CAP. 138 POLICE ACT BELIZE
POLICE ACT
CHAPTER 138
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
POLICE ACT 8
Amendments in force as at 31st December, 2000.
BELIZE
POLICE ACT
CHAPTER 138
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
POLICE ACT 8
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.
Police [CAP. 138
[ ]
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CHAPTER 138
POLICE
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
PART I
Constitution and Administration
3. Appointments.
4. Establishment of Police Department and functions of police.
5. Employment of police in time of emergency.
6. Declaration on enlistment.
7. Commissioner to make rules.
8. Powers of Commissioner as to suspension.
9. Powers of Commissioner as to discharge.
10. Powers of Commissioner as to punishment.
11. Police officer not to engage in other employment.
12. Regulations.
13. Tenure of office by officers of the Department.
14. Police officer not to resign without permission.
15. Arms, accoutrements, etc., to be delivered up on ceasing to belong
to the Department.
PART II
Powers, Duties and Privileges of Police Officers
16. Members of Department to have all powers of constables.
17. Right of superior officer, etc., of Police Department to prosecute
Police cases.
18. Bail by Police.
19. Power to take photographs, etc.
20. Duties.
21. Notice of action or prosecution.
22. Protection: members of Department acting in pursuance of a
warrant.
23. Power to delegate duty imposed on Commissioner to another
officer.
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PART III
Discipline
24. Offences against discipline.
25. Appeals to Belize Advisory Council.
26. Forfeiture of pay, etc.
27. Interdiction pending inquiry.
28. Procedure in case of grave offence.
29. Dismissal and reduction in rank of police officers convicted.
30. Fines to be recovered by stoppage from pay.
31. Powers of members of Department to terminate on dismissal or
withdrawal.
32. Loss or damage to arms, accoutrements, etc., to be made good by
stoppage of pay.
PART IV
Welfare Fund
33. Police Welfare Fund.
PART V
Police Association
34. Police Association.
35. Canteen.
PART VI
Provisions for Additional Police Officers
36. Commissioner may appoint special constable.
37. Police Reserve.
PART VII
General Offences and Penalties
38. Penalty for assaulting or impeding Police.
39. Unlawful possession of arms, etc., supplied to police officers.
40. Penalty on persons causing disaffection.
PART VIII
Powers to Arrest in Relation to Offences
41. Officer of police may board and inspect shipping.
42. Arrest without warrant.
43. Searching licensed places.
44. Arrest, stopping, searching, etc.
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45. Police officer may stop removal of furniture between 8.00 p.m. and
6:00 a.m.
46. Horses, vehicles, etc., arrested to be cared for.
47. Person arrested without warrant, how to be dealt with.
PART IX
Miscellaneous
48. Free medical treatment.
49. Exhibits in criminal cases.
50. Property to be delivered to the Police.
51. Exhibits to be returned to owners.
52. Unclaimed exhibits dealt with as lost or abandoned property.
53. Power to make regulations.
54. Forfeited vehicles to be placed at the disposal of the Police.
SCHEDULE
CHAPTER 138
POLICE
[31st March, 1951]
1. This Act may be cited as the Police Act.
2. In this Act, unless the context otherwise requires:-
“Commissioner” means Commissioner of Police appointed under section 3;
“Department” means the Police Department established under section 4;
“Minister” means the Minister responsible for the Department;
“non-commissioned officer” means a police officer of the rank of sergeant
or corporal;
“police constable” or “constable” means a police officer under the rank of
corporal and also means detective police constable or detective constable;
“police officer” means a member of the Department;
“prints” shall include finger print, thumb print, palm print and sole print
impressions;
Ch. 59,
R.L., 1958.
CAP. 109,
R.E., 1980-1990.
23 of 1958.
13 of 1963.
40 of 1963.
3 of 1966.
10 of 1971.
14 of 1982.
25 of 1984.
22 of 1987.
26 of 1992.
19 of 1994.
9 of 1995.
42 of 1999.
Short title.
Interpretation.
23 of 1958.
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“superior officer” means any police officer of or above the rank of inspector.
PART I
Constitution and Administration
3.-(1) The Governor-General may appoint a Commissioner of Police who,
subject to the Governor-General’s orders, shall have the command and
superintendency of the Police Department in Belize, and a sufficient number
of superior officers, non-commissioned officers and constables and may,
from time to time, fill up by fresh appointments all vacancies owing to
removal, death, absence, incapability or other cause.
(2) The Governor-General may authorise the Commissioner of
Police at any time to enrol fit men as non-commissioned officers or
constables and to delegate all or any of his executive powers to some other
police officer.
(3) Under subsection (2) every delegation or enrolment so
authorised and made shall be an appointment under this Act.
4. There shall be established a Police Department to be known as the
Belize Police Department, which shall be employed for the prevention and
detection of crime, the apprehension of offenders, the preservation of law
and order, the protection of property and the due enforcement of all laws,
regulations, rules and orders with which it is charged, and, for the
performance of such duties, police officers may carry arms.
5.-(1) Subject to subsection (2), the Governor-General may, in case of war
or other emergency, employ the Department, or any part thereof, to serve
with Her Majesty’s armed forces or otherwise, in the defence of Belize.
