a.persons accused of the same offence committed in the course of the same transaction; b.persons accused of an offence and persons accused of aiding and abetting or being an accessory to or of attempting to commit such offence; c.persons accused of different offences where all such offences are founded on the same facts or form or are part of a series of offences of the same or a similar character; d.persons accused of different offences committed in the course of the same transactions. 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. SLE42113.E - Sierra Leone: Treatment of Revolutionary United Front (RUF) prisoners upon the signing of the Lome Accord and the subsequent ceasefire agreement; details of the amnesty granted to members of the RUF - Nov. 2003 (2) Where such evidence in rebuttal is given, counsel for the defence shall be entitled to comment on the evidence so given. Sierra Leone Gazette Supplement, Public Notices, 1982-02-19, No. Private person may arrest without warrant. the Attorney-General shall not make the person a prosecutor; "Registrar" means any person appointed to perform the duties of a Registrar in any Court; "young person" means a person who is fourteen years of age or upwards and under the age of seventeen years. 149. If the defendant does not attend upon the return, the court may forthwith issue a warrant and commit him to prison for such term as the court may then fix. CERTIFICATE UNDER SECTION 124, CRIMINAL PROCEDURE ACT, 1965. (1) In making an arrest the constable or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action. When the Court orders money to be paid by a person convicted upon summary conviction for a fine or penalty, and. The proviso to section 16 of the principal Act is hereby amended, a)by the substitution for the word "fifty pounds" in line two thereof of the words "two hundred leones"; and. The Local Courts (Amendment) Act, 1965 [1st October, 1965.] c.When an act is an offence by reason of its relation to another act which is also an offence, or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offense may be enquired into or tried in the District in which either act was done. (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. (2) It shall not be necessary, in any count charging an offence constituted by an enactment, to negative any exception. (3)Any sentences of imprisonment passed under subsection (1) shall be deemed to commence from the date of arrest. Costs to be paid by prosecutor, in certain cases. 244. c.the Court may make such order as to admitting the accused to bail, and as to the enlargement of recognisances and otherwise as the Court thinks fit. Where a person is before the Magistrate charge with an offence which is triable exclusively by the Supreme Court or in the opinion of the Magistrate ought to be tried by such court, the Magistrate shall conduct a preliminary investigation into the charge alleged, in accordance with the procedure laid down in this Part. When a Magistrate's Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall send the same to the Magistrate's Court having jurisdiction in that place, and such Court shall cause the said summons to be served and shall send an affidavit of service to the issuing Court, which affidavit shall be evidence of service and the person effecting service shall not ordinarily be required to attend and give evidence as to service. WHEREAS.(name of prison) a prisoner now in your custody is required to appear before me to. Table 1. 176. Decision of Court and assessors to have same effects as finding of jury. (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. 0000012053 00000 n (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. Offences at sea or elsewhere out of Sierra Leone. B., on heday of..at.in the Western Area of Sierra Leone, being clerk or servant to. Being An Act to Consolidate and Amend the Law Relating to Criminal Procedure. when an offence is committed partly in one District and partly in another; or, iii. When in the case of a trial before a judge with assessors the accused has pleaded to the indictment or, in the case of trial by jury, the accused has been given in charge of the jury, counsel for the prosecution shall open the case. Passed in the House of Representatives this 5th day of October, in the year of Our Lord one thousand nine hundred and sixty-five. 247. (2)The accused shall be entitled to cross-examine the witnesses for the prosecution and shall be information of such right if not represented by a legal practitioner. 48. Copy of indictment and notice of trial to be delivered to Sheriff. GAZETTE NO. 50. 170. Subsection (4) of section 42 of the principal Act is hereby repealed. If any person acting under a warrant of arrest, or any constable having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of such place, shall on demand of the person so acting or such constable, allow him free entry thereto and afford all reasonable facilities for a search therein. f 1965. 23 OF 1ST MAY, 2014. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. Judge only may authorize search in Post and Telegraph Offices. (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)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. If a person is confined in a mental hospital under the provisions of section 71 and the medical superintendent of such hospital certifies that, in his opinion, the accused is capable of making his defence, such accused shall be taken before the court at such time as the court appoints, to be dealt with according to law, and the certificate of such medical superintendent shall be receivable in evidence. (3)The provisions of this section shall be in addition to and not in derogation of any other provisions of this Act. Challenge to the array, Peremptory challenges. 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. Written offers "without prejudicen save . CERTIFICATE AND WARRANT UNDER SECTION 129, CRIMINAL PROCEDURE ACT, 1965. 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. (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. 220. (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. A person who has been tried by a national court for the acts referred to in articles 2 to 4 of the . (2) for the purposes of this section the expression "Court" means any Court in Sierra Leone and includes the Supreme Court, a Magistrate's Court and any Local Court. (1) Every Court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Sierra Leone, or which according to law may be dealt with as if it had been committed within Sierra Leone, and any person within such limits against whom a complaints is made on which the Court has power to make any order for the payment of money or otherwise, and to deal with all such persons according to its jurisdiction. 