Statements as to wages to be evidence. The fact that the indictment has been so signed shall be equivalent to a statement that all conditions required by law to constitute the offence charged, and to give the Court jurisdiction, have been fulfilled in the particular case. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. I order that the accused be committed for trial upon, indictment before the Supreme Court atand I further order that the accused be. Arrest how made. 19 - Aug. 2012 COURT OF APPEAL RULES PART I TITLE AND INTERPRETATION Title 1 These rules may be cited as The Court of Appeal Rules. One of the sections so applied is 14 which imposes restrictions on, and relief against, forfeiture of leases. 13. Anything so taken from an arrested person shall be produced before the Court. (1) Notwithstanding anything contained in section 79 any constable in charge of a police station may take bail by recognisance conditioned for the appearance of an accused person before the Magistrate's Court, on a day and at a place to be mentioned in such recognisance, there and then to be dealt with according to law, in the following cases, a. Submit. b.the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; c.the Court before which the person arrested it to attend; and. 10 of 2011. Arson, contrary to section 2 of the Malicious Damage Act, 1861. In the..Court.at. 57. (5) Where an order of the Court is made under this section for a separate trial or for postponement of a trial, a.if such order is made during a trial with a jury or during a trial with assessors, the Court may order that the jury or the assessors be discharged from giving a verdict or opinions, as the case may be, on the count or counts the trial of which is postponed, or on the indictment as the case may be; and, b.the procedure on the separate trial of a count shall be the same in all respects as if the count had been contained in a separate indictment, and the procedure on the postponed trial shall be the same in all respects (provided that the jury or assessors, if any, have been discharged) as if the trial had not commenced; and. All arrested persons to be brought before a Court without delay. Local Courts (Amendment) Act, 1965 (No. WHEREAS..(name of criminal lunatic) being charged before the, Court with the offence ofwas this day by special finding found to be, Now these are to authorise you to received the said..into your custody and safely to keep, WHEREAS.(name of accused), being charged before, the..Court atwith the offence, of.was by special finding the said Court to be not guilty of the act or, Now, therefore, I.the Minister responsible for Social Welfare, do hereby order the, said..of.to be confined in the mental. Whereas.(name of accused) of(address) has been committed for, trial by the..Court ofstands charged before the on a charge of. 168. The Local Courts (Amendment) Act, 1965 [1st October, 1965.] (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. In the..Court at. To.(name and designation of person or persons who is or are to execute the warrant). SNi`U~? or so much thereof as shall be sufficient to satisfy the said fine/sum/penalty returning this warrant with an endorsement certifying what you have done under it, immediately upon its execution. (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. (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. (1) At the close of the evidence in support of the charge if it appears to the Court that the case is made out against the accused or the defendant sufficiently to require him to make a defence the Court shall ask him if he wishes to say anything in answer to the charge, or has any witnesses to examine or other evidence to adduce in his defence, and the Court shall then hear the accused or the defendant and his witnesses and other evidence, if any. m ment of minor correctional centre offences by junior or h nate officers. Expenses of commitment .. (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. 44. 208. (1) The provisions of section 145 shall not deprive a person of his rights under section 144 to change his election and a person who has elected to be tried by a Judge alone may afterwards elect to be tried by the Court with aid of assessors if he changes his election before the time allowed by that section has expired, otherwise his change of election shall have no effect; and in the case of persons who are charged jointly, if they have all elected in accordance with section 145 to be tried by a Judge alone, they shall be so tried unless they all change their election in accordance with this section. 39. Download as pdf. Information requested from States parties in relation to mandates of anticorruption body or bodies in respect of prevention Please describe the measures you have taken to implement art. 206. death was this day executed in the said prison (or as the case may be), and that on such examination I found that the said.was dead. 232. (2) The Remitting Court shall send to the Court to which the person charged is remitted for trial an authenticated copy of the information, summons, warrant and all other process or documents in its possession relative to such person. ii. Laws of Sierra Leone, 1960, Government Printer, Freetown, Sierra Leone, Vol. 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. He was called upon to sign it or to append his mark which he did/refused to do. When constable may arrest without warrant. 242. 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. Forfeiture and levy of recognisances. Trial not to be continued in certain cases. Customary law applies in the provinces THIS IS TO CERTIFY that at a session of the Supreme Court held before Mr. Justice aton the..day of..19.. ..(name of prisoner) was duly convicted of murder and sentenced to suffer death. 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) 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. Appointment of other persons to perform duties of Magistrate. (2)Such warrants issued by any Magistrate's Court shall be enforce by the Magistrate of the district in which the person against whom such warrants or any goods and chattels of such person, may be found. (1) At any time during the hearing of the change the Court may, if it thinks fit, adjourn the hearing. 