(2) Any part of the Department so employed shall remain under
23 of 1958.
10 of 1971.
19 of 1994.
Appointments.
42 of 1999.
Establishment of
Police
Department and
functions of
police.
42 of 1999.
Employment of
police in time of
emergency.
42 of 1999.
42 of 1999.
the command of the Commissioner or such other police officer as the
Commissioner may appoint for the purpose.
(3) When called upon to serve with Her Majesty’s armed forces,
the Department, or such part thereof as may be so employed, shall be
subject to military law.
6.-(1) Every police officer shall, on joining the Department, make the
following declaration, in such manner as he may declare to be most binding
on his conscience:
“I, A.B., do solemnly and sincerely declare that I will be faithful and
bear true allegiance to Her Majesty, Queen Elizabeth the Second,
Her Heirs and Successors, and that I will faithfully serve Her Majesty
the Queen, Her Heirs and Successors, during my service in the
Department and will obey all orders of the Governor-General and of
the officers placed over me, and will subject myself to all Acts,
Orders and Regulations, from time to time in force, relating to the
Department.”
Declared at ....................................................................
Affirmed
this.......................day of .........................................................
20........................
Before me ..............................................................
(Signature of magistrate or superior officer.)
(2) Such declaration shall be made before the magistrate or
superior officer and shall be signed by the police officer.
7. The Commissioner shall, from time to time, subject to the approval
of the Minister, make such rules and regulations as he thinks expedient for
members of the Department, including:-
42 of 1999.
Declaration on
enlistment.
42 of 1999.
42 of 1999.
}
Commissioner to
make rules.
42 of 1999.
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(a) the general government of members of the Department,
their distribution and inspection;
(b) the description of clothing, arms, accoutrements and
other necessaries to be furnished to them;
(c) their attendance in barracks,
(d) the mode in which they are to perform their duties;
(e) the service required of them, and their conduct in the
performance thereof;
(f) their discipline and rank; and
(g) their promotion or reduction from one rank to another.
8.-(1) The Commissioner may at any time suspend from employment any
assistant inspector, sergeant, corporal or constable belonging to the
Department whom he may think remiss or negligent in the discharge of his
duty or otherwise unfit for the same.
(2) The Commissioner shall thereupon notify the fact, with the
cause of such suspension to the Public Services Commission and the Minister
for information, and, when any man shall be so suspended, all powers vested
in him as constable shall immediately cease and shall remain in abeyance
during the period of such suspension.
9. A constable may, be discharged at any time, if, in the opinion of the
Commissioner, he is unlikely to become or has ceased to be an efficient
constable.
Powers of
Commissioner as
to suspension.
42 of 1999.
Powers of
Commissioner as
to discharge.
10. Every superior officer of the Department shall be ex officio a justice
of the peace for Belize, and the Commissioner, or the superior officer
delegated by him for the purposes, shall, subject as expressed in this
section, have and possess power and jurisdiction to hear and determine all
charges against any non-commissioned officer, or constable of the
Department for the offences set forth in section 24.
(2) The Commissioner or the superior officer delegated by him
for the purpose shall have the power to punish all offenders as provided in
section 24, and shall have all the powers of bringing such offenders before
them, and of summoning and enforcing the attendance of witnesses and of
examining them upon oath or affirmation in respect of offences which they
are authorised to investigate under this Act or under any rule made or
continued in force thereunder respectively, as are possessed by the
magistrates of Belize.
(3) Any person wilfully and corruptly giving false evidence before
the Commissioner or any such superior officer shall be deemed guilty of
perjury.
11. No police officer shall, without the consent of the Commissioner,
engage in any other employment or office.
12.-(1) The Governor-General may make regulations relating to-
(a) the numerical establishment of the Department, the
conditions of enlistment and service and the various
grades, ranks and appointments therein; and
(b) the pay and allowances of members of the Department.
(2) All such regulations shall be laid on the table of both Houses
of the National Assembly for negative resolution.
Powers of
Commissioner as
to punishment.
42 of 1999.
42 of 1999.
Police officer not
to engage in other
employment.
Regulations.
42 of 1999.
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13. The Commissioner and superior officers shall be appointed, and may
be suspended or dismissed, in accordance with the regulations for the time
being in force with regard to other public officers in Belize.
14. No non-commissioned officer or constable may resign from the
Department unless expressly authorised in writing to do so by the
Commissioner.
15.-(1) When a member of the Department ceases to belong to the
Department he shall before leaving deliver up to the person appointed by the
Commissioner for that purpose or to the officer in charge of police at the
place at which he was last stationed all arms, ammunition, accoutrements,
uniform and other appointments which have been supplied to him and which
are the property of the government.
(2) Any member of the Department failing to deliver up any such
property as required by this section shall be liable on summary conviction to
a fine not exceeding two hundred and fifty dollars or to imprisonment for any
period not exceeding six months, and in addition may be liable to pay the
value of the property not delivered up which value shall be ascertained by a
magistrate and shall be recoverable as a fine.
(3) The court may issue a warrant to search for and seize all such
property which have not been so delivered up.
