140. Proof of service outside local limits of jurisdiction. Section 47 of the principal Act is hereby amended by the insertion immediately after the word "makes" in the third line thereof, of the following words "or cases to be made". Abstract/Citation: Entitled "The Employers and Employed Ordinance" prior to independence. i . 56. 199. WHEREAS.(name of offender), was on theday, of..sentenced to pay a fine of..or in default to suffer imprisonment for the period. 76. (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the commencement of this Act shall be inquired into and dealt with in accordance with the provisions of the Acts hereby repealed. 90. No. 128. 10. (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. (4)Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the recognisance to the Court. to prosecute (or to prosecute and give evidence) in the matter of a charge of And whereas it has been made to appear to me by information upon oath that the said, .was about to go out of Sierra Leone, and he has been arrested under a warrant, Now these are to command you to receive into your custody the said..and safely to, keep him until the trial of the saidand to produce him upon the day of such trial. (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. Robbery with aggravation - Criminal Procedure (Amendment) Act 1973. 26. Sierra Leone. 129. 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. 83. (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. 124. 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 228. 10. M 4/T. (2) If the accused or the defendant, as the case may be, is not before the Court when such, is entered, the Court shall forthwith cause notice in writing of the entry of such. Internacionales CompetenCia en el merCado global 8e Negocios Internacionales CompetenCia en el merCado global. Penalty on jurors not attending or refusing to serve. 198. (2) Indictments signed by a Law Officer, otherwise than at the instance of any other person, shall have priority of hearing, and shall be heard in the order they are presented by the Attorney-General or his representative, and no jury or assessors shall be empanelled or selected for any such case until it has been so presented. Expenses of conveyance to prison .. Certificate of death by Medical Officer. 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. 189. (1) All prosecutions on indictment in the Supreme Court shall be conducted by a Law Officer or a legal practitioner. (2) Where the Judge gives no directions for the recording of his summing up or of any direction given by him, he shall prepare a statement as soon as possible according to the best of his recollection and, for the purpose of preparing such statement, may consult any notes he may have made for his summing up or for any such direction. 191. b)by the insertion immediately after the word "of' in the third line of subsection (3) thereof of the words "not more than". 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. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. I plead guilty to the above written charge. 62. PART I - PRELIMINARY . (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. 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. B. to commit the said offence. 95. Procedure for offences. 249. Statements as to wages to be evidence. 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. (1) Every Court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Sierra Leone, or which according to law may be dealt with as if it had been committed within Sierra Leone, and any person within such limits against whom a complaints is made on which the Court has power to make any order for the payment of money or otherwise, and to deal with all such persons according to its jurisdiction. "A.B. 193. 46. 0000003948 00000 n No. B., on the.day of..at..in the Western Area of Sierra Leone , with intent to defraud, obtained. courts in Sierra Leone and over any adjudicating authority; and in exercise of its supervisory jurisdiction shall have power to issue such directions, orders or writs including writs of habeas corpus, orders of . 144 Sudanese Nationality Act 1994, as amended by Act No. (3)The District Officer shall during the first week of August in each year submit to the Magistrate in each Judicial District a list of persons known to be resident in the district and literate in English. (7)The Court may dispense with sureties if, in its opinion, its so dispensing will not tend to defeat the ends of justice. The room or place in which the Court sits to hear and determine the charge shall be an open and public Court, to which the public generally shall have access as far as it can conveniently contain them. (1) (1) If the condition of any recognizance be not complied with, the Court in or before which such condition ought to be performed, may endorse thereon a certificate, addressed to the Sheriff or other officer of the Court, setting forth that such condition has not been performed, and thereupon, if the amount of the recognizance be not paid within six days after service of an order and notice to do so, the same shall be recoverable by distress and sale of the goods and chattels of the recognisors. 69. 244. 175. 192. The room or place in which the investigation is held shall not be an open or . (2) (a) Proceedings before a Magistrate previous to the committal of an offender for trial or to the determination of the Magistrate that the offender is to be put on trial, shall not be deemed proceedings for the trial of the offence committed by such offender for the purposes of the said consent and certificate under this section. 18. 99. (5)Where any person is charged jointly with a corporation with an offence triable on indictment and either that person or the corporation by its representative does not consent that the offence should be dealt with summarily in pursuance of section 6 of the Courts Act, 1965, the Court shall not have power to deal summarily with the offence in the case of the other offender. 150. HWnI}GXA !*#@x0@)H#sd>O{lT|9tdz>NO%y%w:2#22o}|.V7[Nd3Vipk[l1F8eY \=\iY=efO& q3|Zfqz{Ml' 'e^@1@~&Vs/ uG\$KP\ when an offence is committed partly in one District and partly in another; or, iii. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. Children and young persons accused of criminal offences shall be apprehended and tried in accordance with the provisions of the Children and Young Persons Act. In any information or indictment against any person in which evidence of the previous conviction, or acquittal of such person for any offence is relevant to the issue, a certificate containing the substance and effect only (omitting. 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. 