74. The room or place in which the investigation is held shall not be an open or . 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. 64. Section 4 of the Local Courts Act is hereby amended as follows I,..(name of accused) being brought before the, .(Magistrate) at..charged with, ..(statement of offence), do hereby bind myself to attend in, the..Court aton the said charge and to continue so to. (1) The constable or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, or anything found in his possession likely to afford material evidence for the prosecution in respect of the offensive weapons which he has about his person, or anything found in his possession likely to afford material evidence for the prosecution in respect of the offence for which the offender has been arrested. Treason and other related offences under the Treason and State Offences Act 1963 3. 2198-2227 PDF of Act. (2) If the accused is undergoing imprisonment, a warrant to bring him before the Court may be directed to the Keeper of any prison within which the accused is confined. I, (name of accused) of..(address), being brought before, the(Magistrate) atcharged with the, Offence ofand required to give security for my attendance in his Court, and at the Supreme Court, if required, do bind myself to attend at the Court of the said, (Magistrate) on everyday of the preliminary investigation into the said charge and, should. A. (4)The Establishment Secretary shall before the end of August in each year submit to the Senior Police Magistrate, Freetown, a list of all office-holders who have been exempted under item (xvi) of subsection (2) of section 151. in the case of a public officer, the Establishment Secretary. 53. Justice of the Peace to assist Magistrate. 164. To.(keeper of Prison or constable) at. 59. 148. 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. (2) Any person who commits on an aircraft operated by or on behalf of a company registered in Sierra Leone, any act which, if committed in Sierra Leone would be an offence shall be guilty of an offence of the same nature, and subject to the same punishment, as if the act had been committed in Sierra Leone. (2)The Court may set aside any conviction made in the absence of the defendant upon being satisfied that his absence was due to causes over which he had no control, and that he has a probable defence upon the merits. 180. TO THE SHERIFF OF THE. 0000003688 00000 n (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. The Sheriff shall keep such lists amongst the records of his office and shall also, at every sitting of the Supreme Court, have there a fair copy of such lists for the then current year for the inspection of any person whose name is borne on the said lists, or by any public officer, or by any legal practitioner in actual practice. 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. The Governor-General shall communicate to the said Judge, or his successor in t office, the terms of any decision to which he may come thereon, and the Judge shall cause an entry to the effect thereof to be entered on the record of the Court. Each list so prepared and delivered as aforesaid shall constitute the jurors' list for the district for which the same has been prepared, and shall come into operation on the first day of January in the next following year. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. (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. 217. Benin Constitutional Court declared four articles of the nationality code to . INTRODUCTION The Rule of Law and Due Process have been the distinguishing factor which upholds the democratic tenants and constitutionality of states across the world, and it ensures that governments and the governed coexist in a healthy and responsible manner which oils the wheels of the state, and aids its productivity legally, A search warrant issued by a Court, Judge, Magistrate or Justice of the Peace in the Western Area, or by a Court, Judge, Magistrate or Justice of the Peace in any district in the Provinces, for the discovery of any property stolen or otherwise unlawfully obtained may be executed in any part of the Western Area, or in any district of the Provinces, although such part or district is outside the jurisdiction of the Court, Judge, Magistrate or Justice of the Peace issuing the said warrant, and in every case in which any property alleged to have been stolen or otherwise unlawfully obtained is seized in pursuance of this section, it shall be lawful for the constable or other person to whom the search warrant was directed, without any special authority in that behalf, to arrest the person on whose premises the property was at the time of seizure, or the person from whom it was taken, if other than the person on whose premises it was, and take him before the Court within whose jurisdiction the seizure was made, to account for his possession of such property; and in every such case the Court before whom such person shall be brought shall have jurisdiction to hear and determine the matter notwithstanding that the alleged offence was committed outside the jurisdiction of the said Court. 92. ), * 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. 160. a.to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Sierra Leone; b.to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and. 44. concerning E. F. in the form of a letter, book, pamphlet picture, or as the case may be. Depositions admissible in certain cases. The Magistrate, upon the lists being so settled, shall send signed copies thereof to the Sheriff to the Sheriff or Deputy Sheriff for his district. 35. 158. The Court shall, at the time of committing him for trial, inform the accused of his right under this section. (3)The statement of offence shall described the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by enactment shall contain a reference to the section of the enactment creating the offence. In force: Yes. For the issuing of a summons the information need not be put in writing or be sworn to unless the Court so directs. If a Sessions shall be held at any place for which a jurors' list may not have been prepared under this Act, the Sheriff may prepare a temporary jurors' list for the purposes of such sessions, and all the provisions of this Act shall, as far as applicable, apply in the case of the persons whose names are entered, whether as common jurors or as special jurors upon such temporary list. In Sierra Leone , the right to bail in criminal proceedings is guaranteed under Admission to Bail in the Criminal Procedure Act of 1965. (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. (1) After the summing up, the jury shall consider their verdict, and for that purpose may retire. Universal jurisdiction is one of international law's core concepts. (2) If the accused states that he has witnesses to call but they are not present, the Court may, under the circumstances set forth in section 117, take the steps therein mentioned to compel their attendance. 