The Belizean Judiciary: Function And Process

The Belize judicial system is based on the common law of England, with local legislation. The judiciary is independent and consists of the Magistrate's Courts, the Supreme Court, and the Court of Appeal. The Supreme Court, presided over by a Chief Justice, hears serious civil and criminal cases before a judge and jury. The Court of Appeal generally sits four times a year and hears appeals from the lower courts. The High Court of Belize, headed by the Chief Justice, has jurisdiction over civil and criminal matters and appeals from lower courts. The country is divided into three districts for judicial convenience and citizen participation as jurors.

Belize's Supreme Court

Belize's judicial system is based on English Common Law, with the Supreme Court, the Court of Appeal, and magistrates' courts. The Supreme Court is one of three types of courts in Belize, with the lower courts being the magistrates' courts and the Court of Appeal. The Supreme Court of Judicature of Belize is a court of original jurisdiction in both civil and criminal cases, as well as an appellate court. It is governed by the Supreme Court of Judicature Act (SCJA).

The Supreme Court consists of three judges: the Chief Justice, appointed by the Governor-General on the advice of the Prime Minister, and two other judges, known as Puisne Justices, who are directly appointed by the Prime Minister. The Chief Justice has overall responsibility for the administration of justice in Belize. The Supreme Court has unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law. In its criminal jurisdiction, a Judge sits with a jury of 12 members for capital offence cases and 9 members for non-capital offence cases.

The Supreme Court holds four sessions per year in each of the three districts, for a total of twelve sessions. The districts are:

• The Northern District, comprising Corozal District and Orange Walk District; the Supreme Court sits at the Court House in Orange Walk Town.
• The Central District, comprising Belize District and Cayo District; the Supreme Court sits at the Court House in Belize City and in Belmopan City.
• The Southern District, comprising Stann Creek District and Toledo District; the Supreme Court sits at the Court House in Dangriga Town and Punta Gorda Town.

The Supreme Court of Belize has had Chief Justices not only from Belize and other Caribbean countries but also from Sierra Leone, Uganda, and Palestine.

Court of Appeal

The Court of Appeal in Belize was established under section 94 of the Constitution of Belize and Chapter 4 of the Laws of Belize, Revised Edition, 2000. The Court of Appeal exercises an appellate jurisdiction with the power to hear and determine appeals in both civil and criminal matters. The Court of Appeal sits in Belize around three to four times a year, in March, June, and October. The duration of each session depends on the number of matters scheduled for hearing, with each session lasting around three weeks. The first two weeks of the session are primarily dedicated to the hearing of criminal appeals. A panel of three judges presides at any one time upon the hearing of any civil or criminal matter.

The Court of Appeal is made up of four judges, including the President, who is a resident Belizean, and three other judges, two of which are from the Commonwealth Caribbean. Justices of Appeal hold office, subject to removal for inability or misbehaviour, until the expiration of their periods of appointment or until resignation. The qualification for appointment as a Justice of the Court of Appeal is 15 years of standing as an attorney-at-law, holding office as a judge of a court of unlimited jurisdiction in civil and criminal matters, or of a court having appellate jurisdiction from any such court.

The Court of Appeal is located at 1 Treasury Lane, Belize City, Belize. The Office of the Deputy Registrar (Court of Appeal) can be contacted via email at [email protected].

Magistrates' courts

Belize's judicial system is based on English Common Law, with the Supreme Court, the Court of Appeal, and magistrates' courts.

Any action by an individual that appears to contravene the Laws of Belize is first brought before a Magistrates' Court. If the offence is a summary conviction offence, the case will be decided in the Magistrates' Court, with the magistrate empowered to pass sentences that may include fines and imprisonment. If a case is of an indictable nature or is very serious, such as attempted murder, murder, or rape, a magistrate will hear evidence by way of a preliminary inquiry. If there is sufficient evidence to support the charge, the case will be sent to the Supreme Court, where a judge and jury will hear the case and make final determinations of guilt or innocence.

The Magistrates' Court also has a civil jurisdiction and hears and determines matters of certain disputes between private individuals. The court operates with the intent to provide the community with equal and impartial access to judicial services, ensuring the preservation of judicial independence and the protection of individual rights.

Civil and criminal cases

Belize's justice system is based on English Common Law, with the Supreme Court, the Court of Appeal, and magistrates' courts. The Supreme Court hears serious civil and criminal cases before a judge and jury. The Court of Appeal generally sits four times a year and hears appeals from the Supreme Court.

The country is divided into three judicial districts: the Northern, Southern, and Central districts. Each district has a Summary Jurisdiction Court, which hears criminal cases, and a District Court, which hears civil cases. These courts are considered magistrates' courts as their presiding official is a magistrate. They have jurisdiction over less serious civil and criminal cases but must refer more serious cases to the Supreme Court.

The Supreme Court has unlimited original jurisdiction in civil and criminal proceedings and can hear and determine any civil or criminal proceedings under any law. In criminal cases, the judge sits with a jury of 12 members for capital offence cases and 9 members for non-capital offence cases. The Supreme Court also hears appeals from the magistrates' courts.

The Court of Appeal exercises appellate jurisdiction over both the High Court and Magistracy and has the power to hear and determine appeals in civil and criminal matters. The court is established with a President and three Justices of Appeal, but only a panel of three Justices sits at any one time.

Jury trials

Belize's judicial system is based on English Common Law, and the country's Supreme Court hears serious civil and criminal cases before judges and juries. The Court of Appeal sits four times a year, and the Caribbean Court of Justice in Trinidad and Tobago is the final court of appeal.

The Supreme Court has original jurisdiction to hear and determine any civil or criminal proceedings under any law. In criminal cases, a judge sits with a jury of 12 members for capital offence cases and 9 members for non-capital offence cases. The country is divided into three districts for jury selection: the Northern, Southern, and Central districts. This ensures the participation of citizens from across the country, allowing accused persons to be truly tried by their peers, a fundamental principle of the jury trial system.

The Juries Act, Chapter 128 of the Laws of Belize, outlines the qualifications, exemptions, and procedures for jury service. To be eligible for jury duty, individuals must be qualified to vote in House of Representatives elections, have an annual income of at least $600, and occupy premises for business or residential purposes with an annual value of at least $200. Additionally, jurors must be between 18 and 60 years of age, be able to speak, read, and write English, and not have a conviction for an offence punishable by more than six months' imprisonment within the previous five years.

Certain individuals are exempt from jury service, including judicial officers, members of the National Assembly, military and defence personnel, government staff, ministers of religion, vowed members of religious orders, school teachers, legal and medical professionals, and members of the media, among others.

During jury selection, the Proper Officer prepares jury lists for each district, including information such as full names, professions, and residences of potential jurors. The revising officer then reviews and revises these lists, allowing individuals to claim exemptions or make changes. The final jury lists are published and exhibited publicly.

When a jury is empaneled for a trial, the Registrar summons the selected jurors, ensuring a mix of men and women. The accused has the right to challenge a certain number of jurors without stating a reason, and the Crown can also demand that a juror stand aside. The jury foreman is elected by the jurors themselves, or appointed by the judge if no agreement is reached.

In criminal cases, a unanimous verdict is required for offences punishable by death, while a majority verdict is allowed for other offences. The jury can also return a verdict of manslaughter if they consider it proven after a certain period of deliberation.

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