CAP. 135 DEFENCE ACT BELIZE
DEFENCE ACT
CHAPTER 135
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
DEFENCE ACT 18
Amendments in force as at 31st December, 2000.
BELIZE
DEFENCE ACT
CHAPTER 135
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
DEFENCE ACT 18
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.
Defence [CAP. 135
[ ]
3
CHAPTER 135
DEFENCE
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
3. Provisions as to active service.
4. Establishment of the Force.
5. Employment of the Force.
6. Formation into units.
7. Employment of Force outside Belize.
8. Overseas training.
PART II
Belize Defence Board
9. Membership of the Board.
10. Functions of the Board.
PART III
Officers
11. Power to grant commissions.
12. Appointment and transfer of officers.
13. Resignation and dismissal of officers.
14. Power to make regulations under this Part.
PART IV
Enlistment and Terms of Service in the Regular Force
Enlistment
15. Recruiting officers.
16. Enlistment.
Terms and conditions of service
17. Terms of enlistment.
18. Re-engagement and continuance of service.
19. Prolongation of service.
Discharge and transfer to the Reserve
20. Discharge.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
5
21. Transfer to the reserve.
22. Postponement of discharge or transfer pending proceedings for
offences, etc.
23. Restrictions on reduction in rank of warrant officers and non-
commissioned officers.
24. Right of warrant officer to discharge on reduction in rank.
25. Discharge of members of Force.
26. Right of soldier to purchase discharge.
Miscellaneous and supplementary provisions
27. Rules for reckoning service.
28. Validity of attestation and enlistment.
29. False answers in attestation papers.
PART V
Discipline and Trial and Punishment of Military Offences.
Misconduct in action and other offences arising
out of military service
30. Misconduct in action.
31. Assisting the enemy.
32. Obstructing operations.
33. Offences by or in relation to sentries.
34. Failing to attend for duty, neglect of duty, etc.
35. Looting.
Mutiny and insubordination
36. Mutiny.
37. Failure to suppress mutiny.
38. Insubordinate behaviour.
39. Disobedience to lawful orders.
40. Disobedience to standing orders.
Desertion, absence without leave, etc.
41. Desertion.
42. Absence without leave.
43. Failure to apprehend or report deserters or absentees.
Malingering and drunkenness
44. Malingering.
45. Drunkenness.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
7
Disorderly conduct
46. Fighting, threatening words, etc.
Offences relating to property
47. Offences relating to public or service property, etc.
48. Misapplication and waste of public or service property.
49. Offences relating to issues and decorations.
Offences relating to, and by, persons in custody
50. Permitting escape and unlawful release of prisoners.
51. Resistance to arrest.
52. Escape from confinement.
Offences in relation to courts martial and civil authorities
53. Offences in relation to courts martial.
54. False evidence.
55. Obstruction of police officer arresting officer or soldier.
Miscellaneous offences
56. Unauthorised disclosure of information.
57. Making of false statement on enlistment.
58. Making of false documents.
59. Offences against morale.
60. Scandalous conduct of officers.
61. Ill-treatment of officers or soldiers of inferior rank.
62. Disgraceful conduct.
63. False accusations.
64. Attempts to commit military offences.
65. Aiding and abetting, etc., and inciting.
66. Conduct to prejudice of military discipline.
Civil offences
67. Civil offences.
Punishments
68. Punishment of officers.
69. Punishment of soldiers.
70. Imprisonment.
Arrest
71. Power to arrest offenders.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
9
72. Provisions for avoiding delay after arrest.
Investigation of and summary disposal of charges
73. Powers of commanding officer.
Courts martial: general provisions
74. Trial by, and powers of, court martial.
75. Convening and composition of court martial.
76. Supplementary provisions as to constitution of courts martial.
77. Place for sitting of courts martial and adjournment to other places.
Courts martial: provisions relating to trial
78. Challenges by accused.
79. Administration of oaths.
80. Courts martial to sit in open court.
81. Dissolution of courts martial.
82. Decisions of courts martial.
83. Finding and sentence.
84. Power to convict of offence other than that charged.
85. Rules of evidence.
86. Privilege of witnesses and others at courts martial.
87. Offences by civilians in relation to courts martial.
88. Affirmations.
Confirmation and revision of proceedings of courts martial
89. Confirmation of proceedings of courts martial.
90. Petitions against findings or sentence.
91. Revision of findings of courts martial.
92. Powers of confirming authority.
93. Confirming authority.
Review of summary findings and awards
94. Review of summary findings and awards.
Findings of insanity, etc.
95. Provisions where accused found insane.
Commencement and duration of sentences
96. Commencement of sentences.
97. Duration of sentences of imprisonment and detention.
98. Restrictions on serving of sentences of detention.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
11
99. Special provisions as to civil prisons in Belize.
Trial of persons ceasing to be subject to military law and time limited
for trials
100. Trial and punishment of offences under this Act notwithstanding
offender ceasing to be subject thereto.
101. Limitation of time for trial of offences under this Act.
Relations between military law and civil courts and finality of trials
102. Jurisdiction of civil courts.
103. Persons not to be tried under this Act for offences already disposed
of.
Miscellaneous provisions
104. Appointment of judge advocate.
105. Promulgation.
106. Custody of proceedings of court martial and right of accused to a
copy thereof.
Rules of procedure
107. Rules of Procedure.
Inquiries
108. Courts of inquiry.
109. Inquiries into absence.
PART VI
Forfeitures and Deductions
110. Forfeitures and deductions: general provisions.
111. Forfeiture of pay for absence from duty.
112. Suspension.
113. Deductions for payment of civil penalties.
114. Compensation for loss occasioned by wrongful act or negligence.
115. Deductions for barrack damage.
116. Remission of forfeiture and deductions.
PART VII
The Volunteer Element of the Force
117. Composition of the volunteer element of the Force.
118. Enlistment and re-engagement in the volunteer element.
119. Training of volunteer element.
120. Call out of volunteer element on temporary service.
121. Call out of volunteer element on permanent service.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
13
122. Attendance on call out.
123. Effective time of call out.
124. Termination of service.
125. Posting or attachment of members of volunteer element.
126. Punishment for non-attendance.
127. Wrongful sale, etc., of public property.
128. Discharge from volunteer element.
129. Application of Parts V and VI.
130. Protection from dismissal and loss of wages, etc.
PART VIII
The Reserve
131. Composition of reserve.
132. Re-engagement in the reserve.
133. Call out of reserve on permanent service.
134. Attendance upon call out.
135. Effective time of call out.
136. Termination of service.
137. Posting and attachment of members of the reserve.
138. Punishment for non-attendance.
139. Discharge from reserve.
140. Application of Parts V and VI.
141. Protection from dismissal and loss of wages, etc.
PART IX
Government and General Provisions
Command
142. Command of Force.
143. Powers of command of members of co-operating forces.
Redress of complaints
144. Complaints by officers.
145. Complaints by soldiers.
Exemption from members of Force
146. Exemption from jury service.
147. Exemption from taking in execution of property used for military
purposes.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
15
Provisions relating to deserters
and absentees without leave
148. Arrest of deserters and absentees without leave.
149. Proceedings before a civil court where persons suspected of illegal
absence.
150. Deserters and absentees without leave surrendering to police.
151. Certificate of arrest or surrender of deserters and absentees.
152. Duties of superintendent of prisons and others to receive deserters
and absentees.
Offences Relating to Military Matters
Punishable by Civil Courts
153. Punishment for procuring and assisting desertion.
154. Punishment for obstructing members in execution of duty.
155. Punishment for aiding malingering.
156. Unlawful purchase, etc., of military stores.
157. Illegal dealings in documents relating to pay, pensions, mobilisation,
etc.
Provisions as to evidence
158. General provisions as to evidence.
159. Proof of outcome of civil trial.
160. Evidence of proceedings of court martial.
Miscellaneous provisions
161. Temporary reception in civil custody of persons under escort.
162. Avoidance of assignment of, or charge on, military pay, pensions,
etc.
Belize Defence Force Benevolent Fund
163. Establishment of Belize Defence Force Benevolent Fund.
PART X
Application of Act and Supplementary Provisions
164. Persons subject to military law.
165. Application of the Army Act, 1955.
166. Power to make regulations.
167. Power to make regulations relating to national service.
168. Executing of orders, instruments, etc.
169. Saving of rights of officers and soldiers of Volunteer Guard.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
17
FIRST SCHEDULE
Form of Commission
SECOND SCHEDULE
Questions to be put to a person offering to enlist, etc.
THIRD SCHEDULE
Alternative offences of which accused may be convicted by court
martial
FOURTH SCHEDULE
Offences triable summarily without consent of offender
FIFTH SCHEDULE
Offences triable summarily with consent of offender
SIXTH SCHEDULE
Offences triable by a court martial only
CHAPTER 135
DEFENCE
[1st January, 1978]
PART I
Preliminary
1. This Act may be cited as the Defence Act.
2.-(1) In this Act, unless the context otherwise requires:-
“acting rank” means rank of any description (however called) such that
under regulations under section 166 a commanding officer has power to
order the holder to revert from that rank; and “acting warrant officer” and
“acting non-commissioned officer” shall be construed accordingly;
“arrest” includes open arrest;
“before the enemy”, in relation to a person, means that he is in action against
the enemy or about to go into action against the enemy or is under attack or
threat of imminent attack by the enemy;
“civil court” means a court of ordinary criminal jurisdiction, but does not,
except where otherwise expressly provided, include any such court outside
Belize;
“civil offence” has the meaning assigned to it by section 67 (2);
“Commandant” means the officer appointed by the Governor-General under
1Post-independence series (Acts).
Short title.
Interpretation.
2 of 1981.
CAP. 106,
R.E., 1980-1990.
8 of 1977.
2 of 19811.
5 of 1983.
22 of 1987.
30 of 1990. Commencement.
S.I. 79 of 1977.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
19
section 142 to have command of the Force;
“commanding officer” means an officer commanding a unit or a detachment
of a unit of the Force;
“on conviction” in sections 30 to 64, and 66, means on conviction by a court
martial;
“corresponding civil offence” has the meaning assigned to it by section 67
(2);
“damage” includes destruction, and references to damaging shall be
construed accordingly;
“date of attestation” in relation to any person, means the date on which he is
attested in accordance with the provisions of this Act;
“decoration” includes medal, medal ribbon, clasp and badge;
“desertion” shall be construed in accordance with section 41 (2);
“detachment” means a part of a unit which is so separated from the unit to
which it belongs that the commanding officer of that unit cannot effectively
exercise his disciplinary powers as commanding officer over it;
“enemy” includes all persons engaged in armed operations against the Force
or any forces co-operating therewith and also includes all armed mutineers,
armed rebels, armed rioters and pirates;
“the Force” means the Belize Defence Force established under this Act;
“prescribed” means prescribed by Rules of Procedure made under section
107;
“public property” means any property belonging to the Government of
Belize or held for the purposes thereof;
“recruiting officer” means a person authorised as such under the provisions
of section 15;
“service”, when used adjectivally, meam belonging to or connected with the
Force;
“soldier” does not include an officer, but with the modifications contained in
this Act in relation to warrant officers and noncommissioned officers,
includes (except in section 73) a warrant officer and a non-commissioned
officer;
“steal” has the meaning assigned to in section 139 of the Criminal Code;
“stoppages” means the recovery by deductions from the pay of the offender,
of a specified sum by way of compensation for any expenses, loss or
damage occasioned by the offence;
“unit” means any body of the Force declared by the Minister to be a unit;
“volunteer element” means the volunteer element of the Force.
(2) References to warrant officers do not include references to
acting warrant officers.
(3) References to non-commissioned officers include references
to acting non-commissioned officers and to acting warrant officers.
3.-(1) In this Act, the expression “on active service”, in relation to any unit,
means that it is engaged in operations against an enemy, and in relation to a
person, means that he is serving in or with such a unit which is on active
service.
2 of 1981.
CAP. 101.
Provisions as to
active service.
2 of 1981.
2 of 1981.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
21
(2) Where it appears to the Governor-General that, by reason of
the imminence of active service or of the recent existence of active service, it
is necessary for the public service that a unit should be deemed to be on
active service, he may declare that for such period, not exceeding three
months, beginning with the coming into force of the declaration as may be
specified therein, that unit shall be deemed to be on active service.
(3) Where it appears to the Governor-General that it is necessary
for the public service that the period specified in a declaration under
subsection (2) should be prolonged or, if previously prolonged under this
section, should be further prolonged, he may declare that the said period shall
be prolonged by such time, not exceeding three months, as may be specified
in the declaration under this subsection.
(4) If at any time while any unit is deemed to be on active service
by virtue of the foregoing provisions of this section, it appears to the
Governor-General that there is no necessity for the unit to continue to be
treated as being on active service, he may declare that as from the coming
into operation of the declaration the unit shall cease to be deemed to be on
active service.
(5) Any declaration under this section shall be made by
proclamation.
4. There shall be established and maintained in Belize a body of Her
Majesty’s military forces to be called the BELIZE DEFENCE FORCE consisting
of-
(a) a regular force;
(b) the volunteer element; and
(c) the reserve.
Establishment of
the Force.
5. The Force shall be charged with-
(a) the defence of Belize;
(b) the support of the civil authorities in the maintenance of
order in Belize; and
(c) such other duties as may from time to time be defined
by the Governor-General.
6. The Force may by order of the Minister be formed into units.
7. The Governor-General may at any time order that the whole or any
part of the Force shall be employed out of or beyond Belize:
Provided that no officer or soldier of the volunteer element or the
reserve shall be liable to be employed out of or beyond Belize unless either
he is a soldier serving in the reserve in consequence of being transferred
from the regular force or he has entered into an agreement in writing
accepting such a liability.
8.-(1) The Minister may order that any member of the regular force, or
with his consent, any member of the volunteer element or of the reserve,
shall proceed to any place outside Belize for the purpose of undergoing
instruction or training, or for duty or employment.
(2) The Minister may, if the consent of the member concerned is
first obtained, place any member of the Force at the disposal of the military
authorities of any other country or territory for the purpose of his being
attached to the armed forces of that country or territory for duty or for
training.
Formation into
units.
2 of 1981.
Overseas train-
ing.
2 of 1981.
Employment of
the Force.
2 of 1981.
Employment of
Force outside
Belize.
2 of 1981.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
23
PART II
Belize Defence Board
9.-(1) There shall be a Belize Defence Board hereinafter referred to as the
“Board” which shall consist of the following members-
(a) the Minister responsible for defence who shall be the
chairman;
(b) such other Minister as shall be appointed by the Prime
Minister,who shall be deputy chairman;
(c) the Permanent Secretary to the Ministry responsible for
defence;
(d) the Chief of Staff of the Ministry responsible for
defence; and
(e) the Commandant Belize Defence Force.
(2) The Permanent Secretary to the Ministry responsible for
defence shall function as the secretary of the Board.
(3) In the absence of the chairman whether through illness or
otherwise, the deputy chairman, if present, shall act as chairman.
(4) Notwithstanding any vacancy in its membership, it shall be
lawful for the Board to hold meetings and to carry out its duties, functions
and obligations hereunder.
(5) The Board shall meet as often as is necessary to carry out its
duties, functions and obligations hereunder.
Membership of
the Board.
2 of 1981.
2 of 1981.
30 of 1990.
(6) Any question arising at any meeting of the Board shall be
determined by a majority of the votes of those present. The chairman shall
have, if there is an equality of votes, a second or casting vote.
(7) Subject to the foregoing provisions of this section and those
of this Act, the Board may regulate its own procedure.
10.-(1) The Board shall be responsible, under the general authority of the
Minister, for the formulation of policy, the training and administration of the
Belize Defence Force, the structural organisation of the Belize Defence
Force, and for such other functions as may be assigned to it from time to
time.
(2) The Board may make such recommendation as it considers
necessary to the Public Services Commission with regard to the
appointment, disciplinary control and removal of members of the Belize
Defence Force.
PART III
Officers
11.-(1) The power to grant commissions in the Force shall be vested in the
Governor-General.
(2) In exercise of this power the Governor-General shall act in
accordance with the advice of the Public Services Commission.
(3) A commission may be granted either for an indefinite period
or for a specified time.
(4) Every officer on being granted a commission shall be issued
with a commission to be signed by the Governor-General in the form set out
in the First Schedule.
Functions of the
Board.
2 of 1981.
Power to grant
commissions.
2 of 1981.
First Schedule.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
25
12.-(1) Every officer upon being granted a commission shall, in accordance
with the advice of the Public Services Commission, be appointed by the
Governor-General.
(2) The Governor-General may, in accordance with the advice of
the Public Services Commission, transfer any officer between the regular
force, the volunteer element and the reserve:
Provided that no officer shall be transferred to the regular force, the
volunteer element or the reserve without his consent.
13.-(1) The Governor-General may, in accordance with the advice of the
Public Services Commission, permit an officer of the Force to resign his
commission.
(2) The Governor-General may, in accordance with the advice of
the Public Services Commission, terminate the commission of an officer of
the Force for inefficiency or for any other cause.
14.-(1) Subject to the provisions of this Act and after consultation with the
Public Services Commission, the Governor-General may make regulations
for the better carrying out of the provisions of this Part and, without prejudice
to the generality of the foregoing, such regulations may make provisions with
respect to all or any of the following matters-
(a) the commissioning of officers;
(b) their appointment;
(c) their transfer;
(d) their promotion;
(e) their retirement;
Resignation
and dismissal
of officers.
