No person shall be tried before a national court of Sierra Leone for acts for which he or she has already been tried by the Special Court. The following is read by the Magistrate and explained to the accused. 9. Search of place entered by person sought to be arrested. (2) Where the proceedings are discontinued in accordance with the provisions of subsection (1) the court shall discharge the accused and thereafter he shall be subject to the provisions of the Lunacy Act or any Act amending or replacing the same (so far as the same may be applicable to his case) in the same circumstances and to the same extent as a mental patient against whom no proceedings have been brought. 190. means of an advertisement inserted by them, the said A. or exemption from or qualification to the operation of the enactment creating the offence. Evidence of person married otherwise than by Civil or Mohammedan Marriage. The persons named in such notices, and such other persons as the Magistrate may require, shall be bound to attend such sitting. Resumption of trial or investigation. 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. BOSTON, Governor-General. Pilots of ships in actual practice and licensed as such; xiv. 0000035343 00000 n
B., on theday ofatin the Western Area of Sierra Leone, did counsel, procure, and. 151. 0000003948 00000 n
ORDER 9 PETITIONS-GENERAL PROVISIONS 1. 0000005969 00000 n
185. In the..Court at. To..(name) of(address), WHEREAS on the..day of19., you as principal party/surety entered, into a recognisance conditioned as follows---. 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. Download as pdf. Depositions admissible in certain cases. 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. 37. CXXXVIII, No. 21. (8)When the accused is required to procure a surety or sureties, the recognisances of the sureties may be taken separately and either before or after the recognisance of the accused. 146. 0000001892 00000 n
86. 0000002339 00000 n
(6)Where a corporation is charged with an offence triable on indictment or triable summarily, the corporation may, on arraignment before the Supreme Court or on being asked to plead by the Magistrate, as the case may be, enter in writing by its representative a plea of guilty or not guilty, and if either the corporation does not appear by a representative or, though it does so appear fails to enter any plea, the Court shall order a plea of not guilty to be entered and the trial shall proceed as though the corporation had duly entered a plea of not guilty. evidence that the person has been so appointed. and obscene libel the particulars of which ate deposited with this indictment. (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. 64 CITIZENSHIP LAW IN AFRICA to his child; and some of those countries that do not discriminate between 9. 57. proof of any deposition or statement and that the same was taken in all respects according to law, and such attestation and signature shall be admitted without proof, unless the court shall see reason to doubt the genuineness thereof. (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. In these Regulations unless the context otherwise requires- 0000012030 00000 n
Prisoner to be released on bail or acquitted and discharged if not tried within a certain time. 1. 140. Arrest how made. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. 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. 215. 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. (1) If on any trial for any of the offences mentioned in sections 25, 26, 27 and 28 of the Larceny Act, 1916, the facts proved in evidence authorize the conviction for some other of the said offences and not the offence wherewith the accused or defendant is charged, he may be found guilty of the said other offence and thereupon he shall be punished as if he had been convicted on information or an indictment charging him with such offence, except that no person shall be convicted under this subsection of an offence, the maximum punishment for which is greater than that prescribed for the offence charged. I plead guilty to the above written charge. a.anything upon or in respect of which any offence has been or is suspected have been committed; b.anything which there is reasonable ground for believing will afford evidence as to the commission of any such offence, may at any time issue a warrant under his hand authorising any constable or other person named therein to enter any constable or other person named therein to enter any such building, vessel, vehicle, receptacle or place (which shall be named in the warrant) if necessary by force and to search the same and every person found therein and if anything searched for be found, to seize the same and arrest the occupier or owner of the said building, vessel, vehicle, receptacle or place if the Magistrate of Justice of the Peace thinks fit so to direct. (2)A count of an information or indictment shall commence with a statement of the offence charged, called the statement of offence. (1) In a trial on indictment for murder or manslaughter, the declaration of a deceased person, whether it be made in the presence of the accused person or not, may be given in evidence if the deceased person at the time of making such declaration believed himself in danger of imminent death and entertained at the time of making it no hopes of recovery. of.and was sentenced to Now these are to command you to receive the saidinto your. 168. 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-. Criminal sessions of the Supreme Court shall be held at such times as may be prescribed by or under Rules of Court, made by the Rules of Court Committee established under section 22 of the Courts Act. (2) Such questions and the answers to them shall be recorded. 176. When the jury have considered their verdict, the foreman shall inform the Judge what their verdict is, or that they are not unanimous. 231. When a warrant of arrest is executed outside the local limits of the jurisdiction of the Court issuing the warrant, the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Court within whose jurisdiction the arrest was made, be taken before such last-mentioned Court which shall deal with him in the same way as if brought before it under section 37. 75. 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. 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. A person to be tried on any indictment shall be placed at the bar unfettered, unless the Court shall see cause otherwise to order, and the indictment or charge shall be read over to him by the Registrar or other officer of the Court, and explained if need be by the officer or the interpreter of the Court, and such person shall be required forthwith to plead thereto, unless where the person is entitled to service of a copy of the indictment, he shall object to the want of such service, and the Court shall find that he has not been duly served therewith. 