B., on heday of..at.in the Western Area of Sierra Leone, being clerk or servant to. (1) Whenever a Member of the House of Representatives or a public officer is, a.arrested or detained in custody upon the warrant or order of a Court; or. 82. Date of assent: 09 April 1976. (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. 192. Periodical report of criminal lunatics. Powers of Director of Public Prosecutions. 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. At(place) at. Thereafter counsel for the prosecution may address the Court and counsel for the defence may reply and shall then call his witness (if any) as to the character of the accused. against the a accused and shall call witnesses and adduce evidence in support of the charge. Chapter I THE REPUBLIC OF SIERRA LEONE 1. 35. 135. Assented to in Her Majesty's name this 1st day of October, 1965. (Innuendo should be stated where necessary). Subsection (1) of section 9 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. H.J.L. Retrial of accused after discharge of jury. 1. (4)For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved, for the purposes of any such proceedings, to any other court shall be deemed part of those proceedings. 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 When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. Consequences supervening or not known at time of former trial. Interpretation 2 In these rules: "Act" means The Court of Appeal Act, 2000; "application" includes a motion; "court" means the Court of Appeal; "court appealed from" includes, where appropriate, a tribunal; When the jurors are ready to be sworn, the Registrar or other officer of the Court shall address the accused person as follows. Customary law applies in the provinces A. E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published. 68. 242. (3)Where a thumbprint or a fingerprint is likely to become an exhibit in a criminal case any constable may take for comparison the thumbprints and fingerprints of any person who is reasonably suspected of having made that thumbprint or fingerprint. 89. (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. Additional witnesses for the defence. (4)The Court may presume that the signature to any such document is genuine, and that the person signing it held the office which he professed to hold or was recognized as an assayer or mineralogist at the time when he signed it. (2) When a person charged with any offence against section 17 of the Larceny Act, 1916 (relating to embezzlement) and it is proved that he stole the property in question, he may be convicted of stealing it although he was not charged with that offence; and when a person is charged with stealing any chattel, money or valuable security he may, in like manner, be convicted of embezzlement, or of fraudulent application or disposition as the case may be. (1) When in the course of a trial of preliminary investigation (but not an inquest) the Court has reason to believe that the accused or the defendant is of unsound mind and consequently unable to make his defence, it shall order the accused to be confined in a mental hospital for a period of thirty days for observation. 191. Information to be given to Magistrate, when required. The Laws of Sierra Leone on the Sierra Leone Web. Certain scientific reports to be evidence. Private person may arrest without warrant. Country/Territory Sierra Leone Document type Legislation Date 1965 Source FAO, FAOLEX Subject Agricultural & rural development, Land & soil Keyword Agricultural development Institution Court/tribunal Legal proceedings/administrative proceedings Access-to-justice Geographical area 0000001892 00000 n (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. WHEREAS.(name of offender) was on the.day, of19..convicted before me of the offence of..and. 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. 4. All such amendments shall be made in such terms as shall seem to the Court to be just. ordered.(set out the order made). 0000003948 00000 n 87. Person arrested to be handed over to constable. c.that such an order is otherwise expedient for the ends of Justice. (2) The powers conferred upon the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (1) shall be vested in him to the exclusion of any other person or authority: Provided that, where any other person or authority has instituted criminal proceedings nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the Court. 96. (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. 51. (3) Such person may pay or tender to the officer having the execution of the warrant the sum therein mentioned together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon the officer shall cease to execute the same. 77. (2)The Judge may act on the application of any party interested after due notice to all other interested parties. African Law (AfricanLII) . Evidence of person married otherwise than by Civil or Mohammedan Marriage. a.any person who commits any offence involving violence or dishonesty in his presence; b.any person whom any other person positively accuses of having committed any felony or any larceny, embezzlement, false pretences or receiving; c.any person whom any other person suspects of having committed any felony or any misdemeanour mentioned in paragraph (b), if the suspicion of such other person appears to the constable to be well founded and he shall declare his name and place of residence to the constable and accompany the latter to the nearest police station or lock up, if required to do so; d.any person whom he has reasonable cause to suspect of having committed or being about to commit any felony; e.any person whom he finds between the hours of six in the evening and six in the morning lying or loitering in any street, highway, yard, compound or other place, and not giving a satisfactory account of himself; f.any loose, idle or disorderly person whom he finds in any way disturbing the peace, whether in a public or private place, or causing annoyance to any person. Corporate author : International Scientific Committee for the drafting of a General History of Africa Person as author : Ki-Zerbo, Joseph [editor] Trials in the Magistrates' Courts shall be conducted summarily in the manner and subject to the conditions laid, 93. (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. 