BELIZE: CRIME CONTROL AND CRIMINAL JUSTICE … · 42 Crime Control and Criminal Justice (Amendment)...

BELIZE:

CRIME CONTROL AND CRIMINAL JUSTICE(AMENDMENT) ACT, 2018

ARRANGEMENT OF SECTIONS

1. Short title.

2. Repeal and replacement of Part I.

3. Insertion of Schedule.

4. Review of operation of new Parts 1A 1B and 1C of principal Act.

No. 6] Crime Control and Criminal Justice (Amendment) Act 2018 35

AN ACT to amend the Crime Control and CriminalJustice Act, Chapter 102 of the Substantive Lawsof Belize, Revised Edition 2011, to make provisionfor better maintenance of public safety and orderthrough discouraging membership of criminal gangsand the disruption and suppression of criminal gangactivity, and to provide for matters connectedtherewith or incidental thereto.

(Gazetted 12th April, 2018)

BE IT ENACTED, by and with the advice and consentof the House of Representatives and Senate of Belizeand by the authority of the same, as follows:

1. This Act may be cited as the

CRIME CONTROL AND CRIMINAL JUSTICE(AMENDMENT) ACT, 2018

Short title.

No. 6 of 2018

I assent,

(CARLOS PERDOMO)Acting Governor-General

11th April, 2018.

and shall be read and construed as one with the CrimeControl and Criminal Justice Act, which, as amended, ishereinafter referred to as the principal Act.

2. The principal Act is amended by repealing Part Iand replacing it with the following as Parts I, IA, IB,IC and 1D-

“PART I

Preliminary

1. This Act may be cited as the Crime Control andCriminal Justice Act.

PART IA

Suppression of Criminal Gangs

2. In this Part and Part 1B, unless the context otherwiserequires-

“adult” means a person of the age of eighteen years orabove;

“ammunition” has the meaning assigned to it in the FirearmsAct;

“benefit” includes any money or other property, service oradvantage;

“bullet-proof vest” means a vest or article of covering thatis capable of providing or intended to provide protectionfrom the penetration of bullets or similar projectiles;

“child” means a person under the age of eighteen years;

“Court” means a Magistrate’s Court or the Supreme Court;

Repeal andreplacementof Part I.

Short title.

Interpretation.

36 Crime Control and Criminal Justice (Amendment) Act 2018 [No. 6

“criminal activity” means the planned, on-going, continuousor repeated participation or involvement in any seriousoffence;

“document” means, in addition to a document in writing,anything in which information of any description is recorded;

“firearm” has the meaning assigned to it in the FirearmsAct;

“gang” means an organization, association, combination orother arrangement consisting of three or more personswhether formally or informally organized, thatcommits, orhas as one of its objects or purposes the commission orfacilitating the commission of, a serious offence;

“gang leader” means a person who knowingly initiates,organizes, plans, finances, directs, manages or supervisesa gang-related activity;

“gang member” means a person (including a gang leader)who belongs to a gang, or a person who knowingly acts inthe capacity of an agent for or an accessory to, orvoluntarily associates himself with any gang-related activity,whether in a preparatory, executory or concealment phaseof any such activity, or a person who knowingly performs,aids, or abets any such activity;

“gang-related activity” means any criminal activity or anyenterprise, pursuit or undertaking in relation to a seriousoffence, acquiesced in, or consented or agreed to, ordirected, ordered, authorized, requested or ratified by anygang member;

“harbour” means giving refuge or shelter to another personand encouraging or supporting, whether tacitly or explicitly,that person in committing any gang-related activity;

“law enforcement authority” includes—


(a) the Belize Police Department established underthe Police Act;

(b) the Customs and Excise Department establishedunder the Customs Act;

(c) the Income Tax Department established underthe Income Tax Act;

(d) the Belize Defence Force established under theDefence Act;

(e) the Belize National Coast Guard establishedunder the Belize Coast Guard Act and;

(f) any other agency of the State in whichinvestigative powers, similar to thoseexercisable by a police officer appointed underthe Police Act, are lawfully vested; and

(g) any category of persons so prescribed by theMinister by order published in the Gazette;

“Minister” means the Minister responsible for the BelizePolice Department;

“premises”, in relation to a school, includes—

(a) any building, playing field or other premisesestablished or maintained for the benefit of thestudents of a school whether or not the building,playing field or other premises are within thegrounds of the school; and

(b) any premises for the time being used for thekeeping of a school;

“recruit” includes to counsel, procure, lure, solicit, incite,induce or coerce;


“school” meansan institution recognized by the Ministryresponsible for education as providing schooling or educationand training primarily for children; including an institutionthat provides pre-school, primary, secondary education,within the meaning of the Education Act;

“serious offence” means an offence specified in the Schedule.

