belize: police (amendment) act, 2018 arrangement of … · 2018-04-17 · 13. amendment of section...

BELIZE:

POLICE (AMENDMENT) ACT, 2018

ARRANGEMENT OF SECTIONS

1. Short title.

2. Amendment of section 2.







9. Repeal and replacement of section 24 and the insertion of new

sections 24A and 24B.


11. Repeal and replacement of section 26.






17. Insertion of new section 33A.

18. Insertion of new section 40A.

No. 7] Police (Amendment) Act 2018 69

AN ACT to amend the Police Act, Chapter 138 of theSubstantive Laws of Belize, Revised Edition 2011;to improve the administrative processes in the BelizePolice Department; and to strengthen disciplinarycontrol of and welfare provision for members ofthe Department; 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

POLICE (AMENDMENT) ACT, 2018,

Short title.

No. 7 of 2018

I assent,

(MR. CARLOS PERDOMO)Acting Governor-General

11th April, 2018.

and shall be read and construed as one with the Police Act,which as amended, is hereinafter referred to as the principalAct.

2. Section 2 of the principal Act is amended byinserting in the proper alphabetical order, the followingdefinitions–

“National Police Training Academy” means thefacility established by the Department to provideinitial recruitment training;

“Security Services Commission” means the SecurityServices Commission established under section110C of the Constitution of Belize;””

3. Section 8 of the principal Act is amended –

(a) in subsection (1), by deleting the words“assistant inspector,”.

(b) in subsection -(2), by deleting the words“Public Services Commission” and substitutingthe words “Security Services Commission”.

4. The principal Act is amended by repealing section9 and replacing it with the following –

9. A constable or a non-commissionedofficer may be discharged by the Commissionerat any time, if, in the opinion of theCommissioner, the rank is unlikely to becomeor has ceased to be an efficient constable ornon-commissioned officer.”

5. Section 10(3) of the principal Act is amended byinserting immediately after the words “the Commissioner

CAP. 138.

Amendment ofsection 2.

CAP. 4.



“Powers ofCommissioneras todischarge.


70 Police (Amendment) Act 2018 [No. 7

or any such superior officer” the words “or other personappointed by the Commissioner for such purpose”.


(a) by renumbering the section as subsection (1);

(b) by inserting the following new subsectionsimmediately after subsection (1) –

“(2) A police officer specified insubsection (1) may resign from theDepartment at any time by giving to theCommissioner not less than one month’swritten notice of the officer’s intention toresign, or, in lieu of such notice, forfeitingone month’s salary, which is to bededucted from any remuneration thatmay become due to the officer.

(3 )Wi thou t a f f ec t ing theCommissioner’s powers, no constableon probation shall resign within thefirst six months after graduating fromthe National Police Training Academy.

(4) A constable who so resigns is liableto repay to the Department the value ofhis costs of initial recruitment training.”.

7. Section 15 of the principal Act is amended byinserting next after subsection (1) the following as subsection(1A) –

“(1A) When a member of the Department dies,his family or the person in whose possessionpolice issued arms, ammunition andaccoutrements supplied to him, and which are




the property of the Government, shall deliverthose items to the nearest police station.”

8. Section 21 of the principal Act is amended byrepealing subsection (1) and replacing it with thefollowing –

“(1) Subject to the Civil Procedure Rules andother practice directions or rules of court inforce at the time, no action shall be commencedor prosecution instituted against any policeofficer in respect of anything done or purportedto have been done by him under the provisionsof this Act, unless notice in writing of theaction or prosecution, and particulars thereofhave been given to the police officer, theofficer in charge of the Department in the placewhere the act complained of was committedand the Attorney General, at least one monthbefore the commencement of the action or theinstitution of prosecution.”


24.-(1) A non-commissioned officer orconstable who engages in an act undersubsection (2) commits a minor offence againstdiscipline and is liable on conviction by theCommissioner or in his absence a suitablyqualified person or officer of the Departmentdelegated by the Commissioner, to –

(a) a caution;

(b) a reprimand;

(c) a fine not exceeding one hundredand fifty dollars which shall be


Repeal andreplacement ofsection 24 andthe insertionof new sections24A and 24B. “Offences

againstdiscipline.


deducted from his pay in twoinstalments, if the fine imposed isof or above one hundred dollars;or

(d) extra duties for a period notexceeding ten days.

