210. 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. WHEREAS.(name) is lying ill/hurt at(address) and is not likely to recover, and, whereas it appears to me that the saidis able and willing to give material, information relating to the offence of.(statement of offence) alleged to have been committed, Now, therefore, take notice that I propose to take in writing and upon oath or affirmation the statement of the said. 30. The failure of any person charged with an offence, or of the wife or husband, as the case may be, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution. 142. a.that some question of law is likely to arise, which it is desirable should be decided by the Supreme Court; b.that an order under this section will tend to the general convenience of the parties or witnesses; or. 4. The sealing of any order, summons or warrant shall not be necessary in addition to the signature of the Judge or Magistrate or Justice of the Peace by whom the same shall be signed, except in cases where sealing is expressly directed by this or any other Act. 11 of 2006. 10. 150. 0000006176 00000 n 114. [23rd March, 2006] Enacted by the President and Members of Parliament in this present Parliament assembled. (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. 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. (2) The signature and attestation of the Judge or Magistrate by whom such statement was taken shall be sufficient. Upon the receipt of the search warrant and of all the things seized thereunder the Court, Judge, Magistrate or Justice of the Peace may make an order as to the immediate custody of the said things and, at any time thereafter, may make such an order as to their disposal as may seem proper. Exemption of districts from returning jurors. [9[,I`xs Priests and ministers of the various religions practiced in Sierra Leone. 48A. (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. (1) The constable or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, or anything found in his possession likely to afford material evidence for the prosecution in respect of the offensive weapons which he has about his person, or anything found in his possession likely to afford material evidence for the prosecution in respect of the offence for which the offender has been arrested. 2. in accordance with the provisions of Part III in relation to preliminary investigation, the Court may take in writing the statement on oath or affirmation of such person, and shall subscribe the same, and certify that it contains accurately the whole of the statement made by such person, and shall add a statement of the reason for taking the same, and of the date and place when and where the same was taken, and shall preserve such statement and file it for record. 46. before the Supreme Court unless in the meantime you receive other directions as to his disposal. A. 0000005510 00000 n 174. 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. Be it enacted by the Queen's Most Excellent Majesty, by and with P.N. The Courts (Amendment) Act, 2006. In the..Court at. To..(keeper of Prison or constable). I,(name of accused) ofCourt on a charge, ofand required To give security to take my trial before the, said ..Court, do hereby bind myself to be and appear before the, saidCourt at ..when call upon to answer the charge. 29. ii. I,(Sheriff or Deputy Sheriff) hereby certify that have/caused to, be served upon.(name of accused) a copy of the indictment in the matter of the charge, against him with the notice of trial, and that the nature and exigency thereof was explained to him, byand that this service was effected..(personally or in what, manner accomplished) at.(time) on..the..day. Q. CONTROL OF ATTORNEY-GENERAL OVER CRIMINAL PROCEEDINGS. (7) Subject to any other provisions of these rules, it shall be sufficient describe any place, thing, matter, act or omission whatsoever to which it is necessary to refer in any information or indictment on ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act omission referred to. (1) Notwithstanding anything contained in section 79 any constable in charge of a police station may take bail by recognisance conditioned for the appearance of an accused person before the Magistrate's Court, on a day and at a place to be mentioned in such recognisance, there and then to be dealt with according to law, in the following cases, a. (2) Where the prosecution does not put in the statement the Judge, on the application of the defence, may order the statement to be read at the conclusion of the prosecution evidence as part of the prosecution case. 163. answer a charge of..(statement of offence): Now these are to command you to produce the said prisoner before me at atmonitoring, Day of.19, and to insure his further attendance from time to time until the said charge shall have, Affidavit of Service of Summons out of the Jurisdiction. 45. 111. PRESERVATION OF TESTIMONY IN CERTAIN CASE. (2) Notwithstanding anything contained in section 143, in any case where a person is charged at any sessions of the Supreme Court with a criminal offence not punishable by death the Attorney-General, if he is of the opinion that the general interest of justice would be served thereby, may make an application to the Court for an order, which shall be made as of course, that any such person or persons shall be tried by such Court with the aid of assessors, or by a Judge alone, instead of by a Judge and jury. 82. 