213. 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. (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. A person, who has been once tried for an offence and convicted or acquitted of such offence, shall not be liable to be tried against on the same facts for the same offence or any other offence of which he could have been lawfully convicted at the first trial, unless a retrial is ordered by a Court having power to do so. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. Person to be paid 11. (1) A person charged with murder or treason shall not be admitted to bail, except by a Judge. Having heard the evidence. When any search warrant has been executed the person who executed it shall return the warrant, together with everything seized thereunder, to the Court, Judge, Magistrate or Justice of the Peace which issued the warrant. (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. 226. 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; 121. (Here record statement of accused. 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. CONTROL OF ATTORNEY-GENERAL OVER CRIMINAL PROCEEDINGS. 144. (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. Where at any stage of a trial the Court is of the opinion that the accused or the defendant may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same information 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 one information the Court may order a separate trial of any offence or offences charged therein. DATED this.day of. It was ratified by Parliament on 15 December 2011 and signed into law on 1 February 2012. (1) At the close of the evidence in support of the charge if it appears to the Court that the case is made out against the accused or the defendant sufficiently to require him to make a defence the Court shall ask him if he wishes to say anything in answer to the charge, or has any witnesses to examine or other evidence to adduce in his defence, and the Court shall then hear the accused or the defendant and his witnesses and other evidence, if any. 7. When a person is accused of the commission of any offence by reason of anything which has been done or of anything which has been omitted to be done, and of any consequence which has ensued, such offence may be enquired into or tried in any district in which any such thing has been done or omitted to be done, or any such consequence has ensued. Time and mode of summoning parties on indictment. 139. (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. 27. Abstract/Citation: Comprehensive legislation on criminal procedure. Sierra Leone Gazette Supplement, Public Notices, 1982-02-19, No. Trial of children and young persons. 35. (3)Warrants issued by a Court of summary jurisdiction shall be enforced in other districts, either of the Western Area or Provinces, by the Magistrate having jurisdiction therein. 188. Where a person charged with an offence is married to another person by a marriage other than a Civil or Mohammedan marriage, such last-named person shall be a competent and compellable witness on behalf either of the prosecution or of the defence. 223. 68. 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. 0000010705 00000 n (Particulars to specify pages and lines complained of where necessary as in a book). 0000009278 00000 n relating to the condition of any motor vehicle or trailer, may, if it is directed to the Court or produced by any constable to whom it is addressed or by someone acting on his behalf, be admitted as evidence of the facts therein stated in any preliminary investigation or trial before a Magistrate's Court. 129. Prisoner to be released on bail or acquitted and discharged if not tried within a certain time. THE COURTS (AMENDMENT) ACT. 217. CXLV, No. The fact that the indictment has been so signed shall be equivalent to a statement that all conditions required by law to constitute the offence charged, and to give the Court jurisdiction, have been fulfilled in the particular case. 2. 194. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. (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. Jurors resident more than five miles from the place where the session is being held shall be excused by the Court from serving on the ground of ill-health upon the testimony of two jurors. The cancellation of a warrant may be effected by the Court issuing it, or by a Court to which such issuing Court is subordinate. 125. 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. Act, 1965 Assented to in Her Majesty's name this 8th day of June, 1965. PART IV - INDICTMENT AND TRIAL IN THE SUPREME COURT. DATED this.day of..19 RECOGNISANCE BOOK KEPT AT THE POLICE STATION (OR LOCKUP) AT, (1) State time and place at which accused (recognisor) is to appear before the Magistrate and the sum in which he is bound followed by his. (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. 163. (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. Challenge for cause shall be allowed on any of the following grounds. In the event of any person liable and suitable to serve as a juror being found at any district after the lists are settled for the year, it shall be lawful for the Magistrate to place the name of such person on the list, either as a special or common juror, as the case may be, and such person shall be liable to serve as such juror till fresh lists are brought into force, and whenever any juror on the list may have become disqualified, his name shall be expunged. (10) Every indictment shall bear date on the day when the same is signed and With such modifications as shall be necessary to adopt it to the circumstances of each case, may commence in the following form:-, IN THE SUPREME COURT OF SIERRA LEONE The..day of 19. (1) If the accused or the defendant does not admit the truth of the charge or the Court refuses to accept a plea of guilty, the Court shall proceed to hear the prosecutor and his witnesses and other evidence, if any. 36. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. (1) If the trial is to be held with the aid of assessors, the Judge shall select from the persons summoned to act as special jurors such number, not being ordinarily less than three, as he shall think fit to assist him in such trial. 0000001870 00000 n 74. attend the Supreme Court at.(place of sitting) atmonitoring, on the..day of..next and then and there to prosecute (or to prosecute and give evidence or to, give evidence) in the matter of a charge ofagainst.(name of accused) and. He was one of a group of seventeen soldiers in the military of Sierra Leone who successfully staged a coup that ousted president Ahmad Tejan Kabbah in May 1997. 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