← belizelaw.ai · Defence, Cap. 135 · PART I — Preliminary

Interpretation

Cap. 135, s. 2 · Revised Edition 2020

(1) In this Act, unless the context otherwise requires“acting rank” means rank of any description (however called) such that under regulations under section 166, a commanding officer has power to order the holder to revert from that rank; and “acting warrant officer” and “acting non-commissioned officer” shall be construed accordingly; “arrest” includes open arrest; “before the enemy”, in relation to a person, means that he is in action against the enemy or about to go into action against the enemy or is under attack or threat of imminent attack by the “civil court” means a court of ordinary criminal jurisdiction, but does not, except where otherwise expressly provided, include any such court outside Belize; 11 “civil offence” has the meaning assigned to it by section 67 (2); “Commander” means the officer appointed by the Governor- Governor under section 142, to have command of the Force; “commanding officer” means an officer commanding a unit or a detachment of a unit of the Force; “on conviction” in sections 30 to 64, and 66, means on conviction by a court martial; “corresponding civil offence” has the meaning assigned to it by section 67 (2); “damage” includes destruction, and references to damaging shall be construed accordingly; “date of attestation”, in relation to any person, means the date on which he is attested in accordance with the provisions of this Act; “decoration” includes medal, medal ribbon, clasp and badge; “desertion” shall be construed in accordance with section 41 (2); “detachment” means a part of a unit which is so separated from the unit to which it belongs that the commanding officer of that unit cannot effectively exercise his disciplinary powers as commanding officer over it; “enemy” includes all persons engaged in armed operations against the Force or any forces co-operating therewith and also includes all armed mutineers, armed rebels, armed rioters and pirates; “officer” means a member of the Belize Defence Force who has been commissioned to the rank of second lieutenant; 12 “prescribed” means prescribed by Rules of Procedure made under section 107; “public property” means any property belonging to the Government of Belize or held for the purposes thereof; “recruiting officer” means a person authorised as such under the provisions of section 15; “scandalous conduct” means any conduct or behaviour that displays indecency, indecorum, acts of cruelty, acts against morality or law; “service”, when used adjectivally, means belonging to or connected with the Force; “soldier” does not include an officer, but with the modifications contained in this Act in relation to warrant officers and non- commissioned officers, includes (except in section 73) a warrant officer and a non- commissioned officer; CAP. 101. “steal” has the meaning assigned to in section 139 of the Criminal Code; “stoppages” means the recovery by deductions from the pay of the offender, of a specified sum by way of compensation for any expenses, loss or damage occasioned by the offence; “the Force” means the Belize Defence Force established under this Act; “unit” means any body of the Force declared by the Minister to be a unit; “volunteer element” means the volunteer element of (2) References to warrant officers do not include references to acting warrant officers. 13 (3) References to non-commissioned officers include references to acting non-commissioned officers and to acting

Amended by: 33 of 2020; 33 of 2020; 2 of 1981; 2 of 1981; 2 of 1981

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