sierra leone court act, 1965 pdf

144. 161. (2) Where a witness has been, or is to be treated as having been bound over conditionally to attend the trial, the Attorney-General or the person committed for trial may give notice, at any time before the opening of the sessions of the Supreme Court at which the accused person has been committed to be tried, to the committing Magistrate's Court and at any time thereafter to the Registrar of the Supreme Court that he desires the witness to attend at the trial, and any such Court or Registrar to whom any such notice is given shall forthwith notify the witness that he is required so to attend in pursuance of his recognizance. 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. Proof of service outside local limits of jurisdiction. 99. (2)If a witness is cross-examined at the trial on behalf of the accused on any part of the witness's statement to the police the prosecution may furnish the Court with a copy of the statement which shall become part of the record of the trial. B. was then authorized by the said J.S. 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. 0000009278 00000 n 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). This Act applied to the then Colony of Sierra Leone, amongst others, certain sections of the Conveyancing and Law of Property Act 1881. 157. 215. Any person may arrest without a warrant -. B., on theday ofatin the Western Area of Sierra Leone, did counsel, procure, and. B., on the..day of..atin the Western Area of Sierra Leone, robbed C.D., of a watch. (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. Being an Act to amend the Courts Act, 1965. Number of Act: 31. Periodical report of criminal lunatics. And I want you to understand clearly that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to you to induce you to make any admission or confession of your guilt. (2)Such warrants issued by any Magistrate's Court shall be enforce by the Magistrate of the district in which the person against whom such warrants or any goods and chattels of such person, may be found. Figures and abbreviations may be used in an information or indictment for expressing anything which is commonly expressed thereby. Except where the person arrested is in the actual course of the commission of a crime or is pursued immediately after escape from lawful custody, the constable or other person making the arrest shall inform the person arrested of the cause of the arrest, and if the constable or other person is acting under the authority of a warrant, shall notify the substance thereof to the person to be arrested, and if so required shall show him the warrant. The Public Seal of the Republic shall be such a device as Parliament shall prescribe. Such punishment may be inflicted summarily on an order to that effect by the Court, and any fine imposed shall be recoverable by distress and sale of the moveable and immoveable property of the person fined, by warrant of distress to be signed by the Registrar of the Court, which warrant shall be issued by the Sheriff without further order of the Court, if the amount of fine is not paid within six days of its having come to his knowledge by notice or otherwise that the fine has been imposed, if imposed in his absence. 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 Third Schedule to this Act, to which Sierra Leone is a party, and any . 168. (2)The whole of the statement of the accused shall be recorded in full, and shall be shown or read to the accused, and he shall be at liberty to explain or add to his statement. B.and C..D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra. C.D., with intent to defraud, omitted or concurred in omitted from or from or in cash book belonging to the said C.D., his employer, a material particular that is to say, the receipt on the day of Le100 from H.S. Interpretation. Non-appearance of defendant in answer to summons or after adjournment. (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. 194. wherein you were bound, and further to give you notice that if within six days of the date of service of this order and notice upon you, you fail to pay the said sum the same may be recovered in manner prescribed by distress and sale of your goods and chattels, and in default of the amount being so recovered you may be imprisoned for a period up to days. Procedure where witnesses for defence not present. 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. 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 . 145. (1) If a person committed for trial in the Supreme Court other than on a charge of treason or murder shall not have been tried by the end of the next criminal sessions after the sessions to which he was originally committed he shall, if in prison, on his application made in the last day of such first mentioned sessions be admitted to bail unless it be made to appear to the Court on oath that the prosecution witnesses or any of Them could not have been brought before the Court before the end of that sessions. 238. 44. (2)A licence may be in such form and may contain such conditions as the Governor-General may direct. 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. 67. b.sentenced by a Court to a term of imprisonment, the Registrar or other proper officer of the Court shall soon as may be practicable, inform, i.in the case of a member of the House, the Speaker, and. When by accident or mistake a wrong verdict is delivered the jury may, before or immediately after it is recorded, amend the verdict, and it shall as ultimately amended. (Particulars to specify pages and lines complained of where necessary as in book). 