sierra leone court act, 1965 pdf

(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. (1) 4. 216. (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. No person shall be tried before a national court of Sierra Leone for acts for which he or she has already been tried by the Special Court. 223. DATED this.day of.19.. "(I authorise the execution of this warrant at any time. Leone, and that they were then able to supply certain articles of jewelry to whomsoever would remit to them the sum of twenty leones. 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. 128. Attorney-General may delegate certain powers to nolle prosequi, etc. (2)Any Orders, Regulations or other instruments made under the Criminal Procedure Act, hereby repealed, shall remain in force and be deemed to have been made under the corresponding provisions of this Act until such time as the same may be amended, revoked, repealed or replaced by Orders or Regulations made under the provisions of this Act. (Innuendo should be stated where necessary). 21. Error or omission not to affect legality or execution of order or warrant. Arrest, etc., of Member of Parliament or public officer to be reported. b)by the substitution for the words "six months" in lines two and three thereof of the words "one yeaf'. Subsection (1) of section 13 of the principal Act is hereby amended as follows, The proviso to section 16 of the principal Act is hereby amended, 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, Section 29 of the principal Act is hereby amended as follows. Every Magistrate before whom any such recognizance shall be taken shall give a written notice to the person or persons entering into the same specifying the date and place at which his or their personal appearance is required, and the consequences of any failure to fulfill such obligation. Having heard you statement read do you wish to explain or add to it? 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. a)by the insertion immediately after the word "Court" in line one of subsection (5) of the words "in a civil case or matter"; b)by the substitution for the words "if the convicted person (or in a civil case, either of the parties)" in lines one and two of subsection (6) of the words "if in a civil case, either of the parties". The Residual Special Court was established pursuant to an agreement signed between the United Nations and the Government of Sierra Leone on 11 August 2010. 6. Part A (Title I) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every . (2)If the accused is found not guilty, the Judge shall record a judgment of acquittal. (2)The accused shall be entitled to cross-examine the witnesses for the prosecution and shall be information of such right if not represented by a legal practitioner. 90. In default of the amount being recovered by such distress and sale, the recognisors may be imprisoned for any period not exceeding sixty days, but the Court in or before which the condition of any recognizance ought to be performed may cancel or mitigate the forfeiture upon such terms and conditions (if any) as the Court may think just. 212. 244. National Land Commission Act, 2022 (Act 19 of 2022) Arbitration Act, 2022 (Act 18 of 2022) . 117. 247. (2) Every constable acting under this section shall before entering any premises by virtue of subsection (1) deliver or offer to deliver to the owner or occupier a statement in writing signed by him to the effect that he is entering the premises because he has reasonable grounds to believe that there is a stranger thereon. according to law may be dealt with in Sierra Leone, the offence may, subject to the provisions of section 53, be enquired into and tried at any place in Sierra Leone to which the accused person is first brought or to which he may taken thereafter. No commitment for non-payment shall be for a longer period than six months, except where the law under which the conviction has taken place enjoins or allows a longer period. Returns to be made to trial Court and Attorney-General. 180. Subsection (4) of section 42 of the principal Act is hereby repealed. Whenever, in the exercise of any of the duties here inbefore imposed upon the Magistrate, he may consider it expedient so to do, he may call to his aid any Justice or Justices of the Peace having jurisdiction within his district, and such Justice shall thereupon, unless they are prevented from attending by good and sufficient reasons, attend at the time and place named by such Magistrate, and aid and assist him in his duties as aforesaid. By Major (Retired) Dr. Ishmail Pamsm-Conteh Sierra Leone's Parliament on 23 July 2020 amended The Public Order Act of 1965, (the Act No.46 of 1965). In case where any person is so fined in his absence, the Registrar of the Court shall forthwith send him a written notice of the fact, requiring him to pay the fine or to show cause before the Court within four days, for not paying the. In the.Court at. 236. Non-court dispute resolution Practice and procedure Family law reform Managing proceedings online Standard orders FPR 2010 fundamental principles and index Non-court dispute resolution Allocation and transfer Service Evidence and disclosure Parts 18 and 19 applications Appeals and judicial review Capacity and vulnerable parties (1) When in the course of a trial of preliminary investigation (but not an inquest) the Court has reason to believe that the accused or the defendant is of unsound mind and consequently unable to make his defence, it shall order the accused to be confined in a mental hospital for a period of thirty days for observation. Costs to be paid by prosecutor, in certain cases. 