PART II
Powers, Duties and Privileges of Police Officers
16. After making and signing the declaration as set out in section 6 every
police officer shall so long as he continues as a member of the Department
have all the powers, authorities, privileges, protection and advantages and be
liable to all such duties and responsibilities as any officer or constable duly
appointed now has or is subject or liable to or may hereafter have or be
Tenure of office
by officers of the
Department.
Police officer not
to resign without
permission.
42 of 1999.
Arms,
accoutrements,
etc., to be
delivered up on
ceasing to
belong to the
Department.
42 of 1999.
42 of 1999.
Members of
Department to
have powers of
constables.
42 of 1999.
subject to or liable to either by the common law of England or by virtue of
any law which now is or may hereafter be in force in Belize.
17. Where any information has been laid, or complaint or arrest made,
by any police officer, it shall be lawful for the Commissioner or any superior
officer, sergeant or corporal of the Department, if of opinion that such
information was laid, or that such complaint or arrest was made, by such
police officer in the performance of his duty as a police officer, to appear on
behalf of such police officer before any magistrate at any proceedings
consequent upon such information, complaint or arrest, and, on behalf of
such police officer, to conduct the information, complaint or charge, and
examine and cross-examine witnesses in the same manner as if such
information had been laid, or such complaint or arrest had been made, by
such Commissioner, superior officer, sergeant or corporal.
18.-(1) It shall be lawful for any superior officer or any non-commissioned
officer or constable in charge of a Police Station, when any person is in
custody without warrant for any offence punishable upon summary
conviction, to take bail for the appearance of such person before the nearest
court of summary jurisdiction at a day, time and place to be named in the
recognisance.
(2) If any such officer, non-commissioned officer or constable
declines or refuses to take bail for any such person as aforesaid and such
person so requires it shall be the duty of such officer, non-commissioned
officer or constable forthwith to take or cause to be taken such person
before the magistrate conveniently near for the purpose of having such
person dealt with according to law.
19.-(1) It shall be lawful for the competent police authority to take or cause
to be taken and to record for the purposes of identification the
measurements, weight, photographs, and prints of all persons who may from
time to time be in lawful custody.
Right of superior
officer, etc., of
Police Department
to prosecute
Police cases.
42 of 1999.
Bail by Police.
Power to take
photographs, etc.
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(2) If such measurements, weight, photographs and prints are
taken of a person who has not previously been convicted of any criminal
offence and such person is discharged or acquitted by a court, all records
relating to such measurements, weight, photographs (both negatives and
copies) and prints shall be immediately destroyed or handed over to such
person.
(3) Every competent police authority may take such action as the
proper and efficient execution of the provisions of this section may
reasonably require.
(4) For the purposes of this section the competent police authority
shall be any non-commissioned officer of the Department authorised by the
Commissioner or any commissioned officer of such Department.
20.-(1) The duties of the Department shall be-
(a) to preserve the peace, detect crimes, apprehend and
summon before a magistrate persons found committing,
or whom they may reasonably suspect of having
committed any offence, or who are charged with having
committed any offence, to execute all summonses,
warrants, subpoenas, notices and criminal processes
issued from any court of criminal jurisdiction, or by any
magistrate in a criminal matter or by a coroner and to do
and perform all duties appertaining to the office of
constable or imposed upon constables by the law of
Belize;
(b) to perform such duties in connection with the repression
of crime, guarding of prisoners, prevention of offences
against the revenue, the preservation of order at the
sittings of any court, and the execution of any process
thereof, as may be required of them by any law, or
42 of 1999.
Duties.
42 of 1999.
under any regulations made under this Act, or as may
be specially ordered by the Minister or the Governor-
General;
(c) to repress internal disturbances and defend Belize
against external aggression.
(2) Every police officer shall be deemed to be on duty at all times
and may at any time be detailed for duty in any part of Belize.
21.-(1) No action shall be commenced or prosecution instituted against any
police officer in respect of anything done or purporting to have been done
by him under the provisions of this Act, unless notice in writing of such
action or prosecution, and particulars thereof, has been given to such police
officer, and to the officer in charge of the Department in the place where the
act complained of was committed and to the Attorney General, at least one
month before the commencement of such action or the institution of such
prosecution;
(2) Subsection(1) above shall not apply to any prosecution
instituted against any member of the Police Department by or on behalf of
the Director of Public Prosecutions or the Commissioner of Police.
22. When any action is brought against any police officer, for any act
done in obedience to the warrant of any magistrate, he shall not be
responsible for any irregularity in its issue or form, or for any want of
jurisdiction of the magistrate issuing the same, but may plead the general
issue, and give the warrant in evidence at the trial, and on proving that the
signature is in the handwriting of the person whose name appears
subscribed thereto, and that he was reputed to be and acted as magistrate,
there shall be a verdict for the defendant.
Notice of action
or prosecution.
42 of 1999.
Protection:
members of
Department acting
in pursuance of a
warrant.
26 of 1992.
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23. Where any duty is imposed by any Act on the Commissioner, chief
officer or head officer of Police, such duty shall be performed by the chief
officer of Police at present in Belize unless the Minister orders that such duty
be performed by some other officer.
