(2)The Judge may act on the application of any party interested after due notice to all other interested parties. 191. (6) Any power of the Court under this section shall be, in addition to and not in derogation of any other power of the Court for the same or similar purposes. *In case of notice to the prosecutor these words should be struck out. 157. The fact that the indictment has been so signed shall be equivalent to a statement that all conditions required by law to constitute the offence charged, and to give the Court jurisdiction, have been fulfilled in the particular case. 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. Appointment of other persons to perform duties of Magistrate. Sierra Leone Web; Human Rights Commission; Special Court of Sierra Leone; Law Reform Commission; Law Commons - Journal Articles; LawCite; Sierra Leone Parliament; Other African Law. A warrant shall remain in force until cancelled or executed. 211. (2)If the accused is found not guilty, the Judge shall record a judgment of acquittal. 94. For the purposes of this subsection the expression "examining officer", "motor vehicle" and "trailer" shall have the meanings respectively assigned to them under the Road Traffic Act, 1964. B. has been twice previously convicted of an offence under section 22 of the Malicious, Damage Act, 1861, namely, at.on theday of..At theon the..day. 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. (2) Nothing in this section shall in any way effect or derogate from any other powers conferred on constables by this or any other Act. (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 warrant so endorsed shall have the like effect as any warrant issued under subsection (1). And whereas the condition of the said recognisance has not been performed: Now these are to order you to pay the sum of.the amount of such recognisance. 109. 195. B. to commit the said offence. Return of property found on person arrested, and release of property returned in Courts. (name) of(address). (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. (4)The Establishment Secretary shall before the end of August in each year submit to the Senior Police Magistrate, Freetown, a list of all office-holders who have been exempted under item (xvi) of subsection (2) of section 151. amounts to a breach of the peace in terms of the PUBLIC ORDER ACT 1965 as amended, . 242. A person to be tried on any indictment shall be placed at the bar unfettered, unless the Court shall see cause otherwise to order, and the indictment or charge shall be read over to him by the Registrar or other officer of the Court, and explained if need be by the officer or the interpreter of the Court, and such person shall be required forthwith to plead thereto, unless where the person is entitled to service of a copy of the indictment, he shall object to the want of such service, and the Court shall find that he has not been duly served therewith. 0000001624 00000 n
DATED this.day of. (1) A corporation may be charged either alone or jointly with another person with an offence triable on indictment or triable summarily before a Magistrate's Court. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Sierra Leone Gazette Supplement: Acts, 1965-10-21, No. Sierra Leone provides an interesting case study on the assessment of crime1 and the criminal justice system. 37. Whenever it is made to appear to a Judge, by summons . 46. In the.Court at. Arrest how made. 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. 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'. fine be sooner paid, and on the receipt thereof forthwith to set him at liberty returning this warrant with an endorsement certifying the manner of its execution. Trials in the Magistrates' Courts shall be conducted summarily in the manner and subject to the conditions laid, 93. Medical practitioners and dental surgeons in actual practice and their dispensers and assistants; v.Registered druggists and nurses in actual practice; vi. 162. b.to be fined in an amount not exceeding four hundred leones where the offence is triable summarily. Offences at sea or elsewhere out of Sierra Leone. he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establishing his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to invite imputations on the character of the prosecutor or the witnesses for the prosecution; or. 199. ents that may be imposed by subordinate court. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. Issue of search warrants and proceedings thereunder. On the.day of.. You should be present at the said time and place in order to hear the said statement made *(and to cross-examine the. (1) Where upon the arrest of a person charged with an offence any property is taken from him, the Court before which he is charged may order that the property or a part thereof be restored to the person who appears to the Court to be entitled thereto. In any information or indictment against any person in which evidence of the previous conviction, or acquittal of such person for any offence is relevant to the issue, a certificate containing the substance and effect only (omitting. Anything so taken from an arrested person shall be produced before the Court. A. The Constitution also established the Police Force of Sierra Leone, "the Head of which shall be the Inspector-General of Police". 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. 206. 226. 61. And I give you clearly to understand that you have nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt. In theCOURT AT To.(Keeper of Prison or constable). 64. The powers vested in a President under this Act or any Rules made thereunder shall be exercised by a Vice-President.". A statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of his employer, shall be prima facie evidence of the facts therein stated in any proceedings taken before the Court for the enforcement of the payment by the person, to whom the wages are stated to have been paid, of a fine or penalty upon summary conviction. sl-government-gazette-dated-2022-02-03-no-5.pdf Sierra Leone Government Gazette dated 2022-01-27 number 4. sl-government-gazette-dated-2022-01-27-no-4.pdf (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. Figures and abbreviations may be used in an information or indictment for expressing anything which is commonly expressed thereby. 0000006358 00000 n