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. 210. Similar Judgments. The accused shall sign or attest by his mark such record. En primer lugar se hace alusin a la esencia, rasgos y evolucin de las Operaciones de Paz, as como una resea del papel desempeado por Chile en ellas. (1) Where the accused is defended by counsel who states that no witness as to the facts will be called except the accused, the Court shall require the accused to make his unsworn statement or give his evidence, as the case may be. (2) If two or more of the assessors are prevented from attending or absent themselves, the proceedings shall be stayed and a new trial shall be held with the aid of fresh assessors. SierraLII publishes the law of Sierra Leone for free online access. 220. This Act may be cited as the Administrator of Estates Act, it shall come into force on such day as the President may fix by notice in the Gazette, and shall apply throughout Sierra Leone except in respect of the estate or part of the estate of the deceased native which is within the jurisdiction of a Local court. Such warrants may be delivered to constables for execution. (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. 90. The sealing of any order, summons or warrant shall not be necessary in addition to the signature of the Judge or Magistrate or Justice of the Peace by whom the same shall be signed, except in cases where sealing is expressly directed by this or any other Act. (1) A corporation may be charged either alone or jointly with another person with an offence triable on indictment or triable summarily before a Magistrate's Court. (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. 25 dated 31st May, 2007 ii. (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. No. At close of prosecution case Judge to inform undefended accused of his rights. 13. The lease in s question was made in May 1962. Arrest, etc., of Member of Parliament or public officer to be reported. 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. (2) Where the prosecution does not put in the statement the Judge, on the application of the defence, may order the statement to be read at the conclusion of the prosecution evidence as part of the prosecution case. (2) If it is made to appear to any Court, by information on oath, that any person bound by recognizance is about to go out of Sierra Leone, the Court may cause him to be arrested and may commit him to prison until the trial, unless the Court shall see fit to admit him to bail upon further recognizance. No. If any assessor unable to attend, trial may proceed. B., might retain the same in safe custody. Prisoner to be released on bail or acquitted and discharged if not tried within a certain time. (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. 131. (2)If the remand is for not more than three clear days, the Court may by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue to keep the accused in his custody, and to bring him up at the time appointed for the commencement or continuance of the said investigation. A. 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. c.When an act is an offence by reason of its relation to another act which is also an offence, or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offense may be enquired into or tried in the District in which either act was done. (1) When, in a case tried with assessors, the case on both sides is closed, the Judge may sum up the evidence for the prosecution and defence, and shall then require each of the assessors to state his opinion orally, and shall record their opinion but the decision shall be vested exclusively in the Judge. Uttering forged document, contrary to section 6 (1) (2) of the Forgery Act, 1913. 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. (4) ) If a constable is assaulted or obstructed when making any arrest, it shall be the duty of any private person, on whom he may call for aid, to go to his assistance. 114. The respondent claimed that the deceased had sold the land to him some time in . (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. SCOPE The death penalty can be imposed for the following civil and military crimes: Treason and related offences under the Treason and State Offences Act 1963; Murder under the English common law and section 121 of the CPA No 32 of Statement of Offence Perjury, contrary to section 1 (1) of the perjury Act, 1911. 2. Passed in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. 0000003688 00000 n Procedure for offences. 78. 177. (5)Upon receiving such report in evidence the Court shall, if it thinks such a course proper for the ends of justice, summon and examine such medical practitioner, dentist, analyst, chemical examiner, geologist, assayer, or mineralogist, or person gazetted as an examining officer in accordance with the provisions of subsection (3), as a witness or cause his evidence to be taken on commission as the case shall require. PRESERVATION OF TESTIMONY IN CERTAIN CASE. 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 . (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. 48. These Rules may be cited as the Criminal Procedure Rules. 226. (2) Where a fine imposed under sub-section (1) is not paid forthwith the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs (if any) in the Supreme Court, and that judgment shall be enforceable against the corporation in the same manner as if it were a judgment entered against the corporation in the Supreme Court in civil proceedings. The Globalization of World Politics. Resumption of trial or investigation. Without prejudice to the provisions of any enactment, all criminal offences shall be enquired into, tried and otherwise dealt with according to the provisions of this Act. TO THE SHERIFF OF THE. WHEREAS.(name) is lying ill/hurt at(address) and is not likely to recover, and, whereas it appears to me that the saidis able and willing to give material, information relating to the offence of.