Belize 1981 Constitution (reviewed 2011) - Page 7 of 12

Table of Contents

PART VII. The Judiciary

93A. Magistracy

There shall be established in each judicial district of Belize a “Summary Jurisdiction Court” which shall have and exercise criminal jurisdiction, and a “District Court” which shall have and exercise civil jurisdiction.
The power and jurisdiction of a Summary Jurisdiction Court and a District Court shall be such as may from time to time be prescribed by the National Assembly by a law made in that behalf.
A magistrate shall be appointed by the Judicial and Legal Services Commission and shall, subject to any law passed by the National Assembly, be a qualified attorney-at-law.
A magistrate who is a qualified attorney-at-law shall have security of tenure and, subject to any compulsory retirement age for public officers, may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour.

94. Establishment of Supreme Court and Court of Appeal

There shall be for Belize a Supreme Court of Judicature and Court of Appeal.

95. The Supreme Court

The Supreme Court shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such jurisdiction and powers as may be conferred on it by this Constitution or any other law:Provided that the Supreme Court shall not have jurisdiction to hear and determine any application made by a person sentenced to death under any law after the expiration of one year from the passing of the sentence.
The justices of the Supreme Court shall be the Chief Justice and such number of other justices as may from time to time be prescribed by the National Assembly:Provided that the office of a justice shall not be abolished while there is a substantive holder thereof.
The Supreme Court shall be a superior court of record and, save as otherwise provided by any law, shall have all the powers of such a court.
The Supreme Court shall sit in such places as the Chief Justice may appoint.

96. Referral of certain questions to the Supreme Court and the Caribbean Court of Justice

Subject to the provisions of sections 33(2), 34(4), 54(18), 69(6), 80(4) and 123(3) of this Constitution, where any question as to the interpretation of this Constitution or the interpretation or application of the Treaty (as defined in section 131 of this Constitution) arises in any court of law established for Belize (other than the Supreme Court or the Court of Appeal), and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the Supreme Court.
Where any question is referred to the Supreme Court in pursuance of this section, the Supreme Court shall, subject to subsection (3) below, give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the Court of Appeal or the Caribbean Court of Justice, in accordance with the decision of the Court of Appeal or, as the case may be, the Caribbean Court of Justice.
Where the Supreme Court or the Court of Appeal is seised of an issue the resolution of which involves a question concerning the interpretation or application of the Treaty, the Supreme Court or the Court of Appeal, as the case may be, shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, refer the question to the Caribbean Court of Justice for determination before delivering judgment.

97. Appointment of Justices of Supreme Court

The Chief Justice shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition.
Justices of the Supreme Court other than the Chief Justice shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition.
A person shall not be qualified to be appointed as a justice of the Supreme Court unless-
1. he is qualified to practise as an attorney-at-law in a court in Belize or as an advocate in a court in any other part of the Commonwealth having unlimited jurisdiction either in civil or criminal causes or matters; and
2. he has been qualified for not less than five years so to practise in such a court.
If the office of Chief Justice is vacant or the Chief Justice is for any reason including his absence from Belize unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by the justice other than the Chief Justice, or if there be more than one then by such one of the justices as may for the time being be designated in that behalf by the Governor-General, acting in the manner prescribed in subsection (1) of this section.
If the office of any justice other than the Chief Justice is vacant or if any such justice is appointed to act as Chief Justice or is for any reason unable to perform the functions of his office or if the Chief Justice advises the Governor-General that the state of business in the Supreme Court so requires, the Governor-General, acting in the manner prescribed in subsection (2) of this section, may appoint a person who is qualified to be appointed as a justice of the Supreme Court to act as a justice of that court:Provided that a person may act as a justice notwithstanding that he has attained the age of sixty-five years.
Any person appointed under subsection (5) of this section to act as a justice shall, subject to the provisions of subsections (4) and (6) of section 98 of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor-General:Provided that, notwithstanding the expiration of the period of his appointment or the revocation of his appointment, he may thereafter continue to act as a justice for so long as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.

