A.B., on the..day of..atin the Western Area of Sierra Leone, fraudulently, converted to his own use..Province or benefit certain property, that is to say, the sum of Le400 received by. In theCourt at. To..(name and designation of person or persons who is or are to, Whereas..(name of accused) ofAddress stands charged with the, offence of(Statement of offence). 13. 212. B. had the been sent by the said J. S. to S. P. for the said cloth, and that he, the said A. Restitution of property stolen or its value. 210. (2)If the remand is for not more than three clear days, the Court may by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue to keep the accused in his custody, and to bring him up at the time appointed for the commencement or continuance of the said investigation. a.persons accused of the same offence committed in the course of the same transaction; b.persons accused of an offence and persons accused of aiding and abetting or being an accessory to or of attempting to commit such offence; c.persons accused of different offences where all such offences are founded on the same facts or form or are part of a series of offences of the same or a similar character; d.persons accused of different offences committed in the course of the same transactions. (3)Warrants issued by a Court of summary jurisdiction shall be enforced in other districts, either of the Western Area or Provinces, by the Magistrate having jurisdiction therein. 149. B., on theday of.atin the Western Area of Sierra Leone, being clerk or servant to. 12. 108. 239. (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. Type: 81. B.and C..D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra. 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 (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. 103. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of the same, as follows: 1. Time and mode of summoning parties on indictment. A person who has been tried by a national court for the acts referred to in articles 2 to 4 of the . DATED this.day of.19 (This warrant may been endorsed as follows), If the said.shall enter into a recognisance himself in the sum of. (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. The accused shall then make his own unsworn statement or give his evidence on oath and thereafter he shall call his witnesses (including witnesses as to character). PART I - GENERAL PROVISIONS PROCEDURE 3. It also refers to any security which the court may demand such as cash or a bond required by the court for . At the conclusion of the evidence for the defence the accused shall be permitted to sum up his case to the Court and counsel for the prosecution shall be entitled to reply. 148. (8)When the accused is required to procure a surety or sureties, the recognisances of the sureties may be taken separately and either before or after the recognisance of the accused. Retentionist, but the Special Court for Sierra Leone does not have the power to impose the death penalty. Address by Registrar to accused before jurors are sworn. (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. 18. In the Case - SLAJ vs The State of Sierra Leone, the journalists' association argued that Part V of the 1965 Public Order Act contravenes Section 25(1) of Act No 6 of the 1991 Constitution of Sierra Leone. c)by the substitution for the words "six months" in line four of paragraph (c) of the words "one year". One project developed and implemented in cooperation with the World Wildlife Fund and the government of the Central African Republic emphasizes conservation of elephants and their habitats in protected areas such as the . (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. a.to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Sierra Leone; b.to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and. Privilege of persons committed for trial. (3)If the defence does not employ counsel, the Court shall, at the close of the examination of each witness for the prosecution, ask the accused or the defendant whether he wishes to put any questions to that witness. 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. 47. 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. Spanish has been an official language in Puerto Rico since it was first colonized by Spain in the 15th century. (5)Until an appointment is made to the office of Director of Public Prosecutions the powers conferred upon the Director Public Prosecutions by this section shall be exercised by the Attorney-General. 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. Upon taking these steps the Court shall proceed to hear and finally determine the matter in accordance with the provisions of Part II relating to summary trials. 36. 1. property taken care of and prevented from doing injury to himself or any other person or property, and for his appearance when required before the Court or before such officer as the Court may appoint in that behalf. Each list so prepared and delivered as aforesaid shall constitute the jurors' list for the district for which the same has been prepared, and shall come into operation on the first day of January in the next following year. 34. 231. (Place). 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. 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. 98. 187. wherein you were bound, and further to give you notice that if within six days of the date of service of this order and notice upon you, you fail to pay the said sum the same may be recovered in manner prescribed by distress and sale of your goods and chattels, and in default of the amount being so recovered you may be imprisoned for a period up to days. (2) If the accused or the defendant, as the case may be, is not before the Court when such nolle prosequi is entered, the Court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained, and also shall forthwith cause a similar notice in writing to be given to any witnesses bound over to prosecute and to their sureties (if any), and also to the accused and his sureties in case he shall have been admitted to bail. 42. THE CRIMINAL PROCEDURE ACTS, 1965 ARRANGEMENT OF SECTIONS Section No. amounts to a breach of the peace in terms of the PUBLIC ORDER ACT 1965 as amended, . 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. 0000035343 00000 n (3)In any case where two or more accused are jointly tried and some accused are defended by counsel and others are not, the Court shall for the purposes of procedure deem all the accused to be defended by counsel. 182. 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. This is an unofficial consolidation. B., might retain the same in safe custody. This Act shall come into operation on such date as the Commencement Prime Minister may by Order appoint: Provided that the Prime Minister may if he deems it expedient either By one Order or by different Orders appoint different dates for the coming into operation of different provisions hereof. 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. 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]. (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. The Governor-General shall issue an order under his hand and the Public Seal which may be in one of the forms set out in the Second Schedule, and if the sentence is to be carried out shall state the place, which shall be private and the time where and when the execution is to be had, and shall give directions as to the place of burial of the body of the person executed; and if the person sentenced is pardoned, the pardon shall state whether it is free or to what conditions it is subject. 248. 214. 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. A. b.by way of compensation or otherwise under sections 54 or 60. the Court may either order immediate payment, or allow time for payment, or direct payment to be made by instalments. Returns to be made to trial Court and Attorney-General. 