20. 84. 10 2011 Sierra Leone The Local Courts Act, 2011. Share on Twitter. 33. (1) In making an arrest the constable or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action. GAZETTE NO. 165. 219. 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. On 11 January 2022, the President of Sierra Leone assented to the Finance Act 2022. to receive the said cloth on behalf of the said J.S. in Province from S. p. five yards of cloth by falsely pretending that he, the said A. 230. For the purposes of sections 86 to 90. 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. 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. The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. Upon every such trial the decision of the Judge, with the aid of the assessors, as to all matters arising thereupon, which in the case of a trial by jury would be left to the decision of the jurors, shall have the same force and effect as the finding or verdict effects as finding of a jury thereon. 145. IN THE SUPREME COURT OF SIERRA LEONE (ORIGINAL JURISDICTION) . to a dwelling house, one F. G. being therein. a)by the insertion immediately after the word "Court" in line one of subsection (5) of the words "in a civil case or matter"; b)by the substitution for the words "if the convicted person (or in a civil case, either of the parties)" in lines one and two of subsection (6) of the words "if in a civil case, either of the parties". 170. 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. b. in the case of a petition, after the expiration of forty-two days from the date of the decision of the Court of Appeal, and if, within the appropriate time allowed, any such notice is given or petition is made, the sentence shall not be executed until the appeal or petition is finally rejected or the application for leave to appeal is finally refused, as the case may be. (3)Where a representative appears, any requirement of this Act that anything shall be done in the presence of the. 130. 235. 209. 184. 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. ii. 234. PART VI - EXECUTION OF SENTENCES CAPITAL SENTENCES. 19.. To all to whom these presents shall come: I,..Governor-General of Sierra Leone send greeting. 120. (7) Subject to any other provisions of these rules, it shall be sufficient describe any place, thing, matter, act or omission whatsoever to which it is necessary to refer in any information or indictment on ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act omission referred to. The lease in s question was made in May 1962. custody together with this warrant, and there to carry the aforesaid sentence into execution according to law. Where such statement relates to an offence for which any person is then or subsequently committed for trial, it shall be transmitted to the Court in which such person is to be tried, and a copy thereof shall be transmitted to the Attorney-General. Authority for carrying out sentences not capital. Penalty for signing false certificate. B., on heday of..at.in the Western Area of Sierra Leone, being clerk or servant to. Deposition of medical practitioner may be read as evidence. No commitment for non-payment shall be for a longer period than six months, except where the law under which the conviction has taken place enjoins or allows a longer period. (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. 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. Falsification of accounts, contrary to section 1 of the Falsification of Accounts Act, 1875. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. Paragraph (xii) of section 78 of the Prisons Act, 1961, is hereby amended. 178. 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. Now these are to authorise and require you to recover the said sum of..as though the. Both systems have been given legitimacy by the constitution and other statutory instruments. 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. [9[,I`xs Challenge to the array, Peremptory challenges. (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. (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. 19 - Aug. 2012 COURT OF APPEAL RULES PART I TITLE AND INTERPRETATION Title 1 These rules may be cited as The Court of Appeal Rules. 154. (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a deceased person comes into question, the declaration of the deceased 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 deceased at the time of making the declaration believed himself to be in danger of approaching death although he may have entertained at the time of making it, hopes of recovery. 76. The Laws of Sierra Leone on the Sierra Leone Web The Local Courts (Amendment) Act, 1965 ASSENTED to in Her Majesty's name this 1st day of October, 1965. 91. 52. A person convicted or acquitted of any act causing consequences, which together with such act constitute a different offence from that for which such person was convicted or acquitted, may be afterwards tried for such l mentioned offence, if the -consequences had not happened or were not known to the Court to have happened at time when he was acquitted or convicted. 163. (1) The Magistrate of each Judicial District shall prepare and settle a jurors' list for his area for the year commencing on the first day of January in each year in accordance with the provisions of this part. WHEREAS.(name) of.(address) was called Upon to enter into a recognisance to, prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of, to be preferred againstat the sittings of the, Court to be holden at.on.the. There shall be no challenge to the array, and no accused person shall be admitted to any peremptory challenge above the number of three. ARREST WITHOUT WARRANT 11. 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. One project developed and implemented in cooperation with the World Wildlife Fund and the government of the Central African Republic emphasizes conservation of elephants and their habitats in protected areas such as the . (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. DATED this.day of.19. 