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. BOSTON, Governor-General. It shall not be necessary in any case to keep the jury together during any adjournment previous to the close of the Judge's summing up, but it shall be lawful for the Court, if it should appear to it to be advisable in the interest of justice on any trial to require the jury to be kept together during any adjournment. (2) In every such case any sum of money due may be levied on the goods and chattels of the person ordered to pay the same by distress and sale under warrant; and in all cases in which a warrant of distress is issued by the Court under this section the Court may either suffer such person, to go at large or verbally, or by warrant in that behalf, order him to be kept in custody until return shall be made to the warrant of distress. 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. 168. 226. 210. (2) The Remitting Court shall send to the Court to which the person charged is remitted for trial an authenticated copy of the information, summons, warrant and all other process or documents in its possession relative to such person. 34. 173. 246. 1. ii. (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. Act regulates relations between employers and employed, and safeguards heath of the employed. 172. Courts Act,1965. In the Court at. To..(person or persons who is or are to execute the warrant). 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. 67. If, after receipt of the authenticated copy of the depositions and statement provided for by section 124 and before the trial before the Supreme Court, the Attorney- General or the Solicitor-General authorised in writing by the Attorney-General for the purposes of this section, is of the opinion that further investigation is required before such trial, it shall be lawful for the Attorney-General or Solicitor-General to direct that the original depositions be remitted to the Court which committed the accused person for trial, and that further evidence be taken generally or in respect of any particular matter, and in respect of such original depositions such Court shall re-open the case and after taking such further evidence shall deal with the case in accordance with the provisions of sections 115 to 128. 48. 130. In the.Court at. Sierra Leone is a Sovereign Republic, the boundaries of which are delimited in the First Schedule hereto. Search without a warrant in cases where articles are being conveyed, etc. Procedure in preliminary investigation. (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 -. 0000035136 00000 n The Mayor of Freetown, Paramount Chiefs and Chairman of Town Councils and of other local authorities; viii. 129. (1) When in the course of a trial of preliminary investigation (but not an inquest) the Court has reason to believe that the accused or the defendant is of unsound mind and consequently unable to make his defence, it shall order the accused to be confined in a mental hospital for a period of thirty days for observation. *A.(if names are given record them). (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. 68. 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. Retrial of accused after discharge of jury. 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. (ii) such person shall have elected or shall have been ordered to be tried by a Judge alone in accordance with the provisions of sections 145 and 144 respectively. 159. 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. (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. 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. 42. 241. Sets forth provisions relating to the formation and . 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. 6 of the Convention 0000003948 00000 n (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. a.order that the property or part thereof be restored to the person who appears to it to be the owner thereof, either on payment or without payment by the owner to the person in whose possession such property or a part thereof then is, of any sum named in such order; b.make an assessment as to the value of such property at the time it was so stolen or otherwise obtained as aforesaid and order that the sum so assessed be paid by the person convicted to the person who appears to it to be the owner of the property. B., on theday of.19at Freetown in the Western Area of Sierra, Leone, being a witness upon the trial of an action in the Supreme Court of Sierra Leone in which one.was, plaintiff, and one..was defendant, knowingly falsely swore that he was one M. N. in the street called. (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. 195. Being An Act to Consolidate and Amend the Law Relating to Criminal Procedure. (2) The Supreme Court has in addition authority to cause to be brought before it any person who is within Sierra Leone if he is charged with an offence over which the Supreme Court has jurisdiction. WHEREAS(name) is now lying ill/hurt at(address) and is not expected to recover: And whereas it is expedient that(name), a prisoner now in your custody, should be present. 8e Negocios. A. Be it enacted by the Queen's Most Excellent Majesty, by and with P.N. Suspension of execution of death sentence pending appeals. Transfer and discharge of criminal lunatics. As a country in transition from one-party authori- 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. 5 OF 2009) THE COMPANIES REGULATIONS, 2015 In exercise of the powers conferred upon the Commission by sections 494 and 530 of the Companies Act, 2009 the Commission hereby makes the following Regulations - PART I-PRELIMINARY 1. Whenever any preliminary investigation or trial is postponed under sections 71 or 134, the Court may at any time resume the preliminary investigation or trial and require the accused to appear or be brought before such court, when, if the court considers him capable of making his defence, the preliminary investigation or trial shall proceed, but if the Court considers the accused to be still incapable of making his defence, the accused shall be dealt with as though the preliminary investigation or trial had not been resumed. 