(2) If the accused states that he has witnesses to call but they are not present, the Court may, under the circumstances set forth in section 117, take the steps therein mentioned to compel their attendance. (Place). 91. (1) Where any person is convicted of having stolen or otherwise obtained any property dishonestly by means of any felony or misdemeanour, the Court convicting him may. 246. otherwise directed by me, he may be released. Procedure where entry not obtainable. (3) Where two or more persons are charged jointly if they do not all duly elect to be tried by the Court with the aid of assessors or by a Judge alone, they shall be tried by the Court with a jury. (2) Such questions and the answers to them shall be recorded. 2014 Sierra Leone Correctional Service Act o. N (4) In the absence of the Director-General, the Deputy . (1) The Court shall then in the presence of the accused take the statements on oath of the witnesses of the prosecution and put such statements into writing (hereinafter referred to as "depositions"). 242. 45. a certain will purporting to be the will of C.D. 189. If a person refuses to enter into such recognizance the Court may commit him to prison, or into the custody of any officer of the Court, there to remain until after the trial, unless in the meantime he enter into a recognizance. 84, pp. 149. 237. 11 of 2006. Sets forth provisions relating to the formation and . Subject to the provisions of the Courts Act, 1965, and to the powers of transfer conferred by the section 43, the place for the investigation and trial of offences by Courts other than the Supreme Court shall be determined according to the following rules. 1960 (SLE-1960-L-28611) Employers and Employed Act (Chapter 212) [consolidated to 1960] B. was a servant to J. S. and the he, said A. 205. in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. 77. 188. 88. (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. (3)When an accused person makes an application under this section, the Judge may before granting the same, direct him to enter into a recognisance, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecution. The Local Courts (Amendment) Act, 1965 Date of commencement. Benin Constitutional Court declared four articles of the nationality code to . (1) The substance of the charge shall be stated to the accused, or defendant and he shall be asked if he admits or denies the truth of the charge. 117. Evidence for arriving at proper sentence. 0000010705 00000 n A. 126. 86. 104. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such constable or other person may use sufficient force to effect the arrest but no more. Resumption of trial or investigation. 10 Local Courts Act 2011 No. (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. 23 dated 1st May, 2014 PRINTED AND PUBLISHED BY THE GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE. (b) It shall not be necessary to aver in any information or indictment that the certificate of the Attorney-General required by this section has been given; and the fact of the same having been given shall be presumed unless disputed by the defendant at the trial; and the production of a document purporting to be signed by the Attorney-General and containing such consent and certificate shall be sufficient evidence of the consent and certificate required by this. (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. This form must be used when as offence with which the defendant is charged is punished only by a fine. 158. C.D., with intent to defraud, omitted or concurred in omitted from or from or in cash book belonging to the said C.D., his employer, a material particular that is to say, the receipt on the day of Le100 from H.S. Sierra Leone Gazette Supplement: Acts, 1965-10-21, No. 213. concerning E. F. in the form of a letter, book, pamphlet picture, or as the case may be. 171. accused " means a person charged with a crime but does not include a defendant; " child " means a person under the age of fourteen years; " committed for trial " used in relation to any person, means committed to prison with a. view to his being tried before the Supreme Court and includes a person who is admitted to bail upon a recognisance to appear and take his trial before the said Court; " corporation " includes a statutory corporation as defined in subsection (9) of section 32 of the Constitution, a company formed and registered under the Companies Act or the Companies Act, 1924, and any Company to which Part IX of the Companies Act applies; " Court " means any Court of criminal jurisdiction established by law in Sierra Leone other than a Local Court in the Provinces administered under the Local Courts Act; " defendant " means a person charged with a summary offence and appearing before a Magistrate in answer to a summons; "indictment " means a document containing the charge against the accused signed by a Law Officer and every indictment purporting to have been signed as aforesaid shall be Presumed to be so signed until the contrary is shown; " information " means a document containing the charge or charges against the accused or the defendant and signed by the prosecutor and includes an indictment; " inquiry" includes preliminary investigation; " Judge " means a judge of the Supreme Court; " Law Officer " means the Attorney-General, the Solicitor-General, the First Parliamentary Counsel and every other Crown Counsel or Parliamentary Counsel; "Minister" means the Minister charged, for the time being with responsibility for matters relating to Social Welfare; "prosecutor" includes complaint and means a person who gives information or causes information to be given on his behalf against the accused or the defendant and who intentionally associates himself with the prosecution of however, that the mere signing of an indictment orsheet by a law officer or other person authorised that behalf by. 78. 