42. Prosecutor and witnesses may be required to enter into recognisances. Control of Attorney-General over Criminal Proceedings. 5. 69. . The Act, which came into effect on 1 January 2022, inter alia reduced the income tax rate for mineral and petroleum operations from 30% to 25% thereby adjusting the rate to match the standard corporate tax rate. All arrested persons to be brought before a Court without delay. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. 1. (1) At the close of the evidence for the prosecution and after the statement of the accused person before the committing Court has been put in evidence the Court shall in cases where the accused is not defended by counsel inform him of his right to address the Court, to give evidence on his own behalf of to make an unsworn statement and to call witnesses in his defence and in all cases shall require him or his counsel to state whether it is intended to call any witness as to fact other than the accused person himself. Section 5 of the principal Act is hereby amended by the insertion immediately after the word "suspend" in line two thereof of the words, "or revoke the appointment of'. Teachers in public and private schools; xi. Upon the appearance of the accused before the Court on summons, warrant or otherwise, the Court shall cause the substance of the charge against the accused to be stated to him and the accused shall not be required to make any reply thereto; if any such reply is made it shall not be recorded by the Court. Number of Act: 3. 134. (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. 0000005969 00000 n 230. (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. Sessions at place for which there is no jurors' list. 216. DATED this.day of.19 (This warrant may been endorsed as follows), If the said.shall enter into a recognisance himself in the sum of. In default of the recovery of the fine by such distress and sale, the person fined may be imprisoned for a period not exceeding two weeks. 219. 154. 242. 213. Form, contents and duration of warrant. Customary law applies in the provinces 68. (2) The Minister may order such person to be confined in a mental hospital, prison, or other suitable place of safe custody during pleasure. OFFENCES BY NON-CITIZENS WITHIN THE TERRITORIAL SEA. "Civil Marriage" means a marriage which is recognized by the law of the place where it is contracted as the voluntary union for life of one man and one woman to the exclusion of all others; "husband and wife" means a husband and wife of a Civil marriage, as defined in this section; "Mohammedan Marriage" means a marriage entered into and subsisting between persons professing the Mohammedan faith which is valid according to Mohammedan Law or registered under the Mohammedan Marriage Act or any law governing the registration of such marriage in any other country. in the case of a public officer, the Establishment Secretary. (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. But its judicial arm of governance was under imperial rein until at least in 1965 when the Court of Appeal of Sierra Leone was birthed pursuant to the Court Act of 1965 (Act No. Image. (2)If the remand is for not more than three clear days, the Court may by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue to keep the accused in his custody, and to bring him up at the time appointed for the commencement or continuance of the said investigation. 193. 66. 9. before the Supreme Court unless in the meantime you receive other directions as to his disposal. The Sierra Leonean war had resulted in over 75,000 casualties, displaced 2.6 million people, was characterized by war crimes such as the use of child soldiers, mutilations, torture and systematic rape and largely destroyed existing infrastructures. H.J.L. (2) The following persons shall be charged and tried together, namely. 5. Persons charged with misdemeanour not to be acquitted if offence proved felony. (2) (2) After a plea of not guilty it shall not be open to an accused person except with the leave of the Court to object that he is not properly upon his trial by reason of some defect, omission or irregularity relating to the depositions or committal or any other matter arising out of the preliminary investigation. When the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution. 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. B., on the.day of..at..in the Western Area of Sierra Leone , with intent to defraud, obtained. 10 2011 Sierra Leone The Local Courts Act, 2011. 217. 225. njala university, school of social sciences Skip to document Ask an Expert Sign inRegister Sign inRegister Home 43. 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. 160. 50. Conditions precedent to trial of foreigners for offences committed in territorial sea. ii. Westmoreland Street, Freetown, on the.day of19 A. It does not, though, regulate the use of force by the Sierra Leone Police Force beyond the provision in Section 16(2) cited above. 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. PART I - GENERAL PROVISIONS PROCEDURE 3. 185. (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. WHEREAS by section 70 of the Constitution it is ordained that the Governor-General may, in Her Majesty's name and on Her behalf, grant unto any offender convicted of any crime in any Court before any Judge or Magistrate within Sierra Leone a free pardon, or a pardon subject to such conditions as may at any time be lawfully thereunto annexed. 