No. ] Belize Constitution

BELIZE:

B I L L

for

AN ACT to amend the Belize Constitution, Chapter 4of the Laws of Belize, Revised Edition 2000-2003, toprovide for the preventive detention of personsassociated with criminal activities in the interests ofpublic safety, peace and good order; to provide forthe protection of children from criminal conduct andother anti-social behaviour; to provide for theanonymity of witnesses and the admission of witnessstatements into evidence at a criminal trial to ensurethe safety of witnesses;f"fo provide for trial wijhouta jury in certain cases in criminal proceedings; toclarify the provisions regarding the imposition andexecution of the death sentence for capital offences;and to provide for matters connected therewith orincidental thereto.

(Gazetted 14th April, 2011.)

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

1. This Act may be cited as the short title.

BELIZE CONSTITUTION (EIGHTHAMENDMENT) ACT, 2011,

Belize Constitution [No.

CAP. 4 anci 1̂1 be reacj ancj construed as one with the BelizeAct 2/01

39/01 Constitution which, as amended, is hereinafter referred to as23/os the Constitution.13/084/10.

A m e n d m e n t 2. Section 5 of the Constitution is hereby amended asof section 5. follows:.

(i) in subsection (1), by adding the following newparagraphs immediately after paragraph (j): -

"(k) under a law which makes reasonableprovisions in the interests of public safety,peace and good order for the preventivedetention of persons who are suspected tobelong to criminal gangs or to have beenotherwise associated with criminal activities;or

(I) under a law which makes reasonableprovisions for the protection of childrenfrom criminal conduct or other anti-socialbehaviour;

(ii) by inserting the following as new subsection (5 A)immediately after subsection (5):-

" (5 A) Subsections (2) and (3) of this sectionshall not apply to a person who is detained under a lawreferred to in paragraph (k) or paragraph (1) of subsection(l)ofthis section:

Provided that no person shall be detained under adetention order made under a law referred to in paragraph(k) of subsection (1) of this section for a period longerthan twenty-one days, but the initial detention order maybe extended for a further period not exceeding one monthby a Judge of the Supreme Court in Chambers on an exparte application made in that behalf."

No. J Belize Constitution

3. Section 6 of the Constitution is hereby amended insubsection (10) thereof by repealing paragraph (b) andreplacing the same by the following:-

A r a e n d m e n tof section 6.

"(b) subsection (2) or subsection 3 (e) of this sectionto the extent that the law in question -

(i) imposes reasonable conditions that must besatisfied if witnesses called to testify onbehalf of an accused person are to be paidtheir expenses out of public funds; or

(B) provides for the anonymity of witnesses toprotect the safety of the witnesses or anotherperson or to prevent any damage to property;or

(Hi) provides for the admission of witnessstatements into evidence where a witness isunwilling to give or to continue to give oralevidence through fear of death or bodilyinjury to him or to a member of his family,or damage to his property; or

(iv) provides for the testimony of witnesses byvideo link or makes audio-visual recordingsof the evidence of witnesses admissible attrial; or

(v) provides for trial without a jury in certaincriminal cases; or".

4. Section 7 of the Constitution is hereby amended byrenumbering that section as subsection (1) and by addingthe following as subsections (2), (3) and (4):-

A m e n d m e n tof section 7.

4 Belize Constitution [No.

(2) The imposition of a sentence of death by a courton a person in respect of a criminal offence under the lawsof Belize or the execution of such a sentence by whatevermeans (whether by hanging or other means) shall not beheld to be inconsistent with or in contravention of this orany other provision of this Constitution.

(3) Without prejudice to the generality of subsection(2) and for the removal of doubts, the execution of asentence of death referred to in subsection (2) shall not beheld to be inconsistent with or in contravention of this orany other provision of the Constitution on any groundswhatsoever, including any, or any combination, of thefollowing grounds:

(a) a delay in the hearing or determinationof a charge for a capital offence;

(b) a delay in executing the sentence ofdeath;

(c) the conditions or arrangements underwhich the person is held in prison, orotherwise lawfully detained, pendingthe execution of the sentence of death;or

(d) the effect of reading to the person, morethan once, a warrant for the executionof the sentence of death passed on him.

(4) Subsections (2) and (3) above shall apply to aperson on whom the sentence of death is imposed on or

NO. _ after the coming into force of the Belize Constitutionor 2011. (Eighth Amendment) Act, 2011."

A m e n d m e n t 5. Section 8 of the Constitution is hereby amended inof section s. subsection (3) thereof by adding the following new paragraph

(e) after paragraph (d): -

No. ] Belize Constitution

"(e) any community service required of a person of orabove the age of sixteen years who is lawfullydetained under a law made in pursuance ofparagraph (k) or paragraph (1) of subsection (1)of section 5 of this Constitution, as part of thetraining of such person for gainful employment orotherproductive activities."

6. This Act shall come into force on a day to be commencement,appointed by the Prime Minister by Order published in theGazette and different days may be appointed for differentprovisions of this Act or different aspects of the sameprovision.

Printed in Belize by the Government Printer