243. AND whereas the said..when so called upon did refuse to Enter into such recognisance: Now these are to command you to receive into your custody the said..and safely to deep him until after the. Proof of Statement of accused in lower court. (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. (1) When, in a trial by jury, the case on both sides is closed the Judge shall sum up the law and evidence in the case. 33. 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. Information to be given to Magistrate, when required. C.D., with intent to defraud, omitted or concurred in omitted from or from or in cash book belonging to the said C.D., his employer, a material particular that is to say, the receipt on the day of Le100 from H.S. (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. (Place). THE COURTS (AMENDMENT) ACT. 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. 6. 2. Copy of indictment and notice of trial to be delivered to Sheriff. Whereas.(name of accused) of(address) has been committed for, trial by the..Court ofstands charged before the on a charge of. 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 . Pursuant to Section 121 of the Criminal Procedure Act 1965, every sentence of death shall direct that 249. The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. Provision for continuance of criminal trial where a juror dies or becomes incapable. 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. 147. No commitment for non-payment shall be for a longer period than six months, except where the law under which the conviction has taken place enjoins or allows a longer period. 175. 178. Nothing in sections 30 and 31 shall authorise any person, other than a Judge, to grant a warrant to search for a document in the custody of the Postal or Telegraph authorities or of any Telegraph Company. The Mayor of Freetown, Paramount Chiefs and Chairman of Town Councils and of other local authorities; viii. 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. The person accused of any offence may be convicted of attempt. 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. (1) Subject to the exemptions in subsection (2) every male person between the ages of thirty and sixty years who is resident in Sierra Leone and is literate in English shall be liable to serve. Before or immediately upon the conclusion of this period the Chief Medical Officer shall cause a report on the condition of the accused or the defendant signed by two registered medical practitioners (which reports may, if such be the case, indicate that the practitioners who signed the same hold different opinions as to the accused's mental state) to be sent to the Court, which shall forthwith, after considering the report and taking such further evidence as it shall consider necessary, make a finding upon the state of mind of the accused. 24. 140. (2)Such warrant of commitment shall name the day, time and place at which the accused is to appear before the Supreme Court in answer to the indictment preferred against him but the committal for trial shall not be invalidated by reason only of a failure to comply with this subsection. Challenge for cause shall be allowed on any of the following grounds. At the conclusion of the evidence for the defence the accused shall be permitted to sum up his case to the Court and counsel for the prosecution shall be entitled to reply. The Criminal Procedure Acts The Goverment of Sierra Leone Information, Sierra Leone Web, Sierra Leone PDF. If the accused or the defendant adduces in his defence any evidence other than evidence as to character, the prosecutor may adduce evidence in reply thereto. of AND WHEREAS the.has not paid the said. (6)where an information or indictment contains more than one count, the counts shall be numbered consecutively. Evidence for arriving at proper sentence. 42. Q. TO THE SHERIFF OF THE. It was ratified by Parliament on 15 December 2011 and signed into law on 1 February 2012. WHEREAS at a preliminary investigation held by me into a charge of.preferred against, ..(name of accused) I committed the, said..(name of accused) for trial by the Supreme Court Upon the said charge and. Payment out of money paid into court under the Exchange Control Act 10. The Court upon committing an accused person for trial may bind by recognizance, with or without a surety or sureties, as it may deem requisite, the prosecutor and every witness to appear at the trial to prosecute and give evidence or to give evidence (as the case may be). The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 0000014763 00000 n (3)Any sentences of imprisonment passed under subsection (1) shall be deemed to commence from the date of arrest. (2) Where property is retained in court pending an appeal on application by release of summons any Judge of the Court to which an appeal has been made or in which notice of leave to appeal has been entered, may if he considers that the property is not necessary for the determination of the questions raised in the appeal order the property or any part thereof to be returned to the person who appears to him to be entitled thereto. Any person charged with a criminal offence at any session of the Supreme Court shall, a.if such criminal offence is punishable by death be tried by the court with a jury consisting of twelve men; or, b. b. f.A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless, i.the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or, ii. before the Supreme Court unless in the meantime you receive other directions as to his disposal. Where defendant pleads guilty in writing. 2. (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. 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 Where any person has been committed for trial for any offence, the deposition of any person taken before the committing Magistrate may, if the conditions hereinafter set out are satisfied, without further proof be read as evidence on the trial of that person, whether for that offence or for any other offence arising out of the same transaction, or set or circumstances, as that offence. (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. 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. 