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Senior Courts Bill introduced

GeneralSenior Courts Bill introduced

“The bill really represents, Madam Speaker, the most progressive and comprehensive restructuring of the judiciary ever undertaken in our nation’s history, “Minister Francis Fonseca said. 

BELIZE CITY, Mon. June 6, 2022

After being deferred at the previous sitting of the House of Representatives, the Senior Courts Bill was introduced by Minister of Education, Hon. Francis Fonseca last Friday on behalf of the Attorney General’s Ministry, marking the start of a reorganization of the judiciary in Belize, notably the first-ever since independence.

“Belize has not implemented any meaningful reforms in the upper courts since attaining independence, despite the well-known challenges present in our upper courts. It is evident that proper reform of the court administration is needed to ensure efficiency and consistency in the judicial system,” Fonseca said. He remarked that the bill is all about strengthening the administration of justice, and, as previously reported, its goal is to “improve the efficiency, accuracy and consistency” of the judicial system of Belize.

A Cabinet release issued in early May states, “Cabinet has also given its approval for the introduction of a bill to address consequential amendments to the Belize Constitution to provide for the additional judicial office holders as well as to provide for the office of the Chief Justice to be the administrative leader of the Supreme Court and Court of Appeal as well as for the renaming of the Supreme Court to that of the High Court. The office of the President of the Court of Appeal is being retained, but shall be subject administratively to the office of the Chief Justice.”

Minister Fonseca further explained in the House that, in addition to this, “The Chief Justice is to be assisted by a president of the Court of Appeal, two senior judges to the high court, one senior judge for the Criminal Division, and one senior court judge for the Civil Division. This will allow for the Criminal Division to have a dedicated full-time head to improve the timely delivery of justice in that division, as well as having a full-time leader in the Civil Division to provide for greater efficiency in the Cvil Division. ”

He noted that there will also be specialized divisions and additional judges that will increase efficiency within the judicial system. 

“There are to be specialized divisions, which is intended to lead to greater efficiency. There is to be a commercial division, which will deal with contracts, torts, and corporate matters. A constitutional and public law division will deal with constitutional challenges, judicial review claims and case stated matters, and then a family and trust law division, which will deal with family trust and probate matters, and such division as the Chief Justice over time may think necessary to add. Specialized courts, of course, lead to specialized judges who can more effectively and swiftly deal with matters, having become familiar and developing expertise in particular areas of the law,” Minister Fonseca shared. 

Fonseca said that along with the senior judges, masters, judicial assistance personnel, and the Chief Registrar will be introduced in the Criminal and Civil Divisions of the Senior Courts. 

“Very importantly, Madam Speaker, it provides for video recording to eventually replace typewritten transcripts, which are time-consuming and costly to produce and which delay the appeal process and judgment delivery,” Minister Fonseca also announced.

He said that a consultation process was undertaken by the Attorney General’s Ministry during the months of February, March, and April of this year and indicated that the proposed bill that has been tabled is a reflection of those consultations. The bill has been referred to the Constitutional and Foreign Affairs Committee for further examination

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