(3) When a person is charged with stealing any chattel, money or valuable security, and it is proved that he received the thing knowing it to have been stolen, he may be convicted of receiving although he was not charged with that offence. 243. 101. 142. (1) Where upon the arrest of a person charged with an offence any property is taken from him, the Court before which he is charged may order that the property or a part thereof be restored to the person who appears to the Court to be entitled thereto. are). 133. (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. 231. b.by way of compensation or otherwise under sections 54 or 60. the Court may either order immediate payment, or allow time for payment, or direct payment to be made by instalments. (2) Where a fine imposed under sub-section (1) is not paid forthwith the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs (if any) in the Supreme Court, and that judgment shall be enforceable against the corporation in the same manner as if it were a judgment entered against the corporation in the Supreme Court in civil proceedings. 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. B. to commit the said offence. 21. (3) For the purposes of this section the expression "sessions" does not include any sessions designated by the Chief Justice as a special sessions. 44. 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. or exemption from or qualification to the operation of the enactment creating the offence. The Sheriff or Deputy Sheriff shall, as soon as may be after having received a copy of the indictment and notice of trial, and three days at least before the day specified therein for trial, or within such lesser time as the Court may for good cause order, by himself or other person authorized by him, deliver to the party charged the said copy and notice and explain to him the nature and exigency thereof, and when the said party is not in custody or shall have been admitted to bail and cannot readily be found, he shall leave a copy of the said indictment and notice of trial with some person of his household for him, at his dwelling house and if none such can be found, shall affix the said copy and notice to the outer or principal door of the dwelling house of the party charged: a.in any such case where an indictment is signed and filed without previous investigation and committal for trial, the accused shall be entitled to at least seven days notice as aforementioned; b.nothing herein contained shall prevent any person in custody or awaiting trial at the opening of or during any sessions, from being tried thereat, if he shall have been served with a copy of the indictment and notice of trial not less than three days or seven days, as the case may be, before the date on which he is to be tried; c.such last-mentioned period of three days or seven days may be reduced to a shorter period, if any such person shall express his assent thereto and no special objection be made on the part of the Crown. (1) If at any time or place appointed by summons or on the adjournment of a hearing once begun the defendant does not appear, and if, in the former case, service of the summons on the defendant a reasonable time before the time for his appearance as aforesaid is duly proved, the Court may, if it thinks fit and where the charge is not one of felony, proceed with the hearing, and may convict the defendant in his absence, or refrain from doing so until he shall be brought before it. (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. 170. Form, contents and duration of warrant. In the.Court at.. To.(the person charged with the levy). 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. At.In the West Area of Sierra Leone murder, Statement of Offence Accessory after the fact to murder. DATED this.day of.19.. "(I authorise the execution of this warrant at any time. (1) Where the accused person is not defended by counsel and state that he does not intend to call any witness as to the facts except himself, the Court shall forthwith call upon the accused to make his statement or say nothing or give evidence on oath as to the facts, and after his cross-examination (if any) he shall be permitted to address the Court if he so desires and to call any witnesses as to character. Procedure to be followed where accused is undefended. 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. Nothing in sections 30 and 31 shall authorise any person, other than a Judge, to grant a warrant to search for a document in the custody of the Postal or Telegraph authorities or of any Telegraph Company. Person to be paid 11. 128. (2)Any document purporting to be an original report under the hand of a qualified medical practitioner or dentist relating to the nature or extent of the injuries of any person certified to have been examined by such practitioner or dentist, may if it is directed to the Court or is produced by any constable to whom it is addressed or by someone acting on his behalf, be admitted as evidence of the facts therein stated in any preliminary investigation or trial before a Magistrate's Court. 54. 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. (3)The District Officer shall during the first week of August in each year submit to the Magistrate in each Judicial District a list of persons known to be resident in the district and literate in English. 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. If the accused or defendant admits the truth of the charge the Court may convict him thereof, or refuse to accept a plea of in guilty, as it thinks fit. 36. 