115. 0000013445 00000 n Subsection (4) of section 42 of the principal Act is hereby repealed. One project developed and implemented in cooperation with the World Wildlife Fund and the government of the Central African Republic emphasizes conservation of elephants and their habitats in protected areas such as the . 216. 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. (2) The signature and attestation of the Judge or Magistrate by whom such statement was taken shall be sufficient. WHEREAS.ofhas bound himself by recognisance. Proof of Statement of accused in lower court. 21. 0000012053 00000 n 2. trailer << /Size 388 /Info 345 0 R /Root 349 0 R /Prev 130970 /ID[<22dfe472882fbcd37cbdbd751884013e>] >> startxref 0 %%EOF 349 0 obj << /Type /Catalog /Pages 347 0 R /Metadata 346 0 R /OpenAction [ 351 0 R /XYZ null null null ] /PageMode /UseNone /PageLabels 344 0 R /StructTreeRoot 350 0 R /PieceInfo << /MarkedPDF << /LastModified (D:20050418151040)>> >> /LastModified (D:20050418151040) /MarkInfo << /Marked true /LetterspaceFlags 0 >> >> endobj 350 0 obj << /Type /StructTreeRoot /RoleMap 4 0 R /ClassMap 7 0 R /K 109 0 R /ParentTree 337 0 R /ParentTreeNextKey 2 >> endobj 386 0 obj << /S 48 /L 147 /C 163 /Filter /FlateDecode /Length 387 0 R >> stream CXLV, No. 14. 218. If a person refuses to enter into such recognizance the Court may commit him to prison, or into the custody of any officer of the Court, there to remain until after the trial, unless in the meantime he enter into a recognizance. B., on theday ofatin the Western Area of Sierra Leone, did counsel, procure, and. Section 4 of the Local Courts Act is hereby amended as follows, a)by the insertion immediately after the word "Vice-President" in line 2 of subsection (1) thereof of the words "or Vice-Presidents where he considers it necessary to appoint more than one"; and. Subject to the provisions of the Courts Act, 1965, and to the powers of transfer conferred by the section 43, the place for the investigation and trial of offences by Courts other than the Supreme Court shall be determined according to the following rules. public Court for that purpose, and the Court may, if it thinks that the ends of justice will be served by so doing, order that no person shall have access to, or be or remain in the room or place without the express permission of the Court. 112. When statement may be used in evidence. (1) A warrant under the hand of the Judge or Magistrate by whom any person shall have been sentenced, ordering that the sentence shall be carried out in any prison within Sierra Leone, shall be sufficient authority to the keeper of such prison and to all other persons for carrying into effect the sentence described in such warrant, not being a sentence of death. (2) Where a prosecutor has actually received the compensation awarded under the provisions of subsection (1) or any part thereof the convicted person shall be released from all further or other proceedings by the prosecutor whether civil or criminal for the same cause. How warrants addressed, and by whom executed. 19-20. Q. In force: Yes. Prisoner to be released on bail or acquitted and discharged if not tried within a certain time. Justice of the Peace to assist Magistrate. according to law may be dealt with in Sierra Leone, the offence may, subject to the provisions of section 53, be enquired into and tried at any place in Sierra Leone to which the accused person is first brought or to which he may taken thereafter. (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. Defence of lunacy at preliminary investigation. 0000001488 00000 n DATED this.day of.19 (This warrant may been endorsed as follows), If the said.shall enter into a recognisance himself in the sum of. 81. return you this order to me endorsed with what you have done therein. 222. Such punishment may be inflicted summarily on an order to that effect by the Court, and any fine imposed shall be recoverable by distress and sale of the moveable and immoveable property of the person fined, by warrant of distress to be signed by the Registrar of the Court, which warrant shall be issued by the Sheriff without further order of the Court, if the amount of fine is not paid within six days of its having come to his knowledge by notice or otherwise that the fine has been imposed, if imposed in his absence. Certificate required by section 141, Criminal Procedure Act 1965. Both systems have been given legitimacy by the constitution and other statutory instruments. 2. (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. (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. Mutiny under the Sierra Leone Military Forces Act 1961 4. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. The forms set out in the Second Schedule may be used in all proceedings to which they are applicable with such variations as circumstances require, and shall valid and effectual for all purposes. 142. 