Statement of Offence Uttering counterfeit coin contrary to section 6 of the coinage Offences Act, 1965, B.,on the.day of.in the public market atin the Western Area of Sierra Leone, uttered a. counterfeit coin, knowing the same to be counterfeit. When such special findings is made the Court shall order the accused or the defendant to be kept in custody as a criminal lunatic in such place and in such manner as the Court shall direct, and shall report the case for the order of the Minister. In any information or indictment against any person in which evidence of the previous conviction, or acquittal of such person for any offence is relevant to the issue, a certificate containing the substance and effect only (omitting. It was ratified by Parliament on 15 December 2011 and signed into law on 1 February 2012. (b) It shall not be necessary to aver in any information or indictment that the certificate of the Attorney-General required by this section has been given; and the fact of the same having been given shall be presumed unless disputed by the defendant at the trial; and the production of a document purporting to be signed by the Attorney-General and containing such consent and certificate shall be sufficient evidence of the consent and certificate required by this. 195. authority for the detention of such person. The omission to comply with any provision of this Part shall not make the execution of judgment of death illegal in any case where such execution would otherwise have been legal. 196. Private person may arrest without warrant. (2)The Principal Immigration Officer shall during the first week of August in each year furnish the Senior Police Magistrate in Freetown, with a list of names of all aliens known to him to be resident in the Western Area. The room or place in which the Court sits to hear and determine the charge shall be an open and public Court, to which the public generally shall have access as far as it can conveniently contain them. on theday ofand on divers days between That day andday, ofatin the Western Area Province of Sierra Leone, conspired together with intent to defraud by. Where any person is to be sent in custody in pursuance of section 37, a warrant shall be issued by the Remitting Court and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him and deliver him up to the Court to which the person charged is remitted for trial. 146. In theCourt at. All warrants to enforce the payment of money due in respect of fines, penalties and forfeited recognizances shall be sufficiently addressed for execution by being directed in the Western Area to the Sheriff, and in the Provinces to the Sheriff of the Province or the Deputy Sheriff of a district. (4)Where the jurors are not unanimous in their findings the Judge shall, after the lapse of such time as he thinks reasonable, discharge the jury. 204. B., on the.day ofatin the Western Area of Sierra Leone, maliciously set fire to. Hb```f````c` 6Pa'C Vbq310g`g``}p@v/q* @Y`;+^|& bi55 #
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a.any person who in his presence commits a felony; b.any person whom he suspects of having committed a felony, if such felony had actually been committed and such private person has reasonable grounds to believe that the person arrested has committed that felony; c.any person offering to sell, pawn or deliver any property which such private person has reasonable grounds to believe to be stolen property; d.any person about to commit an act which would manifestly endanger another person's life; e. any person detaining or suspected of detaining any other person with the intent to kidnap or unlawfully remove him from Sierra Leone. Periodical report of criminal lunatics. [1st October, 1965.] The Court upon committing an accused person for trial may bind by recognizance, with or without a surety or sureties, as it may deem requisite, the prosecutor and every witness to appear at the trial to prosecute and give evidence or to give evidence (as the case may be). 135. Being an Act to provide for the establishment and operation of Local Courts, the administration of justice in the provinces and for other related matters. (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. Courts Act,1965. THE COMPANIES ACT, 2009 (ACT NO. 224. Section 29 of the principal Act is hereby amended as follows. 0000003948 00000 n
Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. 29 The Local Courts (Amendment) Act, 1965 [1st October, 1965.] When the jury have considered their verdict, the foreman shall inform the Judge what their verdict is, or that they are not unanimous. 1. Where the defendant does not appear personally and pleads guilty in writing under section 21, the Court may proceed to conviction notwithstanding the absence of the prosecutor. c.The wife or husband of the person charged shall not, save as in this Act mentioned, be called as a witness in pursuance of this Act except upon the application of the person so charged. 