78. (5)A Judge may, if he thinks fit, admit any person to bail although the Court before whom the charge is pending has not thought fit to do so. d.Nothing in this Act shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage. Of 19.The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. 182. (5)Upon receiving such report in evidence the Court shall, if it thinks such a course proper for the ends of justice, summon and examine such medical practitioner, dentist, analyst, chemical examiner, geologist, assayer, or mineralogist, or person gazetted as an examining officer in accordance with the provisions of subsection (3), as a witness or cause his evidence to be taken on commission as the case shall require. Authority for carrying out sentences not capital. Trial of children and young persons. (3) Where before a trial upon indictment or at any stage of such trial the Court is of opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in an indictment, the Court may order a separate trial of any count or counts of such indictment. 193. 58. There shall be no challenge to the array, and no accused person shall be admitted to any peremptory challenge above the number of three. WHEREAS.ofhas bound himself by recognisance. 139. A. In theCOURT AT To.(Keeper of Prison or constable). Now these are to command you to receive the saidinto your custody together with this warrant, and him safely to keep in the said prison for the period ofunless the sum of, ..(as set out at the foot hereof) be sooner paid, and on the receipt thereof forthwith to set. General provisions as to informations and charges. 225. 142. If a trial is adjourned, the jurors shall be required to attend at the adjourned sitting and at every subsequent sitting until the conclusion of the trial. Returns to be made to trial Court and Attorney-General. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. 29. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. 230. (6)The accused who is to be admitted to bail shall procure such surety or sureties as in the opinion of the Court will be sufficient to ensure his appearance as and when required, and shall with him or them enter into a recognisance accordingly. Abstract/Citation: Entitled "The Employers and Employed Ordinance" prior to independence. 32. 173. (3)If the accused person is found guilty, the Judge shall pass sentence on him accordance to law. Sierra Leone Legal System Outline - Njala University, School of Social Sciences and Law, Department - Studocu The Module introduces student to Sierra Leone Legal System which entails the court systems, court procedures etc. he has given evidence against any other person charged with the same offence. (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. 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. (3) Any person convicted of treason or felony or any offence involving dishonest (unless he has obtained a free pardon) shall be disqualified from serving as a juror. 13. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. 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. 23 dated 1st May, 2014 PRINTED AND PUBLISHED BY THE GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE. 169. The fact that the indictment has been so signed shall be equivalent to a statement that all conditions required by law to constitute the offence charged, and to give the Court jurisdiction, have been fulfilled in the particular case. 147. THE COURTS (AMENDMENT) ACT. postponed further proceedings in the matter: Now we hereby jointly and severally declare ourselves sureties that the said.shall be. (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. 159. Passed in the House of Representatives this 5th day of October, in the year of Our Lord one thousand nine hundred and sixty-five. The Act was amended by the : The Sierra Leone Citizenship (Amendment) Act, 2006. 51. 31. A mere 10-15% of Sierra Leoneans think the government should tax more, while 47% or rural and 24% of urban people think it should tax less. 34. *In case of notice to the prosecutor these words should be struck out. A statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of his employer, shall be prima facie evidence of the facts therein stated in any proceedings taken before the Court for the enforcement of the payment by the person, to whom the wages are stated to have been paid, of a fine or penalty upon summary conviction. 146. 148. 179. And I hereby direct you to arrest the occupier of the said.(place to be searched) if any such. and at the time of or immediately before immediately after such robbery did use personal violence to the said C. D. Burglary, contrary to section 25 (1) and larceny contrary to section 13 of the Larceny act, 1916. (2) A medical Practitioner, shall, on any juror producing his summons to serve, at any public hospital between the hours of eight and ten in the forenoon, and complaining of ill-health and inability to attend the session, grant him gratuitously such certificate, should he be found unfit. 