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. (4)Where an amendment of an information is made under subsection (1) or where there is a variation between the information and the evidence as described in subsection (3), the Court shall, if it is of opinion that the accused or defendant has been thereby deceived or embarrassed, allow any witness to be recalled and further questioned upon any matters relevant to the amended or varied charge and the Court may adjourn the trial for such period as may be reasonably necessary. 60. (2) Where the accused is not defended by counsel but states that he intends to call witness (other than himself) as to the facts, the Court shall call upon him to open his case if he so desires. DATED thisday of.19.. Conduct and precedence of prosecutions. 76. Discharge of persons detained under section 215. (1) Notwithstanding anything contained in sections 76 and 77 where it is certified by the superintendent of a mental hospital or other medical practitioner appointed for that purpose by the Chief Medical Officer, that the mental balance of the accused would be jeopardised by the strain of a trial, the proceedings against the accused shall not be continued unless the Attorney-General informs the court that he considers it essential in the public interest for the trial to proceed. 64 CITIZENSHIP LAW IN AFRICA to his child; and some of those countries that do not discriminate between DATED thisday of.19.. *If the accused states that he does not wish his witnesses examined by the Magistrate but desires them to be bound over to appear before the Supreme Court, this must be stated, but on no account should a Magistrate suggest or encourage this, but should record the evidence unless the accused does not wish it. 8e Negocios. Where a corporation is charged with an offence triable on indictment or summarily, any summons or other document requiring to be served on the corporation in connection with the proceedings shall be served by leaving it a or sending it by post to the registered office of the corporation, or if there be no such office in Sierra Leone, by leaving it at or sending it by post to the corporation at any place at which it trades or conducts its business in Sierra Leone. Procedure for offences. Interpretation. 249. (1) Subject to the provisions of rules made under section 50, charges for more than one felony or for more than one misdemeanour, and charges for both felonies and misdemeanours may, if those charges are founded on the same facts or form or are a part of a series of offences of the same or a similar character, be joined in the same complaint, information or indictment and tried at the same time, but where under the provisions of this section a felony is tried together with a misdemeanour in the Supreme Court, then if the trial is with a jury, the jury shall be sworn and the person accused shall have the same right of challenging jurors as if all the offences charged in the indictment were felonies. 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. b. 75. (4)A person may be admitted to bail at any time, and thereupon shall be discharged from custody or prison if he is not detained for any other cause. B., on the.day ofatin the Western Area of Sierra Leone, maliciously set fire to. 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 WHEREAS.(name of offender), was on theday, of..sentenced to pay a fine of..or in default to suffer imprisonment for the period. (6) Any power of the Court under this section shall be, in addition to and not in derogation of any other power of the Court for the same or similar purposes. The said Order of the Governor-General shall be sufficient authority in law to all persons to whom the same is directed to execute the sentence of death or other punishment awarded, and to carry out the directions therein given in accordance with the terms thereof. ii. Court may direct security to be taken. (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. Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. With the offence. As a country in transition from one-party authori- 184. Conditions precedent to trial of foreigners for offences committed in territorial sea. 219. (7)The Court may dispense with sureties if, in its opinion, its so dispensing will not tend to defeat the ends of justice. All arrested persons to be brought before a Court without delay. Cross-examination of witnesses for the prosecution. In 2007, Kanu was convicted of committing war crimes and crimes against humanity . 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. For the purposes of this subsection the expression "examining officer", "motor vehicle" and "trailer" shall have the meanings respectively assigned to them under the Road Traffic Act, 1964. 0000071036 00000 n 129. (2) A representative for the purposes of this Part need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this Part shall be admissible, without further proof, as. 131. (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. (4)Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the recognisance to the Court. Penalty for signing false certificate. 81. 234. (1) 4. The names of jurors, who shall be dead, disqualified, or no longer resident in the district, shall be passed over by the Sheriff in forming a panel. No person shall be exempted from serving as a common juror by reason of being marked as a special juror. 86. 177. 154. (4)Such book shall belaid before the Magistrate present at the time when and place where the recognisor is required to appear, and such Magistrate may enlarge the recognisance to such further time as he may appoint. (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. 35. Commencement. Power to take depositions of persons dangerously ill. 62. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. Search of place entered by person sought to be arrested. (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. Abstract/Citation: Entitled "The Employers and Employed Ordinance" prior to independence. 144. 160. (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. Court under the Exchange Control Act 10 ( 16 U.S.C payment out money... Sought to be arrested from serving as a country in transition from authori-. Depositions of persons dangerously ill. 62 be sufficient reason of being marked as common... Of persons dangerously ill. 62 ratified by Parliament on 15 December 2011 and signed into on. On the sentence to be arrested holding the preliminary examination shall be consecutively. 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