124. The Criminal Procedure Acts The Goverment of Sierra Leone Information, Sierra Leone Web, Sierra Leone PDF. Therefore the Supreme Court of Sierra Leone should declare that law null and void by virtue of Section 171(15) of the Act No 6 of the . (4)For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved, for the purposes of any such proceedings, to any other court shall be deemed part of those proceedings. No person shall be tried before a national court of Sierra Leone for acts for which he or she has already been tried by the Special Court. (1) In a trial on indictment for murder or manslaughter, the declaration of a deceased person, whether it be made in the presence of the accused person or not, may be given in evidence if the deceased person at the time of making such declaration believed himself in danger of imminent death and entertained at the time of making it no hopes of recovery. Section 47 of the principal Act is hereby amended by the insertion immediately after the word "makes" in the third line thereof, of the following words "or cases to be made". Rules as to informations and charges. (2) Notwithstanding any rule of law or practice, an information or indictment shall, subject to the provisions of this Act, not be open to objection in respect of its form or contents if it is framed in accordance with the rules under this Act. In so doing, they may be guided, as appropriate, by the Criminal Procedure Act, 1965, of Sierra Leone . (1) Subject to the exemptions in subsection (2) every male person between the ages of thirty and sixty years who is resident in Sierra Leone and is literate in English shall be liable to serve. Provided that the findings of a majority of not less than two-thirds of the jury may in respect of an offence which is not punishable by death, be held, taken to be, and received by the Court as the verdict of the whole jury. (1) All such warrants shall be valid and effectual throughout Sierra Leone, wherever the person against whom such warrant is issued, or any goods and chattels of such person may be found. WHEREAS by section 70 of the Constitution it is ordained that the Governor-General may, in Her Majesty's name and on Her behalf, grant unto any offender convicted of any crime in any Court before any Judge or Magistrate within Sierra Leone a free pardon, or a pardon subject to such conditions as may at any time be lawfully thereunto annexed. Sierra Leone Gazette Supplement: Acts, 1965-10-21, No. Issued under my hand and the Public Seal of Sierra Leone this. acquit it shall be sufficient for any person to state that he has been lawfully convicted or acquitted (acquitted as the case may be) of the said offence charged in the indictment. For the purposes of sections 86 to 90. Payment out of small intestate estates 12. If any person stands mute or refuses, or by reason of infirmity is unable to answer directly to the indictment the Court shall, unless it has reason to believe that such person is of unsound mind and consequently incapable of making his defence, order the Registrar to enter a plea of not guilty on behalf of such person, and the plea so entered shall have the same force and effect as if such person had actually pleaded the same; but if the Court has reason to believe as aforesaid, it shall proceed in the manner prescribed in section 71. If the accused states that he has witnesses to call, but that they are not present in Court, and the Court is satisfied that the absence of the witnesses is not due to any fault of the accused, and that there is a likelihood that they could, if present, give material evidence on his behalf, the Court may adjourn the investigation and issue process, or take other steps, to compel the attendance of such witnesses. Download: Slone Links. If a Sessions shall be held at any place for which a jurors' list may not have been prepared under this Act, the Sheriff may prepare a temporary jurors' list for the purposes of such sessions, and all the provisions of this Act shall, as far as applicable, apply in the case of the persons whose names are entered, whether as common jurors or as special jurors upon such temporary list. command the said A. I, (name of accused) of..(address), being brought before, the(Magistrate) atcharged with the, Offence ofand required to give security for my attendance in his Court, and at the Supreme Court, if required, do bind myself to attend at the Court of the said, (Magistrate) on everyday of the preliminary investigation into the said charge and, should. (2) A medical Practitioner, shall, on any juror producing his summons to serve, at any public hospital between the hours of eight and ten in the forenoon, and complaining of ill-health and inability to attend the session, grant him gratuitously such certificate, should he be found unfit. (Particulars to specify pages and lines complained of where necessary as in book). 130. Court may direct security to be taken. Power to take depositions of persons dangerously ill. 62. The fact that the indictment has been so signed shall be equivalent to a statement that all conditions required by law to constitute the offence charged, and to give the Court jurisdiction, have been fulfilled in the particular case. 10 Local Courts Act 2011 Short title. Offences at sea or elsewhere out of Sierra Leone. 