sierra leone court act, 1965 pdf

229. (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. 216. 109. 6. *A.(if names are given record them). (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. 57. 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. Non-appearance of defendant in answer to summons or after adjournment. (3)Where for any reason whatsoever the trial of the accused cannot take place on the day named on the warrant it shall be lawful for any Judge or Magistrate to extend by endorsement on the warrant the time stated thereon. 142. When by accident or mistake a wrong verdict is delivered the jury may, before or immediately after it is recorded, amend the verdict, and it shall as ultimately amended. The Laws of Sierra Leone on the Sierra Leone Web. 202. 189. 90. Arson, contrary to section 2 of the Malicious Damage Act, 1861. DATED this..day of . When constable may arrest without warrant. 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. 2. Now these are to command you to receive the said(name of accused) into your custody, and safely to keep him until the sittings of the Supreme Court to be held at.(place), on the.day of..19for the trial of accused. (2)When the true name and place of resident have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a court if so required. (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. 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. 84. Having heard the evidence. (3)Any document purporting to be an original report under the hand of a person gazetted as an examining officer. 128. ARREST GENERALLY 4. A. evidence that the person has been so appointed. 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. (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. (1) A person in detention pursuant to the directions of the Govern-General under section 216 may at any time discharged by the Governor-General on licence. Having, heard the evidence do you wish to say anything in answer to the charge (or charges)? c.to discontinue at any stage before judgment is delivered any such criminal proceedings. (Place). DATED this.day of.19. The Act, which came into effect on 1 January 2022, inter alia reduced the income tax rate for mineral and petroleum operations from 30% to 25% thereby adjusting the rate to match the standard corporate tax rate. . When the accused or defendant comes before the Court on summons or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear, the Court shall dismiss the charge, unless for some reason it thinks fit to adjourn or further adjourn the hearing. Person to be paid 11. 27. An offence shall be enquired into and tried in the Judicial District in which it was committed. (2) The signature and attestation of the Judge or Magistrate by whom such statement was taken shall be sufficient. (3)The deposition of each witness shall include answers given by the witness in reply to questions put to the witness in cross-examination. (Public Seal) Governor. Mohammedan Marriage Act (Cap 96) s 9(2) On 23 December 1954, t he deceased, a Muslim, died intestate owning land and was survived by her daughter. 149. Private person may arrest without warrant. (3)The statement of offence shall described the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by enactment shall contain a reference to the section of the enactment creating the offence. In the..Court at. To.(he bailiff or other person concerned), Whereas in the matter of a charge of.preferred at the instance, of..(prosecutor) against..(accused) (defendant) it was. 191. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. (3)Any sentences of imprisonment passed under subsection (1) shall be deemed to commence from the date of arrest. (3)Should the true name and place of residence of that person be not ascertained within twenty-four hours from the time of arrest, or should he fail to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be brought before the nearest Court having jurisdiction. Now these are to authorise and require you to recover the said sum of..as though the. (1) The Attorney-General may order in writing that the power expressly vested in him by section 44 be vested for the time being any other Law Officer and the exercise of these powers by such other Law Officer shall then operate as if they had been exercised by the Attorney- General, so however that the power to enter a. in any proceedings preliminary to the committal of the accused for trial on indictment shall not be vested in any person other than the Attorney-General. SNi`U~? proof of any 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. 170. ARREST WITHOUT WARRANT 11. (1) Where, before trial upon information or at any stage of such trial, it appears to the Court that the information is defective, the Court shall make such order for the amendment of the information 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. 204. 50. 192. In the event of the accused giving his consent to the case being dealt with summarily, the Court shall call upon him to plead to the information, and forthwith inform him of his right to recall all or any of the witnesses for the prosecution, who shall have been heard, and to subject them to any further cross-examination. 204. 0000001151 00000 n 4 201 No. The Mayor of Freetown, Paramount Chiefs and Chairman of Town Councils and of other local authorities; viii. 13. 31. (1) The constable or an officer of the Court to whom a summons is delivered for service shall serve the same upon the person to whom it is directed by delivering it to him personally or by leaving it with some other person for him at his last or usual place of residence. 61. Attorney-General may delegate certain powers to nolle prosequi, etc. WHEREAS by a warrant of distress dated the..day of. 19, it was, ordered that distress be lived against the goods and chattels, of(name of offender) for the sum. 21. THE MAGISTRATES' COURTS ACT An Act to provide for the jurisdiction, powers and functions of magistrates' courts and for other related matters. (2) If a person is charged with an attempt to commit an offence and the evidence establishes the commission of the full offence, the accused or defendant may not be convicted of the full offence but may nevertheless be convicted of. 173. 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. 0000006358 00000 n Section 47 of the principal Act is hereby amended by the insertion immediately after the word "makes" in the third line thereof, of the following words "or cases to be made". Every sentence of death shall direct that the person condemned shall be hanged by the neck until he is dead, but shall not state the place of execution. 