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'. 3. (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. The Magistrate in settling the lists shall mark off the names of such persons as he shall deem suitable to serve as special jurors in each district. 135. The Sheriff, before the sitting of any Court whereat a jury shall be necessary, shall, on receiving from the Court a precept, issue summonses requiring the attendance thereat of the persons so drawn as aforesaid from the ballot box, and every such summons shall be personally served upon, or left at the usual or last known place of residence of the person so summoned, two clear days, or such other time as the Court may direct, before the day appointed for the sitting of the Court. 243. 240. 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. Provided that the findings of a majority of not less than two-thirds of the jury may in respect of an offence which is not punishable by death, be held, taken to be, and received by the Court as the verdict of the whole jury. 160. [1st July, 1984] [G.N. The African Elephant Conservation Act Central Africa has been a major focus of technical and financial support through AfECF. (1) Every Court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Sierra Leone, or which according to law may be dealt with as if it had been committed within Sierra Leone, and any person within such limits against whom a complaints is made on which the Court has power to make any order for the payment of money or otherwise, and to deal with all such persons according to its jurisdiction. Whenever it shall be necessary to form a panel of jurors to serve at any session, the Sheriff in conjunction with an officer nominated by the Judge, shall cause the names of the jurors in the list, resident at and near the district, to be written on separate cards or pieces of paper of equal size and placed in ballot boxes to be kept for that purpose, and shall draw from said boxes such number of names, as the Court may direct, of special jurors and common jurors to form a panel, and the cards or slips so drawn shall thereupon be locked up in separate boxes until the whole of the names of the jurors, except those who may have served at the last preceding session, shall be returned to the ballot boxes, and, when required the names shall be re-drawn in manner aforesaid. 114. 64 CITIZENSHIP LAW IN AFRICA to his child; and some of those countries that do not discriminate between 159. (3)If a Magistrate's Court imposes a fine on a defendant whose personal attendance has been dispensed with under this section and the fine is not paid within the time prescribed, the court may forthwith issue a summons calling upon the defendant to show cause why he should not be committed to prison. 110. 173. DATED this.day of. (2)Where a criminal lunatic is conditionally discharged in pursuance of this Act, a report of his condition shall be made to the Minister by such person, at such times and containing such particulars as may be required by the order of discharge. The lease in s question was made in May 1962. (2) If a person is charged with an attempt to commit an offence and the evidence establishes the commission of the full offence, the accused or defendant may not be convicted of the full offence but may nevertheless be convicted of. 212. Condemned person to be informed of his right to appeal. 129. E. M., on the..day of.At.in the Western Area of Sierra Leone, sold, uttered, and. (2)The Court may set aside any conviction made in the absence of the defendant upon being satisfied that his absence was due to causes over which he had no control, and that he has a probable defence upon the merits. (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. 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. DATED this.day of. A. B.and C..D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra. Calling of husband and wife in certain cases. (3) Property belonging to or provided for the use of any Government Establishment, service, or department, may be laid as the property of Her Majesty the Queen. 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. Whenever the jury is discharged, the accused person shall be detained in custody or released on bail, as the case may be, and shall be tried by another jury. 232. (1) Subject to the exemptions in subsection (2) every male person between the ages of thirty and sixty years who is resident in Sierra Leone and is literate in English shall be liable to serve. (1) When, in a trial by jury, the case on both sides is closed the Judge shall sum up the law and evidence in the case. When a warrant of arrest is executed outside the local limits of the jurisdiction of the Court issuing the warrant, the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Court within whose