(2) For the purposes of this Act, each of thefollowing is an act referred to in subsection (1)as constituting a minor offence againstdiscipline, namely-

(a) being absent from duty withoutleave or without reasonable cause,for a period not exceeding twoconsecutive days, or being latefor court or any other duty;

(b) being found sleeping on duty orpost or other place of duty towhich the officer has beenassigned before he is relieved orwithout due permission orsufficient cause;

(c) while on or off duty in uniform ina public place, being improperlydressed or dirty or untidy in hisperson, uniform or accoutrements;

(d) wilfully making false statements,entries or returns pertaining tothe activities of the Department;

(e) being slovenly, inattentive oruncivil when on duty;

(f) malingering or wilfully causing adisease or infirmity;


(g) without reasonable cause, arrivinglate or failing to attend at anyparade appointed by his superiorofficer;

(h) entering or remaining in a publicor private house withoutreasonable cause whilst on duty;

(i) incurring debt without anyreasonable prospect or intentionof paying the debt, or havingincurred any debt, making noreasonable effort to pay the debt;

(j) suffering serious pecuniaryembarrassment;

(k) failing to provide a full and truestatement of financial positionwhen cal led on by theCommissioner to do so;

(l) failing to complete a case file fora summary offence within a periodspecified by practice direction;

(m) being guilty of an act, conduct,disorder or neglect which byregulations made under this Actis an offence against duty ordiscipline;

(n) being guilty of an act, conduct,disorder or neglect to the prejudiceof good order and discipline, notspecified in this subsection;

(o) breaching a Department standingorder.


(3) A non-commissioned officer orconstable who engages in an act undersubsection (4) commits a major offence againstdiscipline and is liable on conviction by theCommissioner or in his absence a suitablyqualified person or officer of the Departmentdelegated by the Commissioner, to –

(a) a fine of not less than two hundreddollars but not exceeding threehundred dollars to be deductedfrom his pay in two instalmentsonly;

(b) extra duties for a period morethan ten days but not exceedingtwenty-eight days;

(c) stoppage of increments;

(d) a surcharge for damage toproperty or award ofcompensation in favour of theinjured party;

(e) a reduction of rank or grade;

(f) dismissal.

(4) For the purposes of this Act, each of thefollowing is an act referred to in subsection (3)as constituting a major offence againstdiscipline, namely –

(a) beginning, exciting, causing orjoining in any mutiny or seditionamong members of theDepartment, or conspiring with a


person to cause such mutiny orsedition, or failing to use utmostendeavours to suppress suchmutiny or sedition, or beingcognisant of any such mutiny orsedition, fails togive informationof any mutiny or sedition to thesuperior officer of the non-commissioned officer orconstable;

(b) persuading or attempting topersuade, procuring or attemptingto procure, or assisting a policeofficer to desert, or beingcognisant of any such desertionor intended desertion failing togive information of any desertionor intended desertion to thesuperior officer of the non-commissioned officer orconstable;

(c) using traitorous or disloyal wordsregarding Her Majesty;

(d) using obscene, abusive,threatening or insulting languageor behaviour towards a magistrateor superior officer;

(e) absenting oneself from dutywithout leave or withoutreasonable cause for a period ofmore than two consecutive daysbut not exceeding five consecutivedays;


(f) failing to complete any indictablecase file within the periodspecified by practice directionsand the failure results in dismissalof the case at bar;

(g) drinking intoxicating liquor onduty;

(h) being intoxicated on or whencalled for duty, or frequentingliquor shops when on duty;

(i) failing to provide a blood or urinesample for testing when directedto do so by an officer above therank of the non-commissionedofficer or constable on reasonablesuspicion of being under theinfluence of drinks or drugs whileon duty;

(j) failing to provide a specimen fortest ing on request by theCommissioner or a superiorofficer delegated by theCommissioner on reasonablesuspicion of using illicit drugs;

(k) striking or assaulting a memberof the Department;

(l) permitting a prisoner to escape orfailing to take prompt steps for thearrest of an offender;

(m) accepting or soliciting a bribe orgratuity;


(n) engaging without authority in anyother employment or office;

(o) making a false accusation againstany member of the public or ofthe Department knowing suchaccusation to be false;

(p) making a false or misleadingstatement on enlistment;