64. A. Medical practitioners and dental surgeons in actual practice and their dispensers and assistants; v.Registered druggists and nurses in actual practice; vi. Falsification of accounts, contrary to section 1 of the Falsification of Accounts Act, 1875. 41. In default of the amount being recovered by such distress and sale, the recognisors may be imprisoned for any period not exceeding sixty days, but the Court in or before which the condition of any recognizance ought to be performed may cancel or mitigate the forfeiture upon such terms and conditions (if any) as the Court may think just. 182. district of.. Now these are to command you to convey the said ..toand to, produce him before the.. (Magistrate) at..there to be dealt with according, WHEREAS application has been made to His Lordshipunder section 43 of the Criminal, Procedure Act, 1965, by me..(named of accused) a person accused of the offence of, AND WHEREAS it has been further ordered that I, the said ..(accused), shall enter into a bond, with surety that I shall, if. (2)Where the accused is defended by counsel who states that he intends to call witnesses as to the facts other than the accused, the Court shall call upon the accused's counsel to open his case and shall then require the accused, if he so desires, to make his own unsworn statement or give his evidence on oath, as the case may be, and thereafter to call his witnesses (including witnesses as to character). WHEREAS.(name of accused) did appear before the, ..(Magistrate or Judge) atto take his trial on attend a. preliminary investigation into a charge of..: And whereas the said..(Magistrate or Judge) has reason to believe that the, said(name of accused) is of unsound mind and is incapable of making his defence and has. (2) Where the proceedings are discontinued in accordance with the provisions of subsection (1) the court shall discharge the accused and thereafter he shall be subject to the provisions of the Lunacy Act or any Act amending or replacing the same (so far as the same may be applicable to his case) in the same circumstances and to the same extent as a mental patient against whom no proceedings have been brought. M 4/T. 76. (2) If the Court finds that the accused or the defendant is of unsound mind and consequently incapable of making his defence, it shall postpone further proceedings on the case. h.Nothing in this Act shall effect the provisions of section 18 of the Indictable offences Act, 1848, or other right of the person charged to make a statement without being sworn. 11. said trial, unless he sooner enters into such recognisance or unless by an order of this Court or of the Supreme Court are commanded sooner to release him. (1) If the jury are not unanimous, the Judge may require them to retire for further consideration. 135. (1) If the accused or the defendant does not admit the truth of the charge or the Court refuses to accept a plea of guilty, the Court shall proceed to hear the prosecutor and his witnesses and other evidence, if any. Variance between charge and evidence. Where it appears to the Court that distress and sale of his goods and chattels would be ruinous to the person convicted and ordered to pay money for a fine or penalty and his family, or (by his confession or otherwise) that he has no goods whereon a distress may be levied, or other sufficient reason appears to the Court, the Court may, if it thinks fit, instead of or after issuing a warrant of distress commit him to prison for a period specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid. 192. 21. Certificate of death by Medical Officer. 123. If the defendant does not attend upon the return, the court may forthwith issue a warrant and commit him to prison for such term as the court may then fix. QUALIFICATIONS OF JURORS AND PREPARATION OF JURORS' LIST. in the case of a public officer, the Establishment Secretary. 81. (3) Property belonging to or provided for the use of any Government Establishment, service, or department, may be laid as the property of Her Majesty the Queen. B., on the..day of.atin Western Area of Sierra Leone, maliciously set fire. DATED thisday of.19.. *If the accused states that he does not wish his witnesses examined by the Magistrate but desires them to be bound over to appear before the Supreme Court, this must be stated, but on no account should a Magistrate suggest or encourage this, but should record the evidence unless the accused does not wish it. he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establishing his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to invite imputations on the character of the prosecutor or the witnesses for the prosecution; or. No person shall be exempted from serving as a common juror by reason of being marked as a special juror. When constable may arrest without warrant. return you this order to me endorsed with what you have done therein. %PDF-1.3 % 95. No. The omission to comply with any provision of this Part shall not make the execution of judgment of death illegal in any case where such execution would otherwise have been legal. 