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. B., on the..day of.at.in the Western Area of Sierra Leone, uttered a certain forged will. 44. a. The powers vested in a President under this Act or any Rules made thereunder shall be exercised by a Vice-President.". (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. Paragraph (xii) of section 78 of the Prisons Act, 1961, is hereby amended. (2) No accuse person shall be entitled to any adjournment to secure the attendance of any witness unless he shows that he could not by reasonable diligence have taken earlier steps to obtain the presence of the witness. Last amendment included here is the Sierra Leone Citizenship (Amendment) Act, 1976, which entered into force on 26 August 1976. (3)The statement shall not thereby become evidence of any facts alleged therein but the Judge and jury may take it into account in judging the credibility of the witness on his evidence as a whole and the prosecution and defence shall be entitled to refer to it in examining or cross-examining any witness and in addressing the Court. 209. The lease in s question was made in May 1962. Certificate required by section 141, Criminal Procedure Act 1965. As soon as may be after judgment of death has been executed on the offender his body shall be examined by the Medical Officer in charge of the Prison, who shall ascertain the fact of death and sign a certificate thereof in duplicate and deliver the same to the Sheriff. Conviction of manslaughter on charge of murder. 135. (1) In a trial on indictment for murder or manslaughter, the declaration of a deceased person, whether it be made in the presence of the accused person or not, may be given in evidence if the deceased person at the time of making such declaration believed himself in danger of imminent death and entertained at the time of making it no hopes of recovery. 83. the offence may enquired into and tried in any one of such Districts. evidence that the person has been so appointed. Both systems have been given legitimacy by the constitution and other statutory instruments. Being an Act to amend the Courts Act, 1965. PART IV - INDICTMENT AND TRIAL IN THE SUPREME COURT. (2) The following persons shall be exempted from serving on any jury. Defence of lunacy at preliminary investigation. a.persons accused of the same offence committed in the course of the same transaction; b.persons accused of an offence and persons accused of aiding and abetting or being an accessory to or of attempting to commit such offence; c.persons accused of different offences where all such offences are founded on the same facts or form or are part of a series of offences of the same or a similar character; d.persons accused of different offences committed in the course of the same transactions. 84, pp. In the.Court at. Conduct and precedence of prosecutions. concerning E. F. in the form of a letter, book, pamphlet picture, or as the case may be. 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. 95. (2) Any person who commits on an aircraft operated by or on behalf of a company registered in Sierra Leone, any act which, if committed in Sierra Leone would be an offence shall be guilty of an offence of the same nature, and subject to the same punishment, as if the act had been committed in Sierra Leone. Clerk of the House of Representatives. (1) The description of property in a count in an information or indictment shall be in ordinary language, and such as to indicate with reasonable clearness the property referred to and if the property is so described it shall not be necessary, except when required for the purpose of describing an offence depending on any special ownership of property or special value of property, to name he person to whom the property belongs or the value of the property. A warrant shall remain in force until cancelled or executed. 19.. To all to whom these presents shall come: I,..Governor-General of Sierra Leone send greeting. No. 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). 167. 125. in order that. (3)If the defence does not employ counsel, the Court shall, at the close of the examination of each witness for the prosecution, ask the accused or the defendant whether he wishes to put any questions to that witness. WHEREAS.(name of accused) has the day appeared before me charged with. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. in Province from S. p. five yards of cloth by falsely pretending that he, the said A. C h a r l e s W. L . When constable may arrest without warrant. 1 of 2006; Sierra Leone Citizenship Amendment Act No. person at the time of making such declaration believed himself in danger of imminent death and entertained at the time of making it no hopes of recovery. 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. 66. A. Or by imprisonment not exceeding three months (whether with or without a fine), it may also be used on the direction of a Magistrate in respect if any offence other than a felony. I, (name of accused) of..(address), being brought before, the(Magistrate) atcharged with the, Offence ofand required to give security for my attendance in his Court, and at the Supreme Court, if required, do bind myself to attend at the Court of the said, (Magistrate) on everyday of the preliminary investigation into the said charge and, should. 8. (2) If either the prosecutor or accused shall refuse to give his assent the Court may direct that a juror shall be added and the jury re-sworn, or that the jury shall be discharged and a new jury empanelled and in either of these cases the trial shall commence anew. 0000010705 00000 n (2)Where a criminal lunatic is conditionally discharged in pursuance of this Act, a report of his condition shall be made to the Minister by such person, at such times and containing such particulars as may be required by the order of discharge. And I hereby direct you to arrest the occupier of the said.