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.
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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.
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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.
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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.
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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.
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(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.
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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.
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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.
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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.