Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694492106128.pdf (Belize)
BELIZE: CRIME CONTROL AND CRIMINAL JUSTICE (AMENDMENT) ACT, 2018 ARRANGEMENT OF SECTIONS 1.

2.

3.

4.

Short title.

Repeal and replacement of Part I. Insertion of Schedule.

Review of operation of new Parts 1A 1B and 1C of principal Act.

No.

6] Crime Control and Criminal Justice (Amendment) Act 2018 35 No.

6 of 2018 I assent, (CARLOS PERDOMO) Acting Governor-General 11th April, 2018.
AN ACT to amend the Crime Control and Criminal Justice Act, Chapter 102 of the Substantive Laws of Belize, Revised Edition 2011, to make provision for better maintenance of public safety and order through discouraging membership of criminal gangs and the disruption and suppression of criminal gang activity, and to provide for matters connected therewith or incidental thereto.
(Gazetted 12th April, 2018) BE IT ENACTED, by and with the advice and consent of the House of Representatives and Senate of Belize and by the authority of the same, as follows: 1.

This Act may be cited as the Short title.

CRIME CONTROL AND CRIMINAL JUSTICE (AMENDMENT) ACT, 2018 36 Crime Control and Criminal Justice (Amendment) Act 2018 [No.

6 and shall be read and construed as one with the Crime Control and Criminal Justice Act, which, as amended, is hereinafter referred to as the principal Act.
Repeal and replacement of Part I.

2.

The principal Act is amended by repealing Part I and replacing it with the following as Parts I, IA, IB, IC and 1D- “PART I Preliminary Short title.

1.

This Act may be cited as the Crime Control and Criminal Justice Act.

PART IA Suppression of Criminal Gangs Interpretation.
In this Part and Part 1B, unless the context otherwise 2. requires- “adult” means a person of the age of eighteen years or above; “ammunition” has the meaning assigned to it in the Firearms Act; “benefit” includes any money or other property, service or advantage; “bullet-proof vest” means a vest or article of covering that is capable of providing or intended to provide protection from the penetration of bullets or similar projectiles; “child” means a person under the age of eighteen years; “Court” means a Magistrate’s Court or the Supreme Court; No.
6] Crime Control and Criminal Justice (Amendment) Act 2018 37 “criminal activity” means the planned, on-going, continuous or repeated participation or involvement in any serious offence; “document” means, in addition to a document in writing, anything in which information of any description is recorded; “firearm” has the meaning assigned to it in the Firearms Act; “gang” means an organization, association, combination or other arrangement consisting of three or more persons whether formally or informally organized, thatcommits, or has as one of its objects or purposes the commission or facilitating the commission of, a serious offence; “gang leader” means a person who knowingly initiates, organizes, plans, finances, directs, manages or supervises a gang-related activity; “gang member” means a person (including a gang leader) who belongs to a gang, or a person who knowingly acts in the capacity of an agent for or an accessory to, or voluntarily associates himself with any gang-related activity, whether in a preparatory, executory or concealment phase of any such activity, or a person who knowingly performs, aids, or abets any such activity; “gang-related activity” means any criminal activity or any enterprise, pursuit or undertaking in relation to a serious offence, acquiesced in, or consented or agreed to, or directed, ordered, authorized, requested or ratified by any gang member; “harbour” means giving refuge or shelter to another person and encouraging or supporting, whether tacitly or explicitly, that person in committing any gang-related activity; “law enforcement authority” includes— 38 Crime Control and Criminal Justice (Amendment) Act 2018 [No.
6 (a) (b) (c) (d) (e) (f) the Belize Police Department established under the Police Act; the Customs and Excise Department established under the Customs Act; the Income Tax Department established under the Income Tax Act; the Belize Defence Force established under the Defence Act; the Belize National Coast Guard established under the Belize Coast Guard Act and; any other agency of the State in which investigative powers, similar to those exercisable by a police officer appointed under the Police Act, are lawfully vested; and (g) any category of persons so prescribed by the Minister by order published in the Gazette; “Minister” means the Minister responsible for the Belize Police Department; “premises”, in relation to a school, includes— (a) any building, playing field or other premises established or maintained for the benefit of the students of a school whether or not the building, playing field or other premises are within the grounds of the school; and (b) any premises for the time being used for the keeping of a school; “recruit” includes to counsel, procure, lure, solicit, incite, induce or coerce; No.
6] Crime Control and Criminal Justice (Amendment) Act 2018 39 “school” meansan institution recognized by the Ministry responsible for education as providing schooling or education and training primarily for children; including an institution that provides pre-school, primary, secondary education, within the meaning of the Education Act; “serious offence” means an offence specified in the Schedule.

