Notices to be given in certain cases. he has given evidence against any other person charged with the same offence. DECLARATION OF EXECUTION OF JUDGMENT OF DEATH, We, the undersigned hereby declare that judgment of death was this day executed onin. WHEREAS by section 70 of the Constitution it is ordained that the Governor-General may, in Her Majesty's name and on Her behalf, grant unto any offender convicted of any crime in any Court before any Judge or Magistrate within Sierra Leone a free pardon, or a pardon subject to such conditions as may at any time be lawfully thereunto annexed. 5. 2. B. has been twice previously convicted of an offence under section 22 of the Malicious, Damage Act, 1861, namely, at.on theday of..At theon the..day. 141. (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. 226. 241. Pilots of ships in actual practice and licensed as such; xiv. (3) Payment or tender. (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. 225. The Courts (Amendment) Act, 2006. No person shall be tried before a national court of Sierra Leone for acts for which he or she has already been tried by the Special Court. 52. Deposition of medical practitioner may be read as evidence. The Governor-General shall issue an order under his hand and the Public Seal which may be in one of the forms set out in the Second Schedule, and if the sentence is to be carried out shall state the place, which shall be private and the time where and when the execution is to be had, and shall give directions as to the place of burial of the body of the person executed; and if the person sentenced is pardoned, the pardon shall state whether it is free or to what conditions it is subject. (2)Such warrant of commitment shall name the day, time and place at which the accused is to appear before the Supreme Court in answer to the indictment preferred against him but the committal for trial shall not be invalidated by reason only of a failure to comply with this subsection. (2)The Court, may if it thinks fit, and on the application of the accused person shall, summon and examine such deponent as to the subject matter of his deposition. Calling of husband and wife in certain cases. 154. And I hereby direct you to arrest the occupier of the said.(place to be searched) if any such. 1. (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. COURT OF APPEAL RULES 5 Rel. Declaration of execution by Sheriff. 160. Trials in the Magistrates' Courts shall be conducted summarily in the manner and subject to the conditions laid, 93. 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. (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. 100. TAKE NOTICE that you will be tried on the indictment, whereof this is a true copy, at the Sessions of the Supreme Court to be held aton theday of.19. 139. (1) Such statement so taken may afterwards be used in evidence on the trial of any person accused of an offence to which the same relates, if the person who made the statement be dead, or the court is satisfied that for any sufficient cause his attendance cannot be procured, and if reasonable notice of the intention to take such statement was served upon the person against whom it is to be read in evidence and he had or might have had, if he had chosen to be present, full opportunity of cross-examining the person making the same. 2014 Sierra Leone Correctional Service Act o. N (4) In the absence of the Director-General, the Deputy . fine be sooner paid, and on the receipt thereof forthwith to set him at liberty returning this warrant with an endorsement certifying the manner of its execution. (1) Any constable may without a warrant arrest -. Sierra Leone provides an interesting case study on the assessment of crime1 and the criminal justice system. Any person charged with a criminal offence not punishable by death may at the time of being committed or referred fir trial by the Supreme Court, or at any time thereafter up to two clear days at least before the trial of such person, elect to be tried by a Judge alone and if any person so elects he shall be tried by a Judge alone instead of being tried by a Judge and Jury and in every such trial by a Judge alone, the Judge shall record in writing his decisions and reasons therefore. (2) It shall not be necessary, in any count charging an offence constituted by an enactment, to negative any exception. Children and young persons accused of criminal offences shall be apprehended and tried in accordance with the provisions of the Children and Young Persons Act. *A.(if names are given record them). 16. 234. 229. Powers of Director of Public Prosecutions. The Act, which came into effect on 1 January 2022, inter alia reduced the income tax rate for mineral and petroleum operations from 30% to 25% thereby adjusting the rate to match the standard corporate tax rate. c.The wife or husband of the person charged shall not, save as in this Act mentioned, be called as a witness in pursuance of this Act except upon the application of the person so charged. 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. 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. 152. 9. 4, pp. Evidence for arriving at proper sentence. (2) (a) Proceedings before a Magistrate previous to the committal of an offender for trial or to the determination of the Magistrate that the offender is to be put on trial, shall not be deemed proceedings for the trial of the offence committed by such offender for the purposes of the said consent and certificate under this section. d.In any of the following cases, that is to say, i.when it is uncertain in which of several Districts an offence was committed; or, ii. 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. Of 19.The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. 1. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such constable or other person may use sufficient force to effect the arrest but no more. Procedure where accused consents to summary trial. 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. 668dd-668ee; Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a CCP for each national wildlife refuge. (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. Where defendant pleads guilty in writing. To.