2 of 1981.
Power to make
regulations
under this Part.
2 of 1981.
Appointment
and transfer of
officers.
2 of 1981.
(f) their resignation; and
(g) other matters concerning officers as may seem to him
necessary.
(2) The appointment, transfer, substantive promotion, retirement,
resignation or removal from office of any officer shall be notified in the
Gazette.
PART IV
Enlistment and Terms of Service in the Regular Force
Enlistment
15. Any officer authorised by the Commandant, in this Act referred to
as a recruiting officer, may enlist recruits in the regular force in accordance
with the following provisions of this Act.
16.-(1) A person offering to enlist in the regular force shall be given a notice
set out in the Second Schedule setting out the questions to be answered on
attestation and stating the general conditions of the engagement to be
entered into by him, and a recruiting officer shall not enlist any person in that
force unless satisfied by that person that he has been given such a notice,
understands it, and wishes to be enlisted.
(2) A recruiting officer shall not enlist a person under the age of
eighteen years in the regular force.
(3) On satisfying himself as provided in this section, the recruiting
officer shall request the recruit to take the oath or, as the case may be, make a
solemn affirmation of allegiance (which the recruiting officer is hereby authorised
to administer).
Recruiting
officers.
2 of 1981.
Second
Schedule.
Enlistment.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
27
Terms and conditions of service
17.-(1) The term for which a person enlisting in the regular force may be
enlisted shall be such a term beginning with the date of his attestation as is
mentioned in subsection (2).
(2) The said terms shall be-
(a) a term of twelve years regular service;
(b) a term of three years regular service and nine years in
the reserve;
(c) a term of six years regular service and six years in the
reserve; or
(d) a term of nine years regular service and three years in
the reserve.
18.-(1) Any soldier of the regular force of good character, who at any time
has completed, or within two years before completing, the term of his regular
service, may, with the approval of the Commandant, re-engage for such
further period or periods of regular service and for service in reserve:
Provided that such further period or periods of regular service together
with the original period of such service shall not, except as provided by
subsection (2), exceed a total continuous period of twenty-two years regular
service from the date of the soldier’s original attestation.
(2) Any soldier of the regular force who shall have completed a
period of twenty-two years’ regular service may, if he shall so desire and with
the approval of the Commandant, continue to serve in all respects as if his
term of such service was still unexpired except that it shall be lawful for him
to claim his discharge at the expiration of the period of three months
Re-engagement
and continuance of
service.
2 of 1981.
Terms of
enlistment.
beginning with the day on which he gives to his commanding officer notice of
his wish to be discharged.
19. Any soldier of the regular force whose term of regular service
expires during a state of war, insurrection, hostilities or public emergency
may be retained in that force and his service prolonged for such further
period as the Governor-General in accordance with the advice of the Public
Services Commission may direct.
Discharge and transfer to the Reserve
20.-(1) Save as in this Act provided, every soldier of the regular force upon
becoming entitled to be discharged shall be discharged with all convenient
speed, but until discharged shall remain subject to military law.
(2) Except in pursuance of the sentence of a court martial, a
soldier of the regular force shall not be discharged unless his discharge has
been authorised by order of his commanding officer.
(3) Every soldier of the regular force shall be given on his
discharge a certificate of discharge containing particulars as to his conduct
and service.
21.-(1) Save as in this Act provided, every soldier of the regular force, upon
falling to be transferred to the reserve, shall be transferred thereto but until
so transferred shall remain subject to military law.
(2) Notwithstanding anything contained in subsection (1), the
Commandant may, when a soldier of the regular force falls to be transferred
to the reserve, discharge him forthwith without giving any reason and in any
such case the provisions of section 20 (3) shall apply.
Discharge.
Transfer to the
reserve.
2 of 1981.
Prolongation
of service.
2 of 1981.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
29
22.-(1) Notwithstanding anything in this Part, a soldier of the regular force
shall not be entitled to be discharged or transferred to the reserve at a time
when he has become liable to be proceeded against for an offence against
any of the provisions of this Act:
Provided that if it is determined that the offence shall not be tried by
court martial this subsection shall cease to apply.
(2) Notwithstanding anything in this Part, a soldier of the regular
force who is serving a sentence of imprisonment or detention awarded by a
court martial or by his commanding officer shall not be entitled to be
discharged or transferred to the reserve during the currency of the sentence.
23.-(1) A warrant officer or non-commissioned officer of the regular force
(other than a lance-corporal) shall not be reduced in rank except by a
sentence of a court martial or his commanding officer or by order of the
Commandant for inefficiency.
(2) For the purposes of this section, reduction in rank does not
include reversion from acting rank.
24. A warrant officer of the regular force who is reduced to the ranks
may thereupon claim to be discharged, unless a state of war, hostilities or
public emergency exists.
25.-(1) Any member of the Force, other than the Commandant, may at any
time be discharged by the Public Services Commission on the advice of the
Belize Defence Board:-
(a) on compassionate grounds;
(b) on appointment to a commission in the Force;
(c) for inefficiency or unsuitability for military service;
Restriction on
reduction in
rank of warrant
officers and
non-
commissioned
officers.
2 of 1981.
Right of
warrant officer
to discharge on
reduction in rank.
Discharge of
members of
Force.
30 of 1990.
Postponement
of discharge or
transfer pending
proceedings for
offences, etc.
(d) on the ground that he is medically unfit for service;
(e) upon his conviction for any offence by the
Commandant, a court martial or a civil court (including
any court of criminal jurisdiction outside Belize);
(f) on security grounds; or
(g) for any other fit and proper cause.
(2) Notwithstanding anything contained in this Act, where a
member of the Force is discharged on the ground specified in paragraph (f)
of subsection (1), it shall not be necessary for the Public Services
Commission to disclose to such member the details for his discharge if the
Public Services Commission, on the advice of the Belize Defence Board, is
satisfied that it would not be in the public interest so to do.
26.-(1) Subject to the provisions of this section, a soldier of the regular force
shall be entitled to claim his discharge at any time before the completion of his
term of engagement and if he makes such a claim he shall, on payment of such
sum and subject to such conditions as may from time to time be prescribed by
the Governor-General on the advice of the Belize Defence Board by regulations
made under this section, be discharged with all convenient speed but until
discharged shall remain subject to military law.
(2) The provisions of section 20 shall not apply to a soldier
discharged under the provisions of this section.
(3) A soldier of the regular force shall not be entitled to claim his
discharge under subsection (1) while soldiers of that force are required to
continue their regular service under the provisions of section 19.
Right of soldier to
purchase
discharge.
30 of 1990.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
31
Miscellaneous and supplementary provisions
27. In reckoning the service of any soldier of the regular force towards
discharge or re-engagement or transfer to the reserve, there shall be
excluded therefrom all periods during which he has been absent from his duty
for any of the following causes-
(a) imprisonment;
(b) desertion; and
(c) absence without leave exceeding twenty-eight days.
28.-(1) Where a person has taken the oath of allegiance upon his attestation
and has thereafter received pay as a soldier of the regular force-
(a) the validity of his enlistment shall not be called in
question on the grounds of any error or omission in his
attestation paper;
(b) after the expiration of the period of three months from
the date on which he took the said oath he shall be
deemed to have been validly enlisted notwithstanding
any non-compliance with the requirements of this Act or
any other ground whatever (not being an error or
omission in his attestation paper) and he shall be
deemed to be a soldier of that force until his discharge.
(2) Nothing in subsection (1) shall be construed as prejudicing the
determination of any question as to the term for which a person was enlisted
or as preventing the discharge of a person who has not claimed his discharge.
29.-(1) If a person appearing before a recruiting officer for the purpose of
being enlisted in the regular force knowingly makes a false answer to any
False answers
in attestation
papers.
Validity of
attestation and
enlistment.
Rules for reckoning
service.
question contained in the attestation paper and put to him by or by the
direction of the recruiting officer, he shall be liable on summary conviction to
imprisonment for a term not exceeding three months or to a fine not
exceeding one hundred dollars.
(2) A person may be proceeded against under this section
notwithstanding that he has since become subject to military law.
PART V
Discipline and Trial and Punishment of Military Offences
Misconduct in action and other offences arising out of military service
30.-(1) A person subject to military law shall be guilty of an offence against
this section if, without lawful excuse, he-
(a) surrenders any place or thing to the enemy; or
(b) abandons any place or thing which it is his duty to
defendagainst the enemy or to prevent from falling into
the hands of the enemy.
(2) A person subject to military law shall be guilty of an offence
against this section, if being in the presence or vicinity of the enemy, or being
engaged in any action or operation against the enemy or under orders to be
prepared for any action or operation by or against the enemy, he-
(a) fails to use his utmost exertions to carry the lawful
orders of his superior officers into execution; or
(b) while on guard duty and posted or ordered to patrol,
sleeps or, without having been regularly relieved, leaves
any place where it is his duty to be; or
Misconduct in
action.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
33
(c) behaves in such a manner as to show cowardice, or
induces any other person so to behave at a time when
that other person, being a member of the Force or of a
force cooperating therewith, is in the presence or vicinity
of the enemy, or is engaged in any action or operation
against the enemy or under orders to be prepared for
any action or operation by or against the enemy; or
(d) uses words likely to cause despondency or unnecessary
alarm.
(3) A person guilty of an offence against this section shall, on
conviction, be liable-
(a) if the offence consisted of an act or omission falling
within subsection (1) or paragraph (a) of subsection (2)
and was committed with intent to assist the enemy,
to suffer death or any less punishment provided by this
Act;
(b) in any other case, to imprisonment or any less
punishment provided by this Act.
(4) The reference in subsection (2) (a) to superior officers shall be
construed in accordance with section 38 (2).
31.-(1) A person subject to military law shall be guilty of an offence against
this section if, knowingly and without lawful excuse, he-
(a) communicates with, or gives intelligence to, the enemy;
or
(b) fails to make known to the proper authorities any
information received by him from the enemy; or
Assisting the
enemy.
(c) furnishes the enemy with supplies of any description; or
(d) having been captured by the enemy, serves with or aids
the enemy in the prosecution of hostilities or of
measures likely to influence morale or in any other
manner whatever not authorised by international usage;
or
(e) having been captured by the enemy, fails to take, or
prevents or discourages any other person subject to
military law who has been captured by the enemy from
taking, any reasonable steps to rejoin the Force which
are available to him or, as the case may be, to that
other person; or
(f) harbours or protects an enemy not being a prisoner of
war.
(2) A person guilty of an offence against this section shall, on
conviction, be liable-
(a) if the offence consisted of an act or omission falling
within paragraph (a), (b), (c), (d), or (f) of subsection
(1) and was committed with intent to assist the enemy,
to suffer death or any less punishment provided by this
Act;
(b) in any other case, to imprisonment or any less
punishment provided by this Act.
32.-(1) A person subject to military law shall be guilty of an offence against
this section if he does any act calculated to imperil the success of any action
or operation on the part of the Force, or wilfully delays or discourages upon
any pretext whatever any such action or operation.
Obstructing
operations.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
35
(2) A person guilty of an offence against this section shall, on
conviction, be liable-
(a) if the offence was committed with intent to assist the
enemy, to death or any less punishment provided by this
Act;
(b) in any other case, to imprisonment or any less
punishment provided by this Act.
33. Any person subject to military law who-
(a) while on guard duty and posted or ordered to patrol, or
under orders to regulate traffic, sleeps, or, without
having been regularly relieved, leaves any place where
it is his duty to be; or
(b) strikes or otherwise uses force against a member of the
Force, or of any forces co-operating therewith, who is
on guard duty and posted or ordered to patrol, or under
orders to regulate traffic; or
(c) by the threat of force compels any such person as is
mentioned in paragraph (b) to let him or any other
person pass,
shall be liable, on conviction, to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
34. Any person subject to military law who-
(a) without reasonable excuse fails to attend for any duty of
an description, or leaves any such duty before he is
permitted to do so; or
Offences by
or in relation to
sentries.
Failure to attend
for duty, neglect
of duty, etc.
(b) neglects to perform, or negligently performs any duty of
any description,
shall be liable, on conviction, to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
35. Any person subject to military law who-
(a) steals from, or with intent to steal searches, the person
of anyone killed, wounded or captured in the course of
warlike operations, or killed, injured or detained in the
course of operations undertaken by the Force for the
preservation of law and order or otherwise in aid of the
civil authorities; or
(b) steals any property which has been left exposed or
unprotected in consequence of any such operations as
are mentioned in paragraph (a); or
(c) takes, otherwise than for the public service, any
vehicle, equipment or stores abandoned by the enemy,
shall be guilty of looting and liable on conviction, to imprisonment or any less
punishment provided by this Act.
Mutiny and insubordination
36.-(1) Any person subject to military law who-
(a) takes part in a mutiny involving the use of violence or
the threat of the use of violence, or having as its object
or one of its objects the refusal or avoidance of any
duty or service against, or in connection with,
operations against the enemy, or the impeding of the
Mutiny.
Looting.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
37
performance of any such duty or service; or
(b) incites any person subject to military law to take part
in such a mutiny, whether actual or intended-
(i) if his offence was committed on active service,
shall be liable to suffer death or any other
punishment provided by this Act; and
(ii) in any other case, be liable to imprisonment or
any less punishment provided by this Act.
(2) Any person subject to military law who in a case not falling
within subsection (1), takes part in a mutiny, or incites any person subject to
military law to take part in a mutiny, whether actual or intended, shall, on
conviction, be liable to imprisonment or any less punishment provided by this
Act.
(3) In this Act, the expression “mutiny” means a combination
between two or more persons subject to military law, or between persons
two at least who are subject to military law-
(a) to overthrow or resist lawful authority in the Force or
any forces co-operating therewith or in any part of
any of the said forces; or
(b) to disobey such authority in such circumstances as to
make the disobedience subversive of discipline, or with
the object of avoiding any duty or service against, or in
connection with operations against, the enemy; or
(c) to impede the performance of any duty or service in the
Force or in any forces co-operating therewith or in any
part of any of the said forces.
37. Any person subject to military law who, knowing that a mutiny is
taking place or is intended-
(a) fails to use his utmost endeavour to suppress or prevent
it; or
(b) fails to report without delay that the mutiny is taking
place or is intended,
shall, on conviction-
(i) if his offence was committed with intent to assist
the enemy, be liable to suffer death or any other
punishment provided by this Act; and
(ii) in any other case, be liable to imprisonment or
any less punishment provided by this Act.
38.-(1) Any person subject to military law who-
(a) strikes or otherwise uses violence, or offers violence,
to his superior officer; or
(b) uses threatening or insubordinate language to his
superior officer,
shall, on conviction, be liable to imprisonment or any less punishment
provided by this Act:
Provided that it shall be a defence for any person charged under this
subsection to prove that he neither knew nor had reasonable cause to
believe that the person in relation to whom the offence is alleged to have
been committed was his superior officer.
Insubordinate
behaviour.
Failure to
suppress mutiny.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
39
(2) In the foregoing provisions of this section, the expression
“superior officer”, in relation to any person, means an officer, warrant officer
or non-commissioned officer of the Force of superior rank, and includes an
officer, warrant officer or non-commissioned officer attached to the Force
whether subject to military law or not of equal rank but greater seniority
while exercising authority as the said person’s superior.
39. Any person subject to military law who, whether wilfully or through
neglect, disobeys any lawful order (by whatever means communicated to
him) shall, on conviction, be liable to imprisonment or any less punishment
provided by this Act.
40.-(1) Any person subject to military law who contravenes or fails to
comply with any provision of orders to which this section applies, being a
provision known to him, or which he might reasonably be expected to know,
shall, on conviction, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
(2) This section applies to standing orders or other routine orders
of a continuing nature made for any formation or unit or body of troops, or
for any command or other area, garrison or place.
Desertion, absence without leave, etc.
41.-(1) Any person subject to military law who deserts shall, on conviction,
be liable to imprisonment or any less punishment provided by this Act.
(2) For the purposes of this Act, a person deserts who-
(a) leaves or fails to attend at his unit or place of duty with
the intention of remaining permanently absent from duty
without lawful authority, or, having left or failed to attend
at his unit or place of duty, thereafter forms the like
intention; or
Disobedience
to standing
orders.
Desertion.
Disobedience
to lawful orders.
(b) absents himself without leave with intent to avoid serving
at any place overseas, or to avoid service or any
particular service when before the enemy,
and references in this Act to desertion shall be construed accordingly.
42. Any person subject to military law who absents himself without leave
shall, on conviction, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
43. Any person subject to military law who, knowing that any other
person so subject has committed an offence, or is attempting to commit an
offence under section 41 (1) or section 42 of this Act-
(a) fails to report the fact without delay; or
(b) fails to take any steps within his power to cause that
other person to be apprehended,
shall be liable, on conviction, to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
Malingering and drunkenness
44.-(1) Any person subject to military law who-
(a) falsely pretends to be suffering from sickness or
disability; or
(b) injures himself with intent thereby to render himself unfit
for service, or causes himself to be injured by any person
with that intent; or
Malingering.
Absence
without leave.
