Periodical report of criminal lunatics. 142. A warrant may be executed by the arrest of the accused at any place in Sierra Leone. (2) Where a prosecutor has actually received the compensation awarded under the provisions of subsection (1) or any part thereof the convicted person shall be released from all further or other proceedings by the prosecutor whether civil or criminal for the same cause. 131. a.that some question of law is likely to arise, which it is desirable should be decided by the Supreme Court; b.that an order under this section will tend to the general convenience of the parties or witnesses; or. Section 5 of the principal Act is hereby amended by the insertion immediately after the word "suspend" in line two thereof of the words, "or revoke the appointment of'. Statement of Offence Uttering counterfeit coin contrary to section 6 of the coinage Offences Act, 1965, B.,on the.day of.in the public market atin the Western Area of Sierra Leone, uttered a. counterfeit coin, knowing the same to be counterfeit. A. 135. If any assessor unable to attend, trial may proceed. WHEREAS information has been given to me upon oath of the commission or suspected or intended commission of, the offence of..(statement of offence) and it has been made to appear to me that there is reasonable cause to, suspect that..(specify the animal, matter or thing clearly) or some of them are concealed. 74. (10) Every indictment shall bear date on the day when the same is signed and With such modifications as shall be necessary to adopt it to the circumstances of each case, may commence in the following form:-, IN THE SUPREME COURT OF SIERRA LEONE The..day of 19. 246. (1) Notwithstanding the provisions of section 44 and 45 when a Director of Public Prosecutions shall have been appointed, he shall have power in any case in which he considers it desirable so to do. 0000091824 00000 n
(1) The Minister may from time to time by order direct the transfer to a mental hospital, prison or other suitable place of safe custody of any criminal lunatic detained in any other mental hospital, prison or other suitable place of safe custody and such criminal lunatic shall accordingly be received and detained in the mental hospital, prison or other place of safe custody, to which he is so transferred. 110. 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 period ofunless the sum of, ..(as set out at the foot hereof) be sooner paid, and on the receipt thereof forthwith to set. 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. (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. c.that such an order is otherwise expedient for the ends of Justice. 109. 65. 162. 75. do you wish to say anything in answer to the charge (or charges)? and obscene libel the particulars of which ate deposited with this indictment. 163. WHEREAS.(name) of.(address) was called Upon to enter into a recognisance to, prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of, to be preferred againstat the sittings of the, Court to be holden at.on.the. Download: Slone Links. The managers and cashiers of any Banks but so that not more than four persons from any one branch of each bank shall be so exempted; xv. 76. 117. 189. Sierra Leone Gazette Supplement: Acts, 1965-10-21, No. 78. (2) Where a witness has been, or is to be treated as having been bound over conditionally to attend the trial, the Attorney-General or the person committed for trial may give notice, at any time before the opening of the sessions of the Supreme Court at which the accused person has been committed to be tried, to the committing Magistrate's Court and at any time thereafter to the Registrar of the Supreme Court that he desires the witness to attend at the trial, and any such Court or Registrar to whom any such notice is given shall forthwith notify the witness that he is required so to attend in pursuance of his recognizance. Act, 1965 Assented to in Her Majesty's name this 8th day of June, 1965. 57. 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. trailer
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Procedure to be followed where accused is undefended. Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. When a warrant of arrest is executed outside the local limits of the jurisdiction of the Court issuing the warrant, the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Court within whose jurisdiction the arrest was made, be taken before such last-mentioned Court which shall deal with him in the same way as if brought before it under section 37. i.that an offence be enquired into or tried by the Supreme Court or any subordinate Court not empowered by sections 39 and 40 but in other respects competent to enquire into or try such offence; ii. The Native Administrative court, also known as local court of Sierra Leone, derives its authority from the Local Courts Act, 1963; the Courts Act, 1965 and Section 170 of the 1991 Constitution of Sierra Leone which deals with the laws of Sierra Leone. 108. A certificate under the hand of the Registrar or other officer of the court, that such sentence has been passed and naming the person condemned, shall be sufficient . Issued under my hand and the Public Seal of Sierra Leone this. Upon taking these steps the Court shall proceed to hear and finally determine the matter in accordance with the provisions of Part II relating to summary trials. (8) It shall not be necessary in stating any intent to defraud deceive or injure any particular person, where the enactment creating the offence does not make an intent defraud, deceive, or injure a particular person an essential ingredient of the offence. (1) If the jury are not unanimous, the Judge may require them to retire for further consideration. In case of refusal may be imprisoned. 10. (2) Any person who commits on an aircraft operated by or on behalf of a company registered in Sierra Leone, 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. 0000013422 00000 n
