sierra leone court act, 1965 pdf
Attorney-General may delegate certain powers to nolle prosequi, etc. Powers of Director of Public Prosecutions. (6)Where a corporation is charged with an offence triable on indictment or triable summarily, the corporation may, on arraignment before the Supreme Court or on being asked to plead by the Magistrate, as the case may be, enter in writing by its representative a plea of guilty or not guilty, and if either the corporation does not appear by a representative or, though it does so appear fails to enter any plea, the Court shall order a plea of not guilty to be entered and the trial shall proceed as though the corporation had duly entered a plea of not guilty. Person to be paid 11. 7. Sierra Leone is a Sovereign Republic, the boundaries of which are delimited in the First Schedule hereto. 0000035136 00000 n 112. b.to be fined in an amount not exceeding four hundred leones where the offence is triable summarily. 168. Act, 1965 Assented to in Her Majesty's name this 8th day of June, 1965. Whereas.(name of accused) of(address) has been committed for, trial by the..Court ofstands charged before the on a charge of. The Registrar or any other person directed by the Court shall endorse on, or annex to, every indictment and, every copy thereof to be delivered to the Sheriff or Deputy Sheriff for service on the accused, a notice of trial, which notice shall be in the following form, or as near thereto as may be. He was called upon to sign it or to append his mark which he did/refused to do. (3) Where in pursuance of this section a criminal lunatic has been discharged conditionally, if any of the conditions of such discharge appear to the Minister to be broken or the conditional discharge is revoked, the Minister may by order direct him to be taken into custody and to be conveyed to some mental hospital, prison or other place of safe custody named in the order, and he may thereupon be taken in like manner as if he had escaped from such mental hospital, prison or other place of such custody, and shall be received and detained therein as if he had been removed thereto in pursuance of the foregoing provisions of this Act. Subsection (1) of section 8 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. The various classifications of these divisions indicate the types of cases that are heard in these courts. WHEREAS.(name of prison) a prisoner now in your custody is required to appear before me to. Nothing in sections 30 and 31 shall authorise any person, other than a Judge, to grant a warrant to search for a document in the custody of the Postal or Telegraph authorities or of any Telegraph Company. (2) Notwithstanding anything contained in section 143, in any case where a person is charged at any sessions of the Supreme Court with a criminal offence not punishable by death the Attorney-General, if he is of the opinion that the general interest of justice would be served thereby, may make an application to the Court for an order, which shall be made as of course, that any such person or persons shall be tried by such Court with the aid of assessors, or by a Judge alone, instead of by a Judge and jury. Nothing contained in sections 143 to 146 shall affect the Court's powers to order separate trials of persons who are jointly charged. 9. 29. (2) Any person who commits on an aircraft operated by or on behalf of a company registered in Sierra Leone, any act which, if committed in Sierra Leone would be an offence shall be guilty of an offence of the same nature, and subject to the same punishment, as if the act had been committed in Sierra Leone. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. Justice of the Peace to assist Magistrate. DATED this..day of. 136. (2) The constable or other person who arrests any person on a charge of an offence against the person of another may cause the person arrested by him to be examined by a medical practitioner: Provided that any person so examined shall have the right to require that such examination shall be made in the presence of his own medical practitioner or of some other person selected by him. 48. Certificate required by section 141, Criminal Procedure Act 1965. (3)All criminal trials in which a plea has been taken at the commencement of this Act shall be inquired into and dealt with in accordance with the provisions of the Acts hereby repealed. THE CRIMINAL PROCEDURE ACTS, 1965 ARRANGEMENT OF SECTIONS Section No. 164. The said Section states, amongst others, that the laws of Sierra Leone shall comprise "rules . (3) For the purposes of this section the expression "sessions" does not include any sessions designated by the Chief Justice as a special sessions. While Spanish is the first official language of Puerto Rico, English is the second official language. The said Order of the Governor-General shall be sufficient authority in law to all persons to whom the same is directed to execute the sentence of death or other punishment awarded, and to carry out the directions therein given in accordance with the terms thereof. Whenever there shall be a deficiency, or when the number of trials before the Court renders the attendance of jurors for the whole of any session oppressive, it shall be lawful for the Court to issue fresh precepts, if necessary, and, subject to all rights of challenge, to put upon the jury as common or special jurors so many men of the bystanders as shall be sufficient to make up to full number thereof, and it shall not be an objection to any such bystander that his name is not upon any jurors' list. 1-56 PDF of Rules. 