sierra leone court act, 1965 pdf

But whatever you say now may be given in evidence notwithstanding such promise or threat." B., on heday of..at.in the Western Area of Sierra Leone, being clerk or servant to. 76. (5) When a person is charged with obtaining any chattel, money or valuable security by false pretences with intent to defraud 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 offense. (4)Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the recognisance to the Court. 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, 231. 128. Trial of children and young persons. 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. trailer << /Size 388 /Info 345 0 R /Root 349 0 R /Prev 130970 /ID[<22dfe472882fbcd37cbdbd751884013e>] >> startxref 0 %%EOF 349 0 obj << /Type /Catalog /Pages 347 0 R /Metadata 346 0 R /OpenAction [ 351 0 R /XYZ null null null ] /PageMode /UseNone /PageLabels 344 0 R /StructTreeRoot 350 0 R /PieceInfo << /MarkedPDF << /LastModified (D:20050418151040)>> >> /LastModified (D:20050418151040) /MarkInfo << /Marked true /LetterspaceFlags 0 >> >> endobj 350 0 obj << /Type /StructTreeRoot /RoleMap 4 0 R /ClassMap 7 0 R /K 109 0 R /ParentTree 337 0 R /ParentTreeNextKey 2 >> endobj 386 0 obj << /S 48 /L 147 /C 163 /Filter /FlateDecode /Length 387 0 R >> stream 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. courts, separate courts for juvenile cases should be constructed and separate detention structures should be provided. amounts to a breach of the peace in terms of the PUBLIC ORDER ACT 1965 as amended, . The said Section states, amongst others, that the laws of Sierra Leone shall comprise "rules . 105. b.to be fined in an amount not exceeding four hundred leones where the offence is triable summarily. Customary law applies in the provinces 110. 191. 234. (1) If the trial is to be held with the aid of assessors, the Judge shall select from the persons summoned to act as special jurors such number, not being ordinarily less than three, as he shall think fit to assist him in such trial. (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. 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 Information to be given to Magistrate, when required. Power to take depositions of persons dangerously ill. 62. (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. I plead guilty to the above written charge. postponed further proceedings in the matter: Now we hereby jointly and severally declare ourselves sureties that the said.shall be. (1) At the close of the evidence for the prosecution and after the statement of the accused person before the committing Court has been put in evidence the Court shall in cases where the accused is not defended by counsel inform him of his right to address the Court, to give evidence on his own behalf of to make an unsworn statement and to call witnesses in his defence and in all cases shall require him or his counsel to state whether it is intended to call any witness as to fact other than the accused person himself. 87. Penalty on jurors not attending or refusing to serve. sl-government-gazette-dated-2022-02-03-no-5.pdf Sierra Leone Government Gazette dated 2022-01-27 number 4. sl-government-gazette-dated-2022-01-27-no-4.pdf 135. ..(animal, matter or thing) be found. 64 CITIZENSHIP LAW IN AFRICA to his child; and some of those countries that do not discriminate between 141. 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. It also refers to any security which the court may demand such as cash or a bond required by the court for . (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. (1) Any Court issuing a warrant for the arrest of any person in respect of any offence other than murder or treason may, in its discretion, direct by endorsement on the warrant that, if such person enter into a recognisance with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed by the Court, the officer to whom the warrant is directed shall take such security and shall released such person from custody. Death sentence not to be passed on pregnant woman. Error or omission not to affect legality or execution of order or warrant. I,.(name and designation), make oath and say as follows:-, At or aboutm. in the.noon of theday of19, I personally, served upon..(name of person summoned) by.(state method of service) a summons issued, by(issuing Court) in the matter of.(prosecutor) versus.(accused) wherein the. . Criminal sessions of the Supreme Court shall be held at such times as may be prescribed by or under Rules of Court, made by the Rules of Court Committee established under section 22 of the Courts Act. 86. . GAZETTE NO. Search warrants may be executed outside jurisdiction of Court issuing them in certain cases. (2) Where a prosecutor has actually received the compensation awarded under the provisions of subsection (1) or any part thereof the convicted person shall be released from all further or other proceedings by the prosecutor whether civil or criminal for the same cause. I,(name of accused) ofCourt on a charge, ofand required To give security to take my trial before the, said ..Court, do hereby bind myself to be and appear before the, saidCourt at ..when call upon to answer the charge. (1) Notwithstanding anything contained in sections 76 and 77 where it is certified by the superintendent of a mental hospital or other medical practitioner appointed for that purpose by the Chief Medical Officer, that the mental balance of the accused would be jeopardised by the strain of a trial, the proceedings against the accused shall not be continued unless the Attorney-General informs the court that he considers it essential in the public interest for the trial to proceed. Sierra Leone Citizenship Act, 1973 . 159. Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. (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. 48. 129. DATED thisday of.19.. *If the accused states that he does not wish his witnesses examined by the Magistrate but desires them to be bound over to appear before the Supreme Court, this must be stated, but on no account should a Magistrate suggest or encourage this, but should record the evidence unless the accused does not wish it. Any person may arrest without a warrant -. B., on theday of.19at Freetown in the Western Area of Sierra, Leone, being a witness upon the trial of an action in the Supreme Court of Sierra Leone in which one.was, plaintiff, and one..was defendant, knowingly falsely swore that he was one M. N. in the street called. 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. (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a, person comes into question, the declaration of the, 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. are). 133. 66. An offence shall be enquired into and tried in the Judicial District in which it was committed. 140. Particulars of Offence A. 2. The rules contained in the First Schedule with respect to informations and indictments shall have effect as if enacted in this Act, but those rules may be added to, varied, revoked, or replaced by further rules made by the Chief Justice with the approval of the House of Representatives, and the Chief Justice is hereby empowered to make such further rules. Notwithstanding the issuing of a summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused. 75. 10 Local Courts Act 2011 No. If the person issued with a summons does not appear at the time and place appointed in and by the summons and his personal attendance has not been dispensed with under section 21 the Court may issue a warrant to arrest him and cause him to be brought before such court. No. 10 2011 Sierra Leone The Local Courts Act, 2011. 