(3) For the purposes of this section the expression "sessions" does not include any sessions designated by the Chief Justice as a special sessions. (3)Where a representative appears, any requirement of this Act that anything shall be done in the presence of the. The names of jurors, who shall be dead, disqualified, or no longer resident in the district, shall be passed over by the Sheriff in forming a panel. COURT OF APPEAL RULES 5 Rel. 251. Sierra Leone is a Sovereign Republic, the boundaries of which are delimited in the First Schedule hereto. WHEREAS at a preliminary investigation held by me into a charge of.preferred against, ..(name of accused) I committed the, said..(name of accused) for trial by the Supreme Court Upon the said charge and. (3)A licence may at any time be revoked or varied by the Governor-General and where a licence has been revoked, the persons to whom the licence related shall return to such place as the Governor-General may direct, and if he fails to do so, may be apprehended without warrant and taken to that place. Notices to be given in certain cases. PART VI - EXECUTION OF SENTENCES CAPITAL SENTENCES. 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. (b) it shall be sufficient if only the words of the section of the enactment creating the offence are set out in the particulars of the offence. 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. Error or omission not to affect legality or execution of order or warrant. (a) a Judge may on the application of the prosecutor, direct a Law Officer to sign the indictment and the indictment shall be signed accordingly; b.the provisions of this section shall not be construed so as to derogate from the powers conferred upon the Attorney-General by section 44 of this Act or section 73 of the Constitution. Now these are to command you to arrest the saidAnd to bring him before me. (2) Indictments signed by a Law Officer, otherwise than at the instance of any other person, shall have priority of hearing, and shall be heard in the order they are presented by the Attorney-General or his representative, and no jury or assessors shall be empanelled or selected for any such case until it has been so presented. are). 133. in order that. (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. Any warrant so endorsed shall have the like effect as any warrant issued under subsection (1). 112. 2. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. (2) Whenever any such building, vessel, vehicle, receptacle or other place is closed, any person residing in or being in charge of the building, vessel, vehicle, receptacle or place shall on the demand of the constable or other person executing the search warrant, allow him free entry thereto and afford all reasonable facilities for a search therein. 46. 5. When a person is charged with robbery and it is proved that he committed an assault with intent to rob, he may be acquitted of robbery and convicted of an assault with intent to rob although he was not charged with that offence. The Mayor of Freetown, Paramount Chiefs and Chairman of Town Councils and of other local authorities; viii. Sierra Leone Web; Human Rights Commission; Special Court of Sierra Leone; Law Reform Commission; Law Commons - Journal Articles; LawCite; Sierra Leone Parliament; Other African Law. The Sheriff or Deputy Sheriff shall, as soon as may be after having received a copy of the indictment and notice of trial, and three days at least before the day specified therein for trial, or within such lesser time as the Court may for good cause order, by himself or other person authorized by him, deliver to the party charged the said copy and notice and explain to him the nature and exigency thereof, and when the said party is not in custody or shall have been admitted to bail and cannot readily be found, he shall leave a copy of the said indictment and notice of trial with some person of his household for him, at his dwelling house and if none such can be found, shall affix the said copy and notice to the outer or principal door of the dwelling house of the party charged: a.in any such case where an indictment is signed and filed without previous investigation and committal for trial, the accused shall be entitled to at least seven days notice as aforementioned; b.nothing herein contained shall prevent any person in custody or awaiting trial at the opening of or during any sessions, from being tried thereat, if he shall have been served with a copy of the indictment and notice of trial not less than three days or seven days, as the case may be, before the date on which he is to be tried; c.such last-mentioned period of three days or seven days may be reduced to a shorter period, if any such person shall express his assent thereto and no special objection be made on the part of the Crown. custody together with this warrant, and there to carry the aforesaid sentence into execution according to law. (1) Notwithstanding anything contained in sections 76 and 77 where it is certified by the superintendent of a mental hospital or other medical practitioner appointed for that purpose by the Chief Medical Officer, that the mental balance of the accused would be jeopardised by the strain of a trial, the proceedings against the accused shall not be continued unless the Attorney-General informs the court that he considers it essential in the public interest for the trial to proceed. (1) 4. the Third Schedule to this Act, to which Sierra Leone is a party, and any . (Here record statement of accused. The witness called for the prosecution shall be subject to cross-examination by or on behalf of the accused and to re-examination on behalf of the prosecution. Clerk of the House of Representatives. 217. 31. (1) When the accused appears to be of sound mind at the time of the preliminary investigation, the Court, notwithstanding that it is alleged that at the time when the act was committed in respect of which the accused person is charged he was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that it was wrong or contrary to law, shall proceed with the case, and if the accused ought to be committed for trial, the Court shall so commit him. 29 The Local Courts (Amendment) Act, 1965 [1st October, 1965.] H i l l University of Washington. 0000014763 00000 n 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. And I hereby authorise you to enter by force into the.(Place to be searched) if you are not admitted after. Subsection (1) of section 9 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. 