Part 4 provides for indictment and trial in . (1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence. 3. (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. 62. 47. Sierra Leone is a Sovereign Republic, the boundaries of which are delimited in the First Schedule hereto. (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. 160. Particulars of Offence A. 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. 172. Error or omission not to affect legality or execution of order or warrant. of AND WHEREAS the.has not paid the said. Where a sentence or conviction does not order the payment of money, but orders that the offender be imprisoned, the Court shall issue a warrant of commitment accordingly. The forms set out in the Second Schedule may be used in all proceedings to which they are applicable with such variations as circumstances require, and shall valid and effectual for all purposes. Provided that it shall be lawful for a Magistrate other than the Magistrate who originally committed the accused person for trial to re-open the case and deal with it in terms of this subsection if such other Magistrate has assumed the duties of the Magistrate who originally committed the accused person for trial. 9. 103. 20. 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. The Court may, in any circumstances in which the Court has power upon summary conviction to issue a warrant of commitment to prison in respect of the non- payment of a fine or penalty, in lieu of issuing such warrant, issue a warrant of detention in a police station, and unless the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), is sooner paid to the constable holding the warrant, the warrant shall authorise any constable to convey the person named therein to any convenient police station and for that purpose to arrest him, and shall authorise the officer in charge of any police station to detain him there till the hour of eight in the morning on the day following that on which he is arrested under the warrant or, if he is so arrested between mid-night and eight in the morning on any day, on that day: Provided that the officer in charge of the police station in which a person is detained under this section may discharge him at any time within two hours before the hour of eight in the morning if the officer thinks it expedient so to do in order to enable him to go to his employment or for any other reason appearing to the officer to be sufficient. 108. 5. 59. 66. 26. 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. when an offence is committed partly in one District and partly in another; or, iii. 193. 135. and obscene libel the particulars of which ate deposited with this indictment. 158. Procedure where entry not obtainable. 90. 169. (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. 2 of 1984 13 of 1986 10 of 1989 4 of 1991 27 of 1991 3 of 1992 2 of 1996 13 of 1996 17 of 1996 Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. Number of Act: 3. The Criminal Procedure Acts The Goverment of Sierra Leone Information, Sierra Leone Web, Sierra Leone PDF. General authority of Courts to bring accused persons before them. 61. 123. (2) The following persons shall be exempted from serving on any jury. For the issuing of a summons the information need not be put in writing or be sworn to unless the Court so directs. 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\ Such punishment may be inflicted summarily on an order to that effect by the Court, and any fine imposed shall be recoverable by distress and sale of the moveable and immoveable property of the person fined, by warrant of distress to be signed by the Registrar of the Court, which warrant shall be issued by the Sheriff without further order of the Court, if the amount of fine is not paid within six days of its having come to his knowledge by notice or otherwise that the fine has been imposed, if imposed in his absence. Type: The Local Courts (Amendment) Act, 1965 [1st October, 1965.] 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. Leone, and that they were then able to supply certain articles of jewelry to whomsoever would remit to them the sum of twenty leones. 10 Local Courts Act 2011 No. in order that. 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. 229. On the.day of.. You should be present at the said time and place in order to hear the said statement made *(and to cross-examine the. 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. 105. On 11 January 2022, the President of Sierra Leone assented to the Finance Act 2022. (3) This section shall not prejudice or affect the trial of any act of piracy as defined by the law of nations. 190. WHEREAS..(name of offender) was on theday, of..19.convicted before me of the offence of.and. (2) If two or more of the assessors are prevented from attending or absent themselves, the proceedings shall be stayed and a new trial shall be held with the aid of fresh assessors. And whereas the condition of the said recognisance has not been performed: Now these are to order you to pay the sum of.the amount of such recognisance. A. 5 OF 2009) THE COMPANIES REGULATIONS, 2015 In exercise of the powers conferred upon the Commission by sections 494 and 530 of the Companies Act, 2009 the Commission hereby makes the following Regulations - PART I-PRELIMINARY 1. c.any offence against sections 20, 21 and 22 of the Larceny Act, 1916. DATED this..day of. 79. 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. If too long for this space continue overleaf). 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. A. Subsection (4) of section 42 of the principal Act is hereby repealed. WHEREAS(name) is now lying ill/hurt at(address) and is not expected to recover: And whereas it is expedient that(name), a prisoner now in your custody, should be present. DATED thisday of.19.. (1) Order for payment of money. 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. 74. 130. 156. Falsification of accounts, contrary to section 1 of the Falsification of Accounts Act, 1875. B. to commit the said offence. (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. 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. 164. 222. 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 . For the purposes of sections 86 to 90. a)by the insertion immediately after the word "Court" in line one of subsection (5) of the words "in a civil case or matter"; b)by the substitution for the words "if the convicted person (or in a civil case, either of the parties)" in lines one and two of subsection (6) of the words "if in a civil case, either of the parties". 6. The Courts (Amendment) Act, 2006. (1) A warrant under the hand of the Judge or Magistrate by whom any person shall have been sentenced, ordering that the sentence shall be carried out in any prison within Sierra Leone, shall be sufficient authority to the keeper of such prison and to all other persons for carrying into effect the sentence described in such warrant, not being a sentence of death. the Prosecutor that A.B is charged with the following offence (offences)-. You are hereby commanded to arrest the said..and to produce him before me. 31. 101. 3. (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. 0000003117 00000 n 4 201 No. Last amendment included here is the Sierra Leone Citizenship (Amendment) Act, 1976, which entered into force on 26 August 1976. (1) The Magistrate of each Judicial District shall prepare and settle a jurors' list for his area for the year commencing on the first day of January in each year in accordance with the provisions of this part. convicted, pay the costs of the prosecution: Now I.(name of accused), of.of, ..