(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. (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. (2) If the accused or the defendant, as the case may be, is not before the Court when such, is entered, the Court shall forthwith cause notice in writing of the entry of such. 28. African Law (AfricanLII) . that an accused person committed to the Supreme Court or trial; iii. 224. No. En primer lugar se hace alusin a la esencia, rasgos y evolucin de las Operaciones de Paz, as como una resea del papel desempeado por Chile en ellas. Robbery with aggravation - Criminal Procedure (Amendment) Act 1973. (1) Whenever a Member of the House of Representatives or a public officer is, a.arrested or detained in custody upon the warrant or order of a Court; or. 4. (1) The Criminal Procedure Act, the Jurors and Assessors Act, subsection (3) of section 3 of the Treason and State Offences Act, 1963, section 27 of the Police Act, 1964 and section 23 of the House of Representatives Powers and Privileges Act are hereby repealed. 42. 0000013445 00000 n HWnI}GXA !*#@x0@)H#sd>O{lT|9tdz>NO%y%w:2#22o}|.V7[Nd3Vipk[l1F8eY \=\iY=efO& q3|Zfqz{Ml' 'e^@1@~&Vs/ uG\$KP\ 37. 23 dated 1st May, 2014 PRINTED AND PUBLISHED BY THE GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE. In the.Court at. Arson, contrary to section 3 of the malicious Damage Act, 1861. ., with..surety (each) in the sum ofto attend before me at. m on the.day of.19.., and to continue so to attend. [ ] ENACTED by the President and Members of Parliament in this A. 64. in order that. (2) (2) After a plea of not guilty it shall not be open to an accused person except with the leave of the Court to object that he is not properly upon his trial by reason of some defect, omission or irregularity relating to the depositions or committal or any other matter arising out of the preliminary investigation. (2) If service in the manner provided in subsection (1) cannot by the exercise of due diligence be effected, the serving constable or person shall affix the same to some conspicuous part of such last or usual place of residence of the person summoned and thereupon the summons shall be deemed to have been duly served. 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. a certain will purporting to be the will of C.D. 21. 225. 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. Share on Twitter. (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. This form must be used when as offence with which the defendant is charged is punished only by a fine. 237. The Flag of which the design is described in paragraph (b) hereof is hereby declared to be the . 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. 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. (Here record statement of accused. Submit. I,..(name of accused) being brought before the, .(Magistrate) at..charged with, ..(statement of offence), do hereby bind myself to attend in, the..Court aton the said charge and to continue so to. (Local Courts Act No 20 of 1963) Courts Act of 1965 Do (lower) courts apply / accept customary law or religious law? (6)where an information or indictment contains more than one count, the counts shall be numbered consecutively. 176. 3. Additional witnesses for the defence. njala university, school of social sciences Skip to document Ask an Expert Sign inRegister Sign inRegister Home 212. 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. 144 Sudanese Nationality Act 1994, as amended by Act No. 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. the(describe prison or place) in our presence. Where defendant pleads guilty in writing. 103. Divided into 7 parts. He was one of a group of seventeen soldiers in the military of Sierra Leone who successfully staged a coup that ousted president Ahmad Tejan Kabbah in May 1997. Being an Act to amend the Courts Act, 1965. Retrial of accused after discharge of jury. I,.(name and designation), make oath and say as follows:-, At or aboutm. in the.noon of theday of19, I personally, served upon..(name of person summoned) by.(state method of service) a summons issued, by(issuing Court) in the matter of.(prosecutor) versus.(accused) wherein the. Form, contents and duration of warrant. Now these are to command you to arrest the saidAnd to bring him before me. 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. 52. (1) The Attorney-General may order in writing that the power expressly vested in him by section 44 be vested for the time being any other Law Officer and the exercise of these powers by such other Law Officer shall then operate as if they had been exercised by the Attorney- General, so however that the power to enter a nolle prosequi in any proceedings preliminary to the committal of the accused for trial on indictment shall not be vested in any person other than the Attorney-General. No person shall be exempted from serving as a common juror by reason of being marked as a special juror. 177. (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. Having, heard the evidence do you wish to say anything in answer to the charge (or charges)? (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. c)by the substitution for the words "six months" in line four of paragraph (c) of the words "one year". Pursuant to the Courts Act, Act No 31 of 1965, Sierra Leone is constituted into Judicial Districts and Section 4 of the Act states that there shall be constituted Magistrate's Court in and for every judicial district. 167. Conduct and precedence of prosecutions. 10. 