-contributed-
BELIZE CITY, Thurs. Aug. 24, 2023
“The person who stops [learning] merely because he has finished school is forever hopelessly doomed to mediocrity, no matter what may be his calling. The way of success is the way of continuous pursuit of knowledge.” ¯ Napoleon Hill
(The word “studying” was substituted with the word “learning” by the writer.)
The High Court of Belize (formerly known as the Supreme Court of Belize) is currently in its yearly recess, and so I find myself with more time than I would usually have. I wish to use some of this extra time to share my knowledge and experience with my people by educating you about the Criminal Law and your rights. After all, the time that I take to write this Article actually belongs to you, as it is from you that my salary is derived. This Article will be written in simple language and it will be brief, yet by the end of this Article the reader will accurately learn the law on bail in Belize.
Under the Constitution of Belize, which is the supreme law of our country, all citizens have a right to personal liberty; you have a right to be free (section 5 of the Constitution)! The Constitution further states that every person who is charged with a criminal offence is innocent until he/she is found guilty by the court or if he/she voluntarily pleads guilty in court (Section 6 of the Constitution)! Read that again! Everyone is innocent until proven guilty!
So, how can a person be sent to prison to await trial (remanded) if the law says that he/she is innocent until proven guilty? Well, that is where bail comes in! Because a person is INNOCENT until proven guilty,1 that person is entitled to be released on bail until the court can have their trial in order to determine the guilt or innocence of that person. Bail can therefore be defined as the release (from custody) of an accused person until his/her trial in court. Generally, bail is only given whilst an accused person is awaiting trial. (I say generally because, of course, in law, most things have exceptions).
So, after someone has been found guilty of committing a crime and that person is sentenced, please don’t ask, “Can he get bail?” Bail is given when an accused person is awaiting trial, NOT AFTER trial! (generally).
It is often academically argued whether bail is a right in Belize, and whether it is contingent on the event that an accused person is not tried within a reasonable time; attorneys can write a 10-page legal submission or speak for hours academically arguing this, but let me tell you, PRACTICALLY,2 in Belize, Bail is a RIGHT! If a person commits a criminal offense, that person is ENTITLED to bail, and so bail WILL be granted. There are only three main factors that may prevent an accused person from receiving bail:
- If the accused person is a non-national and so is likely to run away if released on bail.
- If the accused person is likely to interfere with prosecution witnesses if released on bail. (Evidence must be submitted to support this).
- If the accused person has a notable criminal record (repeat-offender) and so is likely to commit more crimes if released on bail.
Of course, there are several other factors, but having attended to over 1,000 bail applications, I will tell you that the above three factors are the ONLY factors that prosecutors and judges really care about, generally. So, if none of the three factors apply to deny an accused person’s bail, BAIL WILL BE GRANTED for EVERY criminal offense except murder. Generally, the courts do not grant bail to accused persons charged for murder unless the below exception is applicable.
(So, persons should not be shocked when most accused persons receive bail – it looks foolish and ignorant to persons who have even a basic understanding of how bail works.)
Exception: When Bail is granted for Murder
An accused person can even receive bail for the crime of Murder. In Belize, where the Government is unable to ensure that an accused murderer is tried within a reasonable time, the accused murderer will likely be granted bail by the High Court after waiting approximately four years on remand. (You must remember that the courts (the Judiciary) are SEPARATE from the Government). The courts are basically saying that any delay by the Government which exceeds four years (generally), will be considered unreasonable by the courts, and so the courts will give the accused murderer bail (temporary release whilst awaiting trial) until the trial can take place. This should not get anyone riled up! Imagine YOU were wrongfully accused of Murder and you had to wait in prison in excess of four years to have your day in court, knowing that the Constitution says that you are innocent until proven guilty.
Bail at Different Levels
Bail can be granted at various levels depending on the severity of the offense. For very minor offenses, an accused person may obtain “Police Station Bail”. For more severe offenses, Magistrates Court has the power to grant bail. Magistrates are restricted from granting bail for very serious offenses such as those involving a firearm, and so for such offenses an accused person needs to apply to the High Court for bail. Where a magistrate denies bail, an accused person may apply to the High Court for bail. The High Court has the power to grant bail for ANY offense. Bail is typically heard in the High Court every Friday, generally.
Bail Conditions
Generally, whenever bail is granted, it is normally given upon certain conditions which include that: (1) the accused person must attend court for all his/her court dates; (2) the accused person has to sign in at a police station weekly; (3) the accused person is restricted from interfering and communicating with the prosecution’s witnesses; and (4) the accused person is to turn over all of his/her travel documents and not leave the country except with the approval of a High Court Judge. Sometimes curfews and other stringent conditions may also be imposed.
Surety
A surety is a person who undertakes to ensure that the accused person who is released on bail will abide by his/her bail conditions and attend court for the trial of the case. Most bails are given with the requirement of an undertaking by one or two sureties.
Sign Bail
Most bails are what is termed “Sign Bail”. Only the signatures of the accused person and his/her surety are required. No deposit of money is required! Basically, the accused person and the surety merely sign an undertaking to be liable to pay the sum of the bail to the Government IF the accused person breaches the conditions of the bail.
It is only where bail is offered in a sum over $10,000.00 BZD (generally with 1-2 sureties) that the actual money or a land certificate of equal value to the bail needs to be deposited at the High Court Registry. Any sum less than or equal to $10,000.00 BZD merely requires a signature.
Breaching Bail
Where an accused person breaches a condition of his or her bail, depending on the nature of the breach, there are two possible consequences:
i. Bail may be revoked by the court (NOT THE POLICE) and the accused person remanded to prison to await trial.
ii. Enforcement/Forfeiture of the bail bond: If the bail was “Sign Bail” the court may order the accused person and the surety to pay the sum that they signed for. On the other hand, if the bond had been deposited at the court (whether cash or land title) the court may forfeit the cash or land title.
Meeting Bail
Not because an accused person is granted bail means that that accused person will necessarily be able to meet his/her bail. An accused person will remain on remand (in prison) until he/she is able to meet his/her bail.
(In law, there are exceptions for almost everything. Apart from the exception of bail for murder, this Article did not go into any of the technicalities or exceptions on the law of bail. It was written so that even a primary school student can read and understand it. This Article is not intended to serve as legal advice.)
Sincerely,
Observant Front Line Prosecutor / BTNP
Attorney-at-Law
(Footnotes)
1 It is the duty of the Government via a prosecutor to prove that the accused person is guilty.
2 How it works in the courts.