Chapter+4+of+laws+of+Belize

**PART II ** **//Protection of Fundamental Rights and Freedoms //** 3. Whereas every person in Belize is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely- //(a) // life, liberty, security of the person, and the protection of the law; //(b) // freedom of conscience, of expression and of assembly and association; //(c) // protection for his family life, his personal privacy, the privacy of his home and other property and recognition of his human dignity; and //(d) // protection from arbitrary deprivation of property, the provisions of this Part shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. 4.-(1) A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under any law of which he has been convicted. (2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable- //(a) // for the defence of any person from violence or for the defence of property; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(b) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(c) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> for the purpose of suppressing a riot, insurrection or mutiny; or //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(d) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> in order to prevent the commission by that person of a criminal offence, <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">or if he dies as the result of a lawful act of war. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">5.-(1) A person shall not be deprived of his personal liberty save as
 * <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">Chapter 4 of the Laws of Belize - THE CONSTITUTION OF BELIZE **

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> may be authorised by law in any of the following cases, that is to say: - //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(a) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for Belize or some other country, in respect of a criminal offence of which he has been convicted; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(b) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> in execution of the order of the Supreme Court or the Court of Appeal punishing him for contempt of the Supreme Court or the Court of Appeal or of another court or tribunal; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(c) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(d) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> for the purpose of bringing him before a court in execution of the order of a court; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(e) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">upon a reasonable suspicion of his having committed, or

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> being about to commit, a criminal offence under any law; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(f) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period end- ing not later than the date when he attains the age of eighteen years; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(g) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">for the purpose of preventing the spread of an infectious or contagious disease;

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> //(h)// in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(i) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> for the purpose of preventing his unlawful entry into Belize, or for the purpose of effecting his expulsion, extradition or other lawful removal from Belize or for the purpose of restraining him while he is being conveyed through Belize in the course of his extradition or removal as a convicted prisoner from one country to another; or

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> (j) to such extent as may be necessary in the execution of a lawful order requiring him to remain within a specified area within Belize, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining him during any visit that he is permitted to make to any part of Belize in which, in consequence of any such order, his presence would otherwise be unlawful. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(2) Any person who is arrested or detained shall be entitled- //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(a) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> to be informed promptly, and in any case no later than forty- eight hours after such arrest or detention, in a language he un- derstands, of the reasons for his arrest or detention; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(b) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">to communicate without delay and in private with a legal prac- titioner of his choice and, in the case of a minor, with his par- ents or guardian, and to have adequate opportunity to give instructions to a legal practitioner of his choice; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(c) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> to be informed immediately upon his arrest of his rights under paragraph (b) of this subsection; and //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(d) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> to the remedy by way of habeas corpus for determining the validity of his detention. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(3) Any person who is arrested or detained- //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(a) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> for the purpose of bringing him before a court in execution of the order of a court; or //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(b) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law, <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after such arrest or detention. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(5) If any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall, unless he is released, be entitled to bail on reasonable conditions. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting: <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">Provided that no person shall be liable for any act done in the performance of a judicial function for which he would not be liable apart from this subsection. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(7) For the purposes of subsection (1)(a) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in consequence of such a verdict shall be regarded as detention in

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> execution of the order of a court. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">9.-(l) Except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision- //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(a) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> that is required in the interests of defence, public safety, public order, public morality, public health, town and country plan- ning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(b) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> that is required for the purpose of protecting the rights or free- doms of other persons; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(c) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> that authorises an officer or agent of the Government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or to that authority or body corporate, as the case may be; or //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(d) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">that authorises, for the purpose of enforcing the judgment or order of the court in any civil proceedings, the search of any person or property by order of a court or entry upon any pre- mises by such order. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">10.-(l) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Belize, the right to reside in any part of Belize, the right to enter Belize, the right to leave Belize and immunity from expulsion from Belize. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(2) Any restriction on a person’s freedom of movement that is in-

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> volved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision- //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(a) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">for the imposition of restrictions on the movement or residence within Belize of any person or on any person’s right to leave

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> Belize that are required in the interests of defence, public safety or public order;

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> //(b)// for the imposition of restrictions on the movement or resi- dence within Belize or on the right to leave Belize of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or, in respect of the right to leave Belize, of securing compliance with any international obligation of the Government; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(c) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> for the imposition of restrictions, by order of a court, on the movement or residence within Belize of any person or on any person’s right to leave Belize either in consequence of his having been found guilty of a criminal offence under a law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradi- tion or lawful removal from Belize; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(d) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Belize; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(e) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> for the imposition of restrictions on the acquisition or use by any person of land or other property in Belize; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(f) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> for the imposition of restrictions on the movement or resi- dence within Belize or on the right to leave Belize of any of- ficer in the public service that are required for the proper per- formance of his functions; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(g) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">for the removal of a person from Belize to be tried or pun- ished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in res- pect of a criminal offence under a law of which he has been convicted; or //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(h) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> for the imposition of restrictions on the right of any person to leave Belize that are required in order to secure the fulfilment of any obligation imposed on that person by law. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(4) If any person whose freedom of movement has been restricted <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">by virtue of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than twenty-one days after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who are legal practitioners. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(5) On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">36.-(l) The executive authority of Belize is vested in Her Majesty. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(2) Subject to the provisions of this Constitution, the executive authority of Belize may be exercised on behalf of Her Majesty by the Governor-General either directly or through officers subordinate to him. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(3) Nothing in this section shall prevent the National Assembly from conferring functions on persons or authorities other than the Governor-General. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">37.-(l) There shall be a Prime Minister of Belize who shall be appointed by the Governor-General. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(2) Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a member of the House of Representatives who is the leader of the political party which commands the support of the majority of the members of that House; and if no political party has an overall majority, he shall appoint a member of that House who appears to him likely to command the support of the majority of the members of that House. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(3) If occasion arises for making an appointment to the office of Prime Minister while the National Assembly is dissolved, then, notwithstanding the provisions of subsection (2) of this section, a person who was a member of the House of Representatives immediately before the dissolution may be appointed as Prime Minister. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(4) The Governor-General shall remove the Prime Minister from office if a resolution of no confidence in the Government is passed by the House of Representatives and the Prime Minister does not within seven days either resign from his office or advise the Governor-General to dissolve the National Assembly. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(5) The office of Prime Minister shall also become vacant- //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(a) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> if the holder of the office ceases to be a member of the

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> House of Representatives otherwise than by reason of the dissolution of the National Assembly; //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(b) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> if, by virtue of section 59(3) of this Constitution, he is required to cease to perform his functions as a member of the House; or //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(c) //<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> if he is informed by the Governor-General that the Governor-General is, in accordance with subsection (2) or (3) of this section, about to reappoint him as Prime Minister or to appoint another person as Prime Minister. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">(6) In exercise of the powers conferred on him by this section the Governor-General shall act in his own deliberate judgment.