(2) If it is made to appear to any Court, by information on oath, that any person bound by recognizance is about to go out of Sierra Leone, the Court may cause him to be arrested and may commit him to prison until the trial, unless the Court shall see fit to admit him to bail upon further recognizance. When a warrant of arrest is executed outside the local limits of the jurisdiction of the Court issuing the warrant, the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Court within whose jurisdiction the arrest was made, be taken before such last-mentioned Court which shall deal with him in the same way as if brought before it under section 37. 45. Its value as a juridical weapon has been recently demonstrated by the historic achievement of the West African State of Sierra Leone in the prosecution and conviction by the United. No person shall be exempted from serving as a common juror by reason of being marked as a special juror. 137. E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. where the deposition is that of a witness whose attendance at the trial is stated to be unnecessary as aforesaid, that the witness has been duly notified that he is required to attend the trial. 104. Procedure for offences. 151. 86. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Whenever the jury is discharged, the accused person shall be detained in custody or released on bail, as the case may be, and shall be tried by another jury. 101. 134. Subsection (1) of section 13 of the principal Act is hereby amended as follows, a)by the insertion immediately before the word "cases" in line one of paragraph (aa) of the proviso thereto of the words "subject to the provisions of paragraph (a)"; and, b)by the substitution for the words "fifty pounds" in line three of paragraph (c) of the words "two hundred leones"; and. I plead guilty to the above written charge. (1) At any time before, or during the course of the trial, the police may, at the request of the accused, deliver to him a copy of a statement taken by them from any person who is either listed in the depositions or in any summary of evidence referred to in section 188 or is actually called as a witness. (3)In any case where two or more accused are jointly tried and some accused are defended by counsel and others are not, the Court shall for the purposes of procedure deem all the accused to be defended by counsel. 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. 118. 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. The Act was amended by the : The Sierra Leone Citizenship (Amendment) Act, 2006. 6. b.the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; c.the Court before which the person arrested it to attend; and. (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. 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. 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. 158. 124. It also refers to any security which the court may demand such as cash or a bond required by the court for . 22 of 1961. 36. Divided into 7 parts. 87. (2)When the true name and place of resident have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a court if so required. 35. CXXXVIII, No. (2) Nothing in this section shall in any way effect or derogate from any other powers conferred on constables by this or any other Act. In the.Court at.. To.(the person charged with the levy). 210. 35. (2) Notwithstanding anything contained in section 143, in any case where a person is charged at any sessions of the Supreme Court with a criminal offence not punishable by death the Attorney-General, if he is of the opinion that the general interest of justice would be served thereby, may make an application to the Court for an order, which shall be made as of course, that any such person or persons shall be tried by such Court with the aid of assessors, or by a Judge alone, instead of by a Judge and jury. WHEREAS.(name of prison) a prisoner now in your custody is required to appear before me to. 247. Where defendant pleads guilty in writing. A warrant shall not be issued in the first instance, unless the Information is in writing and on the oath of the person laying the same or of some witness in that behalf: Provided that a Justice of the Peace may issue a warrant upon an unsworn information if there is no Judge or Magistrate available within the area of jurisdiction of the Magistrate's Court having jurisdiction in the area and the person applying for the warrant makes a statutory declaration that to the best of his knowledge and belief no Judge or Magistrate is available within that area. During remand the Court may, nevertheless, order the accused to be brought before it. 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. This form must be used when as offence with which the defendant is charged is punished only by a fine. The Native Administrative court, also known as local court of Sierra Leone, derives its authority from the Local Courts Act, 1963; the Courts Act, 1965 and Section 170 of the 1991 Constitution of Sierra Leone which deals with the laws of Sierra Leone. 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. the Third Schedule to this Act, to which Sierra Leone is a party, and any . I,(Sheriff or Deputy Sheriff) hereby certify that have/caused to, be served upon.(name of accused) a copy of the indictment in the matter of the charge, against him with the notice of trial, and that the nature and exigency thereof was explained to him, byand that this service was effected..(personally or in what, manner accomplished) at.