Repeal of sections 16 to 21 of the Inferior Courts Act

Sections 16 to 21 of the Inferior Courts Act, Cap. 94 are hereby repealed. 13 SCHEDULE 1 BELIZE JUSTICE OF THE PEACE ACT COMMISSION [Section 3 (5)] By virtue of the powers vested in me under section 3 (2) of the Justices of the Peace Act and all other powers there unto me enabling, I do by this my Commission under my hand and seal appoint you the said to be a JUSTICE OF THE PEACE with all the powers, rights, privileges and jurisdiction to the said Office belonging or appertaining. GIVEN under my hand and seal at .................this day of................ in the year of Our Lord .............thousand........ . ____________________ ATTORNEY GENERAL 14 Justices of the Peace SCHEDULE 2 BELIZE JUSTICE OF THE PEACE ACT OATH OF ALLEGIANCE AND OFFICE [Section 3 (5)] I, do swear that 1 will bear true faith and allegiance to Belize, and will uphold the Constitution and the law, and that I will conscientiously, impartially and to the best of my ability discharge my duties as a JUSTICE OF THE PEACE and do right to all manner of people without fear or favour, affection or ill-will. So help me, God. NAME: OCCUPATION: ADDRESS: SWORN at_______, this_______day of_____20_____, before me. ____________________ SOLICITOR GENERAL Justices of the Peace 15 SCHEDULE 3 BELIZE JUSTICE OF THE PEACE ACT WARRANT OF REMOVAL [Section 3 (5)] IN THE MATTER OF THE JUSTICES OF THE PEACE ACT TO.........................of........................................................ ........................................................................ WHEREAS, you the said .......................were appointed a Justice of the Peace/Senior Justice of the Peace on the...................day of ........................,20........ AND WHEREAS, it is provided by section 3(3) of the Justices of the Peace Act that the Attorney General may, by Warrant under his hand, remove from office any person named in the Warrant. NOW, THEREFORE, I............................................ Attorney General, do by this Warrant under my hand, revoke your appointment as a Justice of the Peace/Senior Justice of the Peace and all powers, privileges, rights and jurisdiction thereby enabling. GIVEN under my hand this................day of.............., 20........... _____________________ [ATTORNEY GENERAL] 16 Justices of the Peace SCHEDULE 4 BELIZE JUSTICE OF THE PEACE ACT CODE OF ETHICS [Section 5 (1)] 1. A Justice of the Peace should always remember that, (a) the Oath (Affirmation) which he took on his appointment as a Justice of the Peace is not a mere form but a solemn undertaking to be strictly observed and dutifully followed; (b) his appointment is not simply an honour bestowed to him, but an undertaking of a civic duty for which it is an honour to be selected; and (c) the office of a Justice of the Peace is not an office of emolument, but is an office in which the holder voluntarily undertakes to perform a civic duty free of charge in the administration of justice and in his service to the community. 2. A Justice of the Peace shall exemplify high standards of integrity and honesty while performing the duties of a Justice of the Peace. 3. A Justice of the Peace shall refrain from any conduct which is detrimental to the office of Justice of the Peace or which may tend to discredit the office or bring it into disrepute. 4. A Justice of the Peace shall scrupulously preserve his independence in the discharge of his duties. Justices of the Peace 17 5. A Justice of the Peace shall, within the law, defend with due diligence and to the best of his ability the rights and interests of those who require his services. 6. A Justice of the Peace shall not render any service or advice involving, (a) disloyalty to the State; (b) disrespect for any Judicial Office; (c) corruption of any person exercising public or private trust; or (d) deception or betrayal of the public. 7. A Justice of the Peace shall not, at any time or under any circumstances whatsoever, make any false promises to any person seeking his assistance. 8. A Justice of the Peace shall not associate himself or purport to lend support to a person described as a “professional bailor”, that is, a person who acts as a surety for an accused person for a fee, reward, gratuity, recompense or advantage contrary to the laws of Belize. 