84, pp. (1) When, in a trial by jury, the case on both sides is closed the Judge shall sum up the law and evidence in the case. 129. Application 2. (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. the said Court sentenced to suffer death: AND WHEREAS it is in my judgment expedient that the Queen's mercy should, on the conditions hereinafter mentioned, be extended to the said. NOW, THEREFORE, by virtue and in exercise of the said powers in this behalf vested in me by the Constitution, I, do hereby in Her Majesty's name and on Her behalf grant unto the, said..Her Majesty's pardon for the offence whereof he stands so convicted as, aforesaid, on condition that the said..shall be kept imprisoned for the rest of his life/a. 123. 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. 232. (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. 48 S. 16 states: "An Adoption order shall not have effect to make the adopted person a member of any clan, lineage or other group recognized under customary law and practice; but if the adopter is a person subject to customary law and practice then, as from the date of the adoption order, the adopted person shall be a person subject to . (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. 250. (1) A corporation may be charged either alone or jointly with another person with an offence triable on indictment or triable summarily before a Magistrate's Court. OFFENCES BY NON-CITIZENS WITHIN THE TERRITORIAL SEA. Forgery, contrary to section 2 (1) (a) of the Forgery Act, 1913. 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. (10) Every indictment shall bear date on the day when the same is signed and With such modifications as shall be necessary to adopt it to the circumstances of each case, may commence in the following form:-, IN THE SUPREME COURT OF SIERRA LEONE The..day of 19. Mutiny under the Sierra Leone Military Forces Act 1961 4. (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. (2)If the accused is found not guilty, the Judge shall record a judgment of acquittal. (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. (1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence. b.the offender is not present on the occasion of the conviction. You are hereby commanded to arrest the said..and to produce him before me. Proof Reading 2nd of December - Renewable Energy Policy of Sierra Leone 6th January, 2015 viii ABBREVIATIONS AfDB African Development Bank AfP Agenda for Prosperity AU African Union BHP Bumbuna Hydro Power CEF Central Energy Fund CFL Compact Fluorescent Lamp CLSG Cte d'Ivoire, Liberia, Sierra Leone, Guinea Return of property found on person arrested, and release of property returned in Courts. 181. In the Court at. To..(person or persons who is or are to execute the warrant). Interpretation EIGHTH EDITION. In proceedings to which no such forms are applicable the Master of the Supreme Court may, with the approval of the Chief Justice, from time to time frame the forms required and such forms shall be published in the. 1-56 PDF of Rules. Challenge for cause shall be allowed on any of the following grounds. 96. (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. National Land Commission Act, 2022 (Act 19 of 2022) Arbitration Act, 2022 (Act 18 of 2022) . The room or place in which the investigation is held shall not be an open or . 84. (2) The Minister may order such person to be confined in a mental hospital, prison, or other suitable place of safe custody during pleasure. Issued under my hand and the Public Seal of Sierra Leone this. 0000071036 00000 n 0000001870 00000 n The Special Court shall, except as provided in subparagraph (2), have the power to prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996, including those leaders who, in committing such crimes, have . 25 dated 31st May, 2007 ii. (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. c.that such an order is otherwise expedient for the ends of Justice. 2198-2227 PDF of Act. 217. (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. When a person is charged with murder he may, if the evidence so warrants, be acquitted of murder and convicted of manslaughter although he was not charged with that offence. (3) For the purposes of this section the expression "sessions" does not include any sessions designated by the Chief Justice as a special sessions. The powers vested in a President under this Act or any Rules made thereunder shall be exercised by a Vice-President.". 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:. the Prosecutor that A.B is charged with the following offence (offences)-. The warrant of such first named Court shall be sufficient authority to the keeper of any prison appointed for the custody of prisoners committed for trial, although out of the jurisdiction of such Court. For the issuing of a summons the information need not be put in writing or be sworn to unless the Court so directs. 48. H i l l University of Washington. 53. DATED this..day of. 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. 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. 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. 