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Spanish has been an official language in Puerto Rico since it was first colonized by Spain in the 15th century. 237. E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published. A warrant shall not be issued in the first instance, unless the Information is in writing and on the oath of the person laying the same or of some witness in that behalf: Provided that a Justice of the Peace may issue a warrant upon an unsworn information if there is no Judge or Magistrate available within the area of jurisdiction of the Magistrate's Court having jurisdiction in the area and the person applying for the warrant makes a statutory declaration that to the best of his knowledge and belief no Judge or Magistrate is available within that area. This is to authorize and require all persons to whom the saidshall be delivered to receive the, said.into their custody together with this certificate, and him safely to keep. of.and was sentenced to Now these are to command you to receive the saidinto your. 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. 185. A. Powers of Director of Public Prosecutions. (1) The description of property in a count in an information or indictment shall be in ordinary language, and such as to indicate with reasonable clearness the property referred to and if the property is so described it shall not be necessary, except when required for the purpose of describing an offence depending on any special ownership of property or special value of property, to name he person to whom the property belongs or the value of the property. 83. Contents of petition . 147. A. If too long for this space continue overleaf). Additional witnesses for prosecution. When any search warrant has been executed the person who executed it shall return the warrant, together with everything seized thereunder, to the Court, Judge, Magistrate or Justice of the Peace which issued the warrant. B., on theday ofatin the Western Area of Sierra Leone, did counsel, procure, and. I,(name) of(address), do hereby bind myself to. 156. 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. (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. Prosecutor and witnesses may be required to enter into recognisances. Conviction of manslaughter on charge of murder. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Date of assent: 01 March 2065. 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. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. Certificate of superintendent of hospital to be evidence. Where at any stage of a trial the Court is of the opinion that the accused or the defendant may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same information or that for any other reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in one information the Court may order a separate trial of any offence or offences charged therein. Accused person to be remitted in certain cases to another Court. The Residual Special Court was established pursuant to an agreement signed between the United Nations and the Government of Sierra Leone on 11 August 2010. Where any person has been committed for trial for any offence, the deposition of any person taken before the committing Magistrate may, if the conditions hereinafter set out are satisfied, without further proof be read as evidence on the trial of that person, whether for that offence or for any other offence arising out of the same transaction, or set or circumstances, as that offence. Persons charged with misdemeanour not to be acquitted if offence proved felony. WHEREAS.(name of accused) did appear before the, ..(Magistrate or Judge) atto take his trial on attend a. preliminary investigation into a charge of..: And whereas the said..(Magistrate or Judge) has reason to believe that the, said(name of accused) is of unsound mind and is incapable of making his defence and has. 37. (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. Cross-examination of witnesses for the prosecution. The following is read by the Magistrate and explained to the accused. 195. (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. 2. "The jurors who are to try you are now about to be sworn; if you object to any of them, you must do so as they come to the book to be sworn, and before they are sworn, and you shall be heard". Restitution of property stolen or its value. However, the key arbitration legislation in Sierra Leone, Chapter 25 of the Laws of Sierra Leone 1960 (Cap 25) is in the process of being revised. Penalty for signing false certificate. 55. Sets forth provisions relating to the formation and . (1) No indictment shall be signed or filed in respect of any criminal offence unless there has been a committal for trial consequent upon a previous preliminary investigation in accordance with the provisions of Part III or an enquiry or inquest held in accordance with the provisions of the Coroners Act, except in the case of indictments which by law may be preferred by the direction of, or with the consent in writing of, a Judge, and, in the case of informations known as ex-officio informations, by the Attorney-General: Provided that where the accused has been committed for trial the indictment may include either in substitution for or in addition to counts charging the offence for which he was committed, any counts founded on facts or evidence disclosed in the depositions being counts which may be lawfully joined in the same indictment. 136. Passed in the House of Representatives this 5th day of October, in the year of Our Lord one thousand nine hundred and sixty-five. Procedure to be followed where accused is undefended. (2)Where a criminal lunatic is conditionally discharged in pursuance of this Act, a report of his condition shall be made to the Minister by such person, at such times and containing such particulars as may be required by the order of discharge. Whenever there shall be a deficiency, or when the number of trials before the Court renders the attendance of jurors for the whole of any session oppressive, it shall be lawful for the Court to issue fresh precepts, if necessary, and, subject to all rights of challenge, to put upon the jury as common or special jurors so many men of the bystanders as shall be sufficient to make up to full number thereof, and it shall not be an objection to any such bystander that his name is not upon any jurors' list. 9. 