Restrictions on admission to bail

(1) Notwithstanding any other law or rule of practice to the contrary, no magistrate, justice of the peace or a police officer shall admit to bail any person charged with any of the offences set out in sub-section (2). (2) The offences referred to in sub-section (1) are– (a) murder, attempted murder or conspiracy to murder; (b) robbery or attempted robbery while in possession of a firearm; (c) burglary or attempted burglary while in possession of a firearm; (d) aggravated assault with the use of a (e) kidnapping or attempted kidnapping; (f) a drug trafficking offence, under the Misuse of Drugs Act, where the quantity of the controlled drug involved is more than the quantities specified in paragraphs (i), (ii), (iii) and (iv) of the proviso to section 18(1) (a) of the Misuse of Drugs Act; CAP. 103. CAP. 103. (g) carnal knowledge of a girl under sixteen years of age; Crime Control and Criminal Justice[CAP. 102 49 (h) incest; (i) an offence under the Firearms Act; CAP. 143. (j) an offence under section 2 of Part I of this Act relating to the suppression of criminal gangs; (k) an offence under Part IA, 1B, 1C or 1D of this Act (which Parts relate respectively to suppression of criminal gangs, injunctions for gang-related violence, restriction on certain publications and prohibition of weapons); (l) the offence of entering Belize elsewhere CAP. 156. than at an approved port or place of entry under section 24 of the Immigration Act; (m) the offences under section 112 (2) (b) or CAP. 49. (c) of the Customs Regulation Act. (3) Where the bail is refused by the magistrate or justice of the peace under the foregoing provisions of this section, the person charged may apply to the supreme Court for bail and the Supreme Court may, for special reasons to be recorded in writing, but subject to sub-section (4), grant bail to such a person other than for the offence of murder, but in considering any such application the Court shall pay due regard to the following factors, namely– (a) the prevalence of the crime with which the accused person is charged; (b) the possibility of the accused person being a danger to the pubic or committing other offences or interfering with witnesses while on bail; 50 (c) the public interest involved in assisting the security services to combat crime and violence; and (d) all other relevant factors and circumstances. (4) (a) Before hearing an application for bail, the court shall give the Director of Public Prosecution not less than ten working days notice of the date of hearing, together with a copy of all the documents filed by the applicant in support of the application, provided that the requirements of giving ten working days’ notice of the date of hearing to the Director of Public Prosecutions shall not apply in cases where the accused person is of good character and has no previous convictions for any of the offences listed in sub-section (2). (b) The court shall impose such of the following conditions as it considers appropriate in respect of an application for bail made pursuant to sub-section (3)– (i) that the accused person provides one surety who possesses title to landed or monetary value equivalent thereto; (ii) that the accused person reports to the nearest police station on such day and at such time as is fixed by the court; Crime Control and Criminal Justice[CAP. 102 51 (iii) that the accused person hands over all his or her travelling documents to the court; (iv) that the accused person remains within the premises, and during the hours, fixed by the court; (v) that the accused person does not directly or indirectly contact any witness or other person as the court shall direct; (vi) such other conditions as the court considers necessary. (c) A police officer may, without a warrant, arrest and remand in custody any person who breaches the condition of his bail. (5) Where bail is withheld under this section, the trial of the accused person shall, subject to sub-section (6) below, take place– (a) in the case of summary trial, not later than three months from the date following the day on which bail is withheld; (b) in the case of trial on indictment, at the next practicable sitting of the Supreme Court for the district. (6) Where for any reason the trial cannot be proceeded with within the time prescribed in subsection (5) above, the accused person may be admitted to bail in the discretion of the judge or magistrate, at any time following the last day upon which the trial should have been held under that sub- 52