103. If such money be directed to be paid by instalments and default is made in the payment of any one instalment, all instalments then remaining unpaid shall become immediately due. In Sierra Leone , the right to bail in criminal proceedings is guaranteed under Admission to Bail in the Criminal Procedure Act of 1965. Where a corporation is charged with an offence triable on indictment or summarily, any summons or other document requiring to be served on the corporation in connection with the proceedings shall be served by leaving it a or sending it by post to the registered office of the corporation, or if there be no such office in Sierra Leone, by leaving it at or sending it by post to the corporation at any place at which it trades or conducts its business in Sierra Leone. The Court shall, at the time of committing him for trial, inform the accused of his right under this section. Corporate author : International Scientific Committee for the drafting of a General History of Africa Person as author : Ki-Zerbo, Joseph [editor] Declaration of execution by Sheriff. (1) In a trial on indictment for murder or manslaughter, the declaration of a, person, whether it be made in the presence of the accused person or not, may be given in evidence if the. A. 40. B., on the.day of..at..in the Western Area of Sierra Leone , with intent to defraud, obtained. And I give you clearly to understand that you have nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt. The Native Administrative court, also known as local court of Sierra Leone, derives its authority from the Local Courts Act, 1963; the Courts Act, 1965 and Section 170 of the 1991 Constitution of Sierra Leone which deals with the laws of Sierra Leone. 108. (1) If any person committed to prison for non-payment has paid or shall pay any sum in part satisfaction of the sum adjudged to be paid, the period of his imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which such person is committed, as the sum so paid bears to the sum for which he is liable. Bin Rafaah v Precious Minerals Marketing Company (Sierra Leone) Limited (CIV APP 1 of 1999) [1998] SLCA 2 (23 October . Now these are to command you to receive the said(name of accused) into your custody, and safely to keep him until the sittings of the Supreme Court to be held at.(place), on the.day of..19for the trial of accused. I, (name of accused) of..(address), being brought before, the(Magistrate) atcharged with the, Offence ofand required to give security for my attendance in his Court, and at the Supreme Court, if required, do bind myself to attend at the Court of the said, (Magistrate) on everyday of the preliminary investigation into the said charge and, should. (1) A person who alleges that an enactment or anything contained in or done under the authority of that or any other enactment is inconsistent with, or is in contravention of a provision of this Constitution, may at any time bring an action in the Supreme Court for a declaration to that effect. (3)Where the Magistrate who commenced or continued the preliminary investigation is unable for any sufficient reason to continue it after an adjournment, it shall not be necessary for his successor to re-commence such investigation unless it appears to him that the case is one upon which he should himself adjudicate under section 6 of the Courts Act, 1965. 130. 8. 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. Any warrant so endorsed shall have the like effect as any warrant issued under subsection (1). The Globalization of World Politics. (2) The Minister may order such person to be confined in a mental hospital, prison, or other suitable place of safe custody during pleasure. 77. 226. B. was a servant to J. S. and the he, said A. 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. The accused shall then make his own unsworn statement or give his evidence on oath and thereafter he shall call his witnesses (including witnesses as to character). 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. 225. 10. 151. 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. IN THE SUPREME COURT OF SIERRA LEONE (ORIGINAL JURISDICTION) . B. had the been sent by the said J. S. to S. P. for the said cloth, and that he, the said A. 160. 0000014763 00000 n
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. In default of the amount being recovered by such distress and sale, the recognisors may be imprisoned for any period not exceeding sixty days, but the Court in or before which the condition of any recognizance ought to be performed may cancel or mitigate the forfeiture upon such terms and conditions (if any) as the Court may think just. *A.(if names are given record them). (2)Any document purporting to be an original report under the hand of a qualified medical practitioner or dentist relating to the nature or extent of the injuries of any person certified to have been examined by such practitioner or dentist, may if it is directed to the Court or is produced by any constable to whom it is addressed or by someone acting on his behalf, be admitted as evidence of the facts therein stated in any preliminary investigation or trial before a Magistrate's Court. Diplomatic and consular representatives and all salaried functionaries of Commonwealth and foreign Governments; ix. A person who has been tried by a national court for the acts referred to in articles 2 to 4 of the . I,(name) of(address), do hereby bind myself to. 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. Sierra Leone Legal System Outline - Njala University, School of Social Sciences and Law, Department - Studocu The Module introduces student to Sierra Leone Legal System which entails the court systems, court procedures etc. For the purposes of sections 86 to 90. 1. If the accused or the defendant adduces in his defence any evidence other than evidence as to character, the prosecutor may adduce evidence in reply thereto. 2. This form must be used when as offence with which the defendant is charged is punished only by a fine. 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. 30. 114. (1) When any act is charged against any person as an offence, and it is given in evidence on the trial of such person for that offence that he was insane so as not to be responsible for his action at the time when the act was done then if it appears to the Court before whom such person is tried that he did the act but was insane as aforesaid at the time when he did it, the Court shall make a special finding to the effect that the accused or the defendant is not guilty by reason of insanity. to prosecute (or to prosecute and give evidence) in the matter of a charge of And whereas it has been made to appear to me by information upon oath that the said, .was about to go out of Sierra Leone, and he has been arrested under a warrant, Now these are to command you to receive into your custody the said..and safely to, keep him until the trial of the saidand to produce him upon the day of such trial. 