sierra leone court act, 1965 pdf

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. 348 0 obj << /Linearized 1 /O 351 /H [ 1624 268 ] /L 138060 /E 100465 /N 2 /T 130981 >> endobj xref 348 40 0000000016 00000 n Retentionist, but the Special Court for Sierra Leone does not have the power to impose the death penalty. 249. CONVICTION FOR OFFENCE OTHER THAN CHARGED. 82. En primer lugar se hace alusin a la esencia, rasgos y evolucin de las Operaciones de Paz, as como una resea del papel desempeado por Chile en ellas. B., on theday of.19at Freetown in the Western Area of Sierra, Leone, being a witness upon the trial of an action in the Supreme Court of Sierra Leone in which one.was, plaintiff, and one..was defendant, knowingly falsely swore that he was one M. N. in the street called. Download: Slone Links. Share on Facebook. 37. A. Anything so taken from an arrested person shall be produced before the Court. (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. 206. 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. But, except with the leave of the Court, the prosecutor shall not in any case be allowed to make any observations by way of reply to the evidence adduced by the accused or the defendant nor, without such leave as aforesaid, shall the accused or the defendant in any case be allowed to make any observations on evidence adduced by the prosecutor in reply. a.anything upon or in respect of which any offence has been or is suspected have been committed; b.anything which there is reasonable ground for believing will afford evidence as to the commission of any such offence, may at any time issue a warrant under his hand authorising any constable or other person named therein to enter any constable or other person named therein to enter any such building, vessel, vehicle, receptacle or place (which shall be named in the warrant) if necessary by force and to search the same and every person found therein and if anything searched for be found, to seize the same and arrest the occupier or owner of the said building, vessel, vehicle, receptacle or place if the Magistrate of Justice of the Peace thinks fit so to direct. (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. iii. 113. he, the said A. 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. PRESERVATION OF TESTIMONY IN CERTAIN CASE. 242. Challenge to the