sierra leone court act, 1965 pdf

23 OF 1ST MAY, 2014. 50. (5)A search warrant shall ordinarily be executed between the hours of five o'clock in the morning and ten o'clock at night, but the Judge, Magistrate or Justice of the Peace issuing the same may by an order endorsed thereon, give authority for its execution at any other time. In the.Court at. Subsection (4) of section 42 of the principal Act is hereby repealed. Warrants to be enforced outside the jurisdiction of the Court by which they were issued shall be forwarded to the authority prescribed in section 243, and be enforced and returned in like manner as if they had been issued out of the Court having jurisdiction within the district where such warrant is to be endorsed, and the proceeds of such enforcement shall be forwarded to the Court out of which such warrant was originally issued. 251. Search of place entered by person sought to be arrested. 236. Now these are to command you to arrest the saidAnd to bring him before me. A. 7. 0000003971 00000 n 43. In case of refusal may be imprisoned. For the purposes of sections 86 to 90. 241. Local Courts (Amendment) Act, 1965 (No. convicted, pay the costs of the prosecution: Now I.(name of accused), of.of, ..(address) hereby bind himself that I will, in the event of my being convicted. 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. B., on theday of.atin the Western Area of Sierra Leone, being clerk or servant to. Figures and abbreviations may be used in an information or indictment for expressing anything which is commonly expressed thereby. 0000012053 00000 n Penalty for signing false certificate. Spanish has been an official language in Puerto Rico since it was first colonized by Spain in the 15th century. 45. 0000007848 00000 n 0000014763 00000 n Sealing orders, warrants, etc., not generally necessary. B. was then authorized by the said J.S. 176. In case where any person is so fined in his absence, the Registrar of the Court shall forthwith send him a written notice of the fact, requiring him to pay the fine or to show cause before the Court within four days, for not paying the. 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. (2) Where a witness has been, or is to be treated as having been bound over conditionally to attend the trial, the Attorney-General or the person committed for trial may give notice, at any time before the opening of the sessions of the Supreme Court at which the accused person has been committed to be tried, to the committing Magistrate's Court and at any time thereafter to the Registrar of the Supreme Court that he desires the witness to attend at the trial, and any such Court or Registrar to whom any such notice is given shall forthwith notify the witness that he is required so to attend in pursuance of his recognizance. (4)The Court may presume that the signature to any such document is genuine, and that the person signing it held the office which he professed to hold or was recognized as an assayer or mineralogist at the time when he signed it. 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. When such special findings is made the Court shall order the accused or the defendant to be kept in custody as a criminal lunatic in such place and in such manner as the Court shall direct, and shall report the case for the order of the Minister. A. WHEREAS by a judgment of the Supreme Court bearing date theday of 19..(name of prisoner) was convicted of murder and was thereupon by the said Court sentenced to suffer, NOW, THEREFORE, these are to command you privately to carry the said sentence into execution by causing the, said..to suffer death by being hanged by the neck until he is dead, atm on.the.day, of.19.., and within the precincts of the prison at.and thereafter to cause the, dead body of the said.to be buried in the.(cemetery), at..(place and for so doing these shall be your sufficient authority: and there upon without delay. 168. 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. 348 0 obj << /Linearized 1 /O 351 /H [ 1624 268 ] /L 138060 /E 100465 /N 2 /T 130981 >> endobj xref 348 40 0000000016 00000 n If too long for this space continue overleaf). The various classifications of these divisions indicate the types of cases that are heard in these courts. 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. CERTIFICATE UNDER SECTION && OF THE CRIMINAL PROCEDURE, I(name) of(address), the Medical Superintendent of the, Mental Hospital athereby certify that(name of. 185. 225. 48. Accused person to be remitted in certain cases to another Court. No commitment for non-payment shall be for a longer period than six months, except where the law under which the conviction has taken place enjoins or allows a longer period. 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. 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. 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. 140. Cross-examination of witnesses for the prosecution. Paragraph (xii) of section 78 of the Prisons Act, 1961, is hereby amended. (1) When, in a trial by jury, the case on both sides is closed the Judge shall sum up the law and evidence in the case. Fines, detention in police station in lieu of imprisonment. However, the key arbitration legislation in Sierra Leone, Chapter 25 of the Laws of Sierra Leone 1960 (Cap 25) is in the process of being revised. 