(5) The description or designation in an information or indictment of the accused or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him without necessarily stating his correct name, or his abode, style, degree or occupation, and if owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, shall be given as is reasonably practicable in the circumstances, or such person may be described as "a person unknown". (6)Where a corporation is charged with an offence triable on indictment or triable summarily, the corporation may, on arraignment before the Supreme Court or on being asked to plead by the Magistrate, as the case may be, enter in writing by its representative a plea of guilty or not guilty, and if either the corporation does not appear by a representative or, though it does so appear fails to enter any plea, the Court shall order a plea of not guilty to be entered and the trial shall proceed as though the corporation had duly entered a plea of not guilty. (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. While Spanish is the first official language of Puerto Rico, English is the second official language. When a private person arrests any person under section 11 he shall deliver the person arrested, and the property, if any, taken into possession by him, as soon as may be to a constable. Copies of lists to be sent to Sheriff. 132. Notices to be given in certain cases. of.and was sentenced to Now these are to command you to receive the saidinto your. Anything so taken from an arrested person shall be produced before the Court. (2) After such period as the Judge considers reasonable the jury may deliver their verdict, or state that they are not unanimous. Depositions admissible in certain cases. (1) When the verdict of the jury is unanimous the Judge shall give judgment in accordance with that verdict. 78. 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. If the defendant does not attend upon the return, the court may forthwith issue a warrant and commit him to prison for such term as the court may then fix. Power to take offensive weapons or property of evidentiary value from arrested persons. sl-government-gazette-dated-2022-02-03-no-5.pdf Sierra Leone Government Gazette dated 2022-01-27 number 4. sl-government-gazette-dated-2022-01-27-no-4.pdf (1) In a trial on indictment for murder or manslaughter, the declaration of a, person, whether it be made in the presence of the accused person or not, may be given in evidence if the. 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. English was first introduced on the island when the United States had acquired Puerto Rico as a U.S. territory after the Spanish-American War and the Treaty of Paris in 1898 but . 237. The Mayor of Freetown, Paramount Chiefs and Chairman of Town Councils and of other local authorities; viii. (1) When in the course of a trial of preliminary investigation (but not an inquest) the Court has reason to believe that the accused or the defendant is of unsound mind and consequently unable to make his defence, it shall order the accused to be confined in a mental hospital for a period of thirty days for observation. 59. 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. 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. 175. 65. 0000001624 00000 n Sierra Leone Gazette Supplement: Acts, 1965-10-21, No. (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. (4)If, in any criminal cause, before any evidence is taken a Law Officer, the accused, or any person having the conduct of the prosecution or the defence, notifies to the Court before which the cause is pending his intention to make an application under this section in respect of the cause, the Court shall adjourn the cause to such a date as will afford a reasonable time for the application being made, and an order being obtained thereon before the accused is called on for his defence. (2) The keeper of a prison in which a person is confined who is desirous of taking advantage of the provisions of subsection (1) shall, on application being made to him by such prisoner, at once take him before a Court, and such Court shall certify the amount by which the period of imprisonment originally awarded is reduced by such payment in part in satisfaction, and shall make such order as is required in the circumstances. 14. SierraLII publishes the law of Sierra Leone for free online access. 3. 165. (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. Commencement. 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. (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. 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. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S . 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. (2) It shall not be necessary, in any count charging an offence constituted by an enactment, to negative any exception. 83. 74. 216. 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. [1st October, 1965.] Or by imprisonment not exceeding three months (whether with or without a fine), it may also be used on the direction of a Magistrate in respect if any offence other than a felony. (1) At any time during the hearing of the change the Court may, if it thinks fit, adjourn the hearing. (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. 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. The Registrar of other proper officer shall deliver or cause to be delivered, to the Sheriff or Deputy Sheriff, a copy of the indictment with the notice of trial endorsed thereon or annexed thereto, and if there are more parties charged than one as many copies as there are parties. 188. In force: Yes. 88. 