Commission of further offence by person conditionally discharged

(1) If it appears to a court that a person in whose case an order for conditional discharge has been made has been convicted in Belize, of an offence committed during the period of conditional discharge, the court may issue a summons on information, or a warrant on information in writing and on oath, requiring that person to appear at the time and place specified in the summons or the warrant for that person’s arrest. (2) A summons or warrant issued under subsection (1) of this section, shall direct that the person to whom it relates appear or be brought before the court that made the order for conditional discharge. 14 (Alternative Sentences) (3) Where a person in whose case an order for conditional discharge has been made by the Criminal Division of the Supreme Court is convicted by a court referred to in section 5(a) or (b) of this Act of an offence committed during the period of conditional discharge, that court may either commit the offender to custody, or release the offender on bail, until the offender may be brought before the Criminal Division of the Supreme Court, and that court shall forthwith send to the Registrar of the Supreme Court a copy of the record of the conviction entered by that court, signed by the clerk of that (4) Where it is proved to the satisfaction of the court that made an order for conditional discharge that the offender in whose case the order was made has been convicted of an offence committed during the period of conditional discharge, the court may deal with the offender, for the offence for which the order was made, in any manner in which it could deal with the offender if the offender had just been convicted by or before that court of that offence. (5) If a person in whose case an order for conditional discharge has been made by a court referred to in section 5(a) or (b) of this Act (hereinafter called the “first court”) is convicted before a court referred to in section 5(c), (d) or (e) of the Act (hereinafter called the “latter court”) of an offence committed during the period of conditional discharge, the latter court may deal with the offender, for the offence for which the order was made, in any manner in which the first court could deal with the offender if it had just convicted the offender of that offence. (6) For the purposes of section 6 and this section, where an order for conditional discharge has been made on appeal, the order shall be treated as having been made by the court from which the appeal was brought. (Alternative Sentences) 15 (7) Subject to subsection (8) of this section, the provisions of sections 5, 6 of this Act are without prejudice to any rule of law for the time being allowing any criminal court in Belize to discharge an offender. Suspension of Custodial Sentences (8) Notwithstanding any Act or law to the contrary, a criminal court shall only discharge offenders in respect of the offences specified in Schedule I hereto. (9) This section does not apply to offences specified in subsection (10) of this Schedule I. (10) The offences referred to in subsection (9) of this section are attempted murder, manslaughter, maim, dangerous or grievous harm, robbery, attempted robbery, assault with intent to rob, burglary or aggravated burglary, or an offence (a) the Firearms Act, Cap. 143; (b) a sexual offence as defined in section 65 of the Criminal Code, Cap.101.