BELIZE:

PAROLE ACT, 2017

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

3. Composition of the Parole Board.

4. Functions, powers and duties of the Parole Board.

5. Eligibility for parole and consideration for parole.

6. Parole Order.

7. General conditions of parole.

8. Duration of parole.

9. Revocation of parole.

10. Functions, powers and responsibilities of parole officers.

11. Annual Report from Prison.

12. Offences.

13. Regulations.

14. Repeal and transitional.

15. Amendment of rule 42 of Prison Rules.

SCHEDULE
No. 25] Parole Act 263

No. 25 of 2017

I assent,

(SIR COLVILLE N. YOUNG)

Governor-General

29th March, 2017.

AN ACT to provide for, the enshrinement in substantive

law of the parole regime, the eligibility for the
consideration of parole in relation to persons serving
life sentence for murder, the modification of the
composition of the Parole Board, the introduction
of new offences in relation to activities unduly
affecting the operations of the Parole Board; and
to provide for matters connected therewith or
incidental thereto.

(Gazetted 29th March, 2017.)

BE IT ENACTED, by and with the advice and consent

of the House of Representatives and Senate of Belize
and by the authority of the same, as follows:

1. This Act may be cited as the Short title.

PAROLE ACT, 2017.

264 Parole Act [No. 25

Interpretation. 2. For the purposes of this Act -

“Board” or “Parole Board” means the Parole Board

established by section 3;

“Director” means the Director of the Belize Central Prison;

“lesser offender” means an offender who is not a serious

offender;

“offender” has the same meaning as prisoner;

“parole officer” means any of the officers referred to in

section 10 below;

“parole” means parole granted under this Act;

“parolee” means an offender to whom parole has been

granted;

“serious offender” means an offender who is convicted of

an offence for which the penalty is,

(a) death;

(b) imprisonment for life; or

(c) deprivation of liberty for a period of two years

or more,

and includes an offence listed in the Schedule.

Composition of 3. (1) There is continued a body known as the Parole

the Parole
Board.
Board, which for the purposes of this Act is to consist
of the following nine persons appointed by the Minister,

(a) the Chief Executive Officer of the Ministry

responsible for prisons, ex-officio, who shall
be the Chairman;
No. 25] Parole Act 265

(b) the Director of Prisons, ex-officio;

(c) a person who holds or has held a judicial

office;

(d) a representative of the Office of the Director

of Public Prosecutions;

(e) a representative of the Belize Police

Department;

(f) a registered medical practitioner, who as far as

practicable should be a psychiatrist;

(g) a representative of the Ministry responsible for

Human Development, and

(h) two other persons appearing to the Minister to

have knowledge and experience of the
supervision or after care of discharged
prisoners, or who have made a study of the
causes of delinquency or the treatment of
offenders.

(2) The Board shall appoint a person whom it

considers suitable for appointment as such to be Secretary
to the Board.

4. (1) The functions of the Board include making Functions,

decisions regarding powers and
duties of the
Parole Board.
(a) the release on parole of an offender eligible for
parole, and

(b) the remission, suspension or variation of any

condition of parole of any parolee, or imposition
on any such parolee of any additional condition
of parole.
266 Parole Act [No. 25

(2) In considering any case for parole, the Board

may request any person, including the offender himself,
to provide information or to make representations which
in the Board’s opinion, may be of assistance in reaching
a decision.

(3) In considering any case for parole, the Board

shall take into account,

(a) the nature and circumstances of the offence

for which the applicant was convicted and
sentenced;

(b) the sentence imposed by the court and any

comments made by the court when the sentence
was imposed;

(c) the safety of the public, and of any person or

class of persons who may be affected by the
release of the offender;

(d) any representations made by the victim of the

offence or any person acting on his behalf, or
of the relatives of the victim of the offence, or
anyone acting on their behalf;

(e) any representations made by the offender or

any person acting on his behalf;

(f) the welfare of the offender and his reformation

and training while in the prison;

(g) the probable circumstances of the offender if

released, especially the likelihood of his peaceful
reintegration into society;

(h) the likely response of the offender to supervision

by the parole officer;
No. 25] Parole Act 265

(i) the reasonable probability that the offender

will live and remain at liberty without violating
laws, and

(j) any other factor that the Board may consider

relevant in reaching a decision.

