Private person may arrest without warrant. Benin Constitutional Court declared four articles of the nationality code to . DECLARATION OF EXECUTION OF JUDGMENT OF DEATH, We, the undersigned hereby declare that judgment of death was this day executed onin. B. was then authorized by the said J.S. 195. (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. On the 1st day of December in every year each Magistrate, together with such Justices of the Peace in his Judicial District as may be able to attend, shall hold a public sitting in the Court House of his district, for considering and disposing of all such notices as he shall have then received, and shall then revise and settle the lists by the addition to, or taking away therefrom, of names, and by correcting any error as to the names, occupations or places of residence, and the nature of the qualification of any persons included therein. 76. vii. 0000010705 00000 n .fine or any part thereof: Now these are to command you to receive the saidInto your custody together with this, warrant, and him safely to keep in the said prison for the said period of.unless the said. No. (2)A representative may on behalf of the corporation make a statement before the Court in answer to the charge. 145. 191. 142. (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. Deposition of medical practitioner may be read as evidence. 100. (9) Where a previous conviction of an offence is charged in an information or indictment it shall be charged at the end of the information or indictment by means of a statement that the accused has been previously convicted of that offence at a certain time and place without stating the particulars of the offence. 6. 206. ARREST GENERALLY 4. 121. WHEREAS.(name of offender) was on the.day, of19..convicted before me of the offence of..and. 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. 183. (2)The Principal Immigration Officer shall during the first week of August in each year furnish the Senior Police Magistrate in Freetown, with a list of names of all aliens known to him to be resident in the Western Area. When a person is accused of the commission of an offence at sea or elsewhere out of Sierra Leone, which. 72. (2) Indictments signed by a Law Officer, otherwise than at the instance of any other person, shall have priority of hearing, and shall be heard in the order they are presented by the Attorney-General or his representative, and no jury or assessors shall be empanelled or selected for any such case until it has been so presented. (1) After the summing up, the jury shall consider their verdict, and for that purpose may retire. 249. 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. Certificate required by section 141, Criminal Procedure Act 1965. At(place) at. (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. 227. 83. 221. (2)The Court may set aside any conviction made in the absence of the defendant upon being satisfied that his absence was due to causes over which he had no control, and that he has a probable defence upon the merits. 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. 124. In any information or indictment against any person in which evidence of the previous conviction, or acquittal of such person for any offence is relevant to the issue, a certificate containing the substance and effect only (omitting. When constable may arrest without warrant. The Court upon committing an accused person for trial may bind by recognizance, with or without a surety or sureties, as it may deem requisite, the prosecutor and every witness to appear at the trial to prosecute and give evidence or to give evidence (as the case may be). 4 201 No. In the.Court at. 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. 24. This form must be used when as offence with which the defendant is charged is punished only by a fine. to a dwelling house, one F. G. being therein. Acting Clerk of the House of Representatives. The conditions hereinbefore referred to are the following, a. the deposition must be the deposition of a witness whose attendance at the trial is stated to be unnecessary in accordance with the provisions of section 127, or of a witness who cannot be found, or whose attendance cannot be procured without an amount of delay, expense or inconvenience which in the circumstances of the case, the court considers unreasonable, or who is proved at the trial by the oath of a credible witness to be dead or insane, or so ill as not to be able to travel, or to be kept out of the way by means of the procurement. 86. 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. 31. Retrial of accused after discharge of jury. B.and C..D. were then carrying on a genuine business as jewelers at.in the Western Area of Sierra. 129. When an accused person is arrested under a warrant endorsed for bail as provided by section 29. (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. (1) When any person is convicted of an offence and the facts constituting the offence amount also to a tort against the person or property of the prosecutor, the Court before which such person is convicted may, on the application of the prosecutor and after taking any such further evidence as it deems necessary, order the person convicted to pay the prosecutor such sum as appears to the Court to be reasonable compensation (not exceeding in the case of a summary conviction one thousand Leones) in addition to or in lieu of any other punishment. 213. (1) Where upon the arrest of a person charged with an offence any property is taken from him, the Court before which he is charged may order that the property or a part thereof be restored to the person who appears to the Court to be entitled thereto. 