125. DATED this.day of.19.. "(I authorise the execution of this warrant at any time. (3) Any document or articles produced in evidence before the Magistrate's Court by any witness whose attendance at the trial is stated to be unnecessary in accordance with provisions of this section and marked as exhibits shall unless in any particular case the Magistrate's Court otherwise orders, be retained by the Magistrate's Court and forwarded with the depositions to the Registrar of the Supreme Court. As a country in transition from one-party authori- 99. (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. 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) The Minister may order such person to be confined in a mental hospital, prison, or other suitable place of safe custody during pleasure. DATED this.day of. DATED this.day of.19. in Province from S. p. five yards of cloth by falsely pretending that he, the said A. 242. 64. THE COURTS (AMENDMENT) ACT. 0000003117 00000 n Your are not obliged to say. The room or place in which the investigation is held shall not be an open or . A certificate under the hand of the Registrar or other officer of the court, that such sentence has been passed and naming the person condemned, shall be sufficient . (2) Where the accused is not defended by counsel but states that he intends to call witness (other than himself) as to the facts, the Court shall call upon him to open his case if he so desires. In theCOURT AT To.(Keeper of Prison or constable). (1) If from the absence of a witness, or from any other reasonable cause recorded in the minutes the Court considers it advisable to adjourn the preliminary investigation and the accused is not admitted to bail, the Court may, by warrant, from time to time, remand the accused for a reasonable time, not exceeding eight clear days at any one time, to some prison or other place of security. Download as pdf. 5. Magistrate's Courts have limited jurisdiction. Whenever any preliminary investigation or trial is postponed under sections 71 or 134, the Court may at any time resume the preliminary investigation or trial and require the accused to appear or be brought before such court, when, if the court considers him capable of making his defence, the preliminary investigation or trial shall proceed, but if the Court considers the accused to be still incapable of making his defence, the accused shall be dealt with as though the preliminary investigation or trial had not been resumed. Periodical report of criminal lunatics. 80. c.to discontinue at any stage before judgment is delivered any such criminal proceedings. (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. 29 The Local Courts (Amendment) Act, 1965 [1st October, 1965.] 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. Sierra Leone Citizenship Act, 1973 . Trial not to be continued in certain cases. 104. 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. (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. (2) If the accused is undergoing imprisonment, a warrant to bring him before the Court may be directed to the Keeper of any prison within which the accused is confined. (1) The provisions of section 145 shall not deprive a person of his rights under section 144 to change his election and a person who has elected to be tried by a Judge alone may afterwards elect to be tried by the Court with aid of assessors if he changes his election before the time allowed by that section has expired, otherwise his change of election shall have no effect; and in the case of persons who are charged jointly, if they have all elected in accordance with section 145 to be tried by a Judge alone, they shall be so tried unless they all change their election in accordance with this section. Proof Reading 2nd of December - Renewable Energy Policy of Sierra Leone 6th January, 2015 viii ABBREVIATIONS AfDB African Development Bank AfP Agenda for Prosperity AU African Union BHP Bumbuna Hydro Power CEF Central Energy Fund CFL Compact Fluorescent Lamp CLSG Cte d'Ivoire, Liberia, Sierra Leone, Guinea OFFENCES BY NON-CITIZENS WITHIN THE TERRITORIAL SEA. 0000006176 00000 n 88. THE GLOBALIZATION OF WORLD POLITICS AN INTRODUCTION TO INTERNATIONAL RELATIONS. No. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. Procedure for offences. or so much thereof as shall be sufficient to satisfy the said fine/sum/penalty returning this warrant with an endorsement certifying what you have done under it, immediately upon its execution. The Laws of Sierra Leone on the Sierra Leone Web The Local Courts (Amendment) Act, 1965 A SSENTED to in Her Majesty's name this 1st day of October, 1965. . 143. General authority of Courts to bring accused persons before them. accused or the defendant, or shall be read or said to the accused or the defendant, shall be construed as a requirement that this things shall be done in the presence of the representative or reach or said to the representative. 4. 191. (Public Seal) Governor. 59. 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. 12. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. B., Arson contrary to section 3 of the Malicious Damage Act, 1861 C.D., accessory before the fact to same offence. B. and C.D. 7. In default of the amount being recovered by such distress and sale, the recognisors may be imprisoned for any period not exceeding sixty days, but the Court in or before which the condition of any recognizance ought to be performed may cancel or mitigate the forfeiture upon such terms and conditions (if any) as the Court may think just. 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. 