2. The Governor-General may at any time exempt and exclude by public notice any Judicial Districts from returning jurors. Revisin tcnica: Gil Armando Snchez Soto Universidad Iberoamericana Gerardo Luvano Rodrguez Universidad Regiomontana Instituto Tecnolgico de Nuevo Len . Whenever a Magistrate's Court issues a summons in respect of any offence other than a felony, it may if it sees reason to do so, and shall when the offence with which the defendant is charged is punishable only by a fine or by imprisonment not exceeding three months (whether with or without a fine) dispense with the personal attendance of the defendant, provided that he pleads guilty in writing or is represented by a legal practitioner. (1) A corporation that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as the punishment for that offence, or where no fine is Prescribed, a.to be fined in an amount that is in the discretion of the Court where the offence is triable on indictment; or. The formal legal system consists of the common law, statutes and the Constitution. (1) Any document purporting to be an original report under the hand of any public officer who is a medical practitioner, dental surgeon, analyst, chemical examiner or geologist, or of any assayer or mineralogist recognized by the Minister of Mines for the purposes of this section by notification published in the Gazette, upon any substance or thing submitted to him for examination or analysis and report, may, if it is directed to the court or is produced by any constable to whom it is directed or someone acting on his behalf, be used as evidence of the facts therein stated in any enquiry, trial or other proceeding under this Act. 38. The Sheriff shall keep such lists amongst the records of his office and shall also, at every sitting of the Supreme Court, have there a fair copy of such lists for the then current year for the inspection of any person whose name is borne on the said lists, or by any public officer, or by any legal practitioner in actual practice. 70. THE COMPANIES ACT, 2009 (ACT NO. 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. 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. Any person may arrest without a warrant -. (1) The statement of the accused duly recorded by or before the committing Court and whether signed by the accused or not, may be given in evidence without further proof thereof by the prosecution unless it is proved that the Magistrate purporting to sign it did not in fact sign it. 70. Enforcement of warrants outside jurisdiction. 55. 193. Trial by Judge with the aid of Assessors or by Judge alone at instance of the Attorney-General. 59. (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. 144. Note: Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. Restitution of property stolen or its value. he has given evidence against any other person charged with the same offence. 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. (1) In this Part the expression "representative" in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing by which the representative of a corporation is by this Part authorised to do, but a person so appointed shall not by virtue only of being so appointed, be qualified to act on behalf of the corporation before any Court for any other purpose. Any person charged with a criminal offence not punishable by death may at the time of being committed or referred fir trial by the Supreme Court, or at any time thereafter up to two clear days at least before the trial of such person, elect to be tried by a Judge alone and if any person so elects he shall be tried by a Judge alone instead of being tried by a Judge and Jury and in every such trial by a Judge alone, the Judge shall record in writing his decisions and reasons therefore. But whatever you say now may be given in evidence notwithstanding such promise or threat." 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. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. 159. (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. 245. Divided into 7 parts. When a Magistrate's Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall send the same to the Magistrate's Court having jurisdiction in that place, and such Court shall cause the said summons to be served and shall send an affidavit of service to the issuing Court, which affidavit shall be evidence of service and the person effecting service shall not ordinarily be required to attend and give evidence as to service. PART I - GENERAL PROVISIONS PROCEDURE 3. (4) ) If a constable is assaulted or obstructed when making any arrest, it shall be the duty of any private person, on whom he may call for aid, to go to his assistance. Jurors resident more than five miles from the place where the session is being held shall be excused by the Court from serving on the ground of ill-health upon the testimony of two jurors. *In case of notice to the prosecutor these words should be struck out. THE COURTS (AMENDMENT) ACT. Every person charged with an offence, and the wife or husband, as the case may be, of the person so charged, shall be a competent witness for the defence at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person: a. In the Court at. To..