JUDICIARY OF BELIZE
Photo: Supreme Court of Belize building
The Judiciary of Belize comprises of the High Court, the Court of Appeal and Magistrates’ Courts. The High Court hears serious civil and criminal cases before judges and jury. The Court of Appeal generally sits four times a year.
Preliminary hearings of less serious civil cases are in the district courts and those of criminal cases are in summary jurisdiction courts. Both district and summary jurisdiction courts are magistrates’ courts.
In June 2010 the Caribbean Court of Justice in Port of Spain, Trinidad and Tobago, became the final court of appeal, replacing the Privy Council in the UK.
The Caribbean Court of Justice (CCJ) was established in 2001 in Port of Spain, Trinidad and Tobago. It has two jurisdictions: An original jurisdiction and an appellate jurisdiction. In its original jurisdiction, the CCJ is an international court with compulsory and exclusive jurisdiction in respect of interpretation and application of the revised Treaty of Chaguaramas. In its appellate jurisdiction, the CCJ hears appeals as the final court both in Civil and Criminal matters. Member states who have acceded to it as their final court as of 2011 are Barbados, Belize and Guyana (prior to the CCJ, Belize’s final court was the Privy Council).
In 2009, a constitutional amendment was introduced in the Legislature of Belize providing for its accession to the appellate jurisdiction of the CCJ with effect from June 1, 2010. This legislation is the Caribbean Court of Justice Act No 5 of 2010 which sets out the guidelines and procedures of the Court as it pertains to Belize as our final court.
Permission to appeal to the Caribbean Court of Justice is required and this is sought for from the Belize Court of Appeal. Some appeals are as of right and the legislation stipulates the determination of these. In the granting of leave to appeal to the Caribbean Court of Justice there are certain conditions which are required to be met and the Court stipulates these in accordance with the legislation.
The Court of Appeal of Belize was established under section 94 of the Constitution of Belize, and Chapter 4 of the Laws of Belize, Revised Edition, 2000. It exercises an appellate jurisdiction with power to hear and determine appeals in both civil and criminal matters.
The court held its first sitting in Belize on March 25, 1969 and now sits three times a year in March, June and October. The duration of each session depends on the number of matters scheduled for hearing in a particular session. Presently each session lasts three weeks with the dedication of the first two weeks of the session primarily 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 High Court of Belize is duly constituted under section 94 of the Constitution of Belize. The Court has jurisdiction to hear civil and criminal matters as well as appeals from the lower Courts. The Court is headed by the Chief Justice and currently consists of 8 other Justices of which 4 are assigned to the civil division (includes matrimonial and family matters) and 4 to the criminal division of the Court. The Chief Justice sits in both criminal and civil divisions.
The Registrar of the Senior Court is also in charge of the High Court Registry. The Registrar whose functions are both judicial and administrative is assisted by the two Deputy Registrars and an Assistant Registrar.
The civil division of the Court also has jurisdiction to deal with matrimonial and family matters including property rights, divorce proceedings (and other matters ancillary thereto) and adoptions.
The Supreme Court Registry is responsible for the housing and collecting of all records and data pertaining to the Supreme Court. The General Registry is established under section 3 of the General Registry Act which is now Chapter 327 of the Laws of Belize, Revised Edition 2000.
The Registry is headed by the Registrar General. There is also a Deputy Registrar General, a Deputy Registrar General (Appeals) and an Assistant Registrar General to assist with the daily functions of the Registry. The Registry staff includes a Finance Officer, Court Marshalls, a Legal Secretary, a Trust Officer, a Marriage Officer and various clerks.
Apart from its principal functions, the Registry also deals with estate matters, the granting of marriage licenses and the sealing of notary public documents referred to as apostilles. Marriage ceremonies can also be performed at the Registry.
The Supreme Court Registry also provides oversight and supervision of the Belize Intellectual Property Office, Vital Statistics Unit and The Companies Registry.
The Sub- Registry of the Caribbean Court of Justice is also housed in the Supreme Court Registry’s building and documents to be filed for any action before the Caribbean Court of Justice can be filed at this sub-registry.
Section 3(1) of the Inferior Courts Act (Chapter 94 of the Laws of Belize) provides for the jurisdiction of the Magistrate’s Court to be administered in the following Judicial Districts.
• The Belize Judicial District
• The Toledo Judicial District
• The Stann Creek Judicial District
• The Cayo Judicial District
• The Orange Walk Judicial District
• The Corozal Judicial District
“Lower Court” a name also given to Magistrate’s Court deals with summary conviction offences. Belize has Magistrate Courts in each of the six judicial districts, however, because of the demographics and population size, three of these districts have additional courts functioning in separate towns and villages.