(keeper of Prison or constable). Be it enacted by the Queen's Most Excellent Majesty, by and with P.N. Country/Territory Sierra Leone Document type Legislation Date 1965 Source FAO, FAOLEX Subject Agricultural & rural development, Land & soil Keyword Agricultural development Institution Court/tribunal Legal proceedings/administrative proceedings Access-to-justice Geographical area or so much thereof as shall be sufficient to satisfy the said fine/sum/penalty returning this warrant with an endorsement certifying what you have done under it, immediately upon its execution. (2) Where the accused is not defended by counsel but states that he intends to call witness (other than himself) as to the facts, the Court shall call upon him to open his case if he so desires. in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. 0000013445 00000 n (4) ) If a constable is assaulted or obstructed when making any arrest, it shall be the duty of any private person, on whom he may call for aid, to go to his assistance. Forgery, contrary to section 2 (1) (a) of the Forgery Act, 1913. 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. Passed in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. to prosecute (or to prosecute and give evidence) in the matter of a charge of And whereas it has been made to appear to me by information upon oath that the said, .was about to go out of Sierra Leone, and he has been arrested under a warrant, Now these are to command you to receive into your custody the said..and safely to, keep him until the trial of the saidand to produce him upon the day of such trial. Local Courts (Amendment) Act, 1965 (No. Power of dispenses with personal attendance of accused. 2. a Being an Act to establish the Sierra Leone Correction . For the purposes of sections 86 to 90. authority for the detention of such person. This Act applied to the then Colony of Sierra Leone, amongst others, certain sections of the Conveyancing and Law of Property Act 1881. Expenses of commitment .. B., on theday of.atin the Western Area of Sierra Leone, being clerk or servant to. 6 of the Convention 194. 128. The said Section states, amongst others, that the laws of Sierra Leone shall comprise "rules . The Special Court shall, except as provided in subparagraph (2), have the power to prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996, including those leaders who, in committing such crimes, have . Legal practitioners in actual practice and all Court Officers; iv. Arrest how made. 154. 126. (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. (2) In the event of adjournment the assessors shall be required to attend at the adjourned sitting, and at every subsequent sitting till the conclusion of the trial. (Place). 192. Death sentence not to be passed on persons under eighteen years of age. 225. (3) Nothing in this section gives a right to cause the death of any person except when a constable or private person is legally attempting to arrest the person killed, upon a charge or treason, felony or inflicting a dangerous wound and the arrest of such person cannot otherwise be accomplished. 216. General authority of Courts to bring accused persons before them. 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. Sierra Leone has a two tier justice dispensation regime; on the one hand is the formal justice sector and on the other the informal justice sector. The Literary Theory Handbook introduces students to the history and scope of literary theory, showing them how to perform literary analysis, and providing a greater understanding of the historical contexts for different theories.. A new edition of this highly successful text, which includes updated and refined chapters, and new sections on contemporary theories 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 (3)Such constable as aforesaid shall enter in a book, kept for that purpose in every police station in the Western Area and lock-up in the Provinces, the name, residence and occupation of the person entering into recognisance, and of his surety or sureties, if any, with the condition of the recognisance, and the sums deposited or acknowledged. Subject to the provisions of section 80, all arrested persons shall be brought as soon as possible before the Court having jurisdiction in the case, or the Court within the local limits of whose jurisdiction any such person was arrested. 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. (3) Any person convicted of treason or felony or any offence involving dishonest (unless he has obtained a free pardon) shall be disqualified from serving as a juror. 21. Governor-General to make decision and communicate the same to the Judge. 75. are). 133. (2) Any person who commits on an aircraft operated by or on behalf of a company registered in Sierra Leone, any act which, if committed in Sierra Leone would be an offence shall be guilty of an offence of the same nature, and subject to the same punishment, as if the act had been committed in Sierra Leone. 189. Where it appears to the Court that a charge is malicious, frivolous or vexatious, the Court may order the prosecutor to pay all or any specified part of the expenses of the prosecution or of the defence. [23rd March, 2006] Enacted by the President and Members of Parliament in this present Parliament assembled. 210. a.any person who commits any offence involving violence or dishonesty in his presence; b.any person whom any other person positively accuses of having committed any felony or any larceny, embezzlement, false pretences or receiving; c.any person whom any other person suspects of having committed any felony or any misdemeanour mentioned in paragraph (b), if the suspicion of such other person appears to the constable to be well founded and he shall declare his name and place of residence to the constable and accompany the latter to the nearest police station or lock up, if required to do so; d.any person whom he has reasonable cause to suspect of having committed or being about to commit any felony; e.any person whom he finds between the hours of six in the evening and six in the morning lying or loitering in any street, highway, yard, compound or other place, and not giving a satisfactory account of himself; f.any loose, idle or disorderly person whom he finds in any way disturbing the peace, whether in a public or private place, or causing annoyance to any person. A. In default of the amount being recovered by such distress and sale, the