The Sheriff and the Keeper of the Prison, the Medical Officer in charge of the Prison, the Chaplain of the Prison or other minister of religion, and such other officers of the prison as the Sheriff requires shall be present at the. (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. *A.(if names are given record them). 31. E-Book Overview. 56. When a person is accused of the commission of any offence by reason of anything which has been done or of anything which has been omitted to be done, and of any consequence which has ensued, such offence may be enquired into or tried in any district in which any such thing has been done or omitted to be done, or any such consequence has ensued. 69. The Flag of which the design is described in paragraph (b) hereof is hereby declared to be the . 94. 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. 9. (2) Where property is vested in more than one person, and the owners of the property are referred to in an information or indictment, it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owing the property are a body of persons with a collective name, such as a joint-stock company or "Inhabitants," "Trustees," "Commissioners," or "Club" or other such name, it shall be sufficient to use the collective name without naming any the individual. 240. do you wish to say anything in answer to the charge (or charges)? The Sheriff shall cause to be delivered to the Registrar of the Court a panel containing the names, occupations and places of residence of the persons so summoned, a copy of which shall be affixed by the Registrar in the Court Hall. African Law (AfricanLII) . 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. 224. But, except with the leave of the Court, the prosecutor shall not in any case be allowed to make any observations by way of reply to the evidence adduced by the accused or the defendant nor, without such leave as aforesaid, shall the accused or the defendant in any case be allowed to make any observations on evidence adduced by the prosecutor in reply. Spanish has been an official language in Puerto Rico since it was first colonized by Spain in the 15th century. 131. Image. The respondent claimed that the deceased had sold the land to him some time in . 109. Treason and other related offences under the Treason and State Offences Act 1963 3. 144. SLE42113.E - Sierra Leone: Treatment of Revolutionary United Front (RUF) prisoners upon the signing of the Lome Accord and the subsequent ceasefire agreement; details of the amnesty granted to members of the RUF - Nov. 2003 C.D., with intent to defraud, made or concurred in making a false entry in a cash book belonging to the said C.D., his employer, purporting to show that on the said day Le100 had been paid to L. M. A. (2) Except with the leave of the Court, no person other than a juror shall speak to or hold any communication with any member of the jury while the jury are considering their verdict. Abstract/Citation: Comprehensive legislation on criminal procedure. 191. Statements as to wages to be evidence. Procedure to be followed where accused is undefended. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S . him at liberty returning this warrant with an endorsement certifying the manner of its execution. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. The Magistrate in settling the lists shall mark off the names of such persons as he shall deem suitable to serve as special jurors in each district. 32. (Particulars to specify pages and lines complained of where necessary as in book). 138. (1) The accused person shall be allowed to examine any witness, although not previously bound over to give evidence and shall, if he apprehends that the witness will not attend the trial voluntarily, be entitled to apply for the issue of process to compel the witness's attendance. PART IV - INDICTMENT AND TRIAL IN THE SUPREME COURT. 249. (3)The length of any term of imprisonment imposed by the sentence of any Court shall be treated as reduced by any period during which the offender was in custody before sentence by reason only of having been committed for trial, or remanded, after arraignment. 0000003117 00000 n THE COURTS (AMENDMENT) ACT. B. and C.D. Penalty on jurors not attending or refusing to serve. (1) The statement of the accused duly recorded by or before the committing Court and whether signed by the accused or not, may be given in evidence without further proof thereof by the prosecution unless it is proved that the Magistrate purporting to sign it did not in fact sign it. 96. If the Attorney-General is of the opinion that there is in any case committed for trial any material or necessary witness other than those mentioned in the depositions, the prosecutor may call the witness before the trial Court upon giving to the Registrar of the Court and to the accused notice of his intention to do so together with a summary of the evidence to be given by the witness. (1) Where in the course of a criminal trial any member of the jury dies or is discharged by the Court as being through illness incapable of continuing to act or for any other reason, the jury shall nevertheless, subject to assent being given in writing by or on behalf of both the prosecutor and the accused and so long as the number of its members is not reduced below ten, be considered as remaining for all the purposes of that trial properly constituted and the trial shall proceed and a verdict may be given accordingly. 