Resumption of trial or investigation. 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. (4)Where a representative does not appear, any such requirement, and any requirement that the consent of the accused shall be obtained for summary trial, shall not apply. (1) A corporation may be charged either alone or jointly with another person with an offence triable on indictment or triable summarily before a Magistrate's Court. Additional witnesses for the defence. It also refers to any security which the court may demand such as cash or a bond required by the court for . 72. (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. Any warrant so endorsed shall have the like effect as any warrant issued under subsection (1). Universal jurisdiction is one of international law's core concepts. Procedure with regard to warrants to be enforced outside jurisdiction. JOHN BAYLIS STEVE SMITH PATRICIA OWENS. (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. Date of assent: 01 March 2065. 2014 Sierra Leone Correctional Service Act o. N (4) In the absence of the Director-General, the Deputy . The Magistrate shall have power and authority to summon persons to give on oath their full names, occupations, places of residence, and true answer relating to their qualifications as jurors when required for the purposes of this Act, and to commit to prison any person refusing to take an oath or affirmation, or to give evidence as aforesaid, and to order any persons to be taken into custody who shall willfully insult or interrupt the Magistrate, or otherwise misbehave and to commit every such offender to prison for a period not exceeding seven days. 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. B., on the..day of.atin the Western Area of Sierra Leone, with intent to defraud, forged. (4)The Establishment Secretary shall before the end of August in each year submit to the Senior Police Magistrate, Freetown, a list of all office-holders who have been exempted under item (xvi) of subsection (2) of section 151. 154. 2. 247. The Governor-General may at any time exempt and exclude by public notice any Judicial Districts from returning jurors. 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. (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. Sets forth provisions relating to the formation and . 48A. d.In any of the following cases, that is to say, i.when it is uncertain in which of several Districts an offence was committed; or, ii. (3) Where two or more persons are charged jointly if they do not all duly elect to be tried by the Court with the aid of assessors or by a Judge alone, they shall be tried by the Court with a jury. CXXXVIII, No. 136. same were a judgment debt in the above mentioned Court. (5)Until an appointment is made to the office of Director of Public Prosecutions the powers conferred upon the Director Public Prosecutions by this section shall be exercised by the Attorney-General. 182. The Literary Theory Handbook introduces students to the history and scope of literary theory, showing them how to perform literary analysis, and providing a greater understanding of the historical contexts for different theories.. A new edition of this highly successful text, which includes updated and refined chapters, and new sections on contemporary theories DATED this..day of. Note: Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. I,(name) of(address), do hereby bind myself to. ordered.(set out the order made). Arrest how made. (2)The accused shall be entitled to cross-examine the witnesses for the prosecution and shall be information of such right if not represented by a legal practitioner. Magistrates' Courts have limited jurisdiction. (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. 213. Image. To.(keeper of Prison or constable). Revisin tcnica: Gil Armando Snchez Soto Universidad Iberoamericana Gerardo Luvano Rodrguez Universidad Regiomontana Instituto Tecnolgico de Nuevo Len . Sierra Leone Web; Human Rights Commission; Special Court of Sierra Leone; Law Reform Commission; Law Commons - Journal Articles; LawCite; Sierra Leone Parliament; Other African Law. (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. 250. (1) When, in a case tried with assessors, the case on both sides is closed, the Judge may sum up the evidence for the prosecution and defence, and shall then require each of the assessors to state his opinion orally, and shall record their opinion but the decision shall be vested exclusively in the Judge. Where a person is convicted of any felony or misdemeanour or any offence punishable by imprisonment (other than an offence for which the sentence is fixed by law) the Court may, in its discretion, sentence him to a fine in addition to or in lieu of any other punishment to which he is liable. (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. There shall be no challenge to the array, and no accused person shall be admitted to any peremptory challenge above the number of three. 180. 5. 103. 100. Last amendment included here is the Sierra Leone Citizenship (Amendment) Act, 1976, which entered into force on 26 August 1976. Diplomatic and consular representatives and all salaried functionaries of Commonwealth and foreign Governments; ix. 161. Westmoreland Street, Freetown, on the.day of19 A. A person who has been tried by a national court for the acts referred to in articles 2 to 4 of the . (3) Any person may be proceeded against, tried and punished for an offence under this section in any part of Sierra Leone in which he is apprehended or is in custody as if the offence had been committed in that part of Sierra Leone and the offence shall for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that part of Sierra Leone. 