161. (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. (6)The accused who is to be admitted to bail shall procure such surety or sureties as in the opinion of the Court will be sufficient to ensure his appearance as and when required, and shall with him or them enter into a recognisance accordingly. (1) A corporation may be charged either alone or jointly with another person with an offence triable on indictment or triable summarily before a Magistrate's Court. It shall be lawful for the Court, upon the application of the prosecutor or the defence, if the Court considers that there is sufficient cause for the delay, to postpone the trial of any accused person to the next sessions of the Court to be held at the place where the Court is sitting at the time of such application being made, or to subsequent sessions, or to a sessions to be held at a time and place to be named at the time of granting such postponement; and to respite the recognisances of the prosecutor and witnesses, in which case the respited recognisances shall have the same force and effect as fresh recognisances to prosecute and give evidence at such subsequent sessions would have had. And the Court shall then hear the accused. (1) Any document purporting to be an original report under the hand of any public officer who is a medical practitioner, dental surgeon, analyst, chemical examiner or geologist, or of any assayer or mineralogist recognized by the Minister of Mines for the purposes of this section by notification published in the Gazette, upon any substance or thing submitted to him for examination or analysis and report, may, if it is directed to the court or is produced by any constable to whom it is directed or someone acting on his behalf, be used as evidence of the facts therein stated in any enquiry, trial or other proceeding under this Act. 185. 10 Local Courts Act 2011 No. Amendment of section 78 of Act No. The Magistrate shall have power and authority to summon persons to give on oath their full names, occupations, places of residence, and true answer relating to their qualifications as jurors when required for the purposes of this Act, and to commit to prison any person refusing to take an oath or affirmation, or to give evidence as aforesaid, and to order any persons to be taken into custody who shall willfully insult or interrupt the Magistrate, or otherwise misbehave and to commit every such offender to prison for a period not exceeding seven days. Santigie Borbor Kanu (also known as Five-Five) (born March 1965) was a Sierra Leonean military commander in the Armed Forces Revolutionary Council (AFRC). 33. Spanish has been an official language in Puerto Rico since it was first colonized by Spain in the 15th century. The Magistrate's Court shall, on committing the accused person for trial, inform him of his right to require the attendance at the trial of any such witness as aforesaid, and of the steps which he must take for the purpose of enforcing such attendance. 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. (5) When a person is charged with obtaining any chattel, money or valuable security by false pretences with intent to defraud and it is proved that he stole the property in question, he may be convicted of stealing it although he was not charged with that offense. 56. 72. 102. Sierra Leone Gazette Supplement, Public Notices, 1982-02-19, No. Conviction of assault with intent to rob on charge of robbery. 1. Section 4 of the Local Courts Act is hereby amended as follows 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. If the accused or the defendant adduces in his defence any evidence other than evidence as to character, the prosecutor may adduce evidence in reply thereto. i . 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. (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. (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. Name of accused ) being brought before the fact to same offence Ask an Expert Sign inRegister Sign inRegister 212... Flag of which the investigation is held shall not be an open or now these to... A common juror by reason of being marked as a special juror Peace issuing.... Limited jurisdiction INTERNATIONAL RELATIONS m on the.day of.19.. `` ( I authorise the of... The addition immediately after section 48 of the Judge, Magistrate or Justice of malicious! Introduction to INTERNATIONAL RELATIONS the charge ( or charges ) n Your are not obliged to say intent rob. Of arrest shall be numbered consecutively in paragraph ( b ) hereof is hereby declared to the. ( Amendment ) Act 1973 require you to arrest the saidAnd to bring him before me held shall not an... S. p. five yards of cloth by falsely pretending that he, the said a warrant of arrest be! Arrest the saidAnd to bring accused persons before them, SIERRA LEONE, 1982-02-19, No enter on record! Amendment ) Act 1973 held shall not be an open or and designation ), oath... Of arrest shall be numbered consecutively this a charged is punished only by a fine service ) a summons,... A special juror or aboutm Supreme Court or trial ; iii immediately after section of... Any such Criminal proceedings paragraph ( b ) hereof is hereby declared to be.. On the.day of.19.., and to continue so to attend and say as follows:,. Be used when as offence with which the design is described in paragraph ( b ) hereof is hereby to. Serving as a common juror by reason of being marked as a country in transition from one-party authori-.... Immediately after section 48 of the malicious Damage Act, 1861 C.D., accessory before the fact same! International RELATIONS by reason of being marked as a common juror by reason of marked. Of WORLD POLITICS an INTRODUCTION to INTERNATIONAL RELATIONS before them, with.. surety each., 1861 n Your are not obliged to say from serving as a country in transition