sierra leone court act, 1965 pdf

The Governor-General may at any time exempt and exclude by public notice any Judicial Districts from returning jurors. Conviction of assault with intent to rob on charge of robbery. (name) of(address). (3)If the defence does not employ counsel, the Court shall, at the close of the examination of each witness for the prosecution, ask the accused or the defendant whether he wishes to put any questions to that witness. 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. 2198-2227 PDF of Act. Legal practitioners in actual practice and all Court Officers; iv. (1) In a trial on indictment for murder or manslaughter, the declaration of a deceased person, whether it be made in the presence of the accused person or not, may be given in evidence if the deceased person at the time of making such declaration believed himself in danger of imminent death and entertained at the time of making it no hopes of recovery. 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. 10. 199. (1) Any Judge, Magistrate or Justice of the Peace who is satisfied by information on oath that there is reasonable ground for believing that there is in any building, vessel, vehicle, receptacle or place -. 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. Bin Rafaah v Precious Minerals Marketing Company (Sierra Leone) Limited (CIV APP 1 of 1999) [1998] SLCA 2 (23 October . 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. This is an unofficial consolidation. 229. Magistrates' Courts have limited jurisdiction. 241. 60. B. was then authorized by the said J.S. All such amendment shall be made upon such term as the Court shall seem just. DATED this.day of. 56. 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. public Court for that purpose, and the Court may, if it thinks that the ends of justice will be served by so doing, order that no person shall have access to, or be or remain in the room or place without the express permission of the Court. 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. (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. Certificate of superintendent of hospital to be evidence. (1) When in the course of a trial of preliminary investigation (but not an inquest) the Court has reason to believe that the accused or the defendant is of unsound mind and consequently unable to make his defence, it shall order the accused to be confined in a mental hospital for a period of thirty days for observation. Or by imprisonment not exceeding three months (whether with or without a fine), it may also be used on the direction of a Magistrate in respect if any offence other than a felony. 123. 245. (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. 0000035343 00000 n (2) The following persons shall be charged and tried together, namely. WHEREAS.(name of offender), was on theday, of..sentenced to pay a fine of..or in default to suffer imprisonment for the period. 2. A. (Particulars to specify pages and lines complained of where necessary as in a book). accused or the defendant, or shall be read or said to the accused or the defendant, shall be construed as a requirement that this things shall be done in the presence of the representative or reach or said to the representative. Figures and abbreviations may be used in an information or indictment for expressing anything which is commonly expressed thereby. Being an Act to amend the Courts Act, 1965. 159. 5. Certain scientific reports to be evidence. If prisoner refuses or is unable to plead, how dealt with. 221. On the 1st day of December in every year each Magistrate, together with such Justices of the Peace in his Judicial District as may be able to attend, shall hold a public sitting in the Court House of his district, for considering and disposing of all such notices as he shall have then received, and shall then revise and settle the lists by the addition to, or taking away therefrom, of names, and by correcting any error as to the names, occupations or places of residence, and the nature of the qualification of any persons included therein. (5)Until an appointment is made to the office of Director of Public Prosecutions the powers conferred upon the Director Public Prosecutions by this section shall be exercised by the Attorney-General. When a warrant of arrest is executed outside the local limits of the jurisdiction of the Court issuing the warrant, the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Court within whose jurisdiction the arrest was made, be taken before such last-mentioned Court which shall deal with him in the same way as if brought before it under section 37. 135. (2) In the case of persons who are charged jointly, if one or more (but not all) have elected in accordance with section 144 to be tried by the Court with the aid of assessors, he or they may withdraw that election and elect to be tried by a Judge alone provided this change of election is made before the time allowed by section 145 has expired, otherwise the change of election shall have no effect. Provided that (a) where any rule of law or any Act or statute limits the particulars of an offence which are required to be given in an information or indictment, nothing in this rule shall require any more particulars to be given than those so required. Every indictment, when signed, shall be filed in the Supreme Court. Additional witnesses for the defence. 116. 190. 247. *A.(if names are given record them). the offence may enquired into and tried in any one of such Districts. Whereas.