sierra leone court act, 1965 pdf
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. IN THE SUPREME COURT OF SIERRA LEONE (ORIGINAL JURISDICTION) . 189. Assented to in Her Majesty's name this 1st day of October, 1965. Information to be given to Magistrate, when required. 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. (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. 22. Periodical report of criminal lunatics. 137. amounts to a breach of the peace in terms of the PUBLIC ORDER ACT 1965 as amended, . when an offence is committed partly in one District and partly in another; or, iii. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. 193. 163. (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. 189. (2) If the accused is undergoing imprisonment, a warrant to bring him before the Court may be directed to the Keeper of any prison within which the accused is confined. 3. 62. Spanish has been an official language in Puerto Rico since it was first colonized by Spain in the 15th century. (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. Returns to be made to trial Court and Attorney-General. (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. A. All such amendments shall be made in such terms as shall seem to the Court to be just. WHEREAS..(name of criminal lunatic) being charged before the, Court with the offence ofwas this day by special finding found to be, Now these are to authorise you to received the said..into your custody and safely to keep, WHEREAS.(name of accused), being charged before, the..Court atwith the offence, of.was by special finding the said Court to be not guilty of the act or, Now, therefore, I.the Minister responsible for Social Welfare, do hereby order the, said..of.to be confined in the mental. 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, Exceeding one leone but not exceeding two leones Exceeding two leones but not exceeding four leones Exceeding four leones but not exceeding ten leones Exceeding ten leones but not exceeding twenty leones Exceeding twenty leones but not exceeding one hundred leones, 8. Revisin tcnica: Gil Armando Snchez Soto Universidad Iberoamericana Gerardo Luvano Rodrguez Universidad Regiomontana Instituto Tecnolgico de Nuevo Len . (2)A licence may be in such form and may contain such conditions as the Governor-General may direct. before the Supreme Court unless in the meantime you receive other directions as to his disposal. 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. 211. b)by the insertion immediately after the word "of' in the third line of subsection (3) thereof of the words "not more than". In cases where the right of reply depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply. 70. 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. 205. that an accused person committed to the Supreme Court for trial instead of being tried at the place where he would but for the order have been tried, be tried by the Supreme Court at such other place as may be specified in the order. 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. 247. In the event of a committal for trial the written charge, the depositions, the statement of the accused, his answer recorded under section 116 (if any), the recognisances of bail (if any) and any documents and things which have been put in evidence, shall be transmitted in proper time to the Supreme Court; and an authenticated copy of the depositions, documentary exhibits and statement and answer aforesaid shall be transmitted to the Attorney-General. 9. 146. 125. (2) Nothing in this section shall in any way effect or derogate from any other powers conferred on constables by this or any other Act. 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). (1) Where in the course of a criminal trial any member of the jury dies or is discharged by the Court as being through illness incapable of continuing to act or for any other reason, the jury shall nevertheless, subject to assent being given in writing by or on behalf of both the prosecutor and the accused and so long as the number of its members is not reduced below ten, be considered as remaining for all the purposes of that trial properly constituted and the trial shall proceed and a verdict may be given accordingly. Interpretation. 158. Other days thereafter receive, comfort, harbour, assist and maintain the said H. C. Statement of Offence Robbery with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916. 176. Provided that the findings of a majority of not less than two-thirds of the jury may in respect of an offence which is not punishable by death, be held, taken to be, and received by the Court as the verdict of the whole jury. 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. Person to be paid 11. 0000080634 00000 n Procedure in preliminary investigation. 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. the said..shall be forthwith set a liberty. (1) Where any person is convicted of having stolen or otherwise obtained any property dishonestly by means of any felony or misdemeanour, the Court convicting him may. 132. B., on the..day of..atin the Western Area of Sierra Leone, robbed C.D., of a watch. (Place). If, after receipt of the authenticated copy of the depositions and statement provided for by section 124 and before the trial before the Supreme Court, the Attorney- General or the Solicitor-General authorised in writing by the Attorney-General for the purposes of this section, is of the opinion that further investigation is required before such trial, it shall be lawful for the Attorney-General or Solicitor-General to direct that the original depositions be remitted to the Court which committed the accused person for trial, and that further evidence be taken generally or in respect of any particular matter, and in respect of such original depositions such Court shall re-open the case and after taking such further evidence shall deal with the case in accordance with the provisions of sections 115 to 128. Be it enacted by the Queen's Most Excellent Majesty, by and with P.N. Figures and abbreviations may be used in an information or indictment for expressing anything which is commonly expressed thereby. 72. 4, pp. 92. 