(statement of offence) alleged to have been committed, Now, therefore, take notice that I propose to take in writing and upon oath or affirmation the statement of the said. Image. 1. FAO organizational chart; Regional Office for Africa; Regional Office for Asia and the Pacific; Regional Office for Europe and Central Asia; Regional Office for Latin America and the Caribbean Whenever any preliminary investigation or trial is postponed under sections 71 or 134, the Court may at any time resume the preliminary investigation or trial and require the accused to appear or be brought before such court, when, if the court considers him capable of making his defence, the preliminary investigation or trial shall proceed, but if the Court considers the accused to be still incapable of making his defence, the accused shall be dealt with as though the preliminary investigation or trial had not been resumed. 43. 85. 193. 245. If he refuses, the Court shall add a note of his refusal and the statement may be used as if he had signed or attested it. 48. The failure of any person charged with an offence, or of the wife or husband, as the case may be, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution. 237. (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. iii. No. Procedure where accused consents to summary trial. the Attorney-General shall not make the person a prosecutor; "Registrar" means any person appointed to perform the duties of a Registrar in any Court; "young person" means a person who is fourteen years of age or upwards and under the age of seventeen years. Provided that (a) where any rule of law or any Act or statute limits the particulars of an offence which are required to be given in an information or indictment, nothing in this rule shall require any more particulars to be given than those so required. In the..Court at. To..(keeper of Prison or constable). b. 247. Bin Rafaah v Precious Minerals Marketing Company (Sierra Leone) Limited (CIV APP 1 of 1999) [1998] SLCA 2 (23 October . (2)If a witness is cross-examined at the trial on behalf of the accused on any part of the witness's statement to the police the prosecution may furnish the Court with a copy of the statement which shall become part of the record of the trial. A. In the.Court at. To..(name of prosecutor or witness) of.(address), Take notice that you are bound in the sum of..leones to appear at the, ..sessions of the Supreme Court to be holden atand unless you personally make. 2. (1) The deposition of a medical practitioner or other medical witness, taken and attested by a Magistrate in the presence of the accused person, may be read as evidence, although the deponent is not called as a witness. 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 160. (2) Such questions and the answers to them shall be recorded. 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. 97. B., on the..day of.at.in the Western Area of Sierra Leone, uttered a certain forged will. (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. On 11 January 2022, the President of Sierra Leone assented to the Finance Act 2022. (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. 150. The Sierra Leonean war had resulted in over 75,000 casualties, displaced 2.6 million people, was characterized by war crimes such as the use of child soldiers, mutilations, torture and systematic rape and largely destroyed existing infrastructures. Penalty for signing false certificate. 145. 88. 197. 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. 152. (1) Any constable may without a warrant arrest -. WHEREAS.(name of offender), was on theday, of..sentenced to pay a fine of..or in default to suffer imprisonment for the period. inat. Now these are to authorise you with such assistance as you may quire to search all persons found therein and it found to produce such..(animal, matter or thing) forthwith before this Court together with this warrant. 0000006381 00000 n 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. 66. 125. ,)n6ooYYWvH/`dUO._l^.}Yu . (1) 4. 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). Search of place entered by person sought to be arrested. sentenced/ordered to pay a fine/sum/penalty of.. AND WHEREAS the said..has not paid the said fine/sum/penalty or any part thereof: Now these are to command you to make distress by seizure of the goods and chattels belonging to the, said.which may be found within the district ofand if the said, sum shall not be paid forthwith/within..days next after such distress/to sell the property distrained. (1) Where in the course of a criminal trial any member of the jury dies or is discharged by the Court as being through illness incapable of continuing to act or for any other reason, the jury shall nevertheless, subject to assent being given in writing by or on behalf of both the prosecutor and the accused and so long as the number of its members is not reduced below ten, be considered as remaining for all the purposes of that trial properly constituted and the trial shall proceed and a verdict may be given accordingly. (1) Any public officer, who commits outside Sierra Leone, when acting or purporting to act in the course of his duties, 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. Having, heard the evidence do you wish to say anything in answer to the charge (or charges)? If the Attorney-General is of the opinion that there is in any case committed for trial any material or necessary witness other than those mentioned in the depositions, the prosecutor may call the witness before the trial Court upon giving to the Registrar of the Court and to the accused notice of his intention to do so together with a summary of the evidence to be given by the witness. 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. 2014 Sierra Leone Correctional Service Act o. N (4) In the absence of the Director-General, the Deputy . 129. 140. (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. 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