0000005969 00000 n S. 155(1), 1991 Constitution of Sierra Leone. E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published. In 2007, Kanu was convicted of committing war crimes and crimes against humanity . (2)When the true name and place of resident have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a court if so required. (3) In the exercise of the powers conferred upon him by his section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority. Date of assent: 01 March 2065. Sierra Leone has a two tier justice dispensation regime; on the one hand is the formal justice sector and on the other the informal justice sector. Being An Act to Consolidate and Amend the Law Relating to Criminal Procedure. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Governor-General to make decision and communicate the same to the Judge. 251. Teachers in public and private schools; xi. Number of Act: 3. 0000010728 00000 n It shall not be necessary in any case to keep the jury together during any adjournment previous to the close of the Judge's summing up, but it shall be lawful for the Court, if it should appear to it to be advisable in the interest of justice on any trial to require the jury to be kept together during any adjournment. Privilege of persons committed for trial. 53. 0000091824 00000 n If a woman convicted of an offence punishable with death be alleged to be pregnant, the Court shall enquire into the fact; and if there be reasonable cause for believing it, the sentence to be passed on her shall be a sentence of imprisonment for life instead of sentence of death. (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. In these Regulations unless the context otherwise requires- (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. 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". 125. 2. I plead guilty to the above written charge. DATED this..day of. 0000012030 00000 n CERTIFICATE AND WARRANT UNDER SECTION 129, CRIMINAL PROCEDURE ACT, 1965. This Act may be cited as the Administrator of Estates Act, it shall come into force on such day as the President may fix by notice in the Gazette, and shall apply throughout Sierra Leone except in respect of the estate or part of the estate of the deceased native which is within the jurisdiction of a Local court. Sierra Leone Citizenship Act, 1973 . BOSTON, Governor-General. 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. (1) When the Court orders money to be paid by a convicted person, a.for a fine, penalty or the expenses of his prosecution; or. Where a person is convicted of any felony or misdemeanour or any offence punishable by imprisonment (other than an offence for which the sentence is fixed by law) the Court may, in its discretion, sentence him to a fine in addition to or in lieu of any other punishment to which he is liable. It does not, though, regulate the use of force by the Sierra Leone Police Force beyond the provision in Section 16(2) cited above. Challenge to the array, Peremptory challenges. 10 Local Courts Act 2011 No. 0000016227 00000 n (2) The following persons shall be charged and tried together, namely. 21. (3) This section shall not prejudice or affect the trial of any act of piracy as defined by the law of nations. Information requested from States parties in relation to mandates of anticorruption body or bodies in respect of prevention Please describe the measures you have taken to implement art. 31 of 1965) to replace the imperial appellate courtPrivy Council which sat on all appeals from courts of first instance in then British colonies in West Africa (Sierra 223. (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 -. The Residual Special Court was established pursuant to an agreement signed between the United Nations and the Government of Sierra Leone on 11 August 2010. Date of assent: 09 April 1976. Trials in the Magistrates' Courts shall be conducted summarily in the manner and subject to the conditions laid, 93. Treason and other related offences under the Treason and State Offences Act 1963 3. 212. 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. purporting to be the will of C. D., knowing the same to be forged and with intent to defraud. Cross-examination of witnesses for the prosecution. 50. 159. A person who has been tried by a national court for the acts referred to in articles 2 to 4 of the . he, the said A. 224. The Court upon committing an accused person for trial may bind by recognizance, with or without a surety or sureties, as it may deem requisite, the prosecutor and every witness to appear at the trial to prosecute and give evidence or to give evidence (as the case may be). Section 7 of the Courts Act, 1965 is amended by the repeal and replacement of subsection (1) thereof by the following:- 7. When such special findings is made the Court shall order the accused or the defendant to be kept in custody as a criminal lunatic in such place and in such manner as the Court shall direct, and shall report the case for the order of the Minister. But if afterwards, from want of sufficient evidence or other cause, the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharged. When the accused or defendant comes before the Court on summons or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear, the Court shall dismiss the charge, unless for some reason it thinks fit to adjourn or further adjourn the hearing. E-Book Overview. A. of AND WHEREAS the.has not paid the said. 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, (1) 4. b)by the substitution for the words "six months" in lines two and three thereof of the words "one yeaf'. 