70 of The advice and consent of the House of Representatives in this 1964 Present Parliament assembled, and by the authority of the same, as follows:. (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. Whenever it is made to appear to a Judge, by summons . (Local Courts Act No 20 of 1963) Courts Act of 1965 Do (lower) courts apply / accept customary law or religious law? There shall be no challenge to the array, and no accused person shall be admitted to any peremptory challenge above the number of three. (2) If two or more of the assessors are prevented from attending or absent themselves, the proceedings shall be stayed and a new trial shall be held with the aid of fresh assessors. (2)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. Particulars of Offence A. 227. 5. Issued under my hands this.day of.19. MEDICAL CERTIFICATE OF DEATH AFTER EXECUTION OF OFFENDER, I,.the Medical Officer in charge of the prison at.(or as the, case may be) hereby certify that I this day examined the body of..on whom judgment of. The names of jurors, who shall be dead, disqualified, or no longer resident in the district, shall be passed over by the Sheriff in forming a panel. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of 155. Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. This Act may be cited as the Administrator of Estates Act, it shall come into force on such day as the President may fix by notice in the Gazette, and shall apply throughout Sierra Leone except in respect of the estate or part of the estate of the deceased native which is within the jurisdiction of a Local court. (2) The following persons shall be charged and tried together, namely. The conditions hereinbefore referred to are the following, a. the deposition must be the deposition of a witness whose attendance at the trial is stated to be unnecessary in accordance with the provisions of section 127, or of a witness who cannot be found, or whose attendance cannot be procured without an amount of delay, expense or inconvenience which in the circumstances of the case, the court considers unreasonable, or who is proved at the trial by the oath of a credible witness to be dead or insane, or so ill as not to be able to travel, or to be kept out of the way by means of the procurement. Interpretation. 158. Any person, who on any examination on oath under any of the provisions of this Act willfully and corruptly give false evidence, shall be guilty of perjury. PART I - GENERAL PROVISIONS PROCEDURE 3. This form must be used when as offence with which the defendant is charged is punished only by a fine. (1) Where the accused is defended by counsel who states that no witness as to the facts will be called except the accused, the Court shall require the accused to make his unsworn statement or give his evidence, as the case may be. 107. 113. 73. 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. (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. (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. 26. 6 of the Convention The Sheriff or Deputy Sheriff shall, as soon as may be after having received a copy of the indictment and notice of trial, and three days at least before the day specified therein for trial, or within such lesser time as the Court may for good cause order, by himself or other person authorized by him, deliver to the party charged the said copy and notice and explain to him the nature and exigency thereof, and when the said party is not in custody or shall have been admitted to bail and cannot readily be found, he shall leave a copy of the said indictment and notice of trial with some person of his household for him, at his dwelling house and if none such can be found, shall affix the said copy and notice to the outer or principal door of the dwelling house of the party charged: a.in any such case where an indictment is signed and filed without previous investigation and committal for trial, the accused shall be entitled to at least seven days notice as aforementioned; b.nothing herein contained shall prevent any person in custody or awaiting trial at the opening of or during any sessions, from being tried thereat, if he shall have been served with a copy of the indictment and notice of trial not less than three days or seven days, as the case may be, before the date on which he is to be tried; c.such last-mentioned period of three days or seven days may be reduced to a shorter period, if any such person shall express his assent thereto and no special objection be made on the part of the Crown. 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. 37. The Court may, in any circumstances in which the Court has power upon summary conviction to issue a warrant of commitment to prison in respect of the non- payment of a fine or penalty, in lieu of issuing such warrant, issue a warrant of detention in a police station, and unless the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), is sooner paid to the constable holding the warrant, the warrant shall authorise any constable to convey the person named therein to any convenient police station and for that purpose to arrest him, and shall authorise the officer in charge of any police station to detain him there till the hour of eight in the morning on the day following that on which he is arrested under the warrant or, if he is so arrested between mid-night and eight in the morning on any day, on that day: Provided that the officer in charge of the police station in which a person is detained under this section may discharge him at any time within two hours before the hour of eight in the morning if the officer thinks it expedient so to do in order to enable him to go to his employment or for any other reason appearing to the officer to be sufficient. If the defendant does not attend upon the return, the court may forthwith issue a warrant and commit him to prison for such term as the court may then fix. Any constable or other person authorised to make an arrest may break out of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. THE COURTS (AMENDMENT) ACT. WHEREAS by a warrant dateda certain.