194. (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. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. Challenge to the array, Peremptory challenges. 237. 242. the offence may enquired into and tried in any one of such Districts. 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. Suspension of execution of death sentence pending appeals. 89. (2) Notwithstanding any rule of law or practice, an information or indictment shall, subject to the provisions of this Act, not be open to objection in respect of its form or contents if it is framed in accordance with the rules under this Act. 0000006176 00000 n Deposition of medical practitioner may be read as evidence. Its value as a juridical weapon has been recently demonstrated by the historic achievement of the West African State of Sierra Leone in the prosecution and conviction by the United. against the a accused and shall call witnesses and adduce evidence in support of the charge. The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient. 140. (3)All criminal trials in which a plea has been taken at the commencement of this Act shall be inquired into and dealt with in accordance with the provisions of the Acts hereby repealed. When an accused person is arrested under a warrant endorsed for bail as provided by section 29. 70 of The advice and consent of the House of Representatives in this 1964 Present Parliament assembled, and by the authority of the same, as follows:. 10 2011 Sierra Leone The Local Courts Act, 2011. (1) In every case the Court may proceed either by way of Summons to the accused or the defendant or by way of warrant for the arrest of the accused in the first instance, according to the nature and circumstances of the case. For the purposes of sections 86 to 90. (2) Where an indictment is so amended, a note of the order for amendment shall be endorsed on the indictment, and the indictment shall be treated for the purposes of all proceedings in connection therewith as having been filed in the amended form. 110. Power to take offensive weapons or property of evidentiary value from arrested persons. Powers of Director of Public Prosecutions. 31. Trials in the Magistrates' Courts shall be conducted summarily in the manner and subject to the conditions laid, 93. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. 218. Section 5 of the principal Act is hereby amended by the insertion immediately after the word "suspend" in line two thereof of the words, "or revoke the appointment of'. 112 of 1984] Acts Nos. (3) If the case is one in which bail may not be taken, the Court shall release the accused or the defendant on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any person or property, and for his appearance before the Court or such officer as the court may appoint in that behalf. (2)The Magistrate's Court enquiring into or trying any case may in its discretion at any subsequent state of the proceedings, direct the personal attendance of the defendant, and, if necessary, enforce such attendance in manner hereinafter provided. (2)The Court, may if it thinks fit, and on the application of the accused person shall, summon and examine such deponent as to the subject matter of his deposition. 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. 11. 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). 217. (4)The search warrant shall be executed by the constable or other person who shall have charge thereof; but he may be accompanied by any other persons necessary to assist him. 0000071036 00000 n 48. : AND WHEREAS(name of prisoner) was on theday of 19.convicted before the.Court at..of murder and was thereupon by. The purpose in developing a CCP is to provide refuge managers with a 15-year strategy for . At close of prosecution case Judge to inform undefended accused of his rights. accused " means a person charged with a crime but does not include a defendant; " child " means a person under the age of fourteen years; " committed for trial " used in relation to any person, means committed to prison with a. view to his being tried before the Supreme Court and includes a person who is admitted to bail upon a recognisance to appear and take his trial before the said Court; " corporation " includes a statutory corporation as defined in subsection (9) of section 32 of the Constitution, a company formed and registered under the Companies Act or the Companies Act, 1924, and any Company to which Part IX of the Companies Act applies; " Court " means any Court of criminal jurisdiction established by law in Sierra Leone other than a Local Court in the Provinces administered under the Local Courts Act; " defendant " means a person charged with a summary offence and appearing before a Magistrate in answer to a summons; "indictment " means a document containing the charge against the accused signed by a Law Officer and every indictment purporting to have been signed as aforesaid shall be Presumed to be so signed until the contrary is shown; " information " means a document containing the charge or charges against the accused or the defendant and signed by the prosecutor and includes an indictment; " inquiry" includes preliminary investigation; " Judge " means a judge of the Supreme Court; " Law Officer " means the Attorney-General, the Solicitor-General, the First Parliamentary Counsel and every other Crown Counsel or Parliamentary Counsel; "Minister" means the Minister charged, for the time being with responsibility for matters relating to Social Welfare; "prosecutor" includes complaint and means a person who gives information or causes information to be given on his behalf against the accused or the defendant and who intentionally associates himself with the prosecution of however, that the mere signing of an indictment orsheet by a law officer or other person authorised that behalf by. 246. The Court shall inform every person condemned to death of the period within which, if he desires to appeal, his notice of appeal or of his application for leave to appeal must be given. Chapter I THE REPUBLIC OF SIERRA LEONE 1. Governor-General to make decision and communicate the same to the Judge. 14. Amendment of section 78 of Act No. When by accident or mistake a wrong verdict is delivered the jury may, before or immediately after it is recorded, amend the verdict, and it shall as ultimately amended. 5. Where at any stage of a trial the Court is of the opinion that the accused or the defendant may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same information or that for any other reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in one information the Court may order a separate trial of any offence or offences charged therein. 0000005969 00000 n Every challenge for cause, if objected to by the opposite party, shall be tried and determined by the Court without a jury, and the person challenged shall be examined on oath and shall be required to answer on oath, all lawful questions relating to the trial of the challenge. 77. 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 Part 4 provides for indictment and trial in . In the..Court.at. same were a judgment debt in the above mentioned Court. If any assessor unable to attend, trial may proceed. 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\ Paragraph (xii) of section 78 of the Prisons Act, 1961, is hereby amended. Notices to be given in certain cases. (4)Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the recognisance to the Court. "A.B. (2) State amount in which each surety is separately bound, followed by his signature or mark. ) ( b ) of the Magistrate holding the preliminary examination shall be.... 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