PART III
Discipline
24.-(1) Every assistant inspector of police and non-commissioned officer or
constable of the Department who-
(a) begins, excites, causes or joins in any mutiny or sedition
amongst any members of the Department, or who
conspires with any other person to cause any such
mutiny or sedition, or who does not use his utmost
endeavours to suppress any such mutiny or sedition, or
being cognisant of any such mutiny or sedition, does not,
without delay, give information thereof to his superior
officer;
(b) persuades or endeavours to persuade, procures or
attempts to procure, or assists any police officer to
desert, or being cognisant of any such desertion or
intended desertion does not, without delay, give
information thereof to his superior police officer;
(c) uses traitorous or disloyal words regarding Her Majesty;
(d) is disrespectful in word or act, to any magistrate or his
superior officer;
(e) wilfully disobeys or refuses, fails or neglects to obey any
lawful command;
Power to
delegate duty
imposed on
Commissioner to
another officer.
Offences against
discipline.
(f) is found sleeping on duty, or leaves his post or beat
before he is regularly relieved without lawful excuse;
(g) drinks intoxicating liquor when on duty for which he has
been specially detailed;
(h) is found to be intoxicated on or when called for duty, or
is found frequenting liquor shops when on duty except
in the discharge of such duty;
(i) strikes or assaults any other member of the
Department;
(j) permits a prisoner to escape or fails to take prompt
steps for the arrest of an offender;
(k) parades for duty dirty or untidy in his person, arms,
clothing or equipment;
(l) absents himself without leave;
(m) wilfully makes any false statements, entries or returns
pertaining to the activities of the Department;
(n) without proper authority, discloses or conveys any
information concerning any investigation or other police
or departmental matter;
(o) is slovenly, inattentive or uncivil when on duty;
(p) accepts or solicits a bribe or gratuity;
(q) malingers or feigns or wilfully causes any disease or
42 of 1999.
42 of 1999.
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infirmity;
(r) without reasonable cause fails to appear at any parade
appointed by his superior officer, at which he is required
to attend;
(s) is neglectful in carrying out an enquiry, investigation or
duty;
(t) engages without authority in any other employment or
office;
(u) offers or uses unwarrantable personal violence to or ill-
treats any person in his custody;
(v) enters or remains in a public or private house without
reasonable cause whilst on duty;
(w) makes a false accusation against any member of the
public or of the Department knowing such accusation to
be false;
(x) incurs a debt and fails to pay within a period of one
month thereof unless otherwise required or permitted by
the creditor;
(y) suffers serious pecuniary embarrassment;
(z) makes any false statement upon joining the Department;
(aa) is guilty of cowardice;
(bb) carries, keeps, uses, or discharges any firearm,
ammunition or other weapon without the authority of
42 of 1999.
9 of 1995.
42 of 1999.
the Commissioner or without just cause, or is negligent
in the use of firearms or other weapons;
(cc) pawns, sells, loses by neglect, makes away with,
wilfully or by neglect damages, or fails to report any
damage to any arm, ammunition, accoutrement,
uniform or other article supplied to him, or any
property committed to his charge;
(dd) becomes surety for any person or engages in any loan
transaction with any police officer without the
permission in writing of the Commissioner;
(ee) being under arrest or in confinement leaves or escapes
from his arrest or confinement before he is set at liberty
by proper authority;
(ff) if called upon by the Commissioner to furnish a full and
true statement of his financial position, fails to do so;
(gg) is guilty of any act, conduct, disorder or neglect which
is declared by regulations made under this Act to be an
offence against duty or discipline; or
(hh) is guilty of any act, conduct, disorder or neglect to the
prejudice of good order and discipline, not specified in
this subsection,
shall be deemed to have committed an offence against discipline and may on
conviction thereof by the Commissioner, or, in his absence, by an officer of
the Department deputed by him, be punished for such offence.
(2) The assistant inspector, non-commissioned officer or
constable so convicted may be punished by any one or any combination of
9 of 1995.
42 of 1999.
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not more than two of the following punishments, namely-
(a) caution, reprimand or severe reprimand;
(b) fine not exceeding two hundred dollars;
(c) reduction of rank or grade;
(d) extra duties for a period not exceeding twenty-eight
days;
(e) confinement to barracks for a period not exceeding
twenty-eight days, such confinement to involve the
performance of ordinary duties as well as fatigue duties;
(f) stoppage of increments;
(g) subject to section 26, forfeiture of pay for a period not
exceeding one month;
(h) surcharge for damage to property or award of
compensation in favour of the injured party;
(i) dismissal.
(3) Every delegation under this section shall be in writing under the
hand of the Commissioner and shall be revocable, and may be either general
or special, as the Commissioner thinks fit.
(4) No such delegation shall be made to any member of the
Department below the grade of a superior officer.
(5) All sentences inflicted by any officer delegated by the
Commissioner, shall be submitted to, and be subject to the approval of, the
9 of 1995.
42 of 1999.
Commissioner, who may, subject to subsection (6) below, confirm or remit
the whole or any part thereof, or may enhance it, or may substitute any
other sentence which is authorised to be inflicted by this section.
