Jurisdiction in respect of civil offences committed in Belize

(1) Civil offences alleged to have been committed in Belize by members of the Force when subject to military law will normally be dealt with in the civil courts but where the alleged civil offence (other than those mentioned in section 67(4) of the Act) relates solely to service property or public property or to service personnel or was alleged to have been committed on service property and no civilian is involved in the offence, the offence may be dealt with under the Act after consultation with the Commissioner of Police. (2) To this end a commanding officer shall report to the Commissioner of Police all alleged civil offences by members of the Force when subject to military law and the Commissioner of Police shall, after consultation with the commanding officer, decide whether the offence is to be dealt with by the civil courts or under the Act. (3) In making his decision the Commissioner of Police shall take into account the principles set out in paragraph (1). (4) If an alleged civil offence by a member of the Force when subject to military law comes to the notice of the Commissioner of Police he may, after consultation with the commanding officer of the alleged offender, request that the alleged offence be dealt with under the Act if the principles set out in paragraph (1) apply. 148 Defence (5) Nothing in this regulation shall prevent a commanding officer dealing with an alleged civil offence (other than the offences mentioned in section 67(4) of the Act) if the circumstances of the case render such a course essential for the good conduct and well-being of the Force. Defence 149 SCHEDULE PART I [Reg. 4] ORDER FOR THE COMMITTAL OF A PERSON SENTENCED TO IMPRISONMENT BY HIS COMMANDING OFFICER OR A COURT-MARTIAL. To the Superintendent or other person in charge of (Prison).......1 Whereas No. .................. Rank .................... Name .................... of the Belize Defence Force was on the .......... day of ........ 2...... sentenced by (his commanding officer)2 (court-martial)2 to imprisonment for a term of .......... (days) (months) (years)2 for the offence ...........................................................................3 and whereas the sentence (of the court-martial)4 has been duly confirmed. Now, therefore, in pursuance of section 99 of the Defence Act and of all other powers me enabling, I hereby order you to receive the said person into your custody and to retain him to undergo his sentence according to law and for so doing this shall be your warrant. Signed ...................... this ................. day of ................ 2 ........ ................................................................ (Signature) Commanding Officer of the said Person ___________________________ 1 Insert name of person. 2 Delete as appropriate. 3 Give brief particulars of offence(s). 4 Delete when sentence was passed by a commanding officer 150 Defence PART II [Reg. 10] CERTIFICATE IN ACCORDANCE WITH SECTION 151(1) OF THE DEFENCE ACT I certify that on the .......... day of ........................ 2 .......... there was brought before the magistrate’s court, at .............................1 Number: ............................................ Rank: ................................................ Name: ................................................ a member of the Belize Defence Force, alleged to be an illegal absentee who had been arrested by/surrender to2...............................................................................................3 at ...............1 at .........4 hours on the .........day of ............. 20......., and that he was dealt with in accordance with the provisions of section 149 of the Defence Act. The said member of the Belize Defence Force admitted that he had been illegally absent from the said unit at5 ...........................6 Dated this .................... day of .................................... 2 .......... ................................................................... Signature of Magistrate ___________________________ 1 Insert Place. 2 Delete as necessary. 3 Insert the name of the person who effected the arrest or to whom surrender was made. 4 time. 5. Delete this paragraph if no admission made. 6. Place from which he absented himself, if known. Defence 151 PART III [Reg. 11] CERTIFICATE IN ACCORDANCE WITH SECTION 151(2) OF THE DEFENCE ACT. I certify that ............................................................. (full names) surrendered himself at ..................................................... (place) at ............... (hour) on the .........day of ................... 20......... as being illegally absent from............................................. (unit) at .................................(place) on .............................. (date) and gave the following particulars: No.: .............................. Rank: .............................. Name: .............................. Unit: .............................. Dated this .................... day of .................................... 2 .......... Signature of police officer of police ) station where the above-named person ) ................................. surrendered or was taken on surrender ) 152 Defence PART IV [Reg. 12] ORDER FOR TEMPORARY CONFINEMENT IN CIVIL CUSTODY To the (Superintendent of ................................... Prison) (Officer of Police in charge of ................... Police Station) In pursuance of section 152 of the Defence Act, I, the undersigned, commanding officer of .......................................... (number, rank and Name), a person in military custody, order you to receive him into custody and to detain him until you receive from me an order for his release, but not longer than seven days. Place .................................................................................. Date ................................................................................... ....................................................... (Signature of Commanding Officer) ORDER FOR RELEASE FROM TEMPORARY CONFINEMENT IN CIVIL CUSTODY To the .......................................................................................... I, the undersigned, the commanding officer of ............................ ............................................................ (number, rank and name) a person now in your custody require you to deliver him to the escort producing this authority. Place .................................................................. Date ................................................................... ....................................................... (Signature of Commanding Officer) Defence 153 PART V [Reg. 15] REPORT OF A COURT OF INQUIRY INTO THE ILLEGAL ABSENCE OF ........................................................... (number, rank and name) The court of inquiry sitting at ........................................... on the .........day of ................................. 2 ............. and consisting of: (rank and name) ......................................................... President ...................................................................................) ...................................................................................) ...................................................................................) Members ...................................................................................) ...................................................................................) Report that ........................................ (number, rank and name) has been absent from his unit at ...............................without leave or other sufficient excuse for a period beginning on the ......... day of ............................. 2 .......... and is still so absent. And further report that the said ................................. was on the ......... day of............... 2 ......... and still is deficient of the articles of public and service property of which he had the charge, or which had been entrusted to his care which are set out below: Dated this .................... day of .................................... 2 .......... Signed ........................................................... President ...........................................................) ...........................................................) ...........................................................) Members ...........................................................) ...........................................................)