132. 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. THE COMPANIES ACT, 2009 (ACT NO. PART IV - INDICTMENT AND TRIAL IN THE SUPREME COURT. (3) Disqualification of jurors. Conviction of assault with intent to rob on charge of robbery. (1) Any Judge, Magistrate or Justice of the Peace who is satisfied by information on oath that there is reasonable ground for believing that there is in any building, vessel, vehicle, receptacle or place -. 74. 188. 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. C.D., with intent to defraud, omitted or concurred in omitted from or from or in cash book belonging to the said C.D., his employer, a material particular that is to say, the receipt on the day of Le100 from H.S. 35. 224. 117. (2) It shall not be necessary, in any count charging an offence constituted by an enactment, to negative any exception. 107. Paragraph (xii) of section 78 of the Prisons Act, 1961, is hereby amended. 124. 206. 185. the offence may enquired into and tried in any one of such Districts. H.J.L. 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. 120. Conviction of manslaughter on charge of murder. Return of property found on person arrested, and release of property returned in Courts. (2) Notwithstanding any rule of law or practice, an information or indictment shall, subject to the provisions of this Act, not be open to objection in respect of its form or contents if it is framed in accordance with the rules under this Act. (4) Where, before trial upon indictment or at any stage of such trial, the Court is of opinion that the postponement of the trial of the accused is expedient as a consequence of the exercise of any power of the Court under this Act, the Court shall make such order as to the postponement of the trials as appears necessary. 249. njala university, school of social sciences Skip to document Ask an Expert Sign inRegister Sign inRegister Home The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. No person shall be exempted from serving as a common juror by reason of being marked as a special juror. Sealing orders, warrants, etc., not generally necessary. 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. 44. 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. Abstract/Citation: Comprehensive legislation on criminal procedure. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry . 0000014786 00000 n (6) When two or more persons are charged with jointly receiving any property, and it is proved that one or more of such persons separately received any part of such property, such of the said persons as are proved to have received any part of such property may be convicted upon such 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. (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a deceased person comes into question, the declaration of the deceased whether it be made in the presence of the accused or not, may, at the discretion of the Court be given in evidence if the deceased 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. (6)where an information or indictment contains more than one count, the counts shall be numbered consecutively. 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. 69. of.and was sentenced to Now these are to command you to receive the saidinto your. is entered, and if he has been committed to prison shall be released or if on bail his recognisances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. The Magistrate shall have power and authority to summon persons to give on oath their full names, occupations, places of residence, and true answer relating to their qualifications as jurors when required for the purposes of this Act, and to commit to prison any person refusing to take an oath or affirmation, or to give evidence as aforesaid, and to order any persons to be taken into custody who shall willfully insult or interrupt the Magistrate, or otherwise misbehave and to commit every such offender to prison for a period not exceeding seven days. 40. 51. c.that such an order is otherwise expedient for the ends of Justice. 0000007825 00000 n 72. The Court shall inform every person condemned to death of the period within which, if he desires to appeal, his notice of appeal or of his application for leave to appeal must be given. 7. (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. (1) 4. 195. Legal practitioners in actual practice and all Court Officers; iv. (2)A licence may be in such form and may contain such conditions as the Governor-General may direct. means of an advertisement inserted by them, the said A. 139. (1) If any person committed to prison for non-payment has paid or shall pay any sum in part satisfaction of the sum adjudged to be paid, the period of his imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which such person is committed, as the sum so paid bears to the sum for which he is liable. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of the same, as follows: 1. the Attorney-General shall not make the person a prosecutor; "Registrar" means any person appointed to perform the duties of a Registrar in any Court; "young person" means a person who is fourteen years of age or upwards and under the age of seventeen years. (name) of(address). (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. Decision of Court and assessors to have same effects as finding of jury. 0000003117 00000 n proof of any statement, and that the same was taken in all respects according to law, and such attestation and signature shall be admitted without proof unless the Court shall see reason to doubt the genuineness thereof. (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. 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)If the defence does not employ counsel, the Court shall, at the close of the examination of each witness for the prosecution, ask the accused or the defendant whether he wishes to put any questions to that witness. the Third Schedule to this Act, to which Sierra Leone is a party, and any . 76. 92. Search of place entered by person sought to be arrested. 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# (2) Where property is vested in more than one person, and the owners of the property are referred to in an information or indictment, it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owing the property are a body of persons with a collective name, such as a joint-stock company or "Inhabitants," "Trustees," "Commissioners," or "Club" or other such name, it shall be sufficient to use the collective name without naming any the individual. (2) If the Court finds that the accused or the defendant is of unsound mind and consequently incapable of making his defence, it shall postpone further proceedings on the case. (1) The Court shall then in the presence of the accused take the statements on oath of the witnesses of the prosecution and put such statements into writing (hereinafter referred to as "depositions"). (1) If the jury are not unanimous, the Judge may require them to retire for further consideration. (statement of offence). B., on heday of..at.in the Western Area of Sierra Leone, being clerk or servant to. 237. A. 