(address) hereby bind himself that I will, in the event of my being convicted. WHEREAS.(name) is lying ill/hurt at(address) and is not likely to recover, and, whereas it appears to me that the saidis able and willing to give material, information relating to the offence of.(statement of offence) alleged to have been committed, Now, therefore, take notice that I propose to take in writing and upon oath or affirmation the statement of the said. Governor-General to make decision and communicate the same to the Judge. 246. (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. 0000001151 00000 n 2. newspaper, falsely representing that A. 85. These Rules may be cited as the Criminal Procedure Rules. 233. 2. B. was then authorized by the said J.S. (1) A corporation that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as the punishment for that offence, or where no fine is Prescribed, a.to be fined in an amount that is in the discretion of the Court where the offence is triable on indictment; or. How warrants addressed, and by whom executed. 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. b. 64. (1) At the close of the evidence in support of the charge if it appears to the Court that the case is made out against the accused or the defendant sufficiently to require him to make a defence the Court shall ask him if he wishes to say anything in answer to the charge, or has any witnesses to examine or other evidence to adduce in his defence, and the Court shall then hear the accused or the defendant and his witnesses and other evidence, if any. 0000071036 00000 n a. The accused shall sign or attest by his mark such record. [23rd March, 2006] Enacted by the President and Members of Parliament in this present Parliament assembled. Any person, who on any examination on oath under any of the provisions of this Act willfully and corruptly give false evidence, shall be guilty of perjury. 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. Conviction of assault with intent to rob on charge of robbery. 225. (a) The wife or husband of a person charged with an offence under sections 48 to 55 of the Offences against the Person Act, 1861, may be called as a witness either for the prosecution or defence and without the consent of the person charged. 84. (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. The Registrar or any other person directed by the Court shall endorse on, or annex to, every indictment and, every copy thereof to be delivered to the Sheriff or Deputy Sheriff for service on the accused, a notice of trial, which notice shall be in the following form, or as near thereto as may be. 207. 136. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. on theday ofand on divers days between That day andday, ofatin the Western Area Province of Sierra Leone, conspired together with intent to defraud by. B., on the.day ofat.in the West Area of Sierra Leone, maliciously damage on mango, tree there growing. 5. Offences at sea or elsewhere out of Sierra Leone. Nothing in sections 30 and 31 shall authorise any person, other than a Judge, to grant a warrant to search for a document in the custody of the Postal or Telegraph authorities or of any Telegraph Company. (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. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. (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. 77. The Mayor of Freetown, Paramount Chiefs and Chairman of Town Councils and of other local authorities; viii. If the Attorney-General is of the opinion that there is in any case committed for trial any material or necessary witness other than those mentioned in the depositions, the prosecutor may call the witness before the trial Court upon giving to the Registrar of the Court and to the accused notice of his intention to do so together with a summary of the evidence to be given by the witness. 126. If the Court considers that the evidence against the accused is not sufficient to put him on his trial, the Court shall forthwith order him to be discharged as to the particular charge under investigation; but such discharge shall not be a bar to any subsequent charge in respect of the same facts: Provided that nothing contained in this section shall prevent the Court from either forthwith, or after such adjournment of the investigation as may seem expedient in the interest of justice, proceeding to investigate any other charge upon which the accused may have been summoned or otherwise brought before it, or which in the course of the charge so dismissed as aforesaid it may appear that the accused has committed. PART V - SPECIAL TRIALS TRIAL OF CORPORATIONS. 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. (b) Nothing in this Act shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness, without the consent of that person. 82. In cases where the right of reply depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply. Of 19.The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. of.days, and for so doing this shall be sufficient warrant and authority to all concerned. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. Sierra Leone Legal System Outline - Njala University, School of Social Sciences and Law, Department - Studocu The Module introduces student to Sierra Leone Legal System which entails the court systems, court procedures etc. 150. (1) All such warrants shall be valid and effectual throughout Sierra Leone, wherever the person against whom such warrant is issued, or any goods and chattels of such person may be found. 235. Where it appears to the Court that distress and sale of his goods and chattels would be ruinous to the person convicted and ordered to pay money for a fine or penalty and his family, or (by his confession or otherwise) that he has no goods whereon a distress may be levied, or other sufficient reason appears to the Court, the Court may, if it thinks fit, instead of or after issuing a warrant of distress commit him to prison for a period specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid. 7. 86. 19-20. In the.Court at. Arrest how made. (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. concerning E. F. in the form of a letter, book, pamphlet picture, or as the case may be. (7)The Court may dispense with sureties if, in its opinion, its so dispensing will not tend to defeat the ends of justice. A. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. When constable may arrest without warrant. Santigie Borbor Kanu (also known as Five-Five) (born March 1965) was a Sierra Leonean military commander in the Armed Forces Revolutionary Council (AFRC). Accused to be informed of complaint. 186 (1) The Court may in its discretion from time to time adjourn the trial, if necessary. In the.Court at.. To.(the person charged with the levy). A. Evidence of person married otherwise than by Civil or Mohammedan Marriage. WHEREAS..(name of criminal lunatic) being charged before the, Court with the offence ofwas this day by special finding found to be, Now these are to authorise you to received the said..into your custody and safely to keep, WHEREAS.(name of accused), being charged before, the..Court atwith the offence, of.was by special finding the said Court to be not guilty of the act or, Now, therefore, I.the Minister responsible for Social Welfare, do hereby order the, said..of.to be confined in the mental. No. A person who has been tried by a national court for the acts referred to in articles 2 to 4 of the . The Laws of Sierra Leone on the Sierra Leone Web. 55. Submit. Forgery, contrary to section 2 (1) (a) of the Forgery Act, 1913. ,)n6ooYYWvH/`dUO._l^.}Yu . (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. DATED this.day of. 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