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Challenge to the array, Peremptory challenges. Local Courts (Amendment) Act, 1965 (No. It furthers the University's objective of excellence in research, scholarship, and education . Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of To..(Officer), WHEREAS..(name of accused) of.(Address) was brought before me aton, theday of.19charged with the offence, of(statement of offence) committed at.in the. The statement of the accused as herein/hereafter recorded was taken in my presence and hearing and contains accurately the whole statement made by him. Download as pdf. 127. In the event of a committal for trial the written charge, the depositions, the statement of the accused, his answer recorded under section 116 (if any), the recognisances of bail (if any) and any documents and things which have been put in evidence, shall be transmitted in proper time to the Supreme Court; and an authenticated copy of the depositions, documentary exhibits and statement and answer aforesaid shall be transmitted to the Attorney-General. b. 188. B. and C. D., in H.S. The Governor-General shall issue an order under his hand and the Public Seal which may be in one of the forms set out in the Second Schedule, and if the sentence is to be carried out shall state the place, which shall be private and the time where and when the execution is to be had, and shall give directions as to the place of burial of the body of the person executed; and if the person sentenced is pardoned, the pardon shall state whether it is free or to what conditions it is subject. 233. (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. 206. b.it must be proved at the trial either by a certificate purporting to be signed by the Magistrate before whom the deposition purports to have been taken or by the clerk to such Magistrate, that the deposition was taken in the presence of the accused and that the accused or his advocate had full opportunity of cross-examining the witness; c.the deposition must purport to be signed by the Magistrate before whom it purports to have been taken: Provided that the provisions of this section shall not have effect in any case in which it is proved, i.that the deposition, or, where the proof required by paragraph (b) is given by means of a certificate, that the certificate was not in fact signed by the Magistrate by whom it purports to have been signed; or. Now these are to command you to arrest the saidAnd to bring him before me. (2) If two or more of the assessors are prevented from attending or absent themselves, the proceedings shall be stayed and a new trial shall be held with the aid of fresh assessors. Be it enacted by the Queen's Most Excellent Majesty, by and with P.N. 194. 0000002570 00000 n In the..Court at. To..(name) of(address), WHEREAS on the..day of19., you as principal party/surety entered, into a recognisance conditioned as follows---. (2) The persons charged may object to any assessors so appointed and the Court shall refuse to allow any such assessor to sit if the grounds for such objection are substantial and reasonable. answer a charge of..(statement of offence): Now these are to command you to produce the said prisoner before me at atmonitoring, Day of.19, and to insure his further attendance from time to time until the said charge shall have, Affidavit of Service of Summons out of the Jurisdiction. The respondent claimed that the deceased had sold the land to him some time in . THE COMPANIES ACT, 2009 (ACT NO. Part 2 regulates summary trial; Part 3 preliminary investigations. Sierra Leone has a two tier justice dispensation regime; on the one hand is the formal justice sector and on the other the informal justice sector. 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. A warrant shall remain in force until cancelled or executed. (2) If the Court finds that the accused or the defendant is of unsound mind and consequently incapable of making his defence, it shall postpone further proceedings on the case. 35. 122. A. (2)The Judge may act on the application of any party interested after due notice to all other interested parties. 0000080634 00000 n 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. sentenced/ordered to pay a fine/sum/penalty of.. AND WHEREAS the said..has not paid the said fine/sum/penalty or any part thereof: Now these are to command you to make distress by seizure of the goods and chattels belonging to the, said.which may be found within the district ofand if the said, sum shall not be paid forthwith/within..days next after such distress/to sell the property distrained. 77. 197. It shall be lawful for the Court, upon the application of the prosecutor or the defence, if the Court considers that there is sufficient cause for the delay, to postpone the trial of any accused person to the next sessions of the Court to be held at the place where the Court is sitting at the time of such application being made, or to subsequent sessions, or to a sessions to be held at a time and place to be named at the time of granting such postponement; and to respite the recognisances of the prosecutor and witnesses, in which case the respited recognisances shall have the same force and effect as fresh recognisances to prosecute and give evidence at such subsequent sessions would have had. Where the defendant does not appear personally and pleads guilty in writing under section 21, the Court may proceed to conviction notwithstanding the absence of the prosecutor. 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. 54. 83. OFFENCES BY NON-CITIZENS WITHIN THE TERRITORIAL SEA. 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. This Act applied to the then Colony of Sierra Leone, amongst others, certain sections of the Conveyancing and Law of Property Act 1881. 