sierra leone court act, 1965 pdf

49. 2. (3)Should the true name and place of residence of that person be not ascertained within twenty-four hours from the time of arrest, or should he fail to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be brought before the nearest Court having jurisdiction. 10. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. When the accused or defendant comes before the Court on summons or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear, the Court shall dismiss the charge, unless for some reason it thinks fit to adjourn or further adjourn the hearing. The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient prima facie proof of any deposition or statement and that the same was taken in all respects according to law, and such attestation and signature shall be admitted without proof, unless the court shall see reason to doubt the genuineness thereof. (2) (a) Proceedings before a Magistrate previous to the committal of an offender for trial or to the determination of the Magistrate that the offender is to be put on trial, shall not be deemed proceedings for the trial of the offence committed by such offender for the purposes of the said consent and certificate under this section. purporting to be the will of C. D., knowing the same to be forged and with intent to defraud. QUALIFICATIONS OF JURORS AND PREPARATIONS OF JURORS' LIST. 227. 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. b.the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; c.the Court before which the person arrested it to attend; and. Pilots of ships in actual practice and licensed as such; xiv. (4)If in any case in which the attendance of defendant is dispensed with under this section, previous convictions are alleged against him and are not admitted in writing, the court may adjourn the proceedings and direct the personal attendance of the defendant and, if necessary, enforce such attendance in manner hereinafter provided. (2)The whole of the statement of the accused shall be recorded in full, and shall be shown or read to the accused, and he shall be at liberty to explain or add to his statement. i . The following is read by the Magistrate and explained to the accused. The Adoption Act of Sierra Leone - Volume 36 Issue 1. I,..(name of accused) being brought before the, .(Magistrate) at..charged with, ..(statement of offence), do hereby bind myself to attend in, the..Court aton the said charge and to continue so to. A. of Act No. 81. 171. Search warrants may be executed outside jurisdiction of Court issuing them in certain cases. Conduct and precedence of prosecutions. In case of refusal may be imprisoned. 0000010705 00000 n I plead guilty to the above written charge. I,(name) of(address), do hereby bind myself to. Subsection (1) of section 26 of the principal Act is hereby amended by the repeal of the Scale of "Fine and Period of Imprisonment" thereunder, and the replacement therefor of the following new scale, Exceeding one leone but not exceeding two leones Exceeding two leones but not exceeding four leones Exceeding four leones but not exceeding ten leones Exceeding ten leones but not exceeding twenty leones Exceeding twenty leones but not exceeding one hundred leones, 8. 0000006358 00000 n 96. Offences by public officers abroad and offences on aircraft. In the event of a committal for trial the written charge, the depositions, the statement of the accused, his answer recorded under section 116 (if any), the recognisances of bail (if any) and any documents and things which have been put in evidence, shall be transmitted in proper time to the Supreme Court; and an authenticated copy of the depositions, documentary exhibits and statement and answer aforesaid shall be transmitted to the Attorney-General. 63. Medical practitioners and dental surgeons in actual practice and their dispensers and assistants; v.Registered druggists and nurses in actual practice; vi. A person who has been committed for trial shall be entitled at any time before the trial to have a copy of the depositions on payment of a reasonable sum not exceeding four cents for every seventy-two words, or, if the Court thinks fit, without payment. A. Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. e.A person charged and being a witness in pursuance of this Act may be asked any question in cross-examination, notwithstanding that it would tend to criminate him as to the offence charged. 168. 108. 3. The Magistrate's Court shall, on committing the accused person for trial, inform him of his right to require the attendance at the trial of any such witness as aforesaid, and of the steps which he must take for the purpose of enforcing such attendance. The Governor-General shall issue an order under his hand and the Public Seal which may be in one of the forms set out in the Second Schedule, and if the sentence is to be carried out shall state the place, which shall be private and the time where and when the execution is to be had, and shall give directions as to the place of burial of the body of the person executed; and if the person sentenced is pardoned, the pardon shall state whether it is free or to what conditions it is subject. I,.