Indictable Procedure

BELIZE:

BILL

for

AN ACT to amend the Indictable Procedure Act, Chapter 96 of

the Laws of Belize, Revised Edition 2000-2003, to provide for
trial without a jury in certain criminal cases; and to provide for
matters connected therewith or incidental thereto.

(Gazetted……………….,
2011)

BE IT ENACTED, by and with the advice and consent of the

House of Representatives and the Senate of Belize and by the
authority of the same, as follows:-

Short title. 1. This Act may be cited as the

INDICTABLE PROCEDURE (AMENDMENT)

ACT, 2011,

CAP. 96 and shall be read and construed as one with the Indictable
Act 11/2009
Procedure Act which, as amended, is hereinafter referred to as the
principal Act.

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Amendment of 2. Section 65 of the principal Act is hereby amended in

section 65.
subsection (2) thereof by adding the words “Subject to sections
65A to 65E below” at the commencement of that subsection.
Addition of
sections 65A
to 65E. 3. The principal Act is hereby amended by inserting after
section 65 the following new sections:-

“Trial without a 65A. (1) Nothwithstanding anything contained in

jury in certain
cases. this Act, the Criminal Code, the Juries Act or any
other law or rule of practice to the contrary, every
CAP 96
CAP 101
CAP 128
person who is committed for trial or indicted, either
alone or jointly with others, for any one or more of
the offences set out in subsection (2) of this section
shall be tried before a judge of the court sitting alone
without a jury, including the preliminary issue (if
raised) of fitness to plead or to stand trial for such
offences.

(2) The offences referred to in subsection (1)

are –

(a) Murder,

(b) Attempt to murder,

(c) Abetment of murder, and

(d) Conspiracy to commit murder.

(3) In an indictment charging an accused

person with any of the offences specified in

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subsection (2) above, no other count for an offence

not referred to in the said subsection shall be added.

Application to the
court for trial 65B. (1) In any other case not falling within the
without a jury in
other cases. scope of section 65A above, the prosecution may
apply to the judge for the trial to be conducted
without a jury on any one or more of the grounds set
out in subsection (2) below.

(2) The grounds for making the application

referred to in subsection (1) above are the
following:-

(a) that in view of the nature and

circumstances of the case, there is a
danger of jury tampering or the
intimidation of jurors or witnesses; or

(b) that a material witness is afraid or

unwilling to give evidence before a jury;
or

(c) that the case involves a criminal gang

element and would be properly tried
without a jury; or

(d) that the complexity of the trial or the

length of the trial (or both) is likely to
make the trial so burdensome to the jury

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that the interests of justice require that

the trial should be conducted without a
jury.

(3) Without prejudice to subsections (1) and

(2) of this section, any person charged with an
offence not falling within the scope of section 65A
above, may apply to the judge for the trial to be
conducted without a jury on the ground that in view
of the pre-trial publicity attracted by the case, he is
unlikely to have a fair trial with a jury.

(4) Every application made in pursuance of

subsection (1) or (3) of this section shall be heard
and determined by the judge in the absence of the
jury and both the prosecution and the accused person
shall be given an opportunity to make representations
with respect to the application.

(5) If the judge is satisfied that the relevant

ground as specified in subsection (2) or (3) of this
section, as the case may be, has been established, he
shall make an order that the trial shall be conducted
without a jury, including the preliminary issue (if
raised) of fitness to plead or to stand trial, but if he is
not so satisfied he shall refuse the application:

Provided that where the application is made by

an accused person pursuant to subsection (3) of this
section and there are other persons jointly charged

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with him, the judge shall not make an order for the
trial to be conducted without a jury unless all the
accused persons so jointly charged agree.

(6) No appeal shall lie against the order of

the judge granting or refusing the application for the
trial to be conducted without a jury.

Judge to give
reasons for 65C. (1) Where a trial is conducted without a
conviction or
acquittal and right jury, the judge shall, at the conclusion of the trial,
of appeal.
give a written judgment stating the reasons for the
conviction or acquittal of the accused person (as the
case may be) at, or as soon as reasonably practicable
after, the time of conviction or acquittal.

(2) The date of the judgment referred to in

subsection (1) above shall be deemed to be the date
of conviction or acquittal of the accused person.

(3) An appeal shall lie to the Court of

Appeal, at the instance of the accused person or the
prosecution, from the decision of the judge given
under subsection (1) of this section, convicting or
acquitting the accused person.

Judge to have
powers of jury in
65D. Where a trial is conducted without a jury, the
trials without a
jury.
judge shall have all the power, authority and
jurisdiction which he would have had if the trial had
been conducted with a jury, including the power to

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determine any question and to make any finding

which would have been required to be determined or
made by a jury.
Construction of
references. 65E. (1) Except where the context otherwise
requires, a reference in this Act or any other law to a
jury, the verdict of a jury or the finding of a jury
shall be read, in relation to a trial conducted without
a jury, as a reference to the judge, the verdict of the
judge or the finding of the judge.

(2) Without prejudice to subsection (1)

above, where a trial is conducted without a jury
under section 65A or section 65B, the provisions of
this Act or any other law, insofar as they are
predicated on a trial with a jury, shall not apply or
shall be read and construed with such modifications,
adaptations, qualifications and exceptions as may be
necessary to bring them into conformity with a trial
by a judge sitting alone without a jury.”

Application.
4. This Act shall apply to all cases where an accused person is
committed for trial after the coming into force of the Indictable
Act No__ of
2011. procedure (Amendment) Act, 2011.

Commencement.
5. This Act shall come into force on a day to be appointed by
the Prime Minister by Order published in the Gazette.

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_________ . _________