sierra leone court act, 1965 pdfsierra leone court act, 1965 pdf

CONVICTION FOR OFFENCE OTHER THAN CHARGED. (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. Expenses of distress Expenses of commitment Expenses of conveyance to prison. in the case of a public officer, the Establishment Secretary. If the Court considers that the evidence against the accused is not sufficient to put him on his trial, the Court shall forthwith order him to be discharged as to the particular charge under investigation; but such discharge shall not be a bar to any subsequent charge in respect of the same facts: Provided that nothing contained in this section shall prevent the Court from either forthwith, or after such adjournment of the investigation as may seem expedient in the interest of justice, proceeding to investigate any other charge upon which the accused may have been summoned or otherwise brought before it, or which in the course of the charge so dismissed as aforesaid it may appear that the accused has committed. Anything so taken from an arrested person shall be produced before the Court. 115. 53. 113. (2)The Magistrate's Court enquiring into or trying any case may in its discretion at any subsequent state of the proceedings, direct the personal attendance of the defendant, and, if necessary, enforce such attendance in manner hereinafter provided. c)by the substitution for the words "six months" in line four of paragraph (c) of the words "one year". (Here record statement of accused. convicted, pay the costs of the prosecution: Now I.(name of accused), of.of, ..(address) hereby bind himself that I will, in the event of my being convicted. proof of any deposition or 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. WHEREAS..(name of offender) was on theday, of..19.convicted before me of the offence of.and. 237. 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. 216. Section 4 of the Local Courts Act is hereby amended as follows. 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. CERTIFICATE UNDER SECTION 124, CRIMINAL PROCEDURE ACT, 1965. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. 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. 192. 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. Resumption of trial or investigation. 177. Date of assent: 09 April 1976. 168. Assented to in Her Majesty's name this 1st day of October, 1965. The law, the draft of which was tabled in Parliament under a "certificate of urgency" signed by Sierra Leone's President, appears to have been necessitated by a July 13, 2008, incident in which a South American aircraft filled with cocaine landed in a Sierra Leonean airport, serving as a wake-up call that current laws were out of date. (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. 13. M 4/T. In these Regulations unless the context otherwise requires- (1) Nothing herein contained shall prevent the Court from exempting any person from serving as a juror at any session or any trial for reasonable cause, a certificate bearing the signature of a Medical Practitioner setting out that any person required to attend as a juror is unable from the state of his health to do so, may, on the court being satisfied of the signature to such certificate, be received as prima facie evidence of reasonable cause. (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. Clerks and other persons employed in the Judicial and Law Officers' Departments; xvi. Particulars of Offence A. Control of Attorney-General over Criminal Proceedings. 171. This Act shall come into operation on such date as the Commencement Prime Minister may by Order appoint: Provided that the Prime Minister may if he deems it expedient either By one Order or by different Orders appoint different dates for the coming into operation of different provisions hereof. 122. law of real and personal property. 0000007825 00000 n 142. (1) The Criminal Procedure Act, the Jurors and Assessors Act, subsection (3) of section 3 of the Treason and State Offences Act, 1963, section 27 of the Police Act, 1964 and section 23 of the House of Representatives Powers and Privileges Act are hereby repealed. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. The person accused of any offence may be convicted of attempt. In 2007, Kanu was convicted of committing war crimes and crimes against humanity . CXXXVIII, No. 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. The Residual Special Court was established pursuant to an agreement signed between the United Nations and the Government of Sierra Leone on 11 August 2010. In so doing, they may be guided, as appropriate, by the Criminal Procedure Act, 1965, of Sierra Leone . sessions but one after the sessions to which he was originally committed he shall on his application made on the last day of such first mentioned sessions be acquitted and discharged, unless the Court sees good reason to the contrary . (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. (4)Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the recognisance to the Court. Table 1. return you this order to me endorsed with what you have done therein. Depositions admissible in certain cases. Sessions at place for which there is no jurors' list. 2. Every indictment, when signed, shall be filed in the Supreme Court. When exercising the powers conferred upon it by section 55 or 56, the Court may order that the whole, or such portions as the Court thinks fit, of the expenses so paid be paid over to the prosecutor or to the accused or defendant, as the case may be. (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"). 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 . (3)The statement shall not thereby become evidence of any facts alleged therein but the Judge and jury may take it into account in judging the credibility of the witness on his evidence as a whole and the prosecution and defence shall be entitled to refer to it in examining or cross-examining any witness and in addressing the Court. Fraudulent conversion of property, contrary to section 20 (1) (iv) (a) of the Larceny Act, 1916. DECLARATION OF EXECUTION OF JUDGMENT OF DEATH, We, the undersigned hereby declare that judgment of death was this day executed onin. D^[h58DG+p!e LSj[?e?g D3c}* P`m>Dl-=^4[#ZDQKV.