64. (2) When a person is charged with any felony, other than murder or treason, the Court may, if it thinks fit, admit him to bail. B., on heday of..at.in the Western Area of Sierra Leone, being clerk or servant to. 9781315162461_webpdf_115322 - Free ebook download as PDF File (.pdf), Text File (.txt) or read book online for free. 202. Type: do you wish to say anything in answer to the charge (or charges)? The statement of the accused as herein/hereafter recorded was taken in my presence and hearing and contains accurately the whole statement made by him. (1) All such warrants shall be valid and effectual throughout Sierra Leone, wherever the person against whom such warrant is issued, or any goods and chattels of such person may be found. 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. (2) (a) Proceedings before a Magistrate previous to the committal of an offender for trial or to the determination of the Magistrate that the offender is to be put on trial, shall not be deemed proceedings for the trial of the offence committed by such offender for the purposes of the said consent and certificate under this section. b.to be fined in an amount not exceeding four hundred leones where the offence is triable summarily. Conduct and precedence of prosecutions. sessions but one after the sessions to which he was originally committed he shall on his application made on the last day of such first mentioned sessions be acquitted and discharged, unless the Court sees good reason to the contrary . f.A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless, i.the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or, ii. (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. Justice of the Peace to assist Magistrate. 135. (2)Where the accused is defended by counsel who states that he intends to call witnesses as to the facts other than the accused, the Court shall call upon the accused's counsel to open his case and shall then require the accused, if he so desires, to make his own unsworn statement or give his evidence on oath, as the case may be, and thereafter to call his witnesses (including witnesses as to character). 0000007848 00000 n (1) Subject to subsection (2), proceedings for the trial of any person, who is not a citizen of Sierra Leone for an offence committed within the territorial sea of Sierra Leone, shall not be instituted in any court except with the consent of the Attorney- General and upon his certificate that it is expedient that such proceedings should be instituted. 204. 233. (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. 152. Customary law applies in the provinces 72. 8. 10 2011 Sierra Leone The Local Courts Act, 2011. 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. (2) The Chief Justice may make Rules for carrying this section into effect and in particular for making provisions as to the manner in which application is to be made for the consent of a Judge of the Supreme Court for the preferment of an indictment. 68. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. 112. A warrant may be executed by the arrest of the accused at any place in Sierra Leone. Rules as to informations and charges. 219. SUPREME COURT OF SIERRA LEONE, Supreme Court Civil Appeal 2 of 1972, Hon Mr Justice E Livesy Luke CJ, 3 July 19 73 . To.(keeper of Prison or constable) at. (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. Where it appears to the Court that distress and sale of his goods and chattels would be ruinous to the person convicted and ordered to pay money for a fine or penalty and his family, or (by his confession or otherwise) that he has no goods whereon a distress may be levied, or other sufficient reason appears to the Court, the Court may, if it thinks fit, instead of or after issuing a warrant of distress commit him to prison for a period specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid. 0000006358 00000 n 236. African Law (AfricanLII) . 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. d.In any of the following cases, that is to say, i.when it is uncertain in which of several Districts an offence was committed; or, ii. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. 132. It shall not be necessary in any case to keep the jury together during any adjournment previous to the close of the Judge's summing up, but it shall be lawful for the Court, if it should appear to it to be advisable in the interest of justice on any trial to require the jury to be kept together during any adjournment. 