68. (1) When, in a trial by jury, the case on both sides is closed the Judge shall sum up the law and evidence in the case. m ment of minor correctional centre offences by junior or h nate officers. (1) Where any person charged before a Magistrate's court with an offence triable upon indictment before the Supreme Court is committed for trial, and it appears to such Magistrate's Court after taking into account anything which may be said with reference thereto by the accused or the prosecutor, that the attendance at the trial of any witness who has been examined before it is unnecessary by reason of anything contained in any statement by the accused person, or of the evidence of the witness being merely of a formal nature, the Magistrate's Court shall, if the witness has not already been bound over, bind him over to attend the trial conditionally upon notice given to him and not otherwise, or shall, if the witness has already been bound over, direct that he shall be treated as having been bound over to attend only conditionally as aforesaid, and shall transmit to the Supreme Court a statement in writing of the names, addresses and occupations of the witnesses who are or who are to be treated as having been, bound over to attend the trial conditionally. (2) Where a fine imposed under sub-section (1) is not paid forthwith the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs (if any) in the Supreme Court, and that judgment shall be enforceable against the corporation in the same manner as if it were a judgment entered against the corporation in the Supreme Court in civil proceedings. (1) A Court (in this section and section 38 referred to as the Remitting Court) before which any person who is within the local limits of its jurisdiction and is charged with having committed an offence within the local limits of the jurisdiction of another Court is brought, shall unless authorised to proceed in the case, send him in custody to the Court within the local limits of whose jurisdiction the offence was committed, or require him to give security for his surrender to such last-mentioned Court, there to answer the charge and to be dealt with according to law. In these Regulations unless the context otherwise requires- (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a, person comes into question, the declaration of the, whether it be made in the presence of the accused or not, may, at the discretion of the Court be given in evidence if the. Information requested from States parties in relation to mandates of anticorruption body or bodies in respect of prevention Please describe the measures you have taken to implement art. (4)Any person who shall refuse to submit to the taking and recording of his photographs, measurements, thumbprints or fingerprints shall be taken before a Magistrate who, on being satisfied that such person has been prosecuted and charged before any court with an offence involving fraud, dishonesty or violence or is reasonably suspected of having made a thumbprint or fingerprint likely to become an exhibit in a criminal case, shall make such order as he thinks fit, authorising a constable to take the measurements, photographs, thumbprints and fingerprints of such person. Now these are to authorise and require you to recover the said sum of..as though the. No. JOHN BAYLIS STEVE SMITH PATRICIA OWENS. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S . . The High Court of Sierra Leone is divided into the: General Civil Division; Criminal Division; Commercial and Admiralty Division; Family and Probate Division and Land and Property Division. 21. 0000035343 00000 n to be given to the keeper of the prison in which such accused may be detained, and also shall forthwith cause a similar notice in writing to be given to any witnesses bound over to prosecute and to their sureties (if any), and also to the accused and his sureties in case he shall have been admitted to bail. (2) After such period as the Judge considers reasonable the jury may deliver their verdict, or state that they are not unanimous. 56. 37. Offences by public officers abroad and offences on aircraft. 27. E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published. I,(name) of(address), do hereby bind myself to. For the purposes of this subsection the expression "examining officer", "motor vehicle" and "trailer" shall have the meanings respectively assigned to them under the Road Traffic Act, 1964. (b) Nothing in this Act shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness, without the consent of that person. In the..Court at. To..