Schedule.

3.- (1) A person who - (a) is a gang member; or Gang Membership.
(b) in order to gain an unlawful benefit, professes to be a gang member when in fact he is not, whether by telling anyone that he is a gang member or otherwise suggests to anyone that he is a gang member, commits an offence by virtue of being such a member or as the case may be, making such a profession, and is liable on summary conviction to imprisonment for a term not exceeding ten years and on any subsequent conviction on indictment to imprisonment for a term not exceeding twenty-five years.
(2) A person who is a gang leader commits an offence by virtue of being such a member and is liable on summary conviction to imprisonment for a term not exceeding twenty-five years and on any subsequent charge therefor toconviction on indictment and to imprisonment for a term not exceeding forty years.
(3) In determining whether a person has committed an offence under subsection (1) or (2) the Court may take into account all factors that appear to it to be relevant as reasonably showing or demonstrating the existence of, or membership in, a gang, including- 40 Crime Control and Criminal Justice (Amendment) Act 2018 [No.
6 (a) whether the person has admitted that he is a gang leader or gang member; (b) (c) (d) (e) evidence of the possession by that person of articles or documents of a kind that would give rise to a reasonable inference that the articles or documents were in his possession or control for a purpose connected with an offence under this section; evidence that the person is or has associated or been involved with a gang with the intent to facilitate the commission of a gang-related activity or to promote, further or assist in the gang-related activity; evidence of criminal activity by the person that indicates a link or involvement with the gang; evidence that the person knowingly assisted in or in any way facilitated the concealment, transportation or disposal of anything of evidentiary value relating to gang-related activity; (f) evidence that the person knowinglyconcealed or shared in the proceeds ofgang-related activity; (g) whether the person knowingly received any benefit from the criminal activity of the gang; (h) any statement made or information given, distributed or communicated by that person on behalf of, or in the name of,the gang; (i) any statement made by or on behalf of the person, whether oral or in writing, and No.
6] Crime Control and Criminal Justice (Amendment) Act 2018 41 published or otherwise distributed by him or on his behalf, indicating involvement in the commission of a crime by the gang; (j) any document emanating or purporting to have emanated from the gang from which it can be ascertained or reasonably inferred that, when the offence was alleged to have been committed- (i) (ii) the person knowingly gave direction, counsel, instruction or guidance to, or made a request of, any person involved in the gang, in furtherance of the criminal activity of the gang; or any person involved in the gang sought direction, counsel, instruction or guidance from the person in furtherance of the criminal activity of the gang.
(4) For the purposes of this Part, it shall not be necessary for determining the existence of, or membership in, a gang to show that a particular grouping of persons possesses, acknowledges or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or speciality, membership, age or other qualification, initiation rites, geographical or territorial sites, boundary or location, or other unifying mark, manner, protocol or method of expressing or indicating its membership when the gang’s existence can be demonstrated by a preponderance of other admissible evidence, but any evidence reasonably tending to show or demonstrate the existence of or membership in a gang shall be admissible in any action or proceedings brought under this Part including evidence of the factors specified in subsection(3).
42 Crime Control and Criminal Justice (Amendment) Act 2018 [No.

6 (5) Subsection(3) (j) shall not apply to a person who counsels or gives instruction or guidance with the sole objective of encouraging participants in the activities of a gang to desist from engaging in any criminal activity.
(6) Where a person who commits an offence under subsection (1) is a police officer, prison officer, member of the Belize Defence Force, member of the Belize Coast Guard, or otherwise involved in law enforcement, he is liable on summary conviction to imprisonment for a term not exceeding ten years and on any subsequent charge therefor to conviction on indictment andto imprisonment for a term not exceeding twenty-five years.
(7) A gang member who intentionally- (a) (b) by any means whatsoever, wounds or causes grievous bodily harm to; or shoots at with intent to do some grievous bodily harm,a police officer, prison officer, member of the Belize DefenceForce, member of the Belize Coast Guard, Income Tax officer, or a personwho is an officer or employee of a law enforcement authority commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding thirty years.
Possession of bulletproof vest or firearm in association with gang.

3A.

A person who has in his possession or under his care or control a bullet-proof vest, firearm or ammunition, whether lawfully obtained or not, which he intends to use or ought to know may be used for the benefit of or at the direction of a gang, or any gang member, commits an offence and is liable on summary conviction to imprisonment for fifteen years.

No.
No.