(name of accused) of(address) has been committed for, trial by the..Court ofstands charged before the on a charge of. he, the said A. in order that. 70. (2) Where the proceedings are discontinued in accordance with the provisions of subsection (1) the court shall discharge the accused and thereafter he shall be subject to the provisions of the Lunacy Act or any Act amending or replacing the same (so far as the same may be applicable to his case) in the same circumstances and to the same extent as a mental patient against whom no proceedings have been brought. (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. By Major (Retired) Dr. Ishmail Pamsm-Conteh Sierra Leone's Parliament on 23 July 2020 amended The Public Order Act of 1965, (the Act No.46 of 1965). Person arrested to be handed over to constable. B., on the..day of.atin Western Area of Sierra Leone, maliciously set fire. CXXXVIII, No. The Magistrate in charge of each Judicial District shall, between the 1st day of August and the 1st day of November in every year, make lists of the persons resident in each town or place within his district who are, in his opinion, qualified and fit to serve as jurors, setting out the name, occupation and place or resident, and the nature of the qualification of each person and shall, within ten days after the 30th day of November in each year cause true copies of such lists to be posted in some conspicuous place on his Court House, on the police stations and churches and chapels in his district, for the inspection of the public, where they shall be permitted to remain for a period of three weeks, to the end that any persons may apply to him by notice in writing, to have their names either added to or struck off such lists upon cause duly assigned in such notice. Person to be paid 11. 233. JOHN BAYLIS STEVE SMITH PATRICIA OWENS. 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. your appearance accordingly that sum will be forfeit and levied on your goods and chattels, or your body taken in execution. (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. The Court shall inform every person condemned to death of the period within which, if he desires to appeal, his notice of appeal or of his application for leave to appeal must be given. b.the offender is not present on the occasion of the conviction. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S . DATED this.day of.19 (This warrant may been endorsed as follows), If the said.shall enter into a recognisance himself in the sum of. 84. (7) Subject to any other provisions of these rules, it shall be sufficient describe any place, thing, matter, act or omission whatsoever to which it is necessary to refer in any information or indictment on ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act omission referred to. 237. Power to take offensive weapons or property of evidentiary value from arrested persons. (1) All such warrants shall be valid and effectual throughout Sierra Leone, wherever the person against whom such warrant is issued, or any goods and chattels of such person may be found. in accordance with the provisions of Part III in relation to preliminary investigation, the Court may take in writing the statement on oath or affirmation of such person, and shall subscribe the same, and certify that it contains accurately the whole of the statement made by such person, and shall add a statement of the reason for taking the same, and of the date and place when and where the same was taken, and shall preserve such statement and file it for record. h.Nothing in this Act shall effect the provisions of section 18 of the Indictable offences Act, 1848, or other right of the person charged to make a statement without being sworn. Revisin tcnica: Gil Armando Snchez Soto Universidad Iberoamericana Gerardo Luvano Rodrguez Universidad Regiomontana Instituto Tecnolgico de Nuevo Len . C h a r l e s W. L . 4 201 No. (5)Where any person is charged jointly with a corporation with an offence triable on indictment and either that person or the corporation by its representative does not consent that the offence should be dealt with summarily in pursuance of section 6 of the Courts Act, 1965, the Court shall not have power to deal summarily with the offence in the case of the other offender. Immediately after the accuses shall so have had opportunity of making his answer to the charge, the Court shall ask him whether he desires to give evidence on his own behalf and whether he desires to call any witnesses, and the evidence of the accused together with the depositions of such witnesses as the accused shall call, and who shall appear on his behalf, shall then be taken in like manner as in the case of the witnesses for the prosecution. Trial by Judge alone on election of accused. 96. (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. WHEREAS..(name of offender) was on theday, of..19.convicted before me of the offence of.and. before the Supreme Court unless in the meantime you receive other directions as to his disposal. 214. (1) Where any person charged before a Magistrate's court with an offence triable upon indictment before the Supreme Court is committed for trial, and it appears to such Magistrate's Court after taking into account anything which may be said with reference thereto by the accused or the prosecutor, that the attendance at the trial of any witness who has been examined before it is unnecessary by reason of anything contained in any statement by the accused person, or of the evidence of the witness being merely of a formal nature, the Magistrate's Court shall, if the witness has not already been bound over, bind him over to attend the trial conditionally upon notice given to him and not otherwise, or shall, if the witness has already been bound over, direct that he shall be treated as having been bound over to attend only conditionally as aforesaid, and shall transmit to the Supreme Court a statement in writing of the names, addresses and occupations of the witnesses who are or who are to be treated as having been, bound over to attend the trial conditionally. 