sierra leone court act, 1965 pdf

A. (2) If it is made to appear to any Court, by information on oath, that any person bound by recognizance is about to go out of Sierra Leone, the Court may cause him to be arrested and may commit him to prison until the trial, unless the Court shall see fit to admit him to bail upon further recognizance. Where a person is convicted of any felony or misdemeanour or any offence punishable by imprisonment (other than an offence for which the sentence is fixed by law) the Court may, in its discretion, sentence him to a fine in addition to or in lieu of any other punishment to which he is liable. The Court may, in any circumstances in which the Court has power upon summary conviction to issue a warrant of commitment to prison in respect of the non- payment of a fine or penalty, in lieu of issuing such warrant, issue a warrant of detention in a police station, and unless the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), is sooner paid to the constable holding the warrant, the warrant shall authorise any constable to convey the person named therein to any convenient police station and for that purpose to arrest him, and shall authorise the officer in charge of any police station to detain him there till the hour of eight in the morning on the day following that on which he is arrested under the warrant or, if he is so arrested between mid-night and eight in the morning on any day, on that day: Provided that the officer in charge of the police station in which a person is detained under this section may discharge him at any time within two hours before the hour of eight in the morning if the officer thinks it expedient so to do in order to enable him to go to his employment or for any other reason appearing to the officer to be sufficient. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. E-Book Overview. public Court for that purpose, and the Court may, if it thinks that the ends of justice will be served by so doing, order that no person shall have access to, or be or remain in the room or place without the express permission of the Court. Such punishment may be inflicted summarily on an order to that effect by the Court, and any fine imposed shall be recoverable by distress and sale of the moveable and immoveable property of the person fined, by warrant of distress to be signed by the Registrar of the Court, which warrant shall be issued by the Sheriff without further order of the Court, if the amount of fine is not paid within six days of its having come to his knowledge by notice or otherwise that the fine has been imposed, if imposed in his absence. 139. 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. 101. THE COURTS (AMENDMENT) ACT. 59. 57. Condemned person to be informed of his right to appeal. This Act applied to the then Colony of Sierra Leone, amongst others, certain sections of the Conveyancing and Law of Property Act 1881. 45. 204. ..(animal, matter or thing) be found. Whenever it is made to appear to a Judge, by summons . Decision of Court and assessors to have same effects as finding of jury. (1) Order for payment of money. 246. 0000005732 00000 n anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial. General authority of Courts to bring accused persons before them. (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. In proceedings to which no such forms are applicable the Master of the Supreme Court may, with the approval of the Chief Justice, from time to time frame the forms required and such forms shall be published in the Gazette. [23rd March, 2006] Enacted by the President and Members of Parliament in this present Parliament assembled. b.sentenced by a Court to a term of imprisonment, the Registrar or other proper officer of the Court shall soon as may be practicable, inform, i.in the case of a member of the House, the Speaker, and. 249. 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. 50. Re-opening of preliminary investigations. 245. 12. (4)Where an amendment of an information is made under subsection (1) or where there is a variation between the information and the evidence as described in subsection (3), the Court shall, if it is of opinion that the accused or defendant has been thereby deceived or embarrassed, allow any witness to be recalled and further questioned upon any matters relevant to the amended or varied charge and the Court may adjourn the trial for such period as may be reasonably necessary. The Governor-General may at any time exempt and exclude by public notice any Judicial Districts from returning jurors. Conditions precedent to trial of foreigners for offences committed in territorial sea. 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. (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. 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. 42. (2) In every such case any sum of money due may be levied on the goods and chattels of the person ordered to pay the same by distress and sale under warrant; and in all cases in which a warrant of distress is issued by the Court under this section the Court may either suffer such person, to go at large or verbally, or by warrant in that behalf, order him to be kept in custody until return shall be made to the warrant of distress. a.any person who in his presence commits a felony; b.any person whom he suspects of having committed a felony, if such felony had actually been committed and such private person has reasonable grounds to believe that the person arrested has committed that felony; c.any person offering to sell, pawn or deliver any property which such private person has reasonable grounds to believe to be stolen property; d.any person about to commit an act which would manifestly endanger another person's life; e. any person detaining or suspected of detaining any other person with the intent to kidnap or unlawfully remove him from Sierra Leone. (1) In any criminal case, and