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. Accused to be informed of complaint. Medical practitioners and dental surgeons in actual practice and their dispensers and assistants; v.Registered druggists and nurses in actual practice; vi. iii. When statement may be used in evidence. A.B., on the..day of..atin the Western Area of Sierra Leone, fraudulently, converted to his own use..Province or benefit certain property, that is to say, the sum of Le400 received by. 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. INTRODUCTION The Rule of Law and Due Process have been the distinguishing factor which upholds the democratic tenants and constitutionality of states across the world, and it ensures that governments and the governed coexist in a healthy and responsible manner which oils the wheels of the state, and aids its productivity legally, the offence of.and I consider it advisable to adjourn the examination into the said charge: Now these are to command you to receive the saidinto your custody and safely to keep him and, produce him before me at.at.m, or theday of, .19and hereafter from time to time as may be notified to you by. Falsification of accounts, contrary to section 1 of the Falsification of Accounts Act, 1875. (2) The Chief Justice may make Rules for carrying this section into effect and in particular for making provisions as to the manner in which application is to be made for the consent of a Judge of the Supreme Court for the preferment of an indictment. 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. CXLV, No. (6) Where it is necessary to refer to any document or instrument in an information or indictment, it shall be lawful to describe it by the any name or designation By which it is usually known, or by the purport thereof, without setting out any copy thereof. (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 warrant is directed to more officers or persons than one it may be executed by all or by any one or more of them. B., on theday of.19at Freetown in the Western Area of Sierra, Leone, being a witness upon the trial of an action in the Supreme Court of Sierra Leone in which one.was, plaintiff, and one..was defendant, knowingly falsely swore that he was one M. N. in the street called. 59. Section 7 of the Courts Act, 1965 is amended by the repeal and replacement of subsection (1) thereof by the following:- 7. 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. (1) A corporation that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as the punishment for that offence, or where no fine is Prescribed, a.to be fined in an amount that is in the discretion of the Court where the offence is triable on indictment; or. (3)Such constable as aforesaid shall enter in a book, kept for that purpose in every police station in the Western Area and lock-up in the Provinces, the name, residence and occupation of the person entering into recognisance, and of his surety or sureties, if any, with the condition of the recognisance, and the sums deposited or acknowledged. For the purposes of this subsection the expression "examining officer", "motor vehicle" and "trailer" shall have the meanings respectively assigned to them under the Road Traffic Act, 1964. Section 4 of the Local Courts Act is hereby amended as follows B., on theday of.atin the Western Area of Sierra Leone, being clerk or servant to. 668dd-668ee; Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a CCP for each national wildlife refuge. 10 of 2011. (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. (1) A description of the offence charged in an information or indictment or where more than one offence is so charged, of each offence so charged, shall be set out in the information or indictment in a separate paragraph called a count. 119. (2)When the true name and place of resident have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a court if so required. c)by the substitution for the words "six months" in line four of paragraph (c) of the words "one year". 213. 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. Declaration of execution by Sheriff. Sessions at place for which there is no jurors' list. (2)Except where express provision is made to the contrary, every sentence shall be deemed to commence from, and to include the whole of the day of the date on which it was pronounced. 19.. To all to whom these presents shall come: I,..Governor-General of Sierra Leone send greeting. 80. persons, and to produce him before the said Court then and there to be tried. a. 232. 2. QUALIFICATIONS OF JURORS AND PREPARATIONS OF JURORS' LIST. 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. 131. Attorney-General may delegate certain powers to, 44. (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). I,(name of accused) ofCourt on a charge, ofand required To give security to take my trial before the, said ..Court, do hereby bind myself to be and appear before the, saidCourt at ..when call upon to answer the charge. No. (4)) After the statement of the offence particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary. (1) If the jury are not unanimous, the Judge may require them to retire for further consideration. 76. Part 1 contains general provisions. Statement of Offence Perjury, contrary to section 1 (1) of the perjury Act, 1911. 12. 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. 1 of 2006; Sierra Leone Citizenship Amendment Act No. (1) If the Court considers the evidence sufficient to put the accused on his trial, the Court shall by warrant commit him for trial upon indictment before the Supreme Court and shall, until the trial, either admit him to bail or send him to prison for safekeeping. Arson, contrary to section 2 of the Malicious Damage Act, 1861. H. J. L. BOSTON, Governor-General. 