Failure to
apprehend
or report
deserters or
absentees.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
41
(c) injures another person subject to military law, at the
instance of that person, with intent thereby to render that
person unfit for service; or
(d) with intent to render or keep himself unfit for service,
does or fails to do anything (whether at the time of the
act or omission he is in hospital or not) whereby he
produces, or prolongs or aggravates, any sickness or
disability,
shall be guilty of malingering and shall, on conviction, be liable to
imprisonment for a term not exceeding two years or any less punishment
provided by this Act.
(2) In this section, the expression “unfit” includes temporarily unfit.
45.-(1) Any person subject to military law who is guilty of drunkenness,
whether on duty or not, shall, on conviction, be liable to imprisonment for a
term not exceeding two years or any less punishment provided by this Act.
(2) For the purpose of this section a person is guilty of
drunkenness if owing to the influence of alcohol or any drug, whether alone
or in combination with any other circumstances, he is unfit to be entrusted
with his duty or with any duty which he might reasonably expect to be called
upon to perform, or behaves in a disorderly manner or in any manner likely
to bring discredit on the Force.
Disorderly conduct
46. Any person subject to military law who, without reasonable excuse-
(a) fights with any other person, whether subject to military
law or not; or
Drunkenness.
Fighting,
threatening
words, etc.
(b) uses threatening, abusive, insulting or provocative words
or behaviour likely to cause a disturbance,
shall, on conviction, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
Offences relating to property
47.-(1) Any person subject to military law who-
(a) steals or fraudulently misapplies any public or service
property or any property belonging to another person so
subject; or
(b) receives any such property knowing or having reason to
believe it to have been stolen or to have been
fraudulently misapplied; or
(c) wilfully damages or causes the loss of any such property;
or
(d) by wilful neglect causes or allows damage to, or the loss
of, any such property,
shall, on conviction, be liable to imprisonment or any less punishment
provided by this Act.
(2) Any person subject to military law who-
(a) by any negligent act or omission causes or allows
damage to, or the loss of, any public or service property
or any property belonging to another person so subject;
Offences
relating to
public or service
property, etc.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
43
or
(b) is guilty of any wilful or negligent act or omission which
is likely to cause damage to, or the loss of, any such
property,
shall, on conviction, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
48. Any person subject to military law who misapplies or wastefully
expends any public or service property shall, on conviction, be liable to
imprisonment for a term not exceeding two years or any less punishment
provided by this Act.
49.-(1) Any person subject to military law who makes away with (whether
by pawning, selling, destroying or in any other way), or loses, or by
negligence damages or allows to be damaged-
(a) any clothing, arms, ammunition or other equipment
issued to him for his use for military purposes; or
(b) any decoration granted to him,
shall, on conviction, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
(2) It shall be a defence for a person charged under this section
with losing any property that he took reasonable steps for its care and
preservation.
Offences relating to, and by, persons in custody
50.-(1) Any person subject to military law who wilfully allows to escape any
person who is committed to his charge, or whom it is his duty to guard, shall,
Misapplication
and waste of
public or service
property.
Offences
relating to
issues and
decorations.
Permitting
escape and
unlawful
on conviction, be liable to imprisonment or any less punishment provided by
this Act.
(2) Any person subject to military law who-
(a) without proper authority releases any person who is
committed to his charge; or
(b) without reasonable excuse allows to escape any person
who is committed to his charge, or whom it is his duty to
guard,
shall, on conviction, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
51.-(1) Any person subject to military law, who, being concerned in any
quarrel or disorder, refuses to obey any officer subject to military law who
orders him into arrest, or strikes or otherwise uses violence to, or offers
violence to, any such officer, shall be guilty of an offence against this section
whether or not the officer is his superior officer.
(2) Any person subject to military law who strikes or otherwise
uses violence to, or offers violence to, any person, whether subject to military
law or not, whose duty is to apprehend him or in whose custody he is, shall
be guilty of an offence against this section.
(3) Any person guilty of an offence against this section shall, on
conviction, be liable to imprisonment for a term not exceeding two years or
any less punishment provided by this Act.
release of
prisoners.
Resistance to
arrest.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
45
52. Any person subject to military law who escapes from arrest, prison
or other lawful custody (whether military or not) shall, on conviction, be liable
to imprisonment for a term not exceeding two years or any less punishment
provided by this Act.
Offences in relation to courts martial and civil authorities
53.-(1) Any person subject to military law who-
(a) having been duly summoned or ordered to attend as a
witness before a court martial, fails to comply with the
summons or order; or
(b) refuses to swear an oath when duly required by a court
martial to do so; or
(c) refuses to produce any document in his custody or under
his control which a court martial has lawfully required
him to produce; or
(d) when a witness, refuses to answer any question which a
court martial has lawfully required him to answer; or
(e) wilfully insults any person, being a member of a court
martial or a witness or any other person whose duty it is
to attend on or before the court, while that person is
acting as a member thereof or is so attending, or wilfully
insults any such person as aforesaid while that person is
going to or returning from the proceedings of the court;
or
(f) wilfully interrupts the proceedings of a court martial or
otherwise misbehaves before the court,
Escape from
confinement.
Offences in
relation to courts
martial.
shall, on conviction by a court martial, other than the court in relation to
which the offence was committed, be liable to imprisonment for a term not-
exceeding two years or any less punishment provided by this Act.
(2) Notwithstanding anything in subsection (1), where an offence
against paragraph (e) or paragraph (f) is committed in relation to any court
martial held in pursuance of this Act, that court, if of the opinion that it is
expedient that the offender should be dealt with summarily by the court
instead of being brought to trial before another court martial, may by order
under the hand of the president order the offender to be imprisoned for a
period not exceeding twenty-one days, or in the case of a private soldier,
either to be imprisoned for such a period or to undergo detention for such a
period.
54.-(1) Any person subject to military law who, having been lawfully sworn
as a witness or as an interpreter in proceedings before a court martial or
before any court of inquiry or before any person having power under
military law to administer oaths, makes a statement material in those
proceedings which he knows to be false or does not believe to be true shall,
on conviction, be liable to imprisonment for a term not exceeding two years
or any less punishment provided by this Act.
(2) A person shall not be liable to be convicted of an offence
against this section solely upon the evidence of one witness as to the falsity
of any statement alleged to be false.
55. Any person subject to military law who prevents or obstructs-
(a) the execution by a police officer of a warrant for the
arrest of a person subject to military law who has
committed or is suspected of having committed an
offence punishable on conviction by a civil court; or
False evidence.
Obstruction of
police officer
arresting officer
or soldier.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
47
(b) the arrest of a person subject to military law by a police
officer acting in the exercise of his powers of arrest
without warrant,
shall, on conviction, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
Miscellaneous offences
56.-(1) Any person subject to military law who without lawful authority
discloses or purports to disclose, whether orally, in writing, by signal or by
any other means whatever, information relating to any matter upon which
information would or might be useful to an enemy shall, on conviction, be
liable to imprisonment for a term not exceeding two years or any less
punishment provided by this Act.
(2) It shall be a defence for a person charged with an offence
under this section that he did not know and had no reasonable cause to
believe that the information disclosed related to a matter upon which
information would or might be directly or indirectly useful to an enemy.
57. Any person who, when before a recruiting officer for the purpose of
being attested, has knowingly made a false answer to any question contained
in the attestation paper and put to him by or by direction of the recruiting
officer shall, if he has since become and remains subject to military law, be
liable on conviction to imprisonment for a term not exceeding three months or
to any less punishment provided by this Act.
58. Any person subject to military law who-
(a) makes, signs or makes an entry in any report, return,
pay list or certificate or other official document, being a
document or entry which is to his knowledge false in a
material particular; or
Unauthorised
disclosure of
information.
Making of false
statement on
enlistment.
Making of false
documents.
(b) alters any report, return, pay list or certificate or other
official document, or alters any entry in such a
document, so that the document or entry is to his
knowledge false in a material particular, or suppresses,
defaces or makes away with any such document or
entry which it is his duty to preserve or produce; or
(c) with intent to deceive, fails to make an entry in any such
document,
shall, on conviction, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
59. Any person subject to military law who spreads (whether orally, in
writing, by signal, or otherwise) reports relating to operations of the Force
or any forces co-operating therewith, or of any part of any of those forces,
being reports likely to create despondency or unnecessary alarm, shall, on
conviction, be liable to imprisonment for a term not exceeding two years or
any less punishment provided by this Act.
60. Every officer subject to military law who behaves in a scandalous
manner, unbecoming the character of an officer, shall, on conviction, be
dismissed with disgrace.
61. If-
(a) any officer subject to military law strikes or otherwise
ill-treats any officer so subject of inferior rank or less
seniority or any soldier so subject; or
(b) any warrant officer or non-commissioned officer
subject to military law strikes or otherwise ill-treats any
person so subject, being a warrant officer or non-
Offences against
morale.
Scandalous
conduct of
officers.
Ill-treatment of
officers or soldiers
of inferior rank.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
49
commissioned officer of inferior rank or less seniority or
a private soldier,
he shall, on conviction, be liable to imprisonment for a term not exceeding
two years or any less punishment provided by this Act.
62. Any person subject to military law who is guilty of disgraceful
conduct of a cruel, indecent or unnatural kind shall, on conviction, be liable to
imprisonment for a term not exceeding two years or any less punishment
provided by this Act.
63. Any person subject to military law who-
(a) makes an accusation against any officer or soldier so
subject, which he knows to be false or does not believe
to be true; or
(b) in making a complaint where he thinks himself wronged,
makes a statement affecting the character of an officer
or soldier so subject, which he knows to be false or
does not believe to be true or wilfully suppresses any
material facts,
shall, on conviction, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
64. Any person subject to military law who attempts to commit an
offence against any of the foregoing provisions of this Part shall, on
conviction, be liable to the like punishment as for that offence:
Provided that if the offence is one punishable by death he shall not be
liable to any greater punishment than imprisonment.
Disgraceful
conduct.
False
accusations.
Attempts to
commit military
offences.
65.-(1) Any person subject to military law who aids, abets, counsels or
procures the commission by another person of an offence against any of the
foregoing provisions of this Part, or against section 66, or who incites
another person to commit any such offence, shall himself be guilty of the
offence in question, and shall be liable to be charged, tried and punished
accordingly.
(2) A person may be guilty by virtue of subsection (1) of an
offence against section 58 whether or not he knows the nature of the
document in question.
66. Any person subject to military law who is guilty of any conduct or
neglect to the prejudice of good order and military discipline shall, on
conviction, be liable to imprisonment for a term not exceeding two years or
any less punishment provided by this Act.
Civil offences
67.-(1) Any person subject to military law who commits a civil offence
whether in Belize or elsewhere shall be guilty of an offence under this
section.
(2) In this Act, the expression “civil offence” means any act or
omission punishable by the law of Belize or which, if committed in Belize,
would be punishable by such law and in this Act the expression “the
corresponding civil offence” means the civil offence the commission of which
constitutes the offence against this section.
(3) A person convicted by court martial of an offence against this
section shall-
(a) where the offence is committed outside Belize and
corresponds to the civil offence of treason or murder,
be liable to suffer death; and
Aiding and
abetting, etc., and
inciting.
Conduct to
prejudice of
military discipline.
Civil offences.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
51
(b) in any other case, be liable to suffer any punishment or
punishments which a civil court could award for the
corresponding civil offence, if committed in Belize, being
a punishment or punishments provided by this Act, or
such punishment, not exceeding the maximum
punishment which a civil court could so award as is so
provided:
Provided that where a civil court could not so award imprisonment, a
person so convicted shall be liable to suffer such punishment, less than
dismissal with disgrace, as is so provided.
(4) A person shall not be charged with an offence against this
section committed in Belize if the corresponding civil offence is treason,
murder, manslaughter, treason-felony or rape.
(5) Where the corresponding civil offence is murder or
manslaughter, an offence against this section shall be deemed, for the
purposes of subsection (4), to have been committed at the place of the
commission of the act or occurrence of the neglect which caused the death,
irrespective of the place of the death.
Punishments
68.-(1) The punishments which may be awarded to an officer by sentence of
a court martial under this Act are those set out in the following scale; and in
relation to an officer references in this Act to punishments provided by this
Act are references to those punishments.
(2) The scale is-
(a) death;
Punishment of
officers.
(b) imprisonment;
(c) dismissal with disgrace;
(d) fine of a sum not exceeding the equivalent of ninety
days’ pay;
(e) severe reprimand or reprimand;
(f) where the offence has occasioned any expense, loss or
damage, stoppages.
(3) For the purposes of this Part a punishment specified in any
paragraph of the scale shall be treated as less than the punishments specified
in the preceding paragraphs, and greater than those specified in the
following paragraphs, of the scale.
(4) Save as expressly provided in this Act, not more than one
punishment shall be awarded by a court martial for one offence.
(5) Stoppages may be awarded by a court martial either in addi-
tion to or without any other punishment.
(6) A severe reprimand or reprimand may be awarded by a court
martial in addition to a fine imposed under subsection (2) (d).
(7) Where an officer is sentenced by a court martial to
imprisonment he shall also be sentenced to be dismissed with disgrace:
Provided that if the court fails to sentence him to be dismissed with
disgrace, the sentence of imprisonment shall not be invalid but shall be
deemed to include a sentence of dismissal with disgrace.
69.-(1) The punishments which may be awarded to a soldier by sentence ofPunishment of soldiers.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
53
a court martial under this Act are those set out in the following scale; and in
relation to a soldier references in this Act to punishments provided by this Act
are references to those punishments.
(2) The scale is-
(a) death;
(b) imprisonment;
(c) dismissal with disgrace;
(d) in the case of a warrant officer or non-commissioned
officer, reduction to the ranks or any less reduction in
rank;
(e) fine of a sum not exceeding the equivalent of ninety
days’ pay;
(f) in the case of a warrant officer or non-commissioned
officer, severe reprimand or reprimand;
(g) where the offence has occasioned any expense, loss or
damage, stoppages.
(3) For the purposes of this Part, a punishment specified in any
paragraph of the scale shall be treated as less than the punishments specified
in the preceding paragraphs, and greater than those specified in the following
paragraphs, of the scale.
(4) Save as expressly provided in this Act, not more than one
punishment shall be awarded by a court martial for one offence.
(5) A soldier sentenced by a court martial to imprisonment may in
addition thereto be sentenced to be dismissed with disgrace.
(6) Where a warrant officer or non-commissioned officer is
sentenced by a court martial to imprisonment, he shall also be sentenced to
be reduced to the ranks:
Provided that if the court martial fails to sentence him to be so
reduced, the sentence shall not be invalid but shall be deemed to include a
sentence of reduction to the ranks.
(7) In the case of a warrant officer or non-commissioned officer,
a severe reprimand or reprimand may be awarded by a court martial in
addition to a fine.
(8) Stoppages may be awarded by a court martial either in
addition to or without any other punishment.
70. Where in this Act it is provided that any person subject to military
law is liable on conviction by court martial to imprisonment and no term or
maximum term of imprisonment is specified, then such person shall be liable
to imprisonment for any term.
Arrest
71.-(1) Any person subject to military law found committing an offence
against any provision of this Act, or alleged to have committed or reason-
ably suspected of having committed any such offence, may be arrested in
according with the following provisions of this section.
(2) An officer may be arrested by an officer subject to military
law of superior rank, or, if engaged in a quarrel or disorder, by such an
officer of any rank.
(3) A soldier may be arrested by an officer, warrant officer or
Imprisonment.
Power to arrest
offenders.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
55
non-commissioned officer subject to military law:
Provided that a person shall not be arrested by virtue of this subsection
except by a person of superior rank.
(4) The power of arrest given to any person by this section may be
exercised either personally or by ordering into arrest the person to be
arrested or by giving orders for that person’s arrest.
72. The allegation against any person subject to military law shall be
reported to his commanding officer in the form of a charge, whether that
person is in arrest or not, and the charge shall be duly investigated without
unnecessary delay by his commanding officer in accordance with the
provisions of section 73.
Investigation of and summary disposal of charges
73.-(1) The offences specified in the Fourth Schedule shall be summary
conviction offences and shall be punishable accordingly by the Commandant
without the consent of the offender.
(2) Where a member of the Force is charged with any offence
specified in the Fifth Schedule, the Commandant, if he thinks it expedient to
do so, having regard to any representations made by or on behalf of the
offender, the nature of the offence, the absence of circumstances which
would render the offence one of a grave or serious character and all other
circumstances of the case, and if the offender, when informed by the
Commandant of his right to be tried by a court martial, consents to be dealt
with summarily, may deal with the case accordingly.
(3) The offences specified in the Sixth Schedule shall only be tried
by a court martial.
(4) When the Commandant investigates a charge reported to him
Provisions for
avoiding delay
after arrest.
Powers of
commanding
officer.
30 of 1990.
Fourth Schedule.
Fifth Schedule.
Sixth Schedule.
Powers of the
Commandant.
under section 72, he shall either-
(a) dismiss the charge if he is of the opinion that the charge
should not be proceeded with; or
(b) if he thinks that the charge ought to be proceeded with,
either-
(i) deal with the charge summarily, without the
consent of the offender, if the offence is one
specified in the Fourth Schedule, and with the
consent of the offender if the offence is one
specified in the Fifth Schedule; or
(ii) take steps to bring the offender to trial by a
court martial if the offence is one specified in
the Sixth Schedule, or if the offender charged
with an offence specified in the Fifth Schedule
elects to be tried by a court martial.
