Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694572871062.pdf (Belize)
Senior Courts BELIZE: SENIOR COURTS (AMENDMENT) ACT, 2023 ARRANGEMENT OF CLAUSES 1.

2.

Short title.

Repeal of section 225.

3.

Amendment of Schedule II.

BELIZE: Senior Courts BILL for AN ACT to amend the Senior Courts Act, Act No.

27 of 2022 of the Substantive Laws of Belize; to remove provisions relating to the assignment of attorneys-at-law by the court to provide legal aid services; and to provide for matters connected therewith or incidental thereto.
(Gazetted ................................., 2023) 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: Short title.

1.

This Act may be cited as the SENIOR COURTS (AMENDMENT) ACT, 2023, 27 of 2022. and shall be read and construed as one with the Senior Courts Act which is hereinafter referred to as the principal Act.

Repeal of section 225.

Amendment of Schedule II.

2.

3.


Section 225 of the principal Act is repealed.

The principal Act is amended in Schedule II as follows– (a) in Order III, rule 1, by inserting the words “1A,” after the words “Form 1”; (b) by repealing rule 13 of Order III; (c) in Appendix C– (i) by inserting immediately after Form No.

1 in the Index of Forms, the following– “1A.

Order III r.1.
Order III r.1.

Notice of Grounds of Appeal” (ii) by repealing Criminal Form 1 and substituting it with the following– “CRIMINAL FORM 1 O.III, rr.

1 & 15 Senior Courts IN THE COURT OF APPEAL Notice of Appeal or Application for Leave to Appeal Against Conviction or Sentence Criminal Appeal No ........of 20......... TO THE CHIEF REGISTRAR OF THE COURT OF APPEAL Name of appellant ..........................................................
Convicted at the (1)........................held at....................... Offence of which convicted (2).......................................

Sentence...........................................................................

Date when convicted (3).................................................

Date when sentence passed (3)....................................... Name of Prison (4)..........................................................
I, the above-named appellant, hereby give you notice that I desire to appeal to the Court of Appeal against my (5)....................... on the grounds hereinafter set forth on page 2 of this notice.

(Signed) (6)............................................................ ................................................Appellant DATED this (7)................... day of…………….20.................

QUESTIONS (8) 1.
QUESTIONS (8) 1.

Did the judge before whom you were tried grant you a certificate that it was a fit case for appeal?

.......................................... 2.

Is any attorney-at-law now acting for you?

If and so, address................................................................... name give his 3. considers ................................................................................ Do you desire to be present when the Court appeal?
your (9) Senior Courts 4. witnesses on ....................................................................... Do you desire to apply for leave to call any appeal?

your If your answer to this question is “Yes”, you must also fill in Form this send notice........................................... with and 22 it Grounds of Appeal or Application (10) (1) Criminal Sessions.

(2) e.g.

Larceny, Forgery.

(3) Set out the actual date upon which the appellant was convicted.
(4) If not in custody, here set out appellant’s address in full.

(5) If the appellant wishes to appeal against conviction he must write the word “conviction.” If he wishes to appeal against sentence he must write the word “sentence.” If he wishes to appeal against both conviction and sentence he must write the words “conviction and sentence”.

(6) This notice must be signed by the appellant.

If he cannot write he must affix his mark in the presence of a witness.
The name and address of such attesting witness must be given.

(7) If this notice is signed more than twenty-one days after conviction or sentence appealed against the appellant must also fill in Form 2 and send it with this notice.

(8) The appellant must answer each of these questions.

(9) An Appellant is not entitled to be present on the hearing of an application for leave to appeal.

(10) These must be filled in before the notice is sent to the Chief Registrar.
The appellant must here set out the grounds or reasons he alleges why his conviction should be quashed or his sentence reduced.

Senior Courts If one of the grounds set out is “misdirection” by the judge, particulars of such alleged misdirection must be set out in this notice.
The appellant can also, if he wishes, set out, in addition to his above reasons, his case and argument fully.”; and (iii) by inserting immediately after Criminal Form 1 the following– “CRIMINAL FORM IA O. III, r. 1 IN THE COURT OF APPEAL Notice of Grounds of Appeal Against Conviction or Sentence Criminal Appeal No............ of 20............ TO THE CHIEF REGISTRAR OF THE COURT OF APPEAL: I, ................................................................... having been convicted of the offence of......................................................................................................... And being now a prisoner in............................................................................ (or* now living at …......................................................................................... do hereby give you Notice of the Grounds of Appeal against my conviction or sentence relied on, that is to say Where appellant for any reason is not in custody.
Grounds of Appeal .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... (Signed) ………………………….. Appellant (Or Mark) …….…………………… ………………………… ……………….…………………………………… Signature and address of witness attesting mark Senior Courts DATED this .....................day of......................20........... (1) The appellant must file this notice (a) within 21 days after receipt of (i) (ii) a copy of the record from the Registrar which shall include a copy of the judge’s summing up; or a copy of the order against which he desires to appeal and the judgement on which it was based and the judge’s notes of evidence, if any, or (b) within the extended period of time granted on application for extension of time to file notice of grounds of appeal.
(2) (3) (4) The appellant must set out the grounds or reasons he alleges why his conviction should be quashed or his sentenced reduced.

The appellant must ensure that his grounds of appeal have merit and substance and are not petty or intended to cause annoyance.

If one of the grounds set out is misdirection by the judge, the appellant must set out particulars of such alleged misdirection in this notice.
(5) The appellant may, in addition to his above reasons, set out his case and arguments fully.” (iv) by repealing Criminal Form 25 and substituting it with the following– “CRIMINAL FORM 25 O. IV, R. 6 (2) IN THE COURT OF APPEAL Notice of Appeal or Application for Leave to Appeal from an Order of the High Court made upon Appeal under section 208 of the Act Senior Courts Criminal Appeal No..........of 20...........
Between ......................... (Prosecutor/Defendant) Appellant(s) ........................ (Prosecutor/Defendant)* and Respondent(s) To the Chief Registrar of the Court TAKE NOTICE that the Prosecutor/Defendant* Appellant desires to appeal against the judgment/order that part of the judgment/order* more particularly stated in paragraph 2 hereof contained in a judgment/order of the High Court dated the ..........................day of....................... 20…........ upon the grounds set out in paragraph 3 and will at the hearing seek the order set out in paragraph 4.
AND the Appellant further states that the names and addresses, including his own, of the persons directly affected by the appeal are those set out in paragraph 5.

2.

(State the offence or misconduct, the subject of the criminal cause or matter, and, the finding and sentence or order of the inferior court and of the High Court thereon.)

3.

(a) (State whether appeal is brought under paragraph (b) of section 211(1) of the Act, and, if so, state the grounds.)
(b) (If not under section 211(1)(b), state the ground of law.)

4.

(State the order sought from the Court of Appeal).

5.

Persons directly affected by the appeal.

Name Address (1) (2) (3), etc.

Questions to be answered by the appellant (only to be answered by a prosecutor-appellant) *Strike out words inapplicable.

Senior Courts A.

Has the High Court granted leave to appeal?

If so, attach the Certificate of the Registrar of the High Court to this Form.

B.

Is the defendant-respondent in custody?


If so, in what prison?

(only to be answered by a defendant-appellant) Questions Answers 1.

Is any attorney-at-law now acting for you?

..................................

If so, give his name and address .................................. 2.

Are you in custody?

..................................


If so, state, (a) the Prison .................................. (b) whether you desire to be present when the Court hears your appeal ..................................

DATED this .....................day of……………20............. (Signed)....................................................... Appellant (s).”.