sierra leone court act, 1965 pdf

by on April 8, 2023

Nothing contained in sections 143 to 146 shall affect the Court's powers to order separate trials of persons who are jointly charged. 23. before the Supreme Court unless in the meantime you receive other directions as to his disposal. (1) If from the absence of a witness, or from any other reasonable cause recorded in the minutes the Court considers it advisable to adjourn the preliminary investigation and the accused is not admitted to bail, the Court may, by warrant, from time to time, remand the accused for a reasonable time, not exceeding eight clear days at any one time, to some prison or other place of security. 169. (1) A description of the offence charged in an information or indictment or where more than one offence is so charged, of each offence so charged, shall be set out in the information or indictment in a separate paragraph called a count. THE COURTS (AMENDMENT) ACT. While Spanish is the first official language of Puerto Rico, English is the second official language. 98. An offence shall be enquired into and tried in the Judicial District in which it was committed. (Place). If entry to such a place cannot be effected under section 5 it shall be lawful in any such case as is therein mentioned for such person acting under a warrant of arrest or such person acting under a warrant of arrest or such constable having authority to arrest to enter such place and search therein and, in order to effect entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance. It does not, though, regulate the use of force by the Sierra Leone Police Force beyond the provision in Section 16(2) cited above. Corporate author : International Scientific Committee for the drafting of a General History of Africa Person as author : Ki-Zerbo, Joseph [editor] Notwithstanding the issuing of a summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused. (3)The length of any term of imprisonment imposed by the sentence of any Court shall be treated as reduced by any period during which the offender was in custody before sentence by reason only of having been committed for trial, or remanded, after arraignment. 144. (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. 3. 103. (2) Where the prosecution does not put in the statement the Judge, on the application of the defence, may order the statement to be read at the conclusion of the prosecution evidence as part of the prosecution case. 124. (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. (1) If in the course of a trial with the aid of assessors, at any time prior to the finding any assessor from any sufficient cause is prevented from attending throughout the trial, the trial shall proceed with the aid of the remaining assessors. Recovery of damages, etc., as a judgement debt. H.J.L. (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. Subsection (1) of section 9 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. 24. purporting to be the will of C. D., knowing the same to be forged and with intent to defraud. b.to be fined in an amount not exceeding four hundred leones where the offence is triable summarily. Accused person to be remitted in certain cases to another Court. Spanish has been an official language in Puerto Rico since it was first colonized by Spain in the 15th century. Appointment of other persons to perform duties of Magistrate. WHEREAS.(name of prison) a prisoner now in your custody is required to appear before me to. Bail is the process by which a court releases a person pending appearance at a future court hearing. Trial by Judge alone on election of accused. 193. 32. (1) Unless otherwise ordered by the Court, the jury shall return a verdict on all charges on which the accused is tried, and the Judge may ask them such questions as are necessary to ascertain what their verdict is. 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. Persons charged with burglary, etc., may be convicted of kindred offence. B., might retain the same in safe custody. c.to discontinue at any stage before judgment is delivered any such criminal proceedings. QUALIFICATIONS OF JURORS AND PREPARATION OF JURORS' LIST. ., with..surety (each) in the sum ofto attend before me at. m on the.day of.19.., and to continue so to attend. Person to be paid 11. 0000003948 00000 n 3. But that whatever you shall now say may be given in evidence notwithstanding such promise or threat. b. Power to take depositions of persons dangerously ill. 62. And whereas the condition of the said recognisance has not been performed: Now these are to order you to pay the sum of.the amount of such recognisance. 116. 137. C h a r l e s W. L . (name) of(address). (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. (2) The Minister may by order absolutely discharge any criminal lunatic and may also discharge any criminal lunatic conditionally, that is to say, on such conditions as to the duration of such discharge and otherwise as the Minister may think fit. of AND WHEREAS the.has not paid the said. 133. 216. H. J. L. BOSTON, Governor-General. Control of Attorney-General over Criminal Proceedings. ii. 229. DATED this..day of. A. (b) Nothing in this Act shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness, without the consent of that person. 0000012030 00000 n In accordance with the Courts Act, No 31 of 1965, Sierra Leone is constituted into Judicial Districts, and Section 4 of the Act states that there shall be constituted Magistrates' Courts in and for every judicial district. d.the time at which he is to attend before the Court including an undertaking to appear at such subsequent times as may be directed by the Court. 0000001151 00000 n 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. (1) The accused person shall be allowed to examine any witness, although not previously bound over to give evidence and shall, if he apprehends that the witness will not attend the trial voluntarily, be entitled to apply for the issue of process to compel the witness's attendance. ARREST WITHOUT WARRANT 11. 196. (1) Qualifications of jurors. The charge/charges against you is/are..(here set out charge or charges. Offences by public officers abroad and offences on aircraft. (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. Offences at sea or elsewhere out of Sierra Leone. No. 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. evidence that the person has been so appointed. 232. 70. a.that some question of law is likely to arise, which it is desirable should be decided by the Supreme Court; b.that an order under this section will tend to the general convenience of the parties or witnesses; or. In the..Court.at. 5. 251. to a dwelling house, one F. G. being therein. 668dd-668ee; Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a CCP for each national wildlife refuge. (3) On the restitution of any stolen property if it appears to the Court by the Evidence that the person convicted has sold the stolen property to any person, and that such person has had no knowledge that the same was stolen, and that any moneys have been taken from the person convicted on his apprehension and not returned to him under section 59, the Court may, on the application of such purchaser, order that out of such moneys a sum not exceeding the amount of the proceeds of such sale be delivered to the said purchaser. Error or omission not to affect legality or execution of order or warrant. inat. Now these are to authorise you with such assistance as you may quire to search all persons found therein and it found to produce such..(animal, matter or thing) forthwith before this Court together with this warrant. (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 autrefois convict or autrefois acquit it shall be sufficient for any person to state that he has been lawfully convicted or acquitted (acquitted as the case may be) of the said offence charged in the indictment. (1) All prosecutions on indictment in the Supreme Court shall be conducted by a Law Officer or a legal practitioner. (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. (4) If the case is one in which bail may not be taken, or if sufficient security is not given, the Court shall report to the Minister who may order the accused to be confined in a mental hospital, prison or other suitable place of safe custody, and the Court shall issue a warrant in accordance with such order. At the sitting of the Court, the names of all the jurors summoned, special or common, shall be written on separate pieces of card or paper of equal size and put into boxes, and whenever a jury is required, the Registrar of the Court shall in open Court draw from the proper box by lot until the required number of jurors appear ,who, after all just causes of challenge allowed shall remain as fair and indifferent, and the same shall be done whenever it shall be necessary to form a new jury: Provided that if a case be brought on for trial during the time that a jury in any other case may be deliberating, a new jury may be drawn from the residue of the cards in the boxes. 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