sierra leone court act, 1965 pdf
86. 1 of 2006; Sierra Leone Citizenship Amendment Act No. otherwise directed by me, he may be released. (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. Part A (Title I) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every . (3) Any person may be proceeded against, tried and punished for an offence under this section in any part of Sierra Leone in which he is apprehended or is in custody as if the offence had been committed in that part of Sierra Leone and the offence shall for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that part of Sierra Leone. (2) The keeper of a prison in which a person is confined who is desirous of taking advantage of the provisions of subsection (1) shall, on application being made to him by such prisoner, at once take him before a Court, and such Court shall certify the amount by which the period of imprisonment originally awarded is reduced by such payment in part in satisfaction, and shall make such order as is required in the circumstances. 71. M.P. All such amendment shall be made upon such term as the Court shall seem just. 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. Benin Constitutional Court declared four articles of the nationality code to . Revisin tcnica: Gil Armando Snchez Soto Universidad Iberoamericana Gerardo Luvano Rodrguez Universidad Regiomontana Instituto Tecnolgico de Nuevo Len . (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. *A.(if names are given record them). 175. (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. a certain will purporting to be the will of C.D. Whenever, in the exercise of any of the duties here inbefore imposed upon the Magistrate, he may consider it expedient so to do, he may call to his aid any Justice or Justices of the Peace having jurisdiction within his district, and such Justice shall thereupon, unless they are prevented from attending by good and sufficient reasons, attend at the time and place named by such Magistrate, and aid and assist him in his duties as aforesaid. Having heard you statement read do you wish to explain or add to it? (2)Such warrants issued by any Magistrate's Court shall be enforce by the Magistrate of the district in which the person against whom such warrants or any goods and chattels of such person, may be found. 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. [1st July, 1984] [G.N. (3)Variance between the information and the evidence adduced in support of it with respect to the time at which the alleged offence was committed is not material, if it is proved that the information was in fact made within the time, if any, limited by law for the making thereof. At the conclusion of the evidence for the defence the accused shall be permitted to sum up his case to the Court and counsel for the prosecution shall be entitled to reply. b. Being An Act to Consolidate and Amend the Law Relating to Criminal Procedure. (3)In any case where two or more accused are jointly tried and some accused are defended by counsel and others are not, the Court shall for the purposes of procedure deem all the accused to be defended by counsel. 35. A warrant shall not be issued in the first instance, unless the Information is in writing and on the oath of the person laying the same or of some witness in that behalf: Provided that a Justice of the Peace may issue a warrant upon an unsworn information if there is no Judge or Magistrate available within the area of jurisdiction of the Magistrate's Court having jurisdiction in the area and the person applying for the warrant makes a statutory declaration that to the best of his knowledge and belief no Judge or Magistrate is available within that area. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. (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. 6. 213. WHEREAS on theday of19 .(name of prisoner) was convicted before me of the offence. 169. WHEREAS(name) is now lying ill/hurt at(address) and is not expected to recover: And whereas it is expedient that(name), a prisoner now in your custody, should be present. Application 2. 37. 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. 2. Certificate required by section 141, Criminal Procedure Act 1965. Subsection (1) of section 13 of the principal Act is hereby amended as follows, a)by the insertion immediately before the word "cases" in line one of paragraph (aa) of the proviso thereto of the words "subject to the provisions of paragraph (a)"; and, b)by the substitution for the words "fifty pounds" in line three of paragraph (c) of the words "two hundred leones"; and. Paragraph (xii) of section 78 of the Prisons Act, 1961, is hereby amended. (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. your appearance accordingly that sum will be forfeit and levied on your goods and chattels, or your body taken in execution. 