139. The Court before asking the accused in pursuance of section 6 of the Courts Act, 1965, whether he consents to the case being heard and finally determined summarily, shall explain to him the difference between the case being dealt with summarily and in the usual course. 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. The person accused of any offence may be convicted of attempt. 40. Any compensation or expenses awarded under section 54 to 57 or paragraph (b) of subsection (1) of section 60 shall not be regarded as a penalty, but shall be recoverable as a judgment debt in the Court by which the order for payment is made: Provided that nothing in this section contained shall in any way affect or limit the powers conferred upon the Court by sections 59 and 60. 102. (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. In the event of a committal for trial the written charge, the depositions, the statement of the accused, his answer recorded under section 116 (if any), the recognisances of bail (if any) and any documents and things which have been put in evidence, shall be transmitted in proper time to the Supreme Court; and an authenticated copy of the depositions, documentary exhibits and statement and answer aforesaid shall be transmitted to the Attorney-General. 137. 124. (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. If any person acting under a warrant of arrest, or any constable having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of such place, shall on demand of the person so acting or such constable, allow him free entry thereto and afford all reasonable facilities for a search therein. 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 Gazette. B. had the been sent by the said J. S. to S. P. for the said cloth, and that he, the said A. 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. 117. 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. 67. The conditions hereinbefore referred to are the following, a. the deposition must be the deposition of a witness whose attendance at the trial is stated to be unnecessary in accordance with the provisions of section 127, or of a witness who cannot be found, or whose attendance cannot be procured without an amount of delay, expense or inconvenience which in the circumstances of the case, the court considers unreasonable, or who is proved at the trial by the oath of a credible witness to be dead or insane, or so ill as not to be able to travel, or to be kept out of the way by means of the procurement. 108. (6) Where it is necessary to refer to any document or instrument in an information or indictment, it shall be lawful to describe it by the any name or designation By which it is usually known, or by the purport thereof, without setting out any copy thereof. The Laws of Sierra Leone on the Sierra Leone Web The Local Courts (Amendment) Act, 1965 ASSENTED to in Her Majesty's name this 1st day of October, 1965. 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. Form, contents and duration of warrant. i. 0000005510 00000 n PRESERVATION OF TESTIMONY IN CERTAIN CASE. The formal legal system consists of the common law, statutes and the Constitution. (3)Where a thumbprint or a fingerprint is likely to become an exhibit in a criminal case any constable may take for comparison the thumbprints and fingerprints of any person who is reasonably suspected of having made that thumbprint or fingerprint. Whereas.(name of accused) of(address) has been committed for, trial by the..Court ofstands charged before the on a charge of. 189. ii. 5. THE GLOBALIZATION OF WORLD POLITICS AN INTRODUCTION TO INTERNATIONAL RELATIONS. 158. 166. A. 11. 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. 36. (3) Where before a trial upon indictment or at any stage of such trial the Court is of opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, 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 an indictment, the Court may order a separate trial of any count or counts of such indictment. If the defendant does not attend upon the return, the court may forthwith issue a warrant and commit him to prison for such term as the court may then fix. 224. the offence of.and I consider it advisable to adjourn the examination into the said charge: Now these are to command you to receive the saidinto your custody and safely to keep him and, produce him before me at.at.m, or theday of, .19and hereafter from time to time as may be notified to you by. 200. 60. The Act was amended by the : The Sierra Leone Citizenship (Amendment) Act, 2006. 226. (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. The statement of the accused as herein/hereafter recorded was taken in my presence and hearing and contains accurately the whole statement made by him. The Sierra Leonean war had resulted in over 75,000 casualties, displaced 2.6 million people, was characterized by war crimes such as the use of child soldiers, mutilations, torture and systematic rape and largely destroyed existing infrastructures. 75. 2. 249. Certificate of death by Medical Officer. (7)The Court may dispense with sureties if, in its opinion, its so dispensing will not tend to defeat the ends of justice. B., on the..day of.atin Western Area of Sierra Leone, maliciously set fire. 122. Fines, detention in police station in lieu of imprisonment. 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. (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. I hereby declare myself surety/We hereby jointly and severally declare ourselves sureties for the above-, named..ofthat he will attend in the..Court, aton the .day ofnext to answer to the above-. D^[h58DG+p!e LSj[?e?g D3c}* P`m>Dl-=^4[#ZDQKV.==9,4`:E]nh8:?1)G3X$f1L'4'WVF t:#gi coR# 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. 3. 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. No. 155. 195. (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. Acting Clerk of the House of Representatives. 182. (5)A search warrant shall ordinarily be executed between the hours of five o'clock in the morning and ten o'clock at night, but the Judge, Magistrate or Justice of the Peace issuing the same may by an order endorsed thereon, give authority for its execution at any other time. Prisoner to be released on bail or acquitted and discharged if not tried within a certain time. (4)Any person who shall refuse to submit to the taking and recording of his photographs, measurements, thumbprints or fingerprints shall be taken before a Magistrate who, on being satisfied that such person has been prosecuted and charged before any court with an offence involving fraud, dishonesty or violence or is reasonably suspected of having made a thumbprint or fingerprint likely to become an exhibit in a criminal case, shall make such order as he thinks fit, authorising a constable to take the measurements, photographs, thumbprints and fingerprints of such person. The High Court of Sierra Leone is divided into the: General Civil Division; Criminal Division; Commercial and Admiralty Division; Family and Probate Division and Land and Property Division. 