Rules of court

(1) Provision may be made by rules of court for any purpose for which it appears to the authority having power to make the rules that it is necessary or expedient that provision should be made in connection with any of the provisions of this Part. Schedule I. (2) Rules made for the purposes of the Schedule I may, in particular, make provision with respect to the persons entitled to appear or take part in the proceedings to which that Schedule applies, and for excluding the public from any such proceedings. (3) This section is without prejudice to the generality of any existing power to make rules. 44 SCHEDULE I MUTUAL LEGAL ASSISTANCE AND INTERNATIONAL CO–OPERATION ACT Belizean Evidence for Use Overseas [section 15(4)] 1. The court has the like powers for securing the attendance of a witness for the purpose of the proceedings as it has for the purpose of other proceedings before the court. Securing attendance of witnesses. Power to administer oaths. 2. The court may in the proceedings take evidence on oath. Privileges of witnesses. 3.–(1) A person is not compelled to give in the proceedings any evidence which he could not be compelled to give– (a) in criminal proceedings in Belize; or (b) subject to sub–section (2), in criminal proceedings in the State from which the request for the evidence has come. (2) Paragraph (1)(b) does not apply unless the claim of the person questioned to be exempt from giving the evidence is conceded by the court, tribunal or authority which made the request. (3) Where such a claim made by any person is not conceded as aforesaid, he may, subject to the other provisions of this subsection, be required to give the evidence to which the claim relates, but the evidence shall not be transmitted to the court, tribunal or authority which requested it if a court in the State in question, on the matter being referred to it, upholds the claim. Mutual Legal Assistance and International Co-operation Act [CAP. 103:04 45 (4) Without prejudice to sub–section (1), a person is not compelled under this Schedule to give any evidence if his doing so would be prejudicial to the security of Belize; and a certificate signed by or on behalf of the central authority acting in his discretion to the effect that it would be so prejudicial for that person to do so is conclusive evidence of that fact. (5) Without prejudice to sub–section (1), a person is not compelled under this Schedule to give any evidence in his capacity as an officer or servant of the Crown. (6) In this section, references to giving evidence include references to answering any question and to producing any document or other article, and the reference in sub–section (3) to the transmission of evidence given by a person shall be construed accordingly. Transmission of evidence. 4.–(1) The evidence received by the court shall be furnished to the central authority for transmission to the court, tribunal or authority that made the request. (2) If in order to comply with the request it is necessary for the evidence to be accompanied by a certificate, affidavit or other verifying document, the court shall also furnish for transmission such document of that nature as may be specified in the notice to the court. (3) Where the evidence consists of a document, the original or a copy shall be transmitted and, where it consists of another article, the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request. Supplementary. CAP. 95. 5. Sections 12 to 15 of the Evidence Act, apply to the proceedings as they apply to other proceedings before the court. Mutual Legal Assistance and 46 6. No order for costs shall be made in the proceedings. Mutual Legal Assistance and International Co-operation Act [CAP. 103:04 47 SCHEDULE II MUTUAL LEGAL ASSISTANCE AND INTERNATIONAL CO–OPERATION ACT Enforcement Powers in Respect of Ships [section 33] Preliminary 1. In this Schedule“enforcement officer” means– (a) a customs officer, police officer or member of the Belize Defence Force; or (b) any other person of a description specified in an order made for the purposes of this Schedule by the central authority; and “ship” means the ship in relation to which the powers conferred by this Schedule are exercised. Power to stop, board, divert and detain. 2.–(1) An enforcement officer may stop the ship, board it and, if he thinks it necessary for the exercise of his functions, require it to be taken to a port in Belize and detain it there. (2) Where an enforcement officer is exercising his powers with the authority of the central authority given under section 33(2) of the Act, the officer may require the ship to be taken to a port in the Convention State in question or, if that State has so requested, in any other State willing to receive it. (3) For any of those purposes, he may require the master or any member of the crew to take such action as may be necessary. Mutual Legal Assistance and 48 (4) If an enforcement officer detains a vessel, he shall serve on the master a notice in writing stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by an enforcement officer. Power to search and obtain information. 3.–(1) An enforcement officer may search the ship, anyone on it and anything on it including its cargo. (2) An enforcement officer may require any person on the ship to give information concerning himself or anything on the ship. (3) Without prejudice to the generality of those powers, an enforcement officer may– (a) open any containers; (b) make tests and take samples of anything on the ship; (c) require the production of documents, books or records relating to the ship or anything on it; or (d) make photographs or copies of anything whose production he has power to require. 4. If an enforcement officer has reasonable grounds to suspect that an offence mentioned in section 31 or 32 has been committed on a ship to which that section applies, he may– (a) arrest without warrant anyone whom he has reasonable grounds for suspecting to have committed the offence; and Mutual Legal Assistance and International Co-operation Act [CAP. 103:04 49 (b) seize and detain anything found on the ship which appears to him to be evidence of the offence. Assistants. 5.–(1) An enforcement officer may take with him, to assist him in exercising his powers– (a) any other persons; and (b) any equipment or materials. (2) A person whom an enforcement officer takes with him to assist him may perform any of the officer’s functions but only under the officer’s supervision. Use of reasonable force. 6. An enforcement officer may use reasonable force, if necessary, in the performance of his functions. Evidence of authority. 7. An enforcement officer shall, if required, produce evidence of his authority. Protection of officers. 8. An enforcement officer shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under this Schedule if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it. Offences. 9.–(1) A person commits an offence if he– (a) intentionally obstructs an enforcement officer in the performance of any of his functions under this Schedule; (b) fails without reasonable excuse to comply with a requirement made by an enforcement officer in the performance of those functions; or Mutual Legal Assistance and 50 (c) in purporting to give information required by an enforcement officer for the performance of those functions– (i) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular; or (ii) intentionally fails to disclose any material particular. (2) A person who commits an offence under this section is liable on summary conviction to a fine of fifty thousand dollars.