(2) Except with the leave of the Court, no person other than a juror shall speak to or hold any communication with any member of the jury while the jury are considering their verdict. Subsection (4) of section 42 of the principal Act is hereby repealed. (Particulars to specify pages and lines complained of where necessary as in book). If any person knowingly and wilfully signs any false certificate or declaration required by sections 224 and 225 he shall be guilty of a misdemeanour and on conviction hereof shall be liable to imprisonment for any period not exceeding two years. (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. B. was then authorized by the said J.S. 65. No commitment for non-payment shall be for a longer period than six months, except where the law under which the conviction has taken place enjoins or allows a longer period. b.sentenced by a Court to a term of imprisonment, the Registrar or other proper officer of the Court shall soon as may be practicable, inform, i.in the case of a member of the House, the Speaker, and. Conviction of assault with intent to rob on charge of robbery. A. (1) If on the trial of any person charged with any offence it shall appear upon the evidence that the defendant or accused did not complete the offence charged, but was guilty of attempting to commit the same, or to cause such offence to be committed, such defendant or accused shall not be acquitted, but a verdict may be returned of not guilty of the offence charged, but guilty of an attempt to commit the same, and thereupon the defendant or accused shall be punished as if convicted on an information or indictment for attempting to commit such offence; and no person so tried as herein last mentioned shall be afterwards prosecuted for an attempt to commit the offence for which he was so tried. (1) When the accused appears to be of sound mind at the time of the preliminary investigation, the Court, notwithstanding that it is alleged that at the time when the act was committed in respect of which the accused person is charged he was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that it was wrong or contrary to law, shall proceed with the case, and if the accused ought to be committed for trial, the Court shall so commit him. (3) For the purposes of this section the expression "sessions" does not include any sessions designated by the Chief Justice as a special sessions. The Mayor of Freetown, Paramount Chiefs and Chairman of Town Councils and of other local authorities; viii. If the person issued with a summons does not appear at the time and place appointed in and by the summons and his personal attendance has not been dispensed with under section 21 the Court may issue a warrant to arrest him and cause him to be brought before such court. 0000007825 00000 n (2) The signature and attestation of the Judge or Magistrate by whom such statement was taken shall be sufficient prima facie 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. 86. 197. 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. 82. b. postponed further proceedings in the matter: Now we hereby jointly and severally declare ourselves sureties that the said.shall be. 18. 0000006358 00000 n 179. 244. Passed in the House of Representatives this 5th day of October, in the year of Our Lord one thousand nine hundred and sixty-five. (1) Any person charged with any offence not punishable by death may at the time of being committed or referred for trial or at any time thereafter up to two clear days at least before the trial of such person whether he had previously elected otherwise or not, elect to be tried by a Judge with the aid of assessors and if any person shall so elect he shall be tried by a Judge with the aid of assessors instead of being tried by a Judge and jury. 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. 199. 90. 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. Authority for carrying out sentences not capital. 237. 40. ., with..surety (each) in the sum ofto attend before me at. m on the.day of.19.., and to continue so to attend. 46. b)by the substitution for the words "six months" in lines two and three thereof of the words "one yeaf'. exceeding twelve months and the Court by whom such person is convicted shall 9781315162461_webpdf_115322 - Free ebook download as PDF File (.pdf), Text File (.txt) or read book online for free. 59. (4)Where the jurors are not unanimous in their findings the Judge shall, after the lapse of such time as he thinks reasonable, discharge the jury. when an offence is committed partly in one District and partly in another; or, iii. 9. a.to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Sierra Leone; b.to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and. 166. (2)The Court may set aside any conviction made in the absence of the defendant upon being satisfied that his absence was due to causes over which he had no control, and that he has a probable defence upon the merits. (3)Variance between the information and the evidence adduced in support of it with respect to the time at which the alleged offence was committed is not material, if it is proved that the information was in fact made within the time, if any, limited by law for the making thereof. WHEREAS..of.has bound himself by recognisance to. the(describe prison or place) in our presence. A certificate under the hand of the Registrar or other officer of the court, that such sentence has been passed and naming the person condemned, shall be sufficient . Power to search for strangers in Diamond Protection Areas. Sierra Leone provides an interesting case study on the assessment of crime1 and the criminal justice system. a.by substituting in the second line thereof for the words "measuring, photographing and taking of fingerprint impressions or other" the words "and making of"; b.by deleting in lines 9 and 10 thereof the words "measurements, photographs, fingerprint impressions or other.". (2) In every such case any sum of money due may be levied on the goods and chattels of the person ordered to pay the same by distress and sale under warrant; and in all cases in which a warrant of distress is issued by the Court under this section the Court may either suffer such person, to go at large or verbally, or by warrant in that behalf, order him to be kept in custody until return shall be made to the warrant of distress. 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. 225. 1-56 PDF of Rules. 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. (1) Qualifications of jurors. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This Act applied to the then Colony of Sierra Leone, amongst others, certain sections of the Conveyancing and Law of Property Act 1881. 115. 162. In the event of any person liable and suitable to serve as a juror being found at any district after the lists are settled for the year, it shall be lawful for the Magistrate to place the name of such person on the list, either as a special or common juror, as the case may be, and such person shall be liable to serve as such juror till fresh lists are brought into force, and whenever any juror on the list may have become disqualified, his name shall be expunged. 45. (3) Order for enlargement of bail, cancellation of bail, transfer to a bond, etc. Arrest how made. Similar Judgments. The cancellation of a warrant may be effected by the Court issuing it, or by a Court to which such issuing Court is subordinate. Commencement. 