(5) In every case, the Commandant shall hear the evidence
against the offender in his presence and shall take the evidence on oath or
solemn affirmation.
(6) The offender shall be given the opportunity of questioning the
witnesses, of giving evidence himself either on oath or unsworn, and of
calling witnesses on oath or solemn affirmation on his behalf.
(7) If the offence is one which is triable by a court martial under
the foregoing provisions of this section, the Commandant shall take
necessary steps to have the evidence recorded in the prescribed manner
and shall forward the record of proceedings to the Solicitor General for
advice on the sufficiency of evidence, and shall remand the offender for trial
by a court martial.
Record of
proceedings.
Fourth Schedule.
Fifth Schedule.
Sixth Schedule.
Fifth Schedule.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
57
(8) Any offence not mentioned in the Fourth, Fifth or Sixth
Schedule, may be tried summarily or by a court martial as the Commandant,
after consultation with the Solicitor General through the Permanent Secretary
to the Ministry responsible for defence, may consider appropriate; and the
foregoing provisions of this section as to the trial of such offences shall apply
accordingly.
(9) If the offence is one which the Commandant is competent to
try summarily under the foregoing subsections, he shall, if satisfied after
hearing the evidence that the charge is proved, announce that fact and may
then award any one or any combination of not more than two of the following
punishments, namely-
(a) caution, reprimand or severe reprimand;
(b) extra duty as Orderly Officer or otherwise;
(c) stoppages, where the offence has occasioned any
expense, loss or damage;
(d) reduction of rank or grade;
(e) confinement to barracks for a period not exceeding
fourteen days;
(f) detention for a period not exceeding twenty-eight days;
(g) a fine not exceeding the equivalent of ninety days’ pay;
or
(h) imprisonment for a period not exceeding one year:
Provided that a fine shall not be awarded for an offence for which im-
Offences not
mentioned in
Fourth, Fifth and
Sixth Schedules.
Punishments.
prisonment or detention has been awarded.
(10) Where the Commandant tries a case summarily, under the
foregoing provisions of this section and convicts the offender of any offence,
then, if in all the circumstances of the case, including the prevalence of the
offence for which the offender has been convicted and the character and
antecedents of the offender, the Commandant is of the opinion that greater
punishment should be inflicted in respect of the offence than that he has
power to inflict, he may, after consultation with the Solicitor General, in lieu
of dealing with the offender, commit him in custody to the court martial for
sentence.
(11) Where any offender has been committed for sentence by the
court martial under the powers conferred by this section, the Commandant
shall, within fourteen days or as soon as is practicable thereafter, transmit
the record of the case to the authority competent to convene a court martial,
together with a copy thereof to the Permanent Secretary to the Ministry
responsible for defence.
(12) The competent authority shall, as soon as may be after
receiving such record, convene a court martial and the court martial so
convened may deal with and punish the offender as if he were convicted for
that offence by the court martial.
(13) The Commandant may delegate to an officer under his
command, not below the rank of Captain who commands a sub-unit, the
power of dealing summarily with a charge against a private soldier, lance
corporal or corporal:
Provided that such officer shall not have power to inflict any
punishment (other than in the case of a private soldier) of a fine not
exceeding fourteen days’ pay or confinement to barracks for a period not
exceeding seven days, and in the case of a lance-corporal or corporal,
reprimand, and in either case where the offence occasioned any loss,
Commital for
sentence to court
martial.
Transmission of
record of
proceedings.
Convening of
court martial and
powers of court
martial.
Delegation of
powers.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
59
expense or damage, stoppages not exceeding fourteen days’ pay.
Courts martial: general provisions
74. Subject to the provisions of this Act, a court martial shall have power
to try any person subject to military law for any offence which under this Act
is triable by court martial and to award for any such offence any punishment
authorised by this Act for that offence.
75.-(1) A court martial shall be convened by the Governor-General in
accordance with the advice of the Public Services Commission.
(2) A court martial shall consist of the president and not less than
two other officers:
Provided that a court martial shall consist of not less than five members
if-
(a) an officer is to be tried; or
(b) the only punishment or the maximum punishment which
can be awarded in respect of a charge before the court
is death.
(3) Save as hereinafter provided, an officer shall not be appointed
a member of a court martial unless he belongs to, is attached to or is
seconded to serve with the Force and has held a commission for a period of
not less than two years or for periods amounting in the aggregate to not less
than two years.
(4) Not less than two of the members of a court martial shall be of
a rank not below that of captain.
(5) The president of a court martial shall be appointed by order of
Trial by, and
powers of, court
martial.
Convening and
composition of
court martial.
2 of 1981.
the convening officer and shall not be under the rank of field officer unless in
the opinion of the convening officer a field officer having suitable qualifica-
tions is not, with due regard to the public service, available; and in any event
the president of a court martial shall not be below the rank of captain.
(6) The members of a court martial, other than the president,
shall be appointed by order of the convening officer or in such other manner
as may be prescribed.
(7) An officer under the rank of captain shall not be a member of
a court martial for the trial of an officer above that rank.
76.-(1) An officer who, at any time between the date on which the accused
was charged with the offence and the date of the trial, has been command-
ing officer of the accused, and any other officer who has investigated the
charge against the accused or who under military law has held, or has acted
as one of the persons holding, an inquiry into matters relating to the subject
matter of the charge against the accused, shall not sit as a member of a court
martial or act as judge advocate at such a court martial.
(2) Where the officer convening a court martial appoints a
captain to be president, being of the opinion that a field officer having
suitable qualifications is not with due regard to the public service available,
the order convening the court martial shall contain a statement of such
opinion, and that statement shall be conclusive.
77.-(1) Subject to the provisions of this section, a court martial shall sit at
such place (whether within or without Belize) as may be specified in the
order convening the court.
(2) A court martial sitting at any place shall, if the convening
officer directs it, sit at some other place, and may without any such
direction, if it appears to the court requisite in the interests of justice to sit at
some other place, adjourn for the purpose of sitting at that other place.
Supplementary
provisions as to
constitution of
courts martial.
Place for sitting
of courts martial
and adjournment
to other places.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
61
Courts martial: provisions relating to trial
78.-(1) An accused about to be tried by any court martial shall be entitled to
object, on any reasonable grounds, to any member of the court, whether
appointed originally or in lieu of another officer.
(2) For the purpose of enabling the accused to avail himself of the
right conferred by subsection (1), the names of the members of the court
shall be read over in the presence of the accused before they are sworn, and
he shall be asked whether he objects to any of those officers.
(3) Every objection made by an accused to any officer shall be
considered by the other officers appointed members of the court.
(4) If objection is made to the president and not less than one-
third of the other members of the court allow it, the court shall adjourn and
the convening officer shall appoint another president.
(5) If objection is made to a member of the court other than the
president and not less than one-half of the members entitled to vote allow it,
the member objected to shall retire and the vacancy may, and if otherwise the
number of members would be reduced below the legal minimum shall, be
filled in the prescribed manner by another officer.
79.-(1) An oath shall be administered to every member of a court martial and
to any person in attendance on a court martial as judge advocate, officer
under instruction, shorthand writer or interpreter.
(2) Every witness before a court martial shall be examined on
oath:
Provided that where any child of tender years called as a witness does
not in the opinion of the court understand the nature of an oath, his evidence
Challenges by
accused.
Administration
of oaths.
may be received, though not given upon oath, if in the opinion of the court
he is possessed of sufficient intelligence to justify the reception of the
evidence and understands the duty of speaking the truth, so however that,
where the evidence is given on behalf of the prosecution, the accused shall
not be liable to be convicted upon such evidence alone unless it is
corroborated by some other material evidence in support thereof implicating
the accused.
(3) An oath required to be administered under this section shall
be in the prescribed form and shall be administered at the prescribed time
by the prescribed person and in the prescribed manner.
80.-(1) Subject to the provisions of this section, a court martial shall sit in
open court and in the presence of the accused.
(2) Nothing in subsection (1) shall affect the power of a court
martial to sit in camera on the ground that it is necessary or expedient in the
interests of the administration of justice to do so; and without prejudice to
that power a court martial may order that, subject to any exceptions the
court may specify, the public shall be excluded from all or any part of the
proceedings of the court if it appears to the court that any evidence to be
given or statement to be made in the course of the proceedings or that part,
as the case may be, might otherwise lead to the disclosure of any
information which might in the opinion of the court martial be prejudicial to
the security of Belize or might be directly or indirectly useful to the enemy.
(3) A court martial shall sit in closed court while deliberating on
their finding or sentence on any charge.
(4) A court martial may sit in closed court on any other deliber-
ation amongst the members.
(5) Where a court martial sits in closed court no person shall be
present except the members of the court and such other persons as may be
Courts martial to
sit in open court.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
63
prescribed.
81.-(1) Where, whether before or after the commencement of the trial, it ap-
pears to the convening officer necessary or expedient in the interests of the
administration of justice that a court martial should be dissolved, the conven-
ing officer may by order dissolve the court martial.
(2) Without prejudice to the generality of subsection (1), if after
the commencement of the trial a court martial is, by reason of the death of
one of the members or for any other reason, reduced below the legal
minimum, it shall be dissolved.
(3) If after the commencement of the trial, the president dies or is
otherwise unable to attend and the court is not reduced below the legal
minimum, then-
(a) if the senior member of the court is of the rank of
captain or is of higher rank, the convening officer may
appoint him president and the trial shall proceed
accordingly; but
(b) if he is not, the court shall be dissolved.
(4) Without prejudice to the generality of subsection (1), if after
the commencement of the trial it is represented to the convening officer that
owing to the sickness or other incapacity of the accused, it is impracticable
having regard to all the circumstances to continue the trial within a reasonable
time, the convening officer may dissolve the court.
(5) Where a court martial is dissolved under the foregoing
provisions of this section, the accused may be tried by another court martial.
82.-(1) Subject to the provisions of this section, every question to be
determined on a trial by court martial shall be determined by a majority of the
Dissolution of
courts martial.
Decisions of
courts martial.
votes of the members of the court.
(2) In the case of an equality of votes on the finding, the court
shall acquit the accused.
(3) A finding of guilty where the only punishment which the court
can award is death shall not have effect unless it is reached with the
concurrence of all members of the court; and where on such a finding being
come to by a majority of the members there is no such concurrence, the
court shall be dissolved and the accused may be tried by another court.
(4) Where the accused is found guilty and the court has power to
sentence him either to death or to some less punishment, sentence of death
shall not be passed without the concurrence of all members of the court.
(5) In the case of an equality of votes on the sentence, or on any
question arising after the commencement of a trial, except the finding, the
president shall have a second or casting vote.
83.-(1) Without prejudice to the provisions of section 80, the finding of a
court martial on each charge shall be announced in open court.
(2) Any finding of guilty shall be, and be announced as being,
subject to confirmation.
(3) Any sentence of a court martial, together with any
recommendation to mercy, shall be announced in open court, and a
sentence of a court martial shall be, and be announced as being, subject to
confirmation.
84.-(1) An accused charged before a court martial with an offence under
this Act may, on failure of proof of the offence having been committed under
circumstances involving a higher degree of punishment, be found guilty of the
offence as having been committed under circumstances involving a less
Finding and
sentence.
Power to convict
of offence orther
than that charged.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
65
degree of punishment.
(2) An accused charged before a court martial with any offence
may be found guilty of attempting to commit that offence.
(3) An accused charged before a court martial with attempting to
commit an offence may be convicted on that charge notwithstanding that it is
proved that he actually committed the offence.
(4) Where an accused is charged before a court martial under
section 67 in respect of attempting to commit a civil offence, he may be
convicted on that charge notwithstanding that it is proved that he actually
committed the civil offence.
(5) Where an accused is charged before a court martial with an
offence against section 67, and the corresponding civil offence is one in
proceedings for which, if he had been tried by a civil court for committing the
offence in Belize, he might have been found guilty of another civil offence,
then if the court finds that he has committed that other civil offence he may be
convicted of an offence against section 67 in respect of the commission of
that other civil offence.
(6) An accused charged before a court martial with an offence
specified in the first column of the Third Schedule may be found guilty of an
offence specified in relation thereto in the second column of that Schedule.
85.-(1) Subject to the provisions of this Act, the rules of evidence to be
observed in proceedings before courts martial shall be the same as those
observed in civil courts in Belize, and no person shall be required in proceed-
ings before a court martial to answer any question or to produce any docu-
ment which he could not be required to answer or produce in similar pro-
ceedings before a civil court in Belize.
(2) A court martial shall take judicial notice of all matters of
Third Schedule.
Rules of
evidence.
notoriety, including all matters within the general service knowledge of the
court, and of all other matters of which judicial notice would be taken in a
civil court in Belize.
86. A witness before a court martial or any other person whose duty it
is to attend on or before the court shall be entitled to the same immunities
and privileges as a witness before the Supreme Court of Belize.
87. Where in Belize any person other than a person subject to military
law-
(a) having been duly summoned to attend as a witness
before a court martial, fails to comply with the
summons; or
(b) refuses to swear an oath when duly required by a court
martial to do so; or
(c) refuses to produce any document in his custody or
under his control which a court martial has lawfully
required him to produce; or
(d) when a witness refuses to answer any question which a
court martial has lawfully required him to answer; or
(e) wilfully insults any person, being a member of a court
martial or a witness or any other person whose duty it
is to attend on or before the court, while that person is
acting as a member thereof or is so attending, or
wilfully insults any such person while that person is
going to or returning from the proceedings of the court;
or
(f) wilfully interrupts the proceedings of a court martial or
Privilege of
witnesses and
others at courts
martial.
Offences by
civilians in
relation to courts
martial.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
67
otherwise misbehaves before the court; or
(g) does any other thing which would, if the court martial
had been a court of law having power to commit for
contempt, have been contempt of that court,
the president of the court martial may certify the offence of that person under
his hand to any court of law having power to commit for contempt, and that
court of law shall thereupon inquire into the alleged offence and after hearing
any witnesses who may be produced against or on behalf of the person
charged with the offence and after hearing any statement that may be offered
in defence may punish or take steps for the punishment of that person in like
manner as if he had been guilty of contempt of the court to which the offence
is certified.
88. If-
(a) a person required by virtue of this Act to take an oath
for the purposes of proceedings before a court martial
objects to being sworn, and states as the ground of his
objection either that he has no religious belief or that the
taking of an oath is contrary to his religious belief; or
(b) it is not reasonably practicable to administer an oath to
such a person as aforesaid in the manner appropriate to
his religious belief,
he shall be required to make a solemn affirmation in the prescribed form
instead of taking an oath.
Confirmation and revision of proceedings of courts martial
89.-(1) Where a court martial finds the accused guilty on any charge, the
record of the proceedings of the court martial shall be transmitted to the
Affirmations.
Confirmation of
proceedings of
courts martial.
confirming authority for confirmation of the finding and sentence of the court
on that charge.
(2) A finding of guilty or sentence of a court martial shall not be
treated as a finding or sentence of the court until confirmed:
Provided that this subsection shall not affect the keeping of the
accused in custody pending confirmation, or the operation of sections 90
and 91 or the provisions of this Act as to confirmation or approval.
90. At any time after a court martial has sentenced the accused, but not
later than the prescribed time after confirmation is completed, the accused
may in the prescribed manner present a petition against finding or sentence
or both.
91.-(1) The confirming authority may direct that a court martial shall revise
any finding of guilty come to by the court in any case where it appears to
him-
(a) that the finding was against the weight of evidence; or
(b) that some question of law determined at the trial and
relevant to the finding was wrongly determined.
(2) Any such direction shall be accompanied by the necessary
directions for the reassembly of the court, and shall contain a statement of
the reasons for the direction.
(3) On any revision of a finding the court shall reconsider the
finding, and (unless the court adheres thereto) may substitute therefor either
a finding of not guilty or any other finding to which the court could originally
have come at the trial in lieu of the finding under revision.
(4) On any such revision the court shall not have power to
Petitions against
findings or
sentence.
Revision of
findings of court
martial.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
69
receive further evidence.
(5) Where on any such revision the court either adheres to the
original finding or substitutes therefore a finding of guilty of another offence,
or of the same offence in different circumstances, the court may substitute a
different sentence for the original sentence:
Provided that the court shall not have power to substitute a sentence
of punishment greater than the punishment or the greatest of punishments
awarded by the original sentence, or to substitute a sentence which in the
opinion of the court is more severe than the original sentence.
(6) The confirming authority shall not have power to direct the re-
vision of any substituted finding come to by the court on previous direction of
the confirming authority, or the revision of the original finding if adhered to by
the court on such a previous direction; but save as aforesaid this Act shall
apply to the proceedings of the court on any such revision as it applies to
their deliberations on the original finding or sentence and any substituted
finding or sentence shall be treated for all purposes as an original finding or
sentence of the court:
Provided that the decision of the court on the revision shall not be
required to be announced in open court.
92.-(1) Subject to the provisions of section 91 and to the following
provisions of this section, the confimiing authority shall deal with the finding or
sentence of a court either by confirming the finding or sentence or by
withholding confirmation, if of the opinion that the finding of the court is
unreasonable or cannot be supported having regard to the evidence or
involves a wrong decision on a question of law or that, on any ground, there
was a miscarriage of justice.
(2) In lieu of withholding confirmation of the finding of a court
martial, a confirming authority may, if-
Powers of
confirming
authority.