3.- (1) A person who -

(a) is a gang member; or

(b) in order to gain an unlawful benefit, professesto be a gang member when in fact he is not,whether by telling anyone that he is a gangmember or otherwise suggests to anyone thathe is a gang member,

commits an offence by virtue of being such amember or as the case may be, making such aprofession, and is liable on summary conviction toimprisonment for a term not exceeding ten years andon any subsequent conviction on indictment toimprisonment for a term not exceeding twenty-fiveyears.

(2) A person who is a gang leader commits anoffence by virtue of being such a member and is liableon summary conviction to imprisonment for a term notexceeding twenty-five years and on any subsequent chargetherefor toconviction on indictment and to imprisonmentfor a term not exceeding forty years.

(3) In determining whether a person has committedan offence under subsection (1) or (2) the Court may takeinto account all factors that appear to it to be relevant asreasonably showing or demonstrating the existence of, ormembership in, a gang, including-

Schedule.

GangMembership.


(a) whether the person has admitted that he is agang leader or gang member;

(b) evidence of the possession by that person ofarticles or documents of a kind that would giverise to a reasonable inference that the articlesor documents were in his possession or controlfor a purpose connected with an offence underthis section;

(c) evidence that the person is or has associated orbeen involved with a gang with the intent tofacilitate the commission of a gang-relatedactivity or to promote, further or assist in thegang-related activity;

(d) evidence of criminal activity by the person thatindicates a link or involvement with the gang;

(e) evidence that the person knowingly assisted inor in any way facilitated the concealment,transportation or disposal of anything ofevidentiary value relating to gang-relatedactivity;

(f) evidence that the person knowinglyconcealedor shared in the proceeds ofgang-relatedactivity;

(g) whether the person knowingly received anybenefit from the criminal activity of the gang;

(h) any statement made or information given,distributed or communicated by that person onbehalf of, or in the name of,the gang;

(i) any statement made by or on behalf of theperson, whether oral or in writing, and


published or otherwise distributed by him oron his behalf, indicating involvement in thecommission of a crime by the gang;

(j) any document emanating or purporting to haveemanated from the gang from which it can beascertained or reasonably inferred that, whenthe offence was alleged to have been committed-

(i) the person knowingly gave direction,counsel, instruction or guidance to, ormade a request of, any person involvedin the gang, in furtherance of the criminalactivity of the gang; or

(ii) any person involved in the gang soughtdirection, counsel, instruction or guidancefrom the person in furtherance of thecriminal activity of the gang.

(4) For the purposes of this Part, it shall not benecessary for determining the existence of, or membershipin, a gang to show that a particular grouping of personspossesses, acknowledges or is known by any commonname, insignia, flag, means of recognition, secret signalor code, creed, belief, structure, leadership or commandstructure, method of operation or criminal enterprise,concentration or speciality, membership, age or otherqualification, initiation rites, geographical or territorialsites, boundary or location, or other unifying mark,manner, protocol or method of expressing or indicatingits membership when the gang’s existence can bedemonstrated by a preponderance of other admissibleevidence, but any evidence reasonably tending to showor demonstrate the existence of or membership in a gangshall be admissible in any action or proceedings broughtunder this Part including evidence of the factors specifiedin subsection(3).


(5) Subsection(3) (j) shall not apply to a person whocounsels or gives instruction or guidance with the soleobjective of encouraging participants in the activities ofa gang to desist from engaging in any criminal activity.

(6) Where a person who commits an offence undersubsection (1) is a police officer, prison officer, memberof the Belize Defence Force, member of the Belize CoastGuard, or otherwise involved in law enforcement, he isliable on summary conviction to imprisonment for a termnot exceeding ten years and on any subsequent chargetherefor to conviction on indictment andto imprisonmentfor a term not exceeding twenty-five years.

(7) A gang member who intentionally-

(a) by any means whatsoever, wounds or causesgrievous bodily harm to; or

(b) shoots at with intent to do some grievousbodily harm,a police officer, prison officer,member of the Belize DefenceForce, memberof the Belize Coast Guard, Income Taxofficer, or a personwho is an officer oremployee of a law enforcement authoritycommits an offence and is liable on convictionon indictment to imprisonment for a term notexceeding thirty years.

3A. A person who has in his possession or under hiscare or control a bullet-proof vest, firearm or ammunition,whether lawfully obtained or not, which he intends to useor ought to know may be used for the benefit of or atthe direction of a gang, or any gang member, commitsan offence and is liable on summary conviction toimprisonment for fifteen years.

