C.D., with intent to defraud, omitted or concurred in omitted from or from or in cash book belonging to the said C.D., his employer, a material particular that is to say, the receipt on the day of Le100 from H.S. 0000016227 00000 n
newspaper, falsely representing that A. b. (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) 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. Number of Act: 3. 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, 175. B., on the..day of.at.in the Western Area of Sierra Leone, fraudulently converted, to his own use..Province Or benefit certain property, that is to say, Le 100 entrusted to him by E.S. (1) At the close of the evidence for the defence, or, where it is sought to rebut evidence of good character, after evidence of good character has been given, the Court may, in its discretion, grant the prosecutor leave to call rebutting evidence where something has arisen ex improviso, in the course of the defence. 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. 99. Expenses of commitment .. At the Supreme Court holder at..on the.day. Local Courts (Amendment) Act, 1965 (No. Act regulates relations between employers and employed, and safeguards heath of the employed. Postponement of trial, recognisances. where the deposition is that of a witness whose attendance at the trial is stated to be unnecessary as aforesaid, that the witness has been duly notified that he is required to attend the trial. Non-appearance of defendant in answer to summons or after adjournment. 148. In this Act, unless a contrary intention appears -. " 227. (3)When the whole is made conformable to what the accused declares is the truth, the statement shall be attested by the Magistrate, who shall certify that such statement was taken in his presence and hearing and contains accurately the whole statement made by the accused. the(describe prison or place) in our presence. (1) Any constable may without a warrant arrest -. [23rd March, 2006] Enacted by the President and Members of Parliament in this present Parliament assembled. 168. 80. Universal jurisdiction is one of international law's core concepts. CUSTOMARY JUSTICE As in many post-colonial countries, Sierra Leone has a dual legal system and this dualism is recognised in the 1965 Courts Act. c.the Court may make such order as to admitting the accused to bail, and as to the enlargement of recognisances and otherwise as the Court thinks fit. 204. relating to the condition of any motor vehicle or trailer, may, if it is directed to the Court or produced by any constable to whom it is addressed or by someone acting on his behalf, be admitted as evidence of the facts therein stated in any preliminary investigation or trial before a Magistrate's Court. (2)Any document purporting to be an original report under the hand of a qualified medical practitioner or dentist relating to the nature or extent of the injuries of any person certified to have been examined by such practitioner or dentist, may if it is directed to the Court or is produced by any constable to whom it is addressed or by someone acting on his behalf, be admitted as evidence of the facts therein stated in any preliminary investigation or trial before a Magistrate's Court. Conviction of assault with intent to rob on charge of robbery. CERTIFICATE UNDER SECTION 124, CRIMINAL PROCEDURE ACT, 1965. custody together with this warrant, and there to carry the aforesaid sentence into execution according to law. 5. Magistrate's Courts have limited jurisdiction. Calling of husband and wife in certain cases. 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. If at the time and place for the hearing of the case, both the accused or defendant and the prosecutor appear before the Court, it shall proceed to hear and finally determine the charge. Now these are to command you to receive the saidinto your custody together with this warrant, and him safely to keep in the said prison for the period ofunless the sum of, ..(as set out at the foot hereof) be sooner paid, and on the receipt thereof forthwith to set. (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. (1) Order for payment of money. 131. If the accused or defendant admits the truth of the charge the Court may convict him thereof, or refuse to accept a plea of in guilty, as it thinks fit. When constable may arrest without warrant. (2) Where such evidence in rebuttal is given, counsel for the defence shall be entitled to comment on the evidence so given. To..(Officer), WHEREAS..(name of accused) of.(Address) was brought before me aton, theday of.19charged with the offence, of(statement of offence) committed at.in the. 2. (2) The Chief Justice may make Rules for carrying this section into effect and in particular for making provisions as to the manner in which application is to be made for the consent of a Judge of the Supreme Court for the preferment of an indictment. The Sheriff shall in each case cause the duplicate of every certificate and declaration required by this Act to be exhibited, as soon as may be, and kept exhibited for twenty-four hours at least, on or near the principal entrance of the Prison or some other public building or place situate within the district wherein judgment of death is executed. 109. (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. 