36. Section 47 of the principal Act is hereby amended by the insertion immediately after the word "makes" in the third line thereof, of the following words "or cases to be made". If the accused or the defendant adduces in his defence any evidence other than evidence as to character, the prosecutor may adduce evidence in reply thereto. b.it must be proved at the trial either by a certificate purporting to be signed by the Magistrate before whom the deposition purports to have been taken or by the clerk to such Magistrate, that the deposition was taken in the presence of the accused and that the accused or his advocate had full opportunity of cross-examining the witness; c.the deposition must purport to be signed by the Magistrate before whom it purports to have been taken: Provided that the provisions of this section shall not have effect in any case in which it is proved, i.that the deposition, or, where the proof required by paragraph (b) is given by means of a certificate, that the certificate was not in fact signed by the Magistrate by whom it purports to have been signed; or. Declaration of execution by Sheriff. (1) If the accused or the defendant does not admit the truth of the charge or the Court refuses to accept a plea of guilty, the Court shall proceed to hear the prosecutor and his witnesses and other evidence, if any. In accordance with the Courts Act, No 31 of 1965, Sierra Leone is constituted into Judicial Districts, and Section 4 of the Act states that there shall be constituted Magistrates' Courts in and for every judicial district. 47. 49. 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. 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. A draft arbitration act has been proposed by the Law Reform Commission but it is several stages away from being passed by Parliament. Uttering forged document, contrary to section 6 (1) (2) of the Forgery Act, 1913. Governor-General to make decision and communicate the same to the Judge. (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. But that whatever you shall now say may be given in evidence notwithstanding such promise or threat. (2)A licence may be in such form and may contain such conditions as the Governor-General may direct. At the conclusion of the evidence for the defence the accused shall be permitted to sum up his case to the Court and counsel for the prosecution shall be entitled to reply. (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. When the jurors are ready to be sworn, the Registrar or other officer of the Court shall address the accused person as follows. OFFENCES BY NON-CITIZENS WITHIN THE TERRITORIAL SEA. Having, heard the evidence do you wish to say anything in answer to the charge (or charges)? Sets forth provisions relating to the formation and . 41. Exemption of districts from returning jurors. If any of such persons cannot be found, the Sheriff shall obtain so many additional names drawn in the aforesaid manner as may necessary to make up the jurors to the proper number, and shall issue summons to such persons in like manner. Arrest how made. (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. (2)A count of an information or indictment shall commence with a statement of the offence charged, called the statement of offence. i. 128. Sentence of death shall not be pronounced or recorded against a person convicted of any offence if it appears to the Court that at the time when the offence was committed he was under the age of eighteen years; but in lieu thereof the court shall sentence him to be detained during Her Majesty's pleasure and if so sentenced, he shall be liable to be detained in such place and under such conditions as the Governor-General may direct, and whilst so detained shall be deem to be in legal custody. By Major (Retired) Dr. Ishmail Pamsm-Conteh Sierra Leone's Parliament on 23 July 2020 amended The Public Order Act of 1965, (the Act No.46 of 1965). 19. (5) The description or designation in an information or indictment of the accused or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him without necessarily stating his correct name, or his abode, style, degree or occupation, and if owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, shall be given as is reasonably practicable in the circumstances, or such person may be described as "a person unknown". Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. 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.". (2)Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. Any person may arrest without a warrant -. Your are not obliged to say. Appointment of other persons to perform duties of Magistrate. (3) Disqualification of jurors. 145. 34. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. 169. SCOPE The death penalty can be imposed for the following civil and military crimes: Treason and related offences under the Treason and State Offences Act 1963; Murder under the English common law and section 121 of the CPA No 32 of (3)If the defence does not employ counsel, the Court shall, at the close of the examination of each witness for the prosecution, ask the accused or the defendant whether he wishes to put any questions to that witness. (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. You are not obliged to say anything unless you desire to do so but whatever you say will be taken down in writing and may be given in evidence upon your trial. 94. 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. The law, the draft of which was tabled in Parliament under a "certificate of urgency" signed by Sierra Leone's President, appears to have been necessitated by a July 13, 2008, incident in which a South American aircraft filled with cocaine landed in a Sierra Leonean airport, serving as a wake-up call that current laws were out of date. (3) Any person may be proceeded against, tried and punished for an offence under this section in any part of Sierra Leone in which he is apprehended or is in custody as if the offence had been committed in that part of Sierra Leone and the offence shall for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that part of Sierra Leone. 0000014786 00000 n 173. It furthers the University's objective of excellence in research, scholarship, and education . Sierra Leone, enacting jurisdiction. m ment of minor correctional centre offences by junior or h nate officers. 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. Subject to the provisions of the Courts Act, 1965, and to the powers of transfer conferred by the section 43, the place for the investigation and trial of offences by Courts other than the Supreme Court shall be determined according to the following rules. 97. 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. The Parliament of Sierra Leone on July 23, 2020 unanimously approved the Independent Media Commission (IMC) Act 2020 and repealed the 1965 Public Order Act (POA) that criminalized libel and sedition in what has been hailed as a historic moment for the media in the country. 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