41. 227. (2) Where a witness has been, or is to be treated as having been bound over conditionally to attend the trial, the Attorney-General or the person committed for trial may give notice, at any time before the opening of the sessions of the Supreme Court at which the accused person has been committed to be tried, to the committing Magistrate's Court and at any time thereafter to the Registrar of the Supreme Court that he desires the witness to attend at the trial, and any such Court or Registrar to whom any such notice is given shall forthwith notify the witness that he is required so to attend in pursuance of his recognizance. English was first introduced on the island when the United States had acquired Puerto Rico as a U.S. territory after the Spanish-American War and the Treaty of Paris in 1898 but . (3) When a person is charged with stealing any chattel, money or valuable security, and it is proved that he received the thing knowing it to have been stolen, he may be convicted of receiving although he was not charged with that offence. Other days thereafter receive, comfort, harbour, assist and maintain the said H. C. Statement of Offence Robbery with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916. 245. 3. 1. (Particulars to specify pages and lines complained of where necessary as in book). (2) No accuse person shall be entitled to any adjournment to secure the attendance of any witness unless he shows that he could not by reasonable diligence have taken earlier steps to obtain the presence of the witness. (3)The provisions of this section shall be in addition to and not in derogation of any other provisions of this Act. SNi`U~? 240. Conduct and precedence of prosecutions. General provisions as to informations and charges. (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. newspaper, falsely representing that A. 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. . iv. (4)For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved, for the purposes of any such proceedings, to any other court shall be deemed part of those proceedings. (2)Such warrants issued by any Magistrate's Court shall be enforce by the Magistrate of the district in which the person against whom such warrants or any goods and chattels of such person, may be found. (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. Part 2 regulates summary trial; Part 3 preliminary investigations. Bin Rafaah v Precious Minerals Marketing Company (Sierra Leone) Limited (CIV APP 1 of 1999) [1998] SLCA 2 (23 October . (2)The accused or defendant may put questions to each witness produced against him, and the answer of the witness thereto shall be part of his evidence. DATED this..day of. (1) If the accused or the defendant does not admit the truth of the charge or the Court refuses to accept a plea of guilty, the Court shall proceed to hear the prosecutor and his witnesses and other evidence, if any. (2)Judge shall then give judgment, and in so doing shall not be bound to conform with the opinions of the assessors, but he shall record his judgment in writing and in every case the judgment shall contain the point or points for determination, the decision thereon and the reasons for the decision, and shall be dated and signed by the Judge at the time of pronouncing it.. (3)If the accused is convicted, the Judge shall pass sentence on him according to law. 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. (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. The Local Courts (Amendment) Act, 1965 Date of commencement. (b) Nothing in this Act shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness, without the consent of that person. 23 OF 1ST MAY, 2014. 23. 22. Medical practitioners and dental surgeons in actual practice and their dispensers and assistants; v.Registered druggists and nurses in actual practice; vi. 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. (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. 149. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. 227. 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. Any warrant so endorsed shall have the like effect as any warrant issued under subsection (1). 2. (6) When two or more persons are charged with jointly receiving any property, and it is proved that one or more of such persons separately received any part of such property, such of the said persons as are proved to have received any part of such property may be convicted upon such charge. And whereas the condition of the said recognisance has not been performed: Now these are to order you to pay the sum of.the amount of such recognisance. ), * Strike out when Magistrate or Justice of the Peace does not think fit so to authorise or direct, To(Registrar or Court Clerk) of the..Court at. "Civil Marriage" means a marriage which is recognized by the law of the place where it is contracted as the voluntary union for life of one man and one woman to the exclusion of all others; "husband and wife" means a husband and wife of a Civil marriage, as defined in this section; "Mohammedan Marriage" means a marriage entered into and subsisting between persons professing the Mohammedan faith which is valid according to Mohammedan Law or registered under the Mohammedan Marriage Act or any law governing the registration of such marriage in any other country. death was this day executed in the said prison (or as the case may be), and that on such examination I found that the said.was dead. The persons named in such notices, and such other persons as the Magistrate may require, shall be bound to attend such sitting. 193. 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. (4)Where a representative does not appear, any such requirement, and any requirement that the consent of the accused shall be obtained for summary trial, shall not apply. Consequences supervening or not known at time of former trial. 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 period ofunless the sum of, ..(as set out at the foot hereof) be sooner paid, and on the receipt thereof forthwith to set. 178. 116. vii. 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. 29 The Local Courts (Amendment) Act, 1965 [1st October, 1965.] the offence of.and I consider it advisable to adjourn the examination into the said charge: Now these are to command you to receive the saidinto your custody and safely to keep him and, produce him before me at.at.m, or theday of, .19and hereafter from time to time as may be notified to you by. If any assessor unable to attend, trial may proceed. (4)Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the recognisance to the Court. [23rd March, 2006] Enacted by the President and Members of Parliament in this present Parliament assembled. (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. 24. (1) If the trial is to be held with the aid of assessors, the Judge shall select from the persons summoned to act as special jurors such number, not being ordinarily less than three, as he shall think fit to assist him in such trial. (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. Challenge for cause shall be allowed on any of the following grounds. Spanish has been an official language in Puerto Rico since it was first colonized by Spain in the 15th century. 237. postponed further proceedings in the matter: Now we hereby jointly and severally declare ourselves sureties that the said.shall be. Any person may arrest without a warrant -. 0000012053 00000 n Section 4 of the Local Courts Act is hereby amended as follows 72. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry . (1) In the case of a conviction involving sentence of death the sentence shall not in any case be executed until a. after the expiration of the time within which a notice of appeal or of an application for leave to appeal may. ents that may be imposed by subordinate court. National Land Commission Act, 2022 (Act 19 of 2022) Arbitration Act, 2022 (Act 18 of 2022) . Magistrate's Courts have limited jurisdiction. Additional witnesses for prosecution. Prisoner to be released on bail or acquitted and discharged if not tried within a certain time. 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. Sierra Leone Gazette Supplement: Acts, 1965-10-21, No. (1) A description of the offence charged in an information or indictment or where more than one offence is so charged, of each offence so charged, shall be set out in the information or indictment in a separate paragraph called a count. 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. 133. (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. 160. Available Online Formats Add to Basket Items Details b.the offender is not present on the occasion of the conviction. 125. 0000080634 00000 n (1) Notwithstanding anything contained in section 79 any constable in charge of a police station may take bail by recognisance conditioned for the appearance of an accused person before the Magistrate's Court, on a day and at a place to be mentioned in such recognisance, there and then to be dealt with according to law, in the following cases, a. The purpose in developing a CCP is to provide refuge managers with a 15-year strategy for . The Laws of Sierra Leone on the Sierra Leone Web. 33. b. DATED this.day of.19.. "(I authorise the execution of this warrant at any time. 12. Accused to be informed of complaint. (3) Order for enlargement of bail, cancellation of bail, transfer to a bond, etc. (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. prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of..against And whereas it has been made to appear to me be information upon oath that the said.. is about to go. 101. WHEREAS.(name) is lying ill/hurt at(address) and is not likely to recover, and, whereas it appears to me that the saidis able and willing to give material, information relating to the offence of.(statement of offence) alleged to have been committed, Now, therefore, take notice that I propose to take in writing and upon oath or affirmation the statement of the said. WHEREAS.(name of offender), was on theday, of..sentenced to pay a fine of..or in default to suffer imprisonment for the period. In the.Court at. 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. 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. 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