165. (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. 217. The Criminal Procedure Acts The Goverment of Sierra Leone Information, Sierra Leone Web, Sierra Leone PDF. 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. 4. Any statement made by the accused at the preliminary investigation may be given in evidence if admissible according to the rules of evidence. (4) When a person is charged with stealing and it is proved that he obtained the chattel, money or valuable security in question in any such manner as would amount under the provisions of the Larceny Act, 1916, to obtaining it by false pretences with intent to defraud, he may be convicted of obtaining it by false pretences although he was not charged with that offence. A. (3) If the case is one in which bail may not be taken, the Court shall release the accused or the defendant on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any person or property, and for his appearance before the Court or such officer as the court may appoint in that behalf. Nothing contained in sections 143 to 146 shall affect the Court's powers to order separate trials of persons who are jointly charged. (1) Where the accused is defended by counsel who states that no witness as to the facts will be called except the accused, the Court shall require the accused to make his unsworn statement or give his evidence, as the case may be. 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. 200. It shall be lawful for the Court, upon the application of the prosecutor or the defence, if the Court considers that there is sufficient cause for the delay, to postpone the trial of any accused person to the next sessions of the Court to be held at the place where the Court is sitting at the time of such application being made, or to subsequent sessions, or to a sessions to be held at a time and place to be named at the time of granting such postponement; and to respite the recognisances of the prosecutor and witnesses, in which case the respited recognisances shall have the same force and effect as fresh recognisances to prosecute and give evidence at such subsequent sessions would have had. When in the case of a trial before a judge with assessors the accused has pleaded to the indictment or, in the case of trial by jury, the accused has been given in charge of the jury, counsel for the prosecution shall open the case. (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. 0000002339 00000 n
(1) When the accused appears to be of sound mind at the time of the preliminary investigation, the Court, notwithstanding that it is alleged that at the time when the act was committed in respect of which the accused person is charged he was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that it was wrong or contrary to law, shall proceed with the case, and if the accused ought to be committed for trial, the Court shall so commit him. Sierra Leone provides an interesting case study on the assessment of crime1 and the criminal justice system. 1-56 PDF of Rules. When an accused person is arrested under a warrant endorsed for bail as provided by section 29. The persons named in such notices, and such other persons as the Magistrate may require, shall be bound to attend such sitting. (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). a. When a Magistrate's Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall send the same to the Magistrate's Court having jurisdiction in that place, and such Court shall cause the said summons to be served and shall send an affidavit of service to the issuing Court, which affidavit shall be evidence of service and the person effecting service shall not ordinarily be required to attend and give evidence as to service. Conviction of assault with intent to rob on charge of robbery. B, well knowing that one H. C. did on the..day Western Area..of..at.in the, .Province of Sierra Leone murder C. D., did on the.Day ofat..in the West Area, of Sierra Leone and onProvince. (3)Any document purporting to be an original report under the hand of a person gazetted as an examining officer. 233. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. Search warrants may be executed outside jurisdiction of Court issuing them in certain cases. 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. 16. (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. 84. WHEREAS by a warrant dateda certain.(name) of, (address) was committed to your custody there to abide until after the trial, of.before the Supreme Court on a charge. E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published. A. The rules contained in the First Schedule with respect to informations and indictments shall have effect as if enacted in this Act, but those rules may be added to, varied, revoked, or replaced by further rules made by the Chief Justice with the approval of the House of Representatives, and the Chief Justice is hereby empowered to make such further rules. 192. In these Regulations unless the context otherwise requires- (2)The Judge may act on the application of any party interested after due notice to all other interested parties. 85. him at liberty returning this warrant with an endorsement certifying the manner of its execution. (1) Where the accused person is not defended by counsel and state that he does not intend to call any witness as to the facts except himself, the Court shall forthwith call upon the accused to make his statement or say nothing or give evidence on oath as to the facts, and after his cross-examination (if any) he shall be permitted to address the Court if he so desires and to call any witnesses as to character. 4. DATED this.day of.19.. "(I authorise the execution of this warrant at any time. Assented to in Her Majesty's name this 1st day of October, 1965. 97. . 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