sierra leone court act, 1965 pdfpulte homes raleigh corporate office

WHEREAS by a warrant of distress dated the..day of. 19, it was, ordered that distress be lived against the goods and chattels, of(name of offender) for the sum. (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. 86. (3) Order for enlargement of bail, cancellation of bail, transfer to a bond, etc. In the event of the accused giving his consent to the case being dealt with summarily, the Court shall call upon him to plead to the information, and forthwith inform him of his right to recall all or any of the witnesses for the prosecution, who shall have been heard, and to subject them to any further cross-examination. prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of..against And whereas it has been made to appear to me be information upon oath that the said.. is about to go. Challenge to the array, Peremptory challenges. Order for amendment of indictment, separate trial and postponement of trial. (1) Order for payment of money. are). 133. 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 32. (2) If the accused is undergoing imprisonment, a warrant to bring him before the Court may be directed to the Keeper of any prison within which the accused is confined. 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. Teachers in public and private schools; xi. (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"). DATED this..day of . But if afterwards, from want of sufficient evidence or other cause, the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharged. (2) Where an indictment is so amended, a note of the order for amendment shall be endorsed on the indictment, and the indictment shall be treated for the purposes of all proceedings in connection therewith as having been filed in the amended form. (1) All prosecutions on indictment in the Supreme Court shall be conducted by a Law Officer or a legal practitioner. (1) Whenever a Member of the House of Representatives or a public officer is, a.arrested or detained in custody upon the warrant or order of a Court; or. c.that such an order is otherwise expedient for the ends of Justice. 226. 244. Proof of service outside local limits of jurisdiction. 75. 0000003117 00000 n A. Arrest, etc., of Member of Parliament or public officer to be reported. 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. 0000003076 00000 n (4) If the case is one in which bail may not be taken, or if sufficient security is not given, the Court shall report to the Minister who may order the accused to be confined in a mental hospital, prison or other suitable place of safe custody, and the Court shall issue a warrant in accordance with such order. Trial of children and young persons. 2. (3)Where for any reason whatsoever the trial of the accused cannot take place on the day named on the warrant it shall be lawful for any Judge or Magistrate to extend by endorsement on the warrant the time stated thereon. Country/Territory Sierra Leone Document type Legislation Date 1965 Source FAO, FAOLEX Subject Agricultural & rural development, Land & soil Keyword Agricultural development Institution Court/tribunal Legal proceedings/administrative proceedings Access-to-justice Geographical area 125. 61. Expenses of distress Expenses of commitment Expenses of conveyance to prison. The room or place in which the investigation is held shall not be an open or . It does not, though, regulate the use of force by the Sierra Leone Police Force beyond the provision in Section 16(2) cited above. 218. 192. 160. Certain scientific reports to be evidence. 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. Both systems have been given legitimacy by the constitution and other statutory instruments. B., on the.day ofatin the Western Area of Sierra Leone, maliciously set fire to. How warrants addressed, and by whom executed. An offence shall be enquired into and tried in the Judicial District in which it was committed. (1) The Minister may from time to time by order direct the transfer to a mental hospital, prison or other suitable place of safe custody of any criminal lunatic detained in any other mental hospital, prison or other suitable place of safe custody and such criminal lunatic shall accordingly be received and detained in the mental hospital, prison or other place of safe custody, to which he is so transferred. ORDER 9 PETITIONS-GENERAL PROVISIONS 1. the said..shall be forthwith set a liberty. (7)The Court may dispense with sureties if, in its opinion, its so dispensing will not tend to defeat the ends of justice. b. (3) Payment or tender. 154. . b.sentenced by a Court to a term of imprisonment, the Registrar or other proper officer of the Court shall soon as may be practicable, inform, i.in the case of a member of the House, the Speaker, and. 42. (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. 209. Persons charged with misdemeanour not to be acquitted if offence proved felony. A. B., on the..day of.at.in the Western Area of Sierra Leone, uttered a certain forged will. 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. 95. Procedure where accused consents to summary trial. 228. The Magistrate in charge of each Judicial District shall, between the 1st day of August and the 1st day of November in every year, make lists of the persons resident in each town or place within his district who are, in his opinion, qualified and fit to serve as jurors, setting out the name, occupation and place or resident, and the nature of the qualification of each person and shall, within ten days after the 30th day of November in each year cause true copies of such lists to be posted in some conspicuous place on his Court House, on the police stations and churches and chapels in his district, for the inspection of the public, where they shall be permitted to remain for a period of three weeks, to the end that any persons may apply to him by notice in writing, to have their names either added to or struck off such lists upon cause duly assigned in such notice. (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. 123. 2. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. 116. 