← belizelaw.ai · Criminal Code, Cap. 101 · PART I — General Provisions

Consent to the use of force

Cap. 101, s. 40 · Revised Edition 2020

The use of force against a person may be justified on the ground of his consent, subject as follows– (a) the killing of a person cannot be justified on the ground of consent. (b) a wound or grievous harm cannot be justified on the ground of consent, unless the consent is given and the wound or harm is caused in good faith for the purposes or in the course of medical or surgical treatment. (c) a party to a fight, whether lawful or unlawful, cannot justify on the ground of the consent of another party any force which he uses with intent to cause harm to the other party. (d) a person may revoke any consent which he has given to the use of force against him, and his consent when so revoked shall have no effect for justifying force. (e) consent to the use of force for the purposes of medical or surgical treatment does not extend to any improper or negligent treatment. (f) consent to the use of force against a person for purposes of medical or surgical treatment, or otherwise for his benefit, may be given against his will by his father or guardian, or a person acting as his guardian, if he is under eighteen years of age, or by any person lawfully having the custody of him if he is insane, or is a prisoner in any prison or reformatory, and 46 when so given on his behalf cannot be revoked by him. (g) If a person is intoxicated or insensible, or is from any cause unable to give or withhold consent, any force is justifiable which is used in good faith and without negligence for the purpose of medical or surgical treatment, or otherwise for his benefit, unless some person authorised by him or by law to give or refuse consent on his behalf dissents from the use of such force.
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