(a) some other finding of guilty could have been validly
made by the court on the charge before it; and
(b) he is of the opinion that the court must have been
satisfied of the facts necessary to justify that other
finding,
substitute that other finding, and, if he does so, he shall consider in what
manner, if at all, the powers conferred by subsection (4) shall be exercised.
(3) Where is appears to a confirming authority that a sentence of
a court martial is invalid, he may, in lieu of withholding confirmation of the
sentence, substitute therefor a sentence of any punishment or punishments
which could have been awarded by the court, not being greater than the
punishment or the greatest of the punishments awarded by the court, and
not in his opinion more severe than that punishment or those punishments.
(4) In confirming the sentence of a court martial, the confirming
authority, may-
(a) remit in whole or in part any punishment awarded by
the court; or
(b) commute any such punishment for one or more
punishment or punishments provided by this Act, being
less than the punishment commuted.
(5) A finding or sentence substituted by the confirming authority,
or any sentence having effect after the confirming authority has remitted or
commuted punishment, shall be treated for all purposes as a finding or
sentence of the court duly confirmed.
(6) The confirmation of a finding or sentence shall not be deemed
to be completed until the finding has been promulgated; and in the event of
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
71
any such substitution, remission or commutation as aforesaid the finding or
sentence shall be promulgated as it has effect after the substitution, remission
or commutation.
(7) Where the confirming authority determines to withhold
confirmation, the determination shall be promulgated and shall have effect as
from the promulgation thereof.
93. The confirming authority for the purpose of this Act shall be the
Governor-General in accordance with the advice of the Public Services
Conission.
Review of summary findings and awards
94.-(1) Where a charge has been dealt with summarily, the authority
mentioned in subsection (2) may at any time review the finding or award:
Provided that any sentence of imprisonment, dismissal with disgrace,
detention or reduction in rank shall be reviewed in accordance with
subsection (2) (a).
(2) The said authority is-
(a) the Public Services Commission, or
(b) the Commandant, Belize Defence Force.
(3) Where on a review under this section it appears to the
authority expedient to do so by reason of any mistake of law in the
proceedings on the summary dealing with the charge or of anything occurring
in those proceedings which in the opinion of the authority involved substantial
injustice to the accused, the authority may quash the finding.
(4) If a finding in any proceedings is quashed under subsection (3)
Confirming
authority.
2 of 1981.
Review of
summary
findings and
awards.
and the award made in those proceedings relates only to the finding
quashed, the authority shall also quash the award; and if the award relates
also to any other finding and it appears to the authority that the award was
not warranted by this Act in respect of that other finding, the authority may
vary the award by substituting such punishment or punishments as the
authority may think proper, being a punishment or punishments which could
have been included in the original award in relation to that other finding, and
not being in the opinion of the authority more severe than the punishment or
the punishments included in the original award.
(5) Where on a review under this section it appears to the
authority that a punishment awarded was invalid, or too severe, or (where
the award included two or more punishments) that those punishments or
some of them could not validly have been awarded in combination or are,
taken together, too severe, the authority may vary the award by substituting
such punishment or punishments as the authority may think proper, being a
punishment or punishments which could have been included in the original
award and not being in the opinion of the authority more severe than the
punishment or punishments included in the original award.
Findings of insanity, etc.
95.-(1) Where, on the trial of a person by court martial, it appears to the court
that the accused is by reason of insanity unfit to stand his trial, the court shall so
find; and if the finding is confirmed in accordance with the following provisions
of this section the accused shall be kept in custodv in such manner as may be
provided by or under regulations under this Part until the directions of the
Governor-General, given in accordance with the advice of the Public Services
Commission, are known or until any earlier time at which the accused is fit to
stand his trial.
(2) Where, on the trial of a person by court martial, it appears to
the court that the evidence is such as, apart from any question of insanity, to
support a finding that the accused was guilty of any offence, but that at the
Provisions where
accused found
insane.
2 of 1981.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
73
time of the acts constituting that offence the accused was insane, the court
shall find that the accused was guilty of that offence but was insane at the said
time, and thereupon the accused shall be kept in custody in such manner as
may be provided by or under regulations under this Part until the directions of
the Governor-General, given in accordance with the advice of the Public
Services Commission, are known.
(3) In the case of any such finding, the Governor-General may
give orders for the safe custody of the accused during his pleasure in such
place and in such manner as the Governor-General in accordance with the
advice of the Public Services Commission thinks fit.
(4) A finding under subsection (1) shall not have effect unless and
until the finding has been confirmed by the confimiing authority and has been
promulgated.
(5) Where the court of the confirming authority comes to or
substitutes a finding of guilty but insane, the confirming authority shall not
have power to substitute for that finding a finding of guilty; but save as
aforesaid the provisions of this Act as to revision and confirmation (and in
particular the provisions of this Act which confer power to substitute for any
finding any other finding which could have been come to by the court martial
in question) apply in relation to such findings as are provided for by
subsection (2) as those provisions apply in relation to other findings of guilty.
Commencement and duration of sentences
96. A sentence of imprisonment or detention shall begin to run from the
beginning of the day on which sentence was originally pronounced by the
court martial trying the offender or, as the case may be, was originally
awarded by his commanding officer.
Commencement
of sentences.
97. Where any person serving a sentence of imprisonment or detention
becomes unlawfully at large during the currency of the sentence, then, in
calculating the period for which he is liable to be imprisoned in pursuance of
the sentence, no account shall be taken of any time he is at large.
98. A person shall not be required to serve any part of a sentence of
detention in a civil prison.
99. A person sentenced to death or imprisonment shall be committed or
transferred to a civil prison of Belize and shall, while in that prison, be
confined and otherwise dealt with in the same manner as a person confined
therein under a like sentence of a civil court.
Trial of persons ceasing to be subject to military law and
time limited for trials
100.-(1) Subject to the provisions of section 101, where an offence under
this Act triable by court martial has been committed, or is reasonably
suspected of having been committed, by a person while subject to military
law, then in relation to that offence he shall be treated, for the purposes of
the provisions of this Act relating to arrest, keeping in custody, investigation
of charges, trial and punishment by court martial (including confirmation and
revision) and execution of sentences, as continuing subject to military law
notwithstanding his ceasing at any time to be subject thereto.
(2) Where, while a person is in military custody by virtue of this
section (whether before, during or after trial), he commits, or is reasonably
suspected of having committed, an offence which if he were subject to
military law would be an offence under this Act triable by court martial, then
in relation to that offence or suspected offence he shall be treated, for the
purposes of the provisions of the Act mentioned in subsection (1) and the
provisions thereof as to the summary dealing with charges, as having been
Duration of
sentences of
imprisonment
and detention.
Restrictions on
serving of
sentences of
detention.
Special provisions
as to civil prisons
in Belize.
Trial and
punishment of
offences under
this Act
notwithstanding
offender ceasing
to be subject
thereto.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
75
subject to military law when the offence was committed or is suspected of
having been committed and as continuing subject to military law thereafter.
(3) Where by virtue of subsection (1) or (2) a person is treated as
being at any time subject to military law for the purpose of any provision of
this Act, that provision shall apply to him-
(a) if he holds any military rank, as to a person having that
rank;
(b) otherwise, as to a person having the rank which he had
when last actually subject to military law:
Provided that as respects any time after he has been sentenced for
the offence in question and the sentence has been confirmed, the said
provision shall apply to him (in any case), as to a private soldier.
(4) Where apart from this subsection any provision of this Act
would under subsection (3) apply to a person, in relation to different
offences, as to a person having different ranks, it shall apply to him as to a
person having the lower or lowest of those ranks.
101.-(1) No person shall be tried by court martial for any offence, other than
one against section 36 or 37 or desertion, unless the trial is begun within
three years after the commission of the offence, there being disregarded any
time during which he was a prisoner of war and any time during which he
was illegally absent:
Provided-
(a) in the case of an offence against section 67 where
proceedings for the corresponding civil offence must, by
virtue of any enactment, be brought within a limited time,
that limit of time shall apply to the trial of the offence
Limitation of time
for trial of
offences under
this Act.
under section 67 in substitution for the foregoing
provisions of this subsection;
(b) subject to any such limit of time as is mentioned in
paragraph (a), a person may be tried by court martial
for a civil offence committed outside Belize
notwithstanding that it was committed more than three
years before the beginning of the trial, if the Director of
Public Prosecutions consents to the trial.
(2) Where a person who has committed an offence of desertion,
other than desertion on active service, has since the offence served as a
member of the regular force continuously in an exemplary manner for not
less than three years, he shall not be tried for the offence.
(3) A person shall not be triable by virtue of section 100 (1)
unless his trial is begun within three months after he ceases to be subject to
military law or the trial is for a civil offence committed outside Belize and the
Director of Public Prosecutions consents to the trial.
(4) A person shall not be arrested or kept in custody by virtue of
section 100 (1) for an offence at any time after he has ceased to be triable
for the offence:
Provided that this subsection shall not apply to an offence against
section 36 or 37 or to desertion.
Relations between military law and civil courts and
finality of trials
102.-(1) Where a person subject to military law-
(a) has been tried for an offence by court martial; or
Jurisdiction of
civil courts.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
77
(b) has been charged with an offence under this Act and has
had the charge dealt with summarily by his commanding
officer,
a civil court shall be debarred from trying him subsequently for an offence
substantially the same as that offence; but except as aforesaid nothing in this
Act shall be construed as restricting the jurisdiction of any civil court to try a
person subject to this Act for an offence.
(2) For the purposes of this section-
(a) a person shall not be deemed to have been tried by a
court martial if confirmation is withheld of a finding by
the court martial that he is guilty of the offence;
(b) a case shall be deemed to have been dealt with
summarily by the commanding officer notwithstanding
that the finding of that officer has been quashed, or the
award of that officer quashed or varied, on the review
thereof.
103.-(1) Where a person subject to military law under this Act-
(a) has been tried for an offence by a civil court or court
martial; or
(b) has been charged with an offence under military law, and
has had the charge dismissed, or has been found guilty
on the charge by his commanding officer; or
(c) has had an offence condoned by his commanding officer,
he shall not be liable in respect of that offence to be tried by court martial or
to have the case dealt with summarily by his commanding officer.
Persons not to
be tried under
this Act for
offences already
disposed of.
(2) For the purposes of this section-
(a) a person shall not be deemed to have been tried by a
court martial if confirmation is withheld of a finding by
the court martial that he is guilty of the offence;
(b) a case shall be deemed to have been dealt with
summarily by the commanding officer notwithstanding
that the finding of that officer has been quashed, or the
award of that officer quashed or varied, on the review
thereof;
(c) an offence shall be deemed to have been condoned by
the commanding officer of a person alleged to have
committed the offence if, and only if, that officer or any
officer authorised by him to act in relation to the alleged
offence has with knowledge of all relevant
circumstances informed him that he will not be charged
therewith;
(d) a person ordered under section 53 (2) to be
imprisoned or to undergo detention for an offence
against that section shall be deemed to have been tried
by court martial for that offence.
(3) Where confirmation of a finding of guilty of an offence is with-
held, the accused shall not be tried again by court martial for that offence
unless the convening order for the later trial is issued not later than twenty-
eight days after the promulgation of the decision to withhold confirmation.
(4) Save as provided in the foregoing provisions of this section,
proceedings for an offence against this Act (whether before a commanding
officer or before a court martial) shall not be barred on the ground of
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
79
condonation.
Miscellaneous provisions
104. The appointment of a judge advocate to act at any court martial may
be made by the Governor-General, in accordance with the advice of the
Public Services Commission.
105. Any finding, sentence, determination or other thing required by this
Act to be promulgated shall be promulgated either by being communicated to
the accused or in such other manner as may be prescribed or as the
confirming authority may direct.
106.-(1) The record of the proceedings of a court martial shall be kept in the
custody of the Public Services Conunission for not less than the prescribed
period, being a period sufficient to ensure that the rights conferred by
subsections (2) and (3) shall be capable of being exercised.
(2) Subject to the provisions of this section, any person tried by a
court martial shall be entitled to obtain from the Public Services Commission
on demand at any time within the relevant period and on payment therefor at
such rate (if any) as may be prescribed a copy of the record of the
proceedings of the court.
(3) Where a person tried by court martial dies within the relevant
period, his personal representatives or any person who in the opinion of the
Public Services Commission ought to be treated for the purposes of this
subsection as his personal representative shall, subject to the provisions of
this section, be entitled to obtain from the Public Services Commission on
demand at any time within the period of twelve months from the death and on
payment therefor at the prescribed rate a copy of the record of the
proceedings of the court.
(4) If, on an application in pursuance of either subsection (2) or
Appointment of
judge advocate.
2 of 1981.
Promulgation.
Custody of
proceedings of
court martial and
right of accused
to a copy
thereof.
(3) for a copy of the record of any proceedings, the Public Services
Commission certifies that it is requisite for reasons of security that the
proceedings or any part thereof should not be disclosed, the applicant shall
not be entitled to a copy of the proceedings or any part thereof to which the
certificate relates.
(5) In this section, the expression “the relevant period” in relation
to any person tried by court martial, means the period of five years
beginning with the date of his acquittal or, where he was convicted, of the
promulgation of the findings and sentence or, where a finding of guilty was
not confirmed, of the promulgation of the withholding of confirmation:
Provided that where the proceedings relate to two or more charges
and the person tried was acquitted on one or more of the charges and
convicted on another or others, the relevant period shall be the period of
five years beginning with the date of the promulgation of the finding or
findings of guilty and the sentence thereon or of the withholding of
confirmation of that finding or those findings.
(6) Any reference in this section to the record of the proceedings
of a court martial includes a reference to the record of the proceedings with
respect to the confirmation and revision of the findings and sentence of the
court martial.
Rules of procedure
107.-(1) The Governor-General in accordance with the advice of the Public
Services Commission may make rules (in this Act referred to as Rules of
Procedure) with respect to the investigation and trial of, and awards of
punishment for, offences cognizable by courts martial, and with respect to
the confirmation and revision of findings and sentences of courts martial.
(2) Without prejudice to the generality of subsection (1), Rules of
Procedure may make provision with respect to all or any of the following
Rules of
procedure.
2 of 1981.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
81
matters-
(i) the taking of evidence (whether orally or in writing,
whether or not on oath and whether in full or in summary
or abstract form) for the purpose of investigating such
charges as a preliminary to the trial thereof by court
martial, so however that the rules shall make provision
for the application of section 79 in any case where the
accused requires that evidence shall be taken on oath;
(ii) the addition to, or substitution for, a charge which has
been investigated of a new charge for an offence
disclosed by evidence taken on the investigation as the
investigation of the new charge;
(iii) the convening and constitution of courts martial;
(vi) the sittings, adjournment and dissolution of courts
martial;
(v) the procedure to be observed in trials by courts martial;
(vi) the representation of the accused at such trials;
(vii) procuring the attendance of witnesses before courts
martial and at the taking of evidence in pursuance of
rules made under paragraph (i);
(viii) empowering a court martial or the convening officer, in
such cases and to such extent as may be prescribed, to
amend a charge which is being tried by the court;
(ix) empowering a court martial, where the particulars
proved or admitted at the trial differ from those alleged
in the charge, but are sufficient to support a finding of
guilty of the like offence as that charged, to make a
finding of guilty subject to exceptions or variations
specified in the finding, if it appears to the court that the
difference is not so material as to have prejudiced the
accused in his defence;
(x) the forms of orders and other documents to be made
for the purposes of any provision of this Part or the
rules relating to the investigation or trial of, or award of
punishment for, offences cognizable by courts martial,
or the confirmation and revision of the findings and
sentences of courts martial.
(3) Rules made by virtue of paragraph (viii) of subsection (2)
shall secure that the power to amend charges shall not be exercisable in
circumstances substantially different from those in which indictments are
amendable by the Supreme Court of Belize, or otherwise than subject to the
like conditions, as nearly as circumstances admit, as those subject to which
indictments are so amendable, and shall not be exercisable by a court
martial (otherwise than for the purpose only of correcting a mistake in the
name or description of the accused or a clerical error or omission) unless
there is a judge advocate present at the trial.
(4) Rules of Procedure may make provision as to the exercise by
a judge advocate of his functions at a trial by court martial, and without
prejudice to the generality of the foregoing provision, may make provision-
(i) as to the effect of advice or rulings given to the court
by a judge advocate on questions of law;
(ii) for requiring or authorising the president of a court
martial, in such cases as may be specified in the Rules,
to direct that questions of law shall be determined by a
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
83
judge advocate in the absence of the president and other
members of the court and any officers under instruction,
and for applying to the judge advocate and his
proceedings on any such determination such of the
provisions of this Act relating to the court or its
members and the proceedings thereof as may be
specified in the Rules.
(5) In subsection (4), references to questions of law include refer-
ences to questions of joinder of charges and as to the trial of persons jointly
or separately.
Inquiries
108.-(1) The Public Services Commission, the Commandant or a
commanding officer may convene a court of inquiry to investigate and report
on the facts relating to-
(a) the absence of any person subject to military law;
(b) the capture of any such person by the enemy;
(c) the death of any person where an inquiry into the death
is not required to be held by the civil authorities;
(d) any other matter which may be referred to the court by
the said Public Services Commission or any such officer
as aforesaid,
and a court of inquiry shall, if directed so to do, express an opinion on any
question arising out of any matter referred to it.