6] Crime Control and Criminal Justice (Amendment) Act 2018 43 Participation in criminal activity in association with gang.
3B.-(1) A person who, whether or not he is a gang member,- (a) (b) (c) (d) carries out a gang-related activity at the direction of any gang member; knowingly assists, aids or abets any gang member to carry out a gang-related activity; assists in the concealment of a gang-related activity by the gang; or knowingly commits, assists, aids or abets in the carrying out of a gang-related activity at the direction of, or in concert with, or for the benefit of, the gang, or conceals or assists in the concealment of the same, commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding twenty years.
(2) It is a defence for a person charged for an offence under subsection (1)(a) or (c) to prove that he did not know that any person under whose direction he acted, or whom he assisted, aided or abetted to carry out the offence, or for whom he concealed or assisted in the concealment of the offence, as the case may be, was, or might be, a gang member.
3C.-(1) A person who harbours a person whom he knows or ought to know is a gang member or is wanted by any law enforcement authority for any gang-related activity commits an offence and is liable on summary conviction to imprisonment for a term not exceeding five years.

Harbouring or concealing gang members.

(2) Where in subsection (1)— 44 Crime Control and Criminal Justice (Amendment) Act 2018 [No.
6 (a) the gang member or person wanted by any law enforcement authority for any gang-related activity is a child; and (b) the person convicted is the parent or is acting in loco parentis of the child, the Court, in sentencing the person convicted, shall take into consideration mitigating factors such as any efforts made by the person convicted to reform or rehabilitate the child.
(3) A person who conceals a person whom he knows or ought to know is a gang member or is wanted by any law enforcement authority for any gang-related activity commits an offence and is liable on summary conviction to imprisonment for a term not exceeding ten years.
(4) For the purposes of subsection (3), a person conceals another person if the person- (a) (b) knows or ought to know that the other person is a gang member or is wanted by any law enforcement authority in connection with the investigation or for the commission of any gang-related activity; and in response to an enquiry from a law enforcement authority or member thereof as to the whereabouts of the other person, does not reveal the whereabouts to the enquirer, despite knowing where the other person is located.
(5) Any gang member or other person who knows, or ought to have known that a Warrant in the First Instance had been issued by a Magistrate for the arrest of the person in relation to any offence under this Part, and fails to present No.
6] Crime Control and Criminal Justice (Amendment) Act 2018 45 himself to the nearest police station within five days of such communication shall, in addition to any penalties prescribed underthis Part for such first offence, be liable upon conviction of the first offence to additional imprisonment for a term not exceeding three years: However, time against the person shall begin to run after six o’clock in the forenoon on which the police has publicly informed the person of the warrant, which communication shall be issued to the personby means of an official Press release, communicated at the instance of the police by way of national radio and television broadcast.
3D.-(1) A person shall not knowingly provide a benefit to a gang.

(2) A person who contravenes subsection (1) commits an offence and upon- Providing a benefit to or obtaining a benefit from a gang.
(a) summary conviction is liable to a fine not exceeding ten thousand dollars or, in the case of an individual to imprisonment for a term not exceeding fifteen years or to both the fine and imprisonment; (b) conviction on indictment- (i) (ii) in the case of an individual, to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding twenty years; in the case of a body corporate, to a fine not exceeding five hundred thousand dollars.
(3) A person shall not knowingly obtain a benefit from a gang, or from any gang-related activity.

46 Crime Control and Criminal Justice (Amendment) Act 2018 [No.

6 (4) A person who contravenes subsection (3) commits an offence and upon summary convictionis liable - (a) (b) in the case of an individual, to imprisonment for a term not exceeding fifteen years; in the case of a body corporate, to a fine not exceeding five hundred thousand dollars.
(3) In determining whether a person has committed an offence under this section the Court may take into account all factors that appear to it to be relevant, including - (a) (b) evidence of activity by the person that is consistent with his having financed in any manner or otherwise provided support to the gang or for any of its gang-related activity; and evidence of the possession by that person of articles or documents of a kind that would give rise to a reasonable inference that the articles or documents were in his possession or control for a purpose connected with the financing of or the provision of other support to the gang or for any of its gang-related activity.
Offence of concealing, etc.

proceeds of criminal activity of a gang.

3E.—(1) A person shall not knowingly conceal, dispose of or share in the proceeds of the gang-related activity of a gang or gang member.

(2) A person who contravenes subsection (1) commits an offence and is liable upon conviction on indictment (a) in the case of an individual, to imprisonment for a term not exceeding twenty years; No.
6] Crime Control and Criminal Justice (Amendment) Act 2018 47 (b) in the case of a body corporate, to a fine not exceeding five hundred thousand dollars.

