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. 1 of 2006; Sierra Leone Citizenship Amendment Act No. (4) If the case is one in which bail may not be taken, or if sufficient security is not given, the Court shall report to the Minister who may order the accused to be confined in a mental hospital, prison or other suitable place of safe custody, and the Court shall issue a warrant in accordance with such order. 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. (1) ) Every person by pleading generally the plea of "not guilty" shall, without further form, be deemed to have put himself upon his trial, and in any plea of autrefois convict or autrefois 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. 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. Sierra Leone Gazette Supplement: Acts, 1965-10-21, No. to receive the said cloth on behalf of the said J.S. 48. 251. Copies of lists to be sent to Sheriff. 61. Every Magistrate before whom any such recognizance shall be taken shall give a written notice to the person or persons entering into the same specifying the date and place at which his or their personal appearance is required, and the consequences of any failure to fulfill such obligation. (1) Where in the course of a criminal trial any member of the jury dies or is discharged by the Court as being through illness incapable of continuing to act or for any other reason, the jury shall nevertheless, subject to assent being given in writing by or on behalf of both the prosecutor and the accused and so long as the number of its members is not reduced below ten, be considered as remaining for all the purposes of that trial properly constituted and the trial shall proceed and a verdict may be given accordingly. (1) A constable may, without warrant, enter by force if necessary any premises within a Diamond Protection Area for the purpose of searching for any person whom he has reasonable grounds to believe is a stranger: Provided that the authority given by this section shall not entitle him to search for any other person or thing unless he is lawfully so entitled apart from this section. 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. 117. ii. 7. (3) In the exercise of the powers conferred upon him by his section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority. (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. Procuring obscene libel (or thing) with intent to sell or publish. Persons charged with burglary, etc., may be convicted of kindred offence. 21. If a person is confined in a mental hospital under the provisions of section 71 and the medical superintendent of such hospital certifies that, in his opinion, the accused is capable of making his defence, such accused shall be taken before the court at such time as the court appoints, to be dealt with according to law, and the certificate of such medical superintendent shall be receivable in evidence. (2)A Police Officer of or above the rank of Assistant Superintendent or the constable for the time being in charge of a Police Station is hereby authorised and empowered to take all such necessary action and do all such things as the proper and efficient execution of the provisions of this section may reasonably require. 29 The Local Courts (Amendment) Act, 1965 [1st October, 1965.] 110. 0000071036 00000 n 134. WHEREAS..(name of offender) was on theday, of..19.convicted before me of the offence of.and. 210. (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. (a) The wife or husband of a person charged with an offence under sections 48 to 55 of the Offences against the Person Act, 1861, may be called as a witness either for the prosecution or defence and without the consent of the person charged. (2) After such period as the Judge considers reasonable the jury may deliver their verdict, or state that they are not unanimous. in the House of Representatives this 23rd day of September, in the year of Our Lord one thousand nine hundred and sixth-five. (2) Every constable acting under this section shall before entering any premises by virtue of subsection (1) deliver or offer to deliver to the owner or occupier a statement in writing signed by him to the effect that he is entering the premises because he has reasonable grounds to believe that there is a stranger thereon. on theday ofand on divers days between That day andday, ofatin the Western Area Province of Sierra Leone, conspired together with intent to defraud by. (6)The accused who is to be admitted to bail shall procure such surety or sureties as in the opinion of the Court will be sufficient to ensure his appearance as and when required, and shall with him or them enter into a recognisance accordingly. (b) It shall not be necessary to aver in any information or indictment that the certificate of the Attorney-General required by this section has been given; and the fact of the same having been given shall be presumed unless disputed by the defendant at the trial; and the production of a document purporting to be signed by the Attorney-General and containing such consent and certificate shall be sufficient evidence of the consent and certificate required by this. 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. Bin Rafaah v Precious Minerals Marketing Company (Sierra Leone) Limited (CIV APP 1 of 1999) [1998] SLCA 2 (23 October . (1) Nothing herein contained shall prevent the Court from exempting any person from serving as a juror at any session or any trial for reasonable cause, a certificate bearing the signature of a Medical Practitioner setting out that any person required to attend as a juror is unable from the state of his health to do so, may, on the court being satisfied of the signature to such certificate, be received as prima facie evidence of reasonable cause. QUALIFICATIONS OF JURORS AND PREPARATIONS OF JURORS' LIST. 100. A. (2) The Minister may by order absolutely discharge any criminal lunatic and may also discharge any criminal lunatic conditionally, that is to say, on such conditions as to the duration of such discharge and otherwise as the Minister may think fit. sentenced/ordered to pay a fine/penalty of. AND WHEREAS default having been made in payment a warrant of distress has been issued, but no return has yet been made thereto: Now these are to command you to receive into your custody the saidand safely to keep him until, the..day of.19..when you shall produce him before this Court, atm unless the said sum ofbe sooner paid, on receipt of which. Additional witnesses for the defence. 198. 3. 185. (2) In every such case any sum of money due may be levied on the goods and chattels of the person ordered to pay the same by distress and sale under warrant; and in all cases in which a warrant of distress is issued by the Court under this section the Court may either suffer such person, to go at large or verbally, or by warrant in that behalf, order him to be kept in custody until return shall be made to the warrant of distress. 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. 0000002570 00000 n 217. 188. %PDF-1.3 % (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. 250. exceeding twelve months and the Court by whom such person is convicted shall Table 1. Consequences supervening or not known at time of former trial. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. Type: (3) When a person is charged with stealing any chattel, money or valuable security, and it is proved that he received the thing knowing it to have been stolen, he may be convicted of receiving although he was not charged with that offence. WHEREAS..of.has bound himself by recognisance to. This Act shall come into operation on such date as the Commencement Prime Minister may by Order appoint: Provided that the Prime Minister may if he deems it expedient either By one Order or by different Orders appoint different dates for the coming into operation of different provisions hereof. 2014 Sierra Leone Correctional Service Act o. N (4) In the absence of the Director-General, the Deputy . 0000091824 00000 n 177. 111. in the case of a public officer, the Establishment Secretary. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. The person accused of any offence may be convicted of attempt. (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. (2) A medical Practitioner, shall, on any juror producing his summons to serve, at any public hospital between the hours of eight and ten in the forenoon, and complaining of ill-health and inability to attend the session, grant him gratuitously such certificate, should he be found unfit. 96. 48. A warrant may be executed by the arrest of the accused at any place in Sierra Leone. Interpretation 2 In these rules: "Act" means The Court of Appeal Act, 2000; "application" includes a motion; "court" means the Court of Appeal; "court appealed from" includes, where appropriate, a tribunal; As soon as may be after judgment of death has been executed on the offender his body shall be examined by the Medical Officer in charge of the Prison, who shall ascertain the fact of death and sign a certificate thereof in duplicate and deliver the same to the Sheriff. September, in the year of Our Lord one thousand nine hundred and sixth-five such person is convicted shall 1. Or publish person convicted before it to pay all or any specified part of the of..., in the year of Our Lord one thousand nine hundred and sixth-five all or any specified part the... And PREPARATIONS of JURORS and PREPARATIONS of JURORS ' LIST the person accused of any offence may executed... Of offender ) was on theday, of.. 19.convicted before me of the accused any! 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