The Cayo Judicial District has three Magistrates’ Court, one in the Capital City Belmopan and the other two are located in the towns of San Ignacio and Benque Viejo. The Stann Creek Judicial District has two courts, one in Dangriga Town and the other in Independence Village and the Belize Judicial District besides the eight Magistrate Courts, and two municipal courts, has a Magistrate Court in San Pedro Town which serves the neighboring islands.
Any action by an individual(s) that appears to have gone contrary to any of the Laws of Belize is first brought before a Magistrate’s Court. If the offence with which the individual(s) is charged is a summary conviction offence, his case will be decided in the Magistrate’s Court. Section 3(1) of the Inferior Courts Act (Chapter 94 of the Laws of Belize) provides for the jurisdiction and constitution of the Magistrate’s Courts. The section empowers the Magistrate sitting on the Bench with the power to pass sentences which may consist of imposing fines and imprisonment.
If a case is of an indictable nature or very serious, such as Attempt Murder, Murder, Rape etc., a Magistrate hears evidence by way of a Preliminary Inquiry. If there is sufficient evidence to support the charge the Magistrate sends the case to be tried in the High Court where a Judge and a jury hear the case and make final determinations as to guilt or innocence.
The Magistrate’s Court also has a civil jurisdiction and hears and determines matters of certain dispute between private individual.
The municipal court is an inferior court falling under the Inferior Court Act. The Municipal Court hears cases stemming from the Belize City Municipality, such as property tax, liquor license, business/trade license and some traffic offences.
The Belize Family Court has the authority to operate by virtue of the Family Court Act Chapter 93 of the Laws of Belize Revised Edition 2003. The Belize Family Court was established on April 1, 1989 and has been in operation for the past eighteen years.
The Belize Family Court provides an environment where family and juvenile matters are handled in a holistic manner in order to provide alternative methods for reconciliation, protection, rehabilitation, growth and development in conjunction with other relevant organizations.
The Court plays a vital role in keeping society together. When the Family Court functions well, society as a whole benefits, especially those who rely on the Court for assistance. It is therefore in the best interest of all concerned that the Belize Family Court functions as effectively and efficiently as possible.
The Belize Family Court continues to oversee the administration of justice for family and juvenile justice matters. It also continues to see the rise in domestic violence and maintenance cases. The Family Court has a very demanding task. Throughout the years the court has seen a significant increase in the number of cases it administers on an annual basis. In one year, the Court has dealt with in excess of two thousand cases, the majority falling within the areas of Maintenance and Domestic Violence.
The Domestic Violence Act #19 of 2007 to a large extent provides greater protection and assistance for victims of domestic violence. It has increased the power of the Court:
The Belize Family Court is a specialized Court and determines civil and juvenile criminal matters. The following legislation constitutes the remit of the court:
| Families and Children Act | Chapter 173 of the Laws of Belize |
| Domestic Violence Act | Chapter 178 of the Laws of Belize |
| Married Person Protection Act | Chapter 175 of the Laws of Belize |
| Juvenile Offenders Act | Chapter 119 of the Laws of Belize |
| Certified Children Reformation Act | Chapter 121 of the Laws of Belize |
| Probation of Offenders Act | Chapter 120 of the Laws of Belize |
| International Abduction Act | Chapter 177 of the Laws of Belize |
| Penal System Reform (Alternative Sentences Act) Act | Chapter 102 of the Laws of Belize |
Below are a selection of free online websites which can be used to access decisions of the Judiciary of Belize.
Persons may also search for decisions using the Commonwealth Legal Information Institute:
The Faculty of Law Library offers access to the Judiciary of Belize decisions from various databases:
The Faculty of Law Library houses unreported judgments for all Commonwealth Caribbean jurisdiction dating back from early 1950s. To access these printed unreported judgments, persons are invited to visit the Library during opening hours to make a request.
The Library also has a collection of reported judgments, which are held in official law reports and elsewhere.
Please find below a selection of legislation which refers to the Judiciary of Belize:
To recommend a resource, please click the below link and send us an email with your selected material.
To report a broken link, please click the below link and send us an email.
Please note that the contents of this guide are provided strictly for individual, non-commercial, academic/educational, reference and/or research use and do not constitute legal advice. This guide does not substitute an individual's right to do their own research. Persons seeking legal advice should consult a practising attorney-at-law in their jurisdiction.
The information of this guide was compiled using open sources such as official websites and other resources.
Should you have questions about any of the highlighted resources, kindly contact us (see above tab).