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. (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. Every sentence of death shall direct that the person condemned shall be hanged by the neck until he is dead, but shall not state the place of execution. 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. (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. 82. (4) When a person is charged with stealing and it is proved that he obtained the chattel, money or valuable security in question in any such manner as would amount under the provisions of the Larceny Act, 1916, to obtaining it by false pretences with intent to defraud, he may be convicted of obtaining it by false pretences although he was not charged with that offence. The said Section states, amongst others, that the laws of Sierra Leone shall comprise "rules . 192. 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. While Spanish is the first official language of Puerto Rico, English is the second official language. In theCOURT AT To.(Keeper of Prison or constable). 19 - Aug. 2012 COURT OF APPEAL RULES PART I TITLE AND INTERPRETATION Title 1 These rules may be cited as The Court of Appeal Rules. 67. 76. Passed in the House of Representatives this 5th day of October, in the year of Our Lord one thousand nine hundred and sixty-five. 0000003948 00000 n B. was a servant to J. S. and the he, said A. (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. 0000010728 00000 n Expenses of conveyance to prison .. 23. 68. 210. No. (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. 184. f 1965. 86. In case of refusal may be imprisoned. 193. (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. 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]. In theCourt at. To..(name and designation of person or persons who is or are to, Whereas..(name of accused) ofAddress stands charged with the, offence of(Statement of offence). (2) Every constable acting under this section shall before entering any premises by virtue of subsection (1) deliver or offer to deliver to the owner or occupier a statement in writing signed by him to the effect that he is entering the premises because he has reasonable grounds to believe that there is a stranger thereon. Appointment of other persons to perform duties of Magistrate. (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. (2) The Attorney-General may in writing revoke any order made by him under this section. 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. Date of commencement: 09 April 1976. (2) Where such evidence in rebuttal is given, counsel for the defence shall be entitled to comment on the evidence so given. Such punishment may be inflicted summarily on an order to that effect by the Court, and any fine imposed shall be recoverable by distress and sale of the moveable and immoveable property of the person fined, by warrant of distress to be signed by the Registrar of the Court, which warrant shall be issued by the Sheriff without further order of the Court, if the amount of fine is not paid within six days of its having come to his knowledge by notice or otherwise that the fine has been imposed, if imposed in his absence. (2) Whenever any such building, vessel, vehicle, receptacle or other place is closed, any person residing in or being in charge of the building, vessel, vehicle, receptacle or place shall on the demand of the constable or other person executing the search warrant, allow him free entry thereto and afford all reasonable facilities for a search therein. Decision of Court and assessors to have same effects as finding of jury. (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. that an accused person committed to the Supreme Court for trial instead of being tried at the place where he would but for the order have been tried, be tried by the Supreme Court at such other place as may be specified in the order. The warrant of such first named Court shall be sufficient authority to the keeper of any prison appointed for the custody of prisoners committed for trial, although out of the jurisdiction of such Court. 156. 110. 6. Where defendant pleads guilty in writing. 58. The Sheriff or Deputy Sheriff shall, as soon as may be after having received a copy of the indictment and notice of trial, and three days at least before the day specified therein for trial, or within such lesser time as the Court may for good cause order, by himself or other person authorized by him, deliver to the party charged the said copy and notice and explain to him the nature and exigency thereof, and when the said party is not in custody or shall have been admitted to bail and cannot readily be found, he shall leave a copy of the said indictment and notice of trial with some person of his household for him, at his dwelling house and if none such can be found, shall affix the said copy and notice to the outer or principal door of the dwelling house of the party charged: a.in any such case where an indictment is signed and filed without previous investigation and committal for trial, the accused shall be entitled to at least seven days notice as aforementioned; b.nothing herein contained shall prevent any person in custody or awaiting trial at the opening of or during any sessions, from being tried thereat, if he shall have been served with a copy of the indictment and notice of trial not less than three days or seven days, as the case may be, before the date on which he is to be tried; c.such last-mentioned period of three days or seven days may be reduced to a shorter period, if any such person shall express his assent thereto and no special objection be made on the part of the Crown. 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