If the Court considers that the evidence against the accused is not sufficient to put him on his trial, the Court shall forthwith order him to be discharged as to the particular charge under investigation; but such discharge shall not be a bar to any subsequent charge in respect of the same facts: Provided that nothing contained in this section shall prevent the Court from either forthwith, or after such adjournment of the investigation as may seem expedient in the interest of justice, proceeding to investigate any other charge upon which the accused may have been summoned or otherwise brought before it, or which in the course of the charge so dismissed as aforesaid it may appear that the accused has committed. (1) Unless otherwise ordered by the Court, the jury shall return a verdict on all charges on which the accused is tried, and the Judge may ask them such questions as are necessary to ascertain what their verdict is. ARREST GENERALLY 4. 192. DATED thisday of.19.. *If the accused states that he does not wish his witnesses examined by the Magistrate but desires them to be bound over to appear before the Supreme Court, this must be stated, but on no account should a Magistrate suggest or encourage this, but should record the evidence unless the accused does not wish it. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry . 158. JOHN BAYLIS STEVE SMITH PATRICIA OWENS. (Place). Passed in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. Interpretation Holders of such other offices in the public service that the Governor-General, may from time to time require to be exempted. (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. c.that such an order is otherwise expedient for the ends of Justice. 2. (1) The Minister may from time to time by order direct the transfer to a mental hospital, prison or other suitable place of safe custody of any criminal lunatic detained in any other mental hospital, prison or other suitable place of safe custody and such criminal lunatic shall accordingly be received and detained in the mental hospital, prison or other place of safe custody, to which he is so transferred. ORDER 9 PETITIONS-GENERAL PROVISIONS 1. Exemption of districts from returning jurors. The Criminal Procedure Acts The Goverment of Sierra Leone Information, Sierra Leone Web, Sierra Leone PDF. 155. 23 dated 1st May, 2014 PRINTED AND PUBLISHED BY THE GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE. (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. 19. 169. 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. Where at any stage of a trial the Court is of the opinion that the accused or the defendant may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same information 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 one information the Court may order a separate trial of any offence or offences charged therein. The Magistrate in charge of each Judicial District shall, between the 1st day of August and the 1st day of November in every year, make lists of the persons resident in each town or place within his district who are, in his opinion, qualified and fit to serve as jurors, setting out the name, occupation and place or resident, and the nature of the qualification of each person and shall, within ten days after the 30th day of November in each year cause true copies of such lists to be posted in some conspicuous place on his Court House, on the police stations and churches and chapels in his district, for the inspection of the public, where they shall be permitted to remain for a period of three weeks, to the end that any persons may apply to him by notice in writing, to have their names either added to or struck off such lists upon cause duly assigned in such notice. (4) If the case is one in which bail may not be taken, or if sufficient security is not given, the Court shall report to the Minister who may order the accused to be confined in a mental hospital, prison or other suitable place of safe custody, and the Court shall issue a warrant in accordance with such order. 134. When statement may be used in evidence. 242. 78. DATED this.day of. 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. It also refers to any security which the court may demand such as cash or a bond required by the court for . For the issuing of a summons the information need not be put in writing or be sworn to unless the Court so directs. 142. Teachers in public and private schools; xi. : AND WHEREAS(name of prisoner) was on theday of 19.convicted before the.Court at..of murder and was thereupon by. The managers and cashiers of any Banks but so that not more than four persons from any one branch of each bank shall be so exempted; xv. (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. Available Online Formats Add to Basket Items Details 53. (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. I, (name of accused) of..(address), being brought before, the(Magistrate) atcharged with the, Offence ofand required to give security for my attendance in his Court, and at the Supreme Court, if required, do bind myself to attend at the Court of the said, (Magistrate) on everyday of the preliminary investigation into the said charge and, should. (2) (a) Proceedings before a Magistrate previous to the committal of an offender for trial or to the determination of the Magistrate that the offender is to be put on trial, shall not be deemed proceedings for the trial of the offence committed by such offender for the purposes of the said consent and certificate under this section. Consequences supervening or not known at time of former trial. 78. 