recognisors may be imprisoned for any period not exceeding sixty days, but the Court in or before which the condition of any recognizance ought to be performed may cancel or mitigate the forfeiture upon such terms and conditions (if any) as the Court may think just. (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. Expenses of conveyance to prison .. Section 4 of the Local Courts Act is hereby amended as follows You are hereby commanded to arrest the said..and to produce him before me. a.any person who in his presence commits a felony; b.any person whom he suspects of having committed a felony, if such felony had actually been committed and such private person has reasonable grounds to believe that the person arrested has committed that felony; c.any person offering to sell, pawn or deliver any property which such private person has reasonable grounds to believe to be stolen property; d.any person about to commit an act which would manifestly endanger another person's life; e. any person detaining or suspected of detaining any other person with the intent to kidnap or unlawfully remove him from Sierra Leone. 122. 204. E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published. 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. Any person may arrest without a warrant -. Cross-examination of witnesses for the prosecution. 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. (1) The deposition of a medical practitioner or other medical witness, taken and attested by a Magistrate in the presence of the accused person, may be read as evidence, although the deponent is not called as a witness. While Spanish is the first official language of Puerto Rico, English is the second official language. 3. Section 5 of the principal Act is hereby amended by the insertion immediately after the word "suspend" in line two thereof of the words, "or revoke the appointment of'. The principal Act is hereby amended by the addition immediately after section 48 of the following new section. Having heard you statement read do you wish to explain or add to it? concerning E. F. in the form of a letter, book, pamphlet picture, or as the case may be. Sierra Leone Gazette Supplement, Public Notices, 1982-02-19, No. (Innuendo should be stated where necessary). When a warrant is directed to more officers or persons than one it may be executed by all or by any one or more of them. (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. But, except with the leave of the Court, the prosecutor shall not in any case be allowed to make any observations by way of reply to the evidence adduced by the accused or the defendant nor, without such leave as aforesaid, shall the accused or the defendant in any case be allowed to make any observations on evidence adduced by the prosecutor in reply. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of the same, as follows: 1. During an adjournment the Court may in its discretion, according to the nature and circumstances of each case and subject to the provision of section 79, either suffer the accused or defendant to go at large or commit him by warrant to such prison or other place of security, or to such other safe custody as the Court thinks fit, or may discharge him on his entering into a recognizance with or without a surety or sureties. ii. 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. wherein you were bound, and further to give you notice that if within six days of the date of service of this order and notice upon you, you fail to pay the said sum the same may be recovered in manner prescribed by distress and sale of your goods and chattels, and in default of the amount being so recovered you may be imprisoned for a period up to days. The accused shall sign or attest by his mark such record. 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. If too long for this space continue overleaf). 0000071036 00000 n THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. 132. A. B. to commit the said offence. CXLV, No. (2) State amount in which each surety is separately bound, followed by his signature or mark. xYlCaj0_ZqsC( OU*IyM/^OT@:qxKsbIS :EApc4N( 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. (2) The powers conferred upon the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (1) shall be vested in him to the exclusion of any other person or authority: Provided that, where any other person or authority has instituted criminal proceedings nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the Court. (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. 228. WHEREAS..of.has bound himself by recognisance to. e.A person charged and being a witness in pursuance of this Act may be asked any question in cross-examination, notwithstanding that it would tend to criminate him as to the offence charged. (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. 144 Sudanese Nationality Act 1994, as amended by Act No. (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. (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. Any person, who on any examination on oath under any of the provisions of this Act willfully and corruptly give false evidence, shall be guilty of perjury. (3)When an accused person makes an application under this section, the Judge may before granting the same, direct him to enter into a recognisance, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecution. Where the defendant does not appear personally and pleads guilty in writing under section 21, the Court may proceed to conviction notwithstanding the absence of the prosecutor. B., on theday of.19at Freetown in the Western Area of Sierra, Leone, being a witness upon the trial of an action in the Supreme Court of Sierra Leone in which one.was, plaintiff, and one..was defendant, knowingly falsely swore that he was one M. N. in the street called. 84. 136. (2) Where a fine imposed under sub-section (1) is not paid forthwith the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs (if any) in the Supreme Court, and that judgment shall be enforceable against the corporation in the same manner as if it were a judgment entered against the corporation in the Supreme Court in civil proceedings. 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. iii. 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. 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