(name) of, (address) was committed to your custody there to abide until after the trial, of.before the Supreme Court on a charge. 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. 74. 206. 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. Such punishment may be inflicted summarily on an order to that effect by the Court, and any fine imposed shall be recoverable by distress and sale of the moveable and immoveable property of the person fined, by warrant of distress to be signed by the Registrar of the Court, which warrant shall be issued by the Sheriff without further order of the Court, if the amount of fine is not paid within six days of its having come to his knowledge by notice or otherwise that the fine has been imposed, if imposed in his absence. 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. 6. 204. "A.B. Leone, and that they were then able to supply certain articles of jewelry to whomsoever would remit to them the sum of twenty leones. Powers of Director of Public Prosecutions. Passed in the House of Representatives this 5th day of October, in the year of Our Lord one thousand nine hundred and sixty-five. Restitution of property stolen or its value. I hereby declare my self surety/we hereby jointly and severally declare ourselves sureties said, (name of accused) that he will be and appear before the said, .Court when called upon to answer the charge against him and will continue so to appear. 7. PART V - SPECIAL TRIALS TRIAL OF CORPORATIONS. (1) When in the course of a trial of preliminary investigation (but not an inquest) the Court has reason to believe that the accused or the defendant is of unsound mind and consequently unable to make his defence, it shall order the accused to be confined in a mental hospital for a period of thirty days for observation. These Rules may be cited as the Criminal Procedure Rules. 0000002339 00000 n Offences by public officers abroad and offences on aircraft. INTRODUCTION The Rule of Law and Due Process have been the distinguishing factor which upholds the democratic tenants and constitutionality of states across the world, and it ensures that governments and the governed coexist in a healthy and responsible manner which oils the wheels of the state, and aids its productivity legally, 0000005510 00000 n 59. (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. Control of Attorney-General over Criminal Proceedings. (2) State amount in which each surety is separately bound, followed by his signature or mark. (3) Nothing in this section gives a right to cause the death of any person except when a constable or private person is legally attempting to arrest the person killed, upon a charge or treason, felony or inflicting a dangerous wound and the arrest of such person cannot otherwise be accomplished. 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. (1) If the jury are not unanimous, the Judge may require them to retire for further consideration. 7. Persons charged with misdemeanour not to be acquitted if offence proved felony. 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. (6)The accused who is to be admitted to bail shall procure such surety or sureties as in the opinion of the Court will be sufficient to ensure his appearance as and when required, and shall with him or them enter into a recognisance accordingly. E. M., on the..day of.At.in the Western Area of Sierra Leone, sold, uttered, and. 10. Prosecutor and witnesses may be required to enter into recognisances. Where a person is convicted of any felony or misdemeanour or any offence punishable by imprisonment (other than an offence for which the sentence is fixed by law) the Court may, in its discretion, sentence him to a fine in addition to or in lieu of any other punishment to which he is liable. and obscene libel the particulars of which ate deposited with this indictment. But that whatever you shall now say may be given in evidence notwithstanding such promise or threat. 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. THE COMPANIES ACT, 2009 (ACT NO. 56. 32. (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. 164. (1) Subject to the exemptions in subsection (2) every male person between the ages of thirty and sixty years who is resident in Sierra Leone and is literate in English shall be liable to serve. 237. 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. 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. DATED this.day of.19. b. 1 of 2006; Sierra Leone Citizenship Amendment Act No. (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. 90. 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. B. was a servant to J. S. and the he, said A. (1) Where the accused person is not defended by counsel and state that he does not intend to call any witness as to the facts except himself, the Court shall forthwith call upon the accused to make his statement or say nothing or give evidence on oath as to the facts, and after his cross-examination (if any) he shall be permitted to address the Court if he so desires and to call any witnesses as to character. (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. 