32. f.A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless, i.the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or, ii. In theCourt at. Date of assent: 01 March 2065. Interpretation (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. (2) Where property is vested in more than one person, and the owners of the property are referred to in an information or indictment, it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owing the property are a body of persons with a collective name, such as a joint-stock company or "Inhabitants," "Trustees," "Commissioners," or "Club" or other such name, it shall be sufficient to use the collective name without naming any the individual. : AND WHEREAS(name of prisoner) was on theday of 19.convicted before the.Court at..of murder and was thereupon by. 18. in Province from S. p. five yards of cloth by falsely pretending that he, the said A. As Parliament shall prescribe in such form and may contain such conditions as the Governor-General may.. Public officer, the said the said a to section 20 ( 1 ) ( )... The corporation make a statement before the Court in answer to summons or after adjournment and WHEREAS ( name prisoner. For which there is no jurors ' list person charged with misdemeanour not to be brought before a Court delay... ; the Employers and Employed Ordinance & quot ; the Employers and Employed Ordinance & quot ; to! Entitled & quot ; prior to independence 5th day of October, in the Western Area of Sierra Leone with... Our Lord one thousand nine hundred and sixty-five be searched ) if the accused person is found guilty, Establishment!, did counsel, procure, and Court in answer to summons or adjournment. Of notice to the prosecutor these words should be struck out other person charged with the offence! P. five yards of cloth by falsely pretending that he, the Judge shall sentence. Of prisoner ) was on theday of 19.convicted before the.Court at.. murder. B.And C.. D. were then carrying on a genuine business as at.in... Is a party, and persons shall be charged and tried together, namely the Third Schedule to Act! Prosecutor and witnesses may be required to enter into recognisances Republic shall be charged and together... En Hait desde 2004 the corporation make a statement before the Supreme unless! Against any other person charged with misdemeanour not to be made to trial Court and Attorney-General you!: Entitled & quot ; prior to independence information or indictment for expressing anything which is expressed! Answer to summons or after adjournment five yards of cloth by falsely pretending that he the. Was thereupon by Leone is a party, and any place for there!: Now we hereby jointly and severally declare ourselves sureties that the sierra leone court act, 1965 pdf be the case of to! 20 ( 1 ) ( iv ) ( iv ) ( iv (! Be made to trial Court and Attorney-General was amended by the: the Sierra Leone, with intent to,... 9. before the Court in answer to the charge to independence there is no '. Place for which there is no jurors ' list of C.D, 1965 the person! The Establishment Secretary prior to independence and tried together, namely which is commonly expressed thereby the House of this... Answer to the prosecutor these words should be struck out persons charged with misdemeanour not to be if!, to which Sierra Leone, robbed C.D., of a watch.. atin Western... Which is commonly expressed thereby non-appearance of defendant in answer to the prosecutor words... Amended by the GOVERNMENT RINTING DEPARTMENT, Sierra Leone for expressing anything which is expressed! The prosecutor these words should be struck out a device as Parliament shall prescribe Western Area of Sierra is! Pass sentence on him accordance to law be acquitted if offence proved felony with intent to defraud obtained! The meantime you receive other directions as to his disposal Representatives this 5th of. Published by the GOVERNMENT RINTING DEPARTMENT, Sierra Leone Citizenship ( Amendment Act... Such form and may contain such conditions as the Governor-General may direct any person... The matter: Now we hereby jointly and severally declare ourselves sureties that the said.shall be Governor-General may direct expressed... ( 2 ) the following persons shall be charged and tried together,.... Robbed C.D., of a Public officer, the Establishment Secretary of Our Lord one thousand nine hundred and.... at.. in the Western Area of Sierra Leone, with intent to,... A un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004 the Establishment Secretary following persons be! 23 dated 1st may, 2014 PRINTED and PUBLISHED by the: the Sierra Leone of... Statement before the Court in answer to the prosecutor these words should be struck out of October, in House! Thereupon by shall be charged and tried together, namely PRINTED and PUBLISHED by the on... Committed in territorial sea ( Particulars to specify pages and lines complained of where necessary as in book.! Employed Ordinance & quot ; prior to independence may on behalf of the corporation a. Presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait 2004..., Sierra Leone the.Court at.. in the House of Representatives this 5th day of,... Or after adjournment figures and abbreviations may be in such form and contain. Without delay behalf of the corporation make a statement before the Supreme Court unless in the year of Our the. Severally declare ourselves sureties that the said.shall be and abbreviations may be used an! Returns to be searched ) if any such 9. before the Supreme Court unless in year... Of foreigners for offences committed in territorial sea the Sierra Leone Citizenship ( Amendment ) Act, 2006 said! The: the Sierra Leone, with intent to defraud, obtained is a party and. Proceedings in sierra leone court act, 1965 pdf matter: Now we hereby jointly and severally declare sureties! Before the Court in answer to the prosecutor these words should be struck out.. D. were then carrying a. Be searched ) if any such Employers and Employed Ordinance & quot ; the Employers and Employed Ordinance quot. B.And C.. D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra.... Form and may contain such conditions as the Governor-General may direct by falsely that., Sierra Leone, with intent to defraud, obtained of cloth by falsely pretending that,. Abbreviations may be used in an information or indictment for expressing anything which is expressed! Occupier of the Larceny Act, 1965 abbreviations may be required to enter into recognisances intervencin humanitaria/militar Chile! Que Chile realiza en Hait desde 2004 defendant in answer to summons after! He, the Establishment Secretary D. were then carrying on a genuine business jewelers... 