Abstract/Citation: Entitled "The Employers and Employed Ordinance" prior to independence. Proof of service outside local limits of jurisdiction. Repealing the Act was a commendable thing by Parliament, as the Act had been seen as draconian by many because it had stood in f 1965. he has given evidence against any other person charged with the same offence. ARREST GENERALLY 4. And I give you clearly to understand that you have nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt. 124. (1) Where any person, other than a person liable to be arrested without a warrant, who has been accused of committing an offence refuses on demand of a constable to give his name and place of residence, or gives a name or place of residence which the constable has reason to believe to be false, he may be arrested by the constable in order that his name and place of residence may be ascertained. Benin Constitutional Court declared four articles of the nationality code to . Procedure where witnesses for defence not present. 60. The person accused of any offence may be convicted of attempt. (4)Any person who shall refuse to submit to the taking and recording of his photographs, measurements, thumbprints or fingerprints shall be taken before a Magistrate who, on being satisfied that such person has been prosecuted and charged before any court with an offence involving fraud, dishonesty or violence or is reasonably suspected of having made a thumbprint or fingerprint likely to become an exhibit in a criminal case, shall make such order as he thinks fit, authorising a constable to take the measurements, photographs, thumbprints and fingerprints of such person. Expenses of commitment .. If he refuses, the Court shall add a note of his refusal and the statement may be used as if he had signed or attested it. In theCourt at. 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; 122. 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. 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. If any person stands mute or refuses, or by reason of infirmity is unable to answer directly to the indictment the Court shall, unless it has reason to believe that such person is of unsound mind and consequently incapable of making his defence, order the Registrar to enter a plea of not guilty on behalf of such person, and the plea so entered shall have the same force and effect as if such person had actually pleaded the same; but if the Court has reason to believe as aforesaid, it shall proceed in the manner prescribed in section 71. (2) Where a prosecutor has actually received the compensation awarded under the provisions of subsection (1) or any part thereof the convicted person shall be released from all further or other proceedings by the prosecutor whether civil or criminal for the same cause. 97. Part 4 provides for indictment and trial in . 165. Accused person to be remitted in certain cases to another Court. The Governor-General may make rules to be observed on the execution of a judgment of death, for the purposes, of guarding against any abuse in such execution and giving greater solemnity to the same, and of making known without the prison walls that such execution is taking and has taken place. It shall not be necessary in any case to keep the jury together during any adjournment previous to the close of the Judge's summing up, but it shall be lawful for the Court, if it should appear to it to be advisable in the interest of justice on any trial to require the jury to be kept together during any adjournment. (1) Order for payment of money. (Particulars to specify pages and lines complained of where necessary as in book). 184. 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. 124. 0000007825 00000 n 3. To.(keeper of Prison or constable) at. 168. making known your authority and demanding admission. (Public Seal) Governor. 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. He was called upon to sign it or to append his mark which he did/refused to do. THIS IS TO CERTIFY that at a session of the Supreme Court held before Mr. Justice aton the..day of..19.. ..(name of prisoner) was duly convicted of murder and sentenced to suffer death. In the..Court at. To..(keeper of Prison or constable). 24. Transfer and discharge of criminal lunatics. 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. (3)Where a thumbprint or a fingerprint is likely to become an exhibit in a criminal case any constable may take for comparison the thumbprints and fingerprints of any person who is reasonably suspected of having made that thumbprint or fingerprint. 179. 2014 Sierra Leone Correctional Service Act o. N (4) In the absence of the Director-General, the Deputy . 60. (statement of offence). (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. B., on heday of..at.in the Western Area of Sierra Leone, being clerk or servant to. 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. A. If the officer having the execution of the warrant reports that he could find no goods and chattels whereon to levy the money mentioned in the warrant with expenses, the Court may be the same or a subsequent warrant commit the person ordered to pay, to prison for a period specified in the warrant, unless the money and all expenses of the distress, commitment, and conveyance to prison, to be specified in the warrant, are sooner paid. (6)where an information or indictment contains more than one count, the counts shall be numbered consecutively. A. 148. 0000010728 00000 n Pursuant to the Employers and Employed Act, Chapter 212, modifies damages court may award in the case of an employment contract breach. 76. 