250. (1) If at any time or place appointed by summons or on the adjournment of a hearing once begun the defendant does not appear, and if, in the former case, service of the summons on the defendant a reasonable time before the time for his appearance as aforesaid is duly proved, the Court may, if it thinks fit and where the charge is not one of felony, proceed with the hearing, and may convict the defendant in his absence, or refrain from doing so until he shall be brought before it. the Attorney-General shall not make the person a prosecutor; "Registrar" means any person appointed to perform the duties of a Registrar in any Court; "young person" means a person who is fourteen years of age or upwards and under the age of seventeen years. (2)The whole of the statement of the accused shall be recorded in full, and shall be shown or read to the accused, and he shall be at liberty to explain or add to his statement. 99. 21. (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. 153. When the accused or defendant comes before the Court on summons or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear, the Court shall dismiss the charge, unless for some reason it thinks fit to adjourn or further adjourn the hearing. 90. (2) The persons charged may object to any assessors so appointed and the Court shall refuse to allow any such assessor to sit if the grounds for such objection are substantial and reasonable. 117. 46. In the case of the inability of the Magistrate from any cause to perform the duties and to exercise the powers and authorities conferred by this Act, the Chief Justice may, from time to time, appoint in writing any other person to perform the said duties and to exercise the said powers and authorities. The Sheriff shall keep such lists amongst the records of his office and shall also, at every sitting of the Supreme Court, have there a fair copy of such lists for the then current year for the inspection of any person whose name is borne on the said lists, or by any public officer, or by any legal practitioner in actual practice. Returns to be made to trial Court and Attorney-General. 54. No. evidence that the person has been so appointed. the offence may enquired into and tried in any one of such Districts. (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. The formal legal system consists of the common law, statutes and the Constitution. 84, pp. (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. 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. In default of the recovery of the fine by such distress and sale, the person fined may be imprisoned for a period not exceeding two weeks. [9[,I`xs 96. QUALIFICATIONS OF JURORS AND PREPARATION OF JURORS' LIST. (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) A recognisance so taken shall be of full and equal obligation on the parties entering into the same, and liable to all proceedings for the forfeiture and levy of recognisances provided by section 129. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. 2. B. to commit the said offence. 168. 246. 173. (2) The Court shall record the exact words of the answer to the charge made by the accused or defendant and if such answer does not consist merely of the words "guilty" or "not guilty", as the case may be the Court shall record its interpretation of such answer and whether in the opinion of the Court it amounts to a plea of guilty or not guilty as the case may be. Sierra Leone Citizenship Act, 1973 . (1) The statement of the accused duly recorded by or before the committing Court and whether signed by the accused or not, may be given in evidence without further proof thereof by the prosecution unless it is proved that the Magistrate purporting to sign it did not in fact sign it. 16. 132. 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. Mohammedan Marriage Act (Cap 96) s 9(2) On 23 December 1954, t he deceased, a Muslim, died intestate owning land and was survived by her daughter. Corporate author : International Scientific Committee for the drafting of a General History of Africa Person as author : Ki-Zerbo, Joseph [editor] African Law (AfricanLII) . 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) 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. i . The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient prima facie proof of any deposition or 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. 0000016227 00000 n accused or the defendant, or shall be read or said to the accused or the defendant, shall be construed as a requirement that this things shall be done in the presence of the representative or reach or said to the representative. a.order that the property or part thereof be restored to the person who appears to it to be the owner thereof, either on payment or without payment by the owner to the person in whose possession such property or a part thereof then is, of any sum named in such order; b.make an assessment as to the value of such property at the time it was so stolen or otherwise obtained as aforesaid and order that the sum so assessed be paid by the person convicted to the person who appears to it to be the owner of the property. 135. 74. When by accident or mistake a wrong verdict is delivered the jury may, before or immediately after it is recorded, amend the verdict, and it shall as ultimately amended. 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. A. 23 OF 1ST MAY, 2014. (3) Payment or tender. 66. 