← belizelaw.ai · Mutual Legal Assistance And, Cap. 103:04 · PART II — General Provisions
Transit of persons in custody
Cap. 103:04, s. 24 · Revised Edition 2020
(1) The central authority may, in response to a request,
authorise the transit through Belize of a person held in custody by the requesting State or a third State, whose personal appearance has been requested by the requesting State for purposes connected with a criminal investigation, prosecution or proceeding.
(2) The person in custody who has been authorised to transit through Belize under sub–section (1), who is being transported in an aircraft or ship which lands or calls at a place in Belize,
shall be kept in such custody while in transit in Belize as the central authority may, in consultation with the Minister responsible for national security, direct in writing until his transportation is continued.
(3) Where–
(a) a person is being held in custody pursuant to a direction under sub–section (2); and
(b) the person’s transportation is not, in the opinion of the central authority, continued within a reasonable time,
the central authority may, in consultation with the Minister responsible for national security, direct in writing that the person be transported in custody to the State from which the person was first transported, and such a direction shall be sufficient authority for that person’s removal from Belize by such means as the central authority directs.
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(4) Where a person in custody who has been authorised to transit through Belize under sub–section (1) is, pursuant to a direction of the central authority, to be detained in a prison, the Prisons Act, so far as applicable and with all necessary modifications, shall apply with respect to that person as if he were a person who has been sentenced to imprisonment for an offence against the laws of Belize and is liable to be detained in a prison under such a sentence.
CAP. 139.
(5) For the purposes of enabling the grant of a temporary visa under the Belize Immigration Act, to any person whom it is proposed to transit through Belize pursuant to this section, the central authority may issue a certificate, in writing, that the person is to be transported through Belize pursuant to this section.
CAP. 156.
(6) The central authority may, at any time, by notice in writing, cancel any certificate issued under sub–section (5) in respect of any person who is in Belize for the purposes of being transported through Belize pursuant to this section if the central authority is satisfied that that person’s presence in Belize is no longer necessary for that purpose.
(7) The central authority may prescribe by regulation such other matters as he may consider necessary for the better carrying out of the purposes of this section.
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