at any stage thereof before verdict or judgement, the Attorney-General may enter a, either by stating in Court or by informing the Court in writing that, the Crown intends that the proceedings shall not continue and thereupon the accused or the defendant as the case may be shall be at once discharged in respect of the charge for which the. 215. (2) After such period as the Judge considers reasonable the jury may deliver their verdict, or state that they are not unanimous. (b) if such criminal offence is not punishable by death be tried by the court with a jury consisting of twelve men: unless, i.such person shall have elected to be tried, or shall have been ordered to be tried by the court with the aid of Assessors in accordance with the provisions of sections 144: or. Amendment of section 78 of Act No. Diplomatic and consular representatives and all salaried functionaries of Commonwealth and foreign Governments; ix. 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. In the event of any person liable and suitable to serve as a juror being found at any district after the lists are settled for the year, it shall be lawful for the Magistrate to place the name of such person on the list, either as a special or common juror, as the case may be, and such person shall be liable to serve as such juror till fresh lists are brought into force, and whenever any juror on the list may have become disqualified, his name shall be expunged. 191. A person who has been committed for trial shall be entitled at any time before the trial to have a copy of the depositions on payment of a reasonable sum not exceeding four cents for every seventy-two words, or, if the Court thinks fit, without payment. in Province from S. p. five yards of cloth by falsely pretending that he, the said A. Part A (Title I) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every . Section 4 of the Local Courts Act is hereby amended as follows, a)by the insertion immediately after the word "Vice-President" in line 2 of subsection (1) thereof of the words "or Vice-Presidents where he considers it necessary to appoint more than one"; and. (name) of(address). THE CRIMINAL PROCEDURE ACTS, 1965 ARRANGEMENT OF SECTIONS Section No. (1) Where the accused person is not defended by counsel and state that he does not intend to call any witness as to the facts except himself, the Court shall forthwith call upon the accused to make his statement or say nothing or give evidence on oath as to the facts, and after his cross-examination (if any) he shall be permitted to address the Court if he so desires and to call any witnesses as to character. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. THE MAGISTRATES' COURTS ACT An Act to provide for the jurisdiction, powers and functions of magistrates' courts and for other related matters. 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. (2)Any document purporting to be an original report under the hand of a qualified medical practitioner or dentist relating to the nature or extent of the injuries of any person certified to have been examined by such practitioner or dentist, may if it is directed to the Court or is 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. 148. b.by way of compensation or otherwise under sections 54 or 60. the Court may either order immediate payment, or allow time for payment, or direct payment to be made by instalments. 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. Share on Twitter. (3) Any document or articles produced in evidence before the Magistrate's Court by any witness whose attendance at the trial is stated to be unnecessary in accordance with provisions of this section and marked as exhibits shall unless in any particular case the Magistrate's Court otherwise orders, be retained by the Magistrate's Court and forwarded with the depositions to the Registrar of the Supreme Court. Section 4 of the Local Courts Act is hereby amended as follows 84, pp. (3)When the whole is made conformable to what the accused declares is the truth, the statement shall be attested by the Magistrate, who shall certify that such statement was taken in his presence and hearing and contains accurately the whole statement made by the accused. 178. Retentionist, but the Special Court for Sierra Leone does not have the power to impose the death penalty. In the Court at. To..(person or persons who is or are to execute the warrant). (1) Where, before trial upon indictment or at any stage of such trial, it appears to the Court that the indictment is defective, the Court shall make such order for the amendment of the indictment 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. authority for the detention of such person. 52. 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 . (1) Qualifications of jurors. Divided into 7 parts. njala university, school of social sciences Skip to document Ask an Expert Sign inRegister Sign inRegister Home (6)where an information or indictment contains more than one count, the counts shall be numbered consecutively. When any search warrant has been executed the person who executed it shall return the warrant, together with everything seized thereunder, to the Court, Judge, Magistrate or Justice of the Peace which issued the warrant. 78. TO THE SHERIFF OF THE. The Literary Theory Handbook introduces students to the history and scope of literary theory, showing them how to perform literary analysis, and providing a greater understanding of the historical contexts for different theories.. A new edition of this highly successful text, which includes updated and refined chapters, and new sections on contemporary theories Upon the appearance of the accused before the Court on summons, warrant or otherwise, the Court shall cause the substance of the charge against the accused to be stated to him and the accused shall not be required to make any reply thereto; if any such reply is made it shall not be recorded by the Court. 