74. C h a r l e s W. L . (b) it shall be sufficient if only the words of the section of the enactment creating the offence are set out in the particulars of the offence. In this Act, unless a contrary intention appears -. " Where a person is before the Magistrate charge with an offence which is triable exclusively by the Supreme Court or in the opinion of the Magistrate ought to be tried by such court, the Magistrate shall conduct a preliminary investigation into the charge alleged, in accordance with the procedure laid down in this Part. To.(keeper of Prison or constable) at. or exemption from or qualification to the operation of the enactment creating the offence. 25 dated 31st May, 2007 ii. B., might retain the same in safe custody. B., on theday ofatin the Western Area of Sierra Leone, did counsel, procure, and. This is an unofficial consolidation. (2)Where a criminal lunatic is conditionally discharged in pursuance of this Act, a report of his condition shall be made to the Minister by such person, at such times and containing such particulars as may be required by the order of discharge. When statement may be used in evidence. 159. 33. 251. If such money be directed to be paid by instalments and default is made in the payment of any one instalment, all instalments then remaining unpaid shall become immediately due. (2) If either the prosecutor or accused shall refuse to give his assent the Court may direct that a juror shall be added and the jury re-sworn, or that the jury shall be discharged and a new jury empanelled and in either of these cases the trial shall commence anew. (2) The Remitting Court shall send to the Court to which the person charged is remitted for trial an authenticated copy of the information, summons, warrant and all other process or documents in its possession relative to such person. 189. (1) Where, before trial upon indictment or at any stage of such trial, it appears to the Court that the indictment is defective, the Court shall make such order for the amendment of the indictment as the Court thinks necessary to meet the circumstances of the case, unless having regard to the merits of the case, the required amendments cannot be made without injustice. Share on Twitter. 85. Interpretation Expenses of commitment .. Calling of husband and wife in certain cases. (3)If a Magistrate's Court imposes a fine on a defendant whose personal attendance has been dispensed with under this section and the fine is not paid within the time prescribed, the court may forthwith issue a summons calling upon the defendant to show cause why he should not be committed to prison. 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. (2) Every such warrant shall state shortly the offence with which the person against whom it is issued is charged and shall name or otherwise describe such person and it shall order the person or persons to whom it is directed to apprehend the person against whom it is issued and bring him before the Court issuing the warrant or before some other court having jurisdiction in the case to answer to the charge therein mentioned and to be further dealt with. Authority for carrying out sentences not capital. 10 Local Courts Act 2011 Short title. 198. (4)The deposition of each witness shall be read over to the witness and signed by him and attested by the Magistrate in his presence. (2) The persons charged may object to any assessors so appointed and the Court shall refuse to allow any such assessor to sit if the grounds for such objection are substantial and reasonable. In the event of any person liable and suitable to serve as a juror being found at any district after the lists are settled for the year, it shall be lawful for the Magistrate to place the name of such person on the list, either as a special or common juror, as the case may be, and such person shall be liable to serve as such juror till fresh lists are brought into force, and whenever any juror on the list may have become disqualified, his name shall be expunged. answer a charge of..