sierra leone court act, 1965 pdf

CONVICTION FOR OFFENCE OTHER THAN CHARGED. B., on the..day of.atin Western Area of Sierra Leone, maliciously set fire. (1) Any person charged with any offence not punishable by death may at the time of being committed or referred for trial or at any time thereafter up to two clear days at least before the trial of such person whether he had previously elected otherwise or not, elect to be tried by a Judge with the aid of assessors and if any person shall so elect he shall be tried by a Judge with the aid of assessors instead of being tried by a Judge and jury. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. Whenever there shall be a deficiency, or when the number of trials before the Court renders the attendance of jurors for the whole of any session oppressive, it shall be lawful for the Court to issue fresh precepts, if necessary, and, subject to all rights of challenge, to put upon the jury as common or special jurors so many men of the bystanders as shall be sufficient to make up to full number thereof, and it shall not be an objection to any such bystander that his name is not upon any jurors' list. (4)Any person who shall refuse to submit to the taking and recording of his photographs, measurements, thumbprints or fingerprints shall be taken before a Magistrate who, on being satisfied that such person has been prosecuted and charged before any court with an offence involving fraud, dishonesty or violence or is reasonably suspected of having made a thumbprint or fingerprint likely to become an exhibit in a criminal case, shall make such order as he thinks fit, authorising a constable to take the measurements, photographs, thumbprints and fingerprints of such person. The formal legal system consists of the common law, statutes and the Constitution. 240. 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. period of years, or in such other prison as the Governor-General shall from time to time direct, and subject to the prison rules for the time being in force. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry . 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. 9. 2. 139. 111. The person accused of any offence may be convicted of attempt. (a) a Judge may on the application of the prosecutor, direct a Law Officer to sign the indictment and the indictment shall be signed accordingly; b.the provisions of this section shall not be construed so as to derogate from the powers conferred upon the Attorney-General by section 44 of this Act or section 73 of the Constitution. Corporate author : International Scientific Committee for the drafting of a General History of Africa Person as author : Ki-Zerbo, Joseph [editor] Assented to in Her Majesty's name this 6th day of our Lord October, 1965. 13. Country/Territory Sierra Leone Document type Legislation Date 1965 Source FAO, FAOLEX Subject Agricultural & rural development, Land & soil Keyword Agricultural development Institution Court/tribunal Legal proceedings/administrative proceedings Access-to-justice Geographical area A warrant may be executed by the arrest of the accused at any place in Sierra Leone. (1) At any time before, or during the course of the trial, the police may, at the request of the accused, deliver to him a copy of a statement taken by them from any person who is either listed in the depositions or in any summary of evidence referred to in section 188 or is actually called as a witness. 42. 10. 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. (3) Disqualification of jurors. And the Court shall then hear the accused. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. In addition to and independently of the facilities provided by section 30, it shall be lawful for any constable to detain any person carrying or conveying along any square, street, highway, quay or avenue or other public place any animal, matter or thing which such constable shall suspect of having been stolen or otherwise unlawfully obtained, or in respect of which he shall suspect that any criminal offence has been, is being or is about to be committed, and to examine any box, parcel, basket, bundle, or other package carried or conveyed by such person which he may reasonably suspect to contain any such animal, matter or thing as aforesaid; and if such person does not give a satisfactory account of himself and of any animal, matter or thing such examination may discover, to arrest such person and cause him to be taken before a Court as soon as practicable to be dealt with according to law. During remand the Court may, nevertheless, order the accused to be brought before it. 118. 232. Customary law applies in the provinces 132. (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. 9. 170. 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. At.In the West Area of Sierra Leone murder, Statement of Offence Accessory after the fact to murder. (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. Table 1. (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. Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act, 1916. 86. Additional witnesses for prosecution. 