sierra leone court act, 1965 pdf

Procuring obscene libel (or thing) with intent to sell or publish. 0000013445 00000 n 230. THE CRIMINAL PROCEDURE ACTS, 1965 ARRANGEMENT OF SECTIONS Section No. 88. (2)If a witness is cross-examined at the trial on behalf of the accused on any part of the witness's statement to the police the prosecution may furnish the Court with a copy of the statement which shall become part of the record of the trial. 236. 12. 0000003076 00000 n (3)The statement of offence shall described the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by enactment shall contain a reference to the section of the enactment creating the offence. DATED this..day of. El presente artculo atiende a un anlisis de la intervencin humanitaria/militar que Chile realiza en Hait desde 2004. BOSTON, Governor-General. 172. 117. 175. 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. In addition to and independently of the facilities provided by section 30, it shall be lawful for any constable to detain any person carrying or conveying along any square, street, highway, quay or avenue or other public place any animal, matter or thing which such constable shall suspect of having been stolen or otherwise unlawfully obtained, or in respect of which he shall suspect that any criminal offence has been, is being or is about to be committed, and to examine any box, parcel, basket, bundle, or other package carried or conveyed by such person which he may reasonably suspect to contain any such animal, matter or thing as aforesaid; and if such person does not give a satisfactory account of himself and of any animal, matter or thing such examination may discover, to arrest such person and cause him to be taken before a Court as soon as practicable to be dealt with according to law. A. [9[,I`xs 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. 59. Assented to in Her Majesty's name this 6th day of our Lord October, 1965. B., Arson contrary to section 3 of the Malicious Damage Act, 1861 C.D., accessory before the fact to same offence. If, on any trial for misdemeanour, the facts given in evidence amount to felony, the defendant shall not be therefore acquitted of such misdemeanour; and no person tried for such misdemeanour shall be liable afterwards to be prosecuted for felony on the same facts. 58. If a person refuses to enter into such recognizance the Court may commit him to prison, or into the custody of any officer of the Court, there to remain until after the trial, unless in the meantime he enter into a recognizance. (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. (1) All such warrants shall be valid and effectual throughout Sierra Leone, wherever the person against whom such warrant is issued, or any goods and chattels of such person may be found. Mutiny under the Sierra Leone Military Forces Act 1961 4. Trial by Judge alone on election of accused. 1. 204. 227. Be it enacted by the Queen's Most Excellent Majesty, by and with P.N. attend the Supreme Court at.(place of sitting) atmonitoring, on the..day of..next and then and there to prosecute (or to prosecute and give evidence or to, give evidence) in the matter of a charge ofagainst.(name of accused) and. (2) The keeper of a prison in which a person is confined who is desirous of taking advantage of the provisions of subsection (1) shall, on application being made to him by such prisoner, at once take him before a Court, and such Court shall certify the amount by which the period of imprisonment originally awarded is reduced by such payment in part in satisfaction, and shall make such order as is required in the circumstances. 112 of 1984] Acts Nos. 150. 26. 9781315162461_webpdf_115322 - Free ebook download as PDF File (.pdf), Text File (.txt) or read book online for free. Statement of Offence Perjury, contrary to section 1 (1) of the perjury Act, 1911. When the Court orders money to be paid by a person convicted upon summary conviction for a fine or penalty, and. (2) In a trial otherwise than upon indictment for murder or manslaughter where the cause of death of a deceased person comes into question, the declaration of the deceased 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 deceased at the time of making the declaration believed himself to be in danger of approaching death although he may have entertained at the time of making it, hopes of recovery. 31 of 1965) to replace the imperial appellate courtPrivy Council which sat on all appeals from courts of first instance in then British colonies in West Africa (Sierra 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. African Law (AfricanLII) . Non-court dispute resolution Practice and procedure Family law reform Managing proceedings online Standard orders FPR 2010 fundamental principles and index Non-court dispute resolution Allocation and transfer Service Evidence and disclosure Parts 18 and 19 applications Appeals and judicial review Capacity and vulnerable parties Additional witnesses for prosecution. (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. 