(3) A person shall not, in order to hinder or prevent the investigation or prosecution of a gang member, incite or induce another person to— (a) commit a serious offence; or (b) engage in an act of violence or an act that serves to intimidate others.
(4) A person who contravenes subsection (3) commits an offence and is liable upon conviction on indictment - (a) (b) in the case of an individual, to imprisonment for a term not exceeding twenty years; in the case of a body corporate, to a fine not exceeding five hundred thousand dollars.

(5) A person shall not conceal, transport, dispose of or tamper with evidentiary material relating to the criminal activity of a gang or gang member.
(6) A person who contravenes subsection (5) commits an offence and is liable upon conviction on indictment to imprisonment for a term not exceeding twenty years.

3F.-(1) A person who recruits or attempts to recruit a person who is or who could be reasonably believed to be an adult to a gang or otherwise solicits or invites support for a gang commits an offence and is liable on conviction on indictment to imprisonment for ten years.
(2) A person who recruits to a gang a person whom he knows or ought reasonably to know is a child commits an offence and is liable on conviction on indictment to imprisonment for fifteen years.

Recruiting gang members.

48 Crime Control and Criminal Justice (Amendment) Act 2018 [No.

6 Offence of preventing, etc.

person from ceasing to be a part of or a participant in a gang.
(3) Notwithstanding subsection (2), a person who within one hundred metres of a school, playground, place, place of rehabilitation or place of worship, recruits to a gang a person whom he knows or ought to know is a child commits an offence and is liable on conviction on indictment to imprisonment for twenty years.
3G.- (1) A person shall not take any action to prevent, deter or obstruct a person from ceasing to- (a) be a part of or a participant in the activities of a gang; or (b) provide a benefit to a gang.

(2) A person who contravenes subsection (1) commits an offence and is liable- (i) (ii) on summary conviction to imprisonment for a term not exceeding five years; on conviction on indictment to imprisonment for a term not exceeding twenty years.

Offence of taking retaliatory action.
3H.- (1) A person shall not take any retaliatory action against another person or any of that other person’s immediate relatives or members of household, friends, business partners, employees or other business or employment associates or property, on account of that other person - (a) refusing to become a part of or a participant in a criminal activity of a gang; (b) ceasing to be a part of or a participant in a gang; (c) giving information to a law enforcement authority in relation to a gang; No.
6] Crime Control and Criminal Justice (Amendment) Act 2018 49 (d) (e) assisting in an investigation of a gang or gang member; or giving evidence in the prosecution of any participant in a gang-related activity.
(2) A person who contravenes subsection (1) commits an offence and shall be liable upon (i) (ii) summary conviction to a fine not exceeding ten thousand dollars or imprisonment for a term not exceeding ten years or to both such fine and imprisonment; conviction on indictment, to a fine not exceeding one hundred thousand dollars or imprisonment for a term not exceeding twenty years or to both such fine and imprisonment.
3I.-(1) A person shall not, in the furtherance of gang- related activity - Impersonating law enforcement officer.

(a) put on or assume the dress, name, designation or description of an officer of a law enforcement authority; or (b) act or identify himself as, or impersonate, an officer of a law enforcement authority.
(2) A person who contravenes subsection (1) commits an offence and is liable upon - (i) summary conviction, to a fine not exceeding fifteen thousand dollars or imprisonment for a term not less than five years but not exceeding ten years or to both such fine and imprisonment; 50 Crime Control and Criminal Justice (Amendment) Act 2018 [No.
6 (ii) conviction on indictment, to a fine not exceeding twenty thousand dollars or imprisonment for a term not exceeding twenty years or to both such fine and imprisonment.

Offence of using signs, symbol, recordings, etc., to promote gang- related activity.
3J.-(1) A person shall not use a common name or identifying sign, symbol, tattoo or other physical marking, colour or style of dress or graffiti or produce, record, sell, perform in public, circulate or play a recording of a visual, audio or audio-visual communicationthat seeks to promote or facilitate gang-related activity.
(2) A person who contravenes subsection (1) commits an offence and is liable upon - (a) summary conviction, to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment; (b) conviction on indictment to imprisonment for a term not exceeding twenty years.

Police powers of entry, search and arrest.


4.- (1) A police officer may arrest without a warrant a person whom he has reasonable cause to believe to be a gang member or whom he has reasonable cause to believe has committed an offence under this Part.