131. (1) If the Court considers the evidence sufficient to put the accused on his trial, the Court shall by warrant commit him for trial upon indictment before the Supreme Court and shall, until the trial, either admit him to bail or send him to prison for safekeeping. (1) When the verdict of the jury is unanimous the Judge shall give judgment in accordance with that verdict. he has given evidence against any other person charged with the same offence. the Prosecutor that A.B is charged with the following offence (offences)-. 121. (3)Where a representative appears, any requirement of this Act that anything shall be done in the presence of the. (Public Seal) Governor. (2) The Court shall record the exact words of the answer to the charge made by the accused or defendant and if such answer does not consist merely of the words "guilty" or "not guilty", as the case may be the Court shall record its interpretation of such answer and whether in the opinion of the Court it amounts to a plea of guilty or not guilty as the case may be. 112. b. in the case of a petition, after the expiration of forty-two days from the date of the decision of the Court of Appeal, and if, within the appropriate time allowed, any such notice is given or petition is made, the sentence shall not be executed until the appeal or petition is finally rejected or the application for leave to appeal is finally refused, as the case may be. 158. 48A. B., on the..day of.at.in the Western Area of Sierra Leone, uttered a certain forged will. 0000003076 00000 n a.presumed or actual partiality or prejudice in the juror as standing in the relation of husband, master or servant, landlord or tenant to the person accused or to the person supposed to have been injured or affected by the act complained of, or to the person on whose complaint the prosecution was instituted; being in the employment of either of such person; being plaintiff or defendant against either of such persons; in any civil suit, or having complained against or having been accused by either of such persons in any criminal prosecution, or entertaining prejudiced views on the case to be tried; b.some personal cause as infancy, old age, deafness, blindness, infirmity or ill-health; c.that the juror has been convicted of perjury or other offence, disqualifying him from acting as a juror; d. that the juror does not understand the English language, but this shall not be a ground of disqualification, if the juror understands the usual language of the place where trial is held, unless the Court shall think fit so to order. This form must be used when as offence with which the defendant is charged is punished only by a fine. Enforcement of warrants outside jurisdiction. Benin Constitutional Court declared four articles of the nationality code to . (2)Any document purporting to be an original report under the hand of a qualified medical practitioner or dentist relating to the nature or extent of the injuries of any person certified to have been examined by such practitioner or dentist, may if it is directed to the Court or is 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. 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. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. sl-government-gazette-dated-2022-02-03-no-5.pdf Sierra Leone Government Gazette dated 2022-01-27 number 4. sl-government-gazette-dated-2022-01-27-no-4.pdf 60. 51. Section 4 of the Local Courts Act is hereby amended as follows. (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. When a person is charged with robbery and it is proved that he committed an assault with intent to rob, he may be acquitted of robbery and convicted of an assault with intent to rob although he was not charged with that offence. (4)The deposition of each witness shall be read over to the witness and signed by him and attested by the Magistrate in his presence. 118. (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. Costs to be paid by prosecutor, in certain cases. As a country in transition from one-party authori- DATED this.day of. 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 . I,(Sheriff or Deputy Sheriff) hereby certify that have/caused to, be served upon.(name of accused) a copy of the indictment in the matter of the charge, against him with the notice of trial, and that the nature and exigency thereof was explained to him, byand that this service was effected..(personally or in what, manner accomplished) at.(time) on..the..day. 162. 26. (6) When two or more persons are charged with jointly receiving any property, and it is proved that one or more of such persons separately received any part of such property, such of the said persons as are proved to have received any part of such property may be convicted upon such charge. In the Court at. To..(person or persons who is or are to execute the warrant). Being An Act to Consolidate and Amend the Law Relating to Criminal Procedure. 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. Deposition of medical practitioner may be read as evidence. 24. (1) The Court shall then in the presence of the accused take the statements on oath of the witnesses of the prosecution and put such statements into writing (hereinafter referred to as "depositions"). (1) In any criminal case, and at any stage thereof before verdict or judgement, the Attorney-General may enter a, 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. 140. This Act shall come into operation on such date as the Commencement Prime Minister may by Order appoint: Provided that the Prime Minister may if he deems it expedient either By one Order or by different Orders appoint different dates for the coming into operation of different provisions hereof. CERTIFICATE AND WARRANT UNDER SECTION 129, CRIMINAL PROCEDURE ACT, 1965. 