Possession ofbulletproofvest or firearmin associationwith gang.


3B.-(1) A person who, whether or not he is a gangmember,-

(a) carries out a gang-related activity at the directionof any gang member;

(b) knowingly assists, aids or abets any gangmember to carry out a gang-related activity;

(c) assists in the concealment of a gang-relatedactivity by the gang; or

(d) knowingly commits, assists, aids or abets inthe carrying out of a gang-related activity at thedirection of, or in concert with, or for thebenefit of, the gang, or conceals or assists inthe concealment of the same,

commits an offence and is liable on conviction onindictment to imprisonment for a term not exceedingtwenty years.

(2) It is a defence for a person charged for an offenceunder subsection (1)(a) or (c) to prove that he did not knowthat any person under whose direction he acted, or whomhe assisted, aided or abetted to carry out the offence, orfor whom he concealed or assisted in the concealment ofthe offence, as the case may be, was, or might be, a gangmember.

3C.-(1) A person who harbours a person whom heknows or ought to know is a gang member or is wantedby any law enforcement authority for any gang-relatedactivity commits an offence and is liable on summaryconviction to imprisonment for a term not exceeding fiveyears.

(2) Where in subsection (1)—

Participationin criminalactivity inassociationwith gang.

Harbouring orconcealinggang members.


(a) the gang member or person wanted by any lawenforcement authority for any gang-relatedactivity is a child; and

(b) the person convicted is the parent or is actingin loco parentis of the child,

the Court, in sentencing the person convicted, shalltake into consideration mitigating factors such asany efforts made by the person convicted to reformor rehabilitate the child.

(3) A person who conceals a person whom heknows or ought to know is a gang member or is wantedby any law enforcement authority for any gang-relatedactivity commits an offence and is liable on summaryconviction to imprisonment for a term not exceeding tenyears.

(4) For the purposes of subsection (3), a personconceals another person if the person-

(a) knows or ought to know that the other personis a gang member or is wanted by any lawenforcement authority in connection with theinvestigation or for the commission of anygang-related activity; and

(b) in response to an enquiry from a lawenforcement authority or member thereof as tothe whereabouts of the other person, does notreveal the whereabouts to the enquirer, despiteknowing where the other person is located.

(5) Any gang member or other person who knows,or ought to have known that a Warrant in the First Instancehad been issued by a Magistrate for the arrest of the personin relation to any offence under this Part, and fails to present


himself to the nearest police station within five days ofsuch communication shall, in addition to any penaltiesprescribed underthis Part for such first offence, be liableupon conviction of the first offence to additional imprisonmentfor a term not exceeding three years:

However, time against the person shall begin to runafter six o’clock in the forenoon on which the police haspublicly informed the person of the warrant, whichcommunication shall be issued to the personby means ofan official Press release, communicated at the instance ofthe police by way of national radio and television broadcast.

3D.-(1) A person shall not knowingly provide a benefitto a gang.

(2) A person who contravenes subsection (1) commitsan offence and upon-

(a) summary conviction is liable to a fine notexceeding ten thousand dollars or, in the caseof an individual to imprisonment for a term notexceeding fifteen years or to both the fine andimprisonment;

(b) conviction on indictment-

(i) in the case of an individual, to a fine notexceeding twenty thousand dollars or toimprisonment for a term not exceedingtwenty years;

(ii) in the case of a body corporate, to a finenot exceeding five hundred thousanddollars.

(3) A person shall not knowingly obtain a benefitfrom a gang, or from any gang-related activity.

Providing abenefit to orobtaining abenefit from agang.


(4) A person who contravenes subsection (3) commitsan offence and upon summary convictionis liable -

(a) in the case of an individual, to imprisonmentfor a term not exceeding fifteen years;

(b) in the case of a body corporate, to a fine notexceeding five hundred thousand dollars.

(3) In determining whether a person has committedan offence under this section the Court may take intoaccount all factors that appear to it to be relevant,including -

(a) evidence of activity by the person that isconsistent with his having financed in anymanner or otherwise provided support to thegang or for any of its gang-related activity; and

(b) evidence of the possession by that person ofarticles or documents of a kind that would giverise to a reasonable inference that the articlesor documents were in his possession or controlfor a purpose connected with the financing ofor the provision of other support to the gangor for any of its gang-related activity.

3E.—(1) A person shall not knowingly conceal, disposeof or share in the proceeds of the gang-related activityof a gang or gang member.