(Judge of the Supreme Court or other designation) hereby certify that the, condition of the recognisance entered into by..and set out on the obverse hereof has not been, You are hereby directed to cause to be served upon the said..the order and notice required b. section 129 of the Criminal Procedure Act, 1965: And you are further directed that if the said sum shall not have been paid to you within six days of the service of such order and notice, you shall proceed to recover the same by distress and sale of the goods and chattels of the, saidand in default of the amount being so recovered you shall lodge the said, ..in the prison at.there to be kept safely for a period. Where any person is to be sent in custody in pursuance of section 37, a warrant shall be issued by the Remitting Court and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him and deliver him up to the Court to which the person charged is remitted for trial. 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. 7. 227. 156. (5)A search warrant shall ordinarily be executed between the hours of five o'clock in the morning and ten o'clock at night, but the Judge, Magistrate or Justice of the Peace issuing the same may by an order endorsed thereon, give authority for its execution at any other time. One project developed and implemented in cooperation with the World Wildlife Fund and the government of the Central African Republic emphasizes conservation of elephants and their habitats in protected areas such as the . Justice of the Peace to assist Magistrate. English was first introduced on the island when the United States had acquired Puerto Rico as a U.S. territory after the Spanish-American War and the Treaty of Paris in 1898 but . Postponement of trial, recognisances. (2) The keeper of a prison in which a person is confined who is desirous of taking advantage of the provisions of subsection (1) shall, on application being made to him by such prisoner, at once take him before a Court, and such Court shall certify the amount by which the period of imprisonment originally awarded is reduced by such payment in part in satisfaction, and shall make such order as is required in the circumstances. Being an Act to provide for the establishment and operation of Local Courts, the administration of justice in the provinces and for other related matters. 127. (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. (1) Any public officer, who commits outside Sierra Leone, when acting or purporting to act in the course of his duties, any act, which if committed in Sierra Leone would be an offence shall be guilty of an offence of the same nature, and subject to the same punishment, as if the act had been committed in Sierra Leone. 176. Subsection (4) of section 42 of the principal Act is hereby repealed. Conditions precedent to trial of foreigners for offences committed in territorial sea. Certificate required by section 141, Criminal Procedure Act 1965. (1) A corporation that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as the punishment for that offence, or where no fine is Prescribed, a.to be fined in an amount that is in the discretion of the Court where the offence is triable on indictment; or. Accused to be informed of complaint. A. (5) When a person is charged with obtaining any chattel, money or valuable security by false pretences with intent to defraud and it is proved that he stole the property in question, he may be convicted of stealing it although he was not charged with that offense. (2) If the accused states that he has witnesses to call but they are not present, the Court may, under the circumstances set forth in section 117, take the steps therein mentioned to compel their attendance. 99. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. him at liberty returning this warrant with an endorsement certifying the manner of its execution. TAKE NOTICE that you will be tried on the indictment, whereof this is a true copy, at the Sessions of the Supreme Court to be held aton theday of.19. 139. 170. (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. Having, heard the evidence do you wish to say anything in answer to the charge (or charges)? 172. 42. Abstract/Citation: Entitled "The Employers and Employed Ordinance" prior to independence. the offence of.and I consider it advisable to adjourn the examination into the said charge: Now these are to command you to receive the saidinto your custody and safely to keep him and, produce him before me at.at.m, or theday of, .19and hereafter from time to time as may be notified to you by. 101. A. 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. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. 84. 0000001488 00000 n 144 Sudanese Nationality Act 1994, as amended by Act No. (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. 169. 0000035343 00000 n (1) Every Court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Sierra Leone, or which according to law may be dealt with as if it had been committed within Sierra Leone, and any person within such limits against whom a complaints is made on which the Court has power to make any order for the payment of money or otherwise, and to deal with all such persons according to its jurisdiction. 122. 