244. The Constitution of Sierra Leone (Amendment) Act, 1981 : being an act to amend the constitution of Sierra Leone, so as to harmonize it with the constitution of the All People's Congress, and for connected purposes : [19th November, 1981]. command the said A. In the..Court at. To..(keeper of Prison or constable). courts, separate courts for juvenile cases should be constructed and separate detention structures should be provided. Offences by public officers abroad and offences on aircraft. The lease in s question was made in May 1962. When exercising the powers conferred upon it by section 55 or 56, the Court may order that the whole, or such portions as the Court thinks fit, of the expenses so paid be paid over to the prosecutor or to the accused or defendant, as the case may be. 224. (2) The keeper of a prison in which a person is confined who is desirous of taking advantage of the provisions of subsection (1) shall, on application being made to him by such prisoner, at once take him before a Court, and such Court shall certify the amount by which the period of imprisonment originally awarded is reduced by such payment in part in satisfaction, and shall make such order as is required in the circumstances. The various classifications of these divisions indicate the types of cases that are heard in these courts. A person who has been tried by a national court for the acts referred to in articles 2 to 4 of the . 149. Similar Judgments. This Act shall come into operation on such date as the Commencement Prime Minister may by Order appoint: Provided that the Prime Minister may if he deems it expedient either By one Order or by different Orders appoint different dates for the coming into operation of different provisions hereof. 140. 126. 194. CERTIFICATE UNDER SECTION && OF THE CRIMINAL PROCEDURE, I(name) of(address), the Medical Superintendent of the, Mental Hospital athereby certify that(name of. (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. he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establishing his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to invite imputations on the character of the prosecutor or the witnesses for the prosecution; or. Power to search for strangers in Diamond Protection Areas. The Sheriff and the Keeper of the Prison, the Medical Officer in charge of the Prison, the Chaplain of the Prison or other minister of religion, and such other officers of the prison as the Sheriff requires shall be present at the. (2)If the remand is for not more than three clear days, the Court may by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue to keep the accused in his custody, and to bring him up at the time appointed for the commencement or continuance of the said investigation. (7) Subject to any other provisions of these rules, it shall be sufficient describe any place, thing, matter, act or omission whatsoever to which it is necessary to refer in any information or indictment on ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act omission referred to. Date of commencement: 09 April 1976. 59. DATED this.day of. Authority for carrying out sentences not capital. Challenge to the array, Peremptory challenges. 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; Assented to in Her Majesty's name this 1st day of October, 1965. Now these are to command you to receive the saidinto your custody together with this warrant, and him safely to keep in the said prison for the period ofunless the sum of, ..(as set out at the foot hereof) be sooner paid, and on the receipt thereof forthwith to set. Provision for continuance of criminal trial where a juror dies or becomes incapable. 179. 125. (4) Coin and bank note may be described as money, and any averment as to money, so far as regards the description of property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed or the particular nature of the bank note shall not be proved; and in cases of embezzlement and obtaining money or bank notes by false pretences, by proof that the accused embezzled or obtained any coin or any bank note, or any portion of the value thereof, although such coin or bank note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to any other person, and such part shall have been returned accordingly. 211. 148. 201. [1st October, 1965.] Falsification of accounts, contrary to section 1 of the Falsification of Accounts Act, 1875. death was this day executed in the said prison (or as the case may be), and that on such examination I found that the said.was dead. All person qualified as jurors under this Act shall be liable to serve as such, not only at any session of the Supreme Court within the district for which they shall have been appointed, but also upon any Coroner's jury, when summoned to attend thereon. SierraLII publishes the law of Sierra Leone for free online access. Bail is the process by which a court releases a person pending appearance at a future court hearing. [1st July, 1984] [G.N. (1) The Criminal Procedure Act, the Jurors and Assessors Act, subsection (3) of section 3 of the Treason and State Offences Act, 1963, section 27 of the Police Act, 1964 and section 23 of the House of Representatives Powers and Privileges Act are hereby repealed. 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 . 251. 79. 237. 150. 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. 