(time) on..the..day. Upon taking these steps the Court shall proceed to hear and finally determine the matter in accordance with the provisions of Part II relating to summary trials. Every indictment, when signed, shall be filed in the Supreme Court. Interpretation 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. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. 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. 248. 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. COURT OF APPEAL RULES 5 Rel. The rules contained in the First Schedule with respect to informations and indictments shall have effect as if enacted in this Act, but those rules may be added to, varied, revoked, or replaced by further rules made by the Chief Justice with the approval of the House of Representatives, and the Chief Justice is hereby empowered to make such further rules. (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. Whenever, in the exercise of any of the duties here inbefore imposed upon the Magistrate, he may consider it expedient so to do, he may call to his aid any Justice or Justices of the Peace having jurisdiction within his district, and such Justice shall thereupon, unless they are prevented from attending by good and sufficient reasons, attend at the time and place named by such Magistrate, and aid and assist him in his duties as aforesaid. 75. 101. 53. DATED this..day of . 5. Local Courts (Amendment) Act, 1965 (No. When a warrant is directed to more officers or persons than one it may be executed by all or by any one or more of them. Share on Twitter. 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---. 45. 2. 85. 5. Defence of lunacy at preliminary investigation. 144. concerning E. F. in the form of a letter, book, pamphlet picture, or as the case may be. (a) The wife or husband of a person charged with an offence under sections 48 to 55 of the Offences against the Person Act, 1861, may be called as a witness either for the prosecution or defence and without the consent of the person charged. 204. A person to be tried on any indictment shall be placed at the bar unfettered, unless the Court shall see cause otherwise to order, and the indictment or charge shall be read over to him by the Registrar or other officer of the Court, and explained if need be by the officer or the interpreter of the Court, and such person shall be required forthwith to plead thereto, unless where the person is entitled to service of a copy of the indictment, he shall object to the want of such service, and the Court shall find that he has not been duly served therewith. your appearance accordingly that sum will be forfeit and levied on your goods and chattels, or your body taken in execution. DATED this.day of. (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. 117. 10. c.to discontinue at any stage before judgment is delivered any such criminal proceedings. 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. E. M., on the..day of.At.in the Western Area of Sierra Leone, sold, uttered, and. 148. the clerk of the Court shall as soon as may be thereafter deliver to that person, or send by post addressed to him at his last or usual place of residence, a notice in writing stating the amount of the penalty, the date on or before which payment thereof is required, and the place or places and times at which payment may be made, and if payment by instalments is directed, particulars of the instalments. 44. (1) If a person committed for trial in the Supreme Court other than on a charge of treason or murder shall not have been tried by the end of the next criminal sessions after the sessions to which he was originally committed he shall, if in prison, on his application made in the last day of such first mentioned sessions be admitted to bail unless it be made to appear to the Court on oath that the prosecution witnesses or any of Them could not have been brought before the Court before the end of that sessions. Court may direct security to be taken. Persons charged with burglary, etc., may be convicted of kindred offence. 224. The Court upon committing an accused person for trial may bind by recognizance, with or without a surety or sureties, as it may deem requisite, the prosecutor and every witness to appear at the trial to prosecute and give evidence or to give evidence (as the case may be). (1) When the verdict of the jury is unanimous the Judge shall give judgment in accordance with that verdict. and obscene libel the particulars of which ate deposited with this indictment. 0000001151 00000 n Laws of Sierra Leone, 1960, Government Printer, Freetown, Sierra Leone, Vol. 55. Available Online Formats Add to Basket Items Details DATED thisday of.19.. *If the accused states that he does not wish his witnesses examined by the Magistrate but desires them to be bound over to appear before the Supreme Court, this must be stated, but on no account should a Magistrate suggest or encourage this, but should record the evidence unless the accused does not wish it. (3) Where two or more persons are charged jointly if they do not all duly elect to be tried by the Court with the aid of assessors or by a Judge alone, they shall be tried by the Court with a jury. (3)Any document purporting to be an original report under the hand of a person gazetted as an examining officer. Treason and other related offences under the Treason and State Offences Act 1963 3. [23rd March, 2006] Enacted by the President and Members of Parliament in this present Parliament assembled. 