(2) A police officer may, with a warrant issued by a Magistrate or Justice of the Peace so enabling him to do, enter any dwelling house and search the same if he has reasonable cause to believe that a gang member may be found in that dwelling house.
(3) A police officer may enter without a warrant and search any place or premises not used as a dwelling house if he has reasonable cause to believe that a gang member may be found in such place or premises.

No.
No.

6] Crime Control and Criminal Justice (Amendment) Act 2018 51 4A.- (1) Subject to subsections (2) and (3), the Court which convicts a person of an offence under this Part shall, in addition to any other penalty, order the forfeiture of any property which, at the time of the offence, he had in his possession or under his control provided it is shown that he had such property for the use or benefit of a gang.

Forfeiture of property.


(2) Property subject to forfeiture under subsection (1) shall include- (a) (b) all profits, proceeds and instrumentalities relating to gang-related activity or the recruitment of gang members; and all property used or intended or attempted to be used to facilitate gang-related activity or the recruitment of gang members.
(3) Where a person, other than the convicted person, claims to be the owner of or otherwise interested in any property which can be forfeited by order under this section, the Court shall, before making such an order in respect of it, give him an opportunity to be heard.

(4) The Court may give directions as to the storage, investment and disposal of property forfeited by order under subsection (1).
(5) Ten percent of the value of property forfeited under this section shall go to the Belize Police Department and be applied to the suppression of gang activities.
4B.-(1) If the Director of Public Prosecutions has any information suggesting the occurrence or threatened occurrence of any gang-related crime, or any conspiracy to commit such a crime, or any other information or material touching on the detection and prosecution of gang-related offences, he may appoint a Committee of Inquiry consisting Power of DPP to investigate gang-related activity.

52 Crime Control and Criminal Justice (Amendment) Act 2018 [No.
6 of one or more (but not more than three) members, and authorising such a Committee to inquire into any of the matters mentioned in subsection (2) of this section.

(2) A Committee appointed under this section may be authorised to investigate any of the following matters, CAP.

105.

(a) offences under the Misuse of Drugs Act; (b) drug-related killings or other crimes of violence; CAP.

143 (c) offences under the Firearms Act; (d) kidnappings and blackmail; (e) conspiracy to commit robberies.
(3) A Committee appointed under this section shall hold its sitting in camera.
(4) The evidence taken by a Committee appointed under this section and the record of its proceedings shall not be admissible in any Court of law save and except on a charge or perjury or contempt of Court arising out of any sworn testimony given by any person before the Committee: However, before any person gives evidence at any such inquiry, the Committee shall warn him that any false evidence given by him may lead to a charge of perjury against him.
(5) No person giving evidence before a Committee of Inquiry appointed under this section shall be compelled to disclose any matter which would tend to incriminate him, unless he has been given a written guarantee of immunity from prosecution for any such thing said by him before the Committee.

No.
6] Crime Control and Criminal Justice (Amendment) Act 2018 53 (6) Subject to the foregoing provisions of this section, the Minister responsible for legal affairs may, after consultation with the Director of Public Prosecutions, make regulations governing the powers and procedures of a Committee of Inquiry appointed under this section, including, but not limited to, the summoning and swearing of witnesses, the penalties on witnesses for failing to attend at the inquiry or to give evidence or to produce documents, the payment and protection of witnesses, and all consequential and other matters necessary to give effect to the provisions of this section.
(7) Regulations made under subsection (6) shall be subject to negative resolution.
PART 1B Injunctions: Gang-Related Violence 5A.-(1) In this Part - “application without notice” has the meaning provided by section 5G(2); “consultation requirement” has the meaning provided by section 5F(2); “Court” means the Supreme Court; “relevant Judge” has the meaning provided by section 5J(7); “respondent” means the person in respect of whom an application for aninjunction is made or (as the context requires) the person against whom such an injunction is granted; “review hearing” has the meaning provided by section 5F(5); 54 Crime Control and Criminal Justice (Amendment) Act 2018 [No.
6 “specify”, in relation to an injunction, means specify in the injunction; “violence” includes violence against property.

(2) Any reference in this Part to an injunction under this Part includes a reference to an interim injunction.

Power to grant injunctions 5B.-(1) TheCourt may grant an injunction under this section if two conditions are met.
(2) The first condition is that the Court is satisfied on the balance of probabilities that the respondent has engaged in, or has encouraged or assisted, gang-related violence.

(3) The second condition is that the Courtconsiders it is necessary to grant the injunction for either or both of the following purposes- (a) (b) to prevent the respondent from engaging in, or encouraging or assisting, gang-related violence; to protect the respondent from gang-related violence.
(4) An injunction under this section may (for either or both of those purposes under subsection (3) - (a) (b) prohibit the respondent from doing anything described in the injunction; require the respondent to do anything described in the injunction.

