the age of

sixteen years who is undergoing a sentence of imprisonment, in any prison in

Belize, to be removed and taken to a certified institution, and the child shall

be there detained for such period of time as the detention order shall specify

and be subject to all the provisions of this Act as if he had been originally

Children under

sixteen convicted

and liable to

imprisonment may

be sent to an

institution.

Age at which

magistrate may

order child to be

sent to an

institution.

Sending to an

institution of

refractory child

under sixteen

years.

Minister may

transfer prisoner

under sixteen

years of age to an

institution.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Certified Institutions (Children’s Reformation) [CAP. 121

[ ]

11

ordered to be detained at a certified institution.

18.-(1) The order of the Minister or a court by which a child is ordered to

be detained in a certified institution shall be specified in the form of the

Schedule, or to the like effect.

(2) No such order shall specify the period during which the child is

to be so detained.

(3) Every child ordered by the Minister or by a court under this

Act to be detained at a certified institution, shall be so detained and dealt with

in accordance with the Act until such time as the Minister may order his

discharge therefrom, but in no case shall any child be detained at a certified

institution beyond the age of eighteen years.

19.-(1) The person by whom any child ordered to be sent to a certified

institution is detained shall at the appointed time deliver him into the custody

of the constable or other person responsible for his conveyance to the

institution, who shall deliver him to the person in charge of the institution

together with the detention order.

(2) The detention order in pursuance of which the child is sent to

the institution shall be a sufficient authority for his conveyance and detention

in the institution.

20. An order of a court ordering a child to be sent to and detained in a

certified institution may, if the court thinks fit, be made to take effect either

immediately or at any later date specified therein.

21. If-

(a) a detention order is made but is not to take effect

immediately; or

Form of

detention order.

Schedule.

Conveyance to

an institution.

Operation of

order may be

deferred.

Power of court to

make detention

order in certain

cases.

(b) at a time specified for the order to take effect the child

is unfit by reason of any disease or other physical

defect or injury to be sent to an institution,

the court may make an order committing him either to the custody of a

relative or other fit person or to be detained in a public hospital or prison

and he shall be so kept in custody or be detained accordingly until he is sent

to the institution in pursuance of the detention order.

Administration

22.-(1) The manager may at any time, with the sanction of the Minister, by

licence in writing, permit any child to live outside the institution with any

trustworthy and respectable person named in the licence, who is willing to

receive, teach, train and take charge of him.

(2) Any licence so granted shall not be in force for more than six

months, but may, before the expiration of the six months, be renewed for a

further period not exceeding six months, to commence from the expiration

of the previous period of six months, and so from time to time until the child

shall be lawfully discharged from the institution or the licence be revoked by

the Minister.

(3) The Minister may at any time by order in writing revoke any

such licence, and order the child to return to the institution.

(4) At the termination of a licence for any cause whatever, and

provided that the child has not reached the age of eighteen years, he shall be

returned to the institution to be there detained.

(5) Any child running away from the person with whom he is

placed under a licence as mentioned in subsection (1) or refusing to return

to the institution on the revocation or expiration of his licence shall be liable

to the same penalty as if he had run away from the institution itself.

Children may live

outside a certified

institution under

licence.

40 of 1963.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Certified Institutions (Children’s Reformation) [CAP. 121

[ ]

13

(6) The time during which a child is absent from an institution in

pursuance of a licence under this section shall be deemed to be part of the

time of his detention in the institution.

(7) Where a licence has been revoked or has expired and the

child refuses or fails to return to the institution, a court of summary

jurisdiction, if satisfied by information on oath that there are reasonable

grounds for believing that his parent or guardian or any other person could

produce the child, may issue a summons requiring the parent, guardian or

other person to attend at the court on such day as may be specified in the

summons and to produce the child.

(8) If such parent, guardian or other person, without reasonable

excuse, fails to do so, he shall, in addition to any other liability to which he

may be subject under the provisions of this or any other Act, be guilty of an

offence and liable on summary conviction to a fine not exceeding one

hundred and twenty-five dollars.

23. The manager may, with the consent of the child concerned, bind any

child ordered to be detained in the institution as an apprentice to any trade,

calling or service until he completes the age of eighteen years, and every such

binding shall be valid and effectual to all intents and purposes.

24. Every indenture of apprenticeship entered into under this Act shall,

after approval of its terms by the Minister, be executed by the manager, by

the child to whom it relates and by the person such child agrees to serve, and

shall contain provisions to the following effect-

(a) a provision binding the child to do and render the work,

labour and services of the nature and extent therein

described;

(b) a provision binding his employer to pay him the rate of

Power to

apprentice child

in an institution.

Provisions which

every indenture

of apprenticeship

shall contain.

40 of 1963.

remuneration or wages therein specified, and also to

supply him free of charge with food, lodging and

clothing, and with medical aid and medicine, whenever

necessary;

(c) an agreement that the indenture shall be enforceable

and proceedings may be taken in respect of any breach

thereof in the district court of the district of Belize to

which the child is going:

Provided that the court to which any complaint is made by either

party to such indenture may, in lieu of enforcing it, terminate the contract on

such terms as it thinks best;

(d) a provision binding the employer to furnish the manager

with any information as to the condition of the child

which may be asked for by such person either in

person or by letter, and to permit such person or any

person authorised by him in writing to visit the child at

any time during the day;

(e) a statement of the duration of the contract; and

(f) such other provisions not contrary to this Act as may

be required or approved by the manager.

25. At the termination of an indenture made under this Act for any cause

whatever, the child shall be returned to the institution to be there detained, if

he has not attained the age of eighteen years.

