Restitution of property stolen or its value. The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. (1) If in the course of a trial with the aid of assessors, at any time prior to the finding any assessor from any sufficient cause is prevented from attending throughout the trial, the trial shall proceed with the aid of the remaining assessors. C.D., with intent to defraud, made or concurred in making a false entry in a cash book belonging to the said C.D., his employer, purporting to show that on the said day Le100 had been paid to L. M. A. (8) It shall not be necessary in stating any intent to defraud deceive or injure any particular person, where the enactment creating the offence does not make an intent defraud, deceive, or injure a particular person an essential ingredient of the offence. Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. (1) The constable or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, or anything found in his possession likely to afford material evidence for the prosecution in respect of the offensive weapons which he has about his person, or anything found in his possession likely to afford material evidence for the prosecution in respect of the offence for which the offender has been arrested. A statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of his employer, shall be prima facie evidence of the facts therein stated in any proceedings taken before the Court for the enforcement of the payment by the person, to whom the wages are stated to have been paid, of a fine or penalty upon summary conviction. 144 Sudanese Nationality Act 1994, as amended by Act No. (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. Subsection (1) of section 9 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. 75. 46. I,.(name and designation), make oath and say as follows:-, At or aboutm. in the.noon of theday of19, I personally, served upon..(name of person summoned) by.(state method of service) a summons issued, by(issuing Court) in the matter of.(prosecutor) versus.(accused) wherein the. And the Court shall then hear the accused. 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. 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. B. and C.D. . 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. the Prosecutor that A.B is charged with the following offence (offences)-. 211. 50. 79. 191. 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. 150. 149. 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. 1. (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. are). 133. Upon the appearance of the accused before the Court on summons, warrant or otherwise, the Court shall cause the substance of the charge against the accused to be stated to him and the accused shall not be required to make any reply thereto; if any such reply is made it shall not be recorded by the Court. 2. The Laws of Sierra Leone on the Sierra Leone Web The Local Courts (Amendment) Act, 1965 ASSENTED to in Her Majesty's name this 1st day of October, 1965. (2) Where a prosecutor has actually received the compensation awarded under the provisions of subsection (1) or any part thereof the convicted person shall be released from all further or other proceedings by the prosecutor whether civil or criminal for the same cause. Powers of Director of Public Prosecutions. Robbery with aggravation - Criminal Procedure (Amendment) Act 1973. Information to be given to Magistrate, when required. 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 . The Magistrate shall have power and authority to summon persons to give on oath their full names, occupations, places of residence, and true answer relating to their qualifications as jurors when required for the purposes of this Act, and to commit to prison any person refusing to take an oath or affirmation, or to give evidence as aforesaid, and to order any persons to be taken into custody who shall willfully insult or interrupt the Magistrate, or otherwise misbehave and to commit every such offender to prison for a period not exceeding seven days. 24. 96. 196. (1) Notwithstanding the provisions of section 44 and 45 when a Director of Public Prosecutions shall have been appointed, he shall have power in any case in which he considers it desirable so to do. 36. Trial by Judge alone on election of accused. CERTIFICATE UNDER SECTION 124, CRIMINAL PROCEDURE ACT, 1965. (2)Any Orders, Regulations or other instruments made under the Criminal Procedure Act, hereby repealed, shall remain in force and be deemed to have been made under the corresponding provisions of this Act until such time as the same may be amended, revoked, repealed or replaced by Orders or Regulations made under the provisions of this Act. Sealing orders, warrants, etc., not generally necessary. Power to search for strangers in Diamond Protection Areas. (3)If entry into the building, vessel, vehicle, receptacle or place cannot be so obtained, the constable or other person executing the search warrant may, if the warrant empowers him so to do, enter forcibly, or break-open such building, vessel, vehicle, receptacle or other place. Power of dispenses with personal attendance of accused. Section 4 of the Local Courts Act is hereby amended as follows. There shall be no challenge to the array, and no accused person shall be admitted to any peremptory challenge above the number of three. 199. 55. The Local Courts (Amendment) Act, 1965 [1st October, 1965.] Conviction of assault with intent to rob on charge of robbery. Power to take offensive weapons or property of evidentiary value from arrested persons. The Flag of which the design is described in paragraph (b) hereof is hereby declared to be the . (3) Disqualification of jurors. (1) At the close of the evidence for the defence, or, where it is sought to rebut evidence of good character, after evidence of good character has been given, the Court may, in its discretion, grant the prosecutor leave to call rebutting evidence where something has arisen ex improviso, in the course of the defence. To..(Officer), WHEREAS..(name of accused) of.(Address) was brought before me aton, theday of.19charged with the offence, of(statement of offence) committed at.in the. 88. WHEREAS.(name of prison) a prisoner now in your custody is required to appear before me to. 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 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. In case of refusal may be imprisoned. The Registrar or any other person directed by the Court shall endorse on, or annex to, every indictment and, every copy thereof to be delivered to the Sheriff or Deputy Sheriff for service on the accused, a notice of trial, which notice shall be in the following form, or as near thereto as may be. 185. (4) Coin and bank note may be described as money, and any averment as to money, so far as regards the description of property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed or the particular nature of the bank note shall not be proved; and in cases of embezzlement and obtaining money or bank notes by false pretences, by proof that the accused embezzled or obtained any coin or any bank note, or any portion of the value thereof, although such coin or bank note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to any other person, and such part shall have been returned accordingly. 160. (b) it shall be sufficient if only the words of the section of the enactment creating the offence are set out in the particulars of the offence. Person to be paid 11. 210. 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. (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. b. 245. (2) After such period as the Judge considers reasonable the jury may deliver their verdict, or state that they are not unanimous. 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. Part 1 contains general provisions. 77. Return of property found on person arrested, and release of property returned in Courts. 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. 2. The Globalization of World Politics. 100. Procedure to be followed where accused is undefended. 217. (3)Any document purporting to be an original report under the hand of a person gazetted as an examining officer. PART I - GENERAL PROVISIONS PROCEDURE 3. Copies of lists to be sent to Sheriff. Accused to be informed of complaint. 117. When a person is accused of the commission of any offence by reason of anything which has been done or of anything which has been omitted to be done, and of any consequence which has ensued, such offence may be enquired into or tried in any district in which any such thing has been done or omitted to be done, or any such consequence has ensued. Pursuant to the Employers and Employed Act, Chapter 212, modifies damages court may award in the case of an employment contract breach. (1) If from the absence of a witness, or from any other reasonable cause recorded in the minutes the Court considers it advisable to adjourn the preliminary investigation and the accused is not admitted to bail, the Court may, by warrant, from time to time, remand the accused for a reasonable time, not exceeding eight clear days at any one time, to some prison or other place of security. 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. In the Case - SLAJ vs The State of Sierra Leone, the journalists' association argued that Part V of the 1965 Public Order Act contravenes Section 25(1) of Act No 6 of the 1991 Constitution of Sierra Leone. The Magistrate, upon the lists being so settled, shall send signed copies thereof to the Sheriff to the Sheriff or Deputy Sheriff for his district. WHEREAS on theday of19 .(name of prisoner) was convicted before me of the offence. the said Court sentenced to suffer death: AND WHEREAS it is in my judgment expedient that the Queen's mercy should, on the conditions hereinafter mentioned, be extended to the said. NOW, THEREFORE, by virtue and in exercise of the said powers in this behalf vested in me by the Constitution, I, do hereby in Her Majesty's name and on Her behalf grant unto the, said..Her Majesty's pardon for the offence whereof he stands so convicted as, aforesaid, on condition that the said..shall be kept imprisoned for the rest of his life/a. For the purposes of sections 86 to 90. The Sheriff and the Keeper of the Prison, the Medical Officer in charge of the Prison, the Chaplain of the Prison or other minister of religion, and such other officers of the prison as the Sheriff requires shall be present at the. Where it appears to the Court that distress and sale of his goods and chattels would be ruinous to the person convicted and ordered to pay money for a fine or penalty and his family, or (by his confession or otherwise) that he has no goods whereon a distress may be levied, or other sufficient reason appears to the Court, the Court may, if it thinks fit, instead of or after issuing a warrant of distress commit him to prison for a period specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid. Discharge of persons detained under section 215. 245. 5. Of 19.The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. 179. If at the time and place for the hearing of the case, both the accused or defendant and the prosecutor appear before the Court, it shall proceed to hear and finally determine the charge. Calling of husband and wife in certain cases. Holders of such other offices in the public service that the Governor-General, may from time to time require to be exempted. 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. B., on the..day of..atin the Western Area of Sierra Leone, robbed C.D., of a watch. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. B. was a servant to J. S. and the he, said A. (1) A person in detention pursuant to the directions of the Govern-General under section 216 may at any time discharged by the Governor-General on licence. 249. 157. Arrest, etc., of Member of Parliament or public officer to be reported. 86. Interpretation. 2. The Magistrate in settling the lists shall mark off the names of such persons as he shall deem suitable to serve as special jurors in each district. 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. WHEREAS.(name of offender), was on theday, of..sentenced to pay a fine of..or in default to suffer imprisonment for the period. 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. 31. It was ratified by Parliament on 15 December 2011 and signed into law on 1 February 2012. A. No. 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. Resumption of trial or investigation. 223. i.that an offence be enquired into or tried by the Supreme Court or any subordinate Court not empowered by sections 39 and 40 but in other respects competent to enquire into or try such offence; ii. In this Act, unless a contrary intention appears -. " PRESERVATION OF TESTIMONY IN CERTAIN CASE. WHEREAS at a preliminary investigation held by me into a charge of.preferred against, ..(name of accused) I committed the, said..(name of accused) for trial by the Supreme Court Upon the said charge and. Whenever any preliminary investigation or trial is postponed under sections 71 or 134, the Court may at any time resume the preliminary investigation or trial and require the accused to appear or be brought before such court, when, if the court considers him capable of making his defence, the preliminary investigation or trial shall proceed, but if the Court considers the accused to be still incapable of making his defence, the accused shall be dealt with as though the preliminary investigation or trial had not been resumed. ents that may be imposed by subordinate court. I hereby declare my self surety/we hereby jointly and severally declare ourselves sureties said, (name of accused) that he will be and appear before the said, .Court when called upon to answer the charge against him and will continue so to appear. evidence that the person has been so appointed. Pursuant to section 120 of the Sierra Leone Constitution, 1978, sets forth rules of procedure for the Supreme Court of Sierra Leone, including special leaves to appeal, hearings, criminal appeals, civil appeals, judgements and orders, and jurisdiction. 72. (Innuendo should be stated where necessary). (2) The following persons shall be charged and tried together, namely. 2. 122. 221. WHEREAS(name) is now lying ill/hurt at(address) and is not expected to recover: And whereas it is expedient that(name), a prisoner now in your custody, should be present. Returns to be made to trial Court and Attorney-General. Part 4 provides for indictment and trial in . 197. GAZETTE NO. [ ] ENACTED by the President and Members of Parliament in this At close of prosecution case Judge to inform undefended accused of his rights. (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. a)by the insertion immediately after the word "Court" in line one of subsection (5) of the words "in a civil case or matter"; b)by the substitution for the words "if the convicted person (or in a civil case, either of the parties)" in lines one and two of subsection (6) of the words "if in a civil case, either of the parties". Sierra Leone Legal System Outline - Njala University, School of Social Sciences and Law, Department - Studocu The Module introduces student to Sierra Leone Legal System which entails the court systems, court procedures etc. Procedure where entry not obtainable. 230. A person who has been committed for trial shall be entitled at any time before the trial to have a copy of the depositions on payment of a reasonable sum not exceeding four cents for every seventy-two words, or, if the Court thinks fit, without payment. 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. In the..Court at. To..(name) of(address), WHEREAS on the..day of19., you as principal party/surety entered, into a recognisance conditioned as follows---. 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. 33. Immediately after the accuses shall so have had opportunity of making his answer to the charge, the Court shall ask him whether he desires to give evidence on his own behalf and whether he desires to call any witnesses, and the evidence of the accused together with the depositions of such witnesses as the accused shall call, and who shall appear on his behalf, shall then be taken in like manner as in the case of the witnesses for the prosecution. The High Court of Sierra Leone is divided into the: General Civil Division; Criminal Division; Commercial and Admiralty Division; Family and Probate Division and Land and Property Division. 238. 12. Share on Facebook. (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. In proceedings to which no such forms are applicable the Master of the Supreme Court may, with the approval of the Chief Justice, from time to time frame the forms required and such forms shall be published in the. Offences by public officers abroad and offences on aircraft. (3)Where for any reason whatsoever the trial of the accused cannot take place on the day named on the warrant it shall be lawful for any Judge or Magistrate to extend by endorsement on the warrant the time stated thereon. 40. A. (1) If the Court considers the evidence sufficient to put the accused on his trial, the Court shall by warrant commit him for trial upon indictment before the Supreme Court and shall, until the trial, either admit him to bail or send him to prison for safekeeping. (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. 229. The rules contained in the First Schedule with respect to informations and indictments shall have effect as if enacted in this Act, but those rules may be added to, varied, revoked, or replaced by further rules made by the Chief Justice with the approval of the House of Representatives, and the Chief Justice is hereby empowered to make such further rules. 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