0000091824 00000 n 45. Sierra Leone, enacting jurisdiction. Westmoreland Street, Freetown, on the.day of19 A. WHEREAS.(name of accused) has the day appeared before me charged with. 108. Trial not to be continued in certain cases. (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. 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. 178. (2)Such warrants issued by any Magistrate's Court shall be enforce by the Magistrate of the district in which the person against whom such warrants or any goods and chattels of such person, may be found. Transfer and discharge of criminal lunatics. Competency of person charged and husband or wife of person charged to give evidence. 15. 129. "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". 42. your appearance accordingly that sum will be forfeit and levied on your goods and chattels, or your body taken in execution. QUALIFICATIONS OF JURORS AND PREPARATIONS OF JURORS' LIST. 84. Privilege of persons committed for trial. Any compensation or expenses awarded under section 54 to 57 or paragraph (b) of subsection (1) of section 60 shall not be regarded as a penalty, but shall be recoverable as a judgment debt in the Court by which the order for payment is made: Provided that nothing in this section contained shall in any way affect or limit the powers conferred upon the Court by sections 59 and 60. 0000003971 00000 n Available Online Formats Add to Basket Items Details b)by the insertion immediately after the word "of' in the third line of subsection (3) thereof of the words "not more than". 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. Of 19.The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. 5. M 4/T. 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. 0000003076 00000 n a.by substituting in the second line thereof for the words "measuring, photographing and taking of fingerprint impressions or other" the words "and making of"; b.by deleting in lines 9 and 10 thereof the words "measurements, photographs, fingerprint impressions or other.". A. 0000012053 00000 n 29 of 1965). (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. 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. QUALIFICATIONS OF JURORS AND PREPARATION OF JURORS' LIST. (1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence. hospital/prison atas a criminal lunatic until further order. 77. BOSTON, Governor-General. 193. A.B., on the..day of..atin the Western Area of Sierra Leone, fraudulently, converted to his own use..Province or benefit certain property, that is to say, the sum of Le400 received by. Additional witnesses for the defence. "Civil Marriage" means a marriage which is recognized by the law of the place where it is contracted as the voluntary union for life of one man and one woman to the exclusion of all others; "husband and wife" means a husband and wife of a Civil marriage, as defined in this section; "Mohammedan Marriage" means a marriage entered into and subsisting between persons professing the Mohammedan faith which is valid according to Mohammedan Law or registered under the Mohammedan Marriage Act or any law governing the registration of such marriage in any other country. Upon the receipt of the search warrant and of all the things seized thereunder the Court, Judge, Magistrate or Justice of the Peace may make an order as to the immediate custody of the said things and, at any time thereafter, may make such an order as to their disposal as may seem proper. 8. 212. If the statement taken in writing under section 61 relates or is expected to relate to an offence for which any person is under a charge or committal for trial, reasonable notice of the intention to take the same shall be served upon the prosecutor and accused, and if the accused is in custody, he shall be brought by the person in whose charge he is, under an order in writing of the Court, to the place where the statement is to be taken. The Sheriff or Deputy Sheriff shall, as soon as may be after having received a copy of the indictment and notice of trial, and three days at least before the day specified therein for trial, or within such lesser time as the Court may for good cause order, by himself or other person authorized by him, deliver to the party charged the said copy and notice and explain to him the nature and exigency thereof, and when the said party is not in custody or shall have been admitted to bail and cannot readily be found, he shall leave a copy of the said indictment and notice of trial with some person of his household for him, at his dwelling house and if none such can be found, shall affix the said copy and notice to the outer or principal door of the dwelling house of the party charged: a.in any such case where an indictment is signed and filed without previous investigation and committal for trial, the accused shall be entitled to at least seven days notice as aforementioned; b.nothing herein contained shall prevent any person in custody or awaiting trial at the opening of or during any sessions, from being tried thereat, if he shall have been served with a copy of the indictment and notice of trial not less than three days or seven days, as the case may be, before the date on which he is to be tried; c.such last-mentioned period of three days or seven days may be reduced to a shorter period, if any such person shall express his assent thereto and no special objection be made on the part of the Crown. district of.. Now these are to command you to convey the said ..toand to, produce him before the.. (Magistrate) at..there to be dealt with according, WHEREAS application has been made to His Lordshipunder section 43 of the Criminal, Procedure Act, 1965, by me..(named of accused) a person accused of the offence of, AND WHEREAS it has been further ordered that I, the said ..(accused), shall enter into a bond, with surety that I shall, if. 245. Falsification of accounts, contrary to section 1 of the Falsification of Accounts Act, 1875. Whenever the jury is discharged, the accused person shall be detained in custody or released on bail, as the case may be, and shall be tried by another jury. 74. DATED this.day of.19 (This warrant may been endorsed as follows), If the said.shall enter into a recognisance himself in the sum of. 34. 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. E-Book Overview. 150. 181. One of the sections so applied is 14 which imposes restrictions on, and relief against, forfeiture of leases. 94. 78. b)by the substitution for the words "six months" in lines two and three thereof of the words "one yeaf'. DATED thisday of.19.. (1) Unless otherwise ordered by the Court, the jury shall return a verdict on all charges on which the accused is tried, and the Judge may ask them such questions as are necessary to ascertain what their verdict is. 122. Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. (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. 1 The Local Courts (Amendment) Act, 2014 "Qualification for appointment as Local Court Chairman" 2 ACT Supplement to the Sierra Leone Gazette Vol. It shall be lawful for the Court, upon the application of the prosecutor or the defence, if the Court considers that there is sufficient cause for the delay, to postpone the trial of any accused person to the next sessions of the Court to be held at the place where the Court is sitting at the time of such application being made, or to subsequent sessions, or to a sessions to be held at a time and place to be named at the time of granting such postponement; and to respite the recognisances of the prosecutor and witnesses, in which case the respited recognisances shall have the same force and effect as fresh recognisances to prosecute and give evidence at such subsequent sessions would have had. 194. Death sentence not to be passed on pregnant woman. 151. (1) Every warrant of arrest shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it. (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. 91. 26. 2198-2227 PDF of Act. A warrant shall remain in force until cancelled or executed. (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. 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. With the offence. B., on theday of.atin the Western Area of Sierra Leone, being clerk or servant to. The following is read by the Magistrate and explained to the accused. 179. (4)Such book shall belaid before the Magistrate present at the time when and place where the recognisor is required to appear, and such Magistrate may enlarge the recognisance to such further time as he may appoint. (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. 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'. 43. Powers of Director of Public Prosecutions. Being An Act to Consolidate and Amend the Law Relating to Criminal Procedure. (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. 42. your appearance accordingly that sum will be forfeit and levied on your goods and chattels, or body! 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