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. I order that the accused be committed for trial upon, indictment before the Supreme Court atand I further order that the accused be. (3) Where two or more persons are charged jointly if they do not all duly elect to be tried by the Court with the aid of assessors or by a Judge alone, they shall be tried by the Court with a jury. a.any valuable security which has been bona fide paid or discharged by any person liable to pay or discharge the same; or, b.any negotiable instrument or money which shall have been bona fide received by transfer or delivery by any person for a just and valuable consideration without notice, or without any reasonable cause to suspect, that it had been stolen or otherwise dishonestly obtained; or. B., on the..day of.atin the Western Area of Sierra Leone, with intent to defraud, forged. 0000003688 00000 n (2) If either the prosecutor or accused shall refuse to give his assent the Court may direct that a juror shall be added and the jury re-sworn, or that the jury shall be discharged and a new jury empanelled and in either of these cases the trial shall commence anew. Re-opening of preliminary investigations. 134. Accused to be informed of complaint. 90. 183. (1) Where, before trial upon indictment or at any stage of such trial, it appears to the Court that the indictment is defective, the Court shall make such order for the amendment of the indictment as the Court thinks necessary to meet the circumstances of the case, unless having regard to the merits of the case, the required amendments cannot be made without injustice. The names of jurors, who shall be dead, disqualified, or no longer resident in the district, shall be passed over by the Sheriff in forming a panel. (1) ) Every person by pleading generally the plea of "not guilty" shall, without further form, be deemed to have put himself upon his trial, and in any plea of autrefois convict or autrefois acquit it shall be sufficient for any person to state that he has been lawfully convicted or acquitted (acquitted as the case may be) of the said offence charged in the indictment. (1) The deposition of a medical practitioner or other medical witness, taken and attested by a Magistrate in the presence of the accused person, may be read as evidence, although the deponent is not called as a witness. (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. B., on theday ofin the Western Area of Sierra Leone published a defamatory libel. When the jurors are ready to be sworn, the Registrar or other officer of the Court shall address the accused person as follows. ARREST GENERALLY 4. Download as pdf. (3)Any sentences of imprisonment passed under subsection (1) shall be deemed to commence from the date of arrest. Spanish has been an official language in Puerto Rico since it was first colonized by Spain in the 15th century. 58. (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. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such constable or other person may use sufficient force to effect the arrest but no more. 233. 5. Upon every such trial the decision of the Judge, with the aid of the assessors, as to all matters arising thereupon, which in the case of a trial by jury would be left to the decision of the jurors, shall have the same force and effect as the finding or verdict effects as finding of a jury thereon. 0000003971 00000 n e.A person charged and being a witness in pursuance of this Act may be asked any question in cross-examination, notwithstanding that it would tend to criminate him as to the offence charged. 43. 186 (1) The Court may in its discretion from time to time adjourn the trial, if necessary. 227. In the..Court at. To..(name) of(address), WHEREAS on the..day of19., you as principal party/surety entered, into a recognisance conditioned as follows---. (1) The Court shall then in the presence of the accused take the statements on oath of the witnesses of the prosecution and put such statements into writing (hereinafter referred to as "depositions"). Having, heard the evidence do you wish to say anything in answer to the charge (or charges)? 246. 72. Bail is the process by which a court releases a person pending appearance at a future court hearing. 24. ii. (5)The forms set out in the Appendix to these rules, or forms conforming thereto as nearly as may be, shall be used in cases to which they are applicable; and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case. In case where any person is so fined in his absence, the Registrar of the Court shall forthwith send him a written notice of the fact, requiring him to pay the fine or to show cause before the Court within four days, for not paying the. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. district of.. Now these are to command you to convey the said ..toand to, produce him before the.. (Magistrate) at..there to be dealt with according, WHEREAS application has been made to His Lordshipunder section 43 of the Criminal, Procedure Act, 1965, by me..(named of accused) a person accused of the offence of, AND WHEREAS it has been further ordered that I, the said ..(accused), shall enter into a bond, with surety that I shall, if. (2)The Principal Immigration Officer shall during the first week of August in each year furnish the Senior Police Magistrate in Freetown, with a list of names of all aliens known to him to be resident in the Western Area. 41. 225. 96. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. The person accused of any offence may be convicted of attempt. 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. (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. a.anything upon or in respect of which any offence has been or is suspected have been committed; b.anything which there is reasonable ground for believing will afford evidence as to the commission of any such offence, may at any time issue a warrant under his hand authorising any constable or other person named therein to enter any constable or other person named therein to enter any such building, vessel, vehicle, receptacle or place (which shall be named in the warrant) if necessary by force and to search the same and every person found therein and if anything searched for be found, to seize the same and arrest the occupier or owner of the said building, vessel, vehicle, receptacle or place if the Magistrate of Justice of the Peace thinks fit so to direct. Every Magistrate before whom any such recognizance shall be taken shall give a written notice to the person or persons entering into the same specifying the date and place at which his or their personal appearance is required, and the consequences of any failure to fulfill such obligation. or exemption from or qualification to the operation of the enactment creating the offence. Power to search for strangers in Diamond Protection Areas. 