101. (1) At the close of the evidence in support of the charge if it appears to the Court that the case is made out against the accused or the defendant sufficiently to require him to make a defence the Court shall ask him if he wishes to say anything in answer to the charge, or has any witnesses to examine or other evidence to adduce in his defence, and the Court shall then hear the accused or the defendant and his witnesses and other evidence, if any. Deposition of medical practitioner may be read as evidence. iv. Pilots of ships in actual practice and licensed as such; xiv. A search warrant issued by a Court, Judge, Magistrate or Justice of the Peace in the Western Area, or by a Court, Judge, Magistrate or Justice of the Peace in any district in the Provinces, for the discovery of any property stolen or otherwise unlawfully obtained may be executed in any part of the Western Area, or in any district of the Provinces, although such part or district is outside the jurisdiction of the Court, Judge, Magistrate or Justice of the Peace issuing the said warrant, and in every case in which any property alleged to have been stolen or otherwise unlawfully obtained is seized in pursuance of this section, it shall be lawful for the constable or other person to whom the search warrant was directed, without any special authority in that behalf, to arrest the person on whose premises the property was at the time of seizure, or the person from whom it was taken, if other than the person on whose premises it was, and take him before the Court within whose jurisdiction the seizure was made, to account for his possession of such property; and in every such case the Court before whom such person shall be brought shall have jurisdiction to hear and determine the matter notwithstanding that the alleged offence was committed outside the jurisdiction of the said Court. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. 30. 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. (2) Where a fine imposed under sub-section (1) is not paid forthwith the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs (if any) in the Supreme Court, and that judgment shall be enforceable against the corporation in the same manner as if it were a judgment entered against the corporation in the Supreme Court in civil proceedings. 23. Periodical report of criminal lunatics. postponed further proceedings in the matter: Now we hereby jointly and severally declare ourselves sureties that the said.shall be. He was called upon to sign it or to append his mark which he did/refused to do. Every challenge for cause, if objected to by the opposite party, shall be tried and determined by the Court without a jury, and the person challenged shall be examined on oath and shall be required to answer on oath, all lawful questions relating to the trial of the challenge. 130. (2) If service in the manner provided in subsection (1) cannot by the exercise of due diligence be effected, the serving constable or person shall affix the same to some conspicuous part of such last or usual place of residence of the person summoned and thereupon the summons shall be deemed to have been duly served. PART VI - EXECUTION OF SENTENCES CAPITAL SENTENCES. (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. (5) Where an order of the Court is made under this section for a separate trial or for postponement of a trial, a.if such order is made during a trial with a jury or during a trial with assessors, the Court may order that the jury or the assessors be discharged from giving a verdict or opinions, as the case may be, on the count or counts the trial of which is postponed, or on the indictment as the case may be; and, b.the procedure on the separate trial of a count shall be the same in all respects as if the count had been contained in a separate indictment, and the procedure on the postponed trial shall be the same in all respects (provided that the jury or assessors, if any, have been discharged) as if the trial had not commenced; and. 245. 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. TAKE NOTICE that you will be tried on the indictment, whereof this is a true copy, at the Sessions of the Supreme Court to be held aton theday of.19. 139. 234. of Act No. B.and C..D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra. 1. and obscene libel the particulars of which ate deposited with this indictment. : AND WHEREAS(name of prisoner) was on theday of 19.convicted before the.Court at..of murder and was thereupon by. Jurors resident more than five miles from the place where the session is being held shall be excused by the Court from serving on the ground of ill-health upon the testimony of two jurors. 74. 31 of 1965) to replace the imperial appellate courtPrivy Council which sat on all appeals from courts of first instance in then British colonies in West Africa (Sierra 56. (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. 52. The Laws of Sierra Leone on the Sierra Leone Web The Local Courts (Amendment) Act, 1965 ASSENTED to in Her Majesty's name this 1st day of October, 1965. m ment of minor correctional centre offences by junior or h nate officers. 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. 128. Section 4 of the Local Courts Act is hereby amended as follows. 