(6) It shall be the duty of the officer submitting such sentence to
the Commissioner to attach to his report of the case the evidence, which
shall be taken on oath, and also any statement which the accused may
desire to make in his defence but in every case where the sentence awarded
by the officer is a sentence of dismissal or reduction in rank or grade, the
Commissioner shall, before confirming such sentence, seek the advice of
the Solicitor General.
(7) The requirement of seeking the advice of the Solicitor
General specified in subsection (6) above shall also apply where the
Commissioner himself is conducting the disciplinary proceedings and intends
to award a sentence of dismissal or reduction in rank or grade.
(8) The Commissioner or the officer deputed by him shall, while
conducting disciplinary proceedings under this section, follow any
regulations made by the Minister in that behalf under section 53 and, in the
absence of such regulations, comply with the rules of natural justice.
25.-(1) Where the sentence as awarded, confirmed, reduced or altered
under the provisions of section 24 is a sentence of dismissal or reduction in
rank or grade, the officer in respect of whom the decision is made may,
within twenty-one days of the communication of the decision to him, appeal
to the Belize Advisory Council against such decision.
(2) Where an appeal is filed with the Belize Advisory Council
pursuant to subsection (1) above, the Secretary of the Council shall
immediately inform the Commissioner of such appeal.
(3) Upon an appeal under this section the Belize Advisory
Council may affirm or set aside the decision appealed against or may make
Appeals to Belize
Advisory Council.
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any other decision which the Commissioner could have made.
26. Any assistant inspector of police or non-commissioned officer or
constable who has been sentenced to imprisonment, or who is absent without
leave shall forfeit all right to pay during the period of imprisonment or
absence, and all fines or penalties imposed upon any such assistant inspector
of police or non-commissioned officer or constable for any offences under
this Act or for the breach of any rules made thereunder, may be enforced by
deducting the amount from any pay due or which may become due to the
assistant inspector of police or non-commissioned officer or constable so
fined.
27.-(1) The Commissioner may interdict from duty any assistant inspector of
police or non-commissioned officer or constable, pending any inquiry into the
conduct of any such assistant inspector of police or non-commissioned
officer or constable, under the provisions of the Colonial Regulations, of this
Act or any rules made thereunder, but such assistant inspector of police or
non-commissioned officer or constable shall not, by reason of such
interdiction, cease to be a member of the Department:
Provided that the powers, privileges and benefits vested in him as a
police officer or constable shall, during his interdiction, be in abeyance, but
he shall continue to be subject to the same responsibilities, discipline and
penalties, and to the same authority as if he had not been interdicted.
(2) Immediately after such interdiction the Commissioner shall
notify the fact, with the cause of such interdiction, to the Minister for
information.
(3) An assistant inspector of police or a non-commissioned officer
or constable who is interdicted from duty shall be allowed to receive such
proportion of his pay not being less than half as the Commissioner thinks fit.
(4) On the termination of any period of interdiction from duty of
Forfeiture of pay,
etc.
Interdiction
pending inquiry.
19 of 1994.
19 of 1994.
42 of 1999.
19 of 1994.
19 of 1994.
an assistant inspector of police or a non-commissioned officer or constable
the Commissioner may if he thinks fit direct the whole or any part of the pay
stopped under this section to be paid to such assistant inspector of police or
non-commissioned officer or constable.
(5) If the assistant inspector of police or non-commissioned
officer or constable has been acquitted of the charges laid against him all
arrears of pay and allowances withheld during such interdiction shall be paid
to him.
28.-(1) In every case where it appears to the Commissioner that the offence
the accused has committed cannot be adequately punished with any of the
punishments provided in section 24 he may order that the accused be taken
before a magistrate to be dealt with as provided in subsection (3).
(2) Where money is seized and forfeited as a result of police
investigation, the Minister may by Order transfer an amount not exceeding
one-third of such money to the credit of the Police Welfare Fund.
(3) Where an accused person is taken before a magistrate under
this section he shall be liable on summary conviction of any offence
mentioned in section 24 to a fine not exceeding three months pay or to
imprisonment for a term not exceeding six months, or to both such fine and
term of imprisonment.
(4) No proceedings shall be taken against any police officer
under this section in respect of any offence for which he has already been
punished under any of the preceding sections.
29. The Commissioner may reduce in rank or dismiss from the
Department any assistant inspector of police or non-commissioned officer
or constable after conviction by any court in respect of any offence whether
under this Act or otherwise, unless such member of the Department has
successfully appealed from such conviction.
19 of 1994.
19 of 1994.
Procedure in case
of grave offence.
9 of 1995.
Dismissal and
reduction in rank
of police officers
convicted.
42 of 1999.
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30.-(1) Subject to subsection (2), all fines imposed on a member of the
Department for an offence under this Act or any rule or regulation made
thereunder shall be recovered by stoppage from the offender’s pay due, or to
become due, to such offender.
(2) In the case of an offender who has been dismissed from the
Department, the amount of such stoppage from any one pay shall not exceed
one-half of such pay of the offender.
31. If any person appointed to the Department is dismissed or ceases to
belong thereto, all powers and authorities vested in him shall immediately
cease and determine.
