Search and seizure

(1) If a magistrate is satisfied on information on oath that there is reasonable ground for suspecting that an offence under section 19 is being, has been or is about to be committed on any premises, he may issue a warrant in writing authorising any member of the Belize Police Department to enter those premises at any time, by day or night, with the assistance and by such force as may be necessary and search the premises, and any member of the Belize Police Department who enters under the authority of the warrant may– (a) seize and remove– (i) any books, records, accounts or other documents (hereinafter referred to as (ii) any money, valuable thing, or any other thing, found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of any offence; and (b) arrest and search any person found on the premises whom he has reasonable cause to believe to be committing or to have committed any offence. (2) Where the court is satisfied that any person has in his possession any documents which will be required for the purpose of proceedings in respect of an offence under section 19, the court may, upon application by the prosecution, make an 67 order requiring that person to produce the books, records, accounts or other documents. (3) Where the court is satisfied that– (a) anything seized pursuant to a warrant issued under sub-section (1); or (b) any documents produced under sub-section (2), will not be required for the purpose mentioned in sub-sections (1) and (2 ), the court may order the thing or documents to be returned to the owner or, as the case may be, the person who is entitled to possession of it. (4) Any person who, being served with an order under sub- section (2), fails to produce documents pursuant to the order, commits an offence and is liable– (a) on summary conviction, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both fine and term of imprisonment; or (b) on conviction on indictment, to a fine not exceeding ten thousand dollars, or to imprisonment for a term not exceeding seven years, or to both fine and term of imprisonment.