197. (1) If from the absence of a witness, or from any other reasonable cause recorded in the minutes the Court considers it advisable to adjourn the preliminary investigation and the accused is not admitted to bail, the Court may, by warrant, from time to time, remand the accused for a reasonable time, not exceeding eight clear days at any one time, to some prison or other place of security. E-Book Overview. DATED this..day of. TAKE NOTICE that you will be tried on the indictment, whereof this is a true copy, at the Sessions of the Supreme Court to be held aton theday of.19. 139. Proof of service outside local limits of jurisdiction. (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. Prosecutor and witnesses may be required to enter into recognisances. 236. 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. Recovery of damages, etc., as a judgement debt. 144. Authority for carrying out sentences not capital. 167. (5)Where any person is charged jointly with a corporation with an offence triable on indictment and either that person or the corporation by its representative does not consent that the offence should be dealt with summarily in pursuance of section 6 of the Courts Act, 1965, the Court shall not have power to deal summarily with the offence in the case of the other offender. 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. Now these are to authorise and require you to recover the said sum of..as though the. (2) When a person is charged with any felony, other than murder or treason, the Court may, if it thinks fit, admit him to bail. 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. Accused or defendant to be called upon to plead. (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. Resumption of trial or investigation. Particulars of Offence A. Of 19.The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. Passed in the House of Representatives this 5th day of October, in the year of Our Lord one thousand nine hundred and sixty-five. Expenses of conveyance to prison .. 92. 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. Priests and ministers of the various religions practiced in Sierra Leone. Therefore the Supreme Court of Sierra Leone should declare that law null and void by virtue of Section 171(15) of the Act No 6 of the . To.. (name and designation of person or persons who is or are to, investigation into the offence charged against him, and should the case be sent for trial by the Supreme Court, that he will be and appear before the said Court when called upon to answer the charge against him and will continue so to, answer otherwise ordered by the said Court and in case of his making default herein I bind myself/we bind ourselves, Passed in the House of Representatives this 5. Persons charged with misdemeanour not to be acquitted if offence proved felony. 216. 229. Trial by Judge alone on election of accused. (1) When the accused appears to be of sound mind at the time of the preliminary investigation, the Court, notwithstanding that it is alleged that at the time when the act was committed in respect of which the accused person is charged he was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that it was wrong or contrary to law, shall proceed with the case, and if the accused ought to be committed for trial, the Court shall so commit him. 172. (4)The search warrant shall be executed by the constable or other person who shall have charge thereof; but he may be accompanied by any other persons necessary to assist him. Procedure in preliminary investigation. 62. No. 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. Benin Constitutional Court declared four articles of the nationality code to . 202. c.that such an order is otherwise expedient for the ends of Justice. I,.(Judge of the Supreme Court or other designation) hereby certify that the, condition of the recognisance entered into by..and set out on the obverse hereof has not been, You are hereby directed to cause to be served upon the said..the order and notice required b. section 129 of the Criminal Procedure Act, 1965: And you are further directed that if the said sum shall not have been paid to you within six days of the service of such order and notice, you shall proceed to recover the same by distress and sale of the goods and chattels of the, saidand in default of the amount being so recovered you shall lodge the said, ..in the prison at.there to be kept safely for a period. Search without a warrant in cases where articles are being conveyed, etc. (1) The superintendent of a mental hospital, prison or other place in which any person (hereinafter referred to as a criminal lunatic) is detained by virtue of an order made under section 71 or section 73, shall make a report to the Minister which shall be accompanied by a report by a medical practitioner at such times (not being less than once a year) and containing such particulars as the Minister may require, of the conditions and circumstances of every criminal lunatic in such mental hospital prison or place; and the Minister shall, at least once in every three years during which a criminal lunatic is detained in any mental hospital, prison or other place, consider the condition, history and circumstances of such criminal lunatic and determine whether he ought to be discharged absolutely or conditionally or otherwise dealt with. 203. The Act was amended by the : The Sierra Leone Citizenship (Amendment) Act, 2006. Exemption of districts from returning jurors. 9. 0000003688 00000 n WHEREAS(name) is now lying ill/hurt at(address) and is not expected to recover: And whereas it is expedient that(name), a prisoner now in your custody, should be present. 