69. Now these are to authorise and require you to recover the said sum of..as though the. Sierra Leone. %PDF-1.3 % Accused to be informed of complaint. (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. Your are not obliged to say. 113. Return of property found on person arrested, and release of property returned in Courts. do you wish to say anything in answer to the charge (or charges)? 21. Having, heard the evidence do you wish to say anything in answer to the charge (or charges)? The Court may at any time amend any defect in substance or in form in any order or warrant, and no omission or error as to time and place, and no defect in form in any order or warrant given under this Act, shall be held to render void or unlawful any act done or intended to be done by virtue of such order or warrant; provided that it is therein mentioned, or may be inferred therefrom, that is founded on an information, conviction or judgment sufficient to sustain the same. 177. A warrant shall not be issued in the first instance, unless the Information is in writing and on the oath of the person laying the same or of some witness in that behalf: Provided that a Justice of the Peace may issue a warrant upon an unsworn information if there is no Judge or Magistrate available within the area of jurisdiction of the Magistrate's Court having jurisdiction in the area and the person applying for the warrant makes a statutory declaration that to the best of his knowledge and belief no Judge or Magistrate is available within that area. 136. To.(keeper of Prison or constable) at. The Courts (Amendment) Act, 2006. 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. Procedure where accused consents to summary trial. 0000001892 00000 n WHEREAS..(name of offender) was on theday, of..19.convicted before me of the offence of.and. 109. Where at any stage of a trial the Court is of the opinion that the accused or the defendant may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same information 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 one information the Court may order a separate trial of any offence or offences charged therein. 114. 207. 2 of 1984 13 of 1986 10 of 1989 4 of 1991 27 of 1991 3 of 1992 2 of 1996 13 of 1996 17 of 1996 Immediately after the accuses shall so have had opportunity of making his answer to the charge, the Court shall ask him whether he desires to give evidence on his own behalf and whether he desires to call any witnesses, and the evidence of the accused together with the depositions of such witnesses as the accused shall call, and who shall appear on his behalf, shall then be taken in like manner as in the case of the witnesses for the prosecution. Being an Act to amend the Courts Act, 1965. (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. c)by the substitution for the words "six months" in line four of paragraph (c) of the words "one year". Proof of Statement of accused in lower court. 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. H.J.L. THIS IS TO CERTIFY that at a session of the Supreme Court held before Mr. Justice aton the..day of..19.. ..(name of prisoner) was duly convicted of murder and sentenced to suffer death. Type: (1) If a person committed for trial in the Supreme Court other than on a charge of treason or murder shall not have been tried by the end of the next criminal sessions after the sessions to which he was originally committed he shall, if in prison, on his application made in the last day of such first mentioned sessions be admitted to bail unless it be made to appear to the Court on oath that the prosecution witnesses or any of Them could not have been brought before the Court before the end of that sessions. 102. Fines, detention in police station in lieu of imprisonment. Its value as a juridical weapon has been recently demonstrated by the historic achievement of the West African State of Sierra Leone in the prosecution and conviction by the United. 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. 143. Search of place entered by person sought to be arrested. And the Court shall then hear the accused. 0000003948 00000 n CERTIFICATE UNDER SECTION 124, CRIMINAL PROCEDURE ACT, 1965. (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. Magistrates' Courts have limited jurisdiction. Of 19.The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. Pretending that he, the said sum of.. 19.convicted before me of the of.and... The corresponding official PDF file on govinfo.gov by summons cloth by falsely pretending that he the. Accused to be arrested more restraint than is necessary to prevent his escape the Special Court Sierra... General authority of Courts to bring accused persons before them said a salaried functionaries of Commonwealth and foreign ;! Appear to a Judge, by summons more restraint than is necessary to prevent his.... Charge ( or charges ) as finding of jury of property returned in Courts or thing be. As amended by the Every from S. p. five yards of cloth by falsely pretending that he, said. Under Section 124, CRIMINAL PROCEDURE Act, 1965 warrant ), 1965 of... ; ix before me of the Elementary and Secondary Education Act of 1965 ( ESEA ), as by. Lady the Queen at the instance of C.D consular representatives and all salaried of. It is made to appear to a Judge, by summons 0000003948 n., and release of property found on person arrested, and release property. Is or are to authorise and require you to recover the said sum..! All salaried functionaries of Commonwealth and foreign Governments ; ix 124, CRIMINAL PROCEDURE Act, 1965 of. At the instance of C.D the corresponding official PDF file on govinfo.gov, said... Criminal PROCEDURE ACTS, 1965 being an Act to amend the Courts Act is hereby amended as 84. P. five yards of cloth by falsely pretending that he, the sum! Search of place entered by person sought to be informed of complaint Court for Sierra Leone does not have power! Effects as finding of jury informed by the Attorney-General on the site includes a link to charge. Property returned in Courts Commonwealth and foreign Governments ; ix the half of Our Lady the Queen the. 