(5) In this section “gang-related violence” means violence or a threat of violence that occurs in the course of, or is otherwise related to, the activities of a gang.

No.
No.

6] Crime Control and Criminal Justice (Amendment) Act 2018 55 5C.-(1) This section applies in relation to an injunction under section 5B.

Contents of injunction.


(2) The prohibitions included in the injunction may, in particular, have the effectof prohibiting the respondent from - (a) being in a particular place; (b) (c) being with particular persons in a particular place; being in charge of a particular species of animal in a particular place; (d) wearing particular descriptions of articles of clothing in a particular place; (e) using the internet to facilitate or encourage violence.
(3) The requirements included in the injunction may, in particular, have the effect of requiring the respondent to - (a) (b) (c) notify the person who applied for the injunction of the respondent’s address and of any change to that address; be at a particular place between particular times on particular days; present himself or herself to a particular person at a place where he or she is required to be between particular times on particular days; (d) participate in particular activities between particular times on particular days.
56 Crime Control and Criminal Justice (Amendment) Act 2018 [No.

6 (4) A requirement of the kind mentioned in subsection (3)(b) may not be such as to require the respondent to be at a particular place for more than eight hours in any day.
(5) The prohibitions and requirements included in the injunction must, so far as practicable, be such as to avoid - (a) (b) any conflict with the respondent’s religious beliefs; and any interference with the times, if any, at which the respondent normally works or attends any educational establishment.

(6) Nothing in subsection (2) or (3) affects the generality of section 5B(4).

(7) In subsection (2) “place” includes an area.

Contents of injunctions: supplemental.


5D.-(1) This section applies in relation to an injunction under section 5B.

(2) The injunction may not include a prohibition or requirement that has effect after the end of the period of two years beginning with the day on which the injunction is granted (“the injunction date”).

(3) The Court may order the applicant and the respondent to attend one or more review hearings on a specified date or dates.
(4) If any prohibition or requirement in the injunction is to have effect after the end of the period of one year beginning with the injunction date, the Courtshall order the applicant and the respondent to attend a review hearing on a specified date within the last four weeks of the one No.

6] Crime Control and Criminal Justice (Amendment) Act 2018 57 year period (whether or not the Court orders them to attend any other review hearings).
(5) A review hearing is a hearing held for the purpose of considering whether the injunction should be varied or discharged.

(6) The Court may attach a power of arrest in relation to— (a) any prohibition in the injunction, or (b) any requirement in the injunction, other than one which has the effect of requiring the respondent to participate in particular activities.
(7) If the Court attaches a power of arrest, it may specify that the power is to have effect for a shorter period than the prohibition or requirement to which it relates.

5E.

An application for an injunction under section 5B may be made by the Regional Commander for a police area or his deputy not being below the rank of Superintendent.

Applications for injunctions under section 5B.

5F.-(1)Before applying for an injunction under section 5B, the applicant shall comply with the consultation requirement.
Consultation by applicants for injunctions.

(2) The consultation requirement is that the applicant shall consult— (a) the Commissioner of Police; and (b) any other body or individual that the applicant considers it appropriate to consult.

5G.-(1) An application under section 5B may be made without the respondent being given notice.

Applications without notice.

58 Crime Control and Criminal Justice (Amendment) Act 2018 [No.
6 (2) In this Part, such an application is referred to as an application without notice.

(3) Section 5F(1) does not apply in relation to an application without notice.

(4) If an application without notice is made, the Courtshall either - (a) grant the application; or (b) adjourn the proceedings.

(5) If the Court acts under subsection (4)(b), the applicant shall comply with theconsultation requirement before the date of the first full hearing.
(6) In this section “full hearing” means a hearing of which notice has been given to the applicant and respondent in accordance with rules of court.

5H.-(1) This section applies if - (a) (b) the Court adjourns the hearing of an application for an injunction under section 5B; and the respondent was notified of the hearing in accordance with rules of court.

(2) The Court may grant an interim injunction if it considers that it is just and convenient to do so.
(3) An interim injunction under this section may include any provision which the Court has power to include in an injunction granted under section 5B(including a power of arrest).

Interim injunctions: adjournment of on notice hearing.

No.
No.

6] Crime Control and Criminal Justice (Amendment) Act 2018 59 5I.-(1) This section applies if - (a) (b) an application without notice is made by virtue of section 5G; and the proceedings are adjourned (otherwise than at a full hearing within the meaning of that section).