5. 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. [1st July, 1984] [G.N. in Province from S. p. five yards of cloth by falsely pretending that he, the said A. To.(keeper of Prison or constable) at. Form, contents and duration of warrant. Powers of Director of Public Prosecutions. (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. 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. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S . 145. 17. 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)Where the accused is defended by counsel who states that he intends to call witnesses as to the facts other than the accused, the Court shall call upon the accused's counsel to open his case and shall then require the accused, if he so desires, to make his own unsworn statement or give his evidence on oath, as the case may be, and thereafter to call his witnesses (including witnesses as to character). 217. 161. (3) In the exercise of the powers conferred upon him by his section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority. WHEREAS by section 70 of the Constitution it is ordained that the Governor-General may, in Her Majesty's name and on Her behalf, grant unto any offender convicted of any crime in any Court before any Judge or Magistrate within Sierra Leone a free pardon, or a pardon subject to such conditions as may at any time be lawfully thereunto annexed. Act regulates relations between employers and employed, and safeguards heath of the employed. Whenever it is made to appear to a Judge, by summons . You are not obliged to say anything unless you desire to do so but whatever you say will be taken down in writing and may be given in evidence upon your trial. 29 1965 Short title. the Prosecutor that A.B is charged with the following offence (offences)-. PART I - PRELIMINARY . 188. Particulars of Offence, A. (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. (1) A person in detention pursuant to the directions of the Govern-General under section 216 may at any time discharged by the Governor-General on licence. (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. SierraLII publishes the law of Sierra Leone for free online access. 152. DATED this.day of. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. (3)If the accused person is found guilty, the Judge shall pass sentence on him accordance to law. 77. The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient. E-Book Overview. Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. The purpose in developing a CCP is to provide refuge managers with a 15-year strategy for . No person shall be exempted from serving as a common juror by reason of being marked as a special juror. (1) Where any person is convicted of having stolen or otherwise obtained any property dishonestly by means of any felony or misdemeanour, the Court convicting him may. (1) The description of property in a count in an information or indictment shall be in ordinary language, and such as to indicate with reasonable clearness the property referred to and if the property is so described it shall not be necessary, except when required for the purpose of describing an offence depending on any special ownership of property or special value of property, to name he person to whom the property belongs or the value of the property. b. 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Country/Territory Sierra Leone Document type Legislation Date 1965 Source FAO, FAOLEX Subject Agricultural & rural development, Land & soil Keyword Agricultural development Institution Court/tribunal Legal proceedings/administrative proceedings Access-to-justice Geographical area (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. 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. Similar Judgments. (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. (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. to be given to the keeper of the prison in which such accused may be detained, and also shall forthwith cause a similar notice in writing to be given to any witnesses bound over to prosecute and to their sureties (if any), and also to the accused and his sureties in case he shall have been admitted to bail. In the Court at. To..(person or persons who is or are to execute the warrant). Any person summoned to attend the Court as a juror who shall not without reasonable excuse (burden of proof whereof shall rest on such juror) duly attend and be present at the Court and at all times appointed by the Court for adjournments, and any person present in Court, who being called to serve as a juror, shall without reasonable excuse refuse to serve till discharged by the Court, shall be guilty of contempt of Court, and be liable to a fine not exceeding fifty Leones. he, the said A. 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. 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. 42 of the Federal Register provide legal notice to the public and notice... Been an official language in Puerto Rico since it was first colonized by Spain in the century. The following offence ( offences ) - S. p. five yards of cloth falsely! 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