Protection Of Law |
Protection Of Law
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The constitution and laws of Belize
6. (1) All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.
(2) If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(3) Every person who is charged with a criminal offence-
a. shall be presumed to be innocent until he is proved or has pleaded guilty;
b. shall be informed as soon as reasonably practicable in a language that the understands, of the nature and particulars of the offence charged;
c. shall be given adequate time and facilities for the preparation of his defence:
d. shall be permitted to defend himself before the court in person or at his own expense, by a legal practitioner of his own choice:
e. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
f. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial.
and except with his own consent the trial shall not take place in his and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence:
Provided that the trial may take place in his absence in any case in which it is so provide by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity or appearing before the court.
(4) A person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute sich an offence, and not penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence if which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.
(7) Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
(8) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public.
(9) Nothing in subsection (8) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authority-
a. may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interest of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
b. may by law be empowered or required to do in the interests of defence, public safety or public order.
(10) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
a. subsection (3)a. of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
b. subsection (3)e. of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
c. subsection(5) of this section to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.
(11) In the case of any person who is held in lawful detention the provisions of subsection (2) and paragraphs (d.) and (e.) of subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.
(12) In this section"criminal offence" means a criminal offence under a law.
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Constitution of Belize
Chapter I - The State And The Constitution1. The State 2. Constitution Is Supreme Law
Chapter II - Protection Of Fundamental Rights And Freedoms3. Fundamental Rights And Freedoms 4. Protection Of Right To Life 5. Protection Of Right To Personal Liberty 7. Protection From Inhuman Treatment 8. Protection From Slavery And Forced Labor 9. Protection From Arbitrary Search Or Entry 10. Protection Of Freedom Of Movement 11. Protection Of Freedom Of Conscience 12. Protection Of Freedom Of Expression 13. Protection Of Freedom Of Assembly And Association 14. Protection Of Right Of Privacy 15. Protection Of Right To Work 16. Protection From Discrimination On The Grounds Or Race, Etc 17. Protection From Deprivation Of Property 18. Provisions For Periods Of Public Emergency 19. Protection Of Persons Detained Under Emergency Laws 20. Enforcement Of Protective Provisions 21. Protection Of Existing Laws 22. Interpretation And Savings
Chapter III - Citizenship23. Person Who Become Citizens On Independence Day 24. Person Born In Belize On Or After Independence Day 25. Person Born Outside Belize On Or After Independence Day 26. Registration 27. Avoidance Of Dual Nationality 29. Interpretation
Chapter IV - The Governor-general32. Oath To Be Taken By Governor-general 33. Deputy To Governor-general 34. Exercise Of Governor-general's Functions 35. Governor-general To Be Informed Concerning Matters Of Government
Chapter V - The Executive37. Prime Minister 39. Performance Of Functions Of Prime Minister During Absence Or Illness 41. Allocation Of Portfolios To Ministers 42. Attorney General 43. Performance Of Functions Of Minister During Absence Or Illness 44. Cabinet 45. Deputy Minister 46. Oath To Be Taken By Ministers Etc. 50. Control Of Public Prosecutions 51. Constitution Of Offices Etc 53. Procedure In Capital Cases Chapter VI - The Legislature55. Establishment Of Legislature
The House Of Representatives56. Composition Of House Of Representatives 57. Qualifications For Election As Member 58. Disqualifications For Election As Member 59. Tenure Of Office Of Members 60. Speaker And Deputy Speaker
The Senate62. Qualifications For Appointment As Senator 63. Disqualifications For Appointment As Senator 64. Tenure Of Office Of Senator 65. Appointment Of Temporary Senators 66. President And Vice-president 67. Clerks To Houses Of National Assembly
Powers And Procedure69. Alteration Of Constitution 70. Regulation Of Procedure In National Assembly, Etc 71. Oath To Be Taken By Members Of National Assembly 72. Presiding In House Of Representatives And Senate 73. Voting 76. Quorum 77. Introduction Of Bills, Etc 78. Restriction On Powers Of Senate As To Money Bills 79. Restriction On Powers Of Senate As To Bill Other Than Money Bills 80. Provisions Relating To Sections 77, 78 And 79 81. Mode Of Exercise Of Legislative Power 83. Sessions Of Legislature, Etc 84. Prorogation And Dissolution Of Legislature 85. General Elections And Appointment Of Senators 86. Determination Of Questions As To Membership Of National Assembly 87. Unqualified Persons Sitting Or Voting 88. Election And Boundaries Commission 90. Increase Of Electoral Divisions 91. Redivision Of Electoral Divisions Chapter VII - The Judiciary94. Establishment Of Supreme Court And Court Of Appeal 96. Reference Of Constitutional Questions To Supreme Court 97. Appointment Of Justices Of Supreme Court 98. Tenure of office of justices of Supreme Court 99. Oath To Be Taken By Justices Of Supreme Court 100. Appeals To The Court Of Appeal 101. Appointment of justices of appeal 102. Tenure of office of justices of appeal 103. Oath to be taken by justice of appeal 104. Appeals to her majesty in council
Chapter VIII - The Public Service105. Public Services Commission 106. Appointment, Etc. Of Public Officers 107. Appointment, etc. of permanent secretaries and certain other officers 108. Director of public prosecutions 109. Auditor General 110. Appointment, etc, of junior police officers 111. Appeals in discipline cases 112. Pension laws and protection of pension rights 113. Grant and withholding of pensions, etc
Chapter IX - Finance114. Establishment of consolidated revenue fund 115. Authorization of expenditure from consolidated revenue fund 116. Authorization of expenditure in advance of appropriation 117. Contingencies Fund 118. Remuneration of certain officers 119. Public Debt 120. Audit of public accounts, etc
Chapter X - Miscellaneous121. Code of conduct 122. National Symbols 123. Powers of appointment and acting appointments 124. Reappointments and concurrent appointments 125. Removal from office 126. Resignations 127. Saving for jurisdiction of courts 128. Power to amend and revoke instruments, etc 129. Consultation 130. National Seal 131. Interpretation |