(2) A person who contravenes subsection (1)commits an offence and is liable upon conviction onindictment

(a) in the case of an individual, to imprisonmentfor a term not exceeding twenty years;

Offence ofconcealing,etc. proceedsof criminalactivity of agang.



(3) A person shall not, in order to hinder or preventthe investigation or prosecution of a gang member, inciteor induce another person to—

(a) commit a serious offence; or

(b) engage in an act of violence or an act thatserves to intimidate others.

(4) A person who contravenes subsection (3) commitsan offence and is liable upon conviction on indictment -

(a) in the case of an individual, to imprisonmentfor a term not exceeding twenty years;


(5) A person shall not conceal, transport, disposeof or tamper with evidentiary material relating to thecriminal activity of a gang or gang member.

(6) A person who contravenes subsection (5) commitsan offence and is liable upon conviction on indictment toimprisonment for a term not exceeding twenty years.

3F.-(1) A person who recruits or attempts to recruita person who is or who could be reasonably believed tobe an adult to a gang or otherwise solicits or invites supportfor a gang commits an offence and is liable on convictionon indictment to imprisonment for ten years.

(2) A person who recruits to a gang a person whomhe knows or ought reasonably to know is a child commitsan offence and is liable on conviction on indictment toimprisonment for fifteen years.

Recruitinggang members.


(3) Notwithstanding subsection (2), a person whowithin one hundred metres of a school, playground, place,place of rehabilitation or place of worship, recruits toa gang a person whom he knows or ought to know isa child commits an offence and is liable on conviction onindictment to imprisonment for twenty years.

3G.- (1) A person shall not take any action to prevent,deter or obstruct a person from ceasing to-

(a) be a part of or a participant in the activities ofa gang; or

(b) provide a benefit to a gang.

(2) A person who contravenes subsection (1) commitsan offence and is liable-

(i) on summary conviction to imprisonmentfor a term not exceeding five years;

(ii) on convict ion on indictment toimprisonment for a term not exceedingtwenty years.

3H.- (1) A person shall not take any retaliatory actionagainst another person or any of that other person’simmediate relatives or members of household, friends,business partners, employees or other business oremployment associates or property, on account of that otherperson -

(a) refusing to become a part of or a participant ina criminal activity of a gang;

(b) ceasing to be a part of or a participant in a gang;

(c) giving information to a law enforcementauthority in relation to a gang;

Offence oftakingretaliatoryaction.

Offence ofpreventing,etc. personfrom ceasingto be a part ofor aparticipant ina gang.


(d) assisting in an investigation of a gang or gangmember; or

(e) giving evidence in the prosecution of anyparticipant in a gang-related activity.

(2) A person who contravenes subsection (1) commitsan offence and shall be liable upon

(i) summary conviction to a fine not exceeding tenthousand dollars or imprisonment for a termnot exceeding ten years or to both such fine andimprisonment;

(ii) conviction on indictment, to a fine not exceedingone hundred thousand dollars or imprisonmentfor a term not exceeding twenty years or toboth such fine and imprisonment.

3I.-(1) A person shall not, in the furtherance of gang-related activity -

(a) put on or assume the dress, name, designationor description of an officer of a law enforcementauthority; or

(b) act or identify himself as, or impersonate, anofficer of a law enforcement authority.

(2) A person who contravenes subsection (1) commitsan offence and is liable upon -

(i) summary conviction, to a fine notexceeding fifteen thousand dollars orimprisonment for a term not less than fiveyears but not exceeding ten years or toboth such fine and imprisonment;

Impersonatinglawenforcementofficer.


(ii) conviction on indictment, to a fine notexceeding twenty thousand dollars orimprisonment for a term not exceedingtwenty years or to both such fine andimprisonment.

3J.-(1) A person shall not use a common name oridentifying sign, symbol, tattoo or other physical marking,colour or style of dress or graffiti or produce, record,sell, perform in public, circulate or play a recording ofa visual, audio or audio-visual communicationthat seeksto promote or facilitate gang-related activity.

(2) A person who contravenes subsection (1) commitsan offence and is liable upon -

(a) summary conviction, to a fine not exceedingtwenty thousand dollars or to imprisonmentfor a term not exceeding five years or to bothsuch fine and imprisonment;

(b) conviction on indictment to imprisonment fora term not exceeding twenty years.

4.- (1) A police officer may arrest without a warranta person whom he has reasonable cause to believe to bea gang member or whom he has reasonable cause to believehas committed an offence under this Part.

(2) A police officer may, with a warrant issued bya Magistrate or Justice of the Peace so enabling him todo, enter any dwelling house and search the same if hehas reasonable cause to believe that a gang member maybe found in that dwelling house.