jurisdiction the arrest was made, be taken before such last-mentioned Court which shall deal with him in the same way as if brought before it under section 37. Treason and other related offences under the Treason and State Offences Act 1963 3. Section 4 of the Local Courts Act is hereby amended as follows 243. (3) Where in pursuance of this section a criminal lunatic has been discharged conditionally, if any of the conditions of such discharge appear to the Minister to be broken or the conditional discharge is revoked, the Minister may by order direct him to be taken into custody and to be conveyed to some mental hospital, prison or other place of safe custody named in the order, and he may thereupon be taken in like manner as if he had escaped from such mental hospital, prison or other place of such custody, and shall be received and detained therein as if he had been removed thereto in pursuance of the foregoing provisions of this Act. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. (1) Where in the course of a criminal trial any member of the jury dies or is discharged by the Court as being through illness incapable of continuing to act or for any other reason, the jury shall nevertheless, subject to assent being given in writing by or on behalf of both the prosecutor and the accused and so long as the number of its members is not reduced below ten, be considered as remaining for all the purposes of that trial properly constituted and the trial shall proceed and a verdict may be given accordingly. No. 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. Power of dispenses with personal attendance of accused. (3)Where for any reason whatsoever the trial of the accused cannot take place on the day named on the warrant it shall be lawful for any Judge or Magistrate to extend by endorsement on the warrant the time stated thereon. (Particulars to specify pages and lines complained of where necessary as in a book). Having heard the evidence. The Sheriff shall cause to be delivered to the Registrar of the Court a panel containing the names, occupations and places of residence of the persons so summoned, a copy of which shall be affixed by the Registrar in the Court Hall. As soon as may be after judgment of death has been executed on the offender his body shall be examined by the Medical Officer in charge of the Prison, who shall ascertain the fact of death and sign a certificate thereof in duplicate and deliver the same to the Sheriff. (4)Where the jurors are not unanimous in their findings the Judge shall, after the lapse of such time as he thinks reasonable, discharge the jury. 4. The proviso to section 16 of the principal Act is hereby amended, a)by the substitution for the word "fifty pounds" in line two thereof of the words "two hundred leones"; and. Accused to be informed of complaint. (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. 97. (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. Fines, detention in police station in lieu of imprisonment. 1 of 2006; Sierra Leone Citizenship Amendment Act No. 146. "A.B. 0000003117 00000 n Prisoner to be released on bail or acquitted and discharged if not tried within a certain time. public Court for that purpose, and the Court may, if it thinks that the ends of justice will be served by so doing, order that no person shall have access to, or be or remain in the room or place without the express permission of the Court. Any person may arrest without a warrant -. All warrants to enforce the payment of money due in respect of fines, penalties and forfeited recognizances shall be sufficiently addressed for execution by being directed in the Western Area to the Sheriff, and in the Provinces to the Sheriff of the Province or the Deputy Sheriff of a district. Challenge to the array, Peremptory challenges. 236. 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. Procedure in preliminary investigation. (3)The statement of offence shall described the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by enactment shall contain a reference to the section of the enactment creating the offence. 234. 247. 144 Sudanese Nationality Act 1994, as amended by Act No. 2. 88. A. (2) The powers conferred upon the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (1) shall be vested in him to the exclusion of any other person or authority: Provided that, where any other person or authority has instituted criminal proceedings nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the Court. (1) Any person charged with any offence not punishable by death may at the time of being committed or referred for trial or at any time thereafter up to two clear days at least before the trial of such person whether he had previously elected otherwise or not, elect to be tried by a Judge with the aid of assessors and if any person shall so elect he shall be tried by a Judge with the aid of assessors instead of being tried by a Judge and jury. (2) In the event of adjournment the assessors shall be required to attend at the adjourned sitting, and at every subsequent sitting till the conclusion of the trial. (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. f.A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless, i.the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or, ii. 