(q) carrying, keeping, using, ordischarging a firearm, ammunitionor other weapon without theauthority of the Commissioner orwithout just cause, or beingnegligent in the use of firearms orother weapons;

(r) pawning, selling, neglectfullylosing, making away with, wilfullyor negligently damaging, orfailing to report damage to afirearm, ammunit ion,accoutrement, uniform or otherarticle supplied to a non-commissioned officer orconstable, or any propertycommitted to his charge;

(s) mutilating a book or document,that is to say, –

(i) knowingly making orbeingprivy or party to themaking of a false entry, orwith intent to mislead,making an alteration or


erasure in a book ofcomplaint, station diary,record, book or otherdocument kept in the normalcourse of official duty; or

(ii) wilfully muti lat ing ordestroying a book ofcomplaint, station diary,record, book, return orother document kept in thenormal course of duty;

(t) giving notice, direct ly orindirectly, to a person againstwhom a warrant or summons hasbeen or is about to be issued,except in the lawful execution ofsuch warrant or service of suchsummons;

(u) without the knowledge andpermission of the Commissioner,accepting directly or indirectlyany gratuity, present or reward inrespect of anything done in thedischarge of duties;

(v) being found intoxicated and inpossession of a firearm while onor off duty;

(w) being found intoxicated in uniformwhether or not on or off duty;

(x) being neglectful in carrying out aduty, an enquiry or investigationor failing to take action in a case


where an offence has beencommitted or where an offencehas been witnessed;

(y) while under arrest or in confinementleaving or escaping from arrest orconfinement before being set freeby proper authority;

(z) engaging in conduct which isdetermined by the Commissionerto be of a major consequence;

(aa) without proper authority, disclosingor conveying informationconcerning an investigation or otherpolice or departmental matter;

(bb) without reasonable excuse wilfullydisobeying or refusing, failing orneglecting to obey a lawfulcommand;

(5) A non-commissioned officer or constablewho is convicted of any of the minor offencesspecified in subsection (2)(a), (b), (g), (l) and(n) on a third occasion within his incrementalperiod, shall be punished under subsection (3)as though the offences committed are majoroffences against discipline.

(6) A police officer who absents himselffrom duty without leave or reasonable causefor a period of or exceeding five consecutivedays shall, unless the contrary is proved, beconsidered to have abandoned his post andshall be liable to summary dismissal.


(7) Every delegation under this sectionshall be in writing under the hand of theCommissioner and shall be revocable as theCommissioner thinks fit.

(8) A superior officer or a person delegatedby the Commissioner whom the Commissionerdetermines to be suitably qualified for thepurpose, shall, subject to subsection (9), hearand determine offences against disciplinecommitted by a non-commissioned officer orconstable.

(9) A sentence proposed to be imposed byany superior officer or other person delegatedby the Commissioner, shall be notified to theCommissioner,by the office or person, and besubject to the approval of the Commissioner,who may confirm or remit the whole or anypart thereof, or may enhance it, or maysubstitute any other sentence which is authorizedto be imposed under this section.

(10) Where an officer convicted of anoffence against discipline is dissatisfied with adecision given by a superior officer other thanthe Commissioner or by a person delegated forthat purpose,the convicted officer may appealto the Commissioner within seven days afterthe decision has been communicated to him:

However,no such appeal shall lie wherethe punishment is only a caution or reprimand,or against findings of guilt in cases where theofficer has admitted the charge.

(11) A sentence confirmed by theCommissioner, under appeal, other than asentence of dismissal or reduction in rank, isnot eligible for further appeal under thissection.


(12) It shall be the duty of the officersubmitting to the Commissioner a sentenceunder subsection (9), to attach to his casereport the evidence, which shall be taken onoath, and also any statement which the accusedmay desire to make in his defence but in everycase where the sentence awarded by the officeris a sentence of dismissal or reduction in rankor grade, the Commissioner shall confirm orreverse the decision.

(13) The Commissioner or any other persondeputed by him shall, while conductingdisciplinary proceedings under this section,follow any regulations made by the Minister inthat behalf under section 53 and, in the absenceof such regulations, comply with the rules ofnatural justice.