(2) A court of inquiry shall consist of two or more persons subject
to military law and the president shall be an officer not below the rank of
Courts of
inquiry.
2 of 1981.
lieutenant.
(3) A court of inquiry shall, if so directed by the authority
convening it, take evidence on oath or solemn affirmation (which the court is
hereby authorised to administer).
(4) Evidence given before a court of inquiry shall not be
admissible against any person in proceedings before a court martial or
commanding officer other than proceedings for an offence against section 54
or for an offence against section 67 when the corresponding civil offence is
perjury.
109.-(1) Where a court of inquiry inquiring into the absence of a member of
the Force reports that he has been absent without leave or other sufficient
cause for a period specified in the report, not being less than twenty-one
days, a record of the report shall be entered in the service books.
(2) A record entered in pursuance of subsection (1) shall, unless
the absentee subsequently surrenders or is arrested, or the report of the
court of inquiry is annulled by the Governor-General in accordance with the
advice of the Public Services Commission, or by a subsequent court of
inquiry, have the like effect as a conviction by court martial for desertion.
PART VI
Forfeitures and deductions
110.-(1) No forfeiture of the pay of a member of the Force shall be im-
posed unless authorised by this Act or some other enactment and no de-
duction from such pay shall be made unless so authorised or authorised by
regulations.
(2) Regulations shall not authorise the making of any penal de-
duction, that is to say, a deduction to be made by reason of the commission
Inquiries into
absence.
2 of 1981.
Forfeitures and
deductions:
general
provisions.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
85
of any offence or other wrongful act or in consequence of any negligence.
(3) Subject to the provisions of sections 111 and 112, a member
of the Force shall, after deductions, remain in receipt of pay at not less than
fifty per centum of his pay.
(4) Any amount authorised to be deducted from the pay of a
member of the Force may be deducted from any balance (whether or not
representing pay) which may be due to him as a member and references in
this Act to the making of deductions from pay shall be construed accordingly.
111.-(1) The pay of a member of the Force shall be forfeited everyday-
(a) of absence in such circumstances as to constitute an
offence under section 41 or section 42;
(b) for imprisonment or detention awarded under military
law by a court martial or Commandant, or of
imprisonment or detention of any description (including
remand) to which he is or becomes liable in
consequence of an order or sentence of a civil court;
(c) on which he is in hospital on account of sickness or
injury certified by a registered medical practitioner to
have been occasioned by an offence under this Act of
which he has been or is subsequently found guilty.
(2) The pay of a member of the Force may be forfeited for any
day of his absence by reason of his having been made a prisoner of war if a
court of inquiry is satisfied that-
(a) he was made a prisoner of war through disobedience of
orders or wilful neglect of duty;
30 of 1990.
Forfeiture of pay
for absence from
duty.
30 of 1990.
(b) having been made a prisoner of war he failed to take
any reasonable steps available to him to rejoin the
Force;
(c) having been made a prisoner of war he served with or
aided the enemy in the prosecution of hostilities or
measures calculated to influence morale or in any other
manner whatever not authorised by international usage,
but, save as aforesaid, nothing in subsection (1) (a) shall apply to absence
by reason of having been made a prisoner of war.
(3) For the purposes of this section any part of a day in hospital
or when a prisoner of war shall count as a day.
112.-(1) In every case where criminal proceedings have been or are being
instituted against a member of the Force and the competent authority
considers that the public interest requires that such member should cease to
exercise the functions of his office, the competent authority may suspend
such member from his office.
(2) During the period of suspension, the member of the Force so
suspended shall remain in receipt of pay at not more than fifty per centum
of his basic pay.
(3) The pay withheld during the period of suspension shall be
refunded to such member of the Force if the criminal proceedings do not
result in punishment of any kind.
(4) For the purposes of this section, “competent authority” means
the authority competent to appoint, and exercise disciplinary control over,
such member of the Force.
Suspension.
30 of 1990.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
87
113. Where a person sentenced or ordered by a civil court (whether
within or without Belize) to pay by way of fine, penalty, damages,
compensation or costs in consequence of being charged before the court with
an offence is at the time of the sentence or order, or subsequently becomes, a
member of the Force, then if the whole or any part of that sum is met by a
payment made by or on behalf of any military authority, the amount of the
payment may be deducted from his pay.
114.-(1) Without prejudice to the provisions of this Act as to the imposition
of stoppages as a punishment, the following provisions shall have effect
where, after investigation by a court of inquiry, it appears to the Commandant
that any loss of, or damage to, public or service property has been
occasioned by any wrongful act or negligence of a member of the Force
(hereinafter referred to as “the person responsible”).
(2) The Commandant may order the person responsible to pay as
or towards compensation for the loss or damage such sum as may be
specified in the order, and any such sum, in so far as not otherwise paid by
the person responsible, may be deducted from his pay.
(3) No order shall be made under the provisions of subsection (2)
if in proceedings before a court martial or a commanding officer, the person
responsible-
(a) has been acquitted in circumstances involving a finding
that he was not guilty of the wrongful act or negligence in
question; or
(b) has been awarded stoppages in respect of the same loss
or damage,
but save as aforesaid, the fact that such proceedings have been brought in
respect of the wrongful act or negligence in question shall not prevent the
making of an order or deductions under subsection (2).
Deductions for
payment of civil
penalties.
Compensation
for loss
occasioned by
wrongful act or
negligence.
2 of 1981.
115.-(1) When damage occurs to any premises in which one or more units
or parts of such units, of the Forces are quartered or billeted, or any
fixtures, furniture or effects in or belonging to such premises are damaged or
lost, and it appears on investigation by a court of inquiry that the damage or
loss was occasioned by the wrongful act or negligence of persons belonging
to any of the units or parts of units in occupation thereof, but that the said
persons cannot be identified, any person belonging to any of the units or
parts of such units may be required to contribute towards compensation for
the damage or loss such amount as may in accordance with regulations be
determined to be just, and the amount may be deducted from his pay.
(2) The provisions of subsection (1) shall extend to motor
vehicles in which units or parts of units are being transported and reference
to premises, quartering and occupation shall be construed accordingly.
116. Any forfeiture or deduction imposed under the provisions of
sections 111 to 115 or under regulations, may be remitted by the Governor-
General in accordance with the advice of the Public Services Commission.
PART VII
The Volunteer Element of the Force
117. The volunteer element of the Force shall be composed of-
(a) officers who have been commissioned into the
Volunteer Guard, and who are suitable, medically fit
and willing;
(b) soldiers who have been enlisted into the Volunteer
Guard, and who are medically fit, suitable and willing;
(c) officers who are commissioned into the volunteer
Deductions for
barrack damage.
Remission of
forfeiture and
deductions.
2 of 1981.
Composition of
the volunteer
element of the
Force.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
89
element; and
(d) soldiers who are enlisted into the volunteer element.
118.-(1) The term for which a person enlisting in the volunteer element may
be enlisted shall be for a term of four years beginning with the date of his
attestation.
(2) A person enlisting into the volunteer element shall be attested
in the same manner as a recruit in the regular force and the following
provisions of Part IV, that is to say-
(a) section 16 (which relates to the mode of enlistment and
attestation);
(b) section 28 (which relates to the validity of attestation
and enlistment), but omitting the references in that
section to the receipt of pay; and
(c) section 29 (which makes recruits punishable for false
answers),
shall apply in like manner as if they were re-enacted in this Part with the
substitution for the expression “regular force” of the expression “volunteer
element”.
(3) A person enlisting in the volunteer element may be attested by
any officer and the provisions of Part IV mentioned in subsection (2) together
also with section 57 (which relates to false answers on enlistment) shall in
their application to the volunteer element be construed as if the expression
“recruiting officer” included any officer of the Force.
(4) Any member of the volunteer element who at any time has
completed or is within six months before completing the term for which he is
Enlistment and
re-engagement in
the volunteer
element.
2 of 1981.
enlisted or re-engaged in pursuance of this Part may, in the case of an
officer, with the approval of the Public Services Commission acting after
consultation with the Belize Defence Board, or in the case of a soldier, with
the approval of the Commandant, re-engage for such further period or
periods of four years service in the volunteer element.
119.-(1) Subject to the provisions of this section, every member of the
volunteer element shall attend for training at such place or places and for
such periods as may be determined by the Minister and shall fulfil such
conditions relating to training as may be determined by the Minister.
(2) The requirements of this section may be dispensed with in
whole or in part as respects any member of the volunteer element by his
commanding officer.
(3) Nothing in this section shall be construed as preventing a
member of the volunteer element undergoing voluntary training in addition to
any training referred to in subsection (1).
120.-(1) The Governor-General may, at any time when the occasion
appears to require, call out the volunteer element, or as many members
thereof as is thought necessary, on temporary service.
(2) Members called out for service under this section shall not be
liable to serve at any one time for a period exceeding twenty-eight days.
121.-(1) In the event of a state of war being declared or of insurrection,
hostilities or public emergency, it shall be lawful for the Governor-General
by proclamation to direct that the volunteer element shall be called out on
permanent service.
(2) Upon the making of a proclamation under subsection (1), the
Governor-General shall call out the volunteer element, or as many members
thereof as is thought necessary, on permanent service.
Training of
volunteer element.
2 of 1981.
Call out of
volunteer element
on temporary
service.
2 of 1981.
Call out of
volunteer element
on permanent
service.
2 of 1981.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
91
(3) Every member of the volunteer element when called out on
permanent service shall be liable to continue in service until his services are
no longer required.
122.-(1) Where the whole or any part of the volunteer element is called out
on temporary service or on permanent service, it shall be the duty of every
member thereof so called out to attend in person at such place or places as
may be stated in the notice given under subsection (2):
Provided that no member shall be liable to be proceeded against for
an offence under this Act by reason of his failure to attend unless he has been
served with a notice under the provisions of subsection (2) requiring him to
attend.
(2) Where the volunteer element is called out on temporary
service or on permanent service, the Governor-General may cause any
member liable to such call out to be served with a notice requiring him to
attend at the time and place therein specified.
(3) A notice under subsection (2) may be served on any member
by-
(a) being delivered to him personally;
(b) being left at his last known address;
(c) being sent by registered post addressed to him at his last
known address.
123. Where a member of the volunteer element is called out on temporary
service or on permanent service, he shall, for the purposes of sections 129
and 163 (1) (d) be deemed to be so called out with effect from either-
Attendance on
call out.
2 of 1981.
Effective time of
call out.
(a) the time of his attendance under section 122 (1); or
(b) the time specified in any notice served under subsection
(2) of that section,
whichever is the earlier.
124. Where any member of the volunteer element has been called out on
temporary service or on permanent service, the Governor-General may at
any time thereafter give such directions as he may think fit for terminating the
service of any member so called out but without prejudice to the power of
the Governor-General by notice served under section 122 to call out for
further service any member whose service has been terminated by directions
given under this section.
125. Every member of the volunteer element may, when called out on
temporary service or on permanent service or when undergoing training, be
posted or attached to any unit of the Force.
126.-(1) Any member of the volunteer element who, without leave lawfully
granted or other reasonable excuse, fails to appear at the time and place
appointed for training, or when called out on temporary service or on
permanent service, shall-
(a) if called out on permanent service, be guilty, according
to the circumstances, of desertion within the meaning of
section 41 or of absenting himself without leave within
the meaning of section 42; or
(b) if called out on temporary service or for training, be
guilty of absenting himself without leave within the
meaning of section 42.
(2) Any member of the volunteer element who commits any of-
Termination of
service.
2 of 1981.
Posting or
attachment of
members of
volunteer element.
Punishment for
non-attendance.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
93
fence under this section shall be liable-
(a) to be tried either summarily by his commanding officer
or by court martial, and on conviction shall be
punishable as for an offence under section 41 or, as the
case may be, section 42; or
(b) to be tried summarily by a magistrate’s court and on
conviction shall be liable to a fine not exceeding three
hundred dollars or imprisonment for any term not
exceeding six months.
(3) Section 71 shall apply to members of the volunteer element
who commit an offence against this section as it applies to members of the
regular force.
(4) Where a member of the volunteer elements fails to appear at
the time and place appointed for training or when called out on temporary
service or on permanent service, and his absence continues for not less than
twenty-one days, an entry of such absence shall be made by an officer in the
service books and such entry shall be prima facie evidence of the fact of
such absence.
127.-(1) If any person designedly makes away with, or pawns, or wrongfully
destroys or damages, or negligently loses, anything issued to him as a
member of the volunteer element, or wrongfully refuses or neglects to deliver
up on demand anything issued to him as such a member of the volunteer
element, the value thereof shall be recoverable from him summarily before a
magistrate’s court on complaint by any officer of the Force.
(2) Without prejudice to the provisions of subsection (1), any
person who designedly makes away with, sells, pawns, or wrongfully de-
stroys anything issued to him as aforesaid shall be liable on summary con-
viction before a magistrate’s court to a fine not exceeding three hundred
Wrongful sale,
etc., of public
property.
dollars.
128.-(1) A soldier of the volunteer element may be discharged by the
Commandant at any time during the currency of any term of service in the
volunteer element.
(2) A soldier of the volunteer element shall, unless the volunteer
element has been called out on permanent service, be entitled to be
discharged before the end of his current term of service on complying with
the following conditions-
(i) giving to his Commandant six weeks’ notice in writing
of his desire to be discharged; and
(ii) delivering up in good order, fair wear and tear only
excepted, all arms, clothing and equipment, being
public property issued to him, or, in cases where for
any good or sufficient cause the delivery of the
property is impossible, paying the value thereof.
129. The provisions of Part V relating to the award of fines and
stoppages and the provisions of Part VI shall not apply to officers and
soldiers of the volunteer element except when called out on permanent
service or on temporary service or when serving on the permanent staff of
the volunteer element.
130.-(1) Every person who discharges or threatens to discharge an em-
ployee from his service because of such employee’s being, becoming or
proposing to become a member of the volunteer element shall be guilty of an
offence.
(2) Notwithstanding any enactment or rule of law to the contrary,
it shall be an offence for any employer of a member of the volunteer element
to withhold or to deduct any sum by way of wages or other remuneration or
Discharge from
volunteer element.
2 of 1981.
Application of
Parts V and VI.
Protection from
dismissal and loss
of wages, etc.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
95
to withhold or deny any privileges or benefit to which an employee would
otherwise be entitled in respect of any period during which an employee was
bona fide in the service of the volunteer element for the purpose of attending
training required by section 119, or on temporary service under section 120
or on permanent service under section 121.
(3) Every person who is guilty of an offence under this section
shall be liable on summary conviction to a fine not exceeding three hundred
dollars in default of payment thereof to be imprisoned for not more than six
months.
(4) Upon a complaint being made by the Commandant of an
alleged offence against this section to the police, the police shall take action
to bring the alleged offender before the court.
(5) The burden of disproving a charge laid under this section shall
be upon the employer.
PART VIII
The Reserve
131. The reserve shall consist of-
(a) officers who hold commissions in the regular force and
who have been transferred to the reserve;
(b) officers who have been granted commissions in the
reserve; and
(c) soldiers who have been transferred thereto (after
completing their regular service) pursuant to section 21.
2 of 1981.
Composition of
reserve.
132. Any soldier of the reserve who at any time has completed, or is
within six months before completing, the term for which he is liable to serve
in the reserve under the provisions of Part IV may with the approval of the
commanding officer re-engage for such further period or periods in the
reserve as the Commandant may approve.
133.-(1) In the event of a state of war being declared or of insurrection,
hostilities or public emergency, it shall be lawful for the Governor-General
by proclamation to direct that the whole or any part of the reserve shall be
called out on permanent service.
(2) Every member of the reserve when called out on permanent
service shall be liable to continue in service until his services are no longer
required.
134.-(1) Where the whole or any part of the reserve is called out on per-
manent service it shall be the duty of every member belonging thereto to at-
tend in person at such place or places stated in the notice of call out:
Provided that no member of the reserve shall be liable to be
proceeded against for an offence under this Act by reason of his failure to
attend unless he has been served with a notice under the provisions of
subsection (2) requiring him to attend.
(2) Where the reserve is called out on permanent service, the
Governor-General may cause any member liable to such call out to be
served with a notice requiring him to attend at the time and place therein
specified.
(3) A notice under subsection (2) may be served on any member
by-
(a) being delivered to him personally;
Re-engagement in
the reserve.
2 of 1981.
Call out of reserve
on permanent
service.
2 of 1981.
2 of 1981.
Attendance upon
call out.
2 of 1981.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
97
(b) being left at his last known address;
(c) being sent by registered post addressed to him at his last
known address.
135. Where a member of the reserve is called out on permanent service
he shall, for the purpose of section 140, be deemed to be so called out with
effect from either-
(a) the time of his attendance under section 134 (1); or
(b) the time specified in any notice under subsection (2) of
that section, whichever is the earlier.
136. Where a member of the reserve has been called out on permanent
service the Governor-General may give directions for terminating the service
of any such soldier so called out but without prejudice to the power given
under section 134 to call out for further service any member whose service
has been terminated by directions given under this section.
137. Every member of the reserve may, when called out on permanent
service, be posted or attached to any unit of the Force.
138.-(1) Any member of the reserve who, without leave lawfully granted or
other reasonable excuse, fails to appear at the time and place specified in any
notice under section 134 (2) shall be guilty, according to the circumstances,
of desertion within the meaning of section 41 or of absenting himself without
leave within the meaning of section 42.