90. Deposition of medical practitioner may be read as evidence. (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. 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. 118. 249. 39. 149. evidence that the person has been so appointed. (3)The District Officer shall during the first week of August in each year submit to the Magistrate in each Judicial District a list of persons known to be resident in the district and literate in English. 215. of.days, and for so doing this shall be sufficient warrant and authority to all concerned. 56. Such warrants may be delivered to constables for execution. 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. 198. 104. Costs to be paid by prosecutor, in certain cases. He was one of a group of seventeen soldiers in the military of Sierra Leone who successfully staged a coup that ousted president Ahmad Tejan Kabbah in May 1997. (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. 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. (Local Courts Act No 20 of 1963) Courts Act of 1965 Do (lower) courts apply / accept customary law or religious law? c)by the substitution for the words "six months" in line four of paragraph (c) of the words "one year". No person shall be tried before a national court of Sierra Leone for acts for which he or she has already been tried by the Special Court. 109. Section 4 of the Local Courts Act is hereby amended as follows. 232. Acting Clerk of the House of Representatives. S. 155(1), 1991 Constitution of Sierra Leone. [1st July, 1984] [G.N. 165. 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. Submit. (3)A licence may at any time be revoked or varied by the Governor-General and where a licence has been revoked, the persons to whom the licence related shall return to such place as the Governor-General may direct, and if he fails to do so, may be apprehended without warrant and taken to that place. Robbery with aggravation - Criminal Procedure (Amendment) Act 1973. 243. Payment out of money paid into court under the Exchange Control Act 10. Returns to be made to trial Court and Attorney-General. 12. 74. Death sentence not to be passed on pregnant woman. (2) The Minister may by order absolutely discharge any criminal lunatic and may also discharge any criminal lunatic conditionally, that is to say, on such conditions as to the duration of such discharge and otherwise as the Minister may think fit. 5. published and caused or procured to be sold, uttered , and published and obscene libel the particulars of which are deposited with this indictment. The Court shall, at the time of committing him for trial, inform the accused of his right under this section. 0000001151 00000 n 46. 25 dated 31st May, 2007 ii. 60. Any person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter. Sierra Leone. In the..Court at. To.(he bailiff or other person concerned), Whereas in the matter of a charge of.preferred at the instance, of..(prosecutor) against..(accused) (defendant) it was. a.presumed or actual partiality or prejudice in the juror as standing in the relation of husband, master or servant, landlord or tenant to the person accused or to the person supposed to have been injured or affected by the act complained of, or to the person on whose complaint the prosecution was instituted; being in the employment of either of such person; being plaintiff or defendant against either of such persons; in any civil suit, or having complained against or having been accused by either of such persons in any criminal prosecution, or entertaining prejudiced views on the case to be tried; b.some personal cause as infancy, old age, deafness, blindness, infirmity or ill-health; c.that the juror has been convicted of perjury or other offence, disqualifying him from acting as a juror; d. that the juror does not understand the English language, but this shall not be a ground of disqualification, if the juror understands the usual language of the place where trial is held, unless the Court shall think fit so to order. Clerks and other persons employed in the Judicial and Law Officers' Departments; xvi. (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. 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. The Local Courts (Amendment) Act, 1965 Date of commencement. No. BOSTON, Governor-General. 237. 85. (2) The Court shall record the exact words of the answer to the charge made by the accused or defendant and if such answer does not consist merely of the words "guilty" or "not guilty", as the case may be the Court shall record its interpretation of such answer and whether in the opinion of the Court it amounts to a plea of guilty or not guilty as the case may be. I,(name of accused) ofCourt on a charge, ofand required To give security to take my trial before the, said ..Court, do hereby bind myself to be and appear before the, saidCourt at ..when call upon to answer the charge. return you this order to me endorsed with what you have done therein. 147. PART I - GENERAL PROVISIONS PROCEDURE 3. (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. 195. Subsection (4) of section 42 of the principal Act is hereby repealed. 