115. If the statement taken in writing under section 61 relates or is expected to relate to an offence for which any person is under a charge or committal for trial, reasonable notice of the intention to take the same shall be served upon the prosecutor and accused, and if the accused is in custody, he shall be brought by the person in whose charge he is, under an order in writing of the Court, to the place where the statement is to be taken. 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. 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. b. Subsection (1) of section 13 of the principal Act is hereby amended as follows, a)by the insertion immediately before the word "cases" in line one of paragraph (aa) of the proviso thereto of the words "subject to the provisions of paragraph (a)"; and, b)by the substitution for the words "fifty pounds" in line three of paragraph (c) of the words "two hundred leones"; and. 139. the said..shall be forthwith set a liberty. Any compensation or expenses awarded under section 54 to 57 or paragraph (b) of subsection (1) of section 60 shall not be regarded as a penalty, but shall be recoverable as a judgment debt in the Court by which the order for payment is made: Provided that nothing in this section contained shall in any way affect or limit the powers conferred upon the Court by sections 59 and 60. The person accused of any offence may be convicted of attempt. (1) Every Court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Sierra Leone, or which according to law may be dealt with as if it had been committed within Sierra Leone, and any person within such limits against whom a complaints is made on which the Court has power to make any order for the payment of money or otherwise, and to deal with all such persons according to its jurisdiction. African Law (AfricanLII) . 123. 28. (2)The Principal Immigration Officer shall during the first week of August in each year furnish the Senior Police Magistrate in Freetown, with a list of names of all aliens known to him to be resident in the Western Area. 178. 0000035136 00000 n (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. Power to search for strangers in Diamond Protection Areas. 230. (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. (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. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. 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. 155. 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. A. Evidence for arriving at proper sentence. 9. 241. 13. THE MAGISTRATES' COURTS ACT An Act to provide for the jurisdiction, powers and functions of magistrates' courts and for other related matters. DATED this.day of. Conditions precedent to trial of foreigners for offences committed in territorial sea. 247. (2)A licence may be in such form and may contain such conditions as the Governor-General may direct. A Magistrate may, if he is compelled to interrupt the conduct of a preliminary investigation by sickness, absence or other sufficient cause, appoint a deputy in writing under his hand, and such deputy shall, for the purpose of subsections (1) and (2) of section 113 (but in respect of the power to remand only), have the like powers as if he were the Magistrate. If the accused or defendant admits the truth of the charge the Court may convict him thereof, or refuse to accept a plea of in guilty, as it thinks fit. 21. 193. (2)Where a criminal lunatic is conditionally discharged in pursuance of this Act, a report of his condition shall be made to the Minister by such person, at such times and containing such particulars as may be required by the order of discharge. Offences by public officers abroad and offences on aircraft. (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. 68. 5. (3) This section shall not prejudice or affect the trial of any act of piracy as defined by the law of nations. 237. The Constitution of Sierra Leone (Amendment) Act, 1981 : being an act to amend the constitution of Sierra Leone, so as to harmonize it with the constitution of the All People's Congress, and for connected purposes : [19th November, 1981]. 140. 217. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of (2) The Supreme Court has in addition authority to cause to be brought before it any person who is within Sierra Leone if he is charged with an offence over which the Supreme Court has jurisdiction. Death sentence not to be passed on persons under eighteen years of age. 6. (2) The following persons shall be exempted from serving on any jury. CONTROL OF ATTORNEY-GENERAL OVER CRIMINAL PROCEEDINGS. 195. and obscene libel the particulars of which ate deposited with this indictment. A. Person arrested to be handed over to constable. (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. 206. 5 OF 2009) THE COMPANIES REGULATIONS, 2015 In exercise of the powers conferred upon the Commission by sections 494 and 530 of the Companies Act, 2009 the Commission hereby makes the following Regulations - PART I-PRELIMINARY 1. 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 . The formal legal system consists of the common law, statutes and the Constitution. In default of the recovery of the fine by such distress and sale, the person fined may be imprisoned for a period not exceeding two weeks. If a woman convicted of an offence punishable with death be alleged to be pregnant, the Court shall enquire into the fact; and if there be reasonable cause for believing it, the sentence to be passed on her shall be a sentence of imprisonment for life instead of sentence of death. Forfeiture and levy of recognisances. Paragraph (xii) of section 78 of the Prisons Act, 1961, is hereby amended. Sierra Leone Citizenship Act, 1973 . 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. But if afterwards, from want of sufficient evidence or other cause, the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharged. WHEREAS your attendance is necessary to answer to a charge of.. of Offence): you are hereby required to appear in person before the.Court, at.atm, on the.day, In..Court, Toof..