10. The Court shall, at the time of committing him for trial, inform the accused of his right under this section. THE MAGISTRATES' COURTS ACT An Act to provide for the jurisdiction, powers and functions of magistrates' courts and for other related matters. 237. (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. 20. 10 Local Courts Act 2011 Short title. 0000035343 00000 n If, on any trial for misdemeanour, the facts given in evidence amount to felony, the defendant shall not be therefore acquitted of such misdemeanour; and no person tried for such misdemeanour shall be liable afterwards to be prosecuted for felony on the same facts. 144. 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. . (3)Should the true name and place of residence of that person be not ascertained within twenty-four hours from the time of arrest, or should he fail to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be brought before the nearest Court having jurisdiction. The Sheriff shall keep such lists amongst the records of his office and shall also, at every sitting of the Supreme Court, have there a fair copy of such lists for the then current year for the inspection of any person whose name is borne on the said lists, or by any public officer, or by any legal practitioner in actual practice. [23rd March, 2006] Enacted by the President and Members of Parliament in this present Parliament assembled. (3) Any document or articles produced in evidence before the Magistrate's Court by any witness whose attendance at the trial is stated to be unnecessary in accordance with provisions of this section and marked as exhibits shall unless in any particular case the Magistrate's Court otherwise orders, be retained by the Magistrate's Court and forwarded with the depositions to the Registrar of the Supreme Court. 69. 161. (1) The superintendent of a mental hospital, prison or other place in which any person (hereinafter referred to as a criminal lunatic) is detained by virtue of an order made under section 71 or section 73, shall make a report to the Minister which shall be accompanied by a report by a medical practitioner at such times (not being less than once a year) and containing such particulars as the Minister may require, of the conditions and circumstances of every criminal lunatic in such mental hospital prison or place; and the Minister shall, at least once in every three years during which a criminal lunatic is detained in any mental hospital, prison or other place, consider the condition, history and circumstances of such criminal lunatic and determine whether he ought to be discharged absolutely or conditionally or otherwise dealt with. Statement of Offence Perjury, contrary to section 1 (1) of the perjury Act, 1911. 9. (3)The deposition of each witness shall include answers given by the witness in reply to questions put to the witness in cross-examination. (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. is entered, and if he has been committed to prison shall be released or if on bail his recognisances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. Penalty for signing false certificate. (2) If service in the manner provided in subsection (1) cannot by the exercise of due diligence be effected, the serving constable or person shall affix the same to some conspicuous part of such last or usual place of residence of the person summoned and thereupon the summons shall be deemed to have been duly served. FAO organizational chart; Regional Office for Africa; Regional Office for Asia and the Pacific; Regional Office for Europe and Central Asia; Regional Office for Latin America and the Caribbean In Sierra Leone , the right to bail in criminal proceedings is guaranteed under Admission to Bail in the Criminal Procedure Act of 1965. 31. 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. Having heard you statement read do you wish to explain or add to it? 15. 236. 171. A. 237. 14. Fines, detention in police station in lieu of imprisonment. 193. Restitution of property stolen or its value. 84, pp. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. 2014 Sierra Leone Correctional Service Act o. N (4) In the absence of the Director-General, the Deputy . Any person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter. H i l l University of Washington. 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. 94. 160. proof of any statement, and that the same was taken in all respects according to law, and such attestation and signature shall be admitted without proof unless the Court shall see reason to doubt the genuineness thereof. We hereby jointly and severally declare ourselves sureties for the said (name of, accused) that he will attend the..Court on every day of the preliminary, 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. (2) Nothing in this section shall in any way effect or derogate from any other powers conferred on constables by this or any other Act. 0000016227 00000 n 68. If a trial is adjourned, the jurors shall be required to attend at the adjourned sitting and at every subsequent sitting until the conclusion of the trial. Certificate of superintendent of hospital to be evidence. (2) The Attorney-General may in writing revoke any order made by him under this section. DECLARATION OF EXECUTION OF JUDGMENT OF DEATH, We, the undersigned hereby declare that judgment of death was this day executed onin. 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(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. 36. (3)The District Officer shall during the first week of August in each year submit to the Magistrate in each Judicial District a list of persons known to be resident in the district and literate in English. The Residual Special Court was established pursuant to an agreement signed between the United Nations and the Government of Sierra Leone on 11 August 2010. 81. In force: Yes. 114. B. and C.D. 10 2011 Sierra Leone The Local Courts Act, 2011. Holders of such other offices in the public service that the Governor-General, may from time to time require to be exempted. Provision for continuance of criminal trial where a juror dies or becomes incapable. 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. Return of property found on person arrested, and release of property returned in Courts. 188. (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) 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. Section 7 of the Courts Act, 1965 is amended by the repeal and replacement of subsection (1) thereof by the following:- 7. Being clerk or servant to the time of committing him for trial, inform the accused of right... Of property found on person arrested, and October, in certain cases shall not be,. 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