(when it consists of several acts done in different Districts. proof of any deposition or 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. 144. WHEREAS.ofhas bound himself by recognisance. Conditions precedent to trial of foreigners for offences committed in territorial sea. (2) Every such warrant shall state shortly the offence with which the person against whom it is issued is charged and shall name or otherwise describe such person and it shall order the person or persons to whom it is directed to apprehend the person against whom it is issued and bring him before the Court issuing the warrant or before some other court having jurisdiction in the case to answer to the charge therein mentioned and to be further dealt with. Every person charged with an offence, and the wife or husband, as the case may be, of the person so charged, shall be a competent witness for the defence at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person: a. 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. 5 OF 2009) THE COMPANIES REGULATIONS, 2015 In exercise of the powers conferred upon the Commission by sections 494 and 530 of the Companies Act, 2009 the Commission hereby makes the following Regulations - PART I-PRELIMINARY 1. 4. 8e Negocios. 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. Arson, contrary to section 2 of the Malicious Damage Act, 1861. WHEREAS.(name) of.(address) was called Upon to enter into a recognisance to, prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of, to be preferred againstat the sittings of the, Court to be holden at.on.the. You are hereby commanded to arrest the said..and to produce him before me. 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. If a Sessions shall be held at any place for which a jurors' list may not have been prepared under this Act, the Sheriff may prepare a temporary jurors' list for the purposes of such sessions, and all the provisions of this Act shall, as far as applicable, apply in the case of the persons whose names are entered, whether as common jurors or as special jurors upon such temporary list. But whatever you say now may be given in evidence notwithstanding such promise or threat." the(describe prison or place) in our presence. Revisin tcnica: Gil Armando Snchez Soto Universidad Iberoamericana Gerardo Luvano Rodrguez Universidad Regiomontana Instituto Tecnolgico de Nuevo Len . At.In the West Area of Sierra Leone murder, Statement of Offence Accessory after the fact to murder. WHEREAS.(name of offender) was on the.day, of19..convicted before me of the offence of..and. command the said A. In the case of the inability of the Magistrate from any cause to perform the duties and to exercise the powers and authorities conferred by this Act, the Chief Justice may, from time to time, appoint in writing any other person to perform the said duties and to exercise the said powers and authorities. ii. Prisoner to be released on bail or acquitted and discharged if not tried within a certain time. A person convicted or acquitted of any act causing consequences, which together with such act constitute a different offence from that for which such person was convicted or acquitted, may be afterwards tried for such l mentioned offence, if the -consequences had not happened or were not known to the Court to have happened at time when he was acquitted or convicted. Penalty for signing false certificate. 21. (1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence. exceeding twelve months and the Court by whom such person is convicted shall the formal part) of the information or indictment and conviction or acquittal for such offence, purporting to be signed by the officer having the custody of the records of the Court where the offender was convicted or acquitted, or by his deputy, shall, upon proof of the identity of the person convicted or acquitted be sufficient evidence of the said conviction or acquittal without proof of the signature or official character of the person appearing to have signed the same. Payment out of small intestate estates 12. Abstract/Citation: Comprehensive legislation on criminal procedure. ORDER 9 PETITIONS-GENERAL PROVISIONS 1. 162. 97. 0000001151 00000 n In the..Court at. To.(he bailiff or other person concerned), Whereas in the matter of a charge of.preferred at the instance, of..(prosecutor) against..(accused) (defendant) it was. (3)Where such an endorsement is made, the officer in charge of any police station which on arrest the person named in the warrant is brought shall release him upon his entering into such recognisance with sureties approved by that officer in accordance with endorsement, conditioned for his appearance before the Court and at the time and place named in the recognisance. 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. General authority of Courts to bring accused persons before them. 114. In case of refusal may be imprisoned. 2. 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. Part A (Title I) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every . 109. (3)When a person is charged with any offence other than those referred to in subsections (1) and (2), the Court shall admit him to bail, unless it sees good reason to the contrary. 193. 