110. 0000005732 00000 n Passed in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. 132. 36. 0000035343 00000 n At close of prosecution case Judge to inform undefended accused of his rights. 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. 135. A warrant shall remain in force until cancelled or executed. (1) At any time during the hearing of the change the Court may, if it thinks fit, adjourn the hearing. Sierra Leone provides an interesting case study on the assessment of crime1 and the criminal justice system. Subsection (1) of section 8 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. 148. All such amendment shall be made upon such term as the Court shall seem just. DATED this..day of . Certificate required by section 141, Criminal Procedure Act 1965. The Courts (Amendment) Act, 2006. Benin Constitutional Court declared four articles of the nationality code to . 147. And I hereby direct you to arrest the occupier of the said.(place to be searched) if any such. 2. A draft arbitration act has been proposed by the Law Reform Commission but it is several stages away from being passed by Parliament. of: AND WHEREAS it has been reported to me that there are no sufficient goods and chattels of the, said..to satisfy the said sum and the expenses of such. (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. . (2) The Remitting Court shall send to the Court to which the person charged is remitted for trial an authenticated copy of the information, summons, warrant and all other process or documents in its possession relative to such person. 175. (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. 168. [1st July, 1984] [G.N. AND whereas the said..when so called upon did refuse to Enter into such recognisance: Now these are to command you to receive into your custody the said..and safely to deep him until after the. 61. Appointment of other persons to perform duties of Magistrate. (2)A count of an information or indictment shall commence with a statement of the offence charged, called the statement of offence. Costs to be paid by prosecutor, in certain cases. 76. B., on heday of..at.in the Western Area of Sierra Leone, being clerk or servant to. In the.Court at. To..(name of prosecutor or witness) of.(address), Take notice that you are bound in the sum of..leones to appear at the, ..sessions of the Supreme Court to be holden atand unless you personally make. Every indictment, when signed, shall be filed in the Supreme Court. 144. c.The wife or husband of the person charged shall not, save as in this Act mentioned, be called as a witness in pursuance of this Act except upon the application of the person so charged. WHEREAS.(name of prison) a prisoner now in your custody is required to appear before me to. Information requested from States parties in relation to mandates of anticorruption body or bodies in respect of prevention Please describe the measures you have taken to implement art. 224. 210. (2) The Minister may order such person to be confined in a mental hospital, prison, or other suitable place of safe custody during pleasure. Number of Act: 31. If the officer having the execution of the warrant reports that he could find no goods and chattels whereon to levy the money mentioned in the warrant with expenses, the Court may be the same or a subsequent warrant commit the person ordered to pay, to prison for a period specified in the warrant, unless the money and all expenses of the distress, commitment, and conveyance to prison, to be specified in the warrant, are sooner paid. the said..shall be forthwith set a liberty. (2) If it is made to appear to any Court, by information on oath, that any person bound by recognizance is about to go out of Sierra Leone, the Court may cause him to be arrested and may commit him to prison until the trial, unless the Court shall see fit to admit him to bail upon further recognizance. For the purposes of sections 86 to 90. 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. 0000013422 00000 n 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. E. M., on the..day of.At.in the Western Area of Sierra Leone, sold, uttered, and. (3)If the defence does not employ counsel, the Court shall, at the close of the examination of each witness for the prosecution, ask the accused or the defendant whether he wishes to put any questions to that witness. Search of place entered by person sought to be arrested. 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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. SierraLII publishes the law of Sierra Leone for free online access. 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. 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 7. 190. (1) Any public officer, who commits outside Sierra Leone, when acting or purporting to act in the course of his duties, any act, which if committed in Sierra Leone would be an offence shall be guilty of an offence of the same nature, and subject to the same punishment, as if the act had been committed in Sierra Leone. Subject to the provisions of sections 136 and 137, an indictment charging any person with an offence triable before the Supreme Court, may be preferred by any person before a Court in which the person charged may be lawfully indicted for that offence, and where an indictment has been so preferred, a Law Officer shall, unless the accused has been acquitted and discharged under the provisions of section 131, sign the indictment and it shall thereupon be proceeded with accordingly: a. 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