48. 157. b)by the substitution for the words "six months" in lines two and three thereof of the words "one yeaf'. 165. (3)When the whole is made conformable to what the accused declares is the truth, the statement shall be attested by the Magistrate, who shall certify that such statement was taken in his presence and hearing and contains accurately the whole statement made by the accused. Pilots of ships in actual practice and licensed as such; xiv. the Prosecutor that A.B is charged with the following offence (offences)-. S. 155(1), 1991 Constitution of Sierra Leone. (3) For the purposes of this section the expressions "Diamond Protection Area" and "stranger" and shall bear the meanings assigned to them in section 2 of the Diamond Industry Protection Act. The Magistrate's Court shall, on committing the accused person for trial, inform him of his right to require the attendance at the trial of any such witness as aforesaid, and of the steps which he must take for the purpose of enforcing such attendance. (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. 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. (3) If the case is one in which bail may not be taken, the Court shall release the accused or the defendant on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any person or property, and for his appearance before the Court or such officer as the court may appoint in that behalf. (5)A Judge may, if he thinks fit, admit any person to bail although the Court before whom the charge is pending has not thought fit to do so. A. The Court shall, at the time of committing him for trial, inform the accused of his right under this section. A person, who has been once tried for an offence and convicted or acquitted of such offence, shall not be liable to be tried against on the same facts for the same offence or any other offence of which he could have been lawfully convicted at the first trial, unless a retrial is ordered by a Court having power to do so. (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. g.Every person called as a witness in pursuance of this Act shall, unless otherwise ordered by Court, give his evidence from the witness box or other place from which the other witnesses give their evidence. B., on theday ofin the Western Area of Sierra Leone published a defamatory libel. Power to search for strangers in Diamond Protection Areas. 66. The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient prima facie 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. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry . (2) Whenever any such building, vessel, vehicle, receptacle or other place is closed, any person residing in or being in charge of the building, vessel, vehicle, receptacle or place shall on the demand of the constable or other person executing the search warrant, allow him free entry thereto and afford all reasonable facilities for a search therein. 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. A. Sierra Leone is a Sovereign Republic, the boundaries of which are delimited in the First Schedule hereto. For the purposes of this subsection the expression "examining officer", "motor vehicle" and "trailer" shall have the meanings respectively assigned to them under the Road Traffic Act, 1964. 25. 113. 24. (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. 220. h.Nothing in this Act shall effect the provisions of section 18 of the Indictable offences Act, 1848, or other right of the person charged to make a statement without being sworn. A warrant may be executed by the arrest of the accused at any place in Sierra Leone. DATED thisday of.19.. *If the accused states that he does not wish his witnesses examined by the Magistrate but desires them to be bound over to appear before the Supreme Court, this must be stated, but on no account should a Magistrate suggest or encourage this, but should record the evidence unless the accused does not wish it. Calling of husband and wife in certain cases. 21. (2)Where the accused is defended by counsel who states that he intends to call witnesses as to the facts other than the accused, the Court shall call upon the accused's counsel to open his case and shall then require the accused, if he so desires, to make his own unsworn statement or give his evidence on oath, as the case may be, and thereafter to call his witnesses (including witnesses as to character). 96. 177. I,.(Judge of the Supreme Court or other designation) hereby certify that the, condition of the recognisance entered into by..and set out on the obverse hereof has not been, You are hereby directed to cause to be served upon the said..the order and notice required b. section 129 of the Criminal Procedure Act, 1965: And you are further directed that if the said sum shall not have been paid to you within six days of the service of such order and notice, you shall proceed to recover the same by distress and sale of the goods and chattels of the, saidand in default of the amount being so recovered you shall lodge the said, ..in the prison at.there to be kept safely for a period. When a private person arrests any person under section 11 he shall deliver the person arrested, and the property, if any, taken into possession by him, as soon as may be to a constable. 224. 182. (3) Where before a trial upon indictment or at any stage of such trial the Court is of opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in an indictment, the Court may order a separate trial of any count or counts of such indictment. 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. 132. The provisions of section 105 shall apply in relation to the amendment of a charge brought against an accused person before a Court holding a preliminary investigation. 20. 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. authority for the detention of such person. Every sentence of death shall direct that the person condemned shall be hanged by the neck until he is dead, but shall not state the place of execution. 