154. CXLV, No. The Magistrate in charge of each Judicial District shall, between the 1st day of August and the 1st day of November in every year, make lists of the persons resident in each town or place within his district who are, in his opinion, qualified and fit to serve as jurors, setting out the name, occupation and place or resident, and the nature of the qualification of each person and shall, within ten days after the 30th day of November in each year cause true copies of such lists to be posted in some conspicuous place on his Court House, on the police stations and churches and chapels in his district, for the inspection of the public, where they shall be permitted to remain for a period of three weeks, to the end that any persons may apply to him by notice in writing, to have their names either added to or struck off such lists upon cause duly assigned in such notice. Re-opening of preliminary investigations. When statement may be used in evidence. 244. (1) A Court (in this section and section 38 referred to as the Remitting Court) before which any person who is within the local limits of its jurisdiction and is charged with having committed an offence within the local limits of the jurisdiction of another Court is brought, shall unless authorised to proceed in the case, send him in custody to the Court within the local limits of whose jurisdiction the offence was committed, or require him to give security for his surrender to such last-mentioned Court, there to answer the charge and to be dealt with according to law. 0000016227 00000 n Error or omission not to affect legality or execution of order or warrant. Penalty for signing false certificate. Search without a warrant in cases where articles are being conveyed, etc. (1) 4. (2)A count of an information or indictment shall commence with a statement of the offence charged, called the statement of offence. 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. 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. The Court shall, at the time of committing him for trial, inform the accused of his right under this section. 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]. 131. (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. The room or place in which the Court sits to hear and determine the charge shall be an open and public Court, to which the public generally shall have access as far as it can conveniently contain them. 30. A. 137. This Act shall come into operation on such date as the Commencement Prime Minister may by Order appoint: Provided that the Prime Minister may if he deems it expedient either By one Order or by different Orders appoint different dates for the coming into operation of different provisions hereof. Each list so prepared and delivered as aforesaid shall constitute the jurors' list for the district for which the same has been prepared, and shall come into operation on the first day of January in the next following year. death was this day executed in the said prison (or as the case may be), and that on such examination I found that the said.was dead. (3)If a Magistrate's Court imposes a fine on a defendant whose personal attendance has been dispensed with under this section and the fine is not paid within the time prescribed, the court may forthwith issue a summons calling upon the defendant to show cause why he should not be committed to prison. We hereby jointly and severally declare ourselves sureties for the said (name of, accused) that he will attend the..Court on every day of the preliminary, 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. A. 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. (1) ) Every person by pleading generally the plea of "not guilty" shall, without further form, be deemed to have put himself upon his trial, and in any plea of autrefois convict or autrefois acquit it shall be sufficient for any person to state that he has been lawfully convicted or acquitted (acquitted as the case may be) of the said offence charged in the indictment. Persons charged with burglary, etc., may be convicted of kindred offence. command the said A. 97. SUPREME COURT OF SIERRA LEONE, Supreme Court Civil Appeal 2 of 1972, Hon Mr Justice E Livesy Luke CJ, 3 July 19 73 . 