155. I,.(Judge of the Supreme Court or other designation) hereby certify that the, condition of the recognisance entered into by..and set out on the obverse hereof has not been, You are hereby directed to cause to be served upon the said..the order and notice required b. section 129 of the Criminal Procedure Act, 1965: And you are further directed that if the said sum shall not have been paid to you within six days of the service of such order and notice, you shall proceed to recover the same by distress and sale of the goods and chattels of the, saidand in default of the amount being so recovered you shall lodge the said, ..in the prison at.there to be kept safely for a period. 202. (1) In making an arrest the constable or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action. S. 155(1), 1991 Constitution of Sierra Leone. No. sessions but one after the sessions to which he was originally committed he shall on his application made on the last day of such first mentioned sessions be acquitted and discharged, unless the Court sees good reason to the contrary . Penalty for signing false certificate. Saving clause as to legality of execution. 112. c.any offence against sections 20, 21 and 22 of the Larceny Act, 1916. Postponement of trial, recognisances. 107. 69. 74. (2) State amount in which each surety is separately bound, followed by his signature or mark. 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. (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) 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. 126. Power to take depositions of persons dangerously ill. 62. A. 189. 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. 0000071036 00000 n 248. The Magistrate's Court shall, on committing the accused person for trial, inform him of his right to require the attendance at the trial of any such witness as aforesaid, and of the steps which he must take for the purpose of enforcing such attendance. The powers vested in a President under this Act or any Rules made thereunder shall be exercised by a Vice-President.". 70. (2)If a witness is cross-examined at the trial on behalf of the accused on any part of the witness's statement to the police the prosecution may furnish the Court with a copy of the statement which shall become part of the record of the trial. Retentionist, but the Special Court for Sierra Leone does not have the power to impose the death penalty. 11. (2)Such warrant of commitment shall name the day, time and place at which the accused is to appear before the Supreme Court in answer to the indictment preferred against him but the committal for trial shall not be invalidated by reason only of a failure to comply with this subsection. Exhibition of certificate and declaration at entrance of prison. 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. 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. (b) it shall be sufficient if only the words of the section of the enactment creating the offence are set out in the particulars of the offence. 182. 242. 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. (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. Available Online Formats Add to Basket Items Details A. 44. When an accused person is arrested under a warrant endorsed for bail as provided by section 29. 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. I hereby declare myself surety/We hereby jointly and severally declare ourselves sureties for the above-, named..ofthat he will attend in the..Court, aton the .day ofnext to answer to the above-. H. J. L. BOSTON, Governor-General. 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. 188. (3) Any person may be proceeded against, tried and punished for an offence under this section in any part of Sierra Leone in which he is apprehended or is in custody as if the offence had been committed in that part of Sierra Leone and the offence shall for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that part of Sierra Leone. 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. (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. FAO organizational chart; Regional Office for Africa; Regional Office for Asia and the Pacific; Regional Office for Europe and Central Asia; Regional Office for Latin America and the Caribbean 0000035057 00000 n 19. Address by Registrar to accused before jurors are sworn. 72. 33. 209. WHEREAS.(name of accused) has the day appeared before me charged with. 21. 236. 36. Condemned person to be informed of his right to appeal. No person shall be exempted from serving as a common juror by reason of being marked as a special juror. The Governor-General may at any time exempt and exclude by public notice any Judicial Districts from returning jurors. 129. In the.Court at. To..(name of prosecutor or witness) of.(address), Take notice that you are bound in the sum of..leones to appear at the, ..sessions of the Supreme Court to be holden atand unless you personally make. 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. (1) If on the trial of any person charged with any offence it shall appear upon the evidence that the defendant or accused did not complete the offence charged, but was guilty of attempting to commit the same, or to cause such offence to be committed, such defendant or accused shall not be acquitted, but a verdict may be returned of not guilty of the offence charged, but guilty of an attempt to commit the same, and thereupon the defendant or accused shall be punished as if convicted on an information or indictment for attempting to commit such offence; and no person so tried as herein last mentioned shall be afterwards prosecuted for an attempt to commit the offence for which he was so tried. c.The wife or husband of the person charged shall not, save as in this Act mentioned, be called as a witness in pursuance of this Act except upon the application of the person so charged. 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. Trials in the Magistrates' Courts shall be conducted summarily in the manner and subject to the conditions laid, 93. (6)The accused who is to be admitted to bail shall procure such surety or sureties as in the opinion of the Court will be sufficient to ensure his appearance as and when required, and shall with him or them enter into a recognisance accordingly. 82. (3)Where the Magistrate who commenced or continued the preliminary investigation is unable for any sufficient reason to continue it after an adjournment, it shall not be necessary for his successor to re-commence such investigation unless it appears to him that the case is one upon which he should himself adjudicate under section 6 of the Courts Act, 1965. 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