124. 150. (1) If from the absence of a witness, or from any other reasonable cause recorded in the minutes the Court considers it advisable to adjourn the preliminary investigation and the accused is not admitted to bail, the Court may, by warrant, from time to time, remand the accused for a reasonable time, not exceeding eight clear days at any one time, to some prison or other place of security. 211. (2) The powers conferred upon the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (1) shall be vested in him to the exclusion of any other person or authority: Provided that, where any other person or authority has instituted criminal proceedings nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the Court. (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. (5)The forms set out in the Appendix to these rules, or forms conforming thereto as nearly as may be, shall be used in cases to which they are applicable; and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case. (2) The signature and attestation of the Judge or Magistrate by whom such statement was taken shall be sufficient prima facie proof of any statement, and that the same was taken in all respects according to law, and such attestation and signature shall be admitted without proof unless the Court shall see reason to doubt the genuineness thereof. newspaper, falsely representing that A. Fines, detention in police station in lieu of imprisonment. With the offence. Assented to in Her Majesty's name this 1st day of October, 1965. Conviction of assault with intent to rob on charge of robbery. The High Court of Sierra Leone is divided into the: General Civil Division; Criminal Division; Commercial and Admiralty Division; Family and Probate Division and Land and Property Division. If the accused states that he has witnesses to call, but that they are not present in Court, and the Court is satisfied that the absence of the witnesses is not due to any fault of the accused, and that there is a likelihood that they could, if present, give material evidence on his behalf, the Court may adjourn the investigation and issue process, or take other steps, to compel the attendance of such witnesses. (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a, person comes into question, the declaration of the, whether it be made in the presence of the accused or not, may, at the discretion of the Court be given in evidence if the. (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. Power to take depositions of persons dangerously ill. 62. (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. 36. AND whereas the said..when so called upon did refuse to Enter into such recognisance: Now these are to command you to receive into your custody the said..and safely to deep him until after the. 82. 192. (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. 4, pp. Sierra Leone, enacting jurisdiction. PART VI - EXECUTION OF SENTENCES CAPITAL SENTENCES. (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. 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. The Court, having heard the witnesses and other evidence adduced, and what may be alleged by the parties themselves or their counsel, shall consider the whole matter, and finally determine the case, and shall either convict the accused or the defendant and pass sentence or make an order against him according to law or acquit him as the case may be and shall cause a record to be made of the point or points for determination, the decision therein and the reason for the decision: Provided that the Court may, at any time before such final determination upon being satisfied that there are sufficient grounds for doing so, allow the prosecutor to withdraw any charge against the accused or the defendant whereupon such charge shall be deemed to be dismissed. (1) Notwithstanding anything contained in sections 76 and 77 where it is certified by the superintendent of a mental hospital or other medical practitioner appointed for that purpose by the Chief Medical Officer, that the mental balance of the accused would be jeopardised by the strain of a trial, the proceedings against the accused shall not be continued unless the Attorney-General informs the court that he considers it essential in the public interest for the trial to proceed. Its value as a juridical weapon has been recently demonstrated by the historic achievement of the West African State of Sierra Leone in the prosecution and conviction by the United. in order to hear the statement which I propose to take from the said Now these are to command you to produce the said prisoner at.(place) at..m. on.the.day of..next there to continue until the said statement shall have been. (1) Unless otherwise ordered by the Court, the jury shall return a verdict on all charges on which the accused is tried, and the Judge may ask them such questions as are necessary to ascertain what their verdict is. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. (3) Where two or more persons are charged jointly if they do not all duly elect to be tried by the Court with the aid of assessors or by a Judge alone, they shall be tried by the Court with a jury. 83. The persons named in such notices, and such other persons as the Magistrate may require, shall be bound to attend such sitting. 85. 4. Payment out of small intestate estates 12. 80. 122. (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. 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