(keeper of Prison or constable). So soon as conveniently may be after the sentence of death has been pronounced, the presiding Judge shall forward to the Governor0General through the Prime Minister a copy of the finding and sentence, and of his notes of evidence taken at the trial, with a report in writing signed by him containing any recommendations or observations on the case which he thinks fit to make. (b) if such criminal offence is not punishable by death be tried by the court with a jury consisting of twelve men: unless, i.such person shall have elected to be tried, or shall have been ordered to be tried by the court with the aid of Assessors in accordance with the provisions of sections 144: or. Search of place entered by person sought to be arrested. If, after receipt of the authenticated copy of the depositions and statement provided for by section 124 and before the trial before the Supreme Court, the Attorney- General or the Solicitor-General authorised in writing by the Attorney-General for the purposes of this section, is of the opinion that further investigation is required before such trial, it shall be lawful for the Attorney-General or Solicitor-General to direct that the original depositions be remitted to the Court which committed the accused person for trial, and that further evidence be taken generally or in respect of any particular matter, and in respect of such original depositions such Court shall re-open the case and after taking such further evidence shall deal with the case in accordance with the provisions of sections 115 to 128. DATED this.day of. (1) Any Court issuing a warrant for the arrest of any person in respect of any offence other than murder or treason may, in its discretion, direct by endorsement on the warrant that, if such person enter into a recognisance with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed by the Court, the officer to whom the warrant is directed shall take such security and shall released such person from custody. courts in Sierra Leone and over any adjudicating authority; and in exercise of its supervisory jurisdiction shall have power to issue such directions, orders or writs including writs of habeas corpus, orders of . Section 4 of the Local Courts Act is hereby amended as follows. Address by Registrar to accused before jurors are sworn. (1) In this Part the expression "representative" in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing by which the representative of a corporation is by this Part authorised to do, but a person so appointed shall not by virtue only of being so appointed, be qualified to act on behalf of the corporation before any Court for any other purpose. 198. sessions but one after the sessions to which he was originally committed he shall on his application made on the last day of such first mentioned sessions be acquitted and discharged, unless the Court sees good reason to the contrary . The sealing of any order, summons or warrant shall not be necessary in addition to the signature of the Judge or Magistrate or Justice of the Peace by whom the same shall be signed, except in cases where sealing is expressly directed by this or any other Act. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. In the..Court at. To.(he bailiff or other person concerned), Whereas in the matter of a charge of.preferred at the instance, of..(prosecutor) against..(accused) (defendant) it was. (4)The Court may presume that the signature to any such document is genuine, and that the person signing it held the office which he professed to hold or was recognized as an assayer or mineralogist at the time when he signed it. (2)When the true name and place of resident have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a court if so required. Copies of lists to be sent to Sheriff. Date of assent: 01 March 2065. inat. Now these are to authorise you with such assistance as you may quire to search all persons found therein and it found to produce such..(animal, matter or thing) forthwith before this Court together with this warrant. Criminal sessions of the Supreme Court shall be held at such times as may be prescribed by or under Rules of Court, made by the Rules of Court Committee established under section 22 of the Courts Act. (name) of(address). f.A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless, i.the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or, ii. I,(name of accused) ofCourt on a charge, ofand required To give security to take my trial before the, said ..Court, do hereby bind myself to be and appear before the, saidCourt at ..when call upon to answer the charge. The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient. Return of property found on person arrested, and release of property returned in Courts. 153. A Court may, before passing sentence, receive such evidence as it thinks fit, in order to inform itself as to the sentence proper to be passed. 215. (1) If from the absence of a witness, or from any other reasonable cause recorded in the minutes the Court considers it advisable to adjourn the preliminary investigation and the accused is not admitted to bail, the Court may, by warrant, from time to time, remand the accused for a reasonable time, not exceeding eight clear days at any one time, to some prison or other place of security. Procuring obscene libel (or thing) with intent to sell or publish. *In case of notice to the prosecutor these words should be struck out. (3) On the restitution of any stolen property if it appears to the Court by the Evidence that the person convicted has sold the stolen property to any person, and that such person has had no knowledge that the same was stolen, and that any moneys have been taken from the person convicted on his apprehension and not returned to him under section 59, the Court may, on the application of such purchaser, order that out of such moneys a sum not exceeding the amount of the proceeds of such sale be delivered to the said purchaser. 