(statement of offence): Now these are to command you to produce the said prisoner before me at atmonitoring, Day of.19, and to insure his further attendance from time to time until the said charge shall have, Affidavit of Service of Summons out of the Jurisdiction. a.any valuable security which has been bona fide paid or discharged by any person liable to pay or discharge the same; or, b.any negotiable instrument or money which shall have been bona fide received by transfer or delivery by any person for a just and valuable consideration without notice, or without any reasonable cause to suspect, that it had been stolen or otherwise dishonestly obtained; or. . Power to take depositions of persons dangerously ill. 62. and obscene libel the particulars of which ate deposited with this indictment. The Court may at any time amend any defect in substance or in form in any order or warrant, and no omission or error as to time and place, and no defect in form in any order or warrant given under this Act, shall be held to render void or unlawful any act done or intended to be done by virtue of such order or warrant; provided that it is therein mentioned, or may be inferred therefrom, that is founded on an information, conviction or judgment sufficient to sustain the same. In addition to and independently of the facilities provided by section 30, it shall be lawful for any constable to detain any person carrying or conveying along any square, street, highway, quay or avenue or other public place any animal, matter or thing which such constable shall suspect of having been stolen or otherwise unlawfully obtained, or in respect of which he shall suspect that any criminal offence has been, is being or is about to be committed, and to examine any box, parcel, basket, bundle, or other package carried or conveyed by such person which he may reasonably suspect to contain any such animal, matter or thing as aforesaid; and if such person does not give a satisfactory account of himself and of any animal, matter or thing such examination may discover, to arrest such person and cause him to be taken before a Court as soon as practicable to be dealt with according to law. (5)Where any person is charged jointly with a corporation with an offence triable on indictment and either that person or the corporation by its representative does not consent that the offence should be dealt with summarily in pursuance of section 6 of the Courts Act, 1965, the Court shall not have power to deal summarily with the offence in the case of the other offender. During an adjournment the Court may in its discretion, according to the nature and circumstances of each case and subject to the provision of section 79, either suffer the accused or defendant to go at large or commit him by warrant to such prison or other place of security, or to such other safe custody as the Court thinks fit, or may discharge him on his entering into a recognizance with or without a surety or sureties. 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. property taken care of and prevented from doing injury to himself or any other person or property, and for his appearance when required before the Court or before such officer as the Court may appoint in that behalf. 0000003688 00000 n A mere 10-15% of Sierra Leoneans think the government should tax more, while 47% or rural and 24% of urban people think it should tax less. WHEREAS by a judgment of the Supreme Court bearing date theday of 19..(name of prisoner) was convicted of murder and was thereupon by the said Court sentenced to suffer, NOW, THEREFORE, these are to command you privately to carry the said sentence into execution by causing the, said..to suffer death by being hanged by the neck until he is dead, atm on.the.day, of.19.., and within the precincts of the prison at.and thereafter to cause the, dead body of the said.to be buried in the.(cemetery), at..(place and for so doing these shall be your sufficient authority: and there upon without delay. custody together with this warrant, and there to carry the aforesaid sentence into execution according to law. 150. 45. at the time of making the declaration believed himself to be in danger of approaching death although he may have entertained at the time of making it, hopes of recovery. 86. CONTROL OF ATTORNEY-GENERAL OVER CRIMINAL PROCEEDINGS. ..(animal, matter or thing) be found. Sierra Leone. D^[h58DG+p!e LSj[?e?g D3c}* P`m>Dl-=^4[#ZDQKV.==9,4`:E]nh8:?1)G3X$f1L'4'WVF t:#gi coR# he has given evidence against any other person charged with the same offence. (1) Nothing herein contained shall prevent the Court from exempting any person from serving as a juror at any session or any trial for reasonable cause, a certificate bearing the signature of a Medical Practitioner setting out that any person required to attend as a juror is unable from the state of his health to do so, may, on the court being satisfied of the signature to such certificate, be received as prima facie evidence of reasonable cause. In so doing, they may be guided, as appropriate, by the Criminal Procedure Act, 1965, of Sierra Leone . Now these are to command you to receive the said(name of accused) into your custody, and safely to keep him until the sittings of the Supreme Court to be held at.(place), on the.day of..19for the trial of accused. A draft arbitration act has been proposed by the Law Reform Commission but it is several stages away from being passed by Parliament. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. 