13. (2) The Attorney-General may in writing revoke any order made by him under this section. Share on Twitter. (2) The constable or other person who arrests any person on a charge of an offence against the person of another may cause the person arrested by him to be examined by a medical practitioner: Provided that any person so examined shall have the right to require that such examination shall be made in the presence of his own medical practitioner or of some other person selected by him. 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. 184. (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. This Act applied to the then Colony of Sierra Leone, amongst others, certain sections of the Conveyancing and Law of Property Act 1881. 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. Written offers "without prejudicen save . 61. At the sitting of the Court, the names of all the jurors summoned, special or common, shall be written on separate pieces of card or paper of equal size and put into boxes, and whenever a jury is required, the Registrar of the Court shall in open Court draw from the proper box by lot until the required number of jurors appear ,who, after all just causes of challenge allowed shall remain as fair and indifferent, and the same shall be done whenever it shall be necessary to form a new jury: Provided that if a case be brought on for trial during the time that a jury in any other case may be deliberating, a new jury may be drawn from the residue of the cards in the boxes. Challenge to the array, Peremptory challenges. B. and C. D., in H.S. 10. If a person refuses to enter into such recognizance the Court may commit him to prison, or into the custody of any officer of the Court, there to remain until after the trial, unless in the meantime he enter into a recognizance. 108. (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. Discharge of persons detained under section 215. En primer lugar se hace alusin a la esencia, rasgos y evolucin de las Operaciones de Paz, as como una resea del papel desempeado por Chile en ellas. 185. (2) Upon the accused being so informed the Judge shall record the fact and shall then observe the appropriate procedure set out in section 193. *In case of notice to the prosecutor these words should be struck out. ORDER 9 PETITIONS-GENERAL PROVISIONS 1. 242. 156. The Governor-General may make rules to be observed on the execution of a judgment of death, for the purposes, of guarding against any abuse in such execution and giving greater solemnity to the same, and of making known without the prison walls that such execution is taking and has taken place. (1) If the jury are not unanimous, the Judge may require them to retire for further consideration. H i l l University of Washington. (2) An adjournment ordered for any reason shall be made to a certain time and place appointed, and stated at the time of adjournment in the presence and hearing of the parties. Procedure where witnesses for defence not present. 175. 145. All person qualified as jurors under this Act shall be liable to serve as such, not only at any session of the Supreme Court within the district for which they shall have been appointed, but also upon any Coroner's jury, when summoned to attend thereon. Consequences supervening or not known at time of former trial. Acting Clerk of the House of Representatives. 176. (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) 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. 49. 29. All such amendments shall be made in such terms as shall seem to the Court to be just. 97. (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. Subsection (1) of section 8 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. In force: Yes. (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. "A.B. Q. (1) The deposition of a medical practitioner or other medical witness, taken and attested by a Magistrate in the presence of the accused person, may be read as evidence, although the deponent is not called as a witness. But its judicial arm of governance was under imperial rein until at least in 1965 when the Court of Appeal of Sierra Leone was birthed pursuant to the Court Act of 1965 (Act No. Postponement of trial, recognisances. i. (6)where an information or indictment contains more than one count, the counts shall be numbered consecutively. (2) If it is made to appear to any Court, by information on oath, that any person bound by recognizance is about to go out of Sierra Leone, the Court may cause him to be arrested and may commit him to prison until the trial, unless the Court shall see fit to admit him to bail upon further recognizance. The Court before asking the accused in pursuance of section 6 of the Courts Act, 1965, whether he consents to the case being heard and finally determined summarily, shall explain to him the difference between the case being dealt with summarily and in the usual course. If any of such persons cannot be found, the Sheriff shall obtain so many additional names drawn in the aforesaid manner as may necessary to make up the jurors to the proper number, and shall issue summons to such persons in like manner. Sierra Leone Gazette Supplement, Public Notices, 1982-02-19, No. 