sierra leone court act, 1965 pdf

However, the key arbitration legislation in Sierra Leone, Chapter 25 of the Laws of Sierra Leone 1960 (Cap 25) is in the process of being revised. sentenced/ordered to pay a fine/sum/penalty of.. AND WHEREAS the said..has not paid the said fine/sum/penalty or any part thereof: Now these are to command you to make distress by seizure of the goods and chattels belonging to the, said.which may be found within the district ofand if the said, sum shall not be paid forthwith/within..days next after such distress/to sell the property distrained. 62. (2) State amount in which each surety is separately bound, followed by his signature or mark. Retentionist, but the Special Court for Sierra Leone does not have the power to impose the death penalty. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. (2) Every such warrant shall state shortly the offence with which the person against whom it is issued is charged and shall name or otherwise describe such person and it shall order the person or persons to whom it is directed to apprehend the person against whom it is issued and bring him before the Court issuing the warrant or before some other court having jurisdiction in the case to answer to the charge therein mentioned and to be further dealt with. 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. (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. to prosecute (or to prosecute and give evidence) in the matter of a charge of And whereas it has been made to appear to me by information upon oath that the said, .was about to go out of Sierra Leone, and he has been arrested under a warrant, Now these are to command you to receive into your custody the said..and safely to, keep him until the trial of the saidand to produce him upon the day of such trial. 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. 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. 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 Trial by Judge alone on election of accused. Last amendment included here is the Sierra Leone Citizenship (Amendment) Act, 1976, which entered into force on 26 August 1976. (1) The accused person shall be allowed to examine any witness, although not previously bound over to give evidence and shall, if he apprehends that the witness will not attend the trial voluntarily, be entitled to apply for the issue of process to compel the witness's attendance. 211. Particulars of Offence, A. Sentence of death shall not be pronounced or recorded against a person convicted of any offence if it appears to the Court that at the time when the offence was committed he was under the age of eighteen years; but in lieu thereof the court shall sentence him to be detained during Her Majesty's pleasure and if so sentenced, he shall be liable to be detained in such place and under such conditions as the Governor-General may direct, and whilst so detained shall be deem to be in legal custody. 45. 0000005969 00000 n Interpretation 2 In these rules: "Act" means The Court of Appeal Act, 2000; "application" includes a motion; "court" means the Court of Appeal; "court appealed from" includes, where appropriate, a tribunal; (3)Where such an endorsement is made, the officer in charge of any police station which on arrest the person named in the warrant is brought shall release him upon his entering into such recognisance with sureties approved by that officer in accordance with endorsement, conditioned for his appearance before the Court and at the time and place named in the recognisance. B. and C. D., in H.S. the Prosecutor that A.B is charged with the following offence (offences)-. in order to hear the statement which I propose to take from the said Now these are to command you to produce the said prisoner at.(place) at..m. on.the.day of..next there to continue until the said statement shall have been. (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. The various classifications of these divisions indicate the types of cases that are heard in these courts. WHEREAS information has been given to me upon oath of the commission or suspected or intended commission of, the offence of..(statement of offence) and it has been made to appear to me that there is reasonable cause to, suspect that..(specify the animal, matter or thing clearly) or some of them are concealed. 236. b.it must be proved at the trial either by a certificate purporting to be signed by the Magistrate before whom the deposition purports to have been taken or by the clerk to such Magistrate, that the deposition was taken in the presence of the accused and that the accused or his advocate had full opportunity of cross-examining the witness; c.the deposition must purport to be signed by the Magistrate before whom it purports to have been taken: Provided that the provisions of this section shall not have effect in any case in which it is proved, i.that the deposition, or, where the proof required by paragraph (b) is given by means of a certificate, that the certificate was not in fact signed by the Magistrate by whom it purports to have been signed; or. The purpose in developing a CCP is to provide refuge managers with a 15-year strategy for . Amendment of section 78 of Act No. (1) No indictment shall be signed or filed in respect of any criminal offence unless there has been a committal for trial consequent upon a previous preliminary investigation in accordance with the provisions of Part III or an enquiry or inquest held in accordance with the provisions of the Coroners Act, except in the case of indictments which by law may be preferred by the direction of, or with the consent in writing of, a Judge, and, in the case of informations known as ex-officio informations, by the Attorney-General: Provided that where the accused has been committed for trial the indictment may include either in substitution for or in addition to counts charging the offence for which he was committed, any counts founded on facts or evidence disclosed in the depositions being counts which may be lawfully joined in the same indictment. Procedure where entry not obtainable. Certificate of superintendent of hospital to be evidence. 123. Statements as to wages to be evidence. WHEREAS..(name of offender) was on theday, of..19.convicted before me of the offence of.and. 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. 56. 156. 