178. (3)In this section the expression "superintendent" includes the Medical Superintendent of a mental hospital. CERTIFICATE UNDER SECTION 124, CRIMINAL PROCEDURE ACT, 1965. on theday ofand on divers days between That day andday, ofatin the Western Area Province of Sierra Leone, conspired together with intent to defraud by. (2) If the Court finds that the accused or the defendant is of unsound mind and consequently incapable of making his defence, it shall postpone further proceedings on the case. In Sierra Leone , the right to bail in criminal proceedings is guaranteed under Admission to Bail in the Criminal Procedure Act of 1965. 55. (2) The Minister may by order absolutely discharge any criminal lunatic and may also discharge any criminal lunatic conditionally, that is to say, on such conditions as to the duration of such discharge and otherwise as the Minister may think fit. (3)If the accused person is found guilty, the Judge shall pass sentence on him accordance to law. 208. DATED this.day of. (1) At any time before, or during the course of the trial, the police may, at the request of the accused, deliver to him a copy of a statement taken by them from any person who is either listed in the depositions or in any summary of evidence referred to in section 188 or is actually called as a witness. ..(animal, matter or thing) be found. 119. Subsection (1) of section 26 of the principal Act is hereby amended by the repeal of the Scale of "Fine and Period of Imprisonment" thereunder, and the replacement therefor of the following new scale, Exceeding one leone but not exceeding two leones Exceeding two leones but not exceeding four leones Exceeding four leones but not exceeding ten leones Exceeding ten leones but not exceeding twenty leones Exceeding twenty leones but not exceeding one hundred leones, 8. A mere 10-15% of Sierra Leoneans think the government should tax more, while 47% or rural and 24% of urban people think it should tax less. 56. Power to break open doors and windows for purposes of liberation. 166. 60. Section 5 of the principal Act is hereby amended by the insertion immediately after the word "suspend" in line two thereof of the words, "or revoke the appointment of'. 81. 75. 189. I order that the accused be committed for trial upon, indictment before the Supreme Court atand I further order that the accused be. Local Courts (Amendment) Act, 1965 (No. 150. Priests and ministers of the various religions practiced in Sierra Leone. Last amendment included here is the Sierra Leone Citizenship (Amendment) Act, 1976, which entered into force on 26 August 1976. Governor-General to make decision and communicate the same to the Judge. 249. Rules as to informations and charges. 0000003688 00000 n Courts Act,1965. 169. (2) The persons charged may object to any assessors so appointed and the Court shall refuse to allow any such assessor to sit if the grounds for such objection are substantial and reasonable. the offence of.and I consider it advisable to adjourn the examination into the said charge: Now these are to command you to receive the saidinto your custody and safely to keep him and, produce him before me at.at.m, or theday of, .19and hereafter from time to time as may be notified to you by. 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. Search warrants may be executed outside jurisdiction of Court issuing them in certain cases. A certificate under the hand of the Registrar or other officer of the court, that such sentence has been passed and naming the person condemned, shall be sufficient . But, except with the leave of the Court, the prosecutor shall not in any case be allowed to make any observations by way of reply to the evidence adduced by the accused or the defendant nor, without such leave as aforesaid, shall the accused or the defendant in any case be allowed to make any observations on evidence adduced by the prosecutor in reply. The Globalization of World Politics. 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. 225. Expenses of conveyance to prison .. Holders of such other offices in the public service that the Governor-General, may from time to time require to be exempted. : AND WHEREAS(name of prisoner) was on theday of 19.convicted before the.Court at..of murder and was thereupon by. (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. 45. 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. 50. (1) If on the trial of any person charged with any offence it shall appear upon the evidence that the defendant or accused did not complete the offence charged, but was guilty of attempting to commit the same, or to cause such offence to be committed, such defendant or accused shall not be acquitted, but a verdict may be returned of not guilty of the offence charged, but guilty of an attempt to commit the same, and thereupon the defendant or accused shall be punished as if convicted on an information or indictment for attempting to commit such offence; and no person so tried as herein last mentioned shall be afterwards prosecuted for an attempt to commit the offence for which he was so tried. Robbery with aggravation - Criminal Procedure (Amendment) Act 1973. 193. 28. 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