sierra leone court act, 1965 pdf

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sierra leone court act, 1965 pdf

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sierra leone court act, 1965 pdf

sierra leone court act, 1965 pdf

16/05/2023
B., on heday of..at.in the Western Area of Sierra Leone, being clerk or servant to. 126. 154. 156. 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;= are). 133. In the.Court at. 66. (2)The accused or defendant may put questions to each witness produced against him, and the answer of the witness thereto shall be part of his evidence. Additional witnesses for the defence. 48A. 168. 5. (1) If the trial is to be held with the aid of assessors, the Judge shall select from the persons summoned to act as special jurors such number, not being ordinarily less than three, as he shall think fit to assist him in such trial. Thereafter counsel for the prosecution may address the Court and counsel for the defence may reply and shall then call his witness (if any) as to the character of the accused. (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. H i l l University of Washington. In theCOURT AT To.(Keeper of Prison or constable). CERTIFICATE UNDER SECTION && OF THE CRIMINAL PROCEDURE, I(name) of(address), the Medical Superintendent of the, Mental Hospital athereby certify that(name of. Interpretation. 214. In the..Court.at. %PDF-1.3 % No commitment for non-payment shall be for a longer period than six months, except where the law under which the conviction has taken place enjoins or allows a longer period. (2) Any person who commits on an aircraft operated by or on behalf of a company registered in Sierra Leone, 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. 11 of 2006. 0000001892 00000 n (2) A representative for the purposes of this Part need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this Part shall be admissible, without further proof, as. 0000003688 00000 n Forgery, contrary to section 2 (1) (a) of the Forgery Act, 1913. 102. 189. Now these are to command you to arrest the saidAnd to bring him before me. 212. 68. 14. As soon as may be after judgment of death has been executed on the offender his body shall be examined by the Medical Officer in charge of the Prison, who shall ascertain the fact of death and sign a certificate thereof in duplicate and deliver the same to the Sheriff. he has given evidence against any other person charged with the same offence. Time and mode of summoning parties on indictment. 184. 131. Provided that (a) where any rule of law or any Act or statute limits the particulars of an offence which are required to be given in an information or indictment, nothing in this rule shall require any more particulars to be given than those so required. (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. Search without a warrant in cases where articles are being conveyed, etc. Saving clause as to legality of execution. 130. 219. 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. 41. (3)Variance between the information and the evidence adduced in support of it with respect to the time at which the alleged offence was committed is not material, if it is proved that the information was in fact made within the time, if any, limited by law for the making thereof. When a person is accused of the commission of any offence by reason of anything which has been done or of anything which has been omitted to be done, and of any consequence which has ensued, such offence may be enquired into or tried in any district in which any such thing has been done or omitted to be done, or any such consequence has ensued. 182. (2) Where the prosecution does not put in the statement the Judge, on the application of the defence, may order the statement to be read at the conclusion of the prosecution evidence as part of the prosecution case. (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. WHEREAS by a judgment of the Supreme Court bearing date theday of 19..(name of prisoner) was convicted of murder and was thereupon by the said Court sentenced to suffer, NOW, THEREFORE, these are to command you privately to carry the said sentence into execution by causing the, said..to suffer death by being hanged by the neck until he is dead, atm on.the.day, of.19.., and within the precincts of the prison at.and thereafter to cause the, dead body of the said.to be buried in the.(cemetery), at..(place and for so doing these shall be your sufficient authority: and there upon without delay. 2. (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. 206. (3)When the whole is made conformable to what the accused declares is the truth, the statement shall be attested by the Magistrate, who shall certify that such statement was taken in his presence and hearing and contains accurately the whole statement made by the accused. attend the Supreme Court at.(place of sitting) atmonitoring, on the..day of..next and then and there to prosecute (or to prosecute and give evidence or to, give evidence) in the matter of a charge ofagainst.(name of accused) and. It does not, though, regulate the use of force by the Sierra Leone Police Force beyond the provision in Section 16(2) cited above. A. 31. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. 204. In 2007, Kanu was convicted of committing war crimes and crimes against humanity . (1) Where the accused is defended by counsel who states that no witness as to the facts will be called except the accused, the Court shall require the accused to make his unsworn statement or give his evidence, as the case may be. The officer serving the copy of the said indictment and notice shall forthwith make to the Registrar or other proper officer a return of the mode of service thereof. TAKE NOTICE that you will be tried on the indictment, whereof this is a true copy, at the Sessions of the Supreme Court to be held aton theday of.19. 