sierra leone court act, 1965 pdf

sierra leone court act, 1965 pdf

30.12.2020, , 0

7. (4) Coin and bank note may be described as money, and any averment as to money, so far as regards the description of property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed or the particular nature of the bank note shall not be proved; and in cases of embezzlement and obtaining money or bank notes by false pretences, by proof that the accused embezzled or obtained any coin or any bank note, or any portion of the value thereof, although such coin or bank note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to any other person, and such part shall have been returned accordingly. Section 4 of the Local Courts Act is hereby amended as follows Attorney-General may delegate certain powers to, 44. (3)The deposition of each witness shall include answers given by the witness in reply to questions put to the witness in cross-examination. vii. (4)For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved, for the purposes of any such proceedings, to any other court shall be deemed part of those proceedings. Nothing contained in sections 143 to 146 shall affect the Court's powers to order separate trials of persons who are jointly charged. Control of Attorney-General over Criminal Proceedings. 0000003948 00000 n 77. 140. (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.the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; c.the Court before which the person arrested it to attend; and. Provided that (a) where any rule of law or any Act or statute limits the particulars of an offence which are required to be given in an information or indictment, nothing in this rule shall require any more particulars to be given than those so required. 216. 44. 6. The provisions of section 105 shall apply in relation to the amendment of a charge brought against an accused person before a Court holding a preliminary investigation. (b) Nothing in this Act shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness, without the consent of that person. Date of commencement: 09 April 1976. 71. A Court may, before passing sentence, receive such evidence as it thinks fit, in order to inform itself as to the sentence proper to be passed. 190. No. (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. Last amendment included here is the Sierra Leone Citizenship (Amendment) Act, 1976, which entered into force on 26 August 1976. (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. (1) In this Part the expression "representative" in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing by which the representative of a corporation is by this Part authorised to do, but a person so appointed shall not by virtue only of being so appointed, be qualified to act on behalf of the corporation before any Court for any other purpose. WHEREAS.(name of accused) did appear before the, ..(Magistrate or Judge) atto take his trial on attend a. preliminary investigation into a charge of..: And whereas the said..(Magistrate or Judge) has reason to believe that the, said(name of accused) is of unsound mind and is incapable of making his defence and has. concerning E. F. in the form of a letter, book, pamphlet picture, or as the case may be. (2) Indictments signed by a Law Officer, otherwise than at the instance of any other person, shall have priority of hearing, and shall be heard in the order they are presented by the Attorney-General or his representative, and no jury or assessors shall be empanelled or selected for any such case until it has been so presented. Retentionist, but the Special Court for Sierra Leone does not have the power to impose the death penalty. 122. 227. Procedure in preliminary investigation. 0000035343 00000 n If the statement taken in writing under section 61 relates or is expected to relate to an offence for which any person is under a charge or committal for trial, reasonable notice of the intention to take the same shall be served upon the prosecutor and accused, and if the accused is in custody, he shall be brought by the person in whose charge he is, under an order in writing of the Court, to the place where the statement is to be taken. The Sheriff shall in each case cause the duplicate of every certificate and declaration required by this Act to be exhibited, as soon as may be, and kept exhibited for twenty-four hours at least, on or near the principal entrance of the Prison or some other public building or place situate within the district wherein judgment of death is executed. the formal part) of the information or indictment and conviction or acquittal for such offence, purporting to be signed by the officer having the custody of the records of the Court where the offender was convicted or acquitted, or by his deputy, shall, upon proof of the identity of the person convicted or acquitted be sufficient evidence of the said conviction or acquittal without proof of the signature or official character of the person appearing to have signed the same. Without prejudice to the provisions of any enactment, all criminal offences shall be enquired into, tried and otherwise dealt with according to the provisions of this Act. the said..shall be forthwith set a liberty. 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. If, after receipt of the authenticated copy of the depositions and statement provided for by section 124 and before the trial before the Supreme Court, the Attorney- General or the Solicitor-General authorised in writing by the Attorney-General for the purposes of this section, is of the opinion that further investigation is required before such trial, it shall be lawful for the Attorney-General or Solicitor-General to direct that the original depositions be remitted to the Court which committed the accused person for trial, and that further evidence be taken generally or in respect of any particular matter, and in respect of such original depositions such Court shall re-open the case and after taking such further evidence shall deal with the case in accordance with the provisions of sections 115 to 128. (1) In any criminal case, and at any stage thereof before verdict or judgement, the Attorney-General may enter a nolle prosequi 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 nolle prosequi is entered, and if he has been committed to prison shall be released or if on bail his recognisances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. Section 7 of the Courts Act, 1965 is amended by the repeal and replacement of subsection (1) thereof by the following:- 7. African Law (AfricanLII) . 0000001151 00000 n 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. 