(3) A police officer may enter without a warrantand search any place or premises not used as a dwellinghouse if he has reasonable cause to believe that a gangmember may be found in such place or premises.

Police powersof entry,search andarrest.

Offence ofusing signs,symbol,recordings,etc., topromote gang-relatedactivity.


4A.- (1) Subject to subsections (2) and (3), the Courtwhich convicts a person of an offence under this Part shall,in addition to any other penalty, order the forfeiture ofany property which, at the time of the offence, he hadin his possession or under his control provided it is shownthat he had such property for the use or benefit of a gang.

(2) Property subject to forfeiture under subsection(1) shall include-

(a) all profits, proceeds and instrumentalitiesrelating to gang-related activity or therecruitment of gang members; and

(b) all property used or intended or attempted tobe used to facilitate gang-related activity or therecruitment of gang members.

(3) Where a person, other than the convicted person,claims to be the owner of or otherwise interested in anyproperty which can be forfeited by order under this section,the Court shall, before making such an order in respectof it, give him an opportunity to be heard.

(4) The Court may give directions as to the storage,investment and disposal of property forfeited by orderunder subsection (1).

(5) Ten percent of the value of property forfeitedunder this section shall go to the Belize Police Departmentand be applied to the suppression of gang activities.

4B.-(1) If the Director of Public Prosecutions has anyinformation suggesting the occurrence or threatenedoccurrence of any gang-related crime, or any conspiracyto commit such a crime, or any other information or materialtouching on the detection and prosecution of gang-relatedoffences, he may appoint a Committee of Inquiry consisting

Forfeiture ofproperty.

Power of DPPto investigategang-relatedactivity.


of one or more (but not more than three) members, andauthorising such a Committee to inquire into any of thematters mentioned in subsection (2) of this section.

(2) A Committee appointed under this section maybe authorised to investigate any of the following matters,

(a) offences under the Misuse of Drugs Act;

(b) drug-related killings or other crimes of violence;

(c) offences under the Firearms Act;

(d) kidnappings and blackmail;

(e) conspiracy to commit robberies.

(3) A Committee appointed under this section shallhold its sitting in camera.

(4) The evidence taken by a Committee appointedunder this section and the record of its proceedings shallnot be admissible in any Court of law save and excepton a charge or perjury or contempt of Court arising outof any sworn testimony given by any person before theCommittee:

However, before any person gives evidence at any suchinquiry, the Committee shall warn him that any falseevidence given by him may lead to a charge of perjuryagainst him.

(5) No person giving evidence before a Committeeof Inquiry appointed under this section shall be compelledto disclose any matter which would tend to incriminatehim, unless he has been given a written guarantee ofimmunity from prosecution for any such thing said by himbefore the Committee.

CAP. 105.

CAP. 143


(6) Subject to the foregoing provisions of thissection, the Minister responsible for legal affairs may, afterconsultation with the Director of Public Prosecutions, makeregulations governing the powers and procedures of aCommittee of Inquiry appointed under this section, including,but not limited to, the summoning and swearing of witnesses,the penalties on witnesses for failing to attend at the inquiryor to give evidence or to produce documents, the paymentand protection of witnesses, and all consequential and othermatters necessary to give effect to the provisions of thissection.

(7) Regulations made under subsection (6) shall besubject to negative resolution.

PART 1B

Injunctions: Gang-Related Violence

5A.-(1) In this Part -

“application without notice” has the meaning provided bysection 5G(2);

“consultation requirement” has the meaning provided bysection 5F(2);

“Court” means the Supreme Court;

“relevant Judge” has the meaning provided by section5J(7);

“respondent” means the person in respect of whom anapplication for aninjunction is made or (as the contextrequires) the person against whom such an injunction isgranted;

“review hearing” has the meaning provided by section5F(5);


“specify”, in relation to an injunction, means specify in theinjunction;

“violence” includes violence against property.

(2) Any reference in this Part to an injunction underthis Part includes a reference to an interim injunction.

5B.-(1) TheCourt may grant an injunction under thissection if two conditions are met.

(2) The first condition is that the Court is satisfiedon the balance of probabilities that the respondent hasengaged in, or has encouraged or assisted, gang-relatedviolence.

(3) The second condition is that the Courtconsidersit is necessary to grant the injunction for either or bothof the following purposes-

(a) to prevent the respondent from engaging in, orencouraging or assisting, gang-related violence;

(b) to protect the respondent from gang-relatedviolence.

(4) An injunction under this section may (for eitheror both of those purposes under subsection (3) -

(a) prohibit the respondent from doing anythingdescribed in the injunction;

(b) require the respondent to do anything describedin the injunction.