32. If any assistant inspector of police or non-commissioned officer or
constable pawns, sells, loses by neglect, makes away with or wilfully or
negligently damages any arm, ammunition, accoutrement, uniform or other
article supplied to him or any property committed to his charge, he may, in
addition to or in lieu of any other punishment, be ordered to make good the
amount of such loss or damage, and such amount may be recovered by
deduction from his pay.
PART IV
Welfare Fund
33.-(1) All fines imposed on a member of the Department under the provi-
sions of the Police Ordinance, 1938, or this Act or any rules or regulations
made thereunder for any offence against discipline shall be paid into the
Treasury to be placed to the credit of a fund to be called the “Police Welfare
Fund”.
Fines to be
recovered by
stoppage from
pay.
42 of 1999.
Powers of
members of
Department to
terminate on
dismissal or
withdrawal.
42 of 1999.
Loss or damage
to arms,
accoutrements,
etc., to be made
good by
stoppage of pay.
Police Welfare
Fund.
42 of 1999.
(2) No payment shall be made from the Police Welfare Fund
except upon the authority of the Commissioner.
(3) The Commissioner may in his discretion, sanction payments
from the Police Welfare Fund for any of the following purposes-
(a) assistance to the wives or families of deceased
members of the Department of or below the rank of
assistant inspector or to any such members discharged
from the Department as medically unfit for further
service;
(b) assistance to serving members of the Department of or
below the rank of assistant inspector to enable them to
obtain medical attention outside of Belize when such
attention cannot be obtained in Belize;
(c) contributions towards prizes to be given at athletic
meetings, assault at arms and similar events organised
by or for the benefit of the Department;
(d) purchase of ammunition for the encouragement of range
practice among members of the Department;
(e) payments to members of the Department as rewards
for meritorious acts or service in the execution of duty,
if such payments are not met from Government Funds;
(f) expenditure for the benefit and advancement of
authorised recreation and sport and other branches of
police activity organised within the Department;
(g) any other purpose not specified in this section which
9 of 1995.
42 of 1999.
42 of 1999.
42 of 1999.
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the Commissioner considers to be for the general
welfare of the Department.
(4) The payments from the Fund in any one year shall not exceed
the sum of four thousand dollars without the prior approval of the
Minister.
(5) The money standing to the credit of the Fund may from time to
time be invested in the names of such persons and in such manner as may
from time to time be directed by the Minister and the money and the interest
and money and dividends thereof, if any, may be applied from time to time by
order of the Commissioner to the purposes to which the Fund is
appropriated by this section.
PART V
Police Association
34.-(1) For the purpose of enabling the members of the Department to
consider and bring to the notice of the Commissioner and the Government all
the matters affecting their welfare and efficiency, other than questions of
discipline and promotion affecting individuals, there may be established, in
accordance with such rules as the Commissioner may, with the approval of
the Public Services Commission, make, an organisation to be called the
Police Association, which shall be conducted as provided in those rules.
(2) The Police Association shall be entirely independent of and
unassociated with any body or person outside the police service.
(3) Subject to subsections (1) and (2), it shall not be lawful for a
member of the Department to become a member of any trade union, or any
association having for its objects, or one of its objects, to control or influence
the pay, pensions, or conditions of service of the Police Department, and any
member of the Department who contravenes this provision shall be
Police
Association.
disqualified from continuing to be a member of the Department, and, if any
member of the Department continues to act as such after becoming so
disqualified, he shall forfeit all pension rights and be disqualified from being
thereafter employed in the Department, but where a man was a member of
a trade union before becoming a constable, he may, with the consent of the
Commissioner, continue to be a member of that union during the time of his
service in the Department.
(4) If any question arises whether any body is a trade union or an
association to which subsection (3) applies, it shall be determined by a
magistrate.
35.-(1) It shall be lawful to establish in Belize City and in each district a
Police Canteen.
(2) The Commissioner of Police may with the approval of the
Minister make rules in regard to the hours during which such canteen shall
be kept open on each day and for the proper management and control of
the canteen.
PART VI
Provisions for Additional Police Officers
36.-(1) The Commissioner may appoint in writing under his hand any one or
more special constable or constables who shall on appointment take the
oaths as set forth in the Schedule to this Act.
(2) Notice of such appointment and of the cause thereof shall
without delay be transmitted by the Commissioner to the Permanent
Secretary for the information of the Public Services Commission, Minister
and Governor-General who may revoke the same.
(3) Every special constable shall have all the powers of a
Canteen.
Commissioner
may appoint
special constable.
13 of 1963.
Schedule.
42 of 1999.
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member of the Department as by law now or hereafter to be established and
shall be subject to the orders of the Commissioner.
37.-(1) The Commissioner may, with the authority of the Governor-General,
establish a Reserve Police Department which shall be known as the Police
Reserve.
(2) Every member of the Police Reserve shall be deemed to be a
police officer during the period when he is called out for service.
(3) The Governor-General may make regulations relating to the
formation and conditions of service of such Police Reserve.
PART VII
General Offences and Penalties
38.-(1) Any person who-
(a) assaults, resists or obstructs; or
(b) uses any abusive or insulting language to; or
(c) aids or incites any person to assault, resist or obstuct,
any member of the Department or a special constable appointed under
section 36 in the execution of his duty or any person acting in aid of any such
member of the Department, shall be liable on summary conviction to a fine
not exceeding one thousand dollars or to imprisonment for a term not
exceeding twelve months, or in the discretion of the magistrate he may be
committed for trial to the Supreme Court.
