Powers of Superintendent as to punishment

(1) The Superintendent of Prisons shall be ex officio a justice of the peace for Belize. (2) The Superintendent of Prisons or any person delegated by him for the purpose shall, subject as hereinafter expressed, have power and jurisdiction to hear and determine all charges against any prison officer below the rank of Principal Prison Officer for the offences set out in subsection (5) of this section, and to punish all such offenders as provided in subsection (6) of the section. (3) The Superintendent of Prisons and any person delegated by him under subsection (2) of this section, shall have all the powers of bringing such offenders before them, and of summoning and enforcing the attendance of witnesses and of examining them upon oath or affirmation in respect of offences which they are authorised to investigate under this 15 Act or under any rule made or continued in force thereunder respectively as are possessed by a summary jurisdiction court. (4) Any person wilfully and corruptly giving false evidence before the Superintendent or any such person as aforesaid shall be deemed guilty of perjury. (5) Any prison officer below the rank of Principal Prison Officer shall be guilty of an offence against this Act for any of the following acts or omissions, (i) coming late on duty or being absent from duty without leave; (ii) leaving a cell, door or gate unlocked; (iii) entering a prisoner’s cell at night contrary to orders; (iv) allowing any unauthorised person to communicate with a (v) leaving keys in a door, lying about or taking them outside the prison; (vi) cursing, swearing or using indecent or immoral language; (vii) neglecting to strike every hour correctly while on duty; (viii) neglecting to guard, supervise or attend prisoners under his charge; (ix) speaking of the prison arrangements in the hearing of a prisoner or of and to any person not connected with the 16 (x) carelessly searching or neglecting to search, when necessary or directed, a prisoner or a visitor; (xi) being asleep whilst on duty; (xii) neglecting to examine the cells and fastening of the cells under his charge, and to examine and search the wards, cells, bedding and clothing; (xiii) allowing tools, materials or other articles likely to facilitate escape to be lying about out of their appointed (xiv) neglecting to maintain a proper state of cleanliness in the ward, cells, yards or other places under his charge; (xv) omitting to report any misconduct, breach of the rules or omission of duty in himself, another warder, or a prisoner, or any injury done to the prison furniture or to the walls, windows, partitions or any part of the (xvi) not maintaining proper supervision when in charge of prisoners; (xvii) allowing unauthorised persons to remain in the vicinity of prisoners; (xviii) appearing in prison out of uniform or improperly or slovenly dressed or dirty; (xix) quitting his post without authority; 17 (xx) wrangling or making unnecessary noise either within the prison or when on duty outside; (xxi) in any way obstructing the duties of the prison; (xxii) omitting, when sick and unable to attend at the prison, to notify the Superintendent or the Chief Officer in writing; (xxiii) neglecting to count the prisoners at the times prescribed by the rules, or by the Superintendent or Chief (xxiv) allowing prisoners to be idle, to talk or in any way failing to maintain discipline amongst them when under his charge; (xxv) smoking or reading whilst on duty; (xxvi) failing to peg the clock as ordered; (xxvii) trafficking with prisoners; (xxviii) drunkenness or disobedience of, or negligence in carrying out the prison rules, or any orders or direction given by any proper authority;\ (xxix) when on duty as gatekeeper, neglecting or in any way failing to observe the rules specially laid down for that officer; 18 (xxx) refusing, failing or neglecting to obey a lawful order; (xxxi) striking or offering violence to his superior officer; (xxxii) losing or leaving about arms or ammunition; (xxxiii) engaging in disgraceful or scandalous conduct, neglect of duty or conduct to the prejudice of good order and discipline. (6) On conviction of any such offence by the Superintendent, or in his absence, some person deputed by him, the prison officer shall be liable to be punished for each offence by any one or any combination of not more than three of the following punishments, (a) caution, reprimand or severe reprimand; (b) fine not exceeding one hundred dollars; (c) reduction of rank or grade; (d) extra duties for a period not exceeding six days; (e) confinement to cells not exceeding fourteen days; (f) (7) Every delegation under this section shall be in writing under the hand of the Superintendent and shall be revocable, and may be either general or special as the Superintendent thinks fit. 19 (8) All sentences inflicted by any person so delegated by the Superintendent shall, if the accused officer so demands, be submitted to, and be subject to the approval of the (9) The Superintendent may confirm such sentence or remit the whole or any part thereof, or may enhance it, or may in the case of a sentence of dismissal, alter it to any other sentence which is authorised to be inflicted by this section. (10) It shall be the duty of the person submitting such sentence to the Superintendent to attach to his report of the case, the evidence which shall be taken on oath, and also any statement which the accused officer may desire to make in his defence.