182. (3)If a Magistrate's Court imposes a fine on a defendant whose personal attendance has been dispensed with under this section and the fine is not paid within the time prescribed, the court may forthwith issue a summons calling upon the defendant to show cause why he should not be committed to prison. (1) When any person is convicted of an offence and the facts constituting the offence amount also to a tort against the person or property of the prosecutor, the Court before which such person is convicted may, on the application of the prosecutor and after taking any such further evidence as it deems necessary, order the person convicted to pay the prosecutor such sum as appears to the Court to be reasonable compensation (not exceeding in the case of a summary conviction one thousand Leones) in addition to or in lieu of any other punishment. [23rd March, 2006] Enacted by the President and Members of Parliament in this present Parliament assembled. 85. 88. Leone, and that they were then able to supply certain articles of jewelry to whomsoever would remit to them the sum of twenty leones. While Spanish is the first official language of Puerto Rico, English is the second official language. [ ] ENACTED by the President and Members of Parliament in this When a private person arrests any person under section 11 he shall deliver the person arrested, and the property, if any, taken into possession by him, as soon as may be to a constable. (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. Section 29 of the principal Act is hereby amended as follows. (1) The Magistrate of each Judicial District shall prepare and settle a jurors' list for his area for the year commencing on the first day of January in each year in accordance with the provisions of this part. b)by the substitution for the words "six months" in lines two and three thereof of the words "one yeaf'. (1) In the case of a conviction involving sentence of death the sentence shall not in any case be executed until a. after the expiration of the time within which a notice of appeal or of an application for leave to appeal may. (1) ) Every person by pleading generally the plea of "not guilty" shall, without further form, be deemed to have put himself upon his trial, and in any plea of. 43. 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. 70. 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. 84. (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. 84, pp. 112. Proof Reading 2nd of December - Renewable Energy Policy of Sierra Leone 6th January, 2015 viii ABBREVIATIONS AfDB African Development Bank AfP Agenda for Prosperity AU African Union BHP Bumbuna Hydro Power CEF Central Energy Fund CFL Compact Fluorescent Lamp CLSG Cte d'Ivoire, Liberia, Sierra Leone, Guinea WHEREAS.(name of offender), was on theday, of..sentenced to pay a fine of..or in default to suffer imprisonment for the period. 62. (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. (2) The powers conferred upon the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (1) shall be vested in him to the exclusion of any other person or authority: Provided that, where any other person or authority has instituted criminal proceedings nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the Court. (4)If in any case in which the attendance of defendant is dispensed with under this section, previous convictions are alleged against him and are not admitted in writing, the court may adjourn the proceedings and direct the personal attendance of the defendant and, if necessary, enforce such attendance in manner hereinafter provided. Magistrates' Courts have limited jurisdiction. Amendment of section 78 of Act No. The Act was amended by the : The Sierra Leone Citizenship (Amendment) Act, 2006. [9[,I`xs 193. Where any person has been committed for trial for any offence, the deposition of any person taken before the committing Magistrate may, if the conditions hereinafter set out are satisfied, without further proof be read as evidence on the trial of that person, whether for that offence or for any other offence arising out of the same transaction, or set or circumstances, as that offence. 135. Other days thereafter receive, comfort, harbour, assist and maintain the said H. C. Statement of Offence Robbery with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916. 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. The Criminal Procedure Acts The Goverment of Sierra Leone Information, Sierra Leone Web, Sierra Leone PDF. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. of AND WHEREAS the.has not paid the said. 169. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. Your are not obliged to say. 41. 29 1965 Short title. Privilege of persons committed for trial. (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. 160. 76. Address by Registrar to accused before jurors are sworn. Challenge to the array, Peremptory challenges. 0000091824 00000 n 0000003076 00000 n persons, and to produce him before the said Court then and there to be tried. a. 210. 