Page 360 - Magistrates Conference 2019

Belize

After the opening address, if any, the examining magistrate shall cause evidence to be tendered

in accordance with sections 35, 36, 37, 38, 39, 40, 41 and 42 of the Indictable Procedure Act
Chap. 96, that is to say by being read out loud, except where the court otherwise directs or to the

extent that it directs that an oral account be given of any of the evidence.

The evidence tendered by the prosecution at the inquiry shall be in the form of documentary

evidence only and it shall not be necessary to call any witnesses, and if any witnesses are called
they shall not be cross-examined.

Evidence falling within subsection (2), and only that evidence, shall be admissible by a
magistrate’s court inquiring into an offence as examining magistrate. Evidence falls within the

subsection if it-

a. is tendered by or on behalf of the prosecutor; and

b. falls within subsection (3):
a) written statements complying with section 36;

b) the documents or other exhibits (if any) referred to in such statements;

c) depositions complying with section 37;
d) the documents or other exhibits (if any) referred to in such depositions;

e) statements complying with section 38;
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f) documents falling within section 39.

In this section, “document” means anything in which information of any description is recorded.

Any document or other object referred to as an exhibit and identified in a statement admitted in

evidence by virtue of this section shall be treated as if it had been produced as an exhibit and
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identified in court by the maker of the statement.

Any document or other object referred to as an exhibit and identified in a deposition admitted in
evidence by virtue of this section shall be treated as if it had been produced as an exhibit and
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identified in court by the person whose evidence is taken as the deposition.

65 Belize – Indictable Procedure Act Chap. 96, section 35(1)(2)(3)
66 Belize – Indictable Procedure Act Chap. 96, section 36(5)
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