(2) In the case of assault, the offender shall be liable to payment of
any sum awarded to the member of the Department assaulted, by way of
Police Reserve.
Penalty for
assaulting or
impeding Police.
42 of 1999.
9 of 1995.
42 of 1999.
42 of 1999.
compensation for injuries to his person, clothing, necessaries or equipment.
39. Any person-
(a) who, not being a member of the Department, has in his
possession any arms, ammunition, clothing,
accoutrements or other appointments furnished for the
use of members of the Department, and cannot
satisfactorily account for his possession thereof;
(b) who knowingly purchases or obtains, or solicits or
entices any member of the Department to sell or
dispose of, any arms, ammunition, clothing or other
articles of public property or any article provided for
the vehicles of the Department,
shall on conviction before a magistrate be liable to a fine not exceeding one
thousand dollars or to imprisonment for a term not exceeding twelve
months.
40. Any person who-
(a) causes or attempts to cause, or does any act calculated
to cause, disaffection among the members of the
Department; or
(b) induces or attempts to induce, or does any act
calculated to induce any member of the Department to
withhold his services or to commit breaches of
discipline,
shall be guilty of a misdemeanour, and shall be liable on conviction on
indictment to imprisonment for a term not exceeding two years, or on
summary conviction, to imprisonment for a term not exceeding six months,
Unlawful
possession of
arms, etc.,
supplied to police
officers.
42 of 1999.
Penalty on
persons causing
disaffection.
42 of 1999.
42 of 1999.
42 of 1999.
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or to a fine not exceeding five hundred dollars, or to both such fine and term
of imprisonment.
PART VIII
Powers to Arrest in Relation to Offences
41. Every officer of police shall have power, by virtue of his office, at all
times to enter with such constables as he thinks necessary, as well by night as
by day, into and upon every vessel (not being then actually employed in Her
Majesty’s service) lying in any port, harbour, bay or creek of Belize, and into
every part of every such vessel, for the purpose of-
(a) inspecting, and upon occasions directing the conduct of
any constable who may be stationed on board of, any
such vessel;
(b) inspecting and observing the conduct of all other persons
employed on board of any such vessel in or about the
loading or unloading thereof as the case may be;
(c) taking all such measures as may be necessary, for
providing against fire or other accidents;
(d) preserving peace and good order on board of any such
vessel; and
(e) effectually preventing and detecting any fclony or
misdemeanour.
42.-(1) It shall be lawful for any police officer, and for all persons whom he
may call to his assistance, to apprehend without warrant in the following
cases-
Officer of police
may board and
inspect shipping.
Arrest withou
warrant.
(a) any person found drunk or who is disorderly in any
street or public place at any hour of the day or night;
(b) any idle and disorderly person whom he finds between
sunset and six in the morning lying or loitering in any
street or other public place, and not giving a
satisfactory account of himself, or whom he has good
cause to suspect of having committed, or being about
to commit any felony, misdemeanour or breach of the
peace;
(c) any person whose name and residence are unknown to
and cannot be ascertained by, such officer, within
whose view such person commits any summary
jurisdiction offence;
(d) any person accused by any other person with
committing any aggravated assault, in any case in which
such police officer has good reason to believe such
assault has been committed, although not within his
view, and that by reason of the recent commission of
the offence a warrant could not have been obtained for
the apprehension of the person accused;
(e) every person who commits any of the offences
mentioned in section 3 (1) and paragraphs (iv), (ix),
(x), (xi), (xii), (xv), (xvi), (xviii), (xix), xxviii) and
(xxx) to (xxxii) inclusive of section 4 (1) of the
Summary Jurisdiction (Offences) Act.
(2) The power of arrest without warrant conferred upon a police
officer under paragraph (e) shall unless the contrary is expressly provided
by any statute be exercised only where the offence is committed within view
of the officer.
CAP. 98.
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(3) Any person within whose view any of the offences mentioned
in paragraph (e) of subsection (1) is committed may apprehend the other
person who commits the same, and forthwith take and convey him before a
magistrate for the purpose of having him dealt with according to law or he
may deliver that person over to any police officer or other peace officer to be
taken and conveyed before a magistrate for the like purpose.
(4) Every police officer or other peace officer who refuses or
wilfully neglects to take any such person in his custody or to take and convey
him before a magistrate shall be guilty of an offence and on summary
conviction thereof be liable to a fine not exceeding two hundred and fifty
dollars.
43. It shall be lawful for any police officer, and for all persons whom he
may call to his assistance, to enter into any house licensed for the sale by
retail of fermented or,spirituous liquors, and to search therein for offenders
and otherwise perform their duty, using as little annoyance to the inmates
thereof as possible.
44.-(1) Every person found committing any offence punishable either upon
indictment in the Supreme Court, or as a petty misdemeanour upon summary
conviction-
(a) may be taken into custody without a warrant by any
police officer and by any persons whom he may call to
his assistance; or
(b) may be apprehended by the owner of the property on or
with respect to which the offence is committed, or by his
servant or any person authorised by him, and may be
detained until he can be delivered into the custody of a
police officer to be dealt with according to law.