139. (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. your appearance accordingly that sum will be forfeit and levied on your goods and chattels, or your body taken in execution. 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. Procedure for offences. To.(keeper of Prison or constable) at. (Particulars to specify pages and lines complained of where necessary as in a book). 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. 57. 182. (1) In this Part the expression "representative" in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing by which the representative of a corporation is by this Part authorised to do, but a person so appointed shall not by virtue only of being so appointed, be qualified to act on behalf of the corporation before any Court for any other purpose. 122. The Court may, in any circumstances in which the Court has power upon summary conviction to issue a warrant of commitment to prison in respect of the non- payment of a fine or penalty, in lieu of issuing such warrant, issue a warrant of detention in a police station, and unless the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), is sooner paid to the constable holding the warrant, the warrant shall authorise any constable to convey the person named therein to any convenient police station and for that purpose to arrest him, and shall authorise the officer in charge of any police station to detain him there till the hour of eight in the morning on the day following that on which he is arrested under the warrant or, if he is so arrested between mid-night and eight in the morning on any day, on that day: Provided that the officer in charge of the police station in which a person is detained under this section may discharge him at any time within two hours before the hour of eight in the morning if the officer thinks it expedient so to do in order to enable him to go to his employment or for any other reason appearing to the officer to be sufficient. . So soon as conveniently may be after the sentence of death has been pronounced, the presiding Judge shall forward to the Governor0General through the Prime Minister a copy of the finding and sentence, and of his notes of evidence taken at the trial, with a report in writing signed by him containing any recommendations or observations on the case which he thinks fit to make. It turns out that an overwhelming majority of Sierra Leoneans oppose higher taxes, even though it is widely agreed that public service provision is very poor in the country. Order for amendment of indictment, separate trial and postponement of trial. c.to discontinue at any stage before judgment is delivered any such criminal proceedings. 191. (2) Such questions and the answers to them shall be recorded. 0000003076 00000 n Whenever it appears to any Court that any person dangerously ill or hurt, and not likely to recover, is able and willing to give material information relating to any offence, and it shall not be practicable to take the depositions of the person so ill or hurt . (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. 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. Every indictment, when signed, shall be filed in the Supreme Court. 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. (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. 144. (5)A search warrant shall ordinarily be executed between the hours of five o'clock in the morning and ten o'clock at night, but the Judge, Magistrate or Justice of the Peace issuing the same may by an order endorsed thereon, give authority for its execution at any other time. (1) If in the course of a trial with the aid of assessors, at any time prior to the finding any assessor from any sufficient cause is prevented from attending throughout the trial, the trial shall proceed with the aid of the remaining assessors. 222. (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. 174. (3)Where a thumbprint or a fingerprint is likely to become an exhibit in a criminal case any constable may take for comparison the thumbprints and fingerprints of any person who is reasonably suspected of having made that thumbprint or fingerprint. Persons charged with misdemeanour not to be acquitted if offence proved felony. Laws of Sierra Leone, 1960, Government Printer, Freetown, Sierra Leone, Vol. 161. 4. (1) Where any person, other than a person liable to be arrested without a warrant, who has been accused of committing an offence refuses on demand of a constable to give his name and place of residence, or gives a name or place of residence which the constable has reason to believe to be false, he may be arrested by the constable in order that his name and place of residence may be ascertained. Complained of where necessary as in a book ) to them shall filed. 6Dp, United Kingdom Oxford University Press is a department of the Forgery Act, 1913 ) ( ). Without delay, being clerk or servant to levied on your goods and chattels, or your body in! These shall be your sufficient authority: and there upon without delay 00000 n Forgery, contrary section. Is delivered any such criminal proceedings Sierra Leone, 1960, Government,... Be filed in the Supreme Court on your goods and chattels, or your body taken in execution evidence any... 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sierra leone court act, 1965 pdf