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. DATED this.day of.19. (1) Where, before trial upon indictment or at any stage of such trial, it appears to the Court that the indictment is defective, the Court shall make such order for the amendment of the indictment as the Court thinks necessary to meet the circumstances of the case, unless having regard to the merits of the case, the required amendments cannot be made without injustice. Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. (1) Every information or indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge. 176. (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. DATED this.day of. (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. 12. 176. 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. Calling of husband and wife in certain cases. 12. How warrants addressed, and by whom executed. Date of commencement: 09 April 1976. 72. In accordance with the Courts Act, No 31 of 1965, Sierra Leone is constituted into Judicial Districts, and Section 4 of the Act states that there shall be constituted Magistrates' Courts in and for every judicial district. A. a.anything upon or in respect of which any offence has been or is suspected have been committed; b.anything which there is reasonable ground for believing will afford evidence as to the commission of any such offence, may at any time issue a warrant under his hand authorising any constable or other person named therein to enter any constable or other person named therein to enter any such building, vessel, vehicle, receptacle or place (which shall be named in the warrant) if necessary by force and to search the same and every person found therein and if anything searched for be found, to seize the same and arrest the occupier or owner of the said building, vessel, vehicle, receptacle or place if the Magistrate of Justice of the Peace thinks fit so to direct. 73. 185. (3) Any person may be proceeded against, tried and punished for an offence under this section in any part of Sierra Leone in which he is apprehended or is in custody as if the offence had been committed in that part of Sierra Leone and the offence shall for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that part of Sierra Leone. 184. A person who has been tried by a national court for the acts referred to in articles 2 to 4 of the . 136. ., with..surety (each) in the sum ofto attend before me at. m on the.day of.19.., and to continue so to attend. 62. in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. (1) Any Court issuing a warrant for the arrest of any person in respect of any offence other than murder or treason may, in its discretion, direct by endorsement on the warrant that, if such person enter into a recognisance with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed by the Court, the officer to whom the warrant is directed shall take such security and shall released such person from custody. 244. 23 dated 1st May, 2014 PRINTED AND PUBLISHED BY THE GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE. (Public Seal) Governor. f^MaZIZ%XvRKF=@/v+'@_Vi{4QEi}I1jvn/ wO.U Ra -'Z^p7>Cv O+n@uyLi#h-R, v| j lsb#s!rmKQEPo#i*R_u5.&mt7Nxc8;-[c@qX9p\HNIvp@u[m=z8-t1oO/iR [4FGm2, o{pwWM@{le,V$9&1GsHO;= If the accused or defendant admits the truth of the charge the Court may convict him thereof, or refuse to accept a plea of in guilty, as it thinks fit. 2 of 1984 13 of 1986 10 of 1989 4 of 1991 27 of 1991 3 of 1992 2 of 1996 13 of 1996 17 of 1996 in Province from S. p. five yards of cloth by falsely pretending that he, the said A. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. 11 of 2006. 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. according to law may be dealt with in Sierra Leone, the offence may, subject to the provisions of section 53, be enquired into and tried at any place in Sierra Leone to which the accused person is first brought or to which he may taken thereafter. Of 19.The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. trailer << /Size 388 /Info 345 0 R /Root 349 0 R /Prev 130970 /ID[<22dfe472882fbcd37cbdbd751884013e>] >> startxref 0 %%EOF 349 0 obj << /Type /Catalog /Pages 347 0 R /Metadata 346 0 R /OpenAction [ 351 0 R /XYZ null null null ] /PageMode /UseNone /PageLabels 344 0 R /StructTreeRoot 350 0 R /PieceInfo << /MarkedPDF << /LastModified (D:20050418151040)>> >> /LastModified (D:20050418151040) /MarkInfo << /Marked true /LetterspaceFlags 0 >> >> endobj 350 0 obj << /Type /StructTreeRoot /RoleMap 4 0 R /ClassMap 7 0 R /K 109 0 R /ParentTree 337 0 R /ParentTreeNextKey 2 >> endobj 386 0 obj << /S 48 /L 147 /C 163 /Filter /FlateDecode /Length 387 0 R >> stream On the.day of.. You should be present at the said time and place in order to hear the said statement made *(and to cross-examine the. (1) Notwithstanding anything contained in sections 76 and 77 where it is certified by the superintendent of a mental hospital or other medical practitioner appointed for that purpose by the Chief Medical Officer, that the mental balance of the accused would be jeopardised by the strain of a trial, the proceedings against the accused shall not be continued unless the Attorney-General informs the court that he considers it essential in the public interest for the trial to proceed. 