112 of 1984] Acts Nos. When in the case of a trial before a judge with assessors the accused has pleaded to the indictment or, in the case of trial by jury, the accused has been given in charge of the jury, counsel for the prosecution shall open the case. where the deposition is that of a witness whose attendance at the trial is stated to be unnecessary as aforesaid, that the witness has been duly notified that he is required to attend the trial. Having heard you statement read do you wish to explain or add to it? PART VI - EXECUTION OF SENTENCES CAPITAL SENTENCES. Payment out of small intestate estates 12. 32. The said Order of the Governor-General shall be sufficient authority in law to all persons to whom the same is directed to execute the sentence of death or other punishment awarded, and to carry out the directions therein given in accordance with the terms thereof. 245. (1) When any person is convicted of an offence and the facts constituting the offence amount also to a tort against the person or property of the prosecutor, the Court before which such person is convicted may, on the application of the prosecutor and after taking any such further evidence as it deems necessary, order the person convicted to pay the prosecutor such sum as appears to the Court to be reasonable compensation (not exceeding in the case of a summary conviction one thousand Leones) in addition to or in lieu of any other punishment. Trial not to be continued in certain cases. 50. 56. 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. 240. xYlCaj0_ZqsC( OU*IyM/^OT@:qxKsbIS :EApc4N( (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. (3) Order for enlargement of bail, cancellation of bail, transfer to a bond, etc. Uttering forged document, contrary to section 6 (1) (2) of the Forgery Act, 1913. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. Assented to in Her Majesty's name this 1st day of October, 1965. (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. 238. All arrested persons to be brought before a Court without delay. Notices to be given in certain cases. 9. attend the Supreme Court at.(place of sitting) atmonitoring, on the..day of..next and then and there to prosecute (or to prosecute and give evidence or to, give evidence) in the matter of a charge ofagainst.(name of accused) and. 111. 0000009278 00000 n Submit. (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. Divided into 7 parts. Assented to in Her Majesty's name this 6th day of our Lord October, 1965. PART V - SPECIAL TRIALS TRIAL OF CORPORATIONS. Legal practitioners in actual practice and all Court Officers; iv. If a Sessions shall be held at any place for which a jurors' list may not have been prepared under this Act, the Sheriff may prepare a temporary jurors' list for the purposes of such sessions, and all the provisions of this Act shall, as far as applicable, apply in the case of the persons whose names are entered, whether as common jurors or as special jurors upon such temporary list. (3)Warrants issued by a Court of summary jurisdiction shall be enforced in other districts, either of the Western Area or Provinces, by the Magistrate having jurisdiction therein. Conduct and precedence of prosecutions. 155. (2) Where the Judge gives no directions for the recording of his summing up or of any direction given by him, he shall prepare a statement as soon as possible according to the best of his recollection and, for the purpose of preparing such statement, may consult any notes he may have made for his summing up or for any such direction. Teachers in public and private schools; xi. How warrants addressed, and by whom executed. b)by the insertion immediately after the word "of' in the third line of subsection (3) thereof of the words "not more than". B. and C.D. If the officer having the execution of the warrant reports that he could find no goods and chattels whereon to levy the money mentioned in the warrant with expenses, the Court may be the same or a subsequent warrant commit the person ordered to pay, to prison for a period specified in the warrant, unless the money and all expenses of the distress, commitment, and conveyance to prison, to be specified in the warrant, are sooner paid. QUALIFICATIONS OF JURORS AND PREPARATIONS OF JURORS' LIST. (2)The accused shall be entitled to cross-examine the witnesses for the prosecution and shall be information of such right if not represented by a legal practitioner. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. SierraLII publishes the law of Sierra Leone for free online access. (4)The deposition of each witness shall be read over to the witness and signed by him and attested by the Magistrate in his presence. The Special Court shall, except as provided in subparagraph (2), have the power to prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996, including those leaders who, in committing such crimes, have . c.When an act is an offence by reason of its relation to another act which is also an offence, or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offense may be enquired into or tried in the District in which either act was done. 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. 4. 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. Pursuant to the Employers and Employed Act, Chapter 212, modifies damages court may award in the case of an employment contract breach. Laws of Sierra Leone, 1960, Government Printer, Freetown, Sierra Leone, Vol. (1) At the close of the evidence for the defence, or, where it is sought to rebut evidence of good character, after evidence of good character has been given, the Court may, in its discretion, grant the prosecutor leave to call rebutting evidence where something has arisen ex improviso, in the course of the defence. Santigie Borbor Kanu (also known as Five-Five) (born March 1965) was a Sierra Leonean military commander in the Armed Forces Revolutionary Council (AFRC). The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient. 53. 220. authority for the detention of such person. 129. (1) If in the course of a trial with the aid of assessors, at any time prior to the finding any assessor from any sufficient cause is prevented from attending throughout the trial, the trial shall proceed with the aid of the remaining assessors. 59. At.In the West Area of Sierra Leone murder, Statement of Offence Accessory after the fact to murder. (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. At(place) at. You are hereby commanded to arrest the said..and to produce him before me. Sierra Leone, enacting jurisdiction. Image. 112. (3) Where before a trial upon indictment or at any stage of such trial the Court is of opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, 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 an indictment, the Court may order a separate trial of any count or counts of such indictment. (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. 