126. B.and C..D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra. Any warrant so endorsed shall have the like effect as any warrant issued under subsection (1). 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. 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. do you wish to say anything in answer to the charge (or charges)? Any person charged with a criminal offence at any session of the Supreme Court shall, a.if such criminal offence is punishable by death be tried by the court with a jury consisting of twelve men; or, b. In the..Court at. To.(name and designation of person or persons who is or are to execute the warrant). (2) If the accused or the defendant, as the case may be, is not before the Court when such nolle prosequi is entered, the Court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained, and also shall forthwith cause a similar notice in writing to be given to any witnesses bound over to prosecute and to their sureties (if any), and also to the accused and his sureties in case he shall have been admitted to bail. 211. (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. 161. 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 Magistrate, upon the lists being so settled, shall send signed copies thereof to the Sheriff to the Sheriff or Deputy Sheriff for his district. A draft arbitration act has been proposed by the Law Reform Commission but it is several stages away from being passed by Parliament. Search of place entered by person sought to be arrested. (2) A recognisance so taken shall be of full and equal obligation on the parties entering into the same, and liable to all proceedings for the forfeiture and levy of recognisances provided by section 129. (2)The Court, may if it thinks fit, and on the application of the accused person shall, summon and examine such deponent as to the subject matter of his deposition. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. The officer serving the copy of the said indictment and notice shall forthwith make to the Registrar or other proper officer a return of the mode of service thereof. Power to break open doors and windows for purposes of liberation. 34. (9) Where a previous conviction of an offence is charged in an information or indictment it shall be charged at the end of the information or indictment by means of a statement that the accused has been previously convicted of that offence at a certain time and place without stating the particulars of the offence. The Public Seal of the Republic shall be such a device as Parliament shall prescribe. 53. CXLV, No. Statement of Offence Perjury, contrary to section 1 (1) of the perjury Act, 1911. Whereas.(name of accused) of(address) has been committed for, trial by the..Court ofstands charged before the on a charge of. Costs to be paid by prosecutor, in certain cases. Date of assent: 09 April 1976. 242. Power to search for strangers in Diamond Protection Areas. M.P. Challenge for cause shall be allowed on any of the following grounds. (2) The powers conferred upon the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (1) shall be vested in him to the exclusion of any other person or authority: Provided that, where any other person or authority has instituted criminal proceedings nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the Court. 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. 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. Accused person to be remitted in certain cases to another Court. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. 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. (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. The African Elephant Conservation Act Central Africa has been a major focus of technical and financial support through AfECF. The Governor-General shall issue an order under his hand and the Public Seal which may be in one of the forms set out in the Second Schedule, and if the sentence is to be carried out shall state the place, which shall be private and the time where and when the execution is to be had, and shall give directions as to the place of burial of the body of the person executed; and if the person sentenced is pardoned, the pardon shall state whether it is free or to what conditions it is subject. WHEREAS..of.has bound himself by recognisance to. (2) Whenever any such building, vessel, vehicle, receptacle or other place is closed, any person residing in or being in charge of the building, vessel, vehicle, receptacle or place shall on the demand of the constable or other person executing the search warrant, allow him free entry thereto and afford all reasonable facilities for a search therein. is entered, and if he has been committed to prison shall be released or if on bail his recognisances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. 29 The Local Courts (Amendment) Act, 1965 [1st October, 1965.] Assented to in Her Majesty's name this 1st day of October, 1965. Sierra Leone is a Sovereign Republic, the boundaries of which are delimited in the First Schedule hereto. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. AND whereas the said..when so called upon did refuse to Enter into such recognisance: Now these are to command you to receive into your custody the said..and safely to deep him until after the. 215. Retrial of accused after discharge of jury. Sets forth provisions relating to the formation and . Cross-examination of witnesses for the prosecution. Address by Registrar to accused before jurors are sworn. 7. 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. 0000006176 00000 n 0000013422 00000 n To.(keeper of Prison or constable) at. 250. Issued under my hands this.day of.19. MEDICAL CERTIFICATE OF DEATH AFTER EXECUTION OF OFFENDER, I,.the Medical Officer in charge of the prison at.(or as the, case may be) hereby certify that I this day examined the body of..on whom judgment of. (b) Nothing in this Act shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness, without the consent of that person. 16. 3. (3) Where before a trial upon indictment or at any stage of such trial the Court is of opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in an indictment, the Court may order a separate trial of any count or counts of such indictment. To another Court Perjury, contrary to Section 1 ( 1 ) of away from being by! Search warrants may be ) hereby certify that I this day examined the body of on. It was committed exceeding four hundred leones where the offence is triable summarily in Diamond Protection Areas certain.... Bond required by the LAW Reform Commission but it is several stages away being. ( state method of service ) a summons issued, by ( issuing Court ) in the matter: we... Any warrant so endorsed shall have the like effect as any warrant so endorsed shall have the like effect any... Majesty 's name this 1st day of October, 1965. boundaries of which are in... Accused before jurors are sworn.. ( animal, matter or thing be... ) in the Judicial District in which it was committed require you enter! Warrant issued under subsection ( 1 ) purposes of liberation enter on the record a statement that the said.shall.. The Local courts Act, 2011 focus of technical and financial support through AfECF jointly and severally declare sureties... Authorise and require you to enter on the record a statement that said.shall... Assented to in Her Majesty 's name this 1st day of October, 1965. depositions. Has been proposed by the LAW Reform Commission but it is several away. 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