148. (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. (2) The Minister may by order absolutely discharge any criminal lunatic and may also discharge any criminal lunatic conditionally, that is to say, on such conditions as to the duration of such discharge and otherwise as the Minister may think fit. (2) The Attorney-General may in writing revoke any order made by him under this section. (2) A representative for the purposes of this Part need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this Part shall be admissible, without further proof, as prima facie evidence that the person has been so appointed. (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. Powers of Director of Public Prosecutions. 245. 29 The Local Courts (Amendment) Act, 1965 [1st October, 1965.] 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. 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. The law, the draft of which was tabled in Parliament under a "certificate of urgency" signed by Sierra Leone's President, appears to have been necessitated by a July 13, 2008, incident in which a South American aircraft filled with cocaine landed in a Sierra Leonean airport, serving as a wake-up call that current laws were out of date. If too long for this space continue overleaf). (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. 134. B., on the.day of..at..in the Western Area of Sierra Leone , with intent to defraud, obtained. Statement of Offence Damaging trees, contrary to section 22 of the Malicious Damage Act, 1861. Thereafter counsel for the prosecution may address the Court and counsel for the defence may reply and shall then call his witness (if any) as to the character of the accused. Having, heard the evidence do you wish to say anything in answer to the charge (or charges)? d.Nothing in this Act shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage. 23 dated 1st May, 2014 PRINTED AND PUBLISHED BY THE GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE. (3) Such person may pay or tender to the officer having the execution of the warrant the sum therein mentioned together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon the officer shall cease to execute the same. 73. Part 2 regulates summary trial; Part 3 preliminary investigations. 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. 122. 1960 (SLE-1960-L-28611) Employers and Employed Act (Chapter 212) [consolidated to 1960] In the..Court.at. (a) a Judge may on the application of the prosecutor, direct a Law Officer to sign the indictment and the indictment shall be signed accordingly; b.the provisions of this section shall not be construed so as to derogate from the powers conferred upon the Attorney-General by section 44 of this Act or section 73 of the Constitution. 121. 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. Procedure in preliminary investigation. (1) Where in the course of a criminal trial any member of the jury dies or is discharged by the Court as being through illness incapable of continuing to act or for any other reason, the jury shall nevertheless, subject to assent being given in writing by or on behalf of both the prosecutor and the accused and so long as the number of its members is not reduced below ten, be considered as remaining for all the purposes of that trial properly constituted and the trial shall proceed and a verdict may be given accordingly. Whenever a Magistrate's Court issues a summons in respect of any offence other than a felony, it may if it sees reason to do so, and shall when the offence with which the defendant is charged is punishable only by a fine or by imprisonment not exceeding three months (whether with or without a fine) dispense with the personal attendance of the defendant, provided that he pleads guilty in writing or is represented by a legal practitioner. (a) The wife or husband of a person charged with an offence under sections 48 to 55 of the Offences against the Person Act, 1861, may be called as a witness either for the prosecution or defence and without the consent of the person charged. 219. Download: Slone Links. 236. 76. (3) Property belonging to or provided for the use of any Government Establishment, service, or department, may be laid as the property of Her Majesty the Queen. (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. (Here record statement of accused. Where a sentence or conviction does not order the payment of money, but orders that the offender be imprisoned, the Court shall issue a warrant of commitment accordingly. h.Nothing in this Act shall effect the provisions of section 18 of the Indictable offences Act, 1848, or other right of the person charged to make a statement without being sworn. 7. (2) When a person is charged with any felony, other than murder or treason, the Court may, if it thinks fit, admit him to bail. (1) At the close of the evidence for the prosecution and after the statement of the accused person before the committing Court has been put in evidence the Court shall in cases where the accused is not defended by counsel inform him of his right to address the Court, to give evidence on his own behalf of to make an unsworn statement and to call witnesses in his defence and in all cases shall require him or his counsel to state whether it is intended to call any witness as to fact other than the accused person himself. (1) ) Every person by pleading generally the plea of "not guilty" shall, without further form, be deemed to have put himself upon his trial, and in any plea of autrefois convict or autrefois acquit it shall be sufficient for any person to state that he has been lawfully convicted or acquitted (acquitted as the case may be) of the said offence charged in the indictment. 10. 146. [1st July, 1984] [G.N. to receive the said cloth on behalf of the said J.S. SierraLII publishes the law of Sierra Leone for free online access. him at liberty returning this warrant with an endorsement certifying the manner of its execution. Section 4 of the Local Courts Act is hereby amended as follows, a)by the insertion immediately after the word "Vice-President" in line 2 of subsection (1) thereof of the words "or Vice-Presidents where he considers it necessary to appoint more than one"; and. 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. Behalf of the Malicious Damage Act, 1916 statutory instruments or place in which the investigation is held shall be! Public Officer to be acquitted sierra leone court act, 1965 pdf offence proved felony of offence Damaging trees, contrary to 20. 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