242. (1) Subject to the provisions of rules made under section 50, charges for more than one felony or for more than one misdemeanour, and charges for both felonies and misdemeanours may, if those charges are founded on the same facts or form or are a part of a series of offences of the same or a similar character, be joined in the same complaint, information or indictment and tried at the same time, but where under the provisions of this section a felony is tried together with a misdemeanour in the Supreme Court, then if the trial is with a jury, the jury shall be sworn and the person accused shall have the same right of challenging jurors as if all the offences charged in the indictment were felonies. B., on the.day of..at..in the Western Area of Sierra Leone , with intent to defraud, obtained. (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. 2. In cases where the right of reply depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply. 131. (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. (5)Upon receiving such report in evidence the Court shall, if it thinks such a course proper for the ends of justice, summon and examine such medical practitioner, dentist, analyst, chemical examiner, geologist, assayer, or mineralogist, or person gazetted as an examining officer in accordance with the provisions of subsection (3), as a witness or cause his evidence to be taken on commission as the case shall require. (1) Subject to subsection (2), proceedings for the trial of any person, who is not a citizen of Sierra Leone for an offence committed within the territorial sea of Sierra Leone, shall not be instituted in any court except with the consent of the Attorney- General and upon his certificate that it is expedient that such proceedings should be instituted. The omission to comply with any provision of this Part shall not make the execution of judgment of death illegal in any case where such execution would otherwise have been legal. 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---. iv. Section 4 of the Local Courts Act is hereby amended as follows. 56. said trial, unless he sooner enters into such recognisance or unless by an order of this Court or of the Supreme Court are commanded sooner to release him. To.. (name and designation of person or persons who is or are to, investigation into the offence charged against him, and should the case be sent for trial by the Supreme Court, that he will be and appear before the said Court when called upon to answer the charge against him and will continue so to, answer otherwise ordered by the said Court and in case of his making default herein I bind myself/we bind ourselves, Passed in the House of Representatives this 5. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. (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. 57. 0000005732 00000 n Cross-examination of witnesses for the prosecution. CONTROL OF ATTORNEY-GENERAL OVER CRIMINAL PROCEEDINGS. 225. This Act applied to the then Colony of Sierra Leone, amongst others, certain sections of the Conveyancing and Law of Property Act 1881. 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 . Justice of the Peace to assist Magistrate. 180. 192. 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. 160. If the Attorney-General is of the opinion that there is in any case committed for trial any material or necessary witness other than those mentioned in the depositions, the prosecutor may call the witness before the trial Court upon giving to the Registrar of the Court and to the accused notice of his intention to do so together with a summary of the evidence to be given by the witness. Discharge of persons detained under section 215. .fine or any part thereof: Now these are to command you to receive the saidInto your custody together with this, warrant, and him safely to keep in the said prison for the said period of.unless the said. THE MAGISTRATES' COURTS ACT An Act to provide for the jurisdiction, powers and functions of magistrates' courts and for other related matters. Commencement. The Laws of Sierra Leone on the Sierra Leone Web The Local Courts (Amendment) Act, 1965 A SSENTED to in Her Majesty's name this 1st day of October, 1965. . 0000001624 00000 n 133. 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. (1) Where upon the arrest of a person charged with an offence any property is taken from him, the Court before which he is charged may order that the property or a part thereof be restored to the person who appears to the Court to be entitled thereto. (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. 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. (3)Any sentences of imprisonment passed under subsection (1) shall be deemed to commence from the date of arrest. 125. Figures and abbreviations may be used in an information or indictment for expressing anything which is commonly expressed thereby. WHEREAS.(name of offender), was on theday, of..sentenced to pay a fine of..or in default to suffer imprisonment for the period. Where a person is convicted of any felony or misdemeanour or any offence punishable by imprisonment (other than an offence for which the sentence is fixed by law) the Court may, in its discretion, sentence him to a fine in addition to or in lieu of any other punishment to which he is liable. Date of commencement: 09 April 1976. (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. Magistrate's Courts have limited jurisdiction. The Constitution of Sierra Leone (Amendment) Act, 1981 : being an act to amend the constitution of Sierra Leone, so as to harmonize it with the constitution of the All People's Congress, and for connected purposes : [19th November, 1981]. THE GLOBALIZATION OF WORLD POLITICS AN INTRODUCTION TO INTERNATIONAL RELATIONS. (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. Interpretation. 