Period of

apprenticeship

deemed part of

term of detention

at an institution.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Certified Institutions (Children’s Reformation) [CAP. 121

[ ]

15

26. If any child apprenticed under this Act misconducts himself or runs

away from the person to whom he is apprenticed, he shall be deemed to

have run away from the institution and be liable to the same punishment as if

he had actually so run away.

27. The Minister may at any time order any child to be discharged from

an institution, either absolutely or on such conditions as the Minister may

approve, and the child shall be discharged accordingly.

28. No child who has, to the knowledge of the manager, attained the age

of eighteen years shall be detained in an institution.

29.-(1) When the exact age of any child subject or likely or alleged to be

subject to this Act is unascertainable, it shall be sufficient for all purposes of

this Act to ascertain the approximate age of the child.

(2) A person acting bona fide under this Act shall not be liable in

any action for any act done thereunder where the plaintiff claims damages

upon the ground that he was either over or under a certain age when the act

complained of was done.

(3) The age of a child shall be determined at the time of his entry

into an institution, either by the court or by the manager in consultation with

the parent or guardian of the child, and the age then determined shall be

taken to be the age of such child during the whole term of his residence at the

institution unless legal documentary evidence be produced to prove that his

age is otherwise.

30. A certificate purporting to be signed by the manager to the effect that

the child therein named was duly received into and is, at the signing thereof,

detained in the institution, or has been duly discharged or removed therefrom,

Discharge of

child attaining

eighteen years.

As to the

ascertaining of a

child’s age.

Evidence as to

reception in and

discharge from

an institution.

Power of the

Minister to

discharge children

from an

institution.

40 of 1963.

Punishment of

children under

apprenticeship

misconducting

themselves, etc.

or otherwise disposed of according to law, shall be evidence of the matters

therein stated.

31. Every officer of a certified institution who is in charge of any child

sent to the institution under this Act for the purpose of conveying him to or

from the institution or of bringing him back to the institution in the case of his

running away or refusing to return, shall for such purpose, and while

engaged in such duty, enjoy the same powers, privileges and protection as

any police or prison officer has or enjoys under any Act.

32. The Minister may make rules with respect to-

(a) the determination of the sums or allowances to be from

time to time paid or made out of moneys voted by the

National Assembly for the upkeep and the expenses

incidental thereto of any certified institution;

(b) the allowances to be from time to time made out of

moneys voted by the National Assembly for the

maintenance and support of children detained in any

certified institution including the expenses of removal in

the case of any child to be transferred from one

institution to another and the expenses attendant upon

dealing with children under this Act;

(c) all such other matters and things as may appear

necessary or expedient for effectually carrying into

operation the provisions of this Act;

(d) the forms to be used for the purposes of this Act.

33. This Act shall be in addition to and not in derogation of any of the

provisions of the Juvenile Offenders Act.

Rules.

40 of 1963.

Saving.

CAP. 119.

Protection of

employees in an

institution.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Certified Institutions (Children’s Reformation) [CAP. 121

[ ]

17

Offences and Penalties

34.-(1) If any child detained in a certified institution is guilty of-

(a) running away therefrom at any time before the expiration

of his period of detention; or

(b) any serious or wilful breach of the rules of the institution;

or

(c) inciting other inmates by his behaviour to break such

rules; or

(d) becoming so uncontrollable as to be a menace to the

good order and discipline of the institution,

he shall be brought before a court of summary jurisdiction upon a complaint

by the manager and be liable on summary conviction to have the period of his

detention in the institution increased by any period not exceeding six months.

(2) If any such child is of the age of sixteen or upwards, he shall

be liable to be imprisoned for a term not exceeding six months and if

sentenced to such imprisonment the unexpired portion of his period of

detention shall thereupon be remitted.

35. If any person-

(a) knowingly assists, either directly or indirectly, a child

detained in an institution to run away therefrom; or

(b) directly or indirectly induces any child to run away from

an institution; or

(c) knowingly harbours, conceals or prevents from returning

Offences.

Wilful breach of

rules.

20 of 1978.

to an institution or assists in harbouring, concealing or

preventing from returning to the institution any child

who has run away therefrom,

he is guilty of an offence and is liable on summary conviction to be

imprisoned for a term not exceeding three months, or to a fine not exceeding

two hundred and fifty dollars.

Procedure

36. No summons, notice or order made for the purpose of carrying into

effect this Act shall be invalidated for want of form only.

37. Service of notice may be made on a certified institution by delivery

of it to the manager personally or by posting it in a letter addressed to the

institution.

38. The production of the detention order in pursuance of which a child

is directed to be sent to and detained in a certified institution, with a

statement endorsed thereon or annexed thereto, purporting to be signed by

the manager, that the child mentioned therein is, at the date of the signing

thereof detained in the institution, or has been otherwise dealt with

according to law, shall, in all proceedings relating to such child, be evidence

of the identity of, and of the due making of the order and subsequent

detention of, the child named in the order or other document.

Service of notices.

Evidence as to

child being

detained in the

institution.

Summonses,

notices or orders

not invalidated

for want of form.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Certified Institutions (Children’s Reformation) [CAP. 121

[ ]

19

SCHEDULE

[Section 18]

Detention Order

BELIZE

Be it remembered that on the day of

20 , in pursuance of the provisions of the Certified

Institutions (Children’s Reformation) Act, I, the Undersigned,

being the

do order that ,

being a child apparently of the age of years, and subject to

the provisions of the said Act, be sent to

and that he be there detained and dealt with in accordance with the

provisions of the said Act.

This Order shall take effect from the day of

20

GIVEN under my hand at on the

day of 20 .

Minister.

Judge.

Magistrate.

CAP. 121.