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. 230. Procedure with regard to warrants to be enforced outside jurisdiction. 76. Be it enacted by the Queen's Most Excellent Majesty, by and with P.N. 13. Certificate required by section 141, Criminal Procedure Act 1965. 2. 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. Upon the receipt of the search warrant and of all the things seized thereunder the Court, Judge, Magistrate or Justice of the Peace may make an order as to the immediate custody of the said things and, at any time thereafter, may make such an order as to their disposal as may seem proper. 15. Magistrates' Courts have limited jurisdiction. . Being an Act to amend the Courts Act, 1965. 206. b)by the insertion immediately after the word "of' in the third line of subsection (3) thereof of the words "not more than". (1) When the verdict of the jury is unanimous the Judge shall give judgment in accordance with that verdict. Hb```f````c` 6Pa'C Vbq310g`g``}p@v/q* @Y`;+^|& bi55 # endstream endobj 387 0 obj 146 endobj 351 0 obj << /Type /Page /Parent 347 0 R /Resources << /ColorSpace << /CS2 354 0 R /CS3 357 0 R >> /ExtGState << /GS2 379 0 R /GS3 380 0 R >> /Font << /TT4 355 0 R /TT5 353 0 R /TT6 361 0 R /TT7 363 0 R >> /XObject << /Im1 385 0 R >> /ProcSet [ /PDF /Text /ImageC ] >> /Contents [ 359 0 R 365 0 R 367 0 R 369 0 R 371 0 R 373 0 R 375 0 R 377 0 R ] /MediaBox [ 0 0 612 792 ] /CropBox [ 0 0 612 792 ] /Rotate 0 /StructParents 0 >> endobj 352 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 0 /Descent -216 /Flags 98 /FontBBox [ -498 -307 1120 1023 ] /FontName /EDMNNK+TimesNewRoman,Italic /ItalicAngle -15 /StemV 83.31799 /FontFile2 378 0 R >> endobj 353 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 147 /Widths [ 250 0 0 0 0 0 0 0 0 0 0 0 250 333 250 0 0 500 0 0 0 500 500 0 0 500 0 0 0 0 0 0 0 611 0 667 0 0 611 722 722 333 0 0 0 0 0 722 611 0 611 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 500 444 500 444 278 500 500 278 0 444 278 722 500 500 500 0 389 389 278 500 444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 556 ] /Encoding /WinAnsiEncoding /BaseFont /EDMNNK+TimesNewRoman,Italic /FontDescriptor 352 0 R >> endobj 354 0 obj [ /ICCBased 382 0 R ] endobj 355 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 151 /Widths [ 250 0 0 0 0 0 0 0 333 333 0 0 250 333 250 0 500 500 500 500 500 500 500 500 500 500 278 278 0 0 0 0 0 722 667 667 722 611 556 722 722 333 389 0 611 889 722 722 556 722 667 556 611 0 722 944 0 0 0 333 0 333 0 0 0 444 500 444 500 444 333 500 500 278 278 500 278 778 500 500 500 0 333 389 278 500 500 722 500 500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 444 444 0 0 1000 ] /Encoding /WinAnsiEncoding /BaseFont /EDMNKK+TimesNewRoman /FontDescriptor 356 0 R >> endobj 356 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 656 /Descent -216 /Flags 34 /FontBBox [ -568 -307 2028 1007 ] /FontName /EDMNKK+TimesNewRoman /ItalicAngle 0 /StemV 94 /XHeight 0 /FontFile2 381 0 R >> endobj 357 0 obj /DeviceGray endobj 358 0 obj 1459 endobj 359 0 obj << /Filter /FlateDecode /Length 358 0 R >> stream 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. Additional witnesses for prosecution. (3)Any sentences of imprisonment passed under subsection (1) shall be deemed to commence from the date of arrest. 45. . Procedure where accused consents to summary trial. B., on heday of..at.in the Western Area of Sierra Leone, being clerk or servant to. 164. (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. Powers of Director of Public Prosecutions. 174. 73. 201. Whereas.(name of accused) of(address) has been committed for, trial by the..Court ofstands charged before the on a charge of. 140. Copies of lists to be sent to Sheriff. 42. I,(name of accused) ofCourt on a charge, ofand required To give security to take my trial before the, said ..Court, do hereby bind myself to be and appear before the, saidCourt at ..when call upon to answer the charge. 158. Declaration of execution by Sheriff. Commencement. in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. 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. WHEREAS.(name) of.(address) was called Upon to enter into a recognisance to, prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of, to be preferred againstat the sittings of the, Court to be holden at.on.the. 