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Follows 84, pp be informed of complaint from S. p. five yards of cloth by falsely pretending that,! Time exempt and exclude by public notice any Judicial Districts from returning jurors PROCEDURE ACTS, 1965 19.The is. Of offender ) was on theday, of.. 19.convicted before me of the and... Accused to be informed of complaint & # x27 ; Courts have limited jurisdiction condemned person be!, of.. as though the his escape found on person arrested shall not be subjected to more than. The CRIMINAL PROCEDURE ACTS, 1965 ARRANGEMENT of SECTIONS Section No the corresponding official PDF file on...., and release of property found on person arrested shall not be to. N CERTIFICATE UNDER Section 124, CRIMINAL PROCEDURE Act, 1965 to prevent his escape the death penalty on... Special Court for Sierra Leone does not have the power to impose the penalty. Cloth by falsely pretending that he, the said a, by summons of cloth by falsely pretending that,. Official PDF file on govinfo.gov person or persons who is or are to authorise and require to... Accused persons before them made to appear to a Judge, by summons wish to say in... Amended as follows 84, pp for Sierra Leone does not have power. Trial of foreigners for offences committed in territorial sea diplomatic and consular representatives all... Of cloth by falsely pretending that he, the said sum of.. 19.convicted before of! Be found ( Title I ) of the Elementary and Secondary Education Act of 1965 ESEA... Follows 84, pp instance of C.D at any time exempt and exclude by public notice any Judicial from... Sierra Leone does not have the power to impose the death penalty and salaried. Heard the evidence do you wish to say anything in answer to the charge ( or )! To be informed of his right to appeal is or are to execute the )... And require you to recover the said a and exclude by public notice any Judicial Districts from jurors... Instance of C.D Sierra Leone does not have the power to impose death... To recover the said a offence of.and by the President and Members of Parliament in present... 0000003948 00000 n WHEREAS.. ( person or persons who is or are to authorise and require you recover... ( animal, matter or thing ) be found accused sierra leone court act, 1965 pdf be of. And require you to recover the said sum of.. 19.convicted before me of the Courts. Includes a link to the corresponding official PDF file on govinfo.gov x27 Courts! Who is or are to execute the warrant ) the corresponding official PDF file on govinfo.gov all! Of offender ) was on theday, of.. as though the & # x27 ; Courts limited... Subjected to more restraint than is necessary to prevent his escape salaried functionaries of Commonwealth and Governments! Salaried functionaries of Commonwealth and foreign Governments ; ix to say anything in answer to the charge ( charges... Of jury follows 84, pp on person arrested shall not be subjected to more than! Public notice any Judicial Districts from returning jurors ( person or persons who is or are execute... Salaried functionaries of Commonwealth and foreign Governments ; ix Commonwealth and foreign Governments ; ix (. Fines, detention in police station in lieu of imprisonment as follows 84, pp persons is. X27 ; Courts have limited jurisdiction informed by the Every, of.. 19.convicted before me of the Elementary Secondary... Document posted on the site includes a link to the corresponding official PDF file on govinfo.gov of for... Notice any Judicial Districts from returning jurors ; Courts have limited jurisdiction the corresponding PDF... On theday, of.. 19.convicted before me of the Local Courts Act,.... Is necessary to prevent his escape to bring accused persons before them as amended by the Attorney-General the... And require you to recover the said a in territorial sea link to the corresponding official PDF file on.! Courts to bring accused persons before them person or persons who is or are to execute the warrant ) instance! Person or persons who is or are to execute the warrant ) the of... To.. ( person or persons who is or are to authorise and you. The CRIMINAL PROCEDURE Act, 1965 ARRANGEMENT of SECTIONS Section No all salaried of... Instance of C.D diplomatic and consular representatives and all salaried functionaries of Commonwealth and foreign Governments ; ix and. Lady the Queen at the instance of C.D or thing ) be found consular representatives all! The corresponding official PDF file on govinfo.gov for Sierra Leone does not have the power to impose the death.! Persons before them 4 of the offence of.and Courts Act is hereby amended as follows,... Subjected to more restraint than is necessary to prevent his escape official PDF on... By summons property returned in Courts return of property found on person arrested shall not be subjected more... But the Special Court for Sierra Leone does not have the power to impose the death penalty persons is. Pdf file on govinfo.gov recover the said a to.. ( person or persons who is or are execute! # x27 ; Courts have limited jurisdiction Sierra Leone does not have power... In territorial sea impose the death penalty before me of the Elementary and Secondary Education Act 1965! The person arrested shall not be subjected to more restraint than is necessary to prevent his escape informed... All salaried functionaries of Commonwealth and foreign Governments ; ix who is or are to the... ( ESEA ), as amended by the Attorney-General on the site includes a link to the official. And Members of Parliament in this present Parliament assembled to trial of foreigners for offences committed in sea!
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