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PROCEDURE
RULES,
2016
CRIMINAL
PROCEDURE
RULES,
2016
CRIMINAL PROCEDURE RULES, 2016
The commencement of these Rules is subject to Rule 4.10, which provides that
the provisions relating to wasted costs shall not come into effect until 15th
September, 2016.
For all matters that were commenced in a Magistrates Court before 11th
January 2016, these Rules have persuasive effect.
These Rules are made with the approval of the Attorney-General as the
responsible Minister, as provided under
2 Criminal Procedure Rules 2016
PART 1
Jurisdiction
Overriding Objective
1.2 It is the duty of the Court and all parties and participants, where the
context so requires, to further the overriding objective.
1.3 The overriding objective of these Rules is that criminal cases be dealt
with justly and expeditiously.
Criminal Procedure Rules 2016 3
1.5 The Court shall sit between the hours of 9:00 a.m. and 4:30 p.m.
Monday to Friday with the exception of statutory holidays, unless
otherwise provided by Judges Rules or unless the Chief Justice or
a Judge or Magistrate presiding in any criminal proceeding directs
that any matter be heard at any other hour or on any other day.
1.7 The Court office shall be open to the public for the receipt of cash and
other payments between the hours of 8:30 a.m. and 3:00 p.m.,
except statutory holidays.
1.8 All and any records of the Court shall, if at all practicable, be created,
entered and maintained electronically.
Copies of orders
1.12 Any party to the proceedings shall be at liberty to file, via electronic
transmission, all and any documents for use and consideration by the
Court, including, inter alia, indictments, the case file, applications,
summonses and submissions.
Part 2
TIME LIMITS
Note: The Rules in this Part set down the maximum time-limits within which
every case should be disposed of. Every effort must still be made to dispose of
cases as soon as reasonably practicable, which in some cases will result in a
substantially quicker disposal.
2.1 (i) In cases where a Summons has been issued, the First
Hearing must take place within 28 days of the date of the
Summons. In cases where a Defendant is brought before
the Court after charge, the First Hearing must proceed
immediately.
(ii) Subject to Rule 2.5 (exception for expert reports), all case
files must be:
2.3 (i) In cases where a Summons has been issued, the First
Hearing must take place within 28 days of the date of the
Summons. In cases where a Defendant is brought before
the Court after charge, the First Hearing must proceed
immediately.
(ii) Subject to Rule 2.5 (exception for expert reports), all case
files must be:
8 Criminal Procedure Rules 2016
(ii) In the case of any matter involving DNA evidence, the case-
file must be:
Assignment of Counsel
Note: in line with Rule 8.1, the Magistrate must enquire at the First Hearing
whether or not the Defendant intends to obtain private legal representation in
capital cases and this information must be communicated to the Supreme Court
for assignment to take place where appropriate.
2.8 In the event that a Defendant is remanded to custody, his trial shall
be concluded,:
2.9 Where a Defendants trial has not been concluded within the
applicable custody time limit and where no application has been
made under Rule 2.10, the Court must immediately list the matter for
a custody time limit hearing and a bail application.
2.10 Where, for a reason within the control of the Prosecution, the
Defendants trial will not be concluded within the custody time limits,
Criminal Procedure Rules 2016 11
the Prosecution should list the case for an application to extend the
custody time limits. Save where the trial has already commenced, all
and any such applications shall be filed with the Court and served on
the Defendant and, where appropriate, his attorney no later than 21
days before the expiration of the operating time limit.
2.11 Upon such application being made the Court shall list the matter for
hearing on a date no later than 7 days before the expiration of the
operating custody time limit and notify the Office of the Director of
Public Prosecutions or Prosecution Branch, the Defendant and
where appropriate his attorney(s) of the date fixed.
2.12 The Court may extend the custody time limits beyond those set out
in Rule 2.8, if satisfied that:
(i) the custody time limit cannot, for good and justifiable reason,
be maintained; and
2.13 In any case where the Court extends the custody time-limit, the trial
must be concluded as soon as reasonably practicable and in any
event not later than the maximum time-limits prescribed in Rules
2.1(iii) (9 months for Magistrates Court) and 2.3(viii) (2 years for
Supreme Court).
2.14 Where the Court refuses to extend the custody time limit, the
Defendant shall be considered for release on bail, subject to such
conditions as are considered just and reasonable in the circumstances.
2.16 Save only in exceptional circumstances, where a trial has not been
concluded within the maximum time limits prescribed by Rules 2.1(iii)
(9 months for Magistrates Court) and 2.3(viii) (2 years for Supreme
Court), the Court must order that the case immediately proceed to
trial or that the matter be dismissed.
2.18 In every case where there has been an unreasonable failure to comply
with the time-limits set down in this Part or unreasonable delay for any
other reason, the court must consider the making of a costs order in
line with Rule 4.9.