Interim injunctions: adjournment of without notice hearing.

(2) The Court may grant an interim injunction if it considers that it is just and convenient to do so.
(3) An interim injunction under this section may not have the effect of requiring the respondent to participate in particular activities.

(4) Except as provided by subsection (3), an interim injunction under this section may include any provision which the Court has power to include in an injunction granted under section 5B (including a power of arrest).

5J.-(1) The Court may vary or discharge an injunction under this Part if - Variation or discharge of injunctions.
(a) a review hearing is held; or (b) an application to vary or discharge the injunction is made.

(2) An application to vary or discharge the injunction may be made by - (a) the person who applied for the injunction; (b) the respondent.

(3) The power to vary an injunction includes power to - 60 Crime Control and Criminal Justice (Amendment) Act 2018 [No.
6 (a) (b) (c) include an additional prohibition or requirement in the injunction; extend the period for which a prohibition or requirement in the injunction has effect (subject to section 5D(2); attach a power of arrest or extend the period for which a power of arrest attached to the injunction has effect.
(4) Section 5D(4) does not apply where an injunction is varied to include a prohibition or requirement which is to have effect as mentioned in that provision but the variation is made within (or at any time after) the period of 4 weeks mentioned in it.

(5) Before applying for the variation or discharge of an injunction, a person mentioned in subsection (2)(a) shall notify the persons consulted under section 5F(1) or 5G(5).

Arrest without warrant.


5K.-(1) This section applies if a power of arrest is attached to a provision of an injunction under this Part.

(2) A constable may arrest without warrant a person whom the constable has reasonable cause to suspect to be in breach of the provision.

(3) If a constable arrests a person under subsection (2), the constable shall inform the person who applied for the injunction.
(4) A person arrested under subsection (2) shall be brought before a relevant Judge within the period of 24 hours beginning with the time of the arrest.

No.

6] Crime Control and Criminal Justice (Amendment) Act 2018 61 (5) If the matter is not disposed of when the person is brought before the Judge, the Judge may remand the person.

(6) In calculating when the period of 24 hours mentioned in subsection (4) ends, Christmas Day, Good Friday and any Sunday are to be disregarded.
(7) In this Part “relevant Judge”, in relation to an injunction, means any Judge of the Supreme Court; 5L.-(1) This section applies in relation to an injunction under this Part.

Issue of warrant of arrest.

(2) If the person who applied for the injunction considers that the respondent is in breach of any of its provisions, the person may apply to a relevant Judge for the issue of a warrant for the arrest of the respondent.
(3) A relevant Judge may not issue a warrant on an application under subsection(2) unless the Judge has reasonable grounds for believing that the respondent is in breach of any provision of the injunction.

(4) If a person is brought before a Court by virtue of a warrant under subsection(3) but the matter is not disposed of, the Court may remand the person.

5M.-(1) This section applies in relation to a person who is brought before the relevantJudge or the Court under section 5J or 5K.
Remand for medical examination and report.

(2) If the relevant Judge or the Court has reason to consider that a medical report will be required, the Judge or the Court may remand the person under section5J (5) or (as the case may be) 5K(4) for the purpose of enabling a medical examination to take place and a report to be made.

62 Crime Control and Criminal Justice (Amendment) Act 2018 [No.
6 (3) If the person is remanded in custody for that purpose, the adjournment may not be for more than three weeks at a time.

(4) If the person is remained on bail for that purpose, the adjournment may not be for more than four weeks at a time.
(5) If the relevant Judge or the Court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Unsoundness of Mind Act, the Judge or the Court has the same power to make an order under section 17 of that Act (remand for report on accused’s medical condition) as the Court has under that section in the case of an accused person (within the meaning of that section).

Regulations.

5N.-(1) The Minister maymake regulations relating to injunctions under this Part.
(2) Before making regulations under this section the Minister shall consult the Chief Justice and such other persons as the Minister considers appropriate.

(4) The Minister shallcause any such regulations to be tabled ineach House of the National Assembly.
(5) Each of the following must have regard to any regulations made under this section - (a) a Regional Commander for a police area; or (b) deputy Regional Commander not below the rank of Superintendent, and the Commander Operations, Belize Police Department No.

6] Crime Control and Criminal Justice (Amendment) Act 2018 63 5O.-(1) Rules of Court may provide that any power conferred on the Court to grant, vary or discharge an injunction under this Part may beexercised by a Judge of that Court.

Supplemental.
Supplemental.

(2) Rules of Court may provide that an appeal from a decision of the Court to which this subsection applies may be made without notice being given to the respondent.