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). Sierra Leone is a Sovereign Republic, the boundaries of which are delimited in the First Schedule hereto. (4)The Establishment Secretary shall before the end of August in each year submit to the Senior Police Magistrate, Freetown, a list of all office-holders who have been exempted under item (xvi) of subsection (2) of section 151. (2) Except with the leave of the Court, no person other than a juror shall speak to or hold any communication with any member of the jury while the jury are considering their verdict. (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. At close of prosecution case Judge to inform undefended accused of his rights. 213. (1) Every information or indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge. IN THE SUPREME COURT OF SIERRA LEONE (ORIGINAL JURISDICTION) . 183. (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. 96. A Court may, before passing sentence, receive such evidence as it thinks fit, in order to inform itself as to the sentence proper to be passed. xYlCaj0_ZqsC(
OU*IyM/^OT@:qxKsbIS :EApc4N( 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. Expenses of conveyance to prison .. ARREST WITHOUT WARRANT 11. 7. 97. sessions but one after the sessions to which he was originally committed he shall on his application made on the last day of such first mentioned sessions be acquitted and discharged, unless the Court sees good reason to the contrary . (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. ORDER 9 PETITIONS-GENERAL PROVISIONS 1. (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. Subsection (4) of section 42 of the principal Act is hereby repealed. ., with..surety (each) in the sum ofto attend before me at. m on the.day of.19.., and to continue so to attend. 146. (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 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. 5. 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. And I hereby authorise you to enter by force into the.(Place to be searched) if you are not admitted after. (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. H. J. L. BOSTON, Governor-General. proof of any 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. 0000006176 00000 n
(1) If on any trial for any of the offences mentioned in sections 25, 26, 27 and 28 of the Larceny Act, 1916, the facts proved in evidence authorize the conviction for some other of the said offences and not the offence wherewith the accused or defendant is charged, he may be found guilty of the said other offence and thereupon he shall be punished as if he had been convicted on information or an indictment charging him with such offence, except that no person shall be convicted under this subsection of an offence, the maximum punishment for which is greater than that prescribed for the offence charged. when an offence is committed partly in one District and partly in another; or, iii. 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. 10. A. (4)If the accused person who had not appeared as aforesaid is charged with felony, or if the Court in its discretion refrains from convicting the defendant in his absence, the Court shall issue a warrant for the arrest of the accused, and cause him to be brought before the Court. 242. the said Court sentenced to suffer death: AND WHEREAS it is in my judgment expedient that the Queen's mercy should, on the conditions hereinafter mentioned, be extended to the said. NOW, THEREFORE, by virtue and in exercise of the said powers in this behalf vested in me by the Constitution, I, do hereby in Her Majesty's name and on Her behalf grant unto the, said..Her Majesty's pardon for the offence whereof he stands so convicted as, aforesaid, on condition that the said..shall be kept imprisoned for the rest of his life/a. I,(name) of(address), do hereby bind myself to. before the Supreme Court unless in the meantime you receive other directions as to his disposal. Section 4 of the Local Courts Act is hereby amended as follows, a)by the insertion immediately after the word "Vice-President" in line 2 of subsection (1) thereof of the words "or Vice-Presidents where he considers it necessary to appoint more than one"; and. (2) ) In this section "petition" means a motion or petition for special leave to appeal to Her Majesty in Council and includes, where appropriate, any application relating to such motion or petition. Whereas.(name of accused) of(address) has been committed for, trial by the..Court ofstands charged before the on a charge of. 162. 1 of 2006; Sierra Leone Citizenship Amendment Act No. 0000001892 00000 n
published and caused or procured to be sold, uttered , and published and obscene libel the particulars of which are deposited with this indictment. (2)The accused shall be entitled to cross-examine the witnesses for the prosecution and shall be information of such right if not represented by a legal practitioner. 112. THE CRIMINAL PROCEDURE ACTS, 1965 ARRANGEMENT OF SECTIONS Section No. Privilege of persons committed for trial. (1) Where, before trial upon information or at any stage of such trial, it appears to the Court that the information is defective, the Court shall make such order for the amendment of the information 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.