30. When the jury have considered their verdict, the foreman shall inform the Judge what their verdict is, or that they are not unanimous. (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. (3) If the case is one in which bail may not be taken, the Court shall release the accused or the defendant on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any person or property, and for his appearance before the Court or such officer as the court may appoint in that behalf. 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. Restitution of property stolen or its value. Procedure with regard to warrants to be enforced outside jurisdiction. (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. (1) When the accused appears to be of sound mind at the time of the preliminary investigation, the Court, notwithstanding that it is alleged that at the time when the act was committed in respect of which the accused person is charged he was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that it was wrong or contrary to law, shall proceed with the case, and if the accused ought to be committed for trial, the Court shall so commit him. 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. Sierra Leone Gazette Supplement, Public Notices, 1982-02-19, No. (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"). (10) Every indictment shall bear date on the day when the same is signed and With such modifications as shall be necessary to adopt it to the circumstances of each case, may commence in the following form:-, IN THE SUPREME COURT OF SIERRA LEONE The..day of 19. The Laws of Sierra Leone on the Sierra Leone Web. (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. 0000007825 00000 n B., Arson contrary to section 3 of the Malicious Damage Act, 1861 C.D., accessory before the fact to same offence. A. Penalty for signing false certificate. 4. I order that the accused be committed for trial upon, indictment before the Supreme Court atand I further order that the accused be. (1) Any Court issuing a warrant for the arrest of any person in respect of any offence other than murder or treason may, in its discretion, direct by endorsement on the warrant that, if such person enter into a recognisance with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed by the Court, the officer to whom the warrant is directed shall take such security and shall released such person from custody. 101. THE CRIMINAL PROCEDURE ACTS, 1965 ARRANGEMENT OF SECTIONS Section No. 166. Fraudulent conversion of property, contrary to section 20 (1) (iv) (a) of the Larceny Act, 1916. DATED this.day of. of AND WHEREAS the.has not paid the said. Both systems have been given legitimacy by the constitution and other statutory instruments. The lease in s question was made in May 1962. 117. One of the sections so applied is 14 which imposes restrictions on, and relief against, forfeiture of leases. 86. Any statement made by the accused at the preliminary investigation may be given in evidence if admissible according to the rules of evidence. (2) The Minister may order such person to be confined in a mental hospital, prison, or other suitable place of safe custody during pleasure. Sealing orders, warrants, etc., not generally necessary. 5. 7. (1) All prosecutions on indictment in the Supreme Court shall be conducted by a Law Officer or a legal practitioner. b)by the substitution for the words "six months" in lines two and three thereof of the words "one yeaf'. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. "A.B. 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. 43. 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. 187. (3)Where a representative appears, any requirement of this Act that anything shall be done in the presence of the. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry . CUSTOMARY JUSTICE As in many post-colonial countries, Sierra Leone has a dual legal system and this dualism is recognised in the 1965 Courts Act. or so much thereof as shall be sufficient to satisfy the said fine/sum/penalty returning this warrant with an endorsement certifying what you have done under it, immediately upon its execution. (2) Where a prosecutor has actually received the compensation awarded under the provisions of subsection (1) or any part thereof the convicted person shall be released from all further or other proceedings by the prosecutor whether civil or criminal for the same cause. WHEREAS.(name) of.(address) was called Upon to enter into a recognisance to, prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of, to be preferred againstat the sittings of the, Court to be holden at.on.the. 230. If the accused or defendant admits the truth of the charge the Court may convict him thereof, or refuse to accept a plea of in guilty, as it thinks fit. 0000012053 00000 n 74. Subsection (4) of section 42 of the principal Act is hereby repealed. B. and C. D., in H.S. (7)The Court may dispense with sureties if, in its opinion, its so dispensing will not tend to defeat the ends of justice. 0000005732 00000 n 90. The charge/charges against you is/are..(here set out charge or charges. B. was then authorized by the said J.S. 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. 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. Available Online Formats Add to Basket Items Details Power of dispenses with personal attendance of accused. 181. 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. Such warrants may be delivered to constables for execution. 128. When exercising the powers conferred upon it by section 55 or 56, the Court may order that the whole, or such portions as the Court thinks fit, of the expenses so paid be paid over to the prosecutor or to the accused or defendant, as the case may be. Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. 45. or exemption from or qualification to the operation of the enactment creating the offence. 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. that an accused person committed to the Supreme Court or trial; iii. (1) The Attorney-General may order in writing that the power expressly vested in him by section 44 be vested for the time being any other Law Officer and the exercise of these powers by such other Law Officer shall then operate as if they had been exercised by the Attorney- General, so however that the power to enter a nolle prosequi in any proceedings preliminary to the committal of the accused for trial on indictment shall not be vested in any person other than the Attorney-General. (5)A search warrant shall ordinarily be executed between the hours of five o'clock in the morning and ten o'clock at night, but the Judge, Magistrate or Justice of the Peace issuing the same may by an order endorsed thereon, give authority for its execution at any other time. 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. 193. same were a judgment debt in the above mentioned Court.

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