145. (b) it shall be sufficient if only the words of the section of the enactment creating the offence are set out in the particulars of the offence. 227. (2) If two or more of the assessors are prevented from attending or absent themselves, the proceedings shall be stayed and a new trial shall be held with the aid of fresh assessors. (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. If the accused or the defendant adduces in his defence any evidence other than evidence as to character, the prosecutor may adduce evidence in reply thereto. Where a person charged with an offence is married to another person by a marriage other than a Civil or Mohammedan marriage, such last-named person shall be a competent and compellable witness on behalf either of the prosecution or of the defence. (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. district of.. Now these are to command you to convey the said ..toand to, produce him before the.. (Magistrate) at..there to be dealt with according, WHEREAS application has been made to His Lordshipunder section 43 of the Criminal, Procedure Act, 1965, by me..(named of accused) a person accused of the offence of, AND WHEREAS it has been further ordered that I, the said ..(accused), shall enter into a bond, with surety that I shall, if. that an accused person committed to the Supreme Court or trial; iii. 180. (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. One of the sections so applied is 14 which imposes restrictions on, and relief against, forfeiture of leases. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. 83. (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. 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. (3)Where a representative appears, any requirement of this Act that anything shall be done in the presence of the. Discharge of persons detained under section 215. Any statement made by the accused at the preliminary investigation may be given in evidence if admissible according to the rules of evidence. Bin Rafaah v Precious Minerals Marketing Company (Sierra Leone) Limited (CIV APP 1 of 1999) [1998] SLCA 2 (23 October . It shall be lawful for the Court, upon the application of the prosecutor or the defence, if the Court considers that there is sufficient cause for the delay, to postpone the trial of any accused person to the next sessions of the Court to be held at the place where the Court is sitting at the time of such application being made, or to subsequent sessions, or to a sessions to be held at a time and place to be named at the time of granting such postponement; and to respite the recognisances of the prosecutor and witnesses, in which case the respited recognisances shall have the same force and effect as fresh recognisances to prosecute and give evidence at such subsequent sessions would have had. If a woman convicted of an offence punishable with death be alleged to be pregnant, the Court shall enquire into the fact; and if there be reasonable cause for believing it, the sentence to be passed on her shall be a sentence of imprisonment for life instead of sentence of death. 84. 22 of 1961. Sierra Leone, enacting jurisdiction. 0000007825 00000 n
231. Santigie Borbor Kanu (also known as Five-Five) (born March 1965) was a Sierra Leonean military commander in the Armed Forces Revolutionary Council (AFRC). 135. 70. E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published. (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. 55. Diplomatic and consular representatives and all salaried functionaries of Commonwealth and foreign Governments; ix. period of years, or in such other prison as the Governor-General shall from time to time direct, and subject to the prison rules for the time being in force. 219. Type: The Sheriff and the Keeper of the Prison, the Medical Officer in charge of the Prison, the Chaplain of the Prison or other minister of religion, and such other officers of the prison as the Sheriff requires shall be present at the. 3. The Laws of Sierra Leone on the Sierra Leone Web. Information to be given to Magistrate, when required. (1) At any time during the hearing of the change the Court may, if it thinks fit, adjourn the hearing. E-Book Overview. 226. "The jurors who are to try you are now about to be sworn; if you object to any of them, you must do so as they come to the book to be sworn, and before they are sworn, and you shall be heard". Where such statement relates to an offence for which any person is then or subsequently committed for trial, it shall be transmitted to the Court in which such person is to be tried, and a copy thereof shall be transmitted to the Attorney-General. Nothing contained in sections 143 to 146 shall affect the Court's powers to order separate trials of persons who are jointly charged. Prosecutor and witnesses may be required to enter into recognisances. Upon every such trial the decision of the Judge, with the aid of the assessors, as to all matters arising thereupon, which in the case of a trial by jury would be left to the decision of the jurors, shall have the same force and effect as the finding or verdict effects as finding of a jury thereon. (2)If a witness is cross-examined at the trial on behalf of the accused on any part of the witness's statement to the police the prosecution may furnish the Court with a copy of the statement which shall become part of the record of the trial. (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. ORDER 9 PETITIONS-GENERAL PROVISIONS 1. 154. At.In the West Area of Sierra Leone murder, Statement of Offence Accessory after the fact to murder. Attorney-General may delegate certain powers to nolle prosequi, etc. And I want you to understand clearly that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to you to induce you to make any admission or confession of your guilt. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry . THE GLOBALIZATION OF WORLD POLITICS AN INTRODUCTION TO INTERNATIONAL RELATIONS. f^MaZIZ%XvRKF=@/v+'@_Vi{4QEi}I1jvn/ wO.U