(5) In this section “gang-related violence” meansviolence or a threat of violence that occurs in the courseof, or is otherwise related to, the activities of a gang.

Power to grantinjunctions


5C.-(1) This section applies in relation to an injunctionunder section 5B.

(2) The prohibitions included in the injunction may,in particular, have the effectof prohibiting the respondentfrom -

(a) being in a particular place;

(b) being with particular persons in a particularplace;

(c) being in charge of a particular species ofanimal in a particular place;

(d) wearing particular descriptions of articles ofclothing in a particular place;

(e) using the internet to facilitate or encourageviolence.

(3) The requirements included in the injunctionmay, in particular, have the effect of requiring the respondentto -

(a) notify the person who applied for the injunctionof the respondent’s address and of any changeto that address;

(b) be at a particular place between particulartimes on particular days;

(c) present himself or herself to a particularperson at a place where he or she is requiredto be between particular times on particulardays;

(d) participate in particular activities betweenparticular times on particular days.

Contents ofinjunction.


(4) A requirement of the kind mentioned in subsection(3)(b) may not be such as to require the respondent tobe at a particular place for more than eight hours in anyday.

(5) The prohibitions and requirements included inthe injunction must, so far as practicable, be such as toavoid -

(a) any conflict with the respondent’s religiousbeliefs; and

(b) any interference with the times, if any, atwhich the respondent normally works orattends any educational establishment.

(6) Nothing in subsection (2) or (3) affects thegenerality of section 5B(4).

(7) In subsection (2) “place” includes an area.

5D.-(1) This section applies in relation to an injunctionunder section 5B.

(2) The injunction may not include a prohibitionor requirement that has effect after the end of the periodof two years beginning with the day on which the injunctionis granted (“the injunction date”).

(3) The Court may order the applicant and therespondent to attend one or more review hearings on aspecified date or dates.

(4) If any prohibition or requirement in the injunctionis to have effect after the end of the period of one yearbeginning with the injunction date, the Courtshall orderthe applicant and the respondent to attend a review hearingon a specified date within the last four weeks of the one

Contents ofinjunctions:supplemental.


year period (whether or not the Court orders them to attendany other review hearings).

(5) A review hearing is a hearing held for thepurpose of considering whether the injunction should bevaried or discharged.

(6) The Court may attach a power of arrest inrelation to—

(a) any prohibition in the injunction, or

(b) any requirement in the injunction, other thanone which has the effect of requiring therespondent to participate in particular activities.

(7) If the Court attaches a power of arrest, it mayspecify that the power is to have effect for a shorter periodthan the prohibition or requirement to which it relates.

5E. An application for an injunction under section 5Bmay be made by the Regional Commander for a policearea or his deputy not being below the rank of Superintendent.

5F.-(1)Before applying for an injunction under section5B, the applicant shall comply with the consultationrequirement.

(2) The consultation requirement is that the applicantshall consult—

(a) the Commissioner of Police; and

(b) any other body or individual that the applicantconsiders it appropriate to consult.

5G.-(1) An application under section 5B may be madewithout the respondent being given notice.

Applicationsfor injunctionsunder section5B.

Applicationswithoutnotice.

Consultationby applicantsforinjunctions.


(2) In this Part, such an application is referred toas an application without notice.

(3) Section 5F(1) does not apply in relation to anapplication without notice.

(4) If an application without notice is made, theCourtshall either -

(a) grant the application; or

(b) adjourn the proceedings.

(5) If the Court acts under subsection (4)(b), theapplicant shall comply with theconsultation requirementbefore the date of the first full hearing.

(6) In this section “full hearing” means a hearingof which notice has been given to the applicant andrespondent in accordance with rules of court.

5H.-(1) This section applies if -

(a) the Court adjourns the hearing of an applicationfor an injunction under section 5B; and

(b) the respondent was notified of the hearing inaccordance with rules of court.

(2) The Court may grant an interim injunction ifit considers that it is just and convenient to do so.

(3) An interim injunction under this section mayinclude any provision which the Court has power to includein an injunction granted under section 5B(including a powerof arrest).

Interiminjunctions:adjournmentof on noticehearing.


5I.-(1) This section applies if -

(a) an application without notice is made by virtueof section 5G; and

(b) the proceedings are adjourned (otherwise thanat a full hearing within the meaning of thatsection).

(2) The Court may grant an interim injunction ifit considers that it is just and convenient to do so.

(3) An interim injunction under this section maynot have the effect of requiring the respondent to participatein particular activities.

