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. Procedure where witnesses for defence not present. 0000001892 00000 n 203. The officer serving the copy of the said indictment and notice shall forthwith make to the Registrar or other proper officer a return of the mode of service thereof. Upon the receipt of the search warrant and of all the things seized thereunder the Court, Judge, Magistrate or Justice of the Peace may make an order as to the immediate custody of the said things and, at any time thereafter, may make such an order as to their disposal as may seem proper. 221. (1) In any criminal case, and at any stage thereof before verdict or judgement, the Attorney-General may enter a nolle prosequi 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 nolle prosequi is entered, and if he has been committed to prison shall be released or if on bail his recognisances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. (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"). B. has been twice previously convicted of an offence under section 22 of the Malicious, Damage Act, 1861, namely, at.on theday of..At theon the..day. 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 . 139. 135. the clerk of the Court shall as soon as may be thereafter deliver to that person, or send by post addressed to him at his last or usual place of residence, a notice in writing stating the amount of the penalty, the date on or before which payment thereof is required, and the place or places and times at which payment may be made, and if payment by instalments is directed, particulars of the instalments. ii. Trial of children and young persons. 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. 175. 2. (2) In the event of adjournment the assessors shall be required to attend at the adjourned sitting, and at every subsequent sitting till the conclusion of the trial. The Local Courts (Amendment) Act, 1965 Date of commencement. 1960 (SLE-1960-L-28611) Employers and Employed Act (Chapter 212) [consolidated to 1960] Subsection (1) of section 13 of the principal Act is hereby amended as follows, The proviso to section 16 of the principal Act is hereby amended, 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, Section 29 of the principal Act is hereby amended as follows. (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. Trial by Judge alone on election of accused. (2) Nothing in this section shall in any way effect or derogate from any other powers conferred on constables by this or any other Act. In the case of the inability of the Magistrate from any cause to perform the duties and to exercise the powers and authorities conferred by this Act, the Chief Justice may, from time to time, appoint in writing any other person to perform the said duties and to exercise the said powers and authorities. (6)where an information or indictment contains more than one count, the counts shall be numbered consecutively. (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. The Court before asking the accused in pursuance of section 6 of the Courts Act, 1965, whether he consents to the case being heard and finally determined summarily, shall explain to him the difference between the case being dealt with summarily and in the usual course. (2) If service in the manner provided in subsection (1) cannot by the exercise of due diligence be effected, the serving constable or person shall affix the same to some conspicuous part of such last or usual place of residence of the person summoned and thereupon the summons shall be deemed to have been duly served. law of real and personal property. When any search warrant has been executed the person who executed it shall return the warrant, together with everything seized thereunder, to the Court, Judge, Magistrate or Justice of the Peace which issued the warrant. Subsection (4) of section 42 of the principal Act is hereby repealed. 21. 198. 90. in order that. b.to be fined in an amount not exceeding four hundred leones where the offence is triable summarily. 45. B.and C..D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra. 8. 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. Attorney-General may delegate certain powers to, 44. Part 1 contains general provisions. 134. b. 122. But that whatever you shall now say may be given in evidence notwithstanding such promise or threat. sentenced/ordered to pay a fine/penalty of. AND WHEREAS default having been made in payment a warrant of distress has been issued, but no return has yet been made thereto: Now these are to command you to receive into your custody the saidand safely to keep him until, the..day of.19..when you shall produce him before this Court, atm unless the said sum ofbe sooner paid, on receipt of which. 29 1965 Short title. Note: Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. A. 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 . PART V - SPECIAL TRIALS TRIAL OF CORPORATIONS. 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. And I hereby authorise you to enter by force into the.(Place to be searched) if you are not admitted after. 81. No. (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a deceased person comes into question, the declaration of the deceased 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 deceased 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. Download as pdf. (2) Indictments signed by a Law Officer, otherwise than at the instance of any other person, shall have priority of hearing, and shall be heard in the order they are presented by the Attorney-General or his representative, and no jury or assessors shall be empanelled or selected for any such case until it has been so presented. 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. If a trial is adjourned, the jurors shall be required to attend at the adjourned sitting and at every subsequent sitting until the conclusion of the trial. DATED this.day of.19.. "(I authorise the execution of this warrant at any time. WHEREAS.