(name of accused) (address), WHEREAS your attendance (subject to what is stated below) Is necessary to answer to a charge of.(statement of offence), Unless you choose to inform the Court in writing before the date fixed for hearing that you plead guilty to the charge you are hereby required to appear in person or by legal practitioner before the. Power to take offensive weapons or property of evidentiary value from arrested persons. 154. 188. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. Restitution of property stolen or its value. 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. B., on theday ofatin the Western Area of Sierra Leone, did counsel, procure, and. The Local Courts (Amendment) Act, 1965 Date of commencement. Condemned person to be informed of his right to appeal. Form, contents and duration of warrant. The conditions hereinbefore referred to are the following, a. the deposition must be the deposition of a witness whose attendance at the trial is stated to be unnecessary in accordance with the provisions of section 127, or of a witness who cannot be found, or whose attendance cannot be procured without an amount of delay, expense or inconvenience which in the circumstances of the case, the court considers unreasonable, or who is proved at the trial by the oath of a credible witness to be dead or insane, or so ill as not to be able to travel, or to be kept out of the way by means of the procurement. No. 160. The Governor-General may make rules to be observed on the execution of a judgment of death, for the purposes, of guarding against any abuse in such execution and giving greater solemnity to the same, and of making known without the prison walls that such execution is taking and has taken place. Pursuant to section 120 of the Sierra Leone Constitution, 1978, sets forth rules of procedure for the Supreme Court of Sierra Leone, including special leaves to appeal, hearings, criminal appeals, civil appeals, judgements and orders, and jurisdiction. 245. accused " means a person charged with a crime but does not include a defendant; " child " means a person under the age of fourteen years; " committed for trial " used in relation to any person, means committed to prison with a. view to his being tried before the Supreme Court and includes a person who is admitted to bail upon a recognisance to appear and take his trial before the said Court; " corporation " includes a statutory corporation as defined in subsection (9) of section 32 of the Constitution, a company formed and registered under the Companies Act or the Companies Act, 1924, and any Company to which Part IX of the Companies Act applies; " Court " means any Court of criminal jurisdiction established by law in Sierra Leone other than a Local Court in the Provinces administered under the Local Courts Act; " defendant " means a person charged with a summary offence and appearing before a Magistrate in answer to a summons; "indictment " means a document containing the charge against the accused signed by a Law Officer and every indictment purporting to have been signed as aforesaid shall be Presumed to be so signed until the contrary is shown; " information " means a document containing the charge or charges against the accused or the defendant and signed by the prosecutor and includes an indictment; " inquiry" includes preliminary investigation; " Judge " means a judge of the Supreme Court; " Law Officer " means the Attorney-General, the Solicitor-General, the First Parliamentary Counsel and every other Crown Counsel or Parliamentary Counsel; "Minister" means the Minister charged, for the time being with responsibility for matters relating to Social Welfare; "prosecutor" includes complaint and means a person who gives information or causes information to be given on his behalf against the accused or the defendant and who intentionally associates himself with the prosecution of however, that the mere signing of an indictment orsheet by a law officer or other person authorised that behalf by. 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. (1) Every information or indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge. i. (4)If the accused person who had not appeared as aforesaid is charged with felony, or if the Court in its discretion refrains from convicting the defendant in his absence, the Court shall issue a warrant for the arrest of the accused, and cause him to be brought before the Court. 49. Defence of lunacy at preliminary investigation. (1) If on any trial for any of the offences mentioned in sections 25, 26, 27 and 28 of the Larceny Act, 1916, the facts proved in evidence authorize the conviction for some other of the said offences and not the offence wherewith the accused or defendant is charged, he may be found guilty of the said other offence and thereupon he shall be punished as if he had been convicted on information or an indictment charging him with such offence, except that no person shall be convicted under this subsection of an offence, the maximum punishment for which is greater than that prescribed for the offence charged. 101. For the purposes of sections 86 to 90. 0000003076 00000 n 10 Local Courts Act 2011 No. Statements as to wages to be evidence. 156. 22 of 1961. 204. Subsection (4) of section 42 of the principal Act is hereby repealed. Court may direct security to be taken. A. 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. xYlCaj0_ZqsC( OU*IyM/^OT@:qxKsbIS :EApc4N( The Magistrate's Court shall, on committing the accused person for trial, inform him of his right to require the attendance at the trial of any such witness as aforesaid, and of the steps which he must take for the purpose of enforcing such attendance. 176. 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. 174. 179. In Sierra Leone , the right to bail in criminal proceedings is guaranteed under Admission to Bail in the Criminal Procedure Act of 1965. 