(2) Any member of the reserve who commits any offence under
this section shall be liable-
(a) to be dealt with under the provisions of Part IV and on
Effective time of
call out.
Termination of
service.
2 of 1981.
Posting and
attachment of
members of the
reserve.
Punishment for
non-attendance.
conviction shall be punishable as for an offence under
section 41, or, as the case may be, section 42; or
(b) to be tried summarily by a magistrates’ court and on
conviction shall be liable to a fine not exceeding three
hundred dollars or to imprisonment for any term not
exceeding six months, or to both such fine and term of
imprisonment.
(3) Section 71 shall apply to members of the reserve who
commit an offence against this section as it applies to persons otherwise
subject to military law.
(4) Where a member of the reserve fails to appear at the time
and place specified in any notice under section 134 (2), and his absence
continues for not less than twenty-one days, an entry of such absence shall
be made by an officer in the service books and such an entry shall be prima
facie evidence of the fact of such absence.
139. A soldier of the reserve may be discharged by the Commandant
during the currency of any term of service in the reserve after the
Commandant has obtained the concurrence of the Public Services
Commission.
140. The provisions of Part V and Part VI relating to the award of fines
and stoppages and other deductions from pay shall only apply to members
of the reserve when called out on permanent service.
141.-(1) Every person who discharges or threatens to discharge an em-
ployee from his service because of such employees’ being, becoming or
proposing to become a member of the reserve shall be guilty of an offence.
(2) Notwithstanding any enactment or rule of law to the contrary,
it shall be an offence for an employer of a member of the reserve to hold or
Discharge from
reserve.
2 of 1981.
Application of
Parts V and VI.
Protection from
dismissal and loss
of wages, etc.
5 of 1983.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
99
to deduct any sum by way of wages or other remuneration or to withhold or
deny any privileges or benefit to which an employee would otherwise be
entitled in respect of any period during which an employee was bona fide in
the service in the reserve for the purpose of attending a training provided for
in any regulation made in that behalf or on service in the reserve.
(3) Every person who is guilty of an offence under this section
shall be liable on summary conviction to a fine not exceeding three hundred
dollars and in default of payment thereof to be imprisoned for not more than
six months.
(4) Upon a complaint being made by the Commandant of an
alleged offence against this section to the police, the police shall take action
to bring the alleged offender before the court.
(5) The burden of disproving a charge laid under this section shall
be upon the employer.
PART IX
Government and General Provisions
Command
142. The Governor-General, acting in accordance with the advice of the
Prime Minister, shall appoint an officer in whom the command of the Force
shall be vested and subject to the terms of such appointment such officer
shall have command of the Force.
143.-(1) In so far as powers of command depend on rank, a member of any
force who is acting with, or is a member of a body of those forces which is
acting with, any body of the Force shall have the like powers as a member of
the Force of the same rank; and for the purpose of sections 38 and 71 any
such member of the said force shall be treated as if he were a member of the
Command of
Force.
2 of 1981.
Powers of
command of
members of co-
operating forces.
Force of the same rank.
(2) If the whole or any part of the Force is required to act with
any other Force, the Governor-General may place the Force or such part
thereof under the command of the officer commanding such other force.
(3) Where any part of the Force is acting in co-operation with
any other force, the commander of that part of the Force may, in agreement
with the commander of that other force, define the powers of command and
order of precedence of the officers, warrant officers and non-commissioned
officers of the Force in relation to the officers, warrant officers and non-
commissioned officers of such other force.
(4) In this section, “force” means a military force of another
country.
Redress of complaints
144.-(1) If an officer of the Force thinks himself wronged in any matter by a
superior officer and application to his commanding officer does not obtain
the redress to which he thinks he is entitled, he may make a complaint with
respect to that matter to the Public Services Commission, through the
Commandant, Belize Defence Force.
(2) On receiving any such complaint it shall be the duty of the
Commandant, Belize Defence Force to investigate the complaint and he
shall make his report on the complaint to the Public Services Commission in
order that they may give directions thereon.
145.-(1) If a soldier of the Force thinks himself wronged in any matter by
any officer other than his commanding officer or by any soldier, he may
make a complaint with respect to that matter to his commanding officer.
(2) If a soldier thinks hinlself wronged in any matter by his
2 of 1981.
Complaints by
officers.
2 of 1981.
Complaints by
soldiers.
2 of 1981.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
101
commanding officer, either by reason of redress not being given to his
satisfaction on a complaint under subsection (1) or for any other reason, he
may make a complaint with respect thereto to the Public Services
Commission through the Commandant, Belize Defence Force.
(3) On receiving such a complaint it shall be the duty of the
Commandant, Belize Defence Force to proceed as provided in section 144
(2).
(4) It shall be the duty of the Public Services Commission or the
commanding officer to have any complaint received by them or him, as the
case may be, under this section investigated and to take any steps for
redressing the matter complained of which appear to them or him, as the
case may be, to be necessary.
Exemptions for members of Force
146. A member of the Force shall be exempt from serving on any jury.
147. No judgment, decree or order given or made against a member of
the Force by any court in Belize shall be enforced by levying of execution,
nor shall distress be made, on any property of the person against whom it is
given or made, being arms, ammunition, equipment, instruments or clothing
used by him for military purposes.
Provisions relating to deserters and absentees without leave
148.-(1) Any police officer within Belize may arrest without a warrant any
person whom he has reasonable cause to suspect of being a member of the
Force who has deserted or is absent without leave.
(2) Where no police officer is available, any member of the Force
or any other person may arrest without a warrant any person whom he has
reasonable cause to suspect as aforesaid.
2 of 1981.
2 of 1981.
Exemption from
jury service.
Exemption from
taking in
execution of
property used
for military
purposes.
Arrest of
deserters and
absentees
without
leave.
(3) Any person in Belize having authority to issue a warrant for
the arrest of a person charged with crime, if satisfied by evidence on oath
that there is, or is reasonably suspected of being, within his jurisdiction a
member of the Force who has deserted or is absent without leave or is
reasonably suspected of having deserted or of being absent without leave,
may issue a warrant authorising his arrest.
(4) Any person in custody in pursuance of this section shall as
soon as practicable be brought before a magistrates’ court.
149.-(1) Where a person who is brought before a magistrates’ court is
alleged to be a member of the Force who has deserted or is absent without
leave, the following provisions shall have effect.
(2) (a) If he admits that he is illegally absent from the
Force and the court is satisfied of the truth of the
admission, then-
(i) unless he is in custody for some other cause, the
court shall; and
(ii) notwithstanding that he is in custody for some
other cause, the court may,
forthwith either cause him to be delivered into military
custody in such manner as the court may think fit or
commit him to some prison, police station or other
place provided for the confinement of persons in
custody, to be kept there for such reasonable time as
the court may specify (not exceeding such time as
appears to the court reasonably necessary for the
purpose of enabling him to be delivered into military
custody) or until sooner delivered into such custody.
Proceedings
before a civil
court where
persons
suspected of
illegal absence.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
103
(b) Any time specified by the court may be extended by the
court from time to time if it appears to the court
reasonably necessary to do so for the purposes
aforesaid.
(3) If he does not admit that he is illegally absent, or the court is
not satisfied of the truth of the admission, the court shall consider the
evidence and any statement of the person and if satisfied that he is subject to
military law and if of the opinion that there is sufficient evidence to justify his
being tried under this Act for an offence of desertion or absence without
leave, then, unless he is in custody for some other cause, the court shall cause
him to be delivered into military custody or commit him as aforesaid, but
otherwise shall discharge him:
Provided that if he in custody for some other cause, the court shall
have power, but shall not be required, to act in accordance with this
subsection.
150.-(1) Where in Belize a person surrenders himself to a police officer as
being illegally absent from the Force, the police officer shall (unless he
surrenders himself at a police station) bring him to a police station.
(2) The police officer in charge of a police station at which a
person who has so surrendered himself is brought shall forthwith inquire into
the case, and if it appears to that officer that the person is illegally absent, he
may cause him to be delivered into military custody without bringing him
before a magistrates’ court or may bring him before a magistrates’ court.
151.-(1) Where a magistrates’ court, in pursuance of section 149, deals with
a person as illegally absent, then when that person is delivered into military
custody there shall be handed over a certificate signed by a justice of the
peace, containing the name and number of the person and particulars as to
his arrest or surrender and the proceedings before the court.
Deserters and
absentees
without leave
surrendering to
police.
Certificate of
arrest or
surrender of
deserters or
absentees.
(2) Where a person is delivered into military custody without
being brought before a magistrates’ court whether under the provisions of
section 150 or under any other lawful power, there shall be handed over a
certificate, signed by the police officer who causes him to be delivered into
military custody, containing the name and number of the person and the
particulars relating to his surrender.
(3) In any proceedings for an offence under section 41 or 42, a
document purporting to be a certificate under either subsection (1) or (2),
and to be signed as thereby required, shall be evidence of the matters stated
in the document.
152.-(1) It shall be the duty of the superintendent or other person in charge
of a civil prison to receive any person duly committed to that prison by a
magistrates’ court as illegally absent and to detain him until in accordance
with the directions of the court he is delivered into military custody.
(2) Subsection (1) shall apply to the person having charge of any
police station or other place (not being a prison) provided for the confine-
ment of persons in custody, as it applies to the superintendent of a prison.
Offences Relating to Military Matters Punishable by Civil Courts
153. Any person who-
(a) procures or persuades any member of the Force to
desert or to absent himself without leave;
(b) knowing that any such member is about to desert or
absent himself without leave, assists him in so doing; or
(c) knowing any person to be a deserter or absentee
without leave from the Force, conceals him or assists in
Duties of
superintendent
of prisons and
others to receive
deserters and
absentees.
Punishment for
procuring and
assisting
desertion.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
105
concealing himself or assists in his rescue from custody,
shall be guilty of an offence and shall be liable on summary conviction to a
fine not exceeding three hundred dollars or to imprisonment for a term not
exceeding six months or to both such fine and term of imprisonment, or on
conviction on indictment to a fine not exceeding one thousand dollars or to
imprisonment for a term not exceeding two years, or to both such fine and
term of imprisonment.
154. Any person who wilfully obstructs or otherwise interferes with any
member of the Force acting in the execution of his duty shall be liable on
summary conviction to a fine not exceeding three hundred dollars or to
imprisonment for a term not exceeding six months, or to both such fine and
term of imprisonment.
155. Any person who-
(a) produces in a member of the Force any sickness or
disability; or
(b) supplies to or for him any drug or preparation calculated
or likely to render him, or lead to the belief that he is,
permanently or temporarily unfit for service,
with a view to enabling him to avoid military service, whether permanently or
temporarily, shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding three hundred dollars or to imprisonment
for a term not exceeding six months or to both, or on conviction on
indictment to a fine not exceeding one thousand dollars or to imprisonment
for a term not exceeding two years, or to both such fine and term of
imprisonment.
156.-(1) Any person who acquires any military stores or solicits or procures
any person to dispose of any military stores, or acts for any person in the
Punishment for
obstructing
members in
execution of
duty.
Punishment for
aiding
malingering.
Unlawful
purchase, etc., of
military stores.
disposal of any military stores, shall be guilty of an offence unless he proves
either-
(a) that he did not know, and could not reasonably be
expected to have known, that the chattels in question
were military stores; or
(b) that those chattels had (by the transaction with which
he is charged or some earlier transaction) been
disposed of by order or with the consent of some
person or authority who had, or whom he had
reasonable cause to believe to have, power to give the
order of consent; or
(c) that those chattels had become the property of an
officer of the Force who had retired or ceased to be
such an officer, or of the personal representatives of a
person who had died,
and shall be liable on summary conviction to a fine not exceeding three
hundred dollars or to imprisonment for a term not exceeding six months or
to both, or on conviction on indictment to a fine not exceeding one thousand
dollars or imprisonment for a term not exceeding two years, or to both such
fine and term of imprisonment.
(2) A police officer may arrest without warrant any person whom
he has reasonable grounds for suspecting of having committed an offence
against this section, and may seize any property which he has reasonable
grounds for suspecting of having been the subject of an offence.
(3) Any person having authority to issue a warrant for the arrest of
a person charged with crime may, if satisfied by evidence on oath that a person
within his jurisdiction has, or is reasonably suspected of having, in his possession
any property which has been the subject of an offence against this section,
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
107
grant a warrant to search for such property as in the case of stolen goods; and
any property suspected of having been the subject of such an offence which is
found on such a search shall be seized by the officer charged with the execution
of the warrant, and that officer shall bring the person in whose possession or
keeping the property is found before a magistrates’ court.
(4) In this section-
“acquire” means buy, take in exchange, take in pawn or otherwise receive
(whether apart from this section the receiving is lawful or not);
“dispose” means sell, give in exchange, pledge or otherwise hand over (whether
apart from this section the handing over is lawful or not);
“military stores” means any chattel of any description belonging to the
Government, which has been issued for use for military purposes or is held in
store for the purposes of being so issued when required, and includes any
chattel which had belonged, and had been issued or held, as aforesaid at some
past time.
(5) For the purposes of subsection (3), property shall be deemed to
be in the possession of a person if he has it under his control, and whether he
has it for his own use or benefit or for the use or benefit of another.
157.-(1) Any person who-
(a) as a pledge or a security for a debt; or
(b) with a view to obtaining payment from the person
entitled thereto of a debt due either to himself or
to any other person,
receives, detains or has in his possession any official document issued in
connection with the payment to any person of any pay, pension, allowance,
Illegal dealings
in documents
realting to pay,
pensions,
mobilisation, etc.
gratuity or other payment payable in respect of his or any other person’s service
in the Force, shall be guilty of an offence against this section.
(2) Any person who has in his possession without lawful authority
or excuse (the proof whereof shall lie on him) any such document as
aforesaid or any official document issued in connection with the mobilisation
or demobilisation of the Force or any member thereof, shall be guilty of an
offence against this section.
(3) Any person guilty of an offence against this section shall be
liable on summary conviction to a fine not exceeding three hundred dollars
or to imprisonment for a term not exceeding six months, or to both such fine
and term of imprisonment.
(4) For the purposes of this section, a document shall be deemed
to be in the possession of a person if he has it under his control and whether
he has it for his own use or benefit or for the use or benefit of another.
Provisions as to evidence
158.-(1) The following provisions shall have effect with respect to evidence
in proceedings under this Act whether before a court martial, a civil court or
otherwise.
(2) A document purporting to be a copy of the attestation paper
signed by any person and to be certified to be a true copy by a person
stated in the certificate to have the custody of the attestation paper shall be
evidence of the enlistment of the person attested.
(3) The attestation paper purporting to be signed by a person on
his enlistment shall be evidence of his having given the answers to questions
which he is therein recorded as having given.
(4) A letter, return or other document stating that any person-
General
provisions as to
evidence.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
109
(a) was or was not serving at any specified time or during
any specified period in the Force or was discharged
therefrom at or before any specified time; or
(b) held or did not hold at any specified time any specified
rank or appointment in the Force, or had at or before
any specified time been attached, posted or transferred
thereto, or at any specified time or during any specified
period was or was not serving or held or did not hold
any rank or appointment in any particular country or
place,
shall, if purporting to be issued by or on behalf of the commanding officer, be
evidence of the matters stated in the document.
(5) A record made in any service book or other document, being a
record made in pursuance of this Act, or otherwise in pursuance of military
duty, and purporting to be signed by the commanding officer or by a person
whose duty it was to make the record, shall be evidence of the facts stated
therein; and a copy of a record (including the signature thereto) in any such
book or other document, purporting to be certified to be a true copy by a
person stated in the certificate to have the custody of the book or other document,
shall be evidence of the record.
(6) A document purporting to be issued by order of the Governor-
General or Commandant and to contain instructions or orders given or made
by the Governor-General or, as the case may be, the Commandant, shall be
evidence of the giving of instructions or making of the orders and of their contents.
(7) A certificate purporting to be signed by a person’s commanding
officer or any officer authorised by him to give the certificate, and stating the
contents of, or any part of, standing orders or other routine orders of a continuing
nature made for any formation or unit or body of troops or any command or
other area, garrison or place, shall in proceedings against the said person be
evidence of the matters stated in the certificate.
159.-(1) Where a person subject to military law has been tried before a civil
court (whether at the time of the trial he was so subject or not), a certificate
signed by an officer of the court or a senior justice of the peace and stating
all or any of the following matters-
(a) that the said person has been tried before the court for
an offence specified in the certificate;
(b) the result of the trial;
(c) what judgment or order was given or made by the
court,
shall for the purposes of this Act be evidence of the matters stated in the
certificate.
(2) A document purporting to be a certificate under this section
and signed by a Judge or Registrar of the Supreme Court or the magistrate
or clerk of the inferior court, shall, unless the contrary is shown, be deemed
to be such a certificate.
160.-(1) The original proceedings of a court martial purporting to be signed
by the president of the court and being in the custody of any person having
the lawful custody thereof shall be admissible in evidence on production
from that custody.
(2) A document purporting to be a copy of the original
proceedings of a court martial or any part thereof and to be certified by the
person having the lawful custody of the proceedings to be a true copy shall
be evidence of the contents of the proceedings or the part to which the
document relates, as the case may be.
Proof of outcome
of civil trial.
2 of 1981.
2 of 1981.
