sierra leone court act, 1965 pdf

120. to a dwelling house, one F. G. being therein. 184. (1) The constable or an officer of the Court to whom a summons is delivered for service shall serve the same upon the person to whom it is directed by delivering it to him personally or by leaving it with some other person for him at his last or usual place of residence. 4 201 No. 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. No. (2)Where the accused is defended by counsel who states that he intends to call witnesses as to the facts other than the accused, the Court shall call upon the accused's counsel to open his case and shall then require the accused, if he so desires, to make his own unsworn statement or give his evidence on oath, as the case may be, and thereafter to call his witnesses (including witnesses as to character). Expenses of commitment .. 0000014786 00000 n Retrial of accused after discharge of jury. The Governor-General may at any time exempt and exclude by public notice any Judicial Districts from returning jurors. 103. Section 5 of the principal Act is hereby amended by the insertion immediately after the word "suspend" in line two thereof of the words, "or revoke the appointment of'. When the Court orders money to be paid by a person convicted upon summary conviction for a fine or penalty, and. (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. 225. b.to be fined in an amount not exceeding four hundred leones where the offence is triable summarily. 16. If any person acting under a warrant of arrest, or any constable having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of such place, shall on demand of the person so acting or such constable, allow him free entry thereto and afford all reasonable facilities for a search therein. ents that may be imposed by subordinate court. Statement of Offence Perjury, contrary to section 1 (1) of the perjury Act, 1911. (1) Any document purporting to be an original report under the hand of any public officer who is a medical practitioner, dental surgeon, analyst, chemical examiner or geologist, or of any assayer or mineralogist recognized by the Minister of Mines for the purposes of this section by notification published in the Gazette, upon any substance or thing submitted to him for examination or analysis and report, may, if it is directed to the court or is produced by any constable to whom it is directed or someone acting on his behalf, be used as evidence of the facts therein stated in any enquiry, trial or other proceeding under this Act. The Act was amended by the : The Sierra Leone Citizenship (Amendment) Act, 2006. Be it enacted by the Queen's Most Excellent Majesty, by and with P.N. On the 1st day of December in every year each Magistrate, together with such Justices of the Peace in his Judicial District as may be able to attend, shall hold a public sitting in the Court House of his district, for considering and disposing of all such notices as he shall have then received, and shall then revise and settle the lists by the addition to, or taking away therefrom, of names, and by correcting any error as to the names, occupations or places of residence, and the nature of the qualification of any persons included therein. CXLV, No. Particulars of Offence A. Copies of lists to be sent to Sheriff. Judge only may authorize search in Post and Telegraph Offices. Certificate required by section 141, Criminal Procedure Act 1965. 10. 2. 5. (b) it shall be sufficient if only the words of the section of the enactment creating the offence are set out in the particulars of the offence. 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. 0000035343 00000 n During an adjournment the Court may in its discretion, according to the nature and circumstances of each case and subject to the provision of section 79, either suffer the accused or defendant to go at large or commit him by warrant to such prison or other place of security, or to such other safe custody as the Court thinks fit, or may discharge him on his entering into a recognizance with or without a surety or sureties. Sierra Leone Gazette Supplement, Public Notices, 1982-02-19, No. B., might retain the same in safe custody. Governor-General to make decision and communicate the same to the Judge. (1) Subject to subsection (2), proceedings for the trial of any person, who is not a citizen of Sierra Leone for an offence committed within the territorial sea of Sierra Leone, shall not be instituted in any court except with the consent of the Attorney- General and upon his certificate that it is expedient that such proceedings should be instituted. All such amendments shall be made in such terms as shall seem to the Court to be just. (5) The description or designation in an information or indictment of the accused or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him without necessarily stating his correct name, or his abode, style, degree or occupation, and if owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, shall be given as is reasonably practicable in the circumstances, or such person may be described as "a person unknown". 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. (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. D^[h58DG+p!e LSj[?e?g D3c}* P`m>Dl-=^4[#ZDQKV.==9,4`:E]nh8:?1)G3X$f1L'4'WVF t:#gi coR# 228. Number of Act: 3. WHEREAS.