(3) Subsection (2) applies to a decision to refuse to grant an interim injunction under section 5H.

PART 1C Miscellaneous 5P.-(1)The jurisdiction of the Court to hear and determine indictable mattersunder Part IA,Part IB or this Part shall be exercised by a Judge sitting without a jury.

Trial Procedure.
(2) In the interest of the administration of justice, public safety, public order or public morality, theCourt hearing a case in the exercise of its jurisdiction under this Part may direct that (a) (b) the identity of any person, including a witness in the case, shall be protected in the manner specified by the Court; in relation to any witness called or appearing before the Court, the name, identity, and address of the witness and such other particulars concerning the witness, as in the opinion of the Court shall be kept confidential, shall not be published; or (c) no particulars of the trial other than the name of the accused, the offence charged and the 64 Crime Control and Criminal Justice (Amendment) Act 2018 [No.
6 verdict and sentence shall be published without the prior written approval of the Court.

(3) A person shall not publish any information in contravention of a direction under subsection (2).
(4) A person who contravenes subsection (3) commits an offence and shall be liable - (a) (b) on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment; or on conviction on indictment, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

Bail.

5Q.
Bail.

5Q.

In the interest of certainty, the Court shall afford bail to a person charged with an offence under Part 1B or 1C, in accordance with section 16 and 17.

Amendment of Schedule.

5R.

The Minister may by Order, subject to affirmative resolution, amend the Schedule.

PART 1D Prohibition against Weapons in Public Places Offences of having article with blade or point in public place.
6.-(1) Subject to the provisions of this section, any person who has,with him in a public place, an article to which this section applies- (a) between the hours of 8:00 pm and 5:00 am; (b) at any time in a gathering of people for political, social, sporting, cultural or other activities is guilty of an offence.

No.
No.

6] Crime Control and Criminal Justice (Amendment) Act 2018 65 (2) This section applies to any article- (a) which has a blade or is sharply pointed, except a folding pocket knife the cutting edge of which does not exceed three inches; or (b) which amounts to an offensive weapon as defined in this section.
(3) It shall be a defence for a person charged with an offence under this section to prove that he had the article with him for use at work or had other good reason or lawful authority for having the article with him in a public place.

(4) A person guilty of an offence under this section shall, unless any other penalty is specially provided, be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months.
(5) In this section - “offensive weapon” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use, but does not include a firearm subject to the Firearms Act; Cap.

143; “public place” includes any place to which at the material time the public have or are permitted access, whether on payment of a fee or otherwise.” 3.
The principal Act is amended by inserting next after section 27 the following as the Schedule- Insertion of Schedule.

66 Crime Control and Criminal Justice (Amendment) Act 2018 [No.

6 “SCHEDULE [Section 2] GANG-RELATED ACTIVITY–SERIOUS OFFENCES Possession of imitation firearms in pursuance of any criminal offence Theft of a motor vehicle Arson 1.

2.

3.

4.

Handling stolen goods 5.

6.

7.

8.

9.


Gang membership Coercing or encouraging gang membership Preventing gang member from leaving gang Participation in criminal activity in association with gang Possession of bullet-proof vest, firearm or ammunition for benefit of gang 10.

Harbouring or concealing gang members 11.

Recruiting gang members 12.

Threatening to publish with intent to extort 13.

Demanding money with menaces 14.

Murder No.


6] Crime Control and Criminal Justice (Amendment) Act 2018 67 15.

Shooting or wounding with intent to do harm, wounding, or grievous bodily harm 16.

Robbery, robbery with a firearm 17.

Aggravated assault with use of firearm 18.

Possession and use of a firearm or ammunition with intent to endanger life 19.

Possession of a firearm or ammunition without a licence 20.

Possession of a Controlled Drug With Intent to Supply 21.

Supplying a controlled drug 22.


Rape 23.

Kidnapping 24.

Kidnapping for ransom 25.

Knowingly negotiating to obtain a ransom 26.

Aggravated Burglary 27.

Aggravated Assault upon a law enforcement officer 28.
An attempt to commit any offence listed in this Schedule 4.-(1) The Minister shall,not later than three years after the commencement of this Act- (a) review the operation of the provisions of Parts 1A , 1B and 1C, introduced into the principal Act by this Act; and Review of operation of new Parts 1A, 1B and 1C of principal Act.

68 Crime Control and Criminal Justice (Amendment) Act 2018 [No.

6 (b) prepare and publish a report on the outcome of the review.
(2) The Minister shall lay the report before each House of the National Assembly.” Printed in Belize by the Government Printer