==9,4`:E]nh8:?1)G3X$f1L'4'WVF t:#gi coR# 157. Proof Reading 2nd of December - Renewable Energy Policy of Sierra Leone 6th January, 2015 viii ABBREVIATIONS AfDB African Development Bank AfP Agenda for Prosperity AU African Union BHP Bumbuna Hydro Power CEF Central Energy Fund CFL Compact Fluorescent Lamp CLSG Cte d'Ivoire, Liberia, Sierra Leone, Guinea Where a person is before the Magistrate charge with an offence which is triable exclusively by the Supreme Court or in the opinion of the Magistrate ought to be tried by such court, the Magistrate shall conduct a preliminary investigation into the charge alleged, in accordance with the procedure laid down in this Part. But whatever you say now may be given in evidence notwithstanding such promise or threat." d.Nothing in this Act shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage. Q. 34. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S . 197. Part A (Title I) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every . (2) The following persons shall be exempted from serving on any jury. a)by the insertion immediately after the word "Court" in line one of subsection (5) of the words "in a civil case or matter"; b)by the substitution for the words "if the convicted person (or in a civil case, either of the parties)" in lines one and two of subsection (6) of the words "if in a civil case, either of the parties". Trial of children and young persons. 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. (2) State amount in which each surety is separately bound, followed by his signature or mark. 10 Local Courts Act 2011 Short title. (2) If the accused is undergoing imprisonment, a warrant to bring him before the Court may be directed to the Keeper of any prison within which the accused is confined. 128. (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. Paragraph (xii) of section 78 of the Prisons Act, 1961, is hereby amended. Any person summoned to attend the Court as a juror who shall not without reasonable excuse (burden of proof whereof shall rest on such juror) duly attend and be present at the Court and at all times appointed by the Court for adjournments, and any person present in Court, who being called to serve as a juror, shall without reasonable excuse refuse to serve till discharged by the Court, shall be guilty of contempt of Court, and be liable to a fine not exceeding fifty Leones. (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. The persons named in such notices, and such other persons as the Magistrate may require, shall be bound to attend such sitting. (3)The provisions of this section shall be in addition to and not in derogation of any other provisions of this Act. 212. that an accused person committed to the Supreme Court or trial; iii. (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. Having, heard the evidence do you wish to say anything in answer to the charge (or charges)? 124. same were a judgment debt in the above mentioned Court. A. 0000014786 00000 n 0000080634 00000 n (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. 223. 10 2011 Sierra Leone The Local Courts Act, 2011. Note: Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. (2) Whenever any such building, vessel, vehicle, receptacle or other place is closed, any person residing in or being in charge of the building, vessel, vehicle, receptacle or place shall on the demand of the constable or other person executing the search warrant, allow him free entry thereto and afford all reasonable facilities for a search therein. The Globalization of World Politics. 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. (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. The High Court of Sierra Leone is divided into the: General Civil Division; Criminal Division; Commercial and Admiralty Division; Family and Probate Division and Land and Property Division. Authority for carrying out sentences not capital. 87. Except where the person arrested is in the actual course of the commission of a crime or is pursued immediately after escape from lawful custody, the constable or other person making the arrest shall inform the person arrested of the cause of the arrest, and if the constable or other person is acting under the authority of a warrant, shall notify the substance thereof to the person to be arrested, and if so required shall show him the warrant. 199. (Innuendo should be stated where necessary). (2)A licence may be in such form and may contain such conditions as the Governor-General may direct. Customary law applies in the provinces (Place). (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. (2)The whole of the statement of the accused shall be recorded in full, and shall be shown or read to the accused, and he shall be at liberty to explain or add to his statement. The Magistrate, upon the lists being so settled, shall send signed copies thereof to the Sheriff to the Sheriff or Deputy Sheriff for his district. 5. Information to be given to Magistrate, when required. 47. Freetown, Sierra Leone THE INITIATIVES AND PRACTICES OF SIERRA LEONE'S PREVENTIVE ANTI-CORRUPTION BODIES AS PER ARTICLE 6 OF THE UNCAC 1. 188. 169. (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. 55. (1) If the jury are not unanimous, the Judge may require them to retire for further consideration. 45. Search of place entered by person sought to be arrested. 1. 79. 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. Person to be paid 11. 118. Being An Act to Consolidate and Amend the Law Relating to Criminal Procedure. 137. 19. 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 . purporting to be the will of C. D., knowing the same to be forged and with intent to defraud. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. 182. 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. 