182. B., Arson contrary to section 3 of the Malicious Damage Act, 1861 C.D., accessory before the fact to same offence. means of an advertisement inserted by them, the said A. Search of place entered by person sought to be arrested. accused or the defendant, or shall be read or said to the accused or the defendant, shall be construed as a requirement that this things shall be done in the presence of the representative or reach or said to the representative. newspaper, falsely representing that A. Diplomatic and consular representatives and all salaried functionaries of Commonwealth and foreign Governments; ix. 35. PART V - SPECIAL TRIALS TRIAL OF CORPORATIONS. Your are not obliged to say. Challenge to the array, Peremptory challenges. Subject to the provisions of sections 136 and 137, an indictment charging any person with an offence triable before the Supreme Court, may be preferred by any person before a Court in which the person charged may be lawfully indicted for that offence, and where an indictment has been so preferred, a Law Officer shall, unless the accused has been acquitted and discharged under the provisions of section 131, sign the indictment and it shall thereupon be proceeded with accordingly: a. Having, heard the evidence do you wish to say anything in answer to the charge (or charges)? a.order that the property or part thereof be restored to the person who appears to it to be the owner thereof, either on payment or without payment by the owner to the person in whose possession such property or a part thereof then is, of any sum named in such order; b.make an assessment as to the value of such property at the time it was so stolen or otherwise obtained as aforesaid and order that the sum so assessed be paid by the person convicted to the person who appears to it to be the owner of the property. It does not, though, regulate the use of force by the Sierra Leone Police Force beyond the provision in Section 16(2) cited above. 348 0 obj << /Linearized 1 /O 351 /H [ 1624 268 ] /L 138060 /E 100465 /N 2 /T 130981 >> endobj xref 348 40 0000000016 00000 n 79. (3)In this section the expression "superintendent" includes the Medical Superintendent of a mental hospital. WHEREAS..of.has bound himself by recognisance to. (4)Where a representative does not appear, any such requirement, and any requirement that the consent of the accused shall be obtained for summary trial, shall not apply. 98. Internacionales CompetenCia en el merCado global 8e Negocios Internacionales CompetenCia en el merCado global. 8e Negocios. 199. Freetown, Sierra Leone THE INITIATIVES AND PRACTICES OF SIERRA LEONE'S PREVENTIVE ANTI-CORRUPTION BODIES AS PER ARTICLE 6 OF THE UNCAC 1. 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. he, the said A. If a Sessions shall be held at any place for which a jurors' list may not have been prepared under this Act, the Sheriff may prepare a temporary jurors' list for the purposes of such sessions, and all the provisions of this Act shall, as far as applicable, apply in the case of the persons whose names are entered, whether as common jurors or as special jurors upon such temporary list. (3)Such constable as aforesaid shall enter in a book, kept for that purpose in every police station in the Western Area and lock-up in the Provinces, the name, residence and occupation of the person entering into recognisance, and of his surety or sureties, if any, with the condition of the recognisance, and the sums deposited or acknowledged. (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. 124. 187. (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. b)by the insertion immediately after the word "of' in the third line of subsection (3) thereof of the words "not more than". 227. The Native Administrative court, also known as local court of Sierra Leone, derives its authority from the Local Courts Act, 1963; the Courts Act, 1965 and Section 170 of the 1991 Constitution of Sierra Leone which deals with the laws of Sierra Leone. 52. At the conclusion of the evidence for the defence counsel for the accused may address the Court and counsel for the prosecution may reply. (6)where an information or indictment contains more than one count, the counts shall be numbered consecutively. The Court shall inform every person condemned to death of the period within which, if he desires to appeal, his notice of appeal or of his application for leave to appeal must be given. (1) Where upon the arrest of a person charged with an offence any property is taken from him, the Court before which he is charged may order that the property or a part thereof be restored to the person who appears to the Court to be entitled thereto. 217. (b) it shall be sufficient if only the words of the section of the enactment creating the offence are set out in the particulars of the offence. Trial of children and young persons. command the said A. 69. CXLV, No. 57. The Court before asking the accused in pursuance of section 6 of the Courts Act, 1965, whether he consents to the case being heard and finally determined summarily, shall explain to him the difference between the case being dealt with summarily and in the usual course. Where such statement relates to an offence for which any person is then or subsequently committed for trial, it shall be transmitted to the Court in which such person is to be tried, and a copy thereof shall be transmitted to the Attorney-General. 2. Notices to be given in certain cases. 56. (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. Though the be informed of his right to bail in the criminal Procedure Act 1965! Mercado global 8e Negocios internacionales CompetenCia en el merCado global of prosecutor or witness ) of 42.: and there upon without delay the Queen at the instance of C.D, on theday the. 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