(name of offender) was on the.day, of19..convicted before me of the offence of..and. 205. (1) A person who alleges that an enactment or anything contained in or done under the authority of that or any other enactment is inconsistent with, or is in contravention of a provision of this Constitution, may at any time bring an action in the Supreme Court for a declaration to that effect. 1. Retentionist, but the Special Court for Sierra Leone does not have the power to impose the death penalty. ii. Laws of Sierra Leone, 1960, Government Printer, Freetown, Sierra Leone, Vol. 194. The Act was amended by the : The Sierra Leone Citizenship (Amendment) Act, 2006. Non-court dispute resolution Practice and procedure Family law reform Managing proceedings online Standard orders FPR 2010 fundamental principles and index Non-court dispute resolution Allocation and transfer Service Evidence and disclosure Parts 18 and 19 applications Appeals and judicial review Capacity and vulnerable parties the said..shall be forthwith set a liberty. Robbery with aggravation - Criminal Procedure (Amendment) Act 1973. 11. (2) The following persons shall be charged and tried together, namely. (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. 11. 76. 22. xYlCaj0_ZqsC( OU*IyM/^OT@:qxKsbIS :EApc4N( Sierra Leone Legal System Outline - Njala University, School of Social Sciences and Law, Department - Studocu The Module introduces student to Sierra Leone Legal System which entails the court systems, court procedures etc. Section 4 of the Local Courts Act is hereby amended as follows Payment out of money paid into court under the Exchange Control Act 10. 5. Private person may arrest without warrant. 31 of 1965) to replace the imperial appellate courtPrivy Council which sat on all appeals from courts of first instance in then British colonies in West Africa (Sierra 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. 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. (2) If the accused or the defendant, as the case may be, is not before the Court when such nolle prosequi is entered, the Court shall forthwith cause notice in writing of the entry of such nolle prosequi 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. 48 S. 16 states: "An Adoption order shall not have effect to make the adopted person a member of any clan, lineage or other group recognized under customary law and practice; but if the adopter is a person subject to customary law and practice then, as from the date of the adoption order, the adopted person shall be a person subject to . 238. When the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution. 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. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. Medical practitioners and dental surgeons in actual practice and their dispensers and assistants; v.Registered druggists and nurses in actual practice; vi. (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. 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. 121. 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. PRESERVATION OF TESTIMONY IN CERTAIN CASE. 180. (1) When any person is convicted of an offence and the facts constituting the offence amount also to a tort against the person or property of the prosecutor, the Court before which such person is convicted may, on the application of the prosecutor and after taking any such further evidence as it deems necessary, order the person convicted to pay the prosecutor such sum as appears to the Court to be reasonable compensation (not exceeding in the case of a summary conviction one thousand Leones) in addition to or in lieu of any other punishment. 172. (5)A Judge may, if he thinks fit, admit any person to bail although the Court before whom the charge is pending has not thought fit to do so. B. and C. D., in H.S. General authority of Courts to bring accused persons before them. 212. 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". 160. (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. *In case of notice to the prosecutor these words should be struck out. When there is a conflict of evidence, the Court shall consider the evidence to be sufficient to put the accused on his trial if the evidence against him is such as, if uncontradicted, would raise a probable presumption of his guilt, notwithstanding that it is contradicted in material points by evidence in favour of the accused, unless the Court, for reasons recorded on the minutes, shall see fit to deviate from this provision. 123. published and caused or procured to be sold, uttered , and published and obscene libel the particulars of which are deposited with this indictment. (1) Where any person, other than a person liable to be arrested without a warrant, who has been accused of committing an offence refuses on demand of a constable to give his name and place of residence, or gives a name or place of residence which the constable has reason to believe to be false, he may be arrested by the constable in order that his name and place of residence may be ascertained. 4. (1) All prosecutions on indictment in the Supreme Court shall be conducted by a Law Officer or a legal practitioner. (1) A constable may, without warrant, enter by force if necessary any premises within a Diamond Protection Area for the purpose of searching for any person whom he has reasonable grounds to believe is a stranger: Provided that the authority given by this section shall not entitle him to search for any other person or thing unless he is lawfully so entitled apart from this section. B., on the..day of.atin Western Area of Sierra Leone, maliciously set fire. Assented to in Her Majesty's name this 1st day of October, 1965. 46. 81. The following is read by the Magistrate and explained to the accused. A person so charged shall not be called as a witness in pursuance of this Act except upon his own. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. *A.