0000012053 00000 n 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. b. in the case of a petition, after the expiration of forty-two days from the date of the decision of the Court of Appeal, and if, within the appropriate time allowed, any such notice is given or petition is made, the sentence shall not be executed until the appeal or petition is finally rejected or the application for leave to appeal is finally refused, as the case may be. Whenever it appears to any Court that any person dangerously ill or hurt, and not likely to recover, is able and willing to give material information relating to any offence, and it shall not be practicable to take the depositions of the person so ill or hurt . Issue of search warrants and proceedings thereunder. (4)Such book shall belaid before the Magistrate present at the time when and place where the recognisor is required to appear, and such Magistrate may enlarge the recognisance to such further time as he may appoint. (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. (1) In making an arrest the constable or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action. (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. 66. (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. 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. (3)Where the Magistrate who commenced or continued the preliminary investigation is unable for any sufficient reason to continue it after an adjournment, it shall not be necessary for his successor to re-commence such investigation unless it appears to him that the case is one upon which he should himself adjudicate under section 6 of the Courts Act, 1965. Courts Act,1965. Whenever a Magistrate's Court issues a summons in respect of any offence other than a felony, it may if it sees reason to do so, and shall when the offence with which the defendant is charged is punishable only by a fine or by imprisonment not exceeding three months (whether with or without a fine) dispense with the personal attendance of the defendant, provided that he pleads guilty in writing or is represented by a legal practitioner. Pursuant to the Employers and Employed Act, Chapter 212, modifies damages court may award in the case of an employment contract breach. 122. 126. 246. 186 (1) The Court may in its discretion from time to time adjourn the trial, if necessary. 0000016227 00000 n 233. 25. c.that such an order is otherwise expedient for the ends of Justice. ,)n6ooYYWvH/`dUO._l^.}Yu . 100. 35. A. In any information or indictment against any person in which evidence of the previous conviction, or acquittal of such person for any offence is relevant to the issue, a certificate containing the substance and effect only (omitting. The warrant of such first named Court shall be sufficient authority to the keeper of any prison appointed for the custody of prisoners committed for trial, although out of the jurisdiction of such Court. 41. (2) Every constable acting under this section shall before entering any premises by virtue of subsection (1) deliver or offer to deliver to the owner or occupier a statement in writing signed by him to the effect that he is entering the premises because he has reasonable grounds to believe that there is a stranger thereon. (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. Written offers "without prejudicen save . Trial of children and young persons. hospital/prison atas a criminal lunatic until further order. 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'. 124. 90. and at the time of or immediately before immediately after such robbery did use personal violence to the said C. D. Burglary, contrary to section 25 (1) and larceny contrary to section 13 of the Larceny act, 1916. 75. (2) A recognisance so taken shall be of full and equal obligation on the parties entering into the same, and liable to all proceedings for the forfeiture and levy of recognisances provided by section 129. All arrested persons to be brought before a Court without delay. Sierra Leone Gazette Supplement: Acts, 1965-10-21, No. 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. Procedure where accused consents to summary trial. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry . in accordance with the provisions of Part III in relation to preliminary investigation, the Court may take in writing the statement on oath or affirmation of such person, and shall subscribe the same, and certify that it contains accurately the whole of the statement made by such person, and shall add a statement of the reason for taking the same, and of the date and place when and where the same was taken, and shall preserve such statement and file it for record. CERTIFICATE UNDER SECTION 124, CRIMINAL PROCEDURE ACT, 1965. (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. (b) if such criminal offence is not punishable by death be tried by the court with a jury consisting of twelve men: unless, i.such person shall have elected to be tried, or shall have been ordered to be tried by the court with the aid of Assessors in accordance with the provisions of sections 144: or. In theCOURT AT To.(Keeper of Prison or constable). (1) Any Court issuing a warrant for the arrest of any person in respect of any offence other than murder or treason may, in its discretion, direct by endorsement on the warrant that, if such person enter into a recognisance with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed by the Court, the officer to whom the warrant is directed shall take such security and shall released such person from custody. (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. B., on the.day ofatin the Western Area of Sierra Leone, maliciously set fire to. 8. Universal jurisdiction is one of international law's core concepts. Prosecutor and witnesses may be required to enter into recognisances. (2) The Court shall record the exact words of the answer to the charge made by the accused or defendant and if such answer does not consist merely of the words "guilty" or "not guilty", as the case may be the Court shall record its interpretation of such answer and whether in the opinion of the Court it amounts to a plea of guilty or not guilty as the case may be. 18. 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. (10) Every indictment shall bear date on the day when the same is signed and With such modifications as shall be necessary to adopt it to the circumstances of each case, may commence in the following form:-, IN THE SUPREME COURT OF SIERRA LEONE The..day of 19. Every sentence of death shall direct that the person condemned shall be hanged by the neck until he is dead, but shall not state the place of execution. CERTIFICATE UNDER SECTION && OF THE CRIMINAL PROCEDURE, I(name) of(address), the Medical Superintendent of the, Mental Hospital athereby certify that(name of. 175. that an accused person committed to the Supreme Court for trial instead of being tried at the place where he would but for the order have been tried, be tried by the Supreme Court at such other place as may be specified in the order. I,.