10 Local Courts Act 2011 Short title. (3)Should the true name and place of residence of that person be not ascertained within twenty-four hours from the time of arrest, or should he fail to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be brought before the nearest Court having jurisdiction. Part 2 regulates summary trial; Part 3 preliminary investigations. The accused shall sign or attest by his mark such record. (2) If the Court finds that the accused or the defendant is of unsound mind and consequently incapable of making his defence, it shall postpone further proceedings on the case. In the case of the inability of the Magistrate from any cause to perform the duties and to exercise the powers and authorities conferred by this Act, the Chief Justice may, from time to time, appoint in writing any other person to perform the said duties and to exercise the said powers and authorities. 18. Children and young persons accused of criminal offences shall be apprehended and tried in accordance with the provisions of the Children and Young Persons Act. 45. 137. (4)Where an amendment of an information is made under subsection (1) or where there is a variation between the information and the evidence as described in subsection (3), the Court shall, if it is of opinion that the accused or defendant has been thereby deceived or embarrassed, allow any witness to be recalled and further questioned upon any matters relevant to the amended or varied charge and the Court may adjourn the trial for such period as may be reasonably necessary. (7) Subject to any other provisions of these rules, it shall be sufficient describe any place, thing, matter, act or omission whatsoever to which it is necessary to refer in any information or indictment on ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act omission referred to. The purpose in developing a CCP is to provide refuge managers with a 15-year strategy for . 72. Share on Facebook. Forfeiture and levy of recognisances. 10 2011 Sierra Leone The Local Courts Act, 2011. 191. 227. 46. 240. When a person is charged with robbery and it is proved that he committed an assault with intent to rob, he may be acquitted of robbery and convicted of an assault with intent to rob although he was not charged with that offence. 214. 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. a certain will purporting to be the will of C.D. The omission to comply with any provision of this Part shall not make the execution of judgment of death illegal in any case where such execution would otherwise have been legal. Enforcement of warrants outside jurisdiction. In the.Court at.. To.(the person charged with the levy). 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. 2. 33. Immediately after the accuses shall so have had opportunity of making his answer to the charge, the Court shall ask him whether he desires to give evidence on his own behalf and whether he desires to call any witnesses, and the evidence of the accused together with the depositions of such witnesses as the accused shall call, and who shall appear on his behalf, shall then be taken in like manner as in the case of the witnesses for the prosecution. d.the time at which he is to attend before the Court including an undertaking to appear at such subsequent times as may be directed by the Court. (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. A. In theCourt at. 74. Prisoner to be released on bail or acquitted and discharged if not tried within a certain time. The law, the draft of which was tabled in Parliament under a "certificate of urgency" signed by Sierra Leone's President, appears to have been necessitated by a July 13, 2008, incident in which a South American aircraft filled with cocaine landed in a Sierra Leonean airport, serving as a wake-up call that current laws were out of date. (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a deceased person comes into question, the declaration of the deceased 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 deceased 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. 66. 77. 80. amounts to a breach of the peace in terms of the PUBLIC ORDER ACT 1965 as amended, . 1. (2) Every constable acting under this section shall before entering any premises by virtue of subsection (1) deliver or offer to deliver to the owner or occupier a statement in writing signed by him to the effect that he is entering the premises because he has reasonable grounds to believe that there is a stranger thereon. (3) On the restitution of any stolen property if it appears to the Court by the Evidence that the person convicted has sold the stolen property to any person, and that such person has had no knowledge that the same was stolen, and that any moneys have been taken from the person convicted on his apprehension and not returned to him under section 59, the Court may, on the application of such purchaser, order that out of such moneys a sum not exceeding the amount of the proceeds of such sale be delivered to the said purchaser. that an accused person committed to the Supreme Court or trial; iii. 185. OFFENCES BY NON-CITIZENS WITHIN THE TERRITORIAL SEA. 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