(1) The Attorney-General may order in writing that the power expressly vested in him by section 44 be vested for the time being any other Law Officer and the exercise of these powers by such other Law Officer shall then operate as if they had been exercised by the Attorney- General, so however that the power to enter a. in any proceedings preliminary to the committal of the accused for trial on indictment shall not be vested in any person other than the Attorney-General. 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. property taken care of and prevented from doing injury to himself or any other person or property, and for his appearance when required before the Court or before such officer as the Court may appoint in that behalf. him at liberty returning this warrant with an endorsement certifying the manner of its execution. 147. Exhibition of certificate and declaration at entrance of prison. 236. 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. 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. 51. 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 45. Form, contents and duration of warrant. 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. Additional witnesses for the defence. (4) If the case is one in which bail may not be taken, or if sufficient security is not given, the Court shall report to the Minister who may order the accused to be confined in a mental hospital, prison or other suitable place of safe custody, and the Court shall issue a warrant in accordance with such order. (3) If the case is one in which bail may not be taken, the Court shall release the accused or the defendant on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any person or property, and for his appearance before the Court or such officer as the court may appoint in that behalf. Subsection (4) of section 42 of the principal Act is hereby repealed. CERTIFICATE UNDER SECTION && OF THE CRIMINAL PROCEDURE, I(name) of(address), the Medical Superintendent of the, Mental Hospital athereby certify that(name of. 96. 134. Be it enacted by the Queen's Most Excellent Majesty, by and with P.N. Issued under my hand and the Public Seal of Sierra Leone this. A.B., on the..day of..atin the Western Area of Sierra Leone, fraudulently, converted to his own use..Province or benefit certain property, that is to say, the sum of Le400 received by. The various classifications of these divisions indicate the types of cases that are heard in these courts. 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. The Magistrate in settling the lists shall mark off the names of such persons as he shall deem suitable to serve as special jurors in each district. CXXXVIII, No. Whenever it shall be necessary to form a panel of jurors to serve at any session, the Sheriff in conjunction with an officer nominated by the Judge, shall cause the names of the jurors in the list, resident at and near the district, to be written on separate cards or pieces of paper of equal size and placed in ballot boxes to be kept for that purpose, and shall draw from said boxes such number of names, as the Court may direct, of special jurors and common jurors to form a panel, and the cards or slips so drawn shall thereupon be locked up in separate boxes until the whole of the names of the jurors, except those who may have served at the last preceding session, shall be returned to the ballot boxes, and, when required the names shall be re-drawn in manner aforesaid. (5) The description or designation in an information or indictment of the accused or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him without necessarily stating his correct name, or his abode, style, degree or occupation, and if owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, shall be given as is reasonably practicable in the circumstances, or such person may be described as "a person unknown". vii. Any constable or other person authorised to make an arrest may break out of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. 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. 229. (5) When a person is charged with obtaining any chattel, money or valuable security by false pretences with intent to defraud and it is proved that he stole the property in question, he may be convicted of stealing it although he was not charged with that offense. 149. If too long for this space continue overleaf). 188. 212. No. A mere 10-15% of Sierra Leoneans think the government should tax more, while 47% or rural and 24% of urban people think it should tax less. Declaration of execution by Sheriff. (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. 11 of 2006. 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. 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. The sealing of any order, summons or warrant shall not be necessary in addition to the signature of the Judge or Magistrate or Justice of the Peace by whom the same shall be signed, except in cases where sealing is expressly directed by this or any other Act. IN THE SUPREME COURT OF SIERRA LEONE (ORIGINAL JURISDICTION) . 136. 7. SNi`U~? inat. Now these are to authorise you with such assistance as you may quire to search all persons found therein and it found to produce such..(animal, matter or thing) forthwith before this Court together with this warrant. (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. (2) Where property is retained in court pending an appeal on application by release of summons any Judge of the Court to which an appeal has been made or in which notice of leave to appeal has been entered, may if he considers that the property is not necessary for the determination of the questions raised in the appeal order the property or any part thereof to be returned to the person who appears to him to be entitled thereto. Rules as to informations and charges. ii. 87. 251. ), * Strike out when Magistrate or Justice of the Peace does not think fit so to authorise or direct, To(Registrar or Court Clerk) of the..Court at. Conditions precedent to trial of foreigners for offences committed in territorial sea. 0000010728 00000 n For the purposes of this subsection the expression "examining officer", "motor vehicle" and "trailer" shall have the meanings respectively assigned to them under the Road Traffic Act, 1964. (8) It shall not be necessary in stating any intent to defraud deceive or injure any particular person, where the enactment creating the offence does not make an intent defraud, deceive, or injure a particular person an essential ingredient of the offence. 2. Bail is the process by which a court releases a person pending appearance at a future court hearing. 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. 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. The Magistrate in charge of each Judicial District shall, between the 1st day of August and the 1st day of November in every year, make lists of the persons resident in each town or place within his district who are, in his opinion, qualified and fit to serve as jurors, setting out the name, occupation and place or resident, and the nature of the qualification of each person and shall, within ten days after the 30th day of November in each year cause true copies of such lists to be posted in some conspicuous place on his Court House, on the police stations and churches and chapels in his district, for the inspection of the public, where they shall be permitted to remain for a period of three weeks, to the end that any persons may apply to him by notice in writing, to have their names either added to or struck off such lists upon cause duly assigned in such notice. DATED this..day of. 79. 