205. (1) The statement of the accused duly recorded by or before the committing Court and whether signed by the accused or not, may be given in evidence without further proof thereof by the prosecution unless it is proved that the Magistrate purporting to sign it did not in fact sign it. (1) In a trial on indictment for murder or manslaughter, the declaration of a deceased person, whether it be made in the presence of the accused person or not, may be given in evidence if the deceased person at the time of making such declaration believed himself in danger of imminent death and entertained at the time of making it no hopes of recovery. 102. to receive the said cloth on behalf of the said J.S. Interpretation 192. (1) Order for payment of money. There shall be no challenge to the array, and no accused person shall be admitted to any peremptory challenge above the number of three. (2) Where such evidence in rebuttal is given, counsel for the defence shall be entitled to comment on the evidence so given. 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. 1. (2) In every such case any sum of money due may be levied on the goods and chattels of the person ordered to pay the same by distress and sale under warrant; and in all cases in which a warrant of distress is issued by the Court under this section the Court may either suffer such person, to go at large or verbally, or by warrant in that behalf, order him to be kept in custody until return shall be made to the warrant of distress. 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. 96. TO THE SHERIFF OF THE. 19-20. 243. (1) Any public officer, who commits outside Sierra Leone, when acting or purporting to act in the course of his duties, any act, which if committed in Sierra Leone would be an offence shall be guilty of an offence of the same nature, and subject to the same punishment, as if the act had been committed in Sierra Leone. 23. (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. WHEREAS on theday of19 .(name of prisoner) was convicted before me of the offence. (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a, person comes into question, the declaration of the, whether it be made in the presence of the accused or not, may, at the discretion of the Court be given in evidence if the. that an accused person committed to the Supreme Court for trial instead of being tried at the place where he would but for the order have been tried, be tried by the Supreme Court at such other place as may be specified in the order. No. 2 of 1984 13 of 1986 10 of 1989 4 of 1991 27 of 1991 3 of 1992 2 of 1996 13 of 1996 17 of 1996 Interpretation 2 In these rules: "Act" means The Court of Appeal Act, 2000; "application" includes a motion; "court" means the Court of Appeal; "court appealed from" includes, where appropriate, a tribunal; (1) 4. DATED this.day of.19.. "(I authorise the execution of this warrant at any time. (2) The following persons shall be exempted from serving on any jury. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. (2) When a person is charged with any felony, other than murder or treason, the Court may, if it thinks fit, admit him to bail. (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. This form must be used when as offence with which the defendant is charged is punished only by a fine. 200. ORDER 9 PETITIONS-GENERAL PROVISIONS 1. 45. (4)Such book shall belaid before the Magistrate present at the time when and place where the recognisor is required to appear, and such Magistrate may enlarge the recognisance to such further time as he may appoint. (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. 211. 5. ., with..surety (each) in the sum ofto attend before me at. m on the.day of.19.., and to continue so to attend. Magistrates' Courts have limited jurisdiction. (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. Both systems have been given legitimacy by the constitution and other statutory instruments. Power of dispenses with personal attendance of accused. (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. Every person charged with an offence, and the wife or husband, as the case may be, of the person so charged, shall be a competent witness for the defence at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person: a. Being an Act to amend the Courts Act, 1965. In the..Court at. To.(he bailiff or other person concerned), Whereas in the matter of a charge of.preferred at the instance, of..(prosecutor) against..(accused) (defendant) it was. a.any person who commits any offence involving violence or dishonesty in his presence; b.any person whom any other person positively accuses of having committed any felony or any larceny, embezzlement, false pretences or receiving; c.any person whom any other person suspects of having committed any felony or any misdemeanour mentioned in paragraph (b), if the suspicion of such other person appears to the constable to be well founded and he shall declare his name and place of residence to the constable and accompany the latter to the nearest police station or lock up, if required to do so; d.any person whom he has reasonable cause to suspect of having committed or being about to commit any felony; e.any person whom he finds between the hours of six in the evening and six in the morning lying or loitering in any street, highway, yard, compound or other place, and not giving a satisfactory account of himself; f.any loose, idle or disorderly person whom he finds in any way disturbing the peace, whether in a public or private place, or causing annoyance to any person. 