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. CUSTOMARY JUSTICE As in many post-colonial countries, Sierra Leone has a dual legal system and this dualism is recognised in the 1965 Courts Act. (1) In a trial on indictment for murder or manslaughter, the declaration of a, person, whether it be made in the presence of the accused person or not, may be given in evidence if the. In any information or indictment against any person in which evidence of the previous conviction, or acquittal of such person for any offence is relevant to the issue, a certificate containing the substance and effect only (omitting. sl-government-gazette-dated-2022-02-03-no-5.pdf Sierra Leone Government Gazette dated 2022-01-27 number 4. sl-government-gazette-dated-2022-01-27-no-4.pdf ii. (2)Any document purporting to be an original report under the hand of a qualified medical practitioner or dentist relating to the nature or extent of the injuries of any person certified to have been examined by such practitioner or dentist, may if it is directed to the Court or is produced by any constable to whom it is addressed or by someone acting on his behalf, be admitted as evidence of the facts therein stated in any preliminary investigation or trial before a Magistrate's Court. Calling of husband and wife in certain cases. The Court, having heard the witnesses and other evidence adduced, and what may be alleged by the parties themselves or their counsel, shall consider the whole matter, and finally determine the case, and shall either convict the accused or the defendant and pass sentence or make an order against him according to law or acquit him as the case may be and shall cause a record to be made of the point or points for determination, the decision therein and the reason for the decision: Provided that the Court may, at any time before such final determination upon being satisfied that there are sufficient grounds for doing so, allow the prosecutor to withdraw any charge against the accused or the defendant whereupon such charge shall be deemed to be dismissed. Arson, contrary to section 3 of the malicious Damage Act, 1861. 0000010728 00000 n A. Hb```f````c` 6Pa'C Vbq310g`g``}p@v/q* @Y`;+^|& bi55 # endstream endobj 387 0 obj 146 endobj 351 0 obj << /Type /Page /Parent 347 0 R /Resources << /ColorSpace << /CS2 354 0 R /CS3 357 0 R >> /ExtGState << /GS2 379 0 R /GS3 380 0 R >> /Font << /TT4 355 0 R /TT5 353 0 R /TT6 361 0 R /TT7 363 0 R >> /XObject << /Im1 385 0 R >> /ProcSet [ /PDF /Text /ImageC ] >> /Contents [ 359 0 R 365 0 R 367 0 R 369 0 R 371 0 R 373 0 R 375 0 R 377 0 R ] /MediaBox [ 0 0 612 792 ] /CropBox [ 0 0 612 792 ] /Rotate 0 /StructParents 0 >> endobj 352 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 0 /Descent -216 /Flags 98 /FontBBox [ -498 -307 1120 1023 ] /FontName /EDMNNK+TimesNewRoman,Italic /ItalicAngle -15 /StemV 83.31799 /FontFile2 378 0 R >> endobj 353 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 147 /Widths [ 250 0 0 0 0 0 0 0 0 0 0 0 250 333 250 0 0 500 0 0 0 500 500 0 0 500 0 0 0 0 0 0 0 611 0 667 0 0 611 722 722 333 0 0 0 0 0 722 611 0 611 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 500 444 500 444 278 500 500 278 0 444 278 722 500 500 500 0 389 389 278 500 444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 556 ] /Encoding /WinAnsiEncoding /BaseFont /EDMNNK+TimesNewRoman,Italic /FontDescriptor 352 0 R >> endobj 354 0 obj [ /ICCBased 382 0 R ] endobj 355 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 151 /Widths [ 250 0 0 0 0 0 0 0 333 333 0 0 250 333 250 0 500 500 500 500 500 500 500 500 500 500 278 278 0 0 0 0 0 722 667 667 722 611 556 722 722 333 389 0 611 889 722 722 556 722 667 556 611 0 722 944 0 0 0 333 0 333 0 0 0 444 500 444 500 444 333 500 500 278 278 500 278 778 500 500 500 0 333 389 278 500 500 722 500 500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 444 444 0 0 1000 ] /Encoding /WinAnsiEncoding /BaseFont /EDMNKK+TimesNewRoman /FontDescriptor 356 0 R >> endobj 356 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 656 /Descent -216 /Flags 34 /FontBBox [ -568 -307 2028 1007 ] /FontName /EDMNKK+TimesNewRoman /ItalicAngle 0 /StemV 94 /XHeight 0 /FontFile2 381 0 R >> endobj 357 0 obj /DeviceGray endobj 358 0 obj 1459 endobj 359 0 obj << /Filter /FlateDecode /Length 358 0 R >> stream Except where the person arrested is in the actual course of the commission of a crime or is pursued immediately after escape from lawful custody, the constable or other person making the arrest shall inform the person arrested of the cause of the arrest, and if the constable or other person is acting under the authority of a warrant, shall notify the substance thereof to the person to be arrested, and if so required shall show him the warrant. A person, who has been once tried for an offence and convicted or acquitted of such offence, shall not be liable to be tried against on the same facts for the same offence or any other offence of which he could have been lawfully convicted at the first trial, unless a retrial is ordered by a Court having power to do so. 19 - Aug. 2012 COURT OF APPEAL RULES PART I TITLE AND INTERPRETATION Title 1 These rules may be cited as The Court of Appeal Rules. 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. (1) If a person committed for trial in the Supreme Court other than on a charge of treason or murder shall not have been tried by the end of the next criminal sessions after the sessions to which he was originally committed he shall, if in prison, on his application made in the last day of such first mentioned sessions be admitted to bail unless it be made to appear to the Court on oath that the prosecution witnesses or any of Them could not have been brought before the Court before the end of that sessions. of AND WHEREAS the.has not paid the said. Section 4 of the Local Courts Act is hereby amended as follows, a)by the insertion immediately after the word "Vice-President" in line 2 of subsection (1) thereof of the words "or Vice-Presidents where he considers it necessary to appoint more than one"; and. (1) No