209. Passed in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. (2) Where a witness has been, or is to be treated as having been bound over conditionally to attend the trial, the Attorney-General or the person committed for trial may give notice, at any time before the opening of the sessions of the Supreme Court at which the accused person has been committed to be tried, to the committing Magistrate's Court and at any time thereafter to the Registrar of the Supreme Court that he desires the witness to attend at the trial, and any such Court or Registrar to whom any such notice is given shall forthwith notify the witness that he is required so to attend in pursuance of his recognizance. njala university, school of social sciences Skip to document Ask an Expert Sign inRegister Sign inRegister Home Fines, detention in police station in lieu of imprisonment. 185. (1) Nothing herein contained shall prevent the Court from exempting any person from serving as a juror at any session or any trial for reasonable cause, a certificate bearing the signature of a Medical Practitioner setting out that any person required to attend as a juror is unable from the state of his health to do so, may, on the court being satisfied of the signature to such certificate, be received as prima facie evidence of reasonable cause. If such money be directed to be paid by instalments and default is made in the payment of any one instalment, all instalments then remaining unpaid shall become immediately due. HWnI}GXA !*#@x0@)H#sd>O{lT|9tdz>NO%y%w:2#22o}|.V7[Nd3Vipk[l1F8eY \=\iY=efO& q3|Zfqz{Ml' 'e^@1@~&Vs/ uG\$KP\ 59. The various classifications of these divisions indicate the types of cases that are heard in these courts. The respondent claimed that the deceased had sold the land to him some time in . WHEREAS by a warrant dateda certain.(name) of, (address) was committed to your custody there to abide until after the trial, of.before the Supreme Court on a charge. When the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution. 58. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. that an accused person committed to the Supreme Court for trial instead of being tried at the place where he would but for the order have been tried, be tried by the Supreme Court at such other place as may be specified in the order. 5 OF 2009) THE COMPANIES REGULATIONS, 2015 In exercise of the powers conferred upon the Commission by sections 494 and 530 of the Companies Act, 2009 the Commission hereby makes the following Regulations - PART I-PRELIMINARY 1. in order that. Discharge of persons detained under section 215. 0000012030 00000 n But whatever you say now may be given in evidence notwithstanding such promise or threat." 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 . No. Arson, contrary to section 3 of the malicious Damage Act, 1861. When a warrant of arrest is executed outside the local limits of the jurisdiction of the Court issuing the warrant, the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Court within whose jurisdiction the arrest was made, be taken before such last-mentioned Court which shall deal with him in the same way as if brought before it under section 37. 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. (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. 123. 12, pp. Provision for continuance of criminal trial where a juror dies or becomes incapable. (1) After the examination of the witnesses called on behalf of the prosecution, and provided that the Court does not consider that the case should be dealt with in accordance with the provisions of section 118, the Court shall address the accused as follows, "The charge (or charges) is (or are).(read the charge or charges). I plead guilty to the above written charge. The omission to comply with any provision of this Part shall not make the execution of judgment of death illegal in any case where such execution would otherwise have been legal. Now these are to authorise and require you to recover the said sum of..as though the. A person convicted or acquitted of any act causing consequences, which together with such act constitute a different offence from that for which such person was convicted or acquitted, may be afterwards tried for such l mentioned offence, if the -consequences had not happened or were not known to the Court to have happened at time when he was acquitted or convicted. ii. On the 1st day of December in every year each Magistrate, together with such Justices of the Peace in his Judicial District as may be able to attend, shall hold a public sitting in the Court House of his district, for considering and disposing of all such notices as he shall have then received, and shall then revise and settle the lists by the addition to, or taking away therefrom, of names, and by correcting any error as to the names, occupations or places of residence, and the nature of the qualification of any persons included therein. 9. H i l l University of Washington. In case of refusal may be imprisoned. 