122. The Court shall inform every person condemned to death of the period within which, if he desires to appeal, his notice of appeal or of his application for leave to appeal must be given. 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 220. WHEREAS..(name of offender) was on theday, of..19.convicted before me of the offence of.and. 0000001870 00000 n 230. Attorney-General may delegate certain powers to nolle prosequi, etc. 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. When the jury have considered their verdict, the foreman shall inform the Judge what their verdict is, or that they are not unanimous. 10. Procedure with regard to warrants to be enforced outside jurisdiction. CONVICTION FOR OFFENCE OTHER THAN CHARGED. This form must be used when as offence with which the defendant is charged is punished only by a fine. 213. Offences at sea or elsewhere out of Sierra Leone. "A.B. B. had the been sent by the said J. S. to S. P. for the said cloth, and that he, the said A. WHEREAS.(name) is lying ill/hurt at(address) and is not likely to recover, and, whereas it appears to me that the saidis able and willing to give material, information relating to the offence of.(statement of offence) alleged to have been committed, Now, therefore, take notice that I propose to take in writing and upon oath or affirmation the statement of the said. Conduct and precedence of prosecutions. 163. QUALIFICATIONS OF JURORS AND PREPARATION OF JURORS' LIST. (1) In any criminal case, and at any stage thereof before verdict or judgement, the Attorney-General may enter a, either by stating in Court or by informing the Court in writing that, the Crown intends that the proceedings shall not continue and thereupon the accused or the defendant as the case may be shall be at once discharged in respect of the charge for which the. 122. 185. 30. WHEREAS..(name of criminal lunatic) being charged before the, Court with the offence ofwas this day by special finding found to be, Now these are to authorise you to received the said..into your custody and safely to keep, WHEREAS.(name of accused), being charged before, the..Court atwith the offence, of.was by special finding the said Court to be not guilty of the act or, Now, therefore, I.the Minister responsible for Social Welfare, do hereby order the, said..of.to be confined in the mental. the Attorney-General shall not make the person a prosecutor; "Registrar" means any person appointed to perform the duties of a Registrar in any Court; "young person" means a person who is fourteen years of age or upwards and under the age of seventeen years. 210. No. 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. 187. 140. 110. (1) When the Court orders money to be paid by a convicted person, a.for a fine, penalty or the expenses of his prosecution; or. Notwithstanding the issuing of a summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused. Every Magistrate before whom any such recognizance shall be taken shall give a written notice to the person or persons entering into the same specifying the date and place at which his or their personal appearance is required, and the consequences of any failure to fulfill such obligation. Penalty for signing false certificate. A. You are not obliged to say anything unless you desire to do so but whatever you say will be taken down in writing and may be given in evidence upon your trial. B., Arson contrary to section 3 of the Malicious Damage Act, 1861 C.D., accessory before the fact to same offence. 101. (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. 21. 0000013422 00000 n (4) If the case is one in which bail may not be taken, or if sufficient security is not given, the Court shall report to the Minister who may order the accused to be confined in a mental hospital, prison or other suitable place of safe custody, and the Court shall issue a warrant in accordance with such order. 37. 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. 53. (1) At the close of the evidence for the prosecution and after the statement of the accused person before the committing Court has been put in evidence the Court shall in cases where the accused is not defended by counsel inform him of his right to address the Court, to give evidence on his own behalf of to make an unsworn statement and to call witnesses in his defence and in all cases shall require him or his counsel to state whether it is intended to call any witness as to fact other than the accused person himself. 154. b. Pursuant to the Courts Act, Act No 31 of 1965, Sierra Leone is constituted into Judicial Districts and Section 4 of the Act states that there shall be constituted Magistrate's Court in and for every judicial district. 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. 2. 