87. 193. 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. (2) If the accused or the defendant, as the case may be, is not before the Court when such, is entered, the Court shall forthwith cause notice in writing of the entry of such. 208. 68. The Globalization of World Politics. Trials in the Magistrates' Courts shall be conducted summarily in the manner and subject to the conditions laid, 93. The Native Administrative court, also known as local court of Sierra Leone, derives its authority from the Local Courts Act, 1963; the Courts Act, 1965 and Section 170 of the 1991 Constitution of Sierra Leone which deals with the laws of Sierra Leone. (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. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. (1) The constable or an officer of the Court to whom a summons is delivered for service shall serve the same upon the person to whom it is directed by delivering it to him personally or by leaving it with some other person for him at his last or usual place of residence. If entry to such a place cannot be effected under section 5 it shall be lawful in any such case as is therein mentioned for such person acting under a warrant of arrest or such person acting under a warrant of arrest or such constable having authority to arrest to enter such place and search therein and, in order to effect entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance. (8)When the accused is required to procure a surety or sureties, the recognisances of the sureties may be taken separately and either before or after the recognisance of the accused. Prisoner to be released on bail or acquitted and discharged if not tried within a certain time. Private person may arrest without warrant. 81. 110. Teachers in public and private schools; xi. 20. A draft arbitration act has been proposed by the Law Reform Commission but it is several stages away from being passed by Parliament. (2) Where the prosecution does not put in the statement the Judge, on the application of the defence, may order the statement to be read at the conclusion of the prosecution evidence as part of the prosecution case. 239. Error or omission not to affect legality or execution of order or warrant. WHEREAS your attendance is necessary to answer to a charge of.. of Offence): you are hereby required to appear in person before the.Court, at.atm, on the.day, In..Court, Toof..(name of accused) (address), WHEREAS your attendance (subject to what is stated below) Is necessary to answer to a charge of.(statement of offence), Unless you choose to inform the Court in writing before the date fixed for hearing that you plead guilty to the charge you are hereby required to appear in person or by legal practitioner before the. Copies of lists to be sent to Sheriff. The Sheriff shall cause to be delivered to the Registrar of the Court a panel containing the names, occupations and places of residence of the persons so summoned, a copy of which shall be affixed by the Registrar in the Court Hall. 235. 81. SierraLII publishes the law of Sierra Leone for free online access. At the conclusion of the evidence for the defence the accused shall be permitted to sum up his case to the Court and counsel for the prosecution shall be entitled to reply. do you wish to say anything in answer to the charge (or charges)? Having heard you statement read do you wish to explain or add to it? 136. 140. 3. In the..Court.at. DATED this.day of.19.. "(I authorise the execution of this warrant at any time. (2) If it is made to appear to any Court, by information on oath, that any person bound by recognizance is about to go out of Sierra Leone, the Court may cause him to be arrested and may commit him to prison until the trial, unless the Court shall see fit to admit him to bail upon further recognizance. (1) The provisions of section 145 shall not deprive a person of his rights under section 144 to change his election and a person who has elected to be tried by a Judge alone may afterwards elect to be tried by the Court with aid of assessors if he changes his election before the time allowed by that section has expired, otherwise his change of election shall have no effect; and in the case of persons who are charged jointly, if they have all elected in accordance with section 145 to be tried by a Judge alone, they shall be so tried unless they all change their election in accordance with this section. Penalty on jurors not attending or refusing to serve. that an accused person committed to the Supreme Court or trial; iii. a.that some question of law is likely to arise, which it is desirable should be decided by the Supreme Court; b.that an order under this section will tend to the general convenience of the parties or witnesses; or. 183. 13. 35. Any person summoned to attend the Court as a juror who shall not without reasonable excuse (burden of proof whereof shall rest on such juror) duly attend and be present at the Court and at all times appointed by the Court for adjournments, and any person present in Court, who being called to serve as a juror, shall without reasonable excuse refuse to serve till discharged by the Court, shall be guilty of contempt of Court, and be liable to a fine not exceeding fifty Leones. AND whereas the said..when so called upon did refuse to Enter into such recognisance: Now these are to command you to receive into your custody the said..and safely to deep him until after the. (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. 245. (1) When any person is convicted of an offence and the facts constituting the offence amount also to a tort against the person or property of the prosecutor, the Court before which such person is convicted may, on the application of the prosecutor and after taking any such further evidence as it deems necessary, order the person convicted to pay the prosecutor such sum as appears to the Court to be reasonable compensation (not exceeding in the case of a summary conviction one thousand Leones) in addition to or in lieu of any other punishment. a certain will purporting to be the will of C.D. 69. xYlCaj0_ZqsC( OU*IyM/^OT@:qxKsbIS :EApc4N( 4, pp. Number of Act: 3. Magistrates' Courts have limited jurisdiction. The Adoption Act of Sierra Leone - Volume 36 Issue 1. persons, and to produce him before the said Court then and there to be tried. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. (3)A licence may at any time be revoked or varied by the Governor-General and where a licence has been revoked, the persons to whom the licence related shall return to such place as the Governor-General may direct, and if he fails to do so, may be apprehended without warrant and taken to that place. 0000014763 00000 n ORDER 9 PETITIONS-GENERAL PROVISIONS 1. Search warrants may be executed outside jurisdiction of Court issuing them in certain cases. 101. (1) Whenever a Member of the House of Representatives or a public officer is, a.arrested or detained in custody upon the warrant or order of a Court; or. 7. (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. newspaper, falsely representing that A. 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. 226. 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.