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. All such amendments shall be made in such terms as shall seem to the Court to be just. (1) Where upon the arrest of a person charged with an offence any property is taken from him, the Court before which he is charged may order that the property or a part thereof be restored to the person who appears to the Court to be entitled thereto. At the conclusion of the evidence for the defence counsel for the accused may address the Court and counsel for the prosecution may reply. 213. (1) Where in the course of a criminal trial any member of the jury dies or is discharged by the Court as being through illness incapable of continuing to act or for any other reason, the jury shall nevertheless, subject to assent being given in writing by or on behalf of both the prosecutor and the accused and so long as the number of its members is not reduced below ten, be considered as remaining for all the purposes of that trial properly constituted and the trial shall proceed and a verdict may be given accordingly. Whereas.(name of accused) of(address) has been committed for, trial by the..Court ofstands charged before the on a charge of. the offence may enquired into and tried in any one of such Districts. In the..Court at. To..(name) of(address), WHEREAS on the..day of19., you as principal party/surety entered, into a recognisance conditioned as follows---. (4)If, in any criminal cause, before any evidence is taken a Law Officer, the accused, or any person having the conduct of the prosecution or the defence, notifies to the Court before which the cause is pending his intention to make an application under this section in respect of the cause, the Court shall adjourn the cause to such a date as will afford a reasonable time for the application being made, and an order being obtained thereon before the accused is called on for his defence. 14. If any person knowingly and wilfully signs any false certificate or declaration required by sections 224 and 225 he shall be guilty of a misdemeanour and on conviction hereof shall be liable to imprisonment for any period not exceeding two years. Return of property found on person arrested, and release of property returned in Courts. (1) In every case the Court may proceed either by way of Summons to the accused or the defendant or by way of warrant for the arrest of the accused in the first instance, according to the nature and circumstances of the case. 70. (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. Where a sentence or conviction does not order the payment of money, but orders that the offender be imprisoned, the Court shall issue a warrant of commitment accordingly. 231. (1) Subject to the exemptions in subsection (2) every male person between the ages of thirty and sixty years who is resident in Sierra Leone and is literate in English shall be liable to serve. (b) It shall not be necessary to aver in any information or indictment that the certificate of the Attorney-General required by this section has been given; and the fact of the same having been given shall be presumed unless disputed by the defendant at the trial; and the production of a document purporting to be signed by the Attorney-General and containing such consent and certificate shall be sufficient evidence of the consent and certificate required by this. (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. National Land Commission Act, 2022 (Act 19 of 2022) Arbitration Act, 2022 (Act 18 of 2022) . 53. Passed in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. 72. B., on the..day of.at.in the Western Area of Sierra Leone, uttered a certain forged will. (1) Order for payment of money. 12, pp. (3) Property belonging to or provided for the use of any Government Establishment, service, or department, may be laid as the property of Her Majesty the Queen. 4. 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. accused " means a person charged with a crime but does not include a defendant; " child " means a person under the age of fourteen years; " committed for trial " used in relation to any person, means committed to prison with a. view to his being tried before the Supreme Court and includes a person who is admitted to bail upon a recognisance to appear and take his trial before the said Court; " corporation " includes a statutory corporation as defined in subsection (9) of section 32 of the Constitution, a company formed and registered under the Companies Act or the Companies Act, 1924, and any Company to which Part IX of the Companies Act applies; " Court " means any Court of criminal jurisdiction established by law in Sierra Leone other than a Local Court in the Provinces administered under the Local Courts Act; " defendant " means a person charged with a summary offence and appearing before a Magistrate in answer to a summons; "indictment " means a document containing the charge against the accused signed by a Law Officer and every indictment purporting to have been signed as aforesaid shall be Presumed to be so signed until the contrary is shown; " information " means a document containing the charge or charges against the accused or the defendant and signed by the prosecutor and includes an indictment; " inquiry" includes preliminary investigation; " Judge " means a judge of the Supreme Court; " Law Officer " means the Attorney-General, the Solicitor-General, the First Parliamentary Counsel and every other Crown Counsel or Parliamentary Counsel; "Minister" means the Minister charged, for the time being with responsibility for matters relating to Social Welfare; "prosecutor" includes complaint and means a person who gives information or causes information to be given on his behalf against the accused or the defendant and who intentionally associates himself with the prosecution of however, that the mere signing of an indictment orsheet by a law officer or other person authorised that behalf by. 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