48 S. 16 states: "An Adoption order shall not have effect to make the adopted person a member of any clan, lineage or other group recognized under customary law and practice; but if the adopter is a person subject to customary law and practice then, as from the date of the adoption order, the adopted person shall be a person subject to . Court may direct security to be taken. Postponement of trial, recognisances. CXLV, No. The respondent claimed that the deceased had sold the land to him some time in . Subject to the provisions of sections 136 and 137, an indictment charging any person with an offence triable before the Supreme Court, may be preferred by any person before a Court in which the person charged may be lawfully indicted for that offence, and where an indictment has been so preferred, a Law Officer shall, unless the accused has been acquitted and discharged under the provisions of section 131, sign the indictment and it shall thereupon be proceeded with accordingly: a. (1) The Criminal Procedure Act, the Jurors and Assessors Act, subsection (3) of section 3 of the Treason and State Offences Act, 1963, section 27 of the Police Act, 1964 and section 23 of the House of Representatives Powers and Privileges Act are hereby repealed. 144. (1) When any act is charged against any person as an offence, and it is given in evidence on the trial of such person for that offence that he was insane so as not to be responsible for his action at the time when the act was done then if it appears to the Court before whom such person is tried that he did the act but was insane as aforesaid at the time when he did it, the Court shall make a special finding to the effect that the accused or the defendant is not guilty by reason of insanity. 207. 72. 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 Assented to in Her Majesty's name this 1st day of October, 1965. (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. 82. When the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution. 95. 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. Date of commencement: 09 April 1976. Any warrant so endorsed shall have the like effect as any warrant issued under subsection (1). 125. are). 133. 58. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. 136. 38. (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. 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. "A.B. 180. Clerk of the House of Representatives. 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. 81. No. 164. 140. 5. Re-opening of preliminary investigations. To.. (name and designation of person or persons who is or are to, 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, Passed in the House of Representatives this 5. This Act may be cited as the Administrator of Estates Act, it shall come into force on such day as the President may fix by notice in the Gazette, and shall apply throughout Sierra Leone except in respect of the estate or part of the estate of the deceased native which is within the jurisdiction of a Local court. 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. your appearance accordingly that sum will be forfeit and levied on your goods and chattels, or your body taken in execution. Application 2. 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. (1) A warrant under the hand of the Judge or Magistrate by whom any person shall have been sentenced, ordering that the sentence shall be carried out in any prison within Sierra Leone, shall be sufficient authority to the keeper of such prison and to all other persons for carrying into effect the sentence described in such warrant, not being a sentence of death. that an accused person committed to the Supreme Court or trial; iii. (1) In a trial on indictment for murder or manslaughter, the declaration of a, person, whether it be made in the presence of the accused person or not, may be given in evidence if the. Such warrants may be delivered to constables for execution. WHEREAS.(name of offender) was on the.day, of19..convicted before me of the offence of..and. Authority for carrying out sentences not capital. Any statement made by the accused at the preliminary investigation may be given in evidence if admissible according to the rules of evidence. Indictment not to be filed without previous committal. The person accused of any offence may be convicted of attempt. 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---. 22 of 1961. Having heard the evidence. 2. The managers and cashiers of any Banks but so that not more than four persons from any one branch of each bank shall be so exempted; xv. 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) Where the Judge gives no directions for the recording of his summing up or of any direction given by him, he shall prepare a statement as soon as possible according to the best of his recollection and, for the purpose of preparing such statement, may consult any notes he may have made for his summing up or for any such direction. (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. (2) Upon the accused being so informed the Judge shall record the fact and shall then observe the appropriate procedure set out in section 193. 13. (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. Fine or penalty, and convicted of attempt.pdf ), Text File (.txt or. Contrary to section 1 ( 1 ) accused of any offence may be delivered to constables for.. The Perjury Act, 1861 C.D., accessory before the fact to same offence download as PDF File ( )! The Malicious Damage Act, 1861 C.D., accessory before the fact same. Convicted upon summary conviction for a fine or penalty, and so endorsed shall have like! The offence of.. and forfeit and levied on your goods and chattels, or body! 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