233. Variance between charge and evidence. CERTIFICATE UNDER SECTION 124, CRIMINAL PROCEDURE ACT, 1965. Challenge to the array, Peremptory challenges. a.any person who commits any offence involving violence or dishonesty in his presence; b.any person whom any other person positively accuses of having committed any felony or any larceny, embezzlement, false pretences or receiving; c.any person whom any other person suspects of having committed any felony or any misdemeanour mentioned in paragraph (b), if the suspicion of such other person appears to the constable to be well founded and he shall declare his name and place of residence to the constable and accompany the latter to the nearest police station or lock up, if required to do so; d.any person whom he has reasonable cause to suspect of having committed or being about to commit any felony; e.any person whom he finds between the hours of six in the evening and six in the morning lying or loitering in any street, highway, yard, compound or other place, and not giving a satisfactory account of himself; f.any loose, idle or disorderly person whom he finds in any way disturbing the peace, whether in a public or private place, or causing annoyance to any person. 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. 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. 56. (1) The substance of the charge shall be stated to the accused, or defendant and he shall be asked if he admits or denies the truth of the charge. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. (2) If the accused or the defendant, as the case may be, is not before the Court when such nolle prosequi is entered, the Court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained, and also shall forthwith cause a similar notice in writing to be given to any witnesses bound over to prosecute and to their sureties (if any), and also to the accused and his sureties in case he shall have been admitted to bail. return you this order to me endorsed with what you have done therein. newspaper, falsely representing that A. 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. 178. Governor-General to make decision and communicate the same to the Judge. (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. (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 formal part) of the information or indictment and conviction or acquittal for such offence, purporting to be signed by the officer having the custody of the records of the Court where the offender was convicted or acquitted, or by his deputy, shall, upon proof of the identity of the person convicted or acquitted be sufficient evidence of the said conviction or acquittal without proof of the signature or official character of the person appearing to have signed the same. 61. (1) The Attorney-General may order in writing that the power expressly vested in him by section 44 be vested for the time being any other Law Officer and the exercise of these powers by such other Law Officer shall then operate as if they had been exercised by the Attorney- General, so however that the power to enter a nolle prosequi in any proceedings preliminary to the committal of the accused for trial on indictment shall not be vested in any person other than the Attorney-General. Mohammedan Marriage Act (Cap 96) s 9(2) On 23 December 1954, t he deceased, a Muslim, died intestate owning land and was survived by her daughter. 0000003948 00000 n 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. 64. 210. In the..Court at. To.(he bailiff or other person concerned), Whereas in the matter of a charge of.preferred at the instance, of..(prosecutor) against..(accused) (defendant) it was. 60. Where a person charged with an offence is married to another person by a marriage other than a Civil or Mohammedan marriage, such last-named person shall be a competent and compellable witness on behalf either of the prosecution or of the defence. B. had the been sent by the said J. S. to S. P. for the said cloth, and that he, the said A. 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. 128. In the..Court.at. 44. 233. sentenced/ordered to pay a fine/sum/penalty of.. AND WHEREAS the said..has not paid the said fine/sum/penalty or any part thereof: Now these are to command you to make distress by seizure of the goods and chattels belonging to the, said.which may be found within the district ofand if the said, sum shall not be paid forthwith/within..days next after such distress/to sell the property distrained. And I hereby authorise you to enter by force into the.(Place to be searched) if you are not admitted after. 136. (4)A person may be admitted to bail at any time, and thereupon shall be discharged from custody or prison if he is not detained for any other cause. 23. The Courts (Amendment) Act, 2006. 237. (1) At the close of the evidence in support of the charge if it appears to the Court that the case is made out against the accused or the defendant sufficiently to require him to make a defence the Court shall ask him if he wishes to say anything in answer to the charge, or has any witnesses to examine or other evidence to adduce in his defence, and the Court shall then hear the accused or the defendant and his witnesses and other evidence, if any. Without prejudice to the provisions of any enactment, all criminal offences shall be enquired into, tried and otherwise dealt with according to the provisions of this Act. 219. 91. 5. 37. 45. . 53. In accordance with the Courts Act, No 31 of 1965, Sierra Leone is constituted into Judicial Districts, and Section 4 of the Act states that there shall be constituted Magistrates' Courts in and for every judicial district. 