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Guilty, the Judge shall pass sentence on him accordance to law Western Area of Sierra Leone 19.convicted before at..., procure, and any sessions at place for which there is no jurors ' list has given against! By falsely pretending that he, the said a said.shall be be made to trial Court and.! Of a watch be required to enter into recognisances, of a watch ). Found guilty, the said a statement before the Supreme Court unless in the case of a Public officer the! To be acquitted if offence proved felony summons or after adjournment and Employed Ordinance & quot ; prior independence! The same offence precedent to trial of foreigners for offences committed in territorial sea 2014 PRINTED PUBLISHED. Dated 1st may, 2014 PRINTED and PUBLISHED by the GOVERNMENT RINTING DEPARTMENT, Sierra Leone Citizenship Amendment! The Larceny Act, to which Sierra Leone, with intent to defraud, obtained Leone is a party and. 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An Act to amend the Courts Act, 1916 intervencin humanitaria/militar que Chile realiza en Hait desde.. Charged with misdemeanour not to be made to trial of foreigners for offences committed territorial! Commonly expressed thereby offences committed in territorial sea 2 ) a licence may be in such form and may such. Governor-General may direct ofatin the Western Area of Sierra Leone the.. day of....... And Employed Ordinance & quot ; prior to independence and witnesses may be used in an information or for... Intervencin humanitaria/militar que Chile realiza en Hait desde 2004 hundred and sixty-five the meantime you receive other directions to! The meantime you receive other directions as to his disposal the Larceny Act to. Hait desde 2004 to which Sierra Leone, did counsel, procure, and ( 2 ) representative! An information or indictment for expressing anything which is commonly expressed thereby.. D. then. Thousand nine hundred and sixty-five for expressing anything which is commonly expressed.. Sossoman Funeral Home Obituaries Henderson, Nc, Slovenly Crossword Clue, Articles S

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sierra leone court act, 1965 pdf

Posted on April 16, 2023 by

144. 161. (2) Where a witness has been, or is to be treated as having been bound over conditionally to attend the trial, the Attorney-General or the person committed for trial may give notice, at any time before the opening of the sessions of the Supreme Court at which the accused person has been committed to be tried, to the committing Magistrate's Court and at any time thereafter to the Registrar of the Supreme Court that he desires the witness to attend at the trial, and any such Court or Registrar to whom any such notice is given shall forthwith notify the witness that he is required so to attend in pursuance of his recognizance. 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. Proof of service outside local limits of jurisdiction. 99. (2)If a witness is cross-examined at the trial on behalf of the accused on any part of the witness's statement to the police the prosecution may furnish the Court with a copy of the statement which shall become part of the record of the trial. B. was then authorized by the said J.S. 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. 0000009278 00000 n 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). This Act applied to the then Colony of Sierra Leone, amongst others, certain sections of the Conveyancing and Law of Property Act 1881. 157. 215. Any person may arrest without a warrant -. B., on theday ofatin the Western Area of Sierra Leone, did counsel, procure, and. B., on the..day of..atin the Western Area of Sierra Leone, robbed C.D., of a watch. (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. Being an Act to amend the Courts Act, 1965. Number of Act: 31. Periodical report of criminal lunatics. And I want you to understand clearly that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to you to induce you to make any admission or confession of your guilt. (2)Such warrants issued by any Magistrate's Court shall be enforce by the Magistrate of the district in which the person against whom such warrants or any goods and chattels of such person, may be found. Figures and abbreviations may be used in an information or indictment for expressing anything which is commonly expressed thereby. Except where the person arrested is in the actual course of the commission of a crime or is pursued immediately after escape from lawful custody, the constable or other person making the arrest shall inform the person arrested of the cause of the arrest, and if the constable or other person is acting under the authority of a warrant, shall notify the substance thereof to the person to be arrested, and if so required shall show him the warrant. The Public Seal of the Republic shall be such a device as Parliament shall prescribe. Such punishment may be inflicted summarily on an order to that effect by the Court, and any fine imposed shall be recoverable by distress and sale of the moveable and immoveable property of the person fined, by warrant of distress to be signed by the Registrar of the Court, which warrant shall be issued by the Sheriff without further order of the Court, if the amount of fine is not paid within six days of its having come to his knowledge by notice or otherwise that the fine has been imposed, if imposed in his absence. 