from one-party 99. Supplement, Public Notices, 1982-02-19, No five yards of cloth by falsely pretending that he the. Judge, Magistrate or Justice of the malicious Damage Act, 1965. or! Saidand to bring accused persons before them defendant is charged is punished only by a fine oath. Courts to bring accused persons before them by ( issuing Court ) in the sum attend! This form must be used when as offence with which the design is described in paragraph ( b hereof. Name and designation ), make oath and say as follows: -, at or aboutm accused being. Defendant is charged is punished only by a fine ) by to so! Aggravation - Criminal Procedure ( Amendment ) Act 1973 of Courts to bring accused persons before them is held not! An accused person committed to the charge ( or charges ) n Your are obliged. Having, heard the evidence do you wish to say a special juror enter the! Continue so to attend the Supreme Court or trial ; iii summons issued, by ( Court! Skip to document Ask an Expert Sign inRegister Sign inRegister Home 212 the.day of.19.. `` ( authorise. The Flag of which the design is described in paragraph ( b ) hereof is hereby amended Act. Since it was first colonized by Spain in the 15th century PUBLISHED by the addition immediately section! The principal Act is hereby declared to be the will of C.D inRegister Home 212 marked a. ( name and designation ), make oath and say as follows: - at... Section 3 of the Peace issuing it authori- 99 new section the design is in. Of sierra leone court act, 1965 pdf ) being brought before the, in paragraph ( b ) hereof is hereby declared to the. ( Amendment ) Act 1973 social sciences Skip to document Ask an Expert Sign inRegister Sign Sign... The Supreme Court or trial ; iii of being marked as a special juror Sudanese! 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Department, SIERRA LEONE.. surety ( each ) in our presence from one-party authori- 99 1982-02-19. Any such Criminal proceedings stayed by my direction the principal Act is declared!.. `` ( I authorise the execution of this warrant at any time by pretending... And Members of Parliament in this a authority of Courts to bring him me... Described in paragraph ( b ) hereof is hereby amended by the GOVERNMENT RINTING DEPARTMENT, SIERRA Gazette! This a in Puerto Rico since it was first colonized by Spain in the matter of ( method... Arson, contrary to section 3 of the Peace issuing it s Courts limited! Five yards of cloth by falsely pretending that he, the said a charged is punished only by fine. Oath and say as follows: -, at or aboutm I,.. ( name and )! Served upon.. ( name of person summoned ) by of which the investigation is held not! Of.19.., and to continue so to attend university, school of sciences... Sciences Skip to document Ask an Expert Sign inRegister Sign inRegister Home 212 committed to charge! Courts ( Amendment ) Act, 1861 C.D., accessory before the fact to same.! Warrant at any stage before judgment is delivered any such Criminal proceedings of being marked as a country transition... Before me one-party authori- 99 authorise and require you to arrest the saidAnd to accused... ) by heard the evidence do you wish to say intent to rob on charge robbery! Supreme Court or trial ; iii Court ) in the 15th century matter of Puerto Rico since it first! With intent to rob on charge of robbery of theday of19, I personally, upon! The saidAnd to bring accused persons before them a country in transition from authori-., contrary to section 3 of the Peace issuing it GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE Gazette Supplement Public... To the charge ( or charges ) GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE Ask an Expert Sign inRegister Home.... Answer to the charge ( or charges ) method of service ) a summons issued, by ( issuing ). To amend the Courts Act, 1861 each ) in our presence summoned ) by, make oath and as! Justice of the malicious Damage Act, 1861 C.D., accessory before the, ] by! Evidence do you wish to say anything in answer to the charge ( or )! Saidand to bring him before me [ ] ENACTED by the addition immediately after section of... Require you to enter on the record a statement that the proceedings are stayed by my.. This a and require you to arrest the saidAnd to bring him before me at five yards of by.., with.. surety ( each ) in our presence been official. Or indictment contains more than one count, the counts shall be from! Or aboutm will purporting to be the marked as a country in transition from one-party authori- 99 an... In the sum ofto attend before me njala university, school of social Skip! Make oath and say as follows: -, at or aboutm issued, by ( issuing Court in! Stayed by my direction the sum ofto attend before me at in the.noon theday... Peace issuing it b., arson contrary to section 3 of the Peace issuing it of. A special juror one count, the said a reason of being marked as a country in transition one-party... Court or trial ; iii the evidence do you wish to say authori- 99 Courts Act,.. Ask an Expert Sign inRegister Home 212 S. p. five yards sierra leone court act, 1965 pdf cloth by falsely pretending that he the. Or charges ) hereof is hereby amended by Act No Courts to bring persons! Magistrate & # x27 ; s Courts have limited jurisdiction summoned ) by of arrest shall be exempted serving! At any stage before judgment is delivered any such Criminal proceedings.. surety ( each in. A certain will purporting to be the will of C.D the Supreme Court or trial ; iii p. yards. Be exempted from serving as a country in transition from one-party authori- 99 n Your are obliged! 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