(person or persons who is or are to execute the warrant). 0000091824 00000 n Provided that the findings of a majority of not less than two-thirds of the jury may in respect of an offence which is not punishable by death, be held, taken to be, and received by the Court as the verdict of the whole jury. Condemned person to be informed of his right to appeal. 185. Search of place entered by person sought to be arrested. The Laws of Sierra Leone on the Sierra Leone Web The Local Courts (Amendment) Act, 1965 ASSENTED to in Her Majesty's name this 1st day of October, 1965. (1) When, in a trial by jury, the case on both sides is closed the Judge shall sum up the law and evidence in the case. The Criminal Procedure Acts The Goverment of Sierra Leone Information, Sierra Leone Web, Sierra Leone PDF. In the.Court at. PART I - PRELIMINARY . Application 2. (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. Proof of service outside local limits of jurisdiction. 4, pp. 66. . 145. 159. (4)For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved, for the purposes of any such proceedings, to any other court shall be deemed part of those proceedings. 12. The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient. If any person acting under a warrant of arrest, or any constable having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of such place, shall on demand of the person so acting or such constable, allow him free entry thereto and afford all reasonable facilities for a search therein. 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. If at the time and place for the hearing of the case, both the accused or defendant and the prosecutor appear before the Court, it shall proceed to hear and finally determine the charge. CERTIFICATE AND WARRANT UNDER SECTION 129, CRIMINAL PROCEDURE ACT, 1965. 134. Person arrested to be handed over to constable. (2) An adjournment ordered for any reason shall be made to a certain time and place appointed, and stated at the time of adjournment in the presence and hearing of the parties. 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 . Last amendment included here is the Sierra Leone Citizenship (Amendment) Act, 1976, which entered into force on 26 August 1976. Bin Rafaah v Precious Minerals Marketing Company (Sierra Leone) Limited (CIV APP 1 of 1999) [1998] SLCA 2 (23 October . (a) The wife or husband of a person charged with an offence under sections 48 to 55 of the Offences against the Person Act, 1861, may be called as a witness either for the prosecution or defence and without the consent of the person charged. (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. (1) The provisions of section 145 shall not deprive a person of his rights under section 144 to change his election and a person who has elected to be tried by a Judge alone may afterwards elect to be tried by the Court with aid of assessors if he changes his election before the time allowed by that section has expired, otherwise his change of election shall have no effect; and in the case of persons who are charged jointly, if they have all elected in accordance with section 145 to be tried by a Judge alone, they shall be so tried unless they all change their election in accordance with this section. (4) When a person is charged with stealing and it is proved that he obtained the chattel, money or valuable security in question in any such manner as would amount under the provisions of the Larceny Act, 1916, to obtaining it by false pretences with intent to defraud, he may be convicted of obtaining it by false pretences although he was not charged with that offence. 0000003918 00000 n 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. 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. Penalty on jurors not attending or refusing to serve. In cases where the right of reply depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply. When there is a conflict of evidence, the Court shall consider the evidence to be sufficient to put the accused on his trial if the evidence against him is such as, if uncontradicted, would raise a probable presumption of his guilt, notwithstanding that it is contradicted in material points by evidence in favour of the accused, unless the Court, for reasons recorded on the minutes, shall see fit to deviate from this provision. (3) Such person may pay or tender to the officer having the execution of the warrant the sum therein mentioned together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon the officer shall cease to execute the same. Treason and other related offences under the Treason and State Offences Act 1963 3. Country/Territory Sierra Leone Document type Legislation Date 1965 Source FAO, FAOLEX Subject Agricultural & rural development, Land & soil Keyword Agricultural development Institution Court/tribunal Legal proceedings/administrative proceedings Access-to-justice Geographical area It also refers to any security which the court may demand such as cash or a bond required by the court for . 235. 206. 