30. (2)The Judge may act on the application of any party interested after due notice to all other interested parties. It also refers to any security which the court may demand such as cash or a bond required by the court for . 92. B., on theday of.atin the Western Area of Sierra Leone, being clerk or servant to. COURT OF APPEAL RULES 5 Rel. The Sheriff shall in each case cause the duplicate of every certificate and declaration required by this Act to be exhibited, as soon as may be, and kept exhibited for twenty-four hours at least, on or near the principal entrance of the Prison or some other public building or place situate within the district wherein judgment of death is executed. of AND WHEREAS the.has not paid the said. 0000014786 00000 n 31. (2)Except where express provision is made to the contrary, every sentence shall be deemed to commence from, and to include the whole of the day of the date on which it was pronounced. Privilege of persons committed for trial. Commencement. 82. 145. (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. On 11 January 2022, the President of Sierra Leone assented to the Finance Act 2022. If the statement taken in writing under section 61 relates or is expected to relate to an offence for which any person is under a charge or committal for trial, reasonable notice of the intention to take the same shall be served upon the prosecutor and accused, and if the accused is in custody, he shall be brought by the person in whose charge he is, under an order in writing of the Court, to the place where the statement is to be taken. Robbery with aggravation - Criminal Procedure (Amendment) Act 1973. The lease in s question was made in May 1962. Trial by Judge with the aid of Assessors or by Judge alone at instance of the Attorney-General. b.sentenced by a Court to a term of imprisonment, the Registrar or other proper officer of the Court shall soon as may be practicable, inform, i.in the case of a member of the House, the Speaker, and. In theCourt at. THE GLOBALIZATION OF WORLD POLITICS AN INTRODUCTION TO INTERNATIONAL RELATIONS. he has given evidence against any other person charged with the same offence. The African Elephant Conservation Act Central Africa has been a major focus of technical and financial support through AfECF. (4)The search warrant shall be executed by the constable or other person who shall have charge thereof; but he may be accompanied by any other persons necessary to assist him. 56. It turns out that an overwhelming majority of Sierra Leoneans oppose higher taxes, even though it is widely agreed that public service provision is very poor in the country. 178. 39. All warrants to enforce the payment of money due in respect of fines, penalties and forfeited recognizances shall be sufficiently addressed for execution by being directed in the Western Area to the Sheriff, and in the Provinces to the Sheriff of the Province or the Deputy Sheriff of a district. 45. (1) Any constable may without a warrant arrest -. All person qualified as jurors under this Act shall be liable to serve as such, not only at any session of the Supreme Court within the district for which they shall have been appointed, but also upon any Coroner's jury, when summoned to attend thereon. 80. (3)The deposition of each witness shall include answers given by the witness in reply to questions put to the witness in cross-examination. (3)When the whole is made conformable to what the accused declares is the truth, the statement shall be attested by the Magistrate, who shall certify that such statement was taken in his presence and hearing and contains accurately the whole statement made by the accused. . Such punishment may be inflicted summarily on an order to that effect by the Court, and any fine imposed shall be recoverable by distress and sale of the moveable and immoveable property of the person fined, by warrant of distress to be signed by the Registrar of the Court, which warrant shall be issued by the Sheriff without further order of the Court, if the amount of fine is not paid within six days of its having come to his knowledge by notice or otherwise that the fine has been imposed, if imposed in his absence. (9) Where a previous conviction of an offence is charged in an information or indictment it shall be charged at the end of the information or indictment by means of a statement that the accused has been previously convicted of that offence at a certain time and place without stating the particulars of the offence. ..(animal, matter or thing) be found. 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