1. If prisoner refuses or is unable to plead, how dealt with. 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. PRESERVATION OF TESTIMONY IN CERTAIN CASE. 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. [ ] ENACTED by the President and Members of Parliament in this (Particulars to specify pages and lines complained of where necessary as in book). (6) Any power of the Court under this section shall be, in addition to and not in derogation of any other power of the Court for the same or similar purposes. [9[,I`xs Challenge to the array, Peremptory challenges. WHEREAS..of.has bound himself by recognisance to. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. Trial of children and young persons. Note: Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. Universal jurisdiction is one of international law's core concepts. (3)All criminal trials in which a plea has been taken at the commencement of this Act shall be inquired into and dealt with in accordance with the provisions of the Acts hereby repealed. 0000001488 00000 n (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. The omission to comply with any provision of this Part shall not make the execution of judgment of death illegal in any case where such execution would otherwise have been legal. 64 CITIZENSHIP LAW IN AFRICA to his child; and some of those countries that do not discriminate between At the conclusion of the evidence for the defence counsel for the accused may address the Court and counsel for the prosecution may reply. 90. prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of..against And whereas it has been made to appear to me be information upon oath that the said.. is about to go. Trial of children and young persons. SCOPE The death penalty can be imposed for the following civil and military crimes: Treason and related offences under the Treason and State Offences Act 1963; Murder under the English common law and section 121 of the CPA No 32 of 84, pp. Subsection (4) of section 42 of the principal Act is hereby repealed. 175. 48. 219. 5. 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. DATED this.day of.19.. "(I authorise the execution of this warrant at any time. (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. 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. (1) Nothing herein contained shall prevent the Court from exempting any person from serving as a juror at any session or any trial for reasonable cause, a certificate bearing the signature of a Medical Practitioner setting out that any person required to attend as a juror is unable from the state of his health to do so, may, on the court being satisfied of the signature to such certificate, be received as prima facie evidence of reasonable cause. 76. 244. (1) Qualifications of jurors. WHEREAS on theday of19 .(name of prisoner) was convicted before me of the offence. 110. 59. 29 The Local Courts (Amendment) Act, 1965 [1st October, 1965.] 160. Issue of search warrants and proceedings thereunder. 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. Having heard you statement read do you wish to explain or add to it? 174. Date of assent: 09 April 1976. 162. Submit. 227. SLE42113.E - Sierra Leone: Treatment of Revolutionary United Front (RUF) prisoners upon the signing of the Lome Accord and the subsequent ceasefire agreement; details of the amnesty granted to members of the RUF - Nov. 2003 (1) A description of the offence charged in an information or indictment or where more than one offence is so charged, of each offence so charged, shall be set out in the information or indictment in a separate paragraph called a count. 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. 10. No. The respondent claimed that the deceased had sold the land to him some time in . said accused is charged with..(set out charge as described summons). (Innuendo should be stated where necessary). (2) (2) After a plea of not guilty it shall not be open to an accused person except with the leave of the Court to object that he is not properly upon his trial by reason of some defect, omission or irregularity relating to the depositions or committal or any other matter arising out of the preliminary investigation. If he refuses, the Court shall add a note of his refusal and the statement may be used as if he had signed or attested it. (1) In any criminal case, and at any stage thereof before verdict or judgement, the Attorney-General may enter a nolle prosequi either by stating in Court or by informing the Court in writing that, the Crown intends that the proceedings shall not continue and thereupon the accused or the defendant as the case may be shall be at once discharged in respect of the charge for which the nolle prosequi 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. 70. Any person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter. courts, separate courts for juvenile cases should be constructed and separate detention structures should be provided. Robbery with aggravation - Criminal Procedure (Amendment) Act 1973. (2) The signature and attestation of the Judge or Magistrate by whom such statement was taken shall be sufficient prima facie 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. 221. b.by way of compensation or otherwise under sections 54 or 60. the Court may either order immediate payment, or allow time for payment, or direct payment to be made by instalments. (2)Except where express provision is made to the contrary, every sentence shall be deemed to commence from, and to include the whole of the day of the date on which it was pronounced. c.When an act is an offence by reason of its relation to another act which is also an offence, or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offense may be enquired into or tried in the District in which either act was done. 115. THE MAGISTRATES' COURTS ACT An Act to provide for the jurisdiction, powers and functions of magistrates' courts and for other related matters. 23 dated 1st May, 2014 PRINTED AND PUBLISHED BY THE GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE. 178. (2)Where a criminal lunatic is conditionally discharged in pursuance of this Act, a report of his condition shall be made to the Minister by such person, at such times and containing such particulars as may be required by the order of discharge. the 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. 227. 26. If a woman convicted of an offence punishable with death be alleged to be pregnant, the Court shall enquire into the fact; and if there be reasonable cause for believing it, the sentence to be passed on her shall be a sentence of imprisonment for life instead of sentence of death. 36. 64. Where the defendant does not appear personally and pleads guilty in writing under section 21, the Court may proceed to conviction notwithstanding the absence of the prosecutor. 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