5. (1) An offender other than an offender sentenced Eligibility for

parole and
to death, is eligible for consideration for release on parole consideration
upon the expiry of the following periods from the date for parole.
of his reception in a prison after sentencing,

(a) the minimum term fixed by the Court in

accordance with section 106(3) of the Criminal CAP. 101.
Code, in the case of an offender convicted of
the offence of murder and undergoing a
sentence of imprisonment for life;

(b) fifteen years, in the case of any other offender

undergoing a sentence of imprisonment for
life;

(c) one half of the term of imprisonment, in the

case of any serious offender undergoing a
sentence, other than an offender specified in
any of the preceding paragraphs, and

(d) one third of the term of imprisonment, in the

case of a lesser offender undergoing a sentence.

(2) As soon as an offender has become eligible to

be considered for release on parole under subsection (1),
the Director shall refer the case of the offender to the Board
for consideration.

(3) Nothing in subsection (2) precludes an offender

from himself applying to the Board for consideration of
his case, after he has become eligible to be considered
for release on parole under subsection (1).
268 Parole Act [No. 25

(4) Where the Board has decided not to release an

offender on parole, the offender may from time to time
apply to the Board for a further consideration of his case;
however, the Board may not consider a further application
under this subsection at any time within one year after
the making of a previous application.

(5) Notwithstanding the previous subsections, the

Board may of its own motion or at the request of any
member thereof, at any time after the expiry of the
appropriate period specified in subsection (1), consider
the case of an eligible offender, with a view to his being
released on parole.

(6) In considering the case of any eligible offender,

the Board or any member authorized in writing by the
Board may interview the offender at the prison or require
the offender to attend before a meeting of the Board.

Parole Order. 6. (1) After considering the case of any offender who
is eligible under section 5, the Board may by order release
the offender on parole, subject to the general conditions
set out in section 7, and any other special conditions that
the Board may consider fit to impose, which must be
incorporated in the parole order.

(2) A parole order must be,

(a) in writing;

(b) signed by the Chairman of the Board; and

(c) given to the offender prior to his release with

a certified copy of the order given to the
Director, the Commissioner of Police and the
parole officer.

(3) The parole order must specify the judicial

district or area in which the parolee is required to reside.
No. 25] Parole Act 269

(4) Each parolee is under the supervision of a parole

officer in whose district or area of authority the parolee
resides for the time being, or of any other parole officer
as the Board may, from time to time direct.

7. Where an offender is released on parole, the General

conditions of
following general conditions apply, parole.

(a) within twenty-four hours after his release on

parole he shall report to the parole officer at
the place stated in the parole order, or if he
does not proceed directly to that place, then he
shall report to some other parole officer within
forty-eight hours of his release on parole;

(b) he shall report to the parole officer under

whose supervision he is for the time being, as
and when he is required to do so by the parole
officer;

(c) he shall give to the parole officer and to the

Director reasonable notice of his intention to
move from his address and if he moves to any
other address, he shall within forty-eight hours
after his arrival at that address, notify his
parole officer of his arrival, and give to him his
new address, and the nature and place of his
employment (if any);

(d) he shall not reside at an address that is not

approved by the parole officer;

(e) he shall not continue in any employment, or

continue to engage in any occupation, that is
not approved by the parole officer;

(f) he shall not associate with any specified

person, or with persons of any specified class,
270 Parole Act [No. 25

with whom the parole officer has in writing

warned him not to associate;

(g) he shall be of good behaviour and shall not

commit any offence against any law;

(h) he shall comply with such other conditions as

the Board may direct from time to time.

Duration of 8. Where an eligible offender is released from detention

parole.
by the Board under this Act, he shall be on parole from
the time of his release until the expiry of his sentence of
imprisonment, and the term of the sentence shall continue
to run while he is on parole, as if he were still serving
the sentence.

Revocation of 9. (1) The Board may, for any reasonable cause, at

parole.
any time, direct in writing that a parolee be recalled.

(2) On the giving of the direction under subsection

(1), the parole order is to be treated as revoked, and the
parolee may be arrested without a warrant, by any police
officer, prison officer or a parole officer and shall be
returned to detention to continue to serve his sentence.

(3) The Board shall determine, having regard to

the nature and circumstances of the recall, whether the
particular offender shall again become eligible for parole
at a later time.

Functions, 10. (1) A parole officer is required to,

powers and
responsibilities
of parole (a) supervise all offenders placed under his
officers.
supervision with a view to assisting their
rehabilitation and preventing the commission
of further offences, and
No. 25] Parole Act 271

(b) perform such other duties as may from time to

time be directed by the Board.