Evidence of
proceedings of
court martial.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
111
(3) This section applies to evidence given in any court, whether in
civil or criminal proceedings.
Miscellaneous provisions
161. Where a person is in military custody when charged with, or with a
view to his being charged with, an offence against Part V, it shall be the duty
of the superintendent or other person in charge of a civil prison or of the
person having charge of any police station or other place in which prisoners
may be lawfully detained, upon delivery to him of a written order purporting
to be signed by the commanding officer of the person in custody, to receive
him into his custody for a period not exceeding seven days.
162.-(1) Every assignment of or charge on, and every agreement to assign or
charge, any pay, award, grant, pension or allowance payable to any person in
respect of his or any other person’s service in the Force shall be void.
(2) Save as expressly provided by this Act, no order shall be made
by any court the effect of which would be to restrain any person from receiving
anything which by virtue of this section he is precluded from assigning and to
direct payment thereof to another person.
(3) Nothing in this section shall prejudice any law providing for the
payment of any sum to a bankrupt’s trustee in bankruptcy for distribution among
creditors.
Belize Defence Force Benevolent Fund
163.-(1) There is hereby established a fund to be called the Belize Defence
Force Benevolent Fund (hereinafter referred to as “the Fund”) which shall
consist of -
(a) contribution of one day’s basic pay per annum by every
officer or soldier who is a member of the regular Force,
Temporary
reception in civil
custody of
persons under
escort.
Avoidance of
assignment of, or
charge on,
military pay,
pensions, etc.
Establishment
of Belize
Defence Force
Benevolent
Fund.
30 of 1990.
or who is a member of the volunteer element and opts to
join the Fund; and
(b) the grants, donations and benefications from any source.
(2) The overall responsibility for the management of the Fund shall
vest in an Executive Committee consisting of the Permanent Secretary to the
Ministry responsible for defence (who shall be the Chairman), Chief of Staff
or Finance Officer of the Ministry responsible for defence, the Commandant
of the Force and the Force Sergeant Major. The Executive Committee may
delegate financial responsibility for the administration of the Fund, up to a
maximum amount to be specified annually by the Belize Defence Board, to a
Consultative Committee consisting of elected members of the Force
representing all ranks.
(3) The Executive Committee may, in its discretion, sanction
payments from the Fund for any of the following purposes-
(a) assistance to the spouses or families of deceased members
of the regular Force, or of such volunteers who were
members of the Fund by virtue of subscription, or any
such members who are discharged from the Force as
medically unfit for further service;
(b) assistance to serving members of the regular Force, or
such volunteers who are members of the Fund by virtue
of subscription, to enable them to obtain specialist medical
treatment outside Belize when such treatment cannot be
had through the Ministry of Health or the Ministry of Social
Services;
(c) any other purpose not specified in paragraphs (a) and
(b) which the Executive Committee considers to be for
Executive
Committee.
Payments from
the Fund.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
113
the general welfare of the members of the Force.
(4) The Fund shall be audited by or on behalf of the Auditor General
annually who shall cause a report to be prepared and sent to the Executive
Committee.
(5) The money standing to the credit of the Fund may from time to
time be invested in such manner as may from time to time be directed by the
Executive Committee.
PART X
Application of the Act and Supplementary Provisions
164.-(1) Subject to the provisions of the following section, the following
persons are subject to military law-
(a) officers and soldiers of the regular force;
(b) officers and soldiers attached to the Force or any part
thereof;
(c) officers of the volunteer element;
(d) soldiers of the volunteer element when called out on
permanent service or temporary service or when
undergoing or performing any training or other duty
(whether in pursuance of an obligation or not) or when
serving on the permanent staff of the volunteer element;
(e) members of the reserve when called out on permanent
service.
(2) This Act shall apply to persons subject thereto under the
Audit.
Persons subject
to military law.
provisions of this section and in relation to the Force as well outside as
within Belize.
165.-(1) Officers, warrant officers and non-commissioned officers who, being
members of the United Kingdom military forces, are subject to military law
under the Army Act, 1955 of the United Kingdom as amended from time to
time (or any enactment substituted therefor), and are seconded to serve with
the Force or any part thereof, shall remain subject to military law under the
said Act and shall not be subject to military law under this Defence Act.
(2) The powers of arrest conferred by section 74 of the Army Act,
1955, as amended or substituted as aforesaid, and the provisions of sections
186 to 190 inclusive of the said Act (which relate to deserters and absentees
without leave) shall apply in Belize to the persons referred to in subsection (1).
(3) In the event of a person referred to in subsection (1) committing
an offence against the provisions of the Army Act, 1955, as amended or
substituted as aforesaid, he may be held, tried and punished in Belize under
the Act for the offence thereunder.
166.-(1) Subject to the foregoing provisions of this Act, the Governor-General,
after consultation with the Belize Defence Board, may make regulations for
the better carrying out of the provisions of this Act and generally for the good
government and organisation of the Force, and without prejudice to the
generality of the foregoing, such regulations may make provisions with respect
to all or any of the following matters-
(a) the pay, allowances, pensions, and gratuities of
members of the Force and of their dependents surviving
them, and the deductions therefrom and the forfeiture
thereof;
(b) the description, supply, use and disposal of arms,
accoutrements, clothing and other stores;
Application of
the Army Act,
1955.
3 & 4 Eliz. 2,
Ch. 18 (U.K.)
Power to make
regulations.
2 of 1981.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
115
(c) the calling out of members of the volunteer element-
(i) for training, including the manner in which
notification of the places and times appointed for
training is to be given;
(ii) on temporary service; and
(iii) on permanent service;
(d) the calling out of members of the reserve on permanent
service, including the manner of notification of the places
for reporting on such call out.
167.-(1) The Governor-General may, after consultation with the Prime Minister,
make regulations providing for the calling out of men for national service.
(2) The regulations shall provide for-
(i) the age and numbers of the persons to be called out;
(ii) the form of notice paper to be used;
(iii) the place at which the persons called out are to report;
and
(iv) any other matters which may be considered necessary
and desirable.
(3) Where a man has been called out for national service he shall
be deemed to have been called out with effect from the date of his reporting,
or the date specified in the notice paper requiring him to report, whichever is
the earlier.
Power to make
regulations
relating to
national service.
2 of 1981.
(4) A notice paper requiring a man to report may be served
either by it being delivered to him personally, being left at his last known
address or being sent by registered post addressed to him at his last known
address.
(5) A man who has been called out shall be deemed to be
subject to military law under the provisions of section 164 (1) (a) as from
the date of reporting or the date on which he should have reported.
(6) If the period of service of a man called out under the
provisions of the regulations made under this section expires during the time
that members of the volunteer element have been called out on permanent
service under the provisions of section 121 he shall be deemed to remain in
the service until his services are no longer required.
(7) The provisions of section 126 shall apply mutatis mutandis
to a man who fails to report in accordance with the instructions contained in
the notice paper.
168. Save as expressly provided by any regulations, any order,
determination, direction or appointment required or authorised to be made
under this Act by any military officer or authority may be signified under the
hand of any officer authorised in that behalf, and any instrument signifying
such an order, determination, direction or appointment and purporting to be
signed by an officer stated therein to be so authorised shall, unless the
contrary is proved, be deemed to be signed by an officer so authorised.
169. Notwithstanding the repeal of the Volunteer Guard Act Chapter 58
of the 1958 Revised Edition, the rights of officers who were commissioned
in the Guard and of soldiers who were enlisted in the Guard shall not be
affected by the repeal.
Execution of
orders,
instruments, etc.
Saving of rights
of officers and
soldiers of
Volunteer Guard.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
117
FIRST SCHEDULE
[Section 11 (4)]
Commissions
Form of commission
I,.....................................................................Governor-General of Belize
acting under command of Her Majesty Queen Elizabeth the Second do give
to.................................................................................................................
Greetings and reposing especial trust in your loyalty, courage and good
conduct, do by these presents constitute and appoint you to be an officer in
+
of the Belize Defence Force (for....................... years)* from
the............................ day of
...............................................................20........................
You are therefore carefully and diligently to discharge your duty as such an
officer in the rank of...................................................................................
or in such other rank as you may from time to time hearafter be promoted or
appointed and you are in such manner and on such occasions to exercise and
well discipline in their duties, such officers and soldiers as may be placed
under your orders from time to time and use your best endeavours to keep
them in good order and discipline. I do hereby command, all such officers
and soldiers to obey you as their superior officer, and you to observe and
follow such orders and directions as from time to time you shall receive from
me or any of your superior officers in pursuance of the trust hereby reposed
in you.
GIVEN at.......................................................................................................
this.................................................day of...........................20.....................
Governor-General
* To be omitted in the case of a commission granted for an indefinite period. + Insert “regular force”, “volunteer element”, “reserve” as appropriate.
SECOND SCHEDULE
[Section 16 (1)]
Questions to be put to a person offering to enlist, etc.
1. The following questions should be asked of a person offering to
enlist in the regular Force.
1. What are your name and forenames?
2. What is your date of birth?
3. What is your place of birth?
4. What is your nationality?
5. Are you single, married, divorced or a widower?
6. Do you have any children dependent upon you?
7. What is your religious denomination?
8. Have you ever served in any force in the British
Commonwealth? (If the answer is yes state the unit to
which you belonged.)
9. Have you ever been rejected for service in any British
Commonwealth force?
10. Have you ever appeared or are you due to appear before
any civil court?
(If the answer is yes give the dates of each appearance
including future appearance, the name of the court and
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
119
the particulars of the charge and the decision of the court and any
sentence imposed by the court.)
11. Have you received a notice paper setting out the questions to
be answered on attestation and the general conditions of
enlistment to be entered into?
12. Have you answered all of the questions satisfactorily?
13. Do you understand the contents of the notice paper and do
you wish to be enlisted?
14. Are you willing to serve in the Belize Defence Force provided
your services are required for-
(a) a term of 12 years regular service;
(b) a term of 3 years regular service and 9 years in the
reserve;
(c) a term of 6 years regular service and 6 years in the
reserve;
(d) a term of 9 years regular service and 3 years in the
reserve?
(delete those not appropriate.)
15. Do you understand-
(1) That you can within 1 year from before completing your
term of regular service apply to re-engage for a further
period or periods of regular service and service in the
reserve?
(2) After you have completed 22 years service in the
regular force, you can apply to continue to serve if your
term of service in the regular force was unexpired but
that you can in these circumstances claim your
discharge at any time after giving 3 months notice?
(3) If there is a state of war, insurrection or hostilities or
public service, you may be retained in the regular force
and your service prolonged?
(4) That you will not be accepted as a member of the
regular force unless you are found to be physically and
mentally fit by a qualified medical officer?
16. Do you understand that under the provisions of sections 29
and 57 of the Defence Act if you have knowingly given a false
answer to any of the questions contained in the attestation
paper you render yourself liable to prosecution?
2. The person offering to enlist shall make a solemn declaration in the
following terms in the presence of a witness (preferably the recruiting
officer) both of whom shall sign.
“I, do solemnly declare that the above answers made by me to
the above questions are true and that I am willing to fulfil the engagement
made”.
3. The person offering to enlist having signed the declaration set out
above shall take the oath of allegiance or make a solemn affirmation of
allegiance in the following terms:
“I, (do sincerely promise and swear) (do solemnly
and sincerely affirm and declare) that I will be faithful and bear true
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
121
allegiance to Our Sovereign Lady the Queen and to Her constitutionally
Elected Government in BELIZE and that I will faithfully serve Her Majesty in
the Belize Defence Force until lawfully discharged, dismissed or removed,
and that I will resist Her Majesty’s enemies and defend and protect all Her
Majesty’s subjects and territory in BELIZE and cause Her Majesty’s peace
to be kept and maintained and that I will in all matters appertaining to my
service faithfully discharge my duties according to law.”
THIRD SCHEDULE
[Section 84 (6)]
Alternative offences of which accused may be convicted by court martial
Offence Charged Alternative Offence
1. Communicating with or giving Disclosing information without
intelligence to the enemy. authority.
2. Striking a person within Using force against a person
section 33 (b). within section 33 (b) otherwise
than by striking him.
3. Striking his superior officer. (a) Using violence to his superior
officer otherwise than by striking
him.
(b) Offering violence to his
superior officer.
4. Using violence to his superior Offering violence to his superior
officer otherwise than by officer.
striking him.
5. Using threatening language to Using insubordinate language to
his superior officer. his superior officer.
6. Desertion. Absence without leave.
7. Attempting to desert. Absence without leave.
8. Stealing any property. Fradulently misapplying the
property.
9. Any offence against section Any offence against section
50 (1). 50 (2).
10. Any offence against section The corresponding offence
51 involving violence. involving
(a) the use of violence other
than striking; or
(b) the offering of violence.
11. Any offence against section The corresponding offence
51 involving the use of involving the offering of
violence other than striking. violence.
12. An offence against section The corresponding offence
61 (1) involving striking. involving ill-treatment.
13. An offence against section The corresponding offence
61 (2) involving striking. involving ill-treatment.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
123
FOURTH SCHEDULE
[Section 73 (1)]
Offences triable summarily without consent of offender
No. Offences Section of the
Defence Act
1. Offences by or in relation to sentries, except
striking a member of the Force..................................... 33
2. Failure to attend for duty, neglect of duty, etc. ............. 34
3. Looting, where the value of property does not
exceed $500.00 .......................................................... 35
4. Disobedience to lawful orders ...................................... 39
5. Disobedience to standing orders .................................. 40
6. Absence without leave ................................................. 42
7. Malingering .................................................................. 44
8. Drunkenness ................................................................ 45
9. Disorderly Conduct ...................................................... 46
10. Offences relating to public or service property, etc.,
where the value of, or damage to, such property does
not exceed $500.00 ..................................................... 47
30 of 1990.
11. Misapplication and waste of public or service property
where the value of the property does not exceed
$500.00 ..................................................................... 48
12. Offences relating to issues and decorations .................. 49
13. Resistance to arrest, except involving violence ............. 51
14. Escape from confinement ............................................ 52
15. Obstruction of police officer ........................................ 55
16. Making of false statement on enlistment ......................57
17. Making of false documents ......................................... 58
18. Offences against morale .............................................. 59
19. Ill-treatment, except striking ........................................ 61
20. False accusations ....................................................... 63
21. Attempt to commit any of the offences in this Schedule 64
22. Aiding and abetting, etc., of offences in this Schedule .. 65
23. Conduct to the prejudice of military discipline ............. 66
24. Commission of any of the civil offences specified in the
Second Schedule to the Summary Jurisdiction
(Offences) Act, Chapter 98 of the Substantive Laws
of Belize, 2000, if all or any of these civil offences are
committed against the Force or Service personnel or
property only. ............................................................ 67
CAP. 98.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
125
FIFTH SCHEDULE
[Section 73 (2)]
Offences triable summarily with consent of offender
No. Offences Section of the
Defence Act
1. Striking a member of the Force ................................... 33 (b)
2. Looting, where the value of property exceeds
$500.00 but does not exceed $5,000.00 .................... 35
3. Insubordinate behaviour, etc. ...................................... 38
4. Desertion ................................................................... 41
5 Failure to apprehend or report deserters or absentees ..43
6. Offences relating to public or service property, etc.,
where the value of, or damage to, such property,
exceeds $500.00 but does not exceed $5,000.00 ....... 47
7. Misapplication and waste of public or service property,
where the value of such property exceeds $500.00
but does not exceeds $5,000.00 ................................. 48
8. Resistance to arrest involving violence ......................... 51
9. Ill-treatment involving striking ...................................... 61
10. Disgraceful conduct .................................................... 62
11. Attempt to commit any of the offences in this Schedule..64
30 of 1990
12. Aiding and abetting, etc., of offences in this Schedule ... 65
13. Commission of any of the civil offences specified in the
Third Schedule to the Summary Jurisdiction (Offences)
Act, Chapter 98 of the Substantive Laws of Belize,
2000, if all or any of these civil offences are committed
against the Force or Service personnel or property only.67
SIXTH SCHEDULE
[Section 73 (3)]
Offences triable by a court martial only
No. Offences Section of the
Defence Act
1. Misconduct in Action ................................................. 30
2. Assisting the enemy ..................................................... 31
3. Obstructing Operations ............................................... 32
4. Looting, where the value of property exceeds
$5,000.00 .................................................................. 35
5. Mutiny ........................................................................ 36
6. Failure to suppress mutiny ........................................... 37
CAP. 98.
30 of 1990.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Defence [CAP. 135
[ ]
127
7. Offences relating to public or service property, etc.,
where the value of, or damage to, such property
exceeds $5,000.00 ..................................................... 47
8. Misapplication and waste of public or service property
where the value of such property exceeds $5,000.00 ... 48
9. Permitting escape and unlawful release of prisoners ...... 50
10. Offences relating to courts martial ................................ 53
11. False evidence ............................................................ 54
12. Unauthorised disclosure of information ........................ 56
13. Scandalous conduct of officers ................................... 60
14. Ill-treatment by officers .............................................. 61(a)
15. Attempt to commit any of the offences in this Schedule 64
16. Aiding and abetting, etc., of offences in this Schedule ... 65
17. Commission of any of the civil offences triable on
indictment in the Supreme Court, except treason,
murder, manslaughter (whether by negligence or
otherwise), treason-felony and rape, if all or any of
these civil offences are committed against the Force
or Service personnel or property only. ......................... 67
