Disposal of fines

All fines and penalties to be paid under any order in any contempt of court proceedings shall be paid into the Consolidated Revenue Fund. Criminal con- tempt of court. 106.A-(1) Notwithstanding any other law or rule of practice to the contrary but without prejudice to the power of Court to punish for contempt in accordance with Part 53 of the Supreme Court (Civil Procedure) Rules, 2005, by way of committal and seizure of assets, every person, whether in Belize or elsewhere, who knowingly disobeys or fails to comply with an injunction, or an order in the nature of an injunction, issued by the Court, whether such injunction was issued before or after 31st day of March, 2010, commits an offence and shall be tried summarily in the Supreme Court by a judge sitting alone without a jury, on a criminal information and complaint laid under sub-section (2), and in every such case, any rule of court relating to the unlimited jurisdiction of the Court shall apply. (2) A complaint of an offence under sub-section (1) may be laid by the Attorney-General or the aggrieved party or a police officer not below the rank of an Inspector. (3) A person guilty of an offence under sub-section (1), is liable on conviction54 (a) in the case of a natural person, with a fine which shall not be less than fifty thousand dollars but which may extend to two hundred and fifty thousand dollars, or with imprisonment for a term which shall not be less than five years but which may extend to ten years, or with both such fine and term of imprisonment, and in the case of a continuing offence, with an additional fine of one hundred thousand dollars for each day the offence continues, Provided that where a natural person who is convicted of an offence under this section shows that the extenuating circumstances, as described in sub-section (3A), exist in his or her case, a court may, in lieu of imposing the penalties specified above, impose a fine of not less than five thousand dollars and not more than ten thousand dollars, and in default of payment of such fine, a term of imprisonment of not less than one year and not more than two years; or (b) in the case of a legal person or other entity, whether corporate or un-incorporate, with a fine which shall not be less than one hundred thousand dollars but which may extend to five hundred thousand dollars, and in the case of a continuing offence, with an additional fine of three hundred thousand dollars for each day the offence continues. (3A) For the purpose of the proviso to sub-section (3)(a), the expression “extenuating circumstances” means where– (a) the convicted person has previously been a law abiding person and has no criminal record; (b) the offence was committed through sheer ignorance of the consequences of his or her conduct; and 55 (c) the imposition of full penalties prescribed in sub-section (3), would cause grave hardship to him or her and his or her family. (4) Every person, whether in Belize or elsewhere who– (a) directly or indirectly, instigates, commands, counsels, procures, solicits, advises or in any manner whatsoever aids, facilitates or encourages the commission of an offence under sub-section (1); or (b) knowing that an injunction has been issued by the court, does any act the effect of which would be to disregard such injunction, whether such injunction was issued before or after 31st day of March, 2010, shall be guilty of abetting the said offence and shall be punished in a like manner as if he or she commits that offence, and the penalties prescribed in sub-section (3) shall apply accordingly. (5) Where an offence under this section is committed by a body of persons, whether corporate or un-incorporate, every person who, at the time of the commission of the offence, acted in an official capacity for or on behalf of such body of persons, whether as shareholder, partner, director, manager, advisor, secretary or other similar officer, or was purporting to act in any such capacity, shall be guilty of an offence and punished accordingly, unless he or she adduces evidence to show the offence was committed without his or her knowledge, consent or connivance. (6) Notwithstanding anything to the contrary contained in any other law, the offence created by this section shall be investigated, tried, judged and punished by the Court regardless of whether the offence occurred in Belize or in any other territorial jurisdiction, or whether or not the offender was 56 present in Belize or elsewhere, but without prejudice to extradition, where applicable, in accordance with the law. (7) For the avoidance of doubt, it is hereby declared that this section shall have effect regardless of whether the injunction referred to in this section was issued before or after the 31st day of March, 2010. (8) Without prejudice to the generality of the foregoing provisions, the Court shall have jurisdiction– (a) to issue an injunction against a party or arbitrators, or both, restraining them from commencing or continuing any arbitral proceedings, whether cited in Belize or abroad, or an injunction against a party restraining it from commencing or continuing any proceedings for the enforcement of an arbitral award, whether in Belize or abroad, where it is shown, in either case, that such proceedings are or would be oppressive, vexatious, inequitable or would constitute an abuse of the legal or arbitral process; or (b) to void and vacate an award made by an arbitral tribunal, whether in Belize or abroad, in disregard of or contrary to any such (9) In addition to the modes of service prescribed in the Supreme Court (Civil Procedure) Rule, 2005, notice of an injunction issued by the court, or of an application for such injunction, or of any order associated therewith, whether such injunction or order was issued before or after the 31st day of March, 2010, may be served by registered post, fax, courier service or a notice in the Belize Gazette, as may be appropriate in the circumstances of each case, regardless of whether the person against whom the injunction or order was issued, or against whom the application for such injunction or order was 57 issued or against whom the application for such injunction or order was made, be present or resident within or outside Belize, and for this purpose, no leave of the court for serving the injunction, notice or order, as the case may be, outside Belize shall be required notwithstanding anything to the contrary contained in any other law or rule of practice. (10) Where the offence created by this section was committed outside Belize, the information and complaint for such offence shall be laid in the Central District of the Supreme (11) A person charged with an offence under this section, may be tried in his or her absence if the court is satisfied that such person was given at least 21 days’ notice of the charge and the date, time and place of the trial and that he or she had a reasonable opportunity of appearing before the court but has failed to do so. (12) The notice referred to in sub-section (11), may be served personally, or by registered post, or by a notice in the Belize Gazette, as may be appropriate in the circumstances of each case. (13) No person shall be liable to be prosecuted for an offence under this section if he or she has already been punished for the same offence under Part 53 of the Supreme Court (Civil Procedure) Rules, 2005, or vice versa. CAP. 1. (14) In this Act, the word “person” shall have the meaning ascribed to it in section 3 of the Interpretation Act. (15) Subject to the forgoing provisions of this section, the Attorney-General may, if he or she considers necessary, make rules for giving better effect to the provisions of this section, and all such rules shall be subject to negative resolution. (16) Subject to the provisions of this section and any rules made by the Attorney-General under sub-section (15), the rules 58 contained in the Schedule thereto shall apply to the trial on criminal information and complaint laid under this section.