135. While Spanish is the first official language of Puerto Rico, English is the second official language. the said..shall be forthwith set a liberty. (3) For the purposes of this section the expression "sessions" does not include any sessions designated by the Chief Justice as a special sessions. a.presumed or actual partiality or prejudice in the juror as standing in the relation of husband, master or servant, landlord or tenant to the person accused or to the person supposed to have been injured or affected by the act complained of, or to the person on whose complaint the prosecution was instituted; being in the employment of either of such person; being plaintiff or defendant against either of such persons; in any civil suit, or having complained against or having been accused by either of such persons in any criminal prosecution, or entertaining prejudiced views on the case to be tried; b.some personal cause as infancy, old age, deafness, blindness, infirmity or ill-health; c.that the juror has been convicted of perjury or other offence, disqualifying him from acting as a juror; d. that the juror does not understand the English language, but this shall not be a ground of disqualification, if the juror understands the usual language of the place where trial is held, unless the Court shall think fit so to order. (1) At the close of the evidence in support of the charge if it appears to the Court that the case is made out against the accused or the defendant sufficiently to require him to make a defence the Court shall ask him if he wishes to say anything in answer to the charge, or has any witnesses to examine or other evidence to adduce in his defence, and the Court shall then hear the accused or the defendant and his witnesses and other evidence, if any. 6. 179. 140. Image. (2) It shall not be necessary, in any count charging an offence constituted by an enactment, to negative any exception. the offence may enquired into and tried in any one of such Districts. 130. No. d.Nothing in this Act shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage. When the Court orders money to be paid by a person convicted upon summary conviction for a fine or penalty, and. (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. (2) The signature and attestation of the Judge or Magistrate by whom such statement was taken shall be sufficient prima facie 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. (2) Except with the leave of the Court, no person other than a juror shall speak to or hold any communication with any member of the jury while the jury are considering their verdict. 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. [1st July, 1984] [G.N. 213. Conduct and precedence of prosecutions. are). 133. (2) In the case of persons who are charged jointly, if one or more (but not all) have elected in accordance with section 144 to be tried by the Court with the aid of assessors, he or they may withdraw that election and elect to be tried by a Judge alone provided this change of election is made before the time allowed by section 145 has expired, otherwise the change of election shall have no effect. The Laws of Sierra Leone on the Sierra Leone Web. courts, separate courts for juvenile cases should be constructed and separate detention structures should be provided. 0000035343 00000 n 60. (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. 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. Share on Facebook. 201. Death sentence not to be passed on persons under eighteen years of age. of: AND WHEREAS it has been reported to me that there are no sufficient goods and chattels of the, said..to satisfy the said sum and the expenses of such. (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. Conviction of manslaughter on charge of murder. A draft arbitration act has been proposed by the Law Reform Commission but it is several stages away from being passed by Parliament. EIGHTH EDITION. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of the same, as follows:, 1. 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. The Magistrate shall have power and authority to summon persons to give on oath their full names, occupations, places of residence, and true answer relating to their qualifications as jurors when required for the purposes of this Act, and to commit to prison any person refusing to take an oath or affirmation, or to give evidence as aforesaid, and to order any persons to be taken into custody who shall willfully insult or interrupt the Magistrate, or otherwise misbehave and to commit every such offender to prison for a period not exceeding seven days. Customary law applies in the provinces relating to the condition of any motor vehicle or trailer, may, if it is directed to the Court or produced by any constable to whom it is addressed or by someone acting on his behalf, be admitted as evidence of the facts therein stated in any preliminary investigation or trial before a Magistrate's Court. A warrant shall remain in force until cancelled or executed. Holders of such other offices in the public service that the Governor-General, may from time to time require to be exempted. (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 nolle prosequi 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. iv. 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. the formal part) of the information or indictment and conviction or acquittal for such offence, purporting to be signed by the officer having the custody of the records of the Court where the offender was convicted or acquitted, or by his deputy, shall, upon proof of the identity of the person convicted or acquitted be sufficient evidence of the said conviction or acquittal without proof of the signature or official character of the person appearing to have signed the same. 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