47. Interpretation. The purpose in developing a CCP is to provide refuge managers with a 15-year strategy for . 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. 10. 2. Power to search for strangers in Diamond Protection Areas. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. (1) Whenever any person prosecuted and charged before any Court with an offence involving fraud, dishonesty or violence, then, and in every such case, whether such offence is to be tried summarily or on information, or whether the said person has or has not been admitted to bail, it shall be lawful for a Police Officer of or above the rank of Assistant Superintendent or the constable for the time being in charge of a Police Station, if he is of the opinion that there are grounds for suspecting that such person has been previously convicted or has been engaged in crime, or that from any other case his photographs, measurements, thumbprints and fingerprints are required for the purposes of justice, to cause to be taken for use and record such photographs, measurements' thumbprints and fingerprints of the said person as such Police Officer or the constable for the time being in charge of a Police Station, shall think fit: Provided that if no conviction of the said person shall follow as a result of, or in connection with, such said prosecution, then, and in every such case, the photographs of the said person shall, together with the records of his measurements, thumbprints and fingerprints, be handed over to him or if this is not possible, be destroyed. 12. (1) Such statement so taken may afterwards be used in evidence on the trial of any person accused of an offence to which the same relates, if the person who made the statement be dead, or the court is satisfied that for any sufficient cause his attendance cannot be procured, and if reasonable notice of the intention to take such statement was served upon the person against whom it is to be read in evidence and he had or might have had, if he had chosen to be present, full opportunity of cross-examining the person making the same. 81. 244. 2. 0000001151 00000 n Arson, contrary to section 2 of the Malicious Damage Act, 1861. (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. SCOPE The death penalty can be imposed for the following civil and military crimes: Treason and related offences under the Treason and State Offences Act 1963; Murder under the English common law and section 121 of the CPA No 32 of 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. (2) A representative for the purposes of this Part need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this Part shall be admissible, without further proof, as prima facie evidence that the person has been so appointed. Any person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter. 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. (4)Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the recognisance to the Court. 44. Trial by Judge with the aid of Assessors or by Judge alone at instance of the Attorney-General. Magistrate's Courts have limited jurisdiction. (2) for the purposes of this section the expression "Court" means any Court in Sierra Leone and includes the Supreme Court, a Magistrate's Court and any Local Court. 24. (2) Upon the accused being so informed the Judge shall record the fact and shall then observe the appropriate procedure set out in section 193. 156. 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. Recovery of damages, etc., as a judgement debt. DATED this.day of..19 RECOGNISANCE BOOK KEPT AT THE POLICE STATION (OR LOCKUP) AT, (1) State time and place at which accused (recognisor) is to appear before the Magistrate and the sum in which he is bound followed by his. How warrants addressed, and by whom executed. f^MaZIZ%XvRKF=@/v+'@_Vi{4QEi}I1jvn/ wO.U Ra -'Z^p7>Cv O+n@uyLi#h-R, v| j lsb#s!rmKQEPo#i*R_u5.&mt7Nxc8;-[c@qX9p\HNIvp@u[m=z8-t1oO/iR [4FGm2, o{pwWM@{le,V$9&1GsHO;= 227. To..(Officer), WHEREAS..(name of accused) of.(Address) was brought before me aton, theday of.19charged with the offence, of(statement of offence) committed at.in the. WHEREAS at a preliminary investigation held by me into a charge of.preferred against, ..(name of accused) I committed the, said..(name of accused) for trial by the Supreme Court Upon the said charge and. 0000003948 00000 n (3)The provisions of this section shall be in addition to and not in derogation of any other provisions of this Act. b. in the case of a petition, after the expiration of forty-two days from the date of the decision of the Court of Appeal, and if, within the appropriate time allowed, any such notice is given or petition is made, the sentence shall not be executed until the appeal or petition is finally rejected or the application for leave to appeal is finally refused, as the case may be. Recover the said sum of.. at.in the to pay all or any specified of... Charge ( or as the case may be given in evidence notwithstanding Such promise or threat ''... ) of of damages, etc., as a judgement debt Act, 1861 in evidence notwithstanding Such or. 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