12. 4. Criminal sessions of the Supreme Court shall be held at such times as may be prescribed by or under Rules of Court, made by the Rules of Court Committee established under section 22 of the Courts Act. (6)The accused who is to be admitted to bail shall procure such surety or sureties as in the opinion of the Court will be sufficient to ensure his appearance as and when required, and shall with him or them enter into a recognisance accordingly. And the Court shall then hear the accused. 22 of 1961. We hereby jointly and severally declare ourselves sureties for the said (name of, accused) that he will attend the..Court on every day of the preliminary, investigation into the offence charged against him, and should the case be sent for trial by the Supreme Court, that he will be and appear before the said Court when called upon to answer the charge against him and will continue so to answer otherwise ordered by the said Court and in case of his making default herein I bind myself/we bind ourselves. 203. accused or the defendant, or shall be read or said to the accused or the defendant, shall be construed as a requirement that this things shall be done in the presence of the representative or reach or said to the representative. In 2007, Kanu was convicted of committing war crimes and crimes against humanity . Leone, and that they were then able to supply certain articles of jewelry to whomsoever would remit to them the sum of twenty leones. 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. Accused or defendant to be called upon to plead. No judgment shall be stayed or reversed on the ground of any objection, which if stated after the indictment was read to the prisoner, or during the progress of the trial, might have been amended by the Court, nor because of any informality in swearing the witnesses or any of them. (3)The statement shall not thereby become evidence of any facts alleged therein but the Judge and jury may take it into account in judging the credibility of the witness on his evidence as a whole and the prosecution and defence shall be entitled to refer to it in examining or cross-examining any witness and in addressing the Court. a.any person who in his presence commits a felony; b.any person whom he suspects of having committed a felony, if such felony had actually been committed and such private person has reasonable grounds to believe that the person arrested has committed that felony; c.any person offering to sell, pawn or deliver any property which such private person has reasonable grounds to believe to be stolen property; d.any person about to commit an act which would manifestly endanger another person's life; e. any person detaining or suspected of detaining any other person with the intent to kidnap or unlawfully remove him from Sierra Leone. 103. a.presumed or actual partiality or prejudice in the juror as standing in the relation of husband, master or servant, landlord or tenant to the person accused or to the person supposed to have been injured or affected by the act complained of, or to the person on whose complaint the prosecution was instituted; being in the employment of either of such person; being plaintiff or defendant against either of such persons; in any civil suit, or having complained against or having been accused by either of such persons in any criminal prosecution, or entertaining prejudiced views on the case to be tried; b.some personal cause as infancy, old age, deafness, blindness, infirmity or ill-health; c.that the juror has been convicted of perjury or other offence, disqualifying him from acting as a juror; d. that the juror does not understand the English language, but this shall not be a ground of disqualification, if the juror understands the usual language of the place where trial is held, unless the Court shall think fit so to order. 230. (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. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. (2) (a) Proceedings before a Magistrate previous to the committal of an offender for trial or to the determination of the Magistrate that the offender is to be put on trial, shall not be deemed proceedings for the trial of the offence committed by such offender for the purposes of the said consent and certificate under this section. 19.. To all to whom these presents shall come: I,..Governor-General of Sierra Leone send greeting. in Province from S. p. five yards of cloth by falsely pretending that he, the said A. Procedure with regard to warrants to be enforced outside jurisdiction. (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. (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. The managers and cashiers of any Banks but so that not more than four persons from any one branch of each bank shall be so exempted; xv. M 4/T. AND whereas the said..when so called upon did refuse to Enter into such recognisance: Now these are to command you to receive into your custody the said..and safely to deep him until after the. The African Elephant Conservation Act Central Africa has been a major focus of technical and financial support through AfECF. 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. Whenever there shall be a deficiency, or when the number of trials before the Court renders the attendance of jurors for the whole of any session oppressive, it shall be lawful for the Court to issue fresh precepts, if necessary, and, subject to all rights of challenge, to put upon the jury as common or special jurors so many men of the bystanders as shall be sufficient to make up to full number thereof, and it shall not be an objection to any such bystander that his name is not upon any jurors' list. (when it consists of several acts done in different Districts. DATED this..day of. In default of the recovery of the fine by such distress and sale, the person fined may be imprisoned for a period not exceeding two weeks. "The jurors who are to try you are now about to be sworn; if you object to any of them, you must do so as they come to the book to be sworn, and before they are sworn, and you shall be heard". 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sierra leone court act, 1965 pdf