Publication of list of persons convicted

As soon as practicable after the conclusion of every sitting of the court, the Registrar shall publish in the Gazette and in one or more newspapers published in Belize a list containing the names of all persons convicted at the sitting, the crimes for which they were indicted, the crimes of which they were convicted, and the sentences of the court in their respective cases. 114 SCHEDULE I INDICTABLE PROCEDURE ACT Indictment Rules [section 72] 1. These rules may be cited as the Indictment Rules and, together with any rules relating to indictments made under section 95 of the Supreme Court of Judicature Act, may be cited together by any collective title prescribed by the last mentioned rules. Short title. CAP. 91. 2.–(1) An indictment may be on parchment or durable paper, and may be either written or printed, or partly written or partly printed. Materials, etc., for indictment. (2) Each sheet on which an indictment is set out shall be not more than fourteen and not less than six inches in length, and not more than ten and not less than seven inches in width, and if more than one sheet is required the sheets shall be fastened together in book form. (3) A proper margin not less than three inches in width shall be kept on the left hand side of each sheet. (4) Figures and abbreviations may be used as in an indictment for expressing anything which is commonly expressed thereby. (5) An indictment shall not be open to objection by reason only of any failure to comply with this rule. 3. The commencement of the indictment shall be in the following form, Commencement of the indictment. Indictable Procedure 115 “The Queen v. A.B. In the Supreme Court of Belize (Criminal Jurisdiction) District Presentment of Her Majesty’s Director of Public Prosecutions for Belize. 1 of 1969. A.B. is charged with the following crime (crimes). 4. Charges for any crimes, whether felonies or misdemeanours, may be joined in the same indictment if those charges are found on the same facts, or form or are a part of a series of crimes of the same or a similar character. Joining of charges in one indictment. 5.–(1) A description of the crime charged in an indictment or, where more than one crime is charged in an indictment, of each crime so charged, shall be set out in the indictment in a separate paragraph called a count. Mode in which crimes are to be charged. (2) A count of an indictment shall commence with a statement of the crime charged, called the statement of crime. (3) 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. (4) 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: Provided that where any rule of law or any statute limits the particulars of a crime required to be given in an indictment, nothing 116 Indictable Procedure in this rule shall require any more particulars to be given than those so required. (5) Forms prescribed under section 197(b), or forms conforming therewith as nearly as may be, shall be used in cases to which they are applicable, and in other cases forms to the like effect, or conforming therewith as nearly as may be, shall be used, the statement of crime and the particulars of crime being varied according to the circumstances in each case. (6) Where an indictment contains more than one count, the counts shall be numbered consecutively. 6.–(1) Where an enactment constituting a crime states the crime to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the crime in the alternative, the acts, omissions, capacities or intentions or other matters stated in the alternative in the enactments, may be stated in the alternative in the count charging the crime. Provisions as to crimes. (2) It shall not be necessary, in any count charging a crime, to negative any exception, or exemption from, or qualification to, the operation of the statute creating the crime. 7.–(1) The description of property in a count in an indictment shall be in ordinary language and such as to indicate with reasonable clearness the property referred to, and if the property is so described it shall not be necessary, except when required for the purpose of describing a crime depending on any special ownership of property or special value of property, to name the person to whom the property belongs or the value of the property. Description of property. (2) Where property is vested in more than one person, and the owners of the property are referred to in an indictment, it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owning the property are a body of persons with a collective name, such as “inhabitants”, Indictable Procedure 117 “trustees”, “commissioners” or “club”, or other collective name, it shall be sufficient to use that name without naming any individual. 8. The description or designation in an indictment of the accused person or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him, without necessarily stating his correct name, or his 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 description or designation shall be given as is reasonably practicable in the circumstances, or the person may be described as “a person unknown”. Description of persons. 9. Where it is necessary to refer to any document or instrument in an indictment, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof. Description of document. 10. 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 indictment, in ordinary language in such a manner as to indicate with reasonable clearness that place, time, thing, matter, act or omission. General rule as to description. 11. It shall not be necessary in stating any intent to defraud, deceive or injure, to state an intent to defraud, deceive or injure any particular person, where the statute creating the crime does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the crime. Statement of intent. 12. Any charge of a previous conviction of a crime shall be charged at the end of the indictment by means of a statement, in the case of a previous conviction that the person accused has been previously convicted of that crime at a certain time and place without stating the particulars of the crime, (and in the case of a habitual criminal or habitual drunkard, that the offender is a habitual criminal or a habitual drunkard, as the case may be). Charge of previous conviction, habitual criminal or drunkard. 118 Indictable Procedure Allegation as to jurisdiction in crimes committed out of Belize. 13. In an indictment for a crime committed on the high seas, or in foreign parts, or otherwise not within the local limits of the ordinary jurisdiction of the court which according to law may be dealt with in Belize, the allegation that the party injured was, at the time of the crime charged, in the peace of the State shall be a sufficient allegation of the jurisdiction of the court to hear and determine the case. Indictable Procedure 119 SCHEDULE II INDICTABLE PROCEDURE ACT Warrant of Commitment [section 33 (3)] TO and to every other police officer and peace officer of Belize and to the Keeper of the District Prison at WHEREAS A.B. was this day charged before me the undersigned magistrate on the complaint of , for that (state shortly the offence): These are therefore to command you, the said to take the said A. B. and him safely to convey to the District Prison at aforesaid, and there to deliver him to the Keeper thereof together with this precept: and I do hereby command you, the said Keeper of the said District Prison to receive the said A.B. into your custody in the said District Prison and there safely keep him until he shall be thence delivered by due course of law. (Magistrate) Date.