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. WHEREAS by a judgment of the Supreme Court bearing date theday of 19..(name of prisoner) was convicted of murder and was thereupon by the said Court sentenced to suffer, NOW, THEREFORE, these are to command you privately to carry the said sentence into execution by causing the, said..to suffer death by being hanged by the neck until he is dead, atm on.the.day, of.19.., and within the precincts of the prison at.and thereafter to cause the, dead body of the said.to be buried in the.(cemetery), at..(place and for so doing these shall be your sufficient authority: and there upon without delay. 154. I plead guilty to the above written charge. 35. Every challenge for cause, if objected to by the opposite party, shall be tried and determined by the Court without a jury, and the person challenged shall be examined on oath and shall be required to answer on oath, all lawful questions relating to the trial of the challenge. 101. (3)Any document purporting to be an original report under the hand of a person gazetted as an examining officer. Or by imprisonment not exceeding three months (whether with or without a fine), it may also be used on the direction of a Magistrate in respect if any offence other than a felony. Provided that it shall be lawful for a Magistrate other than the Magistrate who originally committed the accused person for trial to re-open the case and deal with it in terms of this subsection if such other Magistrate has assumed the duties of the Magistrate who originally committed the accused person for trial. 192. (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. the Prosecutor that A.B is charged with the following offence (offences)-. (1) If the Court considers the evidence sufficient to put the accused on his trial, the Court shall by warrant commit him for trial upon indictment before the Supreme Court and shall, until the trial, either admit him to bail or send him to prison for safekeeping. Immediately after the accuses shall so have had opportunity of making his answer to the charge, the Court shall ask him whether he desires to give evidence on his own behalf and whether he desires to call any witnesses, and the evidence of the accused together with the depositions of such witnesses as the accused shall call, and who shall appear on his behalf, shall then be taken in like manner as in the case of the witnesses for the prosecution. 36. a Being an Act to establish the Sierra Leone Correction . Number of Act: 31. (1) If the trial is to be held with the aid of assessors, the Judge shall select from the persons summoned to act as special jurors such number, not being ordinarily less than three, as he shall think fit to assist him in such trial. 13. An offence committed whilst the offender is in the course of performing a journey or voyage may be enquired into or tried in a District through or into which the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage. WHEREAS.ofhas bound himself by recognisance. When a person is charged with robbery and it is proved that he committed an assault with intent to rob, he may be acquitted of robbery and convicted of an assault with intent to rob although he was not charged with that offence. h.Nothing in this Act shall effect the provisions of section 18 of the Indictable offences Act, 1848, or other right of the person charged to make a statement without being sworn. OFFENCES BY NON-CITIZENS WITHIN THE TERRITORIAL SEA. (1) A description of the offence charged in an information or indictment or where more than one offence is so charged, of each offence so charged, shall be set out in the information or indictment in a separate paragraph called a count. (a) a Judge may on the application of the prosecutor, direct a Law Officer to sign the indictment and the indictment shall be signed accordingly; b.the provisions of this section shall not be construed so as to derogate from the powers conferred upon the Attorney-General by section 44 of this Act or section 73 of the Constitution. 0000009301 00000 n ii. Your are not obliged to say. The Criminal Procedure Acts The Goverment of Sierra Leone Information, Sierra Leone Web, Sierra Leone PDF. Where the defendant does not appear personally and pleads guilty in writing under section 21, the Court may proceed to conviction notwithstanding the absence of the prosecutor. The Sheriff or Deputy Sheriff shall, as soon as may be after having received a copy of the indictment and notice of trial, and three days at least before the day specified therein for trial, or within such lesser time as the Court may for good cause order, by himself or other person authorized by him, deliver to the party charged the said copy and notice and explain to him the nature and exigency thereof, and when the said party is not in custody or shall have been admitted to bail and cannot readily be found, he shall leave a copy of the said indictment and notice of trial with some person of his household for him, at his dwelling house and if none such can be found, shall affix the said copy and notice to the outer or principal door of the dwelling house of the party charged: a.in any such case where an indictment is signed and filed without previous investigation and committal for trial, the accused shall be entitled to at least seven days notice as aforementioned; b.nothing herein contained shall prevent any person in custody or awaiting trial at the opening of or during any sessions, from being tried thereat, if he shall have been served with a copy of the indictment and notice of trial not less than three days or seven days, as the case may be, before the date on which he is to be tried; c.such last-mentioned period of three days or seven days may be reduced to a shorter period, if any such person shall express his assent thereto and no special objection be made on the part of the Crown. Consequences supervening or not known at time of former trial. (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.

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