98. Tenure of office of Justices of Supreme Court

Subject to the following provisions of this section, a justice of the Supreme Court shall hold office until he attains the age of sixty-five years:Provided that-
1. he may at any time resign his office; and
2. the Governor-General-
  1. in the case of the Chief Justice, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition; and
  2. in the case of a Justice of the Supreme Court other than the Chief Justice, acting in accordance with the advice of the Judicial and Legal Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition,
  may appoint a person over the age of sixty-five years as Chief Justice of the Supreme Court, or may permit a Justice who attains the age of sixty-five years to continue in office, until, in either case, such person has attained any later age not exceeding seventy-five years.
Notwithstanding that he has attained the age at which he is required by or under this section to vacate his office, a person holding the office of a justice of the Supreme Court may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.
A justice of the Supreme Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
A justice of the Supreme Court may be removed from office if the question of his removal from office for inability to perform the functions of his office or for misbehavior has been referred to the Judicial and Legal Services Commission in writing and the Judicial and Legal Services Commission, after considering the matter, recommends in writing to the Belize Advisory Council that the question of removal ought to be investigated.
For the purpose of investigating the question of the removal of a Justice of the Supreme Court referred to it under subsection (4), the Belize Advisory Council shall:-
1. sit as a tribunal in the manner provided in section 54 of this Constitution; and
2. enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether the Justice of the Supreme Court should be removed from office in accordance with this section.
If the question of removing a justice of the Supreme Court from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the justice from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the justice should not be removed from office.
If the Belize Advisory Council advises the Governor-General that the Justice of the Supreme Court ought to be or not to be removed from office, the Governor-General shall not notify the Justice in writing accordingly.
The power to remove a Justice of the Supreme Court from office for inability to perform the functions of his office or for misbehaviour vest in the Governor-General, acting in accordance with this section.

99. Oath to be taken by Justices of Supreme Court

A justice of the Supreme Court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.

100. Appeals to Courts of Appeal

The Court of Appeal shall have such jurisdiction and powers to hear and determine appeals in civil and criminal matters as may be conferred on it by this Constitution or any other law.
The Judges of the Court of Appeal (hereinafter referred to as “Justices of Appeal”) shall be a President and such number of other Justices as may be prescribed by the National Assembly:Provided that the office of Justice of Appeal shall not be abolished while there is a substantive holder of that office.
The Court of Appeal shall be a superior court of record and, save as otherwise provided by any law, shall have all the powers of such a court.
The Court of Appeal shall sit in such places as the President may appoint.

101. Appointment of Justices of Appeal

The Justices of Appeal shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, for such period as may be specified in the instrument of appointment:Provided that where no period is specified in an instrument of appointment, such appointment shall be deemed to subsist until-
1. in the case of an instrument of appointment existing at the date of commencement of the Belize Constitution (Sixth Amendment) Act, 2008 – one year after such commencement;
2. in the case of an instrument of appointment issued after the commencement of the Belize Constitution (Sixth Amendment) Act, 2008 – one year after the date of issue of such instrument.
A person shall not be qualified to be appointed as a Justice of Appeal unless either-
1. he holds or has held office as judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or
2. he is qualified to practise as an attorney-at-law in a court in Belize or as an advocate in a court in any other part of the Commonwealth having unlimited jurisdiction in either civil or criminal causes or matters and has been so qualified for not less than fifteen years.
Any power exercisable by a single Justice of Appeal may, at any time when there is no such Justice present in Belize and able to perform the functions of his office, be exercised by a justice of the Supreme Court as if that justice were a Justice of Appeal.
If the office of the President is vacant or he is for any reason unable to perform the functions of his office, then until some other person has been appointed to or has been appointed to act in, and has assumed the functions of that office, or until the President has resumed those functions, as the case may be, those functions shall be performed by such one of the other Justices of Appeal as the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, may appoint for that purpose.
If the office of a Justice of Appeal other than the President is vacant, or if any such Justice is appointed to act as the President, or is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, may appoint a person possessing such legal qualifications and experience as he, after consultation with the President, may deem appropriate to be temporarily a Justice of Appeal.
Any person appointed under subsection (5) of this section to be temporarily a Justice of Appeal shall hold office until his appointment is revoked by the Governor-General.

