Public Services Commission, Judicial and Legal Services Commission

The Judicial and Legal Services Commission, shall deal with the matters respectively set out in sections 8, 11, 100(1) and 175. 100 SCHEDULE SUPREME COURT OF JUDICATURE ACT Rules on Criminal Information and Complaint Trial [Section 106A] ARRANGEMENT OF RULES 1. Short title. 2. Criminal information and complaint form. 3. Presentation and sufficiency of criminal information. 4. Contents of criminal information and complaint. 5. Joinder of counts and proceedings. 6. Joinder of two or more accused persons. 7. Description of persons. 8. Description of documents. 9. General rule on description. 10. Filing of criminal information and complaint. 11. Trial judge to give directions. 12. Power of the trial judge. 13. Amendment of rules. Short title. 1. These rules may be cited as the Criminal Information and Complaints Rules. Criminal information and complaint form. 2.-(1) A criminal information and complaint may be in the following formThe Queen v. AB In the Supreme Court of Belize (Criminal Jurisdiction) District. Criminal Information and Complaint filed by this..........day of ........... AB is charged with the following crime, Supreme Court of Judicature 101 Statement of crime XX Particulars of crime XX --------------------------------------------------------- Name and Signature of the Complainant Sworn to, the------------- day of---------20--------- Before me ------------------------------------------------- Commissioner of the Supreme Court. (2) Figures and abbreviations may be used in a criminal information and complaint for expressing anything which is commonly expressed thereby. (3) A criminal information and complaint shall be sworn to before a Commissioner of the Supreme Court. (4) A criminal information and complaint shall not be open to objection by reason only of any failure to comply with this rule. 3.-(1) Every criminal information and complaint shall contain and be sufficient if it contains a statement of the specific crime or crimes with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge. Presentation and sufficiency of criminal information. (2) Notwithstanding any rule of law or practice to the contrary, a criminal information shall not be open to objection in respect of its contents if it is formed in accordance with these rules. 102 Supreme Court of Judicature Contents of criminal information and complaint. 4.-(1) The statement of crime shall describe the crime shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the crime, and shall contain a reference to the section of the Act under which the charge is laid. (2) After the statement of the crime, particulars of it shall be set out in ordinary language, in which the use of technical terms shall not be necessary. Joinder of counts and proceedings. 5.-(1) Subject to sub-rule (2), any number of counts for the same crime may be joined in the same information and complaint and shall be sufficiently distinguished. (2) Where there are more counts than one in a criminal information and complaint, each count may be treated as separate information and complaint. (3) If the Court thinks it conducive to the ends of justice to do so, it may direct that the accused person be tried upon any one or more of the counts separately. (4) Where an information and complaint contains more than one count, the counts shall be numbered consecutively. Joinder of two or more accused per- sons. 6.-(1) Subject to sub-rule (2), any number of persons may be charged in one criminal information and complaint and tried together for a crime which they are alleged to have jointly committed, or in which they, or any of them, are alleged to have participated by abetment or otherwise. (2) The Court may, on application either on behalf of any of the accused persons or of the prosecutor, at any time, order that any of such persons shall be tried separately from all or any of the others. Description of persons. 7. The description or designation in a criminal information and complaint of the accused person or of any other person to whom reference is made therein, shall be such as is reasonably Supreme Court of Judicature 103 sufficient to identify him or her, without necessarily stating his or her correct name, or his or her abode, style, degree or occupation, and if, owing to the name of the person not being known, or for any other reason, it is impracticable to give that description or designation, such descriptions or designation shall be given as is reasonably practicable in the circumstances. Description of documents. 8. Where it is necessary to refer to any document or instrument in a criminal information and complaint, it shall be sufficient to describe it by name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof. General rule on description. 9. Subject to any other provisions of these rules, it shall be sufficient to describe any place, time, thing, matter, act or omission whatever, to which it is necessary to refer in any criminal information and complaint, in ordinary language in such a manner as to indicate with reasonable clearness that place, time, thing, matter, act or omission. 10.-(1) Every criminal information and complaint shall be filed in the Supreme Court Registry at least twenty-one days before the date of trial of the accused person charged in such criminal information and complaint. Filing of criminal information and complaint. (2) The Registrar shall, at least fourteen days before the day of trial, deliver or cause to be delivered to the accused person, or if the accused person is in custody, to the keeper of the prison, a certified copy of the criminal information and complaint. (3) For the purpose of sub-rule (2)– (a) the delivery to the keeper of the prison of the certified copy may be made by transmitting it in a registered letter by post properly addressed to him; (b) if the accused person be out of Belize, the copy may be served by registered post, fax, courier 104 Supreme Court of Judicature service or a notice in the Gazette, as may be appropriate in the circumstances of each case; (c) the receipt purporting to be given by an officer of the Post Office for the registered letter, or an employee of the courier service for the package sent by courier, shall be deemed prima facie evidence of the posting or delivery on the day stated therein; and (d) a certificate signed by the Registrar, that a certified copy of a criminal information and complaint was duly sent in the manner aforesaid shall be deemed prima facie evidence that the copy reached the accused person charged in the criminal information and complaint. Trial judge to give directions. 11. Where a criminal information and complaint is filed in the Supreme Court Registry, the trial Judge shall, subject to section l06A and these Rules, give directions as to– (a) the date of arraignment of the accused person; (b) the date and conduct of trial; (c) the disclosure of prosecution evidence to the accused person; (d) the reception of evidence, whether by witness statements or by viva voce testimony; and (e) any other matter pertaining to such trial. Supreme Court of Judicature 105 12. Subject to the provisions of section 106A of this Act and these Rules, on a trial on criminal information and complaint, the trial Judge shall have like powers as to the attendance of the accused person and the witnesses, remanding an accused person in custody or admitting him or her to bail, adjournment of the trial from time to time, and all other matters, as if it were a trial on indictment. Power of the trial judge. Amendment of rules. 13. These Rules may from time to time be amended by the Attorney General by rules made under section 106A (15) of this Act.