250. (2) If the Court finds that the accused or the defendant is of unsound mind and consequently incapable of making his defence, it shall postpone further proceedings on the case. a.order that the property or part thereof be restored to the person who appears to it to be the owner thereof, either on payment or without payment by the owner to the person in whose possession such property or a part thereof then is, of any sum named in such order; b.make an assessment as to the value of such property at the time it was so stolen or otherwise obtained as aforesaid and order that the sum so assessed be paid by the person convicted to the person who appears to it to be the owner of the property. The Courts (Amendment) Act, 2006. SNi`U~? (3) On the restitution of any stolen property if it appears to the Court by the Evidence that the person convicted has sold the stolen property to any person, and that such person has had no knowledge that the same was stolen, and that any moneys have been taken from the person convicted on his apprehension and not returned to him under section 59, the Court may, on the application of such purchaser, order that out of such moneys a sum not exceeding the amount of the proceeds of such sale be delivered to the said purchaser. 4. 247. of AND WHEREAS the.has not paid the said. The Sheriff and the Keeper of the Prison, the Medical Officer in charge of the Prison, the Chaplain of the Prison or other minister of religion, and such other officers of the prison as the Sheriff requires shall be present at the. (2) Except with the leave of the Court, no person other than a juror shall speak to or hold any communication with any member of the jury while the jury are considering their verdict. Procedure where entry not obtainable. If a person is confined in a mental hospital under the provisions of section 71 and the medical superintendent of such hospital certifies that, in his opinion, the accused is capable of making his defence, such accused shall be taken before the court at such time as the court appoints, to be dealt with according to law, and the certificate of such medical superintendent shall be receivable in evidence. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. 0000003688 00000 n
203. Section 4 of the Local Courts Act is hereby amended as follows QUALIFICATIONS OF JURORS AND PREPARATION OF JURORS' LIST. (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). Having heard the evidence. 5. Every Magistrate before whom any such recognizance shall be taken shall give a written notice to the person or persons entering into the same specifying the date and place at which his or their personal appearance is required, and the consequences of any failure to fulfill such obligation. Section 47 of the principal Act is hereby amended by the insertion immediately after the word "makes" in the third line thereof, of the following words "or cases to be made". Judge only may authorize search in Post and Telegraph Offices. (3)The statement of offence shall described the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by enactment shall contain a reference to the section of the enactment creating the offence. (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. 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. The charge/charges against you is/are..(here set out charge or charges. 194. command the said A. 117. 177. Universal jurisdiction is one of international law's core concepts. B., on theday of.atin the Western Area of Sierra Leone, being clerk or servant to. 191. Information to be given to Magistrate, when required. iii. (3)When a person is charged with any offence other than those referred to in subsections (1) and (2), the Court shall admit him to bail, unless it sees good reason to the contrary. A warrant shall remain in force until cancelled or executed. 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. Decision of Court and assessors to have same effects as finding of jury. CERTIFICATE AND WARRANT UNDER SECTION 129, CRIMINAL PROCEDURE ACT, 1965. Expenses of distress Expenses of commitment Expenses of conveyance to prison. (1) All such warrants shall be valid and effectual throughout Sierra Leone, wherever the person against whom such warrant is issued, or any goods and chattels of such person may be found. the(describe prison or place) in our presence. 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 Submit. Westmoreland Street, Freetown, on the.day of19 A. If too long for this space continue overleaf). 136. inat. Now these are to authorise you with such assistance as you may quire to search all persons found therein and it found to produce such..(animal, matter or thing) forthwith before this Court together with this warrant. (5)Where any person is charged jointly with a corporation with an offence triable on indictment and either that person or the corporation by its representative does not consent that the offence should be dealt with summarily in pursuance of section 6 of the Courts Act, 1965, the Court shall not have power to deal summarily with the offence in the case of the other offender. Re-opening of preliminary investigations. This is to authorize and require all persons to whom the saidshall be delivered to receive the, said.into their custody together with this certificate, and him safely to keep. 108. Fines, detention in police station in lieu of imprisonment. 26. 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. Being an Act to amend the Courts Act, 1965. 124. (3)Any document purporting to be an original report under the hand of a person gazetted as an examining officer. 4, pp. 18. 153. 69. Subject to the provisions of section 80, all arrested persons shall be brought as soon as possible before the Court having jurisdiction in the case, or the Court within the local limits of whose jurisdiction any such person was arrested. Pursuant to section 120 of the Sierra Leone Constitution, 1978, sets forth rules of procedure for the Supreme Court of Sierra Leone, including special leaves to appeal, hearings, criminal appeals, civil appeals, judgements and orders, and jurisdiction. 67. WHEREAS.(name of accused) did appear before the, ..(Magistrate or Judge) atto take his trial on attend a. preliminary investigation into a charge of..: And whereas the said..(Magistrate or Judge) has reason to believe that the, said(name of accused) is of unsound mind and is incapable of making his defence and has. 11. Whenever, in the exercise of any of the duties here inbefore imposed upon the Magistrate, he may consider it expedient so to do, he may call to his aid any Justice or Justices of the Peace having jurisdiction within his district, and such Justice shall thereupon, unless they are prevented from attending by good and sufficient reasons, attend at the time and place named by such Magistrate, and aid and assist him in his duties as aforesaid. Retrial of accused after discharge of jury. (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. 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