4 201 No. Now these are to command you to receive the said(name of accused) into your custody, and safely to keep him until the sittings of the Supreme Court to be held at.(place), on the.day of..19for the trial of accused. (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. (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. Subject to the provisions of section 80, all arrested persons shall be brought as soon as possible before the Court having jurisdiction in the case, or the Court within the local limits of whose jurisdiction any such person was arrested. Fraudulent conversion of property, contrary to section 20 (1) (iv) (a) of the Larceny Act, 1916. 64. The Adoption Act of Sierra Leone - Volume 36 Issue 1. Certain scientific reports to be evidence. (2) An adjournment ordered for any reason shall be made to a certain time and place appointed, and stated at the time of adjournment in the presence and hearing of the parties. 32. 160. The Sheriff and the Keeper of the Prison, the Medical Officer in charge of the Prison, the Chaplain of the Prison or other minister of religion, and such other officers of the prison as the Sheriff requires shall be present at the. Bin Rafaah v Precious Minerals Marketing Company (Sierra Leone) Limited (CIV APP 1 of 1999) [1998] SLCA 2 (23 October . 141. (1) A Court (in this section and section 38 referred to as the Remitting Court) before which any person who is within the local limits of its jurisdiction and is charged with having committed an offence within the local limits of the jurisdiction of another Court is brought, shall unless authorised to proceed in the case, send him in custody to the Court within the local limits of whose jurisdiction the offence was committed, or require him to give security for his surrender to such last-mentioned Court, there to answer the charge and to be dealt with according to law. 223. 82. 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(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. 242. otherwise directed by me, he may be released. If any assessor unable to attend, trial may proceed. 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. The sealing of any order, summons or warrant shall not be necessary in addition to the signature of the Judge or Magistrate or Justice of the Peace by whom the same shall be signed, except in cases where sealing is expressly directed by this or any other Act. 164. (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. If such money be directed to be paid by instalments and default is made in the payment of any one instalment, all instalments then remaining unpaid shall become immediately due. 179. 56. In this Act, unless a contrary intention appears -. " *In case of notice to the prosecutor these words should be struck out. 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. a. A person to be tried on any indictment shall be placed at the bar unfettered, unless the Court shall see cause otherwise to order, and the indictment or charge shall be read over to him by the Registrar or other officer of the Court, and explained if need be by the officer or the interpreter of the Court, and such person shall be required forthwith to plead thereto, unless where the person is entitled to service of a copy of the indictment, he shall object to the want of such service, and the Court shall find that he has not been duly served therewith. Any statement made by the accused at the preliminary investigation may be given in evidence if admissible according to the rules of evidence. concerning E. F. in the form of a letter, book, pamphlet picture, or as the case may be. The following is read by the Magistrate and explained to the accused. Decision of Court and assessors to have same effects as finding of jury. 159. The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient prima facie proof of any deposition or statement and that the same was taken in all respects according to law, and such attestation and signature shall be admitted without proof, unless the court shall see reason to doubt the genuineness thereof. 129. (2)Except where express provision is made to the contrary, every sentence shall be deemed to commence from, and to include the whole of the day of the date on which it was pronounced. 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. In theCOURT AT To.(Keeper of Prison or constable). Submit. 126. Particulars of Offence, A. 5. d.In any of the following cases, that is to say, i.when it is uncertain in which of several Districts an offence was committed; or, ii. The Magistrate in settling the lists shall mark off the names of such persons as he shall deem suitable to serve as special jurors in each district. 134. (Public Seal) Governor. Error or omission not to affect legality or execution of order or warrant. SUPREME COURT OF SIERRA LEONE, Supreme Court Civil Appeal 2 of 1972, Hon Mr Justice E Livesy Luke CJ, 3 July 19 73 . answer a charge of..