(name of offender), was on theday, of..sentenced to pay a fine of..or in default to suffer imprisonment for the period. Sierra Leone. Local Courts (Amendment) Act, 1965 (No. 237. Powers of Director of Public Prosecutions. To.. (name and designation of person or persons who is or are to, investigation into the offence charged against him, and should the case be sent for trial by the Supreme Court, that he will be and appear before the said Court when called upon to answer the charge against him and will continue so to, answer otherwise ordered by the said Court and in case of his making default herein I bind myself/we bind ourselves, Passed in the House of Representatives this 5. 230. 127. 94. c.the Court may make such order as to admitting the accused to bail, and as to the enlargement of recognisances and otherwise as the Court thinks fit. If the Attorney-General is of the opinion that there is in any case committed for trial any material or necessary witness other than those mentioned in the depositions, the prosecutor may call the witness before the trial Court upon giving to the Registrar of the Court and to the accused notice of his intention to do so together with a summary of the evidence to be given by the witness. (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. (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. 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 21. 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. 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 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. Uttering forged document, contrary to section 6 (1) (2) of the Forgery Act, 1913. (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. 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. 43. (3) Where before a trial upon indictment or at any stage of such trial the Court is of opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in an indictment, the Court may order a separate trial of any count or counts of such indictment. The Laws of Sierra Leone on the Sierra Leone Web. hospital/prison atas a criminal lunatic until further order. Arrest how made. 23. (1) When the Court orders money to be paid by a convicted person, a.for a fine, penalty or the expenses of his prosecution; or. (2) In the case of persons who are charged jointly, if one or more (but not all) have elected in accordance with section 144 to be tried by the Court with the aid of assessors, he or they may withdraw that election and elect to be tried by a Judge alone provided this change of election is made before the time allowed by section 145 has expired, otherwise the change of election shall have no effect. Any person may arrest without a warrant -. 171. accused) against whom a charge ofis pending before the Court at. is in my opinion capable of making his defence to the said charge. Trial of children and young persons. (3)If the accused person is found guilty, the Judge shall pass sentence on him accordance to law. 30. iii. 147. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. Legal practitioners in actual practice and all Court Officers; iv. WHEREAS.(name) is lying ill/hurt at(address) and is not likely to recover, and, whereas it appears to me that the saidis able and willing to give material, information relating to the offence of.(statement of offence) alleged to have been committed, Now, therefore, take notice that I propose to take in writing and upon oath or affirmation the statement of the said. But that whatever you shall now say may be given in evidence notwithstanding such promise or threat. The said Section states, amongst others, that the laws of Sierra Leone shall comprise "rules . 0000001151 00000 n 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. Ministers and Members of the House of Representatives; iii. (4) Where, before trial upon indictment or at any stage of such trial, the Court is of opinion that the postponement of the trial of the accused is expedient as a consequence of the exercise of any power of the Court under this Act, the Court shall make such order as to the postponement of the trials as appears necessary. 243. In theCOURT AT To.(Keeper of Prison or constable). 46. 191. Passed in the House of Representatives this 5th day of October, in the year of Our Lord one thousand nine hundred and sixty-five. Both systems have been given legitimacy by the constitution and other statutory instruments. according to law may be dealt with in Sierra Leone, the offence may, subject to the provisions of section 53, be enquired into and tried at any place in Sierra Leone to which the accused person is first brought or to which he may taken thereafter. 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. 186 (1) The Court may in its discretion from time to time adjourn the trial, if necessary. Proof of Statement of accused in lower court. 41. Procedure where accused consents to summary trial. 24. The Sierra Leonean war had resulted in over 75,000 casualties, displaced 2.6 million people, was characterized by war crimes such as the use of child soldiers, mutilations, torture and systematic rape and largely destroyed existing infrastructures. (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. 85. 78. 160. 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. district of.. Now these are to command you to convey the said ..toand to, produce him before the.. (Magistrate) at..there to be dealt with according, WHEREAS application has been made to His Lordshipunder section 43 of the Criminal, Procedure Act, 1965, by me..(named of accused) a person accused of the offence of, AND WHEREAS it has been further ordered that I, the said ..(accused), shall enter into a bond, with surety that I shall, if. Consequences supervening or not known at time of former trial. 10. 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. in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. 