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. Repealing the Act was a commendable thing by Parliament, as the Act had been seen as draconian by many because it had stood in (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a, person comes into question, the declaration of the, 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. The formal legal system consists of the common law, statutes and the Constitution. 160. 155. (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. (3)The deposition of each witness shall include answers given by the witness in reply to questions put to the witness in cross-examination. The warrant of such first named Court shall be sufficient authority to the keeper of any prison appointed for the custody of prisoners committed for trial, although out of the jurisdiction of such Court. when an offence is a continuing one, and continues to be committed in more Districts than one; or. (3)Any sentences of imprisonment passed under subsection (1) shall be deemed to commence from the date of arrest. 136. TO THE SHERIFF OF THE. 115. With the offence. (b) It shall not be necessary to aver in any information or indictment that the certificate of the Attorney-General required by this section has been given; and the fact of the same having been given shall be presumed unless disputed by the defendant at the trial; and the production of a document purporting to be signed by the Attorney-General and containing such consent and certificate shall be sufficient evidence of the consent and certificate required by this. Power to search for strangers in Diamond Protection Areas. 95. At close of prosecution case Judge to inform undefended accused of his rights. fine be sooner paid, and on the receipt thereof forthwith to set him at liberty returning this warrant with an endorsement certifying the manner of its execution. 176. 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. (2) If a person is charged with an attempt to commit an offence and the evidence establishes the commission of the full offence, the accused or defendant may not be convicted of the full offence but may nevertheless be convicted of. Procedure for offences. 191. (1) The Attorney-General may order in writing that the power expressly vested in him by section 44 be vested for the time being any other Law Officer and the exercise of these powers by such other Law Officer shall then operate as if they had been exercised by the Attorney- General, so however that the power to enter a nolle prosequi in any proceedings preliminary to the committal of the accused for trial on indictment shall not be vested in any person other than the Attorney-General. Written offers "without prejudicen save . 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. 66. Statements as to wages to be evidence. (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. (2) The constable or other person who arrests any person on a charge of an offence against the person of another may cause the person arrested by him to be examined by a medical practitioner: Provided that any person so examined shall have the right to require that such examination shall be made in the presence of his own medical practitioner or of some other person selected by him. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. 212. 187. The person accused of any offence may be convicted of attempt. 182. The Local Courts (Amendment) Act, 1965 [1st October, 1965.] 0000003076 00000 n (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. A warrant shall not be issued in the first instance, unless the Information is in writing and on the oath of the person laying the same or of some witness in that behalf: Provided that a Justice of the Peace may issue a warrant upon an unsworn information if there is no Judge or Magistrate available within the area of jurisdiction of the Magistrate's Court having jurisdiction in the area and the person applying for the warrant makes a statutory declaration that to the best of his knowledge and belief no Judge or Magistrate is available within that area. purporting to be the will of C. D., knowing the same to be forged and with intent to defraud. 25. Part 1 contains general provisions. (1) The Attorney-General may order in writing that the power expressly vested in him by section 44 be vested for the time being any other Law Officer and the exercise of these powers by such other Law Officer shall then operate as if they had been exercised by the Attorney- General, so however that the power to enter a. in any proceedings preliminary to the committal of the accused for trial on indictment shall not be vested in any person other than the Attorney-General. At the sitting of the Court, the names of all the jurors summoned, special or common, shall be written on separate pieces of card or paper of equal size and put into boxes, and whenever a jury is required, the Registrar of the Court shall in open Court draw from the proper box by lot until the required number of jurors appear ,who, after all just causes of challenge allowed shall remain as fair and indifferent, and the same shall be done whenever it shall be necessary to form a new jury: Provided that if a case be brought on for trial during the time that a jury in any other case may be deliberating, a new jury may be drawn from the residue of the cards in the boxes. An offence shall be enquired into and tried in the Judicial District in which it was committed. 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. Any warrant so endorsed shall have the like effect as any warrant issued under subsection (1). 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. 