24A—(1) Subject to subsection (3), no policeofficer shall–

(a) in any public place or in anydocument or via any socialnetworking website or othermed ium or means o fcommunication, whether or notwi th in Bel ize,publ ish anyinformation or express anyopinion on matters of nationalsecurity interest or with nationalor in t e rna t iona l po l i t i ca limplications;

(b) be a scrutineer, an election agentor an assistant election agent underthe Representation of the PeopleAct, or a candidate for

Policeprohibitedfrom certainpublicationsand electoralactivities.


parliamentary, municipal orvillage council elections.

(2) A non-commissioned officer or constablewho breaches subsection (1) commits a majoroffence against discipline.

(3) Subsection (1) (a) shall not applywhere–

(a) a police officer is acting oninstructions and in the executionof his official duties;

(b) the information or opinion ispublished in the course of a lectureaddress, the subject matter ofwhich is approved by theCommissioner, made and givenat any educational institution inthe bona fide pursuit of theprofessional activity of the policeofficer; or

(c) the information or opinion isexpressed in an article or otherliterary contribution, to a journalor other periodical or documentprepared in the bona fide pursuitof the professional activity of thepolice officer and with the writtenpermission of the Commissioner.

(4) In this section “publish” means

(a) to communicate the informationor opinion to a person whetherorally or in writing and includesthe broadcasting of words and


pictures digitally or electronicallyor by any other means; and

(b) in relation to any writing, exhibitingin public or causing to be read orseen or showing or delivering orcausing to be shown or delivered inorder that the writing may be reador seen by a person.

24B—(1) Any person who, for the purposeof obtaining admission into the Department,knowingly –

(a) uses or attempts to pass off aforged or false certificate, letteror other document;

(b) gives a false answer to a questionwhich is put to him by a policeofficer; or

(c) si ts or at tempts to si t anexamination on behalf of anapplicant,

commits an offence and is liable on summaryconviction to a fine not exceeding one thousanddollars or imprisonment for a term not exceedingone year.

(2) A police officer may arrest withoutwarrant a person whom he reasonably believeshas committed an offence under this section.”

10. Section 25 of the principal Act is amended byinserting next after subsection (2) the following newsubsection -

Penalty forfraudulentadmission toDepartment.



“(2A) Upon receipt of a notice ofappeal or other notification of the filing of anappeal under this section, the Commissionershall forward to the Belize Advisory Councila copy of the notes of evidence.”


26. Any non-commissioned officeror constable who has been sentenced toimprisonment, or who is absent withoutleave shall forfeit all right to pay duringthe period of imprisonment or absence,and all fines or penalties imposed uponany such non-commissioned officer orconstable for any offences under this Actor for the breach of any rules madethereunder, may be enforced by deductingthe amount from any pay due or whichmay become due to the non-commissionedofficer or constable so fined.”


(a) in subsection (1), by deleting thewords “assistant inspector ofpolice or” wherever they appear;

(b) in subsection (3), by deleting thewords “An assistant inspector ofpolice or a” and substituting theword “A”;

(c) in subsection (4),by repealing thesubsection and replacing it withthe following –

Repeal andreplacement ofsection 26.

“Forfeiture ofpay, etc.



“(4) On the termination of anyperiod of interdiction from dutyof a non-commissioned officer orconstable, the Commissioner mayif he thinks fit direct the whole orany part of the pay stopped underthis section to be paid to the non-commissioned officer orconstable,and any portion of thesalary not returned to the officershall be paid into the PoliceWelfare Fund.”;

(d) in subsection (5),by deleting thewords “assistant inspector ofpolice or”;

(e) by inserting immediately aftersubsection (5) the following newsubsection-

“(6) If the non-commissionedofficer or constable has been foundguilty of charges laid against him,all of his pay and allowanceswithheld during the interdictionshall be paid into the PoliceWelfare Fund.”.

13.Section 28 of the principal Act is amended byrepealing subsection (2) and replacing it with thefollowing -

“(2) Where–

(a) money is seized and forfeited as a result ofpolice investigation, or as a result of being abribe or gift of money improperly received bya police officer; or



(b) goods given to a police officer as a bribe areseized and forfeited as a result of policeinvestigation,

the Minister may, by Order published in the Gazette,transfer an amount not exceeding one-third of themoney or the full value of the goods to the creditof the Police Welfare Fund.”

14.Section 29 of the principal Act is amended bydeleting the words “assistant inspector of police or”.

15.Section 32 of the principal Act is amended bydeleting the words “assistant inspector of police or”.