48. 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. (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. 0000080634 00000 n (3)When an accused person makes an application under this section, the Judge may before granting the same, direct him to enter into a recognisance, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecution. To.(keeper of Prison or constable). custody together with this warrant, and there to carry the aforesaid sentence into execution according to law. 42. (2) When a person charged with any offence against section 17 of the Larceny Act, 1916 (relating to embezzlement) 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 offence; and when a person is charged with stealing any chattel, money or valuable security he may, in like manner, be convicted of embezzlement, or of fraudulent application or disposition as the case may be. 19. 146. (2)The Principal Immigration Officer shall during the first week of August in each year furnish the Senior Police Magistrate in Freetown, with a list of names of all aliens known to him to be resident in the Western Area. Therefore the Supreme Court of Sierra Leone should declare that law null and void by virtue of Section 171(15) of the Act No 6 of the . (1) All such warrants shall be valid and effectual throughout Sierra Leone, wherever the person against whom such warrant is issued, or any goods and chattels of such person may be found. 20. The Mayor of Freetown, Paramount Chiefs and Chairman of Town Councils and of other local authorities; viii. (1) A corporation may be charged either alone or jointly with another person with an offence triable on indictment or triable summarily before a Magistrate's Court. 101. Having heard you statement read do you wish to explain or add to it? Revisin tcnica: Gil Armando Snchez Soto Universidad Iberoamericana Gerardo Luvano Rodrguez Universidad Regiomontana Instituto Tecnolgico de Nuevo Len . (1) At the close of the evidence for the defence, or, where it is sought to rebut evidence of good character, after evidence of good character has been given, the Court may, in its discretion, grant the prosecutor leave to call rebutting evidence where something has arisen ex improviso, in the course of the defence. 156. 54. It also refers to any security which the court may demand such as cash or a bond required by the court for . (2) Where a fine imposed under sub-section (1) is not paid forthwith the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs (if any) in the Supreme Court, and that judgment shall be enforceable against the corporation in the same manner as if it were a judgment entered against the corporation in the Supreme Court in civil proceedings. amounts to a breach of the peace in terms of the PUBLIC ORDER ACT 1965 as amended, . 58. But if afterwards, from want of sufficient evidence or other cause, the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharged. Proof of service outside local limits of jurisdiction. (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. 6. in order to hear the statement which I propose to take from the said Now these are to command you to produce the said prisoner at.(place) at..m. on.the.day of..next there to continue until the said statement shall have been. The failure of any person charged with an offence, or of the wife or husband, as the case may be, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution. (2) No accuse person shall be entitled to any adjournment to secure the attendance of any witness unless he shows that he could not by reasonable diligence have taken earlier steps to obtain the presence of the witness. (3) Such person may pay or tender to the officer having the execution of the warrant the sum therein mentioned together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon the officer shall cease to execute the same. 108. Competency of person charged and husband or wife of person charged to give evidence. Sentence of death shall not be pronounced or recorded against a person convicted of any offence if it appears to the Court that at the time when the offence was committed he was under the age of eighteen years; but in lieu thereof the court shall sentence him to be detained during Her Majesty's pleasure and if so sentenced, he shall be liable to be detained in such place and under such conditions as the Governor-General may direct, and whilst so detained shall be deem to be in legal custody. Of the PUBLIC order Act 1965 the second official language Citizenship ( Amendment ),... Of Sierra Leone PDF whom such statement was taken shall be sufficient prisoner be... Authorise and require you to enter on the record a statement that the are..., 2006 ] Enacted by the President and Members of Parliament in this present Parliament.... Theday ofatin the Western Area of Sierra Leone PDF [ 23rd March, 2006 of person to. 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