102. Tenure of office of Justices of Appeal

Subject to the following provisions of this section, the office of a Justice of Appeal shall become vacant upon the expiration of the period of his appointment to that office or if he resigns his office:Provided that where no period is specified in an instrument of appointment, the office of a Justice of Appeal shall become vacant upon the expiry of the period specified in the Proviso to subsection (1) of section 101.
A Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
A Justice of the Court of Appeal may be removed from office if the question of his removal from office for inability to perform the functions of his office or for misbehaviour has been referred to the Judicial and Legal Services Commission in writing and the Judicial and Legal Services Commission, after considering the matter, recommends in writing to the Belize Advisory Council that the question of removal ought to be investigated.
For the purpose of investigating the question of the removal of a Justice of the Court of Appeal referred to it under subsection (3), the Belize Advisory Council shall:-
1. sit as a tribunal in the manner provided in section 54 of this Constitution; and
2. enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether the Justice of the Court of Appeal should be removed from office in accordance with this section.
If the question of removing a Justice of Appeal from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the Justice from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the Justice should not be removed from office.
If the Belize Advisory Council advises the Governor-General that the justice of the Court of Appeal ought to be or not to be removed from office, the Governor-General shall notify the Justice in writing accordingly.
The power to remove a Justice of the Court of Appeal from office for inability to perform the functions of his office or for misbehaviour vest in the Governor-General, acting in accordance with this section.

103. Oath to be taken by Justices of Appeal

A Justice of Appeal shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.

104. Appeals to the Caribbean Court of Justice

An appeal shall lie from final decisions of the Court of Appeal to the Caribbean Court of Justice as of right in the following cases-
1. in civil proceedings where the matter in dispute on appeal to the Caribbean Court of Justice is of the value of not less than $18,250 (or such other amount as may be prescribed by the National Assembly), or where the appeal involves directly or indirectly a claim or a question respecting property or a right of the aforesaid value;
2. in proceedings for the dissolution or nullification of marriage;
3. in any civil or criminal proceedings which involve a question as to the interpretation of this Constitution;
4. in respect of a matter where this Constitution expressly provides for an appeal from the decision of the Court of Appeal;
5. in any proceedings that are concerned with the exercise of the jurisdiction conferred upon the Supreme Court relating to redress for the contravention of the provisions of this Constitution for the protection of fundamental rights; and
6. in respect of any other matter as may be prescribed by law.
An appeal shall lie to the Caribbean Court of Justice with leave of the Court of Appeal from decisions of the Court of Appeal in the following cases-
1. final decisions in any civil proceedings where, in the opinion of the Court of Appeal, the question involved in the appeal is one that by reason of its general or public importance or otherwise, ought to be submitted to the Caribbean Court of Justice; and
2. such other cases as may be prescribed by the National Assembly.
Subject to subsections (1) and (2), an appeal shall lie to the Caribbean Court of Justice with the special leave of that Court from any decision of the Court of Appeal in any civil or criminal matter.
Nothing in this section shall apply to matters in relation to which the decision of the Court of Appeal was, at the time of the commencement of the Belize Constitution (Seventh Amendment) Act, 2010, declared to be final by any law.
The Caribbean Court of Justice shall, in relation to any appeal to it in any case, have all the jurisdiction and powers possessed in relation to the case by the Court of Appeal.
In the exercise of its appellate jurisdiction, the Caribbean Court of Justice is a superior court of record for Belize, with such jurisdiction and powers as are conferred on it by the Agreement or by this Constitution or any other law.
The provisions of this section shall not affect any proceedings pending before the Judicial Committee of the Privy Council immediately before the commencement of the Belize Constitution (Seventh Amendment) Act, 2010.
For the purposes of this section, proceedings shall be treated as pending where leave to appeal to the Judicial Committee of the Privy Council has been granted.
Any judgment of the Judicial Committee of the Privy Council which at the date of commencement of the Belize Constitution (Seventh Amendment) Act, 2010 has been given, but has not been satisfied, may be enforced after the said commencement as if it had been a judgment of the Caribbean Court of Justice.
Subject to the foregoing provisions of this section, the jurisdiction of Her Majesty in Council to hear appeals, applications and petitions from Belize is hereby abolished and all references to “Her Majesty in Council” or the “Privy Council” or the “Judicial Committee of the Privy Council” wherever occurring in this Constitution or in any other law, rule, regulation, order or instrument having effect as part of the law of Belize, shall be read and construed as references to the Caribbean Court of Justice.
If at any time after 1st day of June, 2010, the Caribbean Court of Justice ceases to exist or ceases to exercise its appellate jurisdiction, this section will automatically cease to apply and it will be open to the National Assembly to establish by law a final Court of Appeal for Belize, or to declare any other regional appellate tribunal to be the final Court of Appeal for Belize.