Withdrawal/Discontinuation of Proceedings
2.19 (i) Rules 2.15 and 2.16 do not affect the rights of:
2.20 The time-limits set down in this Part do not apply to re-trials,
which:
PART 3
ADJOURNMENTS
3.3 (i) Where there have been two or more adjournments for the
same reason(s), the Court shall only grant a further
adjournment if exceptional circumstances are shown.
(iv) Unless the Court directs otherwise the Defendant shall attend
or be produced, as appropriate, at the hearing of the application
for an adjournment.
(iii) The more serious the charge, the more the public interest
demands that a trial take place;
(iv) The age of the virtual complainant and any other significant
witnesses;
Notes:
1. The overriding objective of these Rules is the just and expeditious disposal
of cases. This cannot be achieved by the Court readily granting adjournments
without good cause being shown. Particular care is required in respect of
applications that are made once a trial has been commenced and the general
presumption in such cases should always be against an adjournment being
granted.
16 Criminal Procedure Rules 2016
2. This Part applies equally to cases in which a Defendants attorney has failed
to attend. In line with Rule 4.6(vii), an attorney is obliged to notify the Court
immediately should they become aware of a conflicting fixture. A defendant is
not entitled to repeated adjournments to secure the right to legal representation;
R v Robinson (1985) 32 WIR 330, PC. The overriding consideration must be
the requirements of justice, for both the Prosecution and the defence; R v De
Oliveira [1997] Crim L.R. 600.
PART 4
CASE MANAGEMENT
(vii) giving any directions necessary for the fair and proper conduct
of the proceedings as early as possible; and
4.2 (i) The Court may give any direction and take any step to
manage a case actively, unless that direction or step would
be inconsistent with any enactment or these Rules.
4.4 All and any directions made by the Supreme Court in a matter which
is subsequently heard in a Magistrates Court shall continue to have
effect.
4.5 Any power to give a direction under this Part includes a power to vary
or revoke the direction.
(iii) inform the Court and each of the other parties promptly
of anything that may affect the date of trial or the progress
of the case;
4.8 (i) The Case Management Forms attached to these Rules must
be used by all parties.
4.9 (i) The Court shall have the power, in the circumstances set out
below, to order that the costs of and associated with any
wasted hearing shall be borne by a particular person or
party involved with the proceedings.
(ii) The Court shall only make a wasted costs order where the
wasted hearing has resulted from the improper, unreasonable
or negligent act or omission on the part of any person or party
involved with the proceedings.
(iii) The Court shall only make such costs orders if:
4.10 Rule 4.9 shall come into force on the 15th September, 2016 six
months from the commencement date of these Rules.
Notes:
1. The power to make a costs order can be exercised against any person or
party involved with the proceedings. This includes, but is not limited to, the
Police Department and its officers, the Office of the Director of Public
Prosecutions and its Crown Counsel, defence law firms or attorneys, forensic
services personnel or witnesses.
2. Before making a wasted costs order, it is important that the Court first
establishes who is responsible for the act or omission giving rise to the wasted
hearing.
PART 5
DISCLOSURE
5.1 At every First Hearing, the Prosecution must serve on the Court
and Defendant a copy of the summons / charge sheet and a fact
sheet outlining the nature of the case against him.
Note: the fact sheet is a document for administrative purposes only and is not
admissible in evidence at a subsequent trial or voir dire. Its contents should not
form part of the Magistrates consideration at Preliminary Inquiry.
(i) in the case of summary only matters, within eight weeks from
the date of the First Hearing;
Note: where the case file has not been completed within the time limits
prescribed above, police officers must submit to the prosecutor and disclose
to the Defendant as much of the case file as has been prepared (partial
disclosure).
5.5 (i) The Prosecution shall be liberty to file and serve any
additional evidence which may come into its possession and
Criminal Procedure Rules 2016 23
(ii) In the event that any such additional disclosure is made the
Court may, either of its own volition or upon application
made by or on behalf of the Defendant,
5.6 (i) Where, upon a written application from the defence, the
Court is satisfied that there is material that is relevant to the
case in possession of the Prosecution that has not been
disclosed, the Court shall order the disclosure of that
material.
(ii) All and any such orders shall be complied with within 14
days of the Courts decision.
5.7 All and any requests for disclosure shall be made as soon as
reasonably practicable after receipt of the disclosure from the
Prosecution.
Copies of Disclosure
5.9 (i) Where the Defendant intends to plead an alibi, he shall give
notice of the particular of this defence within 7 days from
the Preliminary Inquiry or service of the Notice of Additional
Evidence, as appropriate.