9. A Justice of the Peace shall not solicit, engage or encourage the assistance of a person described as a “tout”, that is, a person who, for a fee, reward, gratuity, recompense or advantage, recommends an accused person, his family or surety to a Justice of the Peace for the granting of bail or who recommends a “professional bailor” to an accused person. 10. A Justice of the Peace shall not advertise his services through the media, by posters, or billboards. However, conventional name plates, personal letter-heads and call cards are permissible. 18 Justices of the Peace 11. A Justice of the Peace shall not intentionally or wilfully disseminate false or misleading information in respect of a fellow Justice of the Peace. 12. A Justice of the Peace shall at all times be courteous, co-operative and respectful to, (a) legal and judicial officers; (b) police officers and other members of the Belize Defence Force; (c) any member of the Public Service; and (d) the community as a whole. 13 A Justice of the Peace shall not visit police stations, the prisons and the courts for the purpose of soliciting others to use his services. 14. A Justice of the Peace should respect the views and opinions of fellow Justices of the Peace and co-operate with his colleagues whenever his professional services are sought. 15. A Justice of the Peace who wilfully uses any document so as to deceive any person or to pervert the course of justice is guilty of an offence. 16. A Justice of the Peace, by his department, (that is, his demeanour, dress, conduct, and general behaviour in both his public and private life), will not only command the respect and admiration of his colleagues and the public, but will also exemplify by such deportment the honour and dignity of the office. 17. A Justice of the Peace shall not engage in any activity which conflicts with or which is inconsistent or incompatible with his duties as a Justice of the Peace. Justices of the Peace 19 18. A Justice of the Peace who is charged with a serious offence shall cease to function as a Justice of the Peace until the subject matter of the offence is determined. 19. A Justice of the Peace who does not comply with the ethics set out in this Code is liable to have his appointment revoked. 20 Justices of the Peace SCHEDULE 5 BELIZE JUSTICE OF THE PEACE ACT BAIL RECORD [Section 7 (1)] PART A TO BE KEPT AT POLICE STATIONS MAGISTRATES COURTS AND BY JUSTICES OF THE PEACE Date Name of Justice of the Peace Case No. (of any) Names of Complainant and Defendant Court in which matter is to be heard Name(s) of Surety (ies) Deed Number Value of Property Amount of bail fixed PART B JUSTICE OF THE PEACE ACT WARRANT RECORD [Section 7 (2)] TO BE KEPT AT POLICE STATIONS MAGISTRATES COURTS AND BY JUSTICES OF THE PEACE Date Name of Justice of the Peace Type of warrant Name of Complainant Name of Defendant Name and Number of Police Officer Particulars Justices of the Peace 21 SCHEDULE 6 BELIZE JUSTICE OF THE PEACE REGISTER [Section 8 (1)] Name and Address of Justice of the Peace Date of Appointment Magisterial District Date of Removal/ Resignation/ Date 22 Justices of the Peace SCHEDULE 7 BELIZE JUSTICE OF THE PEACE RECORD [Section 6] 1. Where a Justice of the Peace is required to keep proper records under section 7 of this Act he shall in each case record the following, (a) with respect to his duties and functions, other than the granting of bail, as prescribed by section 4 of this Act; (i) the name of the Justice of the Peace; (ii) the nature of the duty or function; (iii) the names and addresses of the relevant parties; and (iv) the date when and the place where the duty or function was performed; (b) with respect to the granting of bail, (i) the name of the Justice of the Peace; (ii) the names of the complainant and defendant; (iii) the case number; (iv) the court in which the matter will be heard; Justices of the Peace 23 (v) the amount of bail fixed; (vi) the name of the surety or sureties, if any; (vii) the deed number and the Schedule to the said deed where such deed is used as security; (viii) the estimated value of the property; and (ix) the date when and the place where bai1 was granted. Fifth Schedule. (c) with respect to the issuing of warrants, (i) the name of the Justice of the Peace; (ii) the names of the complainant and defendant; (iii) the name and number of the police officer; (iv) the type of warrant; and (v) particulars of the offence, in the form set out in Part B of the Fifth Schedule. Fifth Schedule