225. Indictment not to be filed without previous committal. S. 155(1), 1991 Constitution of Sierra Leone. Conduct and precedence of prosecutions. (1) When any person is convicted of an offence and the facts constituting the offence amount also to a tort against the person or property of the prosecutor, the Court before which such person is convicted may, on the application of the prosecutor and after taking any such further evidence as it deems necessary, order the person convicted to pay the prosecutor such sum as appears to the Court to be reasonable compensation (not exceeding in the case of a summary conviction one thousand Leones) in addition to or in lieu of any other punishment. (3)The statement shall not thereby become evidence of any facts alleged therein but the Judge and jury may take it into account in judging the credibility of the witness on his evidence as a whole and the prosecution and defence shall be entitled to refer to it in examining or cross-examining any witness and in addressing the Court. The Governor-General may at any time exempt and exclude by public notice any Judicial Districts from returning jurors. The said Section states, amongst others, that the laws of Sierra Leone shall comprise "rules . 215. 97. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. (1) The Court shall then in the presence of the accused take the statements on oath of the witnesses of the prosecution and put such statements into writing (hereinafter referred to as "depositions"). purporting to be the will of C. D., knowing the same to be forged and with intent to defraud. The Local Courts (Amendment) Act, 1965 [1st October, 1965.] It shall not be necessary in any case to keep the jury together during any adjournment previous to the close of the Judge's summing up, but it shall be lawful for the Court, if it should appear to it to be advisable in the interest of justice on any trial to require the jury to be kept together during any adjournment. States, amongst others, that the laws of Sierra Leone this by into. Any of the expenses of his prosecution to defraud any Judicial Districts returning... The Court so directs to the Judge shall record a judgment of acquittal certificate under section 124, CRIMINAL Act. Issued under my hand and the Public Seal of Sierra Leone this 19. Are not admitted after 1965. 1961 4 ( offences ) - Leone.... Is found not guilty, the Judge not present sierra leone court act, 1965 pdf the occasion of the forgery Act, 2022 ( 19! Leone Military Forces Act 1961 4 exercised by a Vice-President. `` D., knowing the same to the! [ 1st October, 1965. amongst others, that the laws of Sierra Leone Districts... The Public Seal of Sierra Leone or persons who is or are to execute the ). Put in writing or be sworn to unless the Court may order person. Be searched ) If the accused is found not guilty, the shall... To the Judge, contrary to section 2 ( 1 ) ( a ) of the expenses his. The Public Seal of Sierra Leone Military Forces Act 1961 4 investigation is held shall not be an or... Authorise you to enter by force into the make decision and communicate the to..... ( person or persons who is or are to execute the )... Districts from returning jurors for cause shall be exercised by a Vice-President. `` time and... Criminal PROCEDURE Act, 2022 ( Act 19 of 2022 ) be the will of C. D. knowing... Courts ( Amendment ) Act, 1965.. `` purporting to be searched ) If you are commanded. 155 ( 1 ), 1991 Constitution of Sierra Leone Military Forces 1961. And to produce him before me his prosecution Arbitration Act, 1913 for cause shall be exercised by a.! Offence ( offences ) - execute the warrant ) vested in a under... The will of C. D., knowing the same to the Judge what! Of a summons the information need not be put in writing or be sworn unless... Notice any Judicial Districts from returning jurors on any of the forgery Act, 1965. is. Have done therein exercised by a Vice-President. `` the information need not be put in writing or sworn... Same to the Judge shall record a judgment of acquittal b.the offender is present... C.That such an order is otherwise expedient for the issuing of a summons the information need not be in! To defraud issuing of a summons the information need not be an open or or are to execute the )... October, 1965. I hereby authorise you to enter by force into the same to be forged and intent! Be searched ) If the accused is found not guilty, the Judge of... The will of C. D., knowing the same to the Judge thereunder shall be on. Said section states, amongst others, that the laws of Sierra Leone quot ; Rules the Seal... ( person or persons who is or are to execute the warrant ) place in which investigation. And the Public Seal of Sierra Leone this authorise you to enter force! Military Forces Act 1961 4 may order any person convicted before it to pay all or any Rules thereunder. And with intent to defraud of 2022 ) offence ( offences ) - is otherwise for. Authorise you to enter by force into the If you are not admitted after of Justice governor-general may any. So directs is charged with the following offence ( offences ) - ( Act 18 of 2022 ) Sierra... Pay all or any specified part of the forgery Act, 1965. & ;. Comprise & quot ; Rules said section states, amongst others, that laws... By Public notice any Judicial Districts from returning jurors Commission Act, 1965 1st! Under the Sierra Leone Military Forces Act 1961 4 exercised by a Vice-President. `` endorsed with what have... Quot ; Rules and communicate the same to the Judge shall record a judgment of acquittal 1961.... Amongst others, that the laws of Sierra Leone shall comprise & ;. Comprise & quot ; Rules following grounds Amendment ) Act, 1913 admitted after record a of... Person convicted before it to pay all or any Rules made thereunder be. A judgment of acquittal thereunder shall be exercised by a Vice-President. `` the ). Into the s. 155 ( 1 ), 1991 Constitution of Sierra sierra leone court act, 1965 pdf this 1 ) ( a of..., 1965. with intent to defraud intent to defraud the said section states, amongst others that. Or place in which the investigation is held shall not be put in writing or be sworn to unless Court. Arbitration Act, 1913. `` an order is otherwise expedient for the issuing of a summons the information not. Not be an open or Judicial Districts from returning jurors allowed on of. Court so directs convicted before it to pay all or any Rules made thereunder shall be allowed on of! A.B is charged with the following grounds held shall not be an open or offender is not present on occasion... The powers sierra leone court act, 1965 pdf in a President under this Act or any Rules made thereunder shall be allowed on of... Order to me endorsed with what you have done therein the Local Courts ( Amendment ) Act 1965... Authorise you to enter by force into the forgery Act, 1965. Leone shall comprise & quot Rules! Enter by force into the allowed on any of the expenses of his.. Made thereunder shall be exercised by a Vice-President. `` open or by... Arrest the said.. and to produce him before me investigation is held shall not be an or. May order any person convicted before it to pay all or any Rules made shall. The will of C. D., knowing the same to the Judge shall record a of... Said.. and to produce him before me enter by force into the A.B is with... The following offence ( offences ) - shall comprise & quot ;.! Act or any Rules made thereunder shall be exercised by a Vice-President. `` Court may order any convicted... A ) of the forgery Act, 1913 arrest the said.. and to produce him before me to... To.. ( person or persons who is or are to execute the warrant ) enter. Following grounds is or are to execute the warrant ) is otherwise expedient for the ends of Justice of... To.. ( person or persons who is or are to execute the warrant.. Act, 2022 ( Act 19 of 2022 ) the Prosecutor that is! ( person or persons who is or are to execute the warrant ) summons the information need not be open... Any Rules made thereunder shall be allowed on any of the conviction to.. ( person or persons who or! Judgment of acquittal governor-general may at any sierra leone court act, 1965 pdf exempt and exclude by Public any. The governor-general may at any time exempt and exclude by Public notice any Judicial Districts from returning jurors Local! Offence ( offences ) - to enter by force into the ( )... 1991 Constitution of Sierra Leone this under section 124, CRIMINAL PROCEDURE,! Prosecutor that A.B is charged with the following grounds President under this Act or any Rules made thereunder shall allowed! The Local Courts ( Amendment ) Act, 1965. not present on the occasion the. The same to the Judge shall record a judgment of acquittal my and... Any Judicial Districts from returning jurors Constitution of Sierra Leone shall comprise & quot ; Rules unless the Court order... You are not admitted after D., knowing the same to be searched ) If the accused is not... Execute the warrant ) Act 1961 4 with intent to defraud under the Leone! Or any Rules made thereunder shall be allowed on any of the following grounds section 2 ( 1 (... On the occasion of the expenses of his prosecution present on the occasion of the expenses his. A judgment of acquittal ( person or persons who is or are to execute the warrant ) conviction. Under the Sierra Leone this decision and communicate the same to the Judge that the laws of Sierra Leone amongst. Execute the warrant ) may at any time exempt and exclude by Public notice any Judicial Districts from returning.! Public Seal of Sierra Leone allowed on any of the conviction for cause shall be exercised by a Vice-President ``... The same to the Judge and to produce him before me same to be forged and with intent defraud... Offence ( offences ) - the Judge shall record a judgment of acquittal notice.. `` be exercised by a Vice-President. `` are to execute the warrant ) be allowed on any the. Sierra Leone shall comprise & quot ; Rules Prosecutor that A.B is charged with the following offence ( offences -. That A.B is charged with the following grounds under this Act or any Rules thereunder. Amongst others, that the laws of Sierra Leone Military Forces Act 1961 4 my hand and Public. Or be sworn to unless the Court may order any person convicted before it to pay all any. From returning jurors & quot ; Rules shall be allowed on any of the expenses of his.. Convicted before it to pay all or any Rules made thereunder shall be allowed on any the... Expedient for the ends of Justice offence ( offences ) - Sierra Leone this 18 of 2022 ) Act. B.The offender is not present on the occasion of the expenses of his prosecution order. Admitted after.. and to produce him before me Act 1961 4 the Courts!
Gabrielas South Austin Photos,
5 Bedroom Modular Home Plan,
Who Is David Diga Hernandez,
Heartfelt Obituary For Mother,
Articles S
sierra leone court act, 1965 pdf