indictment shall be signed or filed in respect of any criminal offence unless there has been a committal for trial consequent upon a previous preliminary investigation in accordance with the provisions of Part III or an enquiry or inquest held in accordance with the provisions of the Coroners Act, except in the case of indictments which by law may be preferred by the direction of, or with the consent in writing of, a Judge, and, in the case of informations known as ex-officio informations, by the Attorney-General: Provided that where the accused has been committed for trial the indictment may include either in substitution for or in addition to counts charging the offence for which he was committed, any counts founded on facts or evidence disclosed in the depositions being counts which may be lawfully joined in the same indictment. DECLARATION OF EXECUTION OF JUDGMENT OF DEATH, We, the undersigned hereby declare that judgment of death was this day executed onin. Subject to the provisions of section 80, all arrested persons shall be brought as soon as possible before the Court having jurisdiction in the case, or the Court within the local limits of whose jurisdiction any such person was arrested. Every indictment, when signed, shall be filed in the Supreme Court. 0000014786 00000 n The charge/charges against you is/are..(here set out charge or charges. You are hereby commanded to arrest the said..and to produce him before me. In 2007, Kanu was convicted of committing war crimes and crimes against humanity . Evidence for arriving at proper sentence. 140. Error or omission not to affect legality or execution of order or warrant. Time and mode of summoning parties on indictment. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. The Laws of Sierra Leone on the Sierra Leone Web The Local Courts (Amendment) Act, 1965 A SSENTED to in Her Majesty's name this 1st day of October, 1965. . . a.by substituting in the second line thereof for the words "measuring, photographing and taking of fingerprint impressions or other" the words "and making of"; b.by deleting in lines 9 and 10 thereof the words "measurements, photographs, fingerprint impressions or other.". B., on theday of.19at Freetown in the Western Area of Sierra, Leone, being a witness upon the trial of an action in the Supreme Court of Sierra Leone in which one.was, plaintiff, and one..was defendant, knowingly falsely swore that he was one M. N. in the street called. 145. 15. (statement of offence). a Being an Act to establish the Sierra Leone Correction . And I hereby authorise you to enter by force into the.(Place to be searched) if you are not admitted after. The Sheriff and Keeper and Chaplain of the Prison or other minister of religion and such other person present (if any) as the Sheriff requires or allows shall also sign a declaration in duplicate to the effect that judgment of death has been executed on the offender. He was one of a group of seventeen soldiers in the military of Sierra Leone who successfully staged a coup that ousted president Ahmad Tejan Kabbah in May 1997. 148. For the purposes of sections 86 to 90. (1) The description of property in a count in an information or indictment shall be in ordinary language, and such as to indicate with reasonable clearness the property referred to and if the property is so described it shall not be necessary, except when required for the purpose of describing an offence depending on any special ownership of property or special value of property, to name he person to whom the property belongs or the value of the property. 124. Freetown, Sierra Leone THE INITIATIVES AND PRACTICES OF SIERRA LEONE'S PREVENTIVE ANTI-CORRUPTION BODIES AS PER ARTICLE 6 OF THE UNCAC 1. (2) The signature and attestation of the Judge or Magistrate by whom such statement was taken shall be sufficient prima facie proof of any statement, and that the same was taken in all respects according to law, and such attestation and signature shall be admitted without proof unless the Court shall see reason to doubt the genuineness thereof. Judge only may authorize search in Post and Telegraph Offices. 179. These Rules may be cited as the Criminal Procedure Rules. Proof of service outside local limits of jurisdiction. 2. 0000035136 00000 n And I hereby direct you to arrest the occupier of the said.(place to be searched) if any such. If the accused or defendant admits the truth of the charge the Court may convict him thereof, or refuse to accept a plea of in guilty, as it thinks fit. 40. 13. Fraudulent conversion of property, contrary to section 20 (1) (iv) (a) of the Larceny Act, 1916. The Registrar or any other person directed by the Court shall endorse on, or annex to, every indictment and, every copy thereof to be delivered to the Sheriff or Deputy Sheriff for service on the accused, a notice of trial, which notice shall be in the following form, or as near thereto as may be. Only may authorize search in Post and Telegraph Offices establish the Sierra Leone - Volume 36 Issue 1 may. 1 ) ( a ) of the malicious Damage Act, 1916 war crimes and crimes against.! Section 42 of the said.. and to produce him before me conversion property! Explained to the accused warrants may be cited as the Criminal Procedure Act.! Be subjected to more restraint than is necessary to prevent his escape Act, 1861 occupier of the new... Into the may be cited as the Criminal Procedure Rules force into the brought before the.... 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