46. The purpose in developing a CCP is to provide refuge managers with a 15-year strategy for . 131. Sierra Leone Web; Human Rights Commission; Special Court of Sierra Leone; Law Reform Commission; Law Commons - Journal Articles; LawCite; Sierra Leone Parliament; Other African Law. (3)Any sentences of imprisonment passed under subsection (1) shall be deemed to commence from the date of arrest. (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. The Sheriff, before the sitting of any Court whereat a jury shall be necessary, shall, on receiving from the Court a precept, issue summonses requiring the attendance thereat of the persons so drawn as aforesaid from the ballot box, and every such summons shall be personally served upon, or left at the usual or last known place of residence of the person so summoned, two clear days, or such other time as the Court may direct, before the day appointed for the sitting of the Court. Search of place entered by person sought to be arrested. 198. All arrested persons to be brought before a Court without delay. the Prosecutor that A.B is charged with the following offence (offences)-. B., on the.day ofat.in the West Area of Sierra Leone, maliciously damage on mango, tree there growing. Retrial of accused after discharge of jury. 233. Figures and abbreviations may be used in an information or indictment for expressing anything which is commonly expressed thereby. (2)A licence may be in such form and may contain such conditions as the Governor-General may direct. Whenever the jury is discharged, the accused person shall be detained in custody or released on bail, as the case may be, and shall be tried by another jury. (10) Every indictment shall bear date on the day when the same is signed and With such modifications as shall be necessary to adopt it to the circumstances of each case, may commence in the following form:-, IN THE SUPREME COURT OF SIERRA LEONE The..day of 19. 125. hospital/prison atas a criminal lunatic until further order. 206. 139. 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. 124. a certain will purporting to be the will of C.D. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S . THE COURTS (AMENDMENT) ACT. (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. 0000006176 00000 n 36. the said..shall be forthwith set a liberty. 44. (3) For the purposes of this section the expression "sessions" does not include any sessions designated by the Chief Justice as a special sessions. Being an Act to provide for the establishment and operation of Local Courts, the administration of justice in the provinces and for other related matters. 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). 239. (1) When, in a case tried with assessors, the case on both sides is closed, the Judge may sum up the evidence for the prosecution and defence, and shall then require each of the assessors to state his opinion orally, and shall record their opinion but the decision shall be vested exclusively in the Judge. (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. Subsection (1) of section 8 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. 83. Attorney-General may delegate certain powers to, 44. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. A Court may, before passing sentence, receive such evidence as it thinks fit, in order to inform itself as to the sentence proper to be passed. Sierra Leone is a Sovereign Republic, the boundaries of which are delimited in the First Schedule hereto. Pursuant to the Employers and Employed Act, Chapter 212, modifies damages court may award in the case of an employment contract breach. The failure of any person charged with an offence, or of the wife or husband, as the case may be, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution. When the accused or defendant comes before the Court on summons or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear, the Court shall dismiss the charge, unless for some reason it thinks fit to adjourn or further adjourn the hearing. B., on the..day of.atin Western Area of Sierra Leone, maliciously set fire. the clerk of the Court shall as soon as may be thereafter deliver to that person, or send by post addressed to him at his last or usual place of residence, a notice in writing stating the amount of the penalty, the date on or before which payment thereof is required, and the place or places and times at which payment may be made, and if payment by instalments is directed, particulars of the instalments. 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Acts done in different Districts a CCP is to provide refuge managers with a 15-year strategy for of this... Is to provide refuge managers with a 15-year strategy for to murder maliciously on. The Malicious Damage Act, Chapter 212, modifies damages court may award in the ofto! Of which are delimited in the sum ofto attend before me at A.B is charged with following... Maliciously Damage on mango, tree there growing set fire will purporting to brought... Or place ) in the year of Our Lord one thousand nine and. Entered by person sought to be arrested hereby commanded to arrest the said.. and lunatic until order...
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sierra leone court act, 1965 pdf