General penalty

(1) A person who commits an offence under this Act shall, unless otherwise specially provided, be sentenced to imprisonment on summary conviction as follows– (a) for a first offence, to imprisonment for a term which shall not be less than five years but which may extend to ten years; (b) for a second or subsequent offence, to imprisonment for a term which shall not be less than ten years but which may extend to twenty years. (2) Notwithstanding sub-section (1), the Director of Public Prosecutions shall have a discretion to determine whether an offence under this Act shall be prosecuted summarily or on indictment. (3) Where the Director of Public Prosecutions determines under sub-section (2) that an offence under this Act shall be prosecuted on indictment, any person convicted of such an offence shall, unless otherwise specially provided, be sentenced to imprisonment as follows37 (a) for a first offence, to a term of imprisonment of not less than ten years and not more than twenty years; (b) for a second or subsequent offence, to imprisonment for a term of not less than fifteen years and not more than twenty-five years. (4) Where it is shown to the satisfaction of the court that the convicted person was the holder of a valid firearms licence three months before the commission of the offence but the same had expired and was not renewed due to inadvertence, the court may, instead of imposing the penalties specified in sub-section (1) or (3), impose a fine of not less than five thousand dollars and not more than twenty-five thousand dollars and in default of payment of such fine, a term of imprisonment of not less than three years and not more than ten years. (5) Where any person is convicted of an offence or of an attempt to commit an offence or of soliciting or inciting the commission of an offence under this Act the court by which such person is convicted shall order that the firearm, the subject of the offence, be forfeited; and any currency whether foreign or Belizean found in his control or possession may be forfeited, if the court is satisfied that the money was intended to be used for an illegal purpose. (6) Where a person is convicted of an offence or of an attempt to commit an offence or of soliciting or inciting the commission of an offence under this Act and the court by which such person is convicted finds that any vehicle, vessel, aircraft or any other means of conveyance of whatever description was used or employed by such person for transporting or attempting or conspiring to transport any firearms or ammunition which are the subject of the offence of which he is convicted, such vehicle, vessel, aircraft or other means of conveyance of whatever description shall be forfeited. 38 (7) If, upon the application of any person, other than the accused person, prejudiced by a forfeiture order made under sub-section (6), the court is satisfied that he did not know, believe or suspect nor had reasonable grounds to believe or suspect that any such vehicle, vessel, aircraft or other means of conveyance of whatever description, as the case may be, was being used or employed in the commission or attempted commission of any offence under this Act, the court may upon such terms and conditions, if any, as it thinks fit revoke that order. (8) An application under sub-section (7) for the revocation of a forfeiture order shall be made either at the time when such order is made or within thirty days of the date of the order, unless the court for special reasons to be recorded in writing, extends such period.