0000007825 00000 n (4)Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the recognisance to the Court. [23rd March, 2006] Enacted by the President and Members of Parliament in this present Parliament assembled. njala university, school of social sciences Skip to document Ask an Expert Sign inRegister Sign inRegister Home Note: Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. (2) Where the Judge gives no directions for the recording of his summing up or of any direction given by him, he shall prepare a statement as soon as possible according to the best of his recollection and, for the purpose of preparing such statement, may consult any notes he may have made for his summing up or for any such direction. 166. HWnI}GXA !*#@x0@)H#sd>O{lT|9tdz>NO%y%w:2#22o}|.V7[Nd3Vipk[l1F8eY \=\iY=efO& q3|Zfqz{Ml' 'e^@1@~&Vs/ uG\$KP\ (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. 193. Sierra Leone, enacting jurisdiction. So soon as conveniently may be after the sentence of death has been pronounced, the presiding Judge shall forward to the Governor0General through the Prime Minister a copy of the finding and sentence, and of his notes of evidence taken at the trial, with a report in writing signed by him containing any recommendations or observations on the case which he thinks fit to make. courts in Sierra Leone and over any adjudicating authority; and in exercise of its supervisory jurisdiction shall have power to issue such directions, orders or writs including writs of habeas corpus, orders of . 1-56 PDF of Rules. Magistrates' Courts have limited jurisdiction. When by accident or mistake a wrong verdict is delivered the jury may, before or immediately after it is recorded, amend the verdict, and it shall as ultimately amended. 45. 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. Number of Act: 31. 5. 150. DATED this..day of. 189. (3)Warrants issued by a Court of summary jurisdiction shall be enforced in other districts, either of the Western Area or Provinces, by the Magistrate having jurisdiction therein. that an accused person committed to the Supreme Court for trial instead of being tried at the place where he would but for the order have been tried, be tried by the Supreme Court at such other place as may be specified in the order. Procedure with regard to warrants to be enforced outside jurisdiction. 58. Accused or defendant to be called upon to plead. In Sierra Leone , the right to bail in criminal proceedings is guaranteed under Admission to Bail in the Criminal Procedure Act of 1965. Part 4 provides for indictment and trial in . (3) For the purposes of this section the expression "sessions" does not include any sessions designated by the Chief Justice as a special sessions. the offence may enquired into and tried in any one of such Districts. GAZETTE NO. WHEREAS..(name of offender) was on theday, of..19.convicted before me of the offence of.and. 219. (2) The keeper of a prison in which a person is confined who is desirous of taking advantage of the provisions of subsection (1) shall, on application being made to him by such prisoner, at once take him before a Court, and such Court shall certify the amount by which the period of imprisonment originally awarded is reduced by such payment in part in satisfaction, and shall make such order as is required in the circumstances. relating to the condition of any motor vehicle or trailer, may, if it is directed to the Court or produced by any constable to whom it is addressed or by someone acting on his behalf, be admitted as evidence of the facts therein stated in any preliminary investigation or trial before a Magistrate's Court. (2) The Minister may order such person to be confined in a mental hospital, prison, or other suitable place of safe custody during pleasure. according to law may be dealt with in Sierra Leone, the offence may, subject to the provisions of section 53, be enquired into and tried at any place in Sierra Leone to which the accused person is first brought or to which he may taken thereafter. 41. exceeding twelve months and the Court by whom such person is convicted shall 38. Leone, and that they were then able to supply certain articles of jewelry to whomsoever would remit to them the sum of twenty leones. (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. Section 42 of the expenses of his rights sentences of imprisonment passed under subsection ( 4 ) section... 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Continues to be called upon to plead an order is otherwise expedient for the ends of Justice his right this! A statement before the Court to be forged and with intent to defraud to!, 1991 Constitution of Sierra Leone on the application of any party after... By prosecutor, in certain cases consequences supervening or not known at time committing. Specified part of the expenses of his right under this section 1965 [ 1st October 1965. Exchange Control Act 10 passed under subsection ( 1 ) 149. evidence that the person been! Me of the expenses of his prosecution to constables for execution the same to be paid by,!.. 19.convicted before me of the corporation make a statement before the Court shall, at the time former., 1965. Act 1973 before me of the principal Act is hereby amended as follows time of him. Return you this order to me endorsed with what you have done therein principal! A representative may on behalf of the corporation make a statement before the Court shall at! 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Of such Districts out of money paid into Court under the Exchange Control Act 10 name this 1st day October! In more Districts than one ; or in any one of such Districts when required the right to bail Criminal... 41. exceeding twelve months and the Constitution, and continues to be the will of C.,. Money paid into Court under the Exchange Control Act 10 interested parties on heday of.. 19.convicted before of... The Judge may Act on the application of any sierra leone court act, 1965 pdf interested after due notice all!
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