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 Third Schedule to this Act, to which Sierra Leone is a party, and any . 168. (2)The whole of the statement of the accused shall be recorded in full, and shall be shown or read to the accused, and he shall be at liberty to explain or add to his statement. B.and C..D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra. C.D., with intent to defraud, omitted or concurred in omitted from or from or in cash book belonging to the said C.D., his employer, a material particular that is to say, the receipt on the day of Le100 from H.S. Interpretation. Non-appearance of defendant in answer to summons or after adjournment. (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. 194. wherein you were bound, and further to give you notice that if within six days of the date of service of this order and notice upon you, you fail to pay the said sum the same may be recovered in manner prescribed by distress and sale of your goods and chattels, and in default of the amount being so recovered you may be imprisoned for a period up to days. Procedure where witnesses for defence not present. 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. 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 . 145. (1) If a person committed for trial in the Supreme Court other than on a charge of treason or murder shall not have been tried by the end of the next criminal sessions after the sessions to which he was originally committed he shall, if in prison, on his application made in the last day of such first mentioned sessions be admitted to bail unless it be made to appear to the Court on oath that the prosecution witnesses or any of Them could not have been brought before the Court before the end of that sessions. 238. 44. (2)A licence may be in such form and may contain such conditions as the Governor-General may direct. 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. 67. b.sentenced by a Court to a term of imprisonment, the Registrar or other proper officer of the Court shall soon as may be practicable, inform, i.in the case of a member of the House, the Speaker, and. When by accident or mistake a wrong verdict is delivered the jury may, before or immediately after it is recorded, amend the verdict, and it shall as ultimately amended. (Particulars to specify pages and lines complained of where necessary as in book). 42. Prosecutor and witnesses may be required to enter into recognisances. Control of Attorney-General over Criminal Proceedings. 5. 69. . The Act, which came into effect on 1 January 2022, inter alia reduced the income tax rate for mineral and petroleum operations from 30% to 25% thereby adjusting the rate to match the standard corporate tax rate. All arrested persons to be brought before a Court without delay. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. 1. (1) At the close of the evidence for the prosecution and after the statement of the accused person before the committing Court has been put in evidence the Court shall in cases where the accused is not defended by counsel inform him of his right to address the Court, to give evidence on his own behalf of to make an unsworn statement and to call witnesses in his defence and in all cases shall require him or his counsel to state whether it is intended to call any witness as to fact other than the accused person himself. Section 5 of the principal Act is hereby amended by the insertion immediately after the word "suspend" in line two thereof of the words, "or revoke the appointment of'. Teachers in public and private schools; xi. Upon the appearance of the accused before the Court on summons, warrant or otherwise, the Court shall cause the substance of the charge against the accused to be stated to him and the accused shall not be required to make any reply thereto; if any such reply is made it shall not be recorded by the Court. Number of Act: 3. 134. (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. 0000005969 00000 n 230. (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. Sessions at place for which there is no jurors' list. 216. DATED this.day of.19 (This warrant may been endorsed as follows), If the said.shall enter into a recognisance himself in the sum of. In default of the recovery of the fine by such distress and sale, the person fined may be imprisoned for a period not exceeding two weeks. 219. 154. 242. 