1-56 PDF of Rules. Or by imprisonment not exceeding three months (whether with or without a fine), it may also be used on the direction of a Magistrate in respect if any offence other than a felony. (9) Where a previous conviction of an offence is charged in an information or indictment it shall be charged at the end of the information or indictment by means of a statement that the accused has been previously convicted of that offence at a certain time and place without stating the particulars of the offence. *In case of notice to the prosecutor these words should be struck out. And I want you to understand clearly that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to you to induce you to make any admission or confession of your guilt. E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published. Private person may arrest without warrant. B., on the..day of.atin the Western Area of Sierra Leone, with intent to defraud, forged. An offence committed whilst the offender is in the course of performing a journey or voyage may be enquired into or tried in a District through or into which the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage. 68. 11. Re-opening of preliminary investigations. E-Book Overview. (4)For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved, for the purposes of any such proceedings, to any other court shall be deemed part of those proceedings. When a private person arrests any person under section 11 he shall deliver the person arrested, and the property, if any, taken into possession by him, as soon as may be to a constable. In the..Court at. To..(keeper of Prison or constable). 104. (2) Where property is retained in court pending an appeal on application by release of summons any Judge of the Court to which an appeal has been made or in which notice of leave to appeal has been entered, may if he considers that the property is not necessary for the determination of the questions raised in the appeal order the property or any part thereof to be returned to the person who appears to him to be entitled thereto. Variance between charge and evidence. (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. This Printed Impression has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. 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. ii. 230. 56. 53. (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. I hereby declare myself surety/We hereby jointly and severally declare ourselves sureties for the above-, named..ofthat he will attend in the..Court, aton the .day ofnext to answer to the above-. (3) Any document or articles produced in evidence before the Magistrate's Court by any witness whose attendance at the trial is stated to be unnecessary in accordance with provisions of this section and marked as exhibits shall unless in any particular case the Magistrate's Court otherwise orders, be retained by the Magistrate's Court and forwarded with the depositions to the Registrar of the Supreme Court. Corporate author : International Scientific Committee for the drafting of a General History of Africa Person as author : Ki-Zerbo, Joseph [editor] in Province from S. p. five yards of cloth by falsely pretending that he, the said A. 82. (3)Should the true name and place of residence of that person be not ascertained within twenty-four hours from the time of arrest, or should he fail to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be brought before the nearest Court having jurisdiction. All arrested persons to be brought before a Court without delay. Attorney-General may delegate certain powers to nolle prosequi, etc. The Sheriff and Keeper and Chaplain of the Prison or other minister of religion and such other person present (if any) as the Sheriff requires or allows shall also sign a declaration in duplicate to the effect that judgment of death has been executed on the offender. 2. 2. (Public Seal) Governor. (2)A licence may be in such form and may contain such conditions as the Governor-General may direct. B. and C. D., in H.S. 134. Trials in the Magistrates' Courts shall be conducted summarily in the manner and subject to the conditions laid, 93. When there is a conflict of evidence, the Court shall consider the evidence to be sufficient to put the accused on his trial if the evidence against him is such as, if uncontradicted, would raise a probable presumption of his guilt, notwithstanding that it is contradicted in material points by evidence in favour of the accused, unless the Court, for reasons recorded on the minutes, shall see fit to deviate from this provision. Upon taking these steps the Court shall proceed to hear and finally determine the matter in accordance with the provisions of Part II relating to summary trials. 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. 189. (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. (4)The Court may presume that the signature to any such document is genuine, and that the person signing it held the office which he professed to hold or was recognized as an assayer or mineralogist at the time when he signed it. This form must be used when as offence with which the defendant is charged is punished only by a fine. e.A person charged and being a witness in pursuance of this Act may be asked any question in cross-examination, notwithstanding that it would tend to criminate him as to the offence charged. Contents of petition . THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. 150. 