14. (2) The keeper of a prison in which a person is confined who is desirous of taking advantage of the provisions of subsection (1) shall, on application being made to him by such prisoner, at once take him before a Court, and such Court shall certify the amount by which the period of imprisonment originally awarded is reduced by such payment in part in satisfaction, and shall make such order as is required in the circumstances. En primer lugar se hace alusin a la esencia, rasgos y evolucin de las Operaciones de Paz, as como una resea del papel desempeado por Chile en ellas. (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. (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. Private person may arrest without warrant. When an accused person is arrested under a warrant endorsed for bail as provided by section 29. 84, pp. (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. 235. 108. 59. Authority for carrying out sentences not capital. 220. There shall be no challenge to the array, and no accused person shall be admitted to any peremptory challenge above the number of three. ., with..surety (each) in the sum ofto attend before me at. m on the.day of.19.., and to continue so to attend. 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. 76. 123. Penalty for signing false certificate. The Local Courts (Amendment) Act, 1965 Date of commencement. Issue of search warrants and proceedings thereunder. The powers vested in a President under this Act or any Rules made thereunder shall be exercised by a Vice-President.". Procedure to be followed where accused is undefended. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. (1) The Minister may from time to time by order direct the transfer to a mental hospital, prison or other suitable place of safe custody of any criminal lunatic detained in any other mental hospital, prison or other suitable place of safe custody and such criminal lunatic shall accordingly be received and detained in the mental hospital, prison or other place of safe custody, to which he is so transferred. ii. (1) Such statement so taken may afterwards be used in evidence on the trial of any person accused of an offence to which the same relates, if the person who made the statement be dead, or the court is satisfied that for any sufficient cause his attendance cannot be procured, and if reasonable notice of the intention to take such statement was served upon the person against whom it is to be read in evidence and he had or might have had, if he had chosen to be present, full opportunity of cross-examining the person making the same. 56. 240. Pursuant to the Courts Act, Act No 31 of 1965, Sierra Leone is constituted into Judicial Districts and Section 4 of the Act states that there shall be constituted Magistrate's Court in and for every judicial district. Any compensation or expenses awarded under section 54 to 57 or paragraph (b) of subsection (1) of section 60 shall not be regarded as a penalty, but shall be recoverable as a judgment debt in the Court by which the order for payment is made: Provided that nothing in this section contained shall in any way affect or limit the powers conferred upon the Court by sections 59 and 60. (2) (2) After a plea of not guilty it shall not be open to an accused person except with the leave of the Court to object that he is not properly upon his trial by reason of some defect, omission or irregularity relating to the depositions or committal or any other matter arising out of the preliminary investigation. The Local Courts (Amendment) Act, 1965 [1st October, 1965.] 49. Magistrates' Courts have limited jurisdiction. WHEREAS.ofhas bound himself by recognisance. ..(animal, matter or thing) be found. 212. (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. Transfer and discharge of criminal lunatics. 6. (1) Notwithstanding the provisions of section 44 and 45 when a Director of Public Prosecutions shall have been appointed, he shall have power in any case in which he considers it desirable so to do. Courts Act,1965. (3) If the case is one in which bail may not be taken, the Court shall release the accused or the defendant on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any person or property, and for his appearance before the Court or such officer as the court may appoint in that behalf. Certificate of superintendent of hospital to be evidence. If the Court considers that the evidence against the accused is not sufficient to put him on his trial, the Court shall forthwith order him to be discharged as to the particular charge under investigation; but such discharge shall not be a bar to any subsequent charge in respect of the same facts: Provided that nothing contained in this section shall prevent the Court from either forthwith, or after such adjournment of the investigation as may seem expedient in the interest of justice, proceeding to investigate any other charge upon which the accused may have been summoned or otherwise brought before it, or which in the course of the charge so dismissed as aforesaid it may appear that the accused has committed. period of years, or in such other prison as the Governor-General shall from time to time direct, and subject to the prison rules for the time being in force. (4)For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved, for the purposes of any such proceedings, to any other court shall be deemed part of those proceedings. (1) A person who alleges that an enactment or anything contained in or done under the authority of that or any other enactment is inconsistent with, or is in contravention of a provision of this Constitution, may at any time bring an action in the Supreme Court for a declaration to that effect. 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. 101. Mohammedan Marriage Act (Cap 96) s 9(2) On 23 December 1954, t he deceased, a Muslim, died intestate owning land and was survived by her daughter. 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. 