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o{pwWM@{le,V$9&1GsHO;= 191. (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. 61. 40. In the.Court at.. To.(the person charged with the levy). 139. 155. Subject to the provisions of sections 136 and 137, an indictment charging any person with an offence triable before the Supreme Court, may be preferred by any person before a Court in which the person charged may be lawfully indicted for that offence, and where an indictment has been so preferred, a Law Officer shall, unless the accused has been acquitted and discharged under the provisions of section 131, sign the indictment and it shall thereupon be proceeded with accordingly: a. i . Whenever any preliminary investigation or trial is postponed under sections 71 or 134, the Court may at any time resume the preliminary investigation or trial and require the accused to appear or be brought before such court, when, if the court considers him capable of making his defence, the preliminary investigation or trial shall proceed, but if the Court considers the accused to be still incapable of making his defence, the accused shall be dealt with as though the preliminary investigation or trial had not been resumed. to a dwelling house, one F. G. being therein. The Globalization of World Politics. (8) It shall not be necessary in stating any intent to defraud deceive or injure any particular person, where the enactment creating the offence does not make an intent defraud, deceive, or injure a particular person an essential ingredient of the offence. 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. A. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. Subsection (1) of section 9 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. (1) Qualifications of jurors. b)by the insertion immediately after the word "of' in the third line of subsection (3) thereof of the words "not more than". 45. (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"). 13. 45. (2)Judge shall then give judgment, and in so doing shall not be bound to conform with the opinions of the assessors, but he shall record his judgment in writing and in every case the judgment shall contain the point or points for determination, the decision thereon and the reasons for the decision, and shall be dated and signed by the Judge at the time of pronouncing it.. (3)If the accused is convicted, the Judge shall pass sentence on him according to law. 217. 237. Sealing orders, warrants, etc., not generally necessary. The Laws of Sierra Leone on the Sierra Leone Web. Freetown, Sierra Leone THE INITIATIVES AND PRACTICES OF SIERRA LEONE'S PREVENTIVE ANTI-CORRUPTION BODIES AS PER ARTICLE 6 OF THE UNCAC 1. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. 112 of 1984] Acts Nos. 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. 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. Certificate of superintendent of hospital to be evidence. Person to be paid 11. convicted, pay the costs of the prosecution: Now I.(name of accused), of.of, ..(address) hereby bind himself that I will, in the event of my being convicted. he, the said A. Of 19.The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. It turns out that an overwhelming majority of Sierra Leoneans oppose higher taxes, even though it is widely agreed that public service provision is very poor in the country. I,..(name of accused) being brought before the, .(Magistrate) at..charged with, ..(statement of offence), do hereby bind myself to attend in, the..Court aton the said charge and to continue so to. With the offence. (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. (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. 236. (5)Until an appointment is made to the office of Director of Public Prosecutions the powers conferred upon the Director Public Prosecutions by this section shall be exercised by the Attorney-General. (6)where an information or indictment contains more than one count, the counts shall be numbered consecutively. 213. (2)The Principal Immigration Officer shall during the first week of August in each year furnish the Senior Police Magistrate in Freetown, with a list of names of all aliens known to him to be resident in the Western Area. (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. 112. Supplement to the Sierra Leone Gazette Vol. At close of prosecution case Judge to inform undefended accused of his rights. A. 57. PART I - GENERAL PROVISIONS PROCEDURE 3. Deposition of medical practitioner may be read as evidence. 44. (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. 209. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. (4)Such book shall belaid before the Magistrate present at the time when and place where the recognisor is required to appear, and such Magistrate may enlarge the recognisance to such further time as he may appoint. Against, forfeiture of leases imposed by subordinate Court 162. b.to be fined in an information indictment. Other interested parties accused of his prosecution of crime1 and the criminal system... Agreement stipulates that the RSCSL shall have its principal seat in Freetown, but shall.! 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