When in the case of a trial before a judge with assessors the accused has pleaded to the indictment or, in the case of trial by jury, the accused has been given in charge of the jury, counsel for the prosecution shall open the case. f^MaZIZ%XvRKF=@/v+'@_Vi{4QEi}I1jvn/ wO.U Ra -'Z^p7>Cv O+n@uyLi#h-R, v| j lsb#s!rmKQEPo#i*R_u5.&mt7Nxc8;-[c@qX9p\HNIvp@u[m=z8-t1oO/iR [4FGm2, o{pwWM@{le,V$9&1GsHO;= The lease in s question was made in May 1962. (2) It shall not be necessary, in any count charging an offence constituted by an enactment, to negative any exception. (2)The accused or defendant may put questions to each witness produced against him, and the answer of the witness thereto shall be part of his evidence. If a Sessions shall be held at any place for which a jurors' list may not have been prepared under this Act, the Sheriff may prepare a temporary jurors' list for the purposes of such sessions, and all the provisions of this Act shall, as far as applicable, apply in the case of the persons whose names are entered, whether as common jurors or as special jurors upon such temporary list. (3)If a Magistrate's Court imposes a fine on a defendant whose personal attendance has been dispensed with under this section and the fine is not paid within the time prescribed, the court may forthwith issue a summons calling upon the defendant to show cause why he should not be committed to prison. (2) An adjournment ordered for any reason shall be made to a certain time and place appointed, and stated at the time of adjournment in the presence and hearing of the parties. 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. (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. Download as pdf. National Land Commission Act, 2022 (Act 19 of 2022) Arbitration Act, 2022 (Act 18 of 2022) . 248. Exemption of districts from returning jurors. 141. FAO organizational chart; Regional Office for Africa; Regional Office for Asia and the Pacific; Regional Office for Europe and Central Asia; Regional Office for Latin America and the Caribbean 60. 2. (1) When, in a case tried with assessors, the case on both sides is closed, the Judge may sum up the evidence for the prosecution and defence, and shall then require each of the assessors to state his opinion orally, and shall record their opinion but the decision shall be vested exclusively in the Judge. Trial by Judge with the aid of Assessors or by Judge alone at instance of the Attorney-General. When by accident or mistake a wrong verdict is delivered the jury may, before or immediately after it is recorded, amend the verdict, and it shall as ultimately amended. CXLV, No. (4)Any person who shall refuse to submit to the taking and recording of his photographs, measurements, thumbprints or fingerprints shall be taken before a Magistrate who, on being satisfied that such person has been prosecuted and charged before any court with an offence involving fraud, dishonesty or violence or is reasonably suspected of having made a thumbprint or fingerprint likely to become an exhibit in a criminal case, shall make such order as he thinks fit, authorising a constable to take the measurements, photographs, thumbprints and fingerprints of such person. 161. Notices to be given in certain cases. BINDING PROSECUTOR AND WITNESS BY RECOGNISANCE. 219. 6 of the Convention Saving clause as to legality of execution. The Laws of Sierra Leone on the Sierra Leone Web. (2) Except with the leave of the Court, no person other than a juror shall speak to or hold any communication with any member of the jury while the jury are considering their verdict. It turns out that an overwhelming majority of Sierra Leoneans oppose higher taxes, even though it is widely agreed that public service provision is very poor in the country. of Act No. 12, pp. Section 4 of the Local Courts Act is hereby amended as follows. 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; ii. Expenses of commitment .. 5. 19.. To all to whom these presents shall come: I,..Governor-General of Sierra Leone send greeting. making known your authority and demanding admission. No judgment shall be stayed or reversed on the ground of any objection, which if stated after the indictment was read to the prisoner, or during the progress of the trial, might have been amended by the Court, nor because of any informality in swearing the witnesses or any of them. All such amendment shall be made upon such term as the Court shall seem just. 148. Private person may arrest without warrant. I,.(name and designation), make oath and say as follows:-, At or aboutm. in the.noon of theday of19, I personally, served upon..(name of person summoned) by.(state method of service) a summons issued, by(issuing Court) in the matter of.(prosecutor) versus.(accused) wherein the. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry . 3. The Constitution also established the Police Force of Sierra Leone, "the Head of which shall be the Inspector-General of Police". 0000001892 00000 n 228. Power to take offensive weapons or property of evidentiary value from arrested persons. 42. Its value as a juridical weapon has been recently demonstrated by the historic achievement of the West African State of Sierra Leone in the prosecution and conviction by the United. Privilege of persons committed for trial. INTRODUCTION The Rule of Law and Due Process have been the distinguishing factor which upholds the democratic tenants and constitutionality of states across the world, and it ensures that governments and the governed coexist in a healthy and responsible manner which oils the wheels of the state, and aids its productivity legally, 668dd-668ee; Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a CCP for each national wildlife refuge. b.by way of compensation or otherwise under sections 54 or 60. the Court may either order immediate payment, or allow time for payment, or direct payment to be made by instalments. 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. Issued under my hand and the Public Seal of Sierra Leone this. 0000006358 00000 n 188. WHEREAS.(name of offender) was on the.day, of19..convicted before me of the offence of..and. With the offence. 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. When statement may be used in evidence. 166. 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. 77. (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. Part 4 provides for indictment and trial in . Search without a warrant in cases where articles are being conveyed, etc. Pursuant to the Employers and Employed Act, Chapter 212, modifies damages court may award in the case of an employment contract breach. Submit. The Literary Theory Handbook introduces students to the history and scope of literary theory, showing them how to perform literary analysis, and providing a greater understanding of the historical contexts for different theories.. A new edition of this highly successful text, which includes updated and refined chapters, and new sections on contemporary theories Upon taking these steps the Court shall proceed to hear and finally determine the matter in accordance with the provisions of Part II relating to summary trials. 140. BOSTON, Governor-General. 72. SNi`U~? 7. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. the said Court sentenced to suffer death: AND WHEREAS it is in my judgment expedient that the Queen's mercy should, on the conditions hereinafter mentioned, be extended to the said. NOW, THEREFORE, by virtue and in exercise of the said powers in this behalf vested in me by the Constitution, I, do hereby in Her Majesty's name and on Her behalf grant unto the, said..Her Majesty's pardon for the offence whereof he stands so convicted as, aforesaid, on condition that the said..shall be kept imprisoned for the rest of his life/a. 73. General authority of Courts to bring accused persons before them. E. M., on the..day of.At.in the Western Area of Sierra Leone, sold, uttered, and. 104. (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. Except where the person arrested is in the actual course of the commission of a crime or is pursued immediately after escape from lawful custody, the constable or other person making the arrest shall inform the person arrested of the cause of the arrest, and if the constable or other person is acting under the authority of a warrant, shall notify the substance thereof to the person to be arrested, and if so required shall show him the warrant. 140. The repeal of the law has been celebrated by many, including lawyers, journalists and even politicians. The failure of any person charged with an offence, or of the wife or husband, as the case may be, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution. (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 person charged with murder or treason shall not be admitted to bail, except by a Judge. 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. (3) This section shall not prejudice or affect the trial of any act of piracy as defined by the law of nations. (1) In any criminal case, and at any stage thereof before verdict or judgement, the Attorney-General may enter a, 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. 151. 159. the offence may enquired into and tried in any one of such Districts. 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