(statement of offence): Now these are to command you to produce the said prisoner before me at atmonitoring, Day of.19, and to insure his further attendance from time to time until the said charge shall have, Affidavit of Service of Summons out of the Jurisdiction. Where any person is to be sent in custody in pursuance of section 37, a warrant shall be issued by the Remitting Court and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him and deliver him up to the Court to which the person charged is remitted for trial. 125. Number of Act: 31. 120. DATED this.day of..19 RECOGNISANCE BOOK KEPT AT THE POLICE STATION (OR LOCKUP) AT, (1) State time and place at which accused (recognisor) is to appear before the Magistrate and the sum in which he is bound followed by his. 0000007848 00000 n 4, pp. A. If the officer having the execution of the warrant reports that he could find no goods and chattels whereon to levy the money mentioned in the warrant with expenses, the Court may be the same or a subsequent warrant commit the person ordered to pay, to prison for a period specified in the warrant, unless the money and all expenses of the distress, commitment, and conveyance to prison, to be specified in the warrant, are sooner paid. In proceedings to which no such forms are applicable the Master of the Supreme Court may, with the approval of the Chief Justice, from time to time frame the forms required and such forms shall be published in the Gazette. 17. INTRODUCTION The Rule of Law and Due Process have been the distinguishing factor which upholds the democratic tenants and constitutionality of states across the world, and it ensures that governments and the governed coexist in a healthy and responsible manner which oils the wheels of the state, and aids its productivity legally, 195. The various classifications of these divisions indicate the types of cases that are heard in these courts. 107. 50. (1) A person in detention pursuant to the directions of the Govern-General under section 216 may at any time discharged by the Governor-General on licence. 101. 2. Section 47 of the principal Act is hereby amended by the insertion immediately after the word "makes" in the third line thereof, of the following words "or cases to be made". Variance between charge and evidence. It furthers the University's objective of excellence in research, scholarship, and education . The Constitution of Sierra Leone (Amendment) Act, 1981 : being an act to amend the constitution of Sierra Leone, so as to harmonize it with the constitution of the All People's Congress, and for connected purposes : [19th November, 1981]. If any of such persons cannot be found, the Sheriff shall obtain so many additional names drawn in the aforesaid manner as may necessary to make up the jurors to the proper number, and shall issue summons to such persons in like manner. 28. (1) Notwithstanding anything contained in sections 76 and 77 where it is certified by the superintendent of a mental hospital or other medical practitioner appointed for that purpose by the Chief Medical Officer, that the mental balance of the accused would be jeopardised by the strain of a trial, the proceedings against the accused shall not be continued unless the Attorney-General informs the court that he considers it essential in the public interest for the trial to proceed. 182. (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. DATED this.day of.19. Discharge of persons detained under section 215. Proof of Statement of accused in lower court. 33. (3)If entry into the building, vessel, vehicle, receptacle or place cannot be so obtained, the constable or other person executing the search warrant may, if the warrant empowers him so to do, enter forcibly, or break-open such building, vessel, vehicle, receptacle or other place. 140. of.and was sentenced to Now these are to command you to receive the saidinto your. Sierra Leone Citizenship Act, 1973 . No. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of 2. 20. (4)The deposition of each witness shall be read over to the witness and signed by him and attested by the Magistrate in his presence. 11. Any compensation or expenses awarded under section 54 to 57 or paragraph (b) of subsection (1) of section 60 shall not be regarded as a penalty, but shall be recoverable as a judgment debt in the Court by which the order for payment is made: Provided that nothing in this section contained shall in any way affect or limit the powers conferred upon the Court by sections 59 and 60. 0000001151 00000 n (2) Where property is retained in court pending an appeal on application by release of summons any Judge of the Court to which an appeal has been made or in which notice of leave to appeal has been entered, may if he considers that the property is not necessary for the determination of the questions raised in the appeal order the property or any part thereof to be returned to the person who appears to him to be entitled thereto. Law has been celebrated by many, including lawyers, journalists and even politicians magistrates & # ;! 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