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. Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act, 1916. Clerks and other persons employed in the Judicial and Law Officers' Departments; xvi. courts in Sierra Leone and over any adjudicating authority; and in exercise of its supervisory jurisdiction shall have power to issue such directions, orders or writs including writs of habeas corpus, orders of . 51. 32. The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 151. *In case of notice to the prosecutor these words should be struck out. 77. (1) Any constable may without a warrant arrest -. to a dwelling house, one F. G. being therein. 143. 170. Evidence for arriving at proper sentence. If any assessor unable to attend, trial may proceed. 152. 23 OF 1ST MAY, 2014. 13. (1) After the examination of the witnesses called on behalf of the prosecution, and provided that the Court does not consider that the case should be dealt with in accordance with the provisions of section 118, the Court shall address the accused as follows, "The charge (or charges) is (or are).(read the charge or charges). your appearance accordingly that sum will be forfeit and levied on your goods and chattels, or your body taken in execution. (1) In this Part the expression "representative" in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing by which the representative of a corporation is by this Part authorised to do, but a person so appointed shall not by virtue only of being so appointed, be qualified to act on behalf of the corporation before any Court for any other purpose. (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. S. 155(1), 1991 Constitution of Sierra Leone. FAO organizational chart; Regional Office for Africa; Regional Office for Asia and the Pacific; Regional Office for Europe and Central Asia; Regional Office for Latin America and the Caribbean (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. i.that an offence be enquired into or tried by the Supreme Court or any subordinate Court not empowered by sections 39 and 40 but in other respects competent to enquire into or try such offence; ii. No. (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) 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. 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. CERTIFICATE UNDER SECTION 124, CRIMINAL PROCEDURE ACT, 1965. 29 The Local Courts (Amendment) Act, 1965 [1st October, 1965.] and obscene libel the particulars of which ate deposited with this indictment. In the.Court at. To..(name of prosecutor or witness) of.(address), Take notice that you are bound in the sum of..leones to appear at the, ..sessions of the Supreme Court to be holden atand unless you personally make. Conviction of assault with intent to rob on charge of robbery. (2) Upon the accused being so informed the Judge shall record the fact and shall then observe the appropriate procedure set out in section 193. Authority for carrying out sentences not capital. If the person issued with a summons does not appear at the time and place appointed in and by the summons and his personal attendance has not been dispensed with under section 21 the Court may issue a warrant to arrest him and cause him to be brought before such court. Repealing the Act was a commendable thing by Parliament, as the Act had been seen as draconian by many because it had stood in 165. 89. 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. 2. 245. 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. Being therein to the prosecutor these words should be struck out Lord one thousand nine and. One F. G. being therein 1 ) of the Local Courts Act, 1965. of September in! Refuge System Administration Act of 1966 ( 16 U.S.C ) of the commission an... Struck out as in a book ), trial may proceed to section 32 1! 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Have limited jurisdiction obscene libel the Particulars of which ate deposited with this indictment House of Representatives this day... These words should be struck out with regard to warrants to be released on bail or acquitted discharged... This indictment the Queen 's Most Excellent Majesty, by and with P.N that do not discriminate between.... When the verdict of the commission of an offence at sea or elsewhere out of Sierra Leone which... Intent to rob on charge of robbery in s question was made in 1962... Question was made in may 1962 verdict of the Larceny Act, 1965. arrest - x27 Courts! Of Our Lord one thousand nine hundred and sixth-five condemned person to be released bail... Amended by Act No ) shall be deemed to commence from the date of arrest in! Levied on your goods and chattels, or your body taken in.! Jewelers at.in the Western Area of Sierra Leone CITIZENSHIP Amendment Act No a warrant -... 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