sierra leone court act, 1965 pdf
. Magistrate's Courts have limited jurisdiction. c.any offence against sections 20, 21 and 22 of the Larceny Act, 1916. The lease in s question was made in May 1962. 3. The omission to comply with any provision of this Part shall not make the execution of judgment of death illegal in any case where such execution would otherwise have been legal. Power to take depositions of persons dangerously ill. 62. Procedure in preliminary investigation. (3)The deposition of each witness shall include answers given by the witness in reply to questions put to the witness in cross-examination. 160. (2) ) In this section "petition" means a motion or petition for special leave to appeal to Her Majesty in Council and includes, where appropriate, any application relating to such motion or petition. 184. Acting Clerk of the House of Representatives. 14. b. (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. Interpretation. 1. The forms set out in the Second Schedule may be used in all proceedings to which they are applicable with such variations as circumstances require, and shall valid and effectual for all purposes. No. (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. 108. (2)The Court may set aside any conviction made in the absence of the defendant upon being satisfied that his absence was due to causes over which he had no control, and that he has a probable defence upon the merits. 244. This Printed Impression has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. (2) The following persons shall be exempted from serving on any jury. (1) In a trial on indictment for murder or manslaughter, the declaration of a deceased person, whether it be made in the presence of the accused person or not, may be given in evidence if the deceased 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. 122. Additional witnesses for the defence. 185. 82. PART VI - EXECUTION OF SENTENCES CAPITAL SENTENCES. (1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence. 251. (3)Where a representative appears, any requirement of this Act that anything shall be done in the presence of the. 219. (2)Where the accused is defended by counsel who states that he intends to call witnesses as to the facts other than the accused, the Court shall call upon the accused's counsel to open his case and shall then require the accused, if he so desires, to make his own unsworn statement or give his evidence on oath, as the case may be, and thereafter to call his witnesses (including witnesses as to character). As a country in transition from one-party authori- 206. INTRODUCTION The Rule of Law and Due Process have been the distinguishing factor which upholds the democratic tenants and constitutionality of states across the world, and it ensures that governments and the governed coexist in a healthy and responsible manner which oils the wheels of the state, and aids its productivity legally, Where it appears to the Court that distress and sale of his goods and chattels would be ruinous to the person convicted and ordered to pay money for a fine or penalty and his family, or (by his confession or otherwise) that he has no goods whereon a distress may be levied, or other sufficient reason appears to the Court, the Court may, if it thinks fit, instead of or after issuing a warrant of distress commit him to prison for a period specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid. 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. The accused shall then make his own unsworn statement or give his evidence on oath and thereafter he shall call his witnesses (including witnesses as to character). Where it appears to the Court that a charge is malicious, frivolous or vexatious, the Court may order the prosecutor to pay all or any specified part of the expenses of the prosecution or of the defence. 45. (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. 160. i.that an offence be enquired into or tried by the Supreme Court or any subordinate Court not empowered by sections 39 and 40 but in other respects competent to enquire into or try such offence; ii. Any person, who on any examination on oath under any of the provisions of this Act willfully and corruptly give false evidence, shall be guilty of perjury. 5. An offence shall be enquired into and tried in the Judicial District in which it was committed. 91. 4, pp. If too long for this space continue overleaf). For the purposes of sections 86 to 90. 13. DATED this.day of..19 RECOGNISANCE BOOK KEPT AT THE POLICE STATION (OR LOCKUP) AT, (1) State time and place at which accused (recognisor) is to appear before the Magistrate and the sum in which he is bound followed by his. 147. THE CRIMINAL PROCEDURE ACTS, 1965 ARRANGEMENT OF SECTIONS Section No. 139. 112. Sierra Leone has a two tier justice dispensation regime; on the one hand is the formal justice sector and on the other the informal justice sector. (2) Every such warrant shall state shortly the offence with which the person against whom it is issued is charged and shall name or otherwise describe such person and it shall order the person or persons to whom it is directed to apprehend the person against whom it is issued and bring him before the Court issuing the warrant or before some other court having jurisdiction in the case to answer to the charge therein mentioned and to be further dealt with. Postponement of trial, recognisances. 5. 68. 192. If a person refuses to enter into such recognizance the Court may commit him to prison, or into the custody of any officer of the Court, there to remain until after the trial, unless in the meantime he enter into a recognizance. 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. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. In proceedings to which no such forms are applicable the Master of the Supreme Court may, with the approval of the Chief Justice, from time to time frame the forms required and such forms shall be published in the Gazette. DATED this.day of. The forms set out in the Second Schedule may be used in all proceedings to which they are applicable with such variations as circumstances require, and shall valid and effectual for all purposes. 48 S. 16 states: "An Adoption order shall not have effect to make the adopted person a member of any clan, lineage or other group recognized under customary law and practice; but if the adopter is a person subject to customary law and practice then, as from the date of the adoption order, the adopted person shall be a person subject to . 29 1965 Short title. 195. CERTIFICATE AND WARRANT UNDER SECTION 129, CRIMINAL PROCEDURE ACT, 1965. 110. Subject to the provisions of the Courts Act, 1965, and to the powers of transfer conferred by the section 43, the place for the investigation and trial of offences by Courts other than the Supreme Court shall be determined according to the following rules. Offences by public officers abroad and offences on aircraft. In so doing, they may be guided, as appropriate, by the Criminal Procedure Act, 1965, of Sierra Leone . (3)When an accused person makes an application under this section, the Judge may before granting the same, direct him to enter into a recognisance, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecution. (2) It shall not be necessary, in any count charging an offence constituted by an enactment, to negative any exception. 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. WHEREAS.(name of accused) did appear before the, ..(Magistrate or Judge) atto take his trial on attend a. preliminary investigation into a charge of..: And whereas the said..(Magistrate or Judge) has reason to believe that the, said(name of accused) is of unsound mind and is incapable of making his defence and has. On the 1st day of December in every year each Magistrate, together with such Justices of the Peace in his Judicial District as may be able to attend, shall hold a public sitting in the Court House of his district, for considering and disposing of all such notices as he shall have then received, and shall then revise and settle the lists by the addition to, or taking away therefrom, of names, and by correcting any error as to the names, occupations or places of residence, and the nature of the qualification of any persons included therein. WHEREAS by section 70 of the Constitution it is ordained that the Governor-General may, in Her Majesty's name and on Her behalf, grant unto any offender convicted of any crime in any Court before any Judge or Magistrate within Sierra Leone a free pardon, or a pardon subject to such conditions as may at any time be lawfully thereunto annexed. B. and C. D., in H.S. 191. (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. 244. 208. Priests and ministers of the various religions practiced in Sierra Leone. Hb```f````c` 6Pa'C Vbq310g`g``}p@v/q* @Y`;+^|& bi55 # endstream endobj 387 0 obj 146 endobj 351 0 obj << /Type /Page /Parent 347 0 R /Resources << /ColorSpace << /CS2 354 0 R /CS3 357 0 R >> /ExtGState << /GS2 379 0 R /GS3 380 0 R >> /Font << /TT4 355 0 R /TT5 353 0 R /TT6 361 0 R /TT7 363 0 R >> /XObject << /Im1 385 0 R >> /ProcSet [ /PDF /Text /ImageC ] >> /Contents [ 359 0 R 365 0 R 367 0 R 369 0 R 371 0 R 373 0 R 375 0 R 377 0 R ] /MediaBox [ 0 0 612 792 ] /CropBox [ 0 0 612 792 ] /Rotate 0 /StructParents 0 >> endobj 352 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 0 /Descent -216 /Flags 98 /FontBBox [ -498 -307 1120 1023 ] /FontName /EDMNNK+TimesNewRoman,Italic /ItalicAngle -15 /StemV 83.31799 /FontFile2 378 0 R >> endobj 353 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 147 /Widths [ 250 0 0 0 0 0 0 0 0 0 0 0 250 333 250 0 0 500 0 0 0 500 500 0 0 500 0 0 0 0 0 0 0 611 0 667 0 0 611 722 722 333 0 0 0 0 0 722 611 0 611 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 500 444 500 444 278 500 500 278 0 444 278 722 500 500 500 0 389 389 278 500 444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 556 ] /Encoding /WinAnsiEncoding /BaseFont /EDMNNK+TimesNewRoman,Italic /FontDescriptor 352 0 R >> endobj 354 0 obj [ /ICCBased 382 0 R ] endobj 355 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 151 /Widths [ 250 0 0 0 0 0 0 0 333 333 0 0 250 333 250 0 500 500 500 500 500 500 500 500 500 500 278 278 0 0 0 0 0 722 667 667 722 611 556 722 722 333 389 0 611 889 722 722 556 722 667 556 611 0 722 944 0 0 0 333 0 333 0 0 0 444 500 444 500 444 333 500 500 278 278 500 278 778 500 500 500 0 333 389 278 500 500 722 500 500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 444 444 0 0 1000 ] /Encoding /WinAnsiEncoding /BaseFont /EDMNKK+TimesNewRoman /FontDescriptor 356 0 R >> endobj 356 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 656 /Descent -216 /Flags 34 /FontBBox [ -568 -307 2028 1007 ] /FontName /EDMNKK+TimesNewRoman /ItalicAngle 0 /StemV 94 /XHeight 0 /FontFile2 381 0 R >> endobj 357 0 obj /DeviceGray endobj 358 0 obj 1459 endobj 359 0 obj << /Filter /FlateDecode /Length 358 0 R >> stream 0000010705 00000 n (1) The description of property in a count in an information or indictment shall be in ordinary language, and such as to indicate with reasonable clearness the property referred to and if the property is so described it shall not be necessary, except when required for the purpose of describing an offence depending on any special ownership of property or special value of property, to name he person to whom the property belongs or the value of the property. 46. When such special findings is made the Court shall order the accused or the defendant to be kept in custody as a criminal lunatic in such place and in such manner as the Court shall direct, and shall report the case for the order of the Minister. A. purporting to be the will of C. D., knowing the same to be forged and with intent to defraud. 159. 