(4) Except as provided by subsection (3), an interiminjunction under this section may include any provisionwhich the Court has power to include in an injunctiongranted under section 5B (including a power of arrest).

5J.-(1) The Court may vary or discharge an injunctionunder this Part if -

(a) a review hearing is held; or

(b) an application to vary or discharge the injunctionis made.

(2) An application to vary or discharge the injunctionmay be made by -

(a) the person who applied for the injunction;

(b) the respondent.

(3) The power to vary an injunction includes powerto -

Interiminjunctions:adjournmentof withoutnotice hearing.

Variation ordischarge ofinjunctions.


(a) include an additional prohibition or requirementin the injunction;

(b) extend the period for which a prohibition orrequirement in the injunction has effect (subjectto section 5D(2);

(c) attach a power of arrest or extend the periodfor which a power of arrest attached to theinjunction has effect.

(4) Section 5D(4) does not apply where an injunctionis varied to include a prohibition or requirement whichis to have effect as mentioned in that provision but thevariation is made within (or at any time after) the periodof 4 weeks mentioned in it.

(5) Before applying for the variation or dischargeof an injunction, a person mentioned in subsection (2)(a)shall notify the persons consulted under section 5F(1) or5G(5).

5K.-(1) This section applies if a power of arrest isattached to a provision of an injunction under this Part.

(2) A constable may arrest without warrant a personwhom the constable has reasonable cause to suspect tobe in breach of the provision.

(3) If a constable arrests a person under subsection(2), the constable shall inform the person who applied forthe injunction.

(4) A person arrested under subsection (2) shall bebrought before a relevant Judge within the period of 24hours beginning with the time of the arrest.

Arrest withoutwarrant.


(5) If the matter is not disposed of when the personis brought before the Judge, the Judge may remand theperson.

(6) In calculating when the period of 24 hoursmentioned in subsection (4) ends, Christmas Day, GoodFriday and any Sunday are to be disregarded.

(7) In this Part “relevant Judge”, in relation to aninjunction, means any Judge of the Supreme Court;

5L.-(1) This section applies in relation to an injunctionunder this Part.

(2) If the person who applied for the injunctionconsiders that the respondent is in breach of any of itsprovisions, the person may apply to a relevant Judge forthe issue of a warrant for the arrest of the respondent.

(3) A relevant Judge may not issue a warrant onan application under subsection(2) unless the Judge hasreasonable grounds for believing that the respondent isin breach of any provision of the injunction.

(4) If a person is brought before a Court by virtueof a warrant under subsection(3) but the matter is notdisposed of, the Court may remand the person.

5M.-(1) This section applies in relation to a person whois brought before the relevantJudge or the Court undersection 5J or 5K.

(2) If the relevant Judge or the Court has reasonto consider that a medical report will be required, the Judgeor the Court may remand the person under section5J (5)or (as the case may be) 5K(4) for the purpose of enablinga medical examination to take place and a report to bemade.

Remand formedicalexaminationand report.

Issue ofwarrant ofarrest.


(3) If the person is remanded in custody for thatpurpose, the adjournment may not be for more than threeweeks at a time.

(4) If the person is remained on bail for that purpose,the adjournment may not be for more than four weeksat a time.

(5) If the relevant Judge or the Court has reasonto suspect that the person is suffering from a mental disorderwithin the meaning of the Unsoundness of Mind Act, theJudge or the Court has the same power to make an orderunder section 17 of that Act (remand for report on accused’smedical condition) as the Court has under that section inthe case of an accused person (within the meaning of thatsection).

5N.-(1) The Minister maymake regulations relating toinjunctions under this Part.

(2) Before making regulations under this section theMinister shall consult the Chief Justice and such otherpersons as the Minister considers appropriate.

(4) The Minister shallcause any such regulationsto be tabled ineach House of the National Assembly.

(5) Each of the following must have regard to anyregulations made under this section -

(a) a Regional Commander for a police area; or

(b) deputy Regional Commander not below therank of Superintendent,

and the Commander Operations, Belize Police Department

Regulations.


5O.-(1) Rules of Court may provide that any powerconferred on the Court to grant, vary or discharge aninjunction under this Part may beexercised by a Judge ofthat Court.

(2) Rules of Court may provide that an appeal froma decision of the Court to which this subsection appliesmay be made without notice being given to the respondent.

(3) Subsection (2) applies to a decision to refuseto grant an interim injunction under section 5H.

PART 1C

Miscellaneous

5P.-(1)The jurisdiction of the Court to hear anddetermine indictable mattersunder Part IA,Part IB or thisPart shall be exercised by a Judge sitting without a jury.