44. of Act No. 173. Any constable or other person authorised to make an arrest may break out of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. WHEREAS by a warrant of distress dated the..day of. 19, it was, ordered that distress be lived against the goods and chattels, of(name of offender) for the sum. 50. accused) against whom a charge ofis pending before the Court at. is in my opinion capable of making his defence to the said charge. (1) Such statement so taken may afterwards be used in evidence on the trial of any person accused of an offence to which the same relates, if the person who made the statement be dead, or the court is satisfied that for any sufficient cause his attendance cannot be procured, and if reasonable notice of the intention to take such statement was served upon the person against whom it is to be read in evidence and he had or might have had, if he had chosen to be present, full opportunity of cross-examining the person making the same. No. Nothing contained in sections 143 to 146 shall affect the Court's powers to order separate trials of persons who are jointly charged. h.Nothing in this Act shall effect the provisions of section 18 of the Indictable offences Act, 1848, or other right of the person charged to make a statement without being sworn. and obscene libel the particulars of which ate deposited with this indictment. 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. to be given to the keeper of the prison in which such accused may be detained, and also shall forthwith cause a similar notice in writing to be given to any witnesses bound over to prosecute and to their sureties (if any), and also to the accused and his sureties in case he shall have been admitted to bail. If any assessor unable to attend, trial may proceed. (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 -. [ ] ENACTED by the President and Members of Parliament in this (1) Subject to the exemptions in subsection (2) every male person between the ages of thirty and sixty years who is resident in Sierra Leone and is literate in English shall be liable to serve. At the sitting of the Court, the names of all the jurors summoned, special or common, shall be written on separate pieces of card or paper of equal size and put into boxes, and whenever a jury is required, the Registrar of the Court shall in open Court draw from the proper box by lot until the required number of jurors appear ,who, after all just causes of challenge allowed shall remain as fair and indifferent, and the same shall be done whenever it shall be necessary to form a new jury: Provided that if a case be brought on for trial during the time that a jury in any other case may be deliberating, a new jury may be drawn from the residue of the cards in the boxes. 12, pp. 82. The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient. 90. 179. 243. b.the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; c.the Court before which the person arrested it to attend; and. Arrest how made. Subsection (1) of section 9 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. 10 2011 Sierra Leone The Local Courts Act, 2011. 182. An offence shall be enquired into and tried in the Judicial District in which it was committed. EIGHTH EDITION. Download: Slone Links. amounts to a breach of the peace in terms of the PUBLIC ORDER ACT 1965 as amended, . Jurors resident more than five miles from the place where the session is being held shall be excused by the Court from serving on the ground of ill-health upon the testimony of two jurors. Where it appears to the Court that a charge is malicious, frivolous or vexatious, the Court may order the prosecutor to pay all or any specified part of the expenses of the prosecution or of the defence. (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. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. Search warrants may be executed outside jurisdiction of Court issuing them in certain cases. 124. (10) Every indictment shall bear date on the day when the same is signed and With such modifications as shall be necessary to adopt it to the circumstances of each case, may commence in the following form:-, IN THE SUPREME COURT OF SIERRA LEONE The..day of 19. (2) In the case of persons who are charged jointly, if one or more (but not all) have elected in accordance with section 144 to be tried by the Court with the aid of assessors, he or they may withdraw that election and elect to be tried by a Judge alone provided this change of election is made before the time allowed by section 145 has expired, otherwise the change of election shall have no effect. that an accused person committed to the Supreme Court or trial; iii. f^MaZIZ%XvRKF=@/v+'@_Vi{4QEi}I1jvn/ wO.U Ra -'Z^p7>Cv O+n@uyLi#h-R, v| j lsb#s!rmKQEPo#i*R_u5.&mt7Nxc8;-[c@qX9p\HNIvp@u[m=z8-t1oO/iR [4FGm2, o{pwWM@{le,V$9&1GsHO;= No judgment shall be stayed or reversed on the ground of any objection, which if stated after the indictment was read to the prisoner, or during the progress of the trial, might have been amended by the Court, nor because of any informality in swearing the witnesses or any of them. 172. Act, 1965 Assented to in Her Majesty's name this 8th day of June, 1965. 118. (2) The Minister may by order absolutely discharge any criminal lunatic and may also discharge any criminal lunatic conditionally, that is to say, on such conditions as to the duration of such discharge and otherwise as the Minister may think fit. (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. 130. 228. 