Searching
licensed places.
Arrest, stopping,
searching, etc.
(2) Any police officer may also stop, search and detain-
(a) any conveyance in or upon which there is reason to
suspect that anything stolen or unlawfully obtained may
be found, and
(b) any person who may be reasonably suspected of having
or conveying in any manner anything stolen or
unlawfully obtained.
(3) Any person to whom any property is offered to be sold,
pawned or delivered, if he has reasonable cause to suspect that any such
offence has been committed with respect to such property, or that the
property or any part of it has been stolen or otherwise unlawfully obtained,
is hereby authorised, and if in his power is required, to apprehend and
detain, and, as soon as may be, to deliver such offender into the custody of
a police officer together with such property, to be dealt with according to
law.
45. It shall be lawful for any police officer to stop and detain, until due
inquiry can be made, any person whom, and any vehicle which, he finds
employed in removing the furniture of any house or lodging between the
hours of eight in the evening and six in the following morning or whenever
the police officer has good ground to believe that such removal is being
made for the purpose of evading the payment of rent.
46.-(1) Whenever any person having charge of a horse or any other animal,
vehicle, boat or thing is taken into the custody of a police officer under the
provisions of any Act, any police officer may take charge of the horse or
other animal, boat or thing and deposit it in some safe place of custody as a
security for payment of any penalty to which the person having charge
thereof may become liable, and for payment of any expenses which may
have been necessarily incurred for taking charge of and keeping such things.
Police officer may
stop removal of
furniture between
8:00 pm and 6:00
am.
Horses, vehicles,
etc., arrested to be
cared of.
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(2) Any magistrate before whom the case is heard may, upon
conviction of such person, order such horse or other animal, vehicle, boat or
thing to be sold for the purpose of satisfying such penalty and reasonable
expenses in default of payment thereof, in like manner as if they had been
subject to be distrained and had been distrained for the payment of such
penalty and reasonable expenses.
47. Every person taken into custody by a police officer without warrant
shall be forthwith delivered to the officer in charge of the nearest police
station, in order that such person may be secured until he can be brought
before a magistrate to be dealt with according to law, or may give bail for his
appearance before a magistrate, if the officer in charge deems it prudent to
take bail.
PART IX
Miscellaneous
48. Non-commissioned officers and constables shall be entitled to free
medical treatment (including dental treatment) at Government Hospitals and,
if admitted to hospital, shall not be charged for maintenance.
49. It shall be the duty of the Police to take charge of all property which
has been made an exhibit in any criminal case.
50. At the conclusion of the hearing of the case or matter with regard to
which property has been made an exhibit, the Registrar, or, in cases in the
summary jurisdiction courts, the clerk of court, may deliver such exhibits to
an officer or non-commissioned officer who is in attendance at the court and
thereafter the property shall be deemed to be in the custody of the Police.
51. The police officer in charge of any such property shall on demand,
unless otherwise ordered by a judge or magistrate, deliver all exhibits to the
owners thereof upon the latter giving a receipt therefor and such receipt shall
Person arrested
without warrant,
how to be dealt
with.
Free medical
treatment.
Exhibit in
criminal cases.
Property to be
delivered to the
Police.
Exhibits to be
returned to
owners.
be kept for twelve months and may then be destroyed.
52.-(1) Should any such exhibits not be claimed within two weeks of the
hearing, it shall be the duty of the Police to deal with them in all respects, as
if they were lost and abandoned property found under the provisions of the
Lost and Abandoned Property Act.
(2) The owner thereof shall be in all respects in the same position
as, and shall have in relation thereto only the rights of, an owner of lost and
abandoned property under the provisions of the Lost and Abandoned
Property Act.
53.-(1) The Minister may make regulations for the better carrying out of the
intents and purposes of this Act.
(2) Without prejudice to the generality of the provisions of
subsection (1), the Minister may make regulations in respect of the following
matters-
(a) fixing the fees to be charged by the Police for reports
or copies of statements or other documents supplied by
them to members of the public;
(b) the award of certificates, medals, honours and other
recognigtions to deserving members of the Department
or other persons acting in aid of the Department;
(c) the procedure to be followed for conducting
disciplinary proceedings against members of the
Department.
Unclaimed
exhibits dealt with
as lost or
abandoned
property.
CAP. 335.
CAP. 335.
Power to make
regulations.
13 of 1963.
25 of 1984.
9 of 1995.
42 of 1999.
42 of 1999.
42 of 1999.
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54. Where a vehicle is seized and forfeited as a result of police
investigation, it shall be placed at the disposal of the Commissioner for police
work unless otherwise directed by the Minister.
Forfeited
vehicles to be
placed at the
disposal of the
Police.
9 of 1995.
SCHEDULE
[Section 36]
Oath of allegiance
“I do
swear that I will be faithful and bear true allegiance to Her Majesty Queen
Elizabeth II, Her heirs and successors, according to law.
So Help me God.”
Oath of office
“I do
swear that I will well and truly serve Her Majesty Queen Elizabeth II in the
office of
So Help me God.”
Sworn before me this day of
20
Justice of the Peace.