16.Section 33 of the principal Act is amended–

(a) in subsection (3)–

(i) in paragraph (a),by deleting thewords “of or below the rank ofassistant inspector or to any such“ and substituting the words “orto any”;

(ii) by deleting paragraph (b) andsubsti tut ing the fol lowingparagraph –

“(b) assistance to members ofthe Department to enablethem to seek medicalattention for themselves,their spouses or children,outside of Belize when suchattention is not available inBelize.”;





(iii) in paragraph (d), by insertingimmediately after the words“members of the Department”the words “, including expenditurefor the purchase of meals andrefreshments during rangepractice.”;

(iv) in paragraph (f), by insertingimmediately after the words“within the Department” the words“, and sporting events with lawenforcement agencies outside ofBelize;”;

(v) by deleting paragraph (g) andsubsti tut ing the fol lowingparagraph –

“(g) purchase of trophies,plaques and gifts for retiredpolice officers;”;

(vi) by inserting the following newparagraphs after paragraph (g) –

“(h) expenditure for Police Weekrelated activities, includingbanquets and social eventsat the end of Police Week;

(i) expenditure for repairs topolice vehicles and loss ofequipment owing to thenegligence of police officers;

(j) assistance to officers whoare pursuing any police or


law-related course onapproved study leave at theBachelor’s or Master’sdegree level;

(k) expenditure for overseastraining of officers that isnot paid from otherGovernment funds;

(l) any other purpose notspecified in this sectionwhich the Commissionerconsiders to be for thegeneral welfare of theDepartment.”.

(b) by inserting immediately after subsection(3), the following new subsections –

“(3A) A member of theDepartment requesting assistanceunder subsection (3)(b) shallsubmit medical evidence of theneed to obtain treatment abroadalong with a recommendationfrom the medical officer certifyingsuch need.

(3B) Payments made undersubsection (3) (i) shall be recoveredfrom the officer responsible by apay sheet deduction at five (5)percent simple interest.”;

(c) in subsection (4), by deleting the words“four thousand” and substituting thewords “fifty thousand”.


17.The principal Act is amended by insertingimmediately after section 33 the following as section33A –

33A (1) The Commissioner may directany member of the Department in awritten order to attend facilities for stressmanagement, including psychologicalcounselling to cope with stress affectingthe member’s professional duties.

(2) On receipt of a report from thefacility, the Commissioner shall forthwithrescind the order made under subsection(1), if the report states that the facility issatisfied that the person named in theorder is not in need of care and treatment.

(3) The Commissioner may sanctionpayments from the Police Welfare Fundfor any costs of members of theDepartment attending facilities for stressmanagement.”.

18.The principal Act is amended by insertingimmediately after section 40 the following as section40A –

40A (1) A person who –

(a) knowingly harbours or entertainsor, either directly or indirectly,sells or gives any intoxicatingliquor to a police officer who is onduty or who is attired in or partlyattired in uniform used bymembers of the Department;

Insertion ofnew section33A.

“Commissionermay directmandatorycounselling.

Insertion ofnew section40A.

“Prohibitionon offeringliquor to,undueinducement of,police officer,etc.


(b) knowingly permits a police officeron duty to remain in that person’shouse, except in case of extremeurgency; or

(c) by threats or by offer of money,gifts, intoxicating liquor or anyother thing, induces or attemptsto induce a police officer to commita breach of his duty,

commits an offence and is liable on summaryconviction to a fine not exceeding one thousanddollars and to imprisonment for a term not exceedingone year.

(2) If a person who is the owner or occupierof premises licensed under the Intoxicating LiquorLicensing Act,or is employed in connection with thebusiness of any such premises is convicted underthis section –

(a) the record of the proceeding anda written notice of the intentionand grounds to oppose the grant,renewal or transfer of a licenceshall be sent by the Department tothe Licensing Board whichgranted the licence and to theapplicant for the licence; and

(b) the notice shall be given to theLicensing Board and to theapplicant no less than ten daysbefore the day fixed for the hearingof the application.

CAP. 150.


(3) On the trial of a complaint in respect of anoffence under this section, if the other facts constitutingthe offence are established, it shall not be necessaryto prove knowledge or intention, but the onus ofdisproving shall lie on the defendant.”.

Printed in Belize by the Government Printer


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