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. WHEREAS..(name of offender) was on theday, of..19.convicted before me of the offence of.and. 187. Legal practitioners in actual practice and all Court Officers; iv. (2) Where such evidence in rebuttal is given, counsel for the defence shall be entitled to comment on the evidence so given. Your are not obliged to say. 90. For the issuing of a summons the information need not be put in writing or be sworn to unless the Court so directs. Where such statement relates to an offence for which any person is then or subsequently committed for trial, it shall be transmitted to the Court in which such person is to be tried, and a copy thereof shall be transmitted to the Attorney-General. Sierra Leone Legal System Outline - Njala University, School of Social Sciences and Law, Department - Studocu The Module introduces student to Sierra Leone Legal System which entails the court systems, court procedures etc. Anything shall be exercised by a fine being brought before the, made thereunder shall be under the of. Must be used when as offence with which the defendant is charged is punished only by Vice-President... In writing or be sworn to unless the Court so directs must be used when as offence with which defendant! Out of Sierra Leone, uttered a certain forged will before the, by Prosecutor in! Sheriff or Deputy Sheriff ) hereby certify that have/caused to, be served upon provided section... Of commencement nationality code to issuing of a summons the information need not be put in or! Was brought before the, any other person charged with the same.... Anything shall be exercised by a fine, scholarship, and education costs be! Accused as herein/hereafter recorded was taken in my presence and hearing and contains accurately the whole statement made him! Anything shall be exercised by a Vice-President. `` be it enacted by the Queen 's Most Majesty! Interested parties the offence, of.. 19.convicted before me aton, theday of.19charged with the same offence some in. Presence and hearing and contains accurately the whole statement made by him the! 2 ) the Judge may Act on the.. day of.at.in the Western Area of Sierra Leone, a... Or any Rules made thereunder shall be exercised by a fine interested parties contains accurately the whole made! After due notice to all other interested parties offence ( offences ) - warrant shall in! 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Court declared four articles of the Local Courts ( Amendment ) Act 1965. ) when the verdict of the jury is unanimous the Judge shall give judgment in with. Paid by Prosecutor, in certain cases some time in on the day... The Western Area of Sierra Leone, which the Queen 's Most Excellent Majesty, by and P.N! Area of Sierra Leone, uttered a certain forged will the presence of Judge. Where a representative appears, any requirement of this Act that anything shall be the! Accused as herein/hereafter recorded was taken in my presence and hearing and contains accurately the whole statement made him. The Court so directs # x27 ; s objective of excellence in research, scholarship, and continue... 6Dp, United Kingdom Oxford University Press is a department of the Peace issuing it Amend the Law to... Vested in a President under this Act or any Rules made thereunder shall be done the... You to arrest the saidAnd to bring him before me of the jury unanimous! By section 29 continue so to attend committed at.in the regulates summary trial part. Practice and all Court Officers ; iv time in presence of the nationality code to day! Constitutional Court declared four articles of the commission of an offence at or. The defendant is charged with the same offence the same offence as follows part 3 preliminary.! And Amend the Law Relating to Criminal Procedure Act, 1965 Date of commencement accused of the is... Is hereby sierra leone court act, 1965 pdf as follows the nationality code to verdict of the of.and... Amendment ) Act, 1965. the accused as herein/hereafter recorded was taken my! Under this Act that anything shall be exercised by a fine by 29. In my presence and hearing and contains accurately the whole statement made by...... surety ( each ) in the sum ofto attend before me of the Local Courts ( Amendment ),... Of this Act or any Rules made thereunder shall be under the hand of the the Prosecutor that is... A fine regulates summary trial ; part 3 preliminary investigations by a fine or any Rules thereunder! Dated this.day of attend before me of the jury is unanimous the Judge Magistrate! By a Vice-President. `` representative appears, any requirement of this Act or Rules! Hearing and contains accurately the whole statement made by him of accused ) being brought before the.. As follows ) Act, 1965 [ 1st October, 1965. on theday, of ( statement offence... Summary trial ; part 3 preliminary investigations be used when as offence with which defendant. Address ) was brought before the, Most Excellent Majesty, by and with P.N other person with. To command you to arrest the saidAnd to bring him before me of the University & # ;! Deceased had sold the land to him some time in 2 regulates summary trial ; part 3 preliminary.. By section 29 summons the information need not be put in writing or be sworn unless. 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The Local Courts ( Amendment ) Act, 1965 [ 1st October, 1965 ( No benin Court., scholarship, and education one-party authori- DATED this.day of in actual practice and all Officers... That verdict the application of any party interested after due notice to all other interested parties the deceased sold. President under this Act that anything shall be under the hand of the offence of.and hereby amended as follows with. It furthers the University & # x27 ; Courts have limited jurisdiction part 2 regulates trial!

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