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. CXXXVIII, No. A person who has been committed for trial shall be entitled at any time before the trial to have a copy of the depositions on payment of a reasonable sum not exceeding four cents for every seventy-two words, or, if the Court thinks fit, without payment. (2) The Minister may order such person to be confined in a mental hospital, prison, or other suitable place of safe custody during pleasure. 0000006176 00000 n Mutiny under the Sierra Leone Military Forces Act 1961 4. 31. a.any person who commits any offence involving violence or dishonesty in his presence; b.any person whom any other person positively accuses of having committed any felony or any larceny, embezzlement, false pretences or receiving; c.any person whom any other person suspects of having committed any felony or any misdemeanour mentioned in paragraph (b), if the suspicion of such other person appears to the constable to be well founded and he shall declare his name and place of residence to the constable and accompany the latter to the nearest police station or lock up, if required to do so; d.any person whom he has reasonable cause to suspect of having committed or being about to commit any felony; e.any person whom he finds between the hours of six in the evening and six in the morning lying or loitering in any street, highway, yard, compound or other place, and not giving a satisfactory account of himself; f.any loose, idle or disorderly person whom he finds in any way disturbing the peace, whether in a public or private place, or causing annoyance to any person. 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'. (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. law of real and personal property. (1) Where any person, other than a person liable to be arrested without a warrant, who has been accused of committing an offence refuses on demand of a constable to give his name and place of residence, or gives a name or place of residence which the constable has reason to believe to be false, he may be arrested by the constable in order that his name and place of residence may be ascertained. (Innuendo should be stated where necessary). General authority of Courts to bring accused persons before them. Accused to be informed of complaint. (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. Payment out of small intestate estates 12. Section 4 of the Local Courts Act is hereby amended as follows. WHEREAS.ofhas bound himself by recognisance. 0000002339 00000 n A warrant may be executed by the arrest of the accused at any place in Sierra Leone. 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. Table 1. 3. 123. 164. (5)The forms set out in the Appendix to these rules, or forms conforming thereto as nearly as may be, shall be used in cases to which they are applicable; and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. Sets forth provisions relating to the formation and . Expenses of commitment .. 29. Provision for continuance of criminal trial where a juror dies or becomes incapable. 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 . But that whatever you shall now say may be given in evidence notwithstanding such promise or threat. The Special Court shall, except as provided in subparagraph (2), have the power to prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996, including those leaders who, in committing such crimes, have . 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 The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient prima facie proof of any deposition or statement and that the same was taken in all respects according to law, and such attestation and signature shall be admitted without proof, unless the court shall see reason to doubt the genuineness thereof. (4)For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved, for the purposes of any such proceedings, to any other court shall be deemed part of those proceedings. 66. f 1965. 58. (1) Any document purporting to be an original report under the hand of any public officer who is a medical practitioner, dental surgeon, analyst, chemical examiner or geologist, or of any assayer or mineralogist recognized by the Minister of Mines for the purposes of this section by notification published in the Gazette, upon any substance or thing submitted to him for examination or analysis and report, may, if it is directed to the court or is produced by any constable to whom it is directed or someone acting on his behalf, be used as evidence of the facts therein stated in any enquiry, trial or other proceeding under this Act. Procedure to be followed where accused is undefended. 247. A. 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. Sierra Leone, enacting jurisdiction. There shall be no challenge to the array, and no accused person shall be admitted to any peremptory challenge above the number of three. (1) The description of property in a count in an information or indictment shall be in ordinary language, and such as to indicate with reasonable clearness the property referred to and if the property is so described it shall not be necessary, except when required for the purpose of describing an offence depending on any special ownership of property or special value of property, to name he person to whom the property belongs or the value of the property. DATED this.day of.19. (3)If the accused person is found guilty, the Judge shall pass sentence on him accordance to law. In force: Yes. 191. The Local Courts (Amendment) Act, 1965 Date of commencement. 0000073714 00000 n (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. Being marked as a special juror ) of section 78 of the Prisons,... May enquired into and tried in any one of such Districts Court and assessors to have same as. Marked as a special juror in such form and may contain such conditions the. By the arrest of the accused person is found guilty, the said a the ends of.! Of Courts to bring accused persons before them the Local Courts Act is amended... Contains more than one count, the said a warrants, etc., generally..., being clerk or servant to artculo atiende a un anlisis de intervencin. 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