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. (2)Any Orders, Regulations or other instruments made under the Criminal Procedure Act, hereby repealed, shall remain in force and be deemed to have been made under the corresponding provisions of this Act until such time as the same may be amended, revoked, repealed or replaced by Orders or Regulations made under the provisions of this Act. d.the time at which he is to attend before the Court including an undertaking to appear at such subsequent times as may be directed by the Court. 235. Provided that it shall be lawful for a Magistrate other than the Magistrate who originally committed the accused person for trial to re-open the case and deal with it in terms of this subsection if such other Magistrate has assumed the duties of the Magistrate who originally committed the accused person for trial. When any search warrant has been executed the person who executed it shall return the warrant, together with everything seized thereunder, to the Court, Judge, Magistrate or Justice of the Peace which issued the warrant. Forfeiture and levy of recognisances. (2)When the true name and place of resident have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a court if so required. There shall be no challenge to the array, and no accused person shall be admitted to any peremptory challenge above the number of three. 0000003918 00000 n
Sierra Leone provides an interesting case study on the assessment of crime1 and the criminal justice system. When a Magistrate's Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall send the same to the Magistrate's Court having jurisdiction in that place, and such Court shall cause the said summons to be served and shall send an affidavit of service to the issuing Court, which affidavit shall be evidence of service and the person effecting service shall not ordinarily be required to attend and give evidence as to service. 168. In the.Court at. Type: law of real and personal property. Subsection (1) of section 9 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. 223. Ministers and Members of the House of Representatives; iii. anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial. Issued under my hand and the Public Seal of Sierra Leone this. 159. If the person issued with a summons does not appear at the time and place appointed in and by the summons and his personal attendance has not been dispensed with under section 21 the Court may issue a warrant to arrest him and cause him to be brought before such court. 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. accused " means a person charged with a crime but does not include a defendant; " child " means a person under the age of fourteen years; " committed for trial " used in relation to any person, means committed to prison with a. view to his being tried before the Supreme Court and includes a person who is admitted to bail upon a recognisance to appear and take his trial before the said Court; " corporation " includes a statutory corporation as defined in subsection (9) of section 32 of the Constitution, a company formed and registered under the Companies Act or the Companies Act, 1924, and any Company to which Part IX of the Companies Act applies; " Court " means any Court of criminal jurisdiction established by law in Sierra Leone other than a Local Court in the Provinces administered under the Local Courts Act; " defendant " means a person charged with a summary offence and appearing before a Magistrate in answer to a summons; "indictment " means a document containing the charge against the accused signed by a Law Officer and every indictment purporting to have been signed as aforesaid shall be Presumed to be so signed until the contrary is shown; " information " means a document containing the charge or charges against the accused or the defendant and signed by the prosecutor and includes an indictment; " inquiry" includes preliminary investigation; " Judge " means a judge of the Supreme Court; " Law Officer " means the Attorney-General, the Solicitor-General, the First Parliamentary Counsel and every other Crown Counsel or Parliamentary Counsel; "Minister" means the Minister charged, for the time being with responsibility for matters relating to Social Welfare; "prosecutor" includes complaint and means a person who gives information or causes information to be given on his behalf against the accused or the defendant and who intentionally associates himself with the prosecution of however, that the mere signing of an indictment orsheet by a law officer or other person authorised that behalf by. 229. Statement of Offence Damaging trees, contrary to section 22 of the Malicious Damage Act, 1861. 0000001488 00000 n
Nothing contained in sections 143 to 146 shall affect the Court's powers to order separate trials of persons who are jointly charged. (1) When the verdict of the jury is unanimous the Judge shall give judgment in accordance with that verdict. 7. (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. 0000002570 00000 n
(1) Every information or indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge. (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. 3. Amendment of section 78 of Act No. 0000035136 00000 n
(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. Punished only by a fine ) the Attorney-General may in writing revoke any order made him! ( 2 ) the Attorney-General may in writing revoke any order made by him under this.. Seem to the corresponding official PDF file on govinfo.gov notice to the prosecutor these words be. Address ), on the.day of.. 19for the trial of accused and all salaried functionaries of Commonwealth foreign. Counts shall be numbered consecutively a national Court for the acts referred to in articles 2 to 4 of House! Public Notices, 1982-02-19, No, inform the accused of his right under this section this section assessment. By him under this section, inform the accused of his right under this section shall seem the... 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