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. The forms set out in the Second Schedule may be used in all proceedings to which they are applicable with such variations as circumstances require, and shall valid and effectual for all purposes. When constable may arrest without warrant. Having heard the evidence. c.When an act is an offence by reason of its relation to another act which is also an offence, or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offense may be enquired into or tried in the District in which either act was done. 2. 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. (1) In the case of a conviction involving sentence of death the sentence shall not in any case be executed until a. after the expiration of the time within which a notice of appeal or of an application for leave to appeal may. is entered, and if he has been committed to prison shall be released or if on bail his recognisances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. Date of commencement: 09 April 1976. Certificate required by section 141, Criminal Procedure Act 1965. Where such statement relates to an offence for which any person is then or subsequently committed for trial, it shall be transmitted to the Court in which such person is to be tried, and a copy thereof shall be transmitted to the Attorney-General. (3) For the purposes of this section the expression "sessions" does not include any sessions designated by the Chief Justice as a special sessions. 72. Error or omission not to affect legality or execution of order or warrant. Mohammedan Marriage Act (Cap 96) s 9(2) On 23 December 1954, t he deceased, a Muslim, died intestate owning land and was survived by her daughter. (1) A constable may, without warrant, enter by force if necessary any premises within a Diamond Protection Area for the purpose of searching for any person whom he has reasonable grounds to believe is a stranger: Provided that the authority given by this section shall not entitle him to search for any other person or thing unless he is lawfully so entitled apart from this section. 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. 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. 35. WHEREAS(name) is now lying ill/hurt at(address) and is not expected to recover: And whereas it is expedient that(name), a prisoner now in your custody, should be present. [1st July, 1984] [G.N. the clerk of the Court shall as soon as may be thereafter deliver to that person, or send by post addressed to him at his last or usual place of residence, a notice in writing stating the amount of the penalty, the date on or before which payment thereof is required, and the place or places and times at which payment may be made, and if payment by instalments is directed, particulars of the instalments. The provisions of section 105 shall apply in relation to the amendment of a charge brought against an accused person before a Court holding a preliminary investigation. Subsection (1) of section 13 of the principal Act is hereby amended as follows, The proviso to section 16 of the principal Act is hereby amended, 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, Section 29 of the principal Act is hereby amended as follows. 18. M.P. DATED this..day of. 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. Proof of Statement of accused in lower court. QUALIFICATIONS OF JURORS AND PREPARATION OF JURORS' LIST. The Laws of Sierra Leone on the Sierra Leone Web. Note: Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. (2) The Court shall record the exact words of the answer to the charge made by the accused or defendant and if such answer does not consist merely of the words "guilty" or "not guilty", as the case may be the Court shall record its interpretation of such answer and whether in the opinion of the Court it amounts to a plea of guilty or not guilty as the case may be. Being an Act to amend the Courts Act, 1965. (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. Arson, contrary to section 3 of the malicious Damage Act, 1861. (2) Where an indictment is so amended, a note of the order for amendment shall be endorsed on the indictment, and the indictment shall be treated for the purposes of all proceedings in connection therewith as having been filed in the amended form. Power to take depositions of persons dangerously ill. 62. (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. 191. (2) The Supreme Court has in addition authority to cause to be brought before it any person who is within Sierra Leone if he is charged with an offence over which the Supreme Court has jurisdiction. the said Court sentenced to suffer death: AND WHEREAS it is in my judgment expedient that the Queen's mercy should, on the conditions hereinafter mentioned, be extended to the said. NOW, THEREFORE, by virtue and in exercise of the said powers in this behalf vested in me by the Constitution, I, do hereby in Her Majesty's name and on Her behalf grant unto the, said..Her Majesty's pardon for the offence whereof he stands so convicted as, aforesaid, on condition that the said..shall be kept imprisoned for the rest of his life/a. One project developed and implemented in cooperation with the World Wildlife Fund and the government of the Central African Republic emphasizes conservation of elephants and their habitats in protected areas such as the . b)by the insertion immediately after the word "of' in the third line of subsection (3) thereof of the words "not more than". Conditions precedent to trial of foreigners for offences committed in territorial sea. 1-56 PDF of Rules. 4 201 No. 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. Deposition of medical practitioner may be read as evidence. 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