(place to be searched) if any such. This is an unofficial consolidation. 246. 200. B., on theday ofatin the Western Area of Sierra Leone, did counsel, procure, and. 119. If the Court considers that the evidence against the accused is not sufficient to put him on his trial, the Court shall forthwith order him to be discharged as to the particular charge under investigation; but such discharge shall not be a bar to any subsequent charge in respect of the same facts: Provided that nothing contained in this section shall prevent the Court from either forthwith, or after such adjournment of the investigation as may seem expedient in the interest of justice, proceeding to investigate any other charge upon which the accused may have been summoned or otherwise brought before it, or which in the course of the charge so dismissed as aforesaid it may appear that the accused has committed. wherein you were bound, and further to give you notice that if within six days of the date of service of this order and notice upon you, you fail to pay the said sum the same may be recovered in manner prescribed by distress and sale of your goods and chattels, and in default of the amount being so recovered you may be imprisoned for a period up to days. 2198-2227 PDF of Act. 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. FAO organizational chart; Regional Office for Africa; Regional Office for Asia and the Pacific; Regional Office for Europe and Central Asia; Regional Office for Latin America and the Caribbean The said Section states, amongst others, that the laws of Sierra Leone shall comprise "rules . Suspension of execution of death sentence pending appeals. 0000005969 00000 n Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act, 1916. Every sentence of death shall direct that the person condemned shall be hanged by the neck until he is dead, but shall not state the place of execution. (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. 10 Local Courts Act 2011 Short title. are). 133. 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. 7. 79. (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. In accordance with the Courts Act, No 31 of 1965, Sierra Leone is constituted into Judicial Districts, and Section 4 of the Act states that there shall be constituted Magistrates' Courts in and for every judicial district. 10. 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. f 1965. 242. ordered.(set out the order made). (ii) such person shall have elected or shall have been ordered to be tried by a Judge alone in accordance with the provisions of sections 145 and 144 respectively. (1) Any person charged with any offence not punishable by death may at the time of being committed or referred for trial or at any time thereafter up to two clear days at least before the trial of such person whether he had previously elected otherwise or not, elect to be tried by a Judge with the aid of assessors and if any person shall so elect he shall be tried by a Judge with the aid of assessors instead of being tried by a Judge and jury. (2)If the remand is for not more than three clear days, the Court may by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue to keep the accused in his custody, and to bring him up at the time appointed for the commencement or continuance of the said investigation. A Magistrate may, if he is compelled to interrupt the conduct of a preliminary investigation by sickness, absence or other sufficient cause, appoint a deputy in writing under his hand, and such deputy shall, for the purpose of subsections (1) and (2) of section 113 (but in respect of the power to remand only), have the like powers as if he were the Magistrate. 243. 3. 232. 230. return you this order to me endorsed with what you have done therein. 51. 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. 144. (3)If a Magistrate's Court imposes a fine on a defendant whose personal attendance has been dispensed with under this section and the fine is not paid within the time prescribed, the court may forthwith issue a summons calling upon the defendant to show cause why he should not be committed to prison. (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. (3) Where in pursuance of this section a criminal lunatic has been discharged conditionally, if any of the conditions of such discharge appear to the Minister to be broken or the conditional discharge is revoked, the Minister may by order direct him to be taken into custody and to be conveyed to some mental hospital, prison or other place of safe custody named in the order, and he may thereupon be taken in like manner as if he had escaped from such mental hospital, prison or other place of such custody, and shall be received and detained therein as if he had been removed thereto in pursuance of the foregoing provisions of this Act. 109. Every indictment, when signed, shall be filed in the Supreme Court. 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. Before me charged with 46. before the Supreme Court enquired into and in... Prison or constable ) March, 2006 ] Enacted by the Queen 's Most Excellent,! On the.. day of.at.in the Western Area of Sierra Leone, uttered a forged! The Queen 's Most Excellent Majesty, by and with P.N one such. Into force on 26 August 1976, 1961, is hereby amended is the Sierra,... Cancelled or executed of Prison or constable ) 32 ( 1 ) of the said ) if any.. 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