(ii) An alibi notice must include the name, address and contact
details of the witness or, if the name or address is not known
to the Defendant at the time he gives the notice, any information
in his possession which might be of material assistance in
finding the witness;
(iii) If the name or the address is not included in that notice, the
Defendant must thereafter continue to take all reasonable steps
to ensure that the name, address and contact details is
ascertained;
(iv) If the name, address and contact details are not included in that
notice, but the Defendant subsequently discovers the name,
address or contact details or receives other information which
might be of material assistance in finding the witness, he must
forthwith give notice of the name, address, contact details or
other information, as the case may be; and
Withholding of Disclosure
5.10 (i) Upon formal written application being received and good
cause being shown the Court may, at any time, order that
any disclosure provided for by these Rules shall be denied
or deferred or make any other order in respect of the same
as may be deemed appropriate.
PART 6
BAIL
6.2 (i) At the time of issuing an arrest warrant the Judge, Magistrate
or justice of the peace as the case may be, shall set terms
and conditions of bail (unless bail is denied) pending the
next hearing of the matter unless, by virtue of existing
legislation the granting of bail is prohibited or otherwise
limited.
6.3 (i) The Court Administrator shall prepare, by the first working
day in each month, a list of all persons who were remanded
into custody in the previous month by virtue of their inability
to satisfy the conditions of bail.
(iii) The Chief Justice shall cause the list to be reviewed by a Judge
or Magistrate who may, with or without application being
made by or on behalf of the Defendant, grant bail subject to
such conditions as seem just and reasonable in the circumstances,
save that no variation shall result in more onerous conditions
being imposed.
Note: Rule 2.9 requires the Court to immediately list a bail application where
a remanded Defendants trial has not been concluded within the custody time
limits.
(b) fix a date, time and place to hear the application; and
PART 7
COMMENCEMENT OF PROCEEDINGS
Summary Offences
Indictable/Hybrid Offences
Summons
(c) the date, time and Court venue at which the Defendant
is to appear in answer to the summons, which shall be not
less than 48 hours and not later than 28 days after the
date upon which the summons is issued; and
Service of Summons
7.6 Rules 7.5 and 7.6 shall apply mutatis mutandis to witness
statements.
(ii) In the event that an arrest warrant remains unexecuted for more
than 30 days, a Magistrate or Judge may require the
Commissioner of Police to report as to the status of the
unexecuted warrants and the efforts made to execute the same.
Case inactivation
PART 8
(ii) The First Hearing shall take place no later than 28 days
from the date of issue of the complaint / summons /
information.
(i) bail;
(iv) a trial;
Note: Rule 8.1(iii) to (v) does not apply in cases where a person pleads guilty
by post in accordance with section 41 of the Summary Jurisdiction (Procedure)
Act.
Entering Pleas
8.2 (i) For summary only matters, every Defendant shall be required
to enter a plea at the First Hearing.
Venue Hearing
8.3 (i) A Venue Hearing shall only take place in hybrid cases.
(iii) any issues of fact and law to be resolved and whether or not
a pre-trial hearing can be listed to determine these; and
8.6 The Magistrate shall list the matter for a trial to take place as soon
as reasonably practicable, having regard to the seriousness and
complexity of the case and, in any event, within the time limits
prescribed in Rules 2.1(iii) and 2.8 (6 months if person is in
custody and 9 months in all other cases).
8.8 (i) Before accepting a plea of guilty to any or all of the charges
the Magistrate must satisfy themselves, either by questioning
the Defendant personally or by calling upon counsel to lead
the questioning, that the Defendant committed the alleged
offence(s), that the plea is entered voluntarily and that it is
made with an appropriate understanding of the
consequences.
(iii) If a plea of guilty is not accepted the fact of the guilty plea
having been given shall not admissible as evidence in any
subsequent trial in respect of that alleged offence.
plea to an alternative offence, the Court shall list the case for a
hearing to take place in no later than 14 days.
Note: when accepting a guilty plea, the court must enquire whether that plea
was offered by the Defendant at an earlier stage in the proceedings. If so, the
Prosecution must explain why it was not reasonable for that offer to have been
accepted before.
Preliminary Inquiries
8.11 (i) The defence shall notify the Prosecution if the Preliminary
Inquiry is to be contested at least 7 days before it is due to
be heard;
(a) identify the next practicable sitting within which the case
might be heard;
(b) list the matter for Arraignment on the first day of that
sitting;
(f) notify the Defendant, orally and in writing, of the date for
the Arraignment hearing.
8.12 In capital cases, the Court must enquire whether the Defendant
intends to secure his own representation and this information must
be communicated to the Supreme Court at the same time as the
case file is transmitted to the Supreme Court in accordance with
Rules 2.2(iv) and 8.11.
8.13 As per Rule 2.3(v), the Magistrates Court shall, within 14 days
of the date upon which a case is committed to the Supreme Court,
send the case file to the Office of the Director of Public Prosecutions
and the Supreme Court.