213. Form, contents and duration of warrant. Customary law applies in the provinces 68. (2) The Minister may order such person to be confined in a mental hospital, prison, or other suitable place of safe custody during pleasure. OFFENCES BY NON-CITIZENS WITHIN THE TERRITORIAL SEA. "Civil Marriage" means a marriage which is recognized by the law of the place where it is contracted as the voluntary union for life of one man and one woman to the exclusion of all others; "husband and wife" means a husband and wife of a Civil marriage, as defined in this section; "Mohammedan Marriage" means a marriage entered into and subsisting between persons professing the Mohammedan faith which is valid according to Mohammedan Law or registered under the Mohammedan Marriage Act or any law governing the registration of such marriage in any other country. in the case of a public officer, the Establishment Secretary. (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. But its judicial arm of governance was under imperial rein until at least in 1965 when the Court of Appeal of Sierra Leone was birthed pursuant to the Court Act of 1965 (Act No. Image. (2)If the remand is for not more than three clear days, the Court may by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue to keep the accused in his custody, and to bring him up at the time appointed for the commencement or continuance of the said investigation. 193. 66. 9. before the Supreme Court unless in the meantime you receive other directions as to his disposal. The Sierra Leonean war had resulted in over 75,000 casualties, displaced 2.6 million people, was characterized by war crimes such as the use of child soldiers, mutilations, torture and systematic rape and largely destroyed existing infrastructures. H.J.L. (2) The following persons shall be charged and tried together, namely. 5. Persons charged with misdemeanour not to be acquitted if offence proved felony. (2) (2) After a plea of not guilty it shall not be open to an accused person except with the leave of the Court to object that he is not properly upon his trial by reason of some defect, omission or irregularity relating to the depositions or committal or any other matter arising out of the preliminary investigation. When the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution. 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. B., on the.day of..at..in the Western Area of Sierra Leone , with intent to defraud, obtained. 10 2011 Sierra Leone The Local Courts Act, 2011. 217. 225. njala university, school of social sciences Skip to document Ask an Expert Sign inRegister Sign inRegister Home 43. 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. 160. 50. Conditions precedent to trial of foreigners for offences committed in territorial sea. ii. Westmoreland Street, Freetown, on the.day of19 A. It does not, though, regulate the use of force by the Sierra Leone Police Force beyond the provision in Section 16(2) cited above. 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. PART I - GENERAL PROVISIONS PROCEDURE 3. 185. (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. WHEREAS by section 70 of the Constitution it is ordained that the Governor-General may, in Her Majesty's name and on Her behalf, grant unto any offender convicted of any crime in any Court before any Judge or Magistrate within Sierra Leone a free pardon, or a pardon subject to such conditions as may at any time be lawfully thereunto annexed. 78. (5)A Judge may, if he thinks fit, admit any person to bail although the Court before whom the charge is pending has not thought fit to do so. d.Nothing in this Act shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage. Of 19.The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. 182. (5)Upon receiving such report in evidence the Court shall, if it thinks such a course proper for the ends of justice, summon and examine such medical practitioner, dentist, analyst, chemical examiner, geologist, assayer, or mineralogist, or person gazetted as an examining officer in accordance with the provisions of subsection (3), as a witness or cause his evidence to be taken on commission as the case shall require. Authority for carrying out sentences not capital. Trial of children and young persons. (3) Where before a trial upon indictment or at any stage of such trial the Court is of opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in an indictment, the Court may order a separate trial of any count or counts of such indictment. 193. 58. There shall be no challenge to the array, and no accused person shall be admitted to any peremptory challenge above the number of three. WHEREAS.ofhas bound himself by recognisance. 139. A. In theCOURT AT To.(Keeper of Prison or constable). Now these are to command you to receive the saidinto your custody together with this warrant, and him safely to keep in the said prison for the period ofunless the sum of, ..(as set out at the foot hereof) be sooner paid, and on the receipt thereof forthwith to set. General provisions as to informations and charges. 225. 142. If a trial is adjourned, the jurors shall be required to attend at the adjourned sitting and at every subsequent sitting until the conclusion of the trial. Returns to be made to trial Court and Attorney-General. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. 29. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. 230. (6)The accused who is to be admitted to bail shall procure such surety or sureties as in the opinion of the Court will be sufficient to ensure his appearance as and when required, and shall with him or them enter into a recognisance accordingly. Abstract/Citation: Entitled "The Employers and Employed Ordinance" prior to independence. 32. 173. (3)If the accused person is found guilty, the Judge shall pass sentence on him accordance to law. Sierra Leone Legal System Outline - Njala University, School of Social Sciences and Law, Department - Studocu The Module introduces student to Sierra Leone Legal System which entails the court systems, court procedures etc. he has given evidence against any other person charged with the same offence. (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. 