(2) The functions conferred on a parole officer in

relation to the supervision of an offender while on parole
may be discharged by a probation officer, a prison officer,
a social services officer, or by a person who in the opinion
of the Board is a fit and proper person to undertake
supervision and control of the offender while on parole.

(3) In the exercise of his powers and duties under

this Act, a parole officer has the powers, protection and
privileges of a prison officer.

(4) A parolee or his parole officer may at any time

apply to the Board for the remission, suspension or
variation of any general or special condition of parole.

(5) A parole officer may apply to the Board for

the imposition of any additional condition of parole in
respect of any parolee under his supervision.

(6) A parole officer may, and when required by

the Board, shall

(a) report to the Board on the character and

personal history of any parolee or offender
undergoing a sentence of imprisonment, with
a view to assisting the Board in determining the
most suitable method of dealing with the case,
and

(b) in such report, advise the Board whether the

offender would be likely to respond
satisfactorily to parole and whether any special
condition of parole should be imposed.
272 Parole Act [No. 25

Annual Report 11. The Director or any other person authorized by

from Prison.
him in that behalf shall submit an annual report in the
prescribed form to the Board within two months after the
end of each year, on the general condition of every offender
who is undergoing,

(a) imprisonment for life; and

(b) any other sentence of imprisonment of one

year or more.

Offences. 12. Any person who,

(a) offers or attempts to offer any money or other

inducement to any member of the Board with
intent to influence a decision of the Board;

(b) makes any false representation to the Board

with intent to improperly influence a decision
of the Board;

(c) discloses, without the expressed permission of

the Board, the deliberations of the Board,

commits an offence and is liable on summary conviction to

a term of imprisonment of one year.

Regulations. 13. The Minister may make regulations generally for

administering this Act and for giving effect to its purposes,
or with respect to any matter or thing by or under this
Act which may be or is to be prescribed.

Repeal and 14. (1) The provisions of PART VI of the Prison Rules
transitional.
(hereinafter called “the repealed provisions”) are hereby
repealed.

(2) Notwithstanding the repeal of provisions under

subsection (1), upon the commencement date of this Act,
No. 25] Parole Act 273

(a) the existing members of the Parole Board as

constituted under the repealed provisions
immediately before that date shall continue in
office; nevertheless, the provisions of this Act
shall apply to the operations of the Board as so
continued, and accordingly any modifications
to the existing membership that may become
necessary prior to the expiration of the term of
any or more of the existing members shall be
made by the Minister to accord with the
provisions of section 3;

(b) a person duly operating as a parole officer

under the repealed provisions immediately
before that date is regarded as continuing as
such under this Act, subject to any modifications
necessary to accord with this Act;

(c) every reference in an enactment (other than

this Act), or in any instrument or other
document, to the Parole Board is to be, if the
context requires, construed as a reference to
the Board established under this Act.

(3) Notwithstanding the repeal of provisions under

subsection (1),

(a) a parole order granted under those provisions

has effect as if it were a parole order granted
under this Act;

(b) a case for the consideration of the grant of

parole under those provisions, that was pending
immediately before the commencement date,
is to be deemed to have arisen under this Act,

and this Act, with such modifications as may be required

to be made, applies accordingly.
274 Parole Act [No. 25
Amendment of 15. The Prison Rules is amended in rule 42 by deleting
rule 42 of
Prison Rules. the words “ Part VI of these Rules” and substituting the
words “the Parole Act”.
No. 25] Parole Act 275

Schedule

[Section 2]

Serious Offender Specified Offences

1. Murder, attempt to commit murder, manslaughter, dangerous harm,

maim and grievous harm

2. Offences against the State

3. Terrorism, terrorist financing and related offences

4. Blackmail, kidnapping, extortion, hostage taking and insider trading

5. Robbery, aggravated burglary and theft (where that theft involves

property valued more than $10,000.)

6. Counterfeiting, forgery and fraud

7. Cyber related crime

8. Illicit trafficking in stolen and other goods

9. Offences under the Misuse of Drugs Act

10. Offences under the Firearms Act

11. Offences under the Trafficking in Persons Act and the Commercial
Sexual Exploitation of Children Act

12. Sexual Offences under the Criminal Code

13. Offences under the Crime Control and Criminal Justice Act

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