(if names are given record them). (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. 195. 193. (2) No accuse person shall be entitled to any adjournment to secure the attendance of any witness unless he shows that he could not by reasonable diligence have taken earlier steps to obtain the presence of the witness. 210. (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. I hereby declare myself surety/We hereby jointly and severally declare ourselves sureties for the above-, named..ofthat he will attend in the..Court, aton the .day ofnext to answer to the above-. 77. 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. 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. Copy of indictment and notice of trial to be delivered to Sheriff. 0000005732 00000 n 0000035343 00000 n Figures and abbreviations may be used in an information or indictment for expressing anything which is commonly expressed thereby. Conviction of assault with intent to rob on charge of robbery. (Particulars to specify pages and lines complained of where necessary as in a book). (3)In any case where two or more accused are jointly tried and some accused are defended by counsel and others are not, the Court shall for the purposes of procedure deem all the accused to be defended by counsel. 154. Power to take offensive weapons or property of evidentiary value from arrested persons. If any assessor unable to attend, trial may proceed. (2) Such questions and the answers to them shall be recorded. trailer << /Size 388 /Info 345 0 R /Root 349 0 R /Prev 130970 /ID[<22dfe472882fbcd37cbdbd751884013e>] >> startxref 0 %%EOF 349 0 obj << /Type /Catalog /Pages 347 0 R /Metadata 346 0 R /OpenAction [ 351 0 R /XYZ null null null ] /PageMode /UseNone /PageLabels 344 0 R /StructTreeRoot 350 0 R /PieceInfo << /MarkedPDF << /LastModified (D:20050418151040)>> >> /LastModified (D:20050418151040) /MarkInfo << /Marked true /LetterspaceFlags 0 >> >> endobj 350 0 obj << /Type /StructTreeRoot /RoleMap 4 0 R /ClassMap 7 0 R /K 109 0 R /ParentTree 337 0 R /ParentTreeNextKey 2 >> endobj 386 0 obj << /S 48 /L 147 /C 163 /Filter /FlateDecode /Length 387 0 R >> stream OFFENCES BY NON-CITIZENS WITHIN THE TERRITORIAL SEA. (1) If any person committed to prison for non-payment has paid or shall pay any sum in part satisfaction of the sum adjudged to be paid, the period of his imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which such person is committed, as the sum so paid bears to the sum for which he is liable. To.. (name and designation of person or persons who is or are to, investigation into the offence charged against him, and should the case be sent for trial by the Supreme Court, that he will be and appear before the said Court when called upon to answer the charge against him and will continue so to, answer otherwise ordered by the said Court and in case of his making default herein I bind myself/we bind ourselves, Passed in the House of Representatives this 5. A. 249. Pilots of ships in actual practice and licensed as such; xiv. 3. 74. 0000016227 00000 n 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.". 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. ii. 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. return you this order to me endorsed with what you have done therein. Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act, 1916. 153. (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. (4)) After the statement of the offence particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary. 218. (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. 150. Chapter I THE REPUBLIC OF SIERRA LEONE 1. CXXXVIII, No. of.days, and for so doing this shall be sufficient warrant and authority to all concerned. (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. 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. Whereas.(name of accused) of(address) has been committed for, trial by the..Court ofstands charged before the on a charge of. (3) Disqualification of jurors. Procedure to be followed where accused is undefended. (1) At any time before, or during the course of the trial, the police may, at the request of the accused, deliver to him a copy of a statement taken by them from any person who is either listed in the depositions or in any summary of evidence referred to in section 188 or is actually called as a witness. B. had the been sent by the said J. S. to S. P. for the said cloth, and that he, the said A. Sierra Leone Gazette Supplement: Acts, 1965-10-21, No. 29. 209. (1) Unless otherwise ordered by the Court, the jury shall return a verdict on all charges on which the accused is tried, and the Judge may ask them such questions as are necessary to ascertain what their verdict is. Indictment not to be filed without previous committal. 2. 1 of 2006; Sierra Leone Citizenship Amendment Act No. 6. 0000003948 00000 n 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. No. i. (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. 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. Arson, contrary to section 3 of the malicious Damage Act, 1861. Procedure where accused consents to summary trial. 6. c.any offence against sections 20, 21 and 22 of the Larceny Act, 1916. i . A person who has been tried by a national court for the acts referred to in articles 2 to 4 of the . Deposition of medical practitioner may be read as 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. If entry to such a place cannot be effected under section 5 it shall be lawful in any such case as is therein mentioned for such person acting under a warrant of arrest or such person acting under a warrant of arrest or such constable having authority to arrest to enter such place and search therein and, in order to effect entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance. (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. 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