(Judge of the Supreme Court or other designation) hereby certify that the, condition of the recognisance entered into by..and set out on the obverse hereof has not been, You are hereby directed to cause to be served upon the said..the order and notice required b. section 129 of the Criminal Procedure Act, 1965: And you are further directed that if the said sum shall not have been paid to you within six days of the service of such order and notice, you shall proceed to recover the same by distress and sale of the goods and chattels of the, saidand in default of the amount being so recovered you shall lodge the said, ..in the prison at.there to be kept safely for a period. A. 1. (2)Judge shall then give judgment, and in so doing shall not be bound to conform with the opinions of the assessors, but he shall record his judgment in writing and in every case the judgment shall contain the point or points for determination, the decision thereon and the reasons for the decision, and shall be dated and signed by the Judge at the time of pronouncing it.. (3)If the accused is convicted, the Judge shall pass sentence on him according to law. 35. 196. 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. Teachers in public and private schools; xi. No. Person to be paid 11. The Court, having heard the witnesses and other evidence adduced, and what may be alleged by the parties themselves or their counsel, shall consider the whole matter, and finally determine the case, and shall either convict the accused or the defendant and pass sentence or make an order against him according to law or acquit him as the case may be and shall cause a record to be made of the point or points for determination, the decision therein and the reason for the decision: Provided that the Court may, at any time before such final determination upon being satisfied that there are sufficient grounds for doing so, allow the prosecutor to withdraw any charge against the accused or the defendant whereupon such charge shall be deemed to be dismissed. 242. 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. 185. If the statement taken in writing under section 61 relates or is expected to relate to an offence for which any person is under a charge or committal for trial, reasonable notice of the intention to take the same shall be served upon the prosecutor and accused, and if the accused is in custody, he shall be brought by the person in whose charge he is, under an order in writing of the Court, to the place where the statement is to be taken. 2. 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. 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 . Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. 151. (2) If the accused states that he has witnesses to call but they are not present, the Court may, under the circumstances set forth in section 117, take the steps therein mentioned to compel their attendance. (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. in Province from S. p. five yards of cloth by falsely pretending that he, the said A. (2) Any person who commits on an aircraft operated by or on behalf of a company registered in Sierra Leone, 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. (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. 0000003971 00000 n (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. Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. 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. Divided into 7 parts. 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. 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. (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. This is to authorize and require all persons to whom the saidshall be delivered to receive the, said.into their custody together with this certificate, and him safely to keep. 106. 1 of 2006; Sierra Leone Citizenship Amendment Act No. concerning E. F. in the form of a letter, book, pamphlet picture, or as the case may be. 144. 88. The Governor-General may make rules to be observed on the execution of a judgment of death, for the purposes, of guarding against any abuse in such execution and giving greater solemnity to the same, and of making known without the prison walls that such execution is taking and has taken place. National Land Commission Act, 2022 (Act 19 of 2022) Arbitration Act, 2022 (Act 18 of 2022) . 203. ..(animal, matter or thing) be found. QUALIFICATIONS OF JURORS AND PREPARATIONS OF JURORS' LIST. If a person is confined in a mental hospital under the provisions of section 71 and the medical superintendent of such hospital certifies that, in his opinion, the accused is capable of making his defence, such accused shall be taken before the court at such time as the court appoints, to be dealt with according to law, and the certificate of such medical superintendent shall be receivable in evidence. WHEREAS.(name of accused) has the day appeared before me charged with. : AND WHEREAS(name of prisoner) was on theday of 19.convicted before the.Court at..of murder and was thereupon by. (1) When the Court orders money to be paid by a convicted person, a.for a fine, penalty or the expenses of his prosecution; or. 176. 0000073714 00000 n Order for amendment of indictment, separate trial and postponement of trial. In the..Court.at. 9. Every Magistrate before whom any such recognizance shall be taken shall give a written notice to the person or persons entering into the same specifying the date and place at which his or their personal appearance is required, and the consequences of any failure to fulfill such obligation. (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. ARREST GENERALLY 4. B., might retain the same in safe custody. (3)Such constable as aforesaid shall enter in a book, kept for that purpose in every police station in the Western Area and lock-up in the Provinces, the name, residence and occupation of the person entering into recognisance, and of his surety or sureties, if any, with the condition of the recognisance, and the sums deposited or acknowledged. against the a accused and shall call witnesses and adduce evidence in support of the charge. 0000007848 00000 n ., with..surety (each) in the sum ofto attend before me at. m on the.day of.19.., and to continue so to attend. 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. 191. Payment out of money paid into court under the Exchange Control Act 10. Santigie Borbor Kanu (also known as Five-Five) (born March 1965) was a Sierra Leonean military commander in the Armed Forces Revolutionary Council (AFRC). Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S . E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published.
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