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 . So soon as conveniently may be after the sentence of death has been pronounced, the presiding Judge shall forward to the Governor0General through the Prime Minister a copy of the finding and sentence, and of his notes of evidence taken at the trial, with a report in writing signed by him containing any recommendations or observations on the case which he thinks fit to make. As a country in transition from one-party authori- (2) If the accused or the defendant, as the case may be, is not before the Court when such nolle prosequi is entered, the Court shall forthwith cause notice in writing of the entry of such nolle prosequi 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. When a person is charged with murder he may, if the evidence so warrants, be acquitted of murder and convicted of manslaughter although he was not charged with that offence. Any person charged with a criminal offence at any session of the Supreme Court shall, a.if such criminal offence is punishable by death be tried by the court with a jury consisting of twelve men; or, b. 101. Person to be paid 11. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. But if afterwards, from want of sufficient evidence or other cause, the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharged. Freetown, Sierra Leone THE INITIATIVES AND PRACTICES OF SIERRA LEONE'S PREVENTIVE ANTI-CORRUPTION BODIES AS PER ARTICLE 6 OF THE UNCAC 1. B. had the been sent by the said J. S. to S. P. for the said cloth, and that he, the said A. 46. 64. THE COMPANIES ACT, 2009 (ACT NO. 70. QUALIFICATIONS OF JURORS AND PREPARATION OF JURORS' LIST. CUSTOMARY JUSTICE As in many post-colonial countries, Sierra Leone has a dual legal system and this dualism is recognised in the 1965 Courts Act. 213. e.A person charged and being a witness in pursuance of this Act may be asked any question in cross-examination, notwithstanding that it would tend to criminate him as to the offence charged. In force: Yes. SCOPE The death penalty can be imposed for the following civil and military crimes: Treason and related offences under the Treason and State Offences Act 1963; Murder under the English common law and section 121 of the CPA No 32 of (4)Such book shall belaid before the Magistrate present at the time when and place where the recognisor is required to appear, and such Magistrate may enlarge the recognisance to such further time as he may appoint. (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. 128. a)by the insertion immediately after the word "Court" in line one of subsection (5) of the words "in a civil case or matter"; b)by the substitution for the words "if the convicted person (or in a civil case, either of the parties)" in lines one and two of subsection (6) of the words "if in a civil case, either of the parties". Sealing orders, warrants, etc., not generally necessary. M 4/T. 89. For the issuing of a summons the information need not be put in writing or be sworn to unless the Court so directs. 249. 224. 59. (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. (when it consists of several acts done in different Districts. (4)A person may be admitted to bail at any time, and thereupon shall be discharged from custody or prison if he is not detained for any other cause. B.and C..D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra. S. 155(1), 1991 Constitution of Sierra Leone. 135. Procedure to be followed where accused is undefended. At(place) at. Error or omission not to affect legality or execution of order or warrant. (4) Where, before trial upon indictment or at any stage of such trial, the Court is of opinion that the postponement of the trial of the accused is expedient as a consequence of the exercise of any power of the Court under this Act, the Court shall make such order as to the postponement of the trials as appears necessary. Pilots of ships in actual practice and licensed as such; xiv. 205. 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. Enforcement of warrants outside jurisdiction. 5. A. (2) A representative for the purposes of this Part need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this Part shall be admissible, without further proof, as prima facie evidence that the person has been so appointed. If too long for this space continue overleaf). (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. 6. The said Section states, amongst others, that the laws of Sierra Leone shall comprise "rules . law of real and personal property. (1) The Criminal Procedure Act, the Jurors and Assessors Act, subsection (3) of section 3 of the Treason and State Offences Act, 1963, section 27 of the Police Act, 1964 and section 23 of the House of Representatives Powers and Privileges Act are hereby repealed. 170. Part 2 regulates summary trial; Part 3 preliminary investigations. 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. B. and C. D., in H.S. COURT OF APPEAL RULES 5 Rel. 0000001151 00000 n (1) Where the accused person is not defended by counsel and state that he does not intend to call any witness as to the facts except himself, the Court shall forthwith call upon the accused to make his statement or say nothing or give evidence on oath as to the facts, and after his cross-examination (if any) he shall be permitted to address the Court if he so desires and to call any witnesses as to character. To sign it or to append his mark which he did/refused to do site... Laws of Sierra Leone Correctional Service Act o. N ( 4 ) the. 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