Summons or warrant as to committal proceedings

(1) Sub-section (2) applies where a magistrate is satisfied that– (a) any person in Belize is likely to be able to make on behalf of the prosecutor a written statement containing material evidence, or produce on behalf of the prosecutor a document or other exhibit likely to be material evidence, for the purposes of proceedings before a magistrate’s court inquiring into an offence as examining magistrate; (b) the person will not voluntarily make the statement or produce the document or other exhibit. (2) In such a case the magistrate shall issue a summons directed to that person requiring him to attend before a magistrate at the time and place appointed in the summons to have his evidence taken as a deposition or to produce the document or other exhibit. 39 (3) If a magistrate is satisfied by evidence on oath of the matters mentioned in sub-section (1), and also that it is probable that a summons under sub-section (2) would not procure the result required by it, the magistrate may instead of issuing a summons issue a warrant to arrest the person concerned and bring him before a magistrate at the time and place specified in the warrant. (4) A summons may also be issued under sub-section (2) if the magistrate is satisfied that the person concerned is outside Belize, but no warrant may be issued under sub-section (3), unless the magistrate is satisfied by evidence on oath that the person concerned is in Belize. (5) If– (a) a person fails to attend before a magistrate in answer to a summons under this section; (b) the magistrate is satisfied by evidence on oath that such person is likely to be able to make a statement or produce a document or other exhibit as mentioned in sub-section (1)(a); (c) it is proved on oath, or in such other manner as may be prescribed, that he has been duly served with the summons and that a reasonable sum has been paid or tendered to him for costs and expenses; and (d) it appears to the magistrate that there is no just excuse for the failure, the magistrate may issue a warrant to arrest him and bring him before a magistrate at a time and place specified in the warrant. (6) (a) a summons is issued under sub-section (2) or a warrant is issued under sub-section (3) or (5); and 40 (b) the summons or warrant is issued with a view to securing that a person has his evidence taken as a the time appointed in the summons or specified in the warrant shall be such as to enable the evidence to be taken as a deposition before a magistrate’s court begins to inquire into the offence concerned as examining magistrate. (7) If any person attending or brought before a magistrate in pursuance of this section refuses without just excuse to have his evidence taken as a deposition, or to produce the document or other exhibit, the magistrate may do one or both of the following– (a) commit him to custody until the expiration of such period not exceeding one month as may be specified in the summons or warrant or until he sooner has his evidence taken as a deposition or produces the document or other exhibit; (b) impose on him a fine not exceeding one thousand dollars. (8) A fine imposed under sub-section (7) shall be deemed, for the purpose of any enactment, to be a sum adjudged to be paid by a (9) If in pursuance of this section a person has his evidence taken as a deposition, the clerk of court concerned shall as soon as is reasonably practicable send a copy of the deposition to the (10) If in pursuance of this section a person produces an exhibit which is a document, the clerk of court concerned shall as soon as is reasonably practicable send a copy of the document to the (11) If in pursuance of this section a person produces an exhibit which is not a document, the clerk of court concerned shall 41 as soon as is reasonably practicable inform the prosecutor of the fact and of the nature of the exhibit. (12) Nothing in this section shall affect the privilege against self-incrimination, that is to say, the right of a person to refuse to answer any question if the answer thereto would, in the opinion of the court, have a tendency to expose the deponent to any criminal charge, penalty or forfeiture which the court considers as reasonably likely to be preferred against him.