(2) In the interest of the administration of justice,public safety, public order or public morality, theCourthearing a case in the exercise of its jurisdiction under thisPart may direct that

(a) the identity of any person, including a witnessin the case, shall be protected in the mannerspecified by the Court;

(b) in relation to any witness called or appearingbefore the Court, the name, identity, andaddress of the witness and such other particularsconcerning the witness, as in the opinion of theCourt shall be kept confidential, shall not bepublished; or

(c) no particulars of the trial other than the nameof the accused, the offence charged and the

Supplemental.

TrialProcedure.


verdict and sentence shall be published withoutthe prior written approval of the Court.

(3) A person shall not publish any information incontravention of a direction under subsection (2).

(4) A person who contravenes subsection (3) commitsan offence and shall be liable -

(a) on summary conviction to a fine not exceedingten thousand dollars or to imprisonment for aterm not exceeding twelve months or to bothsuch fine and imprisonment; or

(b) on conviction on indictment, to a fine notexceeding fifty thousand dollars or toimprisonment for a term not exceeding fiveyears or to both such fine and imprisonment.

5Q. In the interest of certainty, the Court shall affordbail to a person charged with an offence under Part 1Bor 1C, in accordance with section 16 and 17.

5R. The Minister may by Order, subject to affirmativeresolution, amend the Schedule.

PART 1D

Prohibition against Weapons in Public Places

6.-(1) Subject to the provisions of this section, anyperson who has,with him in a public place, an article towhich this section applies-

(a) between the hours of 8:00 pm and 5:00 am;

(b) at any time in a gathering of people forpolitical, social, sporting, cultural or otheractivities is guilty of an offence.

Offences ofhaving articlewith blade orpoint in publicplace.

Amendment ofSchedule.

Bail.


(2) This section applies to any article-

(a) which has a blade or is sharply pointed, excepta folding pocket knife the cutting edge ofwhich does not exceed three inches; or

(b) which amounts to an offensive weapon asdefined in this section.

(3) It shall be a defence for a person charged withan offence under this section to prove that he had the articlewith him for use at work or had other good reason orlawful authority for having the article with him in a publicplace.

(4) A person guilty of an offence under this sectionshall, unless any other penalty is specially provided, beliable on summary conviction to a fine not exceeding fivehundred dollars or to imprisonment for a term not exceedingsix months.

(5) In this section -

“offensive weapon” means any article made or adapted foruse for causing injury to or incapacitating a person, orintended by the person having it with him for such use, butdoes not include a firearm subject to the Firearms Act; Cap.143;

“public place” includes any place to which at the materialtime the public have or are permitted access, whether onpayment of a fee or otherwise.”

3. The principal Act is amended by inserting next aftersection 27 the following as the Schedule-

Insertion ofSchedule.


“SCHEDULE

[Section 2]

GANG-RELATED ACTIVITY–SERIOUSOFFENCES

1. Possession of imitation firearms in pursuance of anycriminal offence

2. Theft of a motor vehicle

3. Arson

4. Handling stolen goods

5. Gang membership

6. Coercing or encouraging gang membership

7. Preventing gang member from leaving gang

8. Participation in criminal activity in association withgang

9. Possession of bullet-proof vest, firearm or ammunitionfor benefit of gang

10. Harbouring or concealing gang members

11. Recruiting gang members

12. Threatening to publish with intent to extort

13. Demanding money with menaces

14. Murder


15. Shooting or wounding with intent to do harm,wounding, or grievous bodily harm

16. Robbery, robbery with a firearm

17. Aggravated assault with use of firearm

18. Possession and use of a firearm or ammunition withintent to endanger life

19. Possession of a firearm or ammunition without alicence

20. Possession of a Controlled Drug With Intent to Supply

21. Supplying a controlled drug

22. Rape

23. Kidnapping

24. Kidnapping for ransom

25. Knowingly negotiating to obtain a ransom

26. Aggravated Burglary

27. Aggravated Assault upon a law enforcement officer

28. An attempt to commit any offence listed in this Schedule

4.-(1) The Minister shall,not later than three years afterthe commencement of this Act-

(a) review the operation of the provisions of Parts1A , 1B and 1C, introduced into the principalAct by this Act; and

Review ofoperation ofnew Parts 1A,1B and 1C ofprincipal Act.


(b) prepare and publish a report on the outcomeof the review.

(2) The Minister shall lay the report before eachHouse of the National Assembly.”

Printed in Belize by the Government Printer


Date post:	03-Aug-2020
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times

BELIZE: CRIME CONTROL AND CRIMINAL JUSTICE … · 42 Crime Control and Criminal Justice (Amendment)...

Documents