23 OF 1ST MAY, 2014. (3)The provisions of this section shall be in addition to and not in derogation of any other provisions of this Act. 69. Number of Act: 31. The Globalization of World Politics. (1) Notwithstanding anything contained in section 79 any constable in charge of a police station may take bail by recognisance conditioned for the appearance of an accused person before the Magistrate's Court, on a day and at a place to be mentioned in such recognisance, there and then to be dealt with according to law, in the following cases, a. (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. (2) Upon the accused being so informed the Judge shall record the fact and shall then observe the appropriate procedure set out in section 193. Note: Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. 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. 76. 72. Competency of person charged and husband or wife of person charged to give evidence. You are hereby commanded to arrest the said..and to produce him before me. 11 of 2006. the formal part) of the information or indictment and conviction or acquittal for such offence, purporting to be signed by the officer having the custody of the records of the Court where the offender was convicted or acquitted, or by his deputy, shall, upon proof of the identity of the person convicted or acquitted be sufficient evidence of the said conviction or acquittal without proof of the signature or official character of the person appearing to have signed the same. the(describe prison or place) in our presence. ARREST GENERALLY 4. (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a, person comes into question, the declaration of the, 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. h.Nothing in this Act shall effect the provisions of section 18 of the Indictable offences Act, 1848, or other right of the person charged to make a statement without being sworn. Search warrants may be executed outside jurisdiction of Court issuing them in certain cases. Sierra Leone provides an interesting case study on the assessment of crime1 and the criminal justice system. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such constable or other person may use sufficient force to effect the arrest but no more. 175. 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. If the accused or defendant admits the truth of the charge the Court may convict him thereof, or refuse to accept a plea of in guilty, as it thinks fit. (5)A Judge may, if he thinks fit, admit any person to bail although the Court before whom the charge is pending has not thought fit to do so. Justice of the Peace to assist Magistrate. Arrest, etc., of Member of Parliament or public officer to be reported. 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# In the..Court at. To.(name and designation of person or persons who is or are to execute the warrant). A statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of his employer, shall be prima facie evidence of the facts therein stated in any proceedings taken before the Court for the enforcement of the payment by the person, to whom the wages are stated to have been paid, of a fine or penalty upon summary conviction. ,)n6ooYYWvH/`dUO._l^.}Yu . of.days, and for so doing this shall be sufficient warrant and authority to all concerned. or so much thereof as shall be sufficient to satisfy the said fine/sum/penalty returning this warrant with an endorsement certifying what you have done under it, immediately upon its execution. 32. (4)) After the statement of the offence particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary. Medical practitioners and dental surgeons in actual practice and their dispensers and assistants; v.Registered druggists and nurses in actual practice; vi. If any person stands mute or refuses, or by reason of infirmity is unable to answer directly to the indictment the Court shall, unless it has reason to believe that such person is of unsound mind and consequently incapable of making his defence, order the Registrar to enter a plea of not guilty on behalf of such person, and the plea so entered shall have the same force and effect as if such person had actually pleaded the same; but if the Court has reason to believe as aforesaid, it shall proceed in the manner prescribed in section 71. 159. 53. Part A (Title I) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every . (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. Conditions precedent to trial of foreigners for offences committed in territorial sea. In the event of the accused giving his consent to the case being dealt with summarily, the Court shall call upon him to plead to the information, and forthwith inform him of his right to recall all or any of the witnesses for the prosecution, who shall have been heard, and to subject them to any further cross-examination. 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. (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. 50. (Particulars to specify pages and lines complained of where necessary as in book). . (2)The Judge may act on the application of any party interested after due notice to all other interested parties. 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. 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. (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. 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. 50. It turns out that an overwhelming majority of Sierra Leoneans oppose higher taxes, even though it is widely agreed that public service provision is very poor in the country. Name and designation of person charged to give evidence notice to all concerned Leone sold. Have no effect on the application of any other provisions of this section be... 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