PART 9
Priority Cases
(ii) All priority cases must be clearly labeled and the details
immediately notified to the Supreme Court or the Office of
the Director of Public Prosecutions, as appropriate.
(iii) Every effort shall be made to list priority cases for trial
within the same sitting to which the matter has been
committed.
(ii) All indictments shall be preferred and filed with the Court
as soon as reasonably practicable and in any event not later
than 3 days before the Arraignment hearing.
Signing of indictments
Filing of indictments
9.4 (i) All indictments shall be filed with the office of the Registrar
of the Supreme Court.
(ii) At the time of filing two copies shall be filed for use by the
Court, together with sufficient number of additional copies
to ensure service of the indictment on every Defendant.
Assignment of Counsel
9.7 Once counsel has been assigned to a case, recusal may only take
place following a hearing if the Court is satisfied that both
reasonable grounds exist and a suitably qualified alternative
counsel can be secured without delay.
Arraignment
9.8 On the first day of each Supreme Court sitting, the Arraignment
of all Defendants committed to that sitting shall take place.
9.9 (i) Before arraigning the Defendant, all parties shall indicate
their readiness for arraignment through the completion of a
case management form.
40 Criminal Procedure Rules 2016
(b) the plea process and the right to reduction in sentence for
a guilty plea;
(c) that if the Defendant pleads not guilty the case will be
scheduled for trial to be heard before a judge alone or
jury, as appropriate; and
(ii) the date and method for Prosecution disclosure (in accordance
with Rules 5.2 and 5.4);
(iv) any issues of fact and law to be resolved and whether or not
a pre-trial hearing can be listed to determine these;
(vii) the estimated length of trial, including the likely length of witness
examinations; and
Guilty Pleas
(iii) If a plea of guilty is not accepted the fact of the guilty plea having
been given shall not be admissible as evidence in any subsequent
trial in respect of that alleged offence.
42 Criminal Procedure Rules 2016
Note: when accepting a guilty plea, the court must consider whether that plea
has been offered by the Defendant at an earlier stage in the proceedings. If so,
the Prosecution will be required to explain why it was not reasonable for that
plea to have been entered at that earlier stage.
9.17 The Court shall follow any Judges Rules that are in force in
respect of sentence indication hearings.
PART 10
Agreed Evidence
Note: the starting point for the Prosecution should be to read all depositions
into evidence. It should only be in respect of those witnesses who provide such
Criminal Procedure Rules 2016 43
material evidence that without the giving of live evidence the prosecution case
might be weakened, that consideration should be given to calling them in
person.
10.1 Before trial, all parties must carefully consider whether or not the
contents of a witness deposition are agreed, in which case the
physical attendance of a witness at trial will ordinarily be
unnecessary. Even where a witness gives material evidence, the
interests of justice may not be served in requiring that witness to
attend trial.
10.4 The Defendant is entitled, but not required, to share the depositions
on which he intends to rely as part of his defence case with the
Prosecution. The Prosecution must consider whether or not they
can agree the statement for it to be read into evidence if shared.
Note: failure to file admissions with the Court within the time-limit set down by
Rule 10.5 will not prohibit admissions from being adduced into evidence. This
form of agreed evidence should be utilized wherever possible in criminal trials.
44 Criminal Procedure Rules 2016
Interpretation
10.6 Subject to the following and unless the context otherwise requires,
the Interpretation Act shall apply to these Rules:
Court except where specifically stated means the Supreme Court and a
Magistrates Court, acting in the exercise of its criminal jurisdiction, and
includes the Judge or Magistrate;
Family Court means a Family Court established under the Family Courts Act
(Chapter 93 of the Substantive Laws of Belize, Revised Edition 2011);
hybrid offence means any offence that may be tried in either the Magistrates
Court or the Supreme Court;
indictable offence means any offence that is to be tried in the Supreme Court;
the Prosecution includes any person or party involved with the prosecution
of the case;
summary only offences are those triable only in a Magistrates Court; and
APPENDIX 1
SUMMARY OF
TIME LIMITS
FOR CRIMINAL
PROCEEDINGS
Criminal Procedure Rules 2016 47
48 Criminal Procedure Rules 2016
Criminal Procedure Rules 2016 49
50 Criminal Procedure Rules 2016
Criminal Procedure Rules 2016 51
APPENDIX 2
CASE MANAGEMENT
FORMS
52 Criminal Procedure Rules 2016
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54 Criminal Procedure Rules 2016
Criminal Procedure Rules 2016 55
56 Criminal Procedure Rules 2016
Criminal Procedure Rules 2016 57
58 Criminal Procedure Rules 2016
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60 Criminal Procedure Rules 2016
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