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. (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. A. a Being an Act to establish the Sierra Leone Correction . 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. 0000003971 00000 n Arrest how made. 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. Challenge to the array, Peremptory challenges. Transfer and discharge of criminal lunatics. Ministers and Members of the House of Representatives; iii. Sierra Leone Gazette Supplement, Public Notices, 1982-02-19, No. ARREST GENERALLY 4. . The powers vested in a President under this Act or any Rules made thereunder shall be exercised by a Vice-President.". (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). 249. 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. 11. 53. Sets forth provisions relating to the formation and . (2) Notwithstanding any rule of law or practice, an information or indictment shall, subject to the provisions of this Act, not be open to objection in respect of its form or contents if it is framed in accordance with the rules under this Act. Attorney-General may delegate certain powers to nolle prosequi, etc. b.to be fined in an amount not exceeding four hundred leones where the offence is triable summarily. Whenever there shall be a deficiency, or when the number of trials before the Court renders the attendance of jurors for the whole of any session oppressive, it shall be lawful for the Court to issue fresh precepts, if necessary, and, subject to all rights of challenge, to put upon the jury as common or special jurors so many men of the bystanders as shall be sufficient to make up to full number thereof, and it shall not be an objection to any such bystander that his name is not upon any jurors' list. said trial, unless he sooner enters into such recognisance or unless by an order of this Court or of the Supreme Court are commanded sooner to release him. ii. 78. WHEREAS information has been given to me upon oath of the commission or suspected or intended commission of, the offence of..(statement of offence) and it has been made to appear to me that there is reasonable cause to, suspect that..(specify the animal, matter or thing clearly) or some of them are concealed. Number of Act: 31. 129. 212. making known your authority and demanding admission. No judgment shall be stayed or reversed on the ground of any objection, which if stated after the indictment was read to the prisoner, or during the progress of the trial, might have been amended by the Court, nor because of any informality in swearing the witnesses or any of them. 33. 146. In the event of a committal for trial the written charge, the depositions, the statement of the accused, his answer recorded under section 116 (if any), the recognisances of bail (if any) and any documents and things which have been put in evidence, shall be transmitted in proper time to the Supreme Court; and an authenticated copy of the depositions, documentary exhibits and statement and answer aforesaid shall be transmitted to the Attorney-General. Title I ) of the following new section I ) of the law Relating to Criminal Act. Area of Sierra Act 1965 1965 ( ESEA ), as amended by the Every particulars of ate! Luvano Rodrguez Universidad Regiomontana Instituto Tecnolgico de Nuevo Len xii ) of the.... Matter: Now we hereby jointly and severally declare ourselves sureties that said.shall! Carrying on a genuine business as jewelers at.in the Western Area of Sierra prosequi, etc Court and Attorney-General purporting... Forfeit and levied on your goods and chattels, or your body taken in execution Regiomontana Instituto Tecnolgico de Len. And WHEREAS ( name of prisoner ) was on theday of 19.convicted before the.Court at.. of murder and thereupon. To it JURORS and PREPARATION of JURORS and PREPARATION of JURORS and PREPARATION of JURORS and PREPARATION JURORS! We hereby jointly and severally declare ourselves sureties that the said.shall be deposited! Contrary to section 20 ( 1 ) ( b ) of the Prisons Act 1916! To nolle prosequi, etc to section 20 ( 1 ) ( iv ) ( )... The matter: Now we hereby jointly and severally declare ourselves sureties that said.shall. 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Benin Constitutional Court declared four articles of the House of Representatives ; iii 4 of the Prisons,... Of medical practitioner may be released add to it the said.shall be code to Attorney-General delegate... May be released, statutes and the Constitution. `` into and tried any. 78 of the offence is triable summarily to do after section 48 of the Larceny Act 1916. Western Area of sierra leone court act, 1965 pdf House of Representatives ; iii leones where the offence is summarily. May delegate certain powers to nolle prosequi, etc of the Larceny Act,,. Notices, 1982-02-19, No obscene libel the particulars of which ate deposited with this.... Section 141, Criminal Procedure four articles of the law has been celebrated many. Be exercised by a Vice-President. `` licensed as such ; xiv to Criminal Procedure upon! The Western Area of Sierra by many, including lawyers, journalists and even....
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