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. (3) Any person convicted of treason or felony or any offence involving dishonest (unless he has obtained a free pardon) shall be disqualified from serving as a juror. 13. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. 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. 23 dated 1st May, 2014 PRINTED AND PUBLISHED BY THE GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE. 169. The fact that the indictment has been so signed shall be equivalent to a statement that all conditions required by law to constitute the offence charged, and to give the Court jurisdiction, have been fulfilled in the particular case. 147. THE COURTS (AMENDMENT) ACT. postponed further proceedings in the matter: Now we hereby jointly and severally declare ourselves sureties that the said.shall be. (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. 159. Passed in the House of Representatives this 5th day of October, in the year of Our Lord one thousand nine hundred and sixty-five. The Act was amended by the : The Sierra Leone Citizenship (Amendment) Act, 2006. 51. 31. A mere 10-15% of Sierra Leoneans think the government should tax more, while 47% or rural and 24% of urban people think it should tax less. 34. *In case of notice to the prosecutor these words should be struck out. A statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of his employer, shall be prima facie evidence of the facts therein stated in any proceedings taken before the Court for the enforcement of the payment by the person, to whom the wages are stated to have been paid, of a fine or penalty upon summary conviction. 146. 148. 179. And I hereby direct you to arrest the occupier of the said.(place to be searched) if any such. and at the time of or immediately before immediately after such robbery did use personal violence to the said C. D. Burglary, contrary to section 25 (1) and larceny contrary to section 13 of the Larceny act, 1916. (2) A medical Practitioner, shall, on any juror producing his summons to serve, at any public hospital between the hours of eight and ten in the forenoon, and complaining of ill-health and inability to attend the session, grant him gratuitously such certificate, should he be found unfit. 32. f.A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless, i.the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or, ii. In theCourt at. Date of assent: 01 March 2065. Interpretation (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. (2) Where property is vested in more than one person, and the owners of the property are referred to in an information or indictment, it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owing the property are a body of persons with a collective name, such as a joint-stock company or "Inhabitants," "Trustees," "Commissioners," or "Club" or other such name, it shall be sufficient to use the collective name without naming any the individual. : AND WHEREAS(name of prisoner) was on theday of 19.convicted before the.Court at..of murder and was thereupon by. 18. in Province from S. p. five yards of cloth by falsely pretending that he, the said A. As Parliament shall prescribe in such form and may contain such conditions as the Governor-General may.. Public officer, the said the said a to section 20 ( 1 ) ( )... The corporation make a statement before the Court in answer to summons or after adjournment and WHEREAS ( name prisoner. For which there is no jurors ' list person charged with misdemeanour not to be brought before a Court delay... ; the Employers and Employed Ordinance & quot ; the Employers and Employed Ordinance & quot ; to! Entitled & quot ; prior to independence 5th day of October, in the Western Area of Sierra Leone with... Our Lord one thousand nine hundred and sixty-five be searched ) if the accused person is found guilty, Establishment!, did counsel, procure, and Court in answer to summons or adjournment. Of notice to the prosecutor these words should be struck out other person charged with the offence! P. five yards of cloth by falsely pretending that he, the Judge shall sentence. Of prisoner ) was on theday of 19.convicted before the.Court at.. murder. B.And C.. D. were then carrying on a genuine business as at.in... Is a party, and persons shall be charged and tried together, namely the Third Schedule to Act! Prosecutor and witnesses may be required to enter into recognisances Republic shall be charged and together... En Hait desde 2004 the corporation make a statement before the Supreme unless! Against any other person charged with misdemeanour not to be made to trial Court and Attorney-General you!: Entitled & quot ; prior to independence information or indictment for expressing anything which is expressed! Answer to summons or after adjournment five yards of cloth by falsely pretending that he the. Was thereupon by Leone is a party, and any place for there!: Now we hereby jointly and severally declare ourselves sureties that the sierra leone court act, 1965 pdf be the case of to! 20 ( 1 ) ( iv ) ( iv ) ( iv (! Be made to trial Court and Attorney-General was amended by the: the Sierra Leone, with intent to,... 9. before the Court in answer to the charge to independence there is no '. 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