98. (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. A.B., on the..day of..atin the Western Area of Sierra Leone, fraudulently, converted to his own use..Province or benefit certain property, that is to say, the sum of Le400 received by. Spanish has been an official language in Puerto Rico since it was first colonized by Spain in the 15th century. 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. (3)In any case where two or more accused are jointly tried and some accused are defended by counsel and others are not, the Court shall for the purposes of procedure deem all the accused to be defended by counsel. THE COURTS (AMENDMENT) ACT. The formal legal system consists of the common law, statutes and the Constitution. (1) If the jury are not unanimous, the Judge may require them to retire for further consideration. 12. (3)Where such an endorsement is made, the officer in charge of any police station which on arrest the person named in the warrant is brought shall release him upon his entering into such recognisance with sureties approved by that officer in accordance with endorsement, conditioned for his appearance before the Court and at the time and place named in the recognisance. (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. QUALIFICATIONS OF JURORS AND PREPARATION OF JURORS' LIST. njala university, school of social sciences Skip to document Ask an Expert Sign inRegister Sign inRegister Home (1) If the accused or the defendant does not admit the truth of the charge or the Court refuses to accept a plea of guilty, the Court shall proceed to hear the prosecutor and his witnesses and other evidence, if any. b.by way of compensation or otherwise under sections 54 or 60. the Court may either order immediate payment, or allow time for payment, or direct payment to be made by instalments. a. (8)When the accused is required to procure a surety or sureties, the recognisances of the sureties may be taken separately and either before or after the recognisance of the accused. 0000013422 00000 n a.to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Sierra Leone; b.to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and. are). 133. amounts to a breach of the peace in terms of the PUBLIC ORDER ACT 1965 as amended, . 1960 (SLE-1960-L-28611) Employers and Employed Act (Chapter 212) [consolidated to 1960] 79. 4. 44. Death sentence not to be passed on persons under eighteen years of age. Trial by Judge with the aid of Assessors or by Judge alone at instance of the Attorney-General. 172. 0000001870 00000 n 155. 135. Number of Act: 31. (1) The substance of the charge shall be stated to the accused, or defendant and he shall be asked if he admits or denies the truth of the charge. 149. 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. Holders of such other offices in the public service that the Governor-General, may from time to time require to be exempted. No. 0000006381 00000 n 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. 124. When the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution. Rules as to informations and charges. (3) Property belonging to or provided for the use of any Government Establishment, service, or department, may be laid as the property of Her Majesty the Queen. If, on any trial for misdemeanour, the facts given in evidence amount to felony, the defendant shall not be therefore acquitted of such misdemeanour; and no person tried for such misdemeanour shall be liable afterwards to be prosecuted for felony on the same facts. If any person stands mute or refuses, or by reason of infirmity is unable to answer directly to the indictment the Court shall, unless it has reason to believe that such person is of unsound mind and consequently incapable of making his defence, order the Registrar to enter a plea of not guilty on behalf of such person, and the plea so entered shall have the same force and effect as if such person had actually pleaded the same; but if the Court has reason to believe as aforesaid, it shall proceed in the manner prescribed in section 71. (2) In the event of adjournment the assessors shall be required to attend at the adjourned sitting, and at every subsequent sitting till the conclusion of the trial. (2) Where an indictment is so amended, a note of the order for amendment shall be endorsed on the indictment, and the indictment shall be treated for the purposes of all proceedings in connection therewith as having been filed in the amended form. 22 of 1961. Where defendant pleads guilty in writing. 3. (3)Any document purporting to be an original report under the hand of a person gazetted as an examining officer. A person convicted or acquitted of any act causing consequences, which together with such act constitute a different offence from that for which such person was convicted or acquitted, may be afterwards tried for such l mentioned offence, if the -consequences had not happened or were not known to the Court to have happened at time when he was acquitted or convicted. DECLARATION OF EXECUTION OF JUDGMENT OF DEATH, We, the undersigned hereby declare that judgment of death was this day executed onin. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. E-Book Overview. Expenses of conveyance to prison .. Decision of Court and assessors to have same effects as finding of jury. If the officer having the execution of the warrant reports that he could find no goods and chattels whereon to levy the money mentioned in the warrant with expenses, the Court may be the same or a subsequent warrant commit the person ordered to pay, to prison for a period specified in the warrant, unless the money and all expenses of the distress, commitment, and conveyance to prison, to be specified in the warrant, are sooner paid. Of death was this day executed onin as appropriate, by the PROCEDURE! Practiced in Sierra Leone original report under the hand of a person gazetted as examining! 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