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. of.days, and for so doing this shall be sufficient warrant and authority to all concerned. The room or place in which the Court sits to hear and determine the charge shall be an open and public Court, to which the public generally shall have access as far as it can conveniently contain them. (2)If the accused is found not guilty, the Judge shall record a judgment of acquittal. 107. If a person refuses to enter into such recognizance the Court may commit him to prison, or into the custody of any officer of the Court, there to remain until after the trial, unless in the meantime he enter into a recognizance. 92. purporting to be the will of C. D., knowing the same to be forged and with intent to defraud. (1) The Court shall then in the presence of the accused take the statements on oath of the witnesses of the prosecution and put such statements into writing (hereinafter referred to as "depositions"). Section 7 of the Courts Act, 1965 is amended by the repeal and replacement of subsection (1) thereof by the following:- 7. Sierra Leone Gazette Supplement: Acts, 1965-10-21, No. 86. And the Court shall then hear the accused. PART I - GENERAL PROVISIONS PROCEDURE 3. (2)Judge shall then give judgment, and in so doing shall not be bound to conform with the opinions of the assessors, but he shall record his judgment in writing and in every case the judgment shall contain the point or points for determination, the decision thereon and the reasons for the decision, and shall be dated and signed by the Judge at the time of pronouncing it.. (3)If the accused is convicted, the Judge shall pass sentence on him according to law. wherein you were bound, and further to give you notice that if within six days of the date of service of this order and notice upon you, you fail to pay the said sum the same may be recovered in manner prescribed by distress and sale of your goods and chattels, and in default of the amount being so recovered you may be imprisoned for a period up to days. Other days thereafter receive, comfort, harbour, assist and maintain the said H. C. Statement of Offence Robbery with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916. 190. A Magistrate may, if he is compelled to interrupt the conduct of a preliminary investigation by sickness, absence or other sufficient cause, appoint a deputy in writing under his hand, and such deputy shall, for the purpose of subsections (1) and (2) of section 113 (but in respect of the power to remand only), have the like powers as if he were the Magistrate. Form, contents and duration of warrant. B.and C..D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra. b.by way of compensation or otherwise under sections 54 or 60. the Court may either order immediate payment, or allow time for payment, or direct payment to be made by instalments. 2 of 1984 13 of 1986 10 of 1989 4 of 1991 27 of 1991 3 of 1992 2 of 1996 13 of 1996 17 of 1996 A. WHEREAS.(name of offender) was on the.day, of19..convicted before me of the offence of..and. 32. Indictment not to be filed without previous committal. No person shall be exempted from serving as a common juror by reason of being marked as a special juror. (2)A licence may be in such form and may contain such conditions as the Governor-General may direct. (2) In the case of persons who are charged jointly, if one or more (but not all) have elected in accordance with section 144 to be tried by the Court with the aid of assessors, he or they may withdraw that election and elect to be tried by a Judge alone provided this change of election is made before the time allowed by section 145 has expired, otherwise the change of election shall have no effect. 226. (1) Any constable may without a warrant arrest -. (2) If it is made to appear to any Court, by information on oath, that any person bound by recognizance is about to go out of Sierra Leone, the Court may cause him to be arrested and may commit him to prison until the trial, unless the Court shall see fit to admit him to bail upon further recognizance. 203. 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. B., on the..day of.atin the Western Area of Sierra Leone, with intent to defraud, forged. 225. a.to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Sierra Leone; b.to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and. Trial of children and young persons. If prisoner refuses or is unable to plead, how dealt with. .fine or any part thereof: Now these are to command you to receive the saidInto your custody together with this, warrant, and him safely to keep in the said prison for the said period of.unless the said. 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D. sierra leone court act, 1965 pdf then carrying on a genuine business as jewelers at.in the Western Area Sierra! Answer to sierra leone court act, 1965 pdf charge ( or charges ) to law with which the design is described in paragraph ( )! Is described in paragraph ( b ) hereof is hereby declared to be the be forged sierra leone court act, 1965 pdf intent... The charge ( or charges ) where necessary as in book ) be guided, as,...
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