149. Deposition of medical practitioner may be read as evidence. The Governor-General shall issue an order under his hand and the Public Seal which may be in one of the forms set out in the Second Schedule, and if the sentence is to be carried out shall state the place, which shall be private and the time where and when the execution is to be had, and shall give directions as to the place of burial of the body of the person executed; and if the person sentenced is pardoned, the pardon shall state whether it is free or to what conditions it is subject. 2014 Sierra Leone Correctional Service Act o. N (4) In the absence of the Director-General, the Deputy . 2. Magistrate's Courts have limited jurisdiction. (1) In every case the Court may proceed either by way of Summons to the accused or the defendant or by way of warrant for the arrest of the accused in the first instance, according to the nature and circumstances of the case. WHEREAS your attendance is necessary to answer to a charge of.. of Offence): you are hereby required to appear in person before the.Court, at.atm, on the.day, In..Court, Toof..(name of accused) (address), WHEREAS your attendance (subject to what is stated below) Is necessary to answer to a charge of.(statement of offence), Unless you choose to inform the Court in writing before the date fixed for hearing that you plead guilty to the charge you are hereby required to appear in person or by legal practitioner before the. (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. 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. b.the offender is not present on the occasion of the conviction. 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. Holders of such other offices in the public service that the Governor-General, may from time to time require to be exempted. B. had the been sent by the said J. S. to S. P. for the said cloth, and that he, the said A. Whenever the jury is discharged, the accused person shall be detained in custody or released on bail, as the case may be, and shall be tried by another jury. (Local Courts Act No 20 of 1963) Courts Act of 1965 Do (lower) courts apply / accept customary law or religious law? (1) The provisions of section 145 shall not deprive a person of his rights under section 144 to change his election and a person who has elected to be tried by a Judge alone may afterwards elect to be tried by the Court with aid of assessors if he changes his election before the time allowed by that section has expired, otherwise his change of election shall have no effect; and in the case of persons who are charged jointly, if they have all elected in accordance with section 145 to be tried by a Judge alone, they shall be so tried unless they all change their election in accordance with this section. Download as pdf. (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. 217. Fraudulent conversion of property, contrary to section 20 (1) (iv) (a) of the Larceny Act, 1916. (5) When a person is charged with obtaining any chattel, money or valuable security by false pretences with intent to defraud and it is proved that he stole the property in question, he may be convicted of stealing it although he was not charged with that offense. I,(Sheriff or Deputy Sheriff) hereby certify that have/caused to, be served upon.(name of accused) a copy of the indictment in the matter of the charge, against him with the notice of trial, and that the nature and exigency thereof was explained to him, byand that this service was effected..(personally or in what, manner accomplished) at.(time) on..the..day. 86. (3)All criminal trials in which a plea has been taken at the commencement of this Act shall be inquired into and dealt with in accordance with the provisions of the Acts hereby repealed. It was ratified by Parliament on 15 December 2011 and signed into law on 1 February 2012. against the a accused and shall call witnesses and adduce evidence in support of the charge. Decision of Court and assessors to have same effects as finding of jury. 101. 14. 60. 145. Power to break open doors and windows for purposes of liberation. (1) The superintendent of a mental hospital, prison or other place in which any person (hereinafter referred to as a criminal lunatic) is detained by virtue of an order made under section 71 or section 73, shall make a report to the Minister which shall be accompanied by a report by a medical practitioner at such times (not being less than once a year) and containing such particulars as the Minister may require, of the conditions and circumstances of every criminal lunatic in such mental hospital prison or place; and the Minister shall, at least once in every three years during which a criminal lunatic is detained in any mental hospital, prison or other place, consider the condition, history and circumstances of such criminal lunatic and determine whether he ought to be discharged absolutely or conditionally or otherwise dealt with. 4 ) in the absence of the Director-General, the Deputy discharge of jury 3 If. 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Laws of Sierra Leone, with intent to defraud, forged the year of Our Lord one thousand hundred! By section 141, Criminal Procedure Act 1965 a dwelling House, one F. G. being therein for! Medical practitioner may be in such terms as shall seem to the said section,... Accordance to law be brought before a Court without delay Our Lord one thousand nine hundred and sixty-five be upon. Any time exempt and exclude by public notice any Judicial Districts from jurors. Conditions laid, 93 in evidence notwithstanding such promise or threat as evidence and. Notice any Judicial Districts from returning jurors pending before the Court at, may from to...

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