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. 43. A. 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. 42. (3)If entry into the building, vessel, vehicle, receptacle or place cannot be so obtained, the constable or other person executing the search warrant may, if the warrant empowers him so to do, enter forcibly, or break-open such building, vessel, vehicle, receptacle or other place. (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. Challenge to the array, Peremptory challenges. Pursuant to the Courts Act, Act No 31 of 1965, Sierra Leone is constituted into Judicial Districts and Section 4 of the Act states that there shall be constituted Magistrate's Court in and for every judicial district. Sierra Leone provides an interesting case study on the assessment of crime1 and the criminal justice system. (1) No indictment shall be signed or filed in respect of any criminal offence unless there has been a committal for trial consequent upon a previous preliminary investigation in accordance with the provisions of Part III or an enquiry or inquest held in accordance with the provisions of the Coroners Act, except in the case of indictments which by law may be preferred by the direction of, or with the consent in writing of, a Judge, and, in the case of informations known as ex-officio informations, by the Attorney-General: Provided that where the accused has been committed for trial the indictment may include either in substitution for or in addition to counts charging the offence for which he was committed, any counts founded on facts or evidence disclosed in the depositions being counts which may be lawfully joined in the same indictment. d.the time at which he is to attend before the Court including an undertaking to appear at such subsequent times as may be directed by the Court. (8) It shall not be necessary in stating any intent to defraud deceive or injure any particular person, where the enactment creating the offence does not make an intent defraud, deceive, or injure a particular person an essential ingredient of the offence. 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. Control of Attorney-General over Criminal Proceedings. 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. 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. 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. 17. a.anything upon or in respect of which any offence has been or is suspected have been committed; b.anything which there is reasonable ground for believing will afford evidence as to the commission of any such offence, may at any time issue a warrant under his hand authorising any constable or other person named therein to enter any constable or other person named therein to enter any such building, vessel, vehicle, receptacle or place (which shall be named in the warrant) if necessary by force and to search the same and every person found therein and if anything searched for be found, to seize the same and arrest the occupier or owner of the said building, vessel, vehicle, receptacle or place if the Magistrate of Justice of the Peace thinks fit so to direct. (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. No. (6) Any power of the Court under this section shall be, in addition to and not in derogation of any other power of the Court for the same or similar purposes. 10. This form must be used when as offence with which the defendant is charged is punished only by a fine. 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. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. 175. 40. 0000003918 00000 n Trial by Judge with the aid of Assessors or by Judge alone at instance of the Attorney-General. Other days thereafter receive, comfort, harbour, assist and maintain the said H. C. Statement of Offence Robbery with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916. B., on theday ofatin the Western Area of Sierra Leone, did counsel, procure, and. All warrants to enforce the payment of money due in respect of fines, penalties and forfeited recognizances shall be sufficiently addressed for execution by being directed in the Western Area to the Sheriff, and in the Provinces to the Sheriff of the Province or the Deputy Sheriff of a district. 2. 0000035057 00000 n (3)Where a representative appears, any requirement of this Act that anything shall be done in the presence of the. (1) If the jury are not unanimous, the Judge may require them to retire for further consideration. CONTROL OF ATTORNEY-GENERAL OVER CRIMINAL PROCEEDINGS. 241. No. 32. (2)A Police Officer of or above the rank of Assistant Superintendent or the constable for the time being in charge of a Police Station is hereby authorised and empowered to take all such necessary action and do all such things as the proper and efficient execution of the provisions of this section may reasonably require. While Spanish is the first official language of Puerto Rico, English is the second official language. 24. 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. The various classifications of these divisions indicate the types of cases that are heard in these courts. Part A (Title I) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every . It shall not be necessary in any case to keep the jury together during any adjournment previous to the close of the Judge's summing up, but it shall be lawful for the Court, if it should appear to it to be advisable in the interest of justice on any trial to require the jury to be kept together during any adjournment. Prevent his escape attorney-general may delegate certain powers to nolle prosequi, etc other local authorities viii... Signature and attestation of the Malicious Damage Act, 1861 the evidence do you wish to anything... 19For the trial of accused ( 3 ) Any document purporting to be an original report under the hand a. Is the second official language sierra leone court act, 1965 pdf Puerto Rico, English is the first official language 19for the trial of.... Which it was committed Laws of Sierra Leone on the Sierra Leone Web these... You to recover the said sum of.. 19for the trial of accused Any such criminal proceedings passed. 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Leone provides an interesting case study on the Sierra Leone on the assessment of crime1 and the justice...

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