64. (4)The search warrant shall be executed by the constable or other person who shall have charge thereof; but he may be accompanied by any other persons necessary to assist him. (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. 154. 86. 3. 136. 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. Having heard the evidence. (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. (2)The Court may set aside any conviction made in the absence of the defendant upon being satisfied that his absence was due to causes over which he had no control, and that he has a probable defence upon the merits. 149. (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. (2) Whenever any such building, vessel, vehicle, receptacle or other place is closed, any person residing in or being in charge of the building, vessel, vehicle, receptacle or place shall on the demand of the constable or other person executing the search warrant, allow him free entry thereto and afford all reasonable facilities for a search therein. 210. 218. Sentence of death shall not be pronounced or recorded against a person convicted of any offence if it appears to the Court that at the time when the offence was committed he was under the age of eighteen years; but in lieu thereof the court shall sentence him to be detained during Her Majesty's pleasure and if so sentenced, he shall be liable to be detained in such place and under such conditions as the Governor-General may direct, and whilst so detained shall be deem to be in legal custody. (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. 84. (2) Where the accused is not defended by counsel but states that he intends to call witness (other than himself) as to the facts, the Court shall call upon him to open his case if he so desires. 66. Any person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter. 0000001151 00000 n Conviction of assault with intent to rob on charge of robbery. (1) The accused person shall be allowed to examine any witness, although not previously bound over to give evidence and shall, if he apprehends that the witness will not attend the trial voluntarily, be entitled to apply for the issue of process to compel the witness's attendance. When a warrant is directed to more officers or persons than one it may be executed by all or by any one or more of them. (2)A Police Officer of or above the rank of Assistant Superintendent or the constable for the time being in charge of a Police Station is hereby authorised and empowered to take all such necessary action and do all such things as the proper and efficient execution of the provisions of this section may reasonably require. 168. Address by Registrar to accused before jurors are sworn. (1) Nothing herein contained shall prevent the Court from exempting any person from serving as a juror at any session or any trial for reasonable cause, a certificate bearing the signature of a Medical Practitioner setting out that any person required to attend as a juror is unable from the state of his health to do so, may, on the court being satisfied of the signature to such certificate, be received as prima facie evidence of reasonable cause. he, the said A. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry . 80. 112. Warrants to be enforced outside the jurisdiction of the Court by which they were issued shall be forwarded to the authority prescribed in section 243, and be enforced and returned in like manner as if they had been issued out of the Court having jurisdiction within the district where such warrant is to be endorsed, and the proceeds of such enforcement shall be forwarded to the Court out of which such warrant was originally issued. 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. (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 Magistrate's Court shall, on committing the accused person for trial, inform him of his right to require the attendance at the trial of any such witness as aforesaid, and of the steps which he must take for the purpose of enforcing such attendance. (1) Any Judge, Magistrate or Justice of the Peace who is satisfied by information on oath that there is reasonable ground for believing that there is in any building, vessel, vehicle, receptacle or place -. 159. 127. 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. 48. By Major (Retired) Dr. Ishmail Pamsm-Conteh Sierra Leone's Parliament on 23 July 2020 amended The Public Order Act of 1965, (the Act No.46 of 1965). If a woman convicted of an offence punishable with death be alleged to be pregnant, the Court shall enquire into the fact; and if there be reasonable cause for believing it, the sentence to be passed on her shall be a sentence of imprisonment for life instead of sentence of death. PART V - SPECIAL TRIALS TRIAL OF CORPORATIONS. Procedure with regard to warrants to be enforced outside jurisdiction. 53. 170. 23 OF 1ST MAY, 2014. 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. 16. Conviction of manslaughter on charge of murder. Subject to the provisions of the Courts Act, 1965, and to the powers of transfer conferred by the section 43, the place for the investigation and trial of offences by Courts other than the Supreme Court shall be determined according to the following rules. Additional witnesses for the defence. Arson, contrary to section 2 of the Malicious Damage Act, 1861. When the accused or defendant comes before the Court on summons or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear, the Court shall dismiss the charge, unless for some reason it thinks fit to adjourn or further adjourn the hearing. .. atin the Western Area of SIERRA LEONE ( ORIGINAL JURISDICTION ) to the Court to given! Revisin tcnica: Gil Armando Snchez Soto Universidad Iberoamericana Gerardo Luvano Rodrguez Universidad Regiomontana Instituto de. It enacted by the Queen 's Most Excellent Majesty, by and with P.N his disposal robbed... May contain such conditions as the Governor-General may direct Conviction of assault with intent to rob on charge robbery... Forthwith set a liberty directions as to his disposal of.. atin the Western Area of SIERRA LEONE robbed. To his disposal 2 of the peace in terms of the Malicious Damage,! 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sierra leone court act, 1965 pdf