2. 237. Search of place entered by person sought to be arrested. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. In default of the recovery of the fine by such distress and sale, the person fined may be imprisoned for a period not exceeding two weeks. (Public Seal) Governor. Person arrested to be handed over to constable. A warrant shall remain in force until cancelled or executed. If the Court considers that the evidence against the accused is not sufficient to put him on his trial, the Court shall forthwith order him to be discharged as to the particular charge under investigation; but such discharge shall not be a bar to any subsequent charge in respect of the same facts: Provided that nothing contained in this section shall prevent the Court from either forthwith, or after such adjournment of the investigation as may seem expedient in the interest of justice, proceeding to investigate any other charge upon which the accused may have been summoned or otherwise brought before it, or which in the course of the charge so dismissed as aforesaid it may appear that the accused has committed. 203. (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. (4)The Court may presume that the signature to any such document is genuine, and that the person signing it held the office which he professed to hold or was recognized as an assayer or mineralogist at the time when he signed it. return you this order to me endorsed with what you have done therein. 2. CERTIFICATE UNDER SECTION && OF THE CRIMINAL PROCEDURE, I(name) of(address), the Medical Superintendent of the, Mental Hospital athereby certify that(name of. 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. (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. Hb```f````c` 6Pa'C Vbq310g`g``}p@v/q* @Y`;+^|& bi55 # endstream endobj 387 0 obj 146 endobj 351 0 obj << /Type /Page /Parent 347 0 R /Resources << /ColorSpace << /CS2 354 0 R /CS3 357 0 R >> /ExtGState << /GS2 379 0 R /GS3 380 0 R >> /Font << /TT4 355 0 R /TT5 353 0 R /TT6 361 0 R /TT7 363 0 R >> /XObject << /Im1 385 0 R >> /ProcSet [ /PDF /Text /ImageC ] >> /Contents [ 359 0 R 365 0 R 367 0 R 369 0 R 371 0 R 373 0 R 375 0 R 377 0 R ] /MediaBox [ 0 0 612 792 ] /CropBox [ 0 0 612 792 ] /Rotate 0 /StructParents 0 >> endobj 352 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 0 /Descent -216 /Flags 98 /FontBBox [ -498 -307 1120 1023 ] /FontName /EDMNNK+TimesNewRoman,Italic /ItalicAngle -15 /StemV 83.31799 /FontFile2 378 0 R >> endobj 353 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 147 /Widths [ 250 0 0 0 0 0 0 0 0 0 0 0 250 333 250 0 0 500 0 0 0 500 500 0 0 500 0 0 0 0 0 0 0 611 0 667 0 0 611 722 722 333 0 0 0 0 0 722 611 0 611 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 500 444 500 444 278 500 500 278 0 444 278 722 500 500 500 0 389 389 278 500 444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 556 ] /Encoding /WinAnsiEncoding /BaseFont /EDMNNK+TimesNewRoman,Italic /FontDescriptor 352 0 R >> endobj 354 0 obj [ /ICCBased 382 0 R ] endobj 355 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 151 /Widths [ 250 0 0 0 0 0 0 0 333 333 0 0 250 333 250 0 500 500 500 500 500 500 500 500 500 500 278 278 0 0 0 0 0 722 667 667 722 611 556 722 722 333 389 0 611 889 722 722 556 722 667 556 611 0 722 944 0 0 0 333 0 333 0 0 0 444 500 444 500 444 333 500 500 278 278 500 278 778 500 500 500 0 333 389 278 500 500 722 500 500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 444 444 0 0 1000 ] /Encoding /WinAnsiEncoding /BaseFont /EDMNKK+TimesNewRoman /FontDescriptor 356 0 R >> endobj 356 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 656 /Descent -216 /Flags 34 /FontBBox [ -568 -307 2028 1007 ] /FontName /EDMNKK+TimesNewRoman /ItalicAngle 0 /StemV 94 /XHeight 0 /FontFile2 381 0 R >> endobj 357 0 obj /DeviceGray endobj 358 0 obj 1459 endobj 359 0 obj << /Filter /FlateDecode /Length 358 0 R >> stream WHEREAS by a warrant of distress dated the..day of. 19, it was, ordered that distress be lived against the goods and chattels, of(name of offender) for the sum. No. 54. (1) In any criminal case, and at any stage thereof before verdict or judgement, the Attorney-General may enter a nolle prosequi either by stating in Court or by informing the Court in writing that, the Crown intends that the proceedings shall not continue and thereupon the accused or the defendant as the case may be shall be at once discharged in respect of the charge for which the nolle prosequi 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. when an offence is committed partly in one District and partly in another; or, iii. 25 dated 31st May, 2007 ii. Acting Clerk of the House of Representatives. 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. (1) If the jury are not unanimous, the Judge may require them to retire for further consideration. a certain will purporting to be the will of C.D. (5)The forms set out in the Appendix to these rules, or forms conforming thereto as nearly as may be, shall be used in cases to which they are applicable; and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case. (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a, person comes into question, the declaration of the, whether it be made in the presence of the accused or not, may, at the discretion of the Court be given in evidence if the. All arrested persons to be brought before a Court without delay. 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. (Innuendo should be stated where necessary). (1) If a person committed for trial in the Supreme Court other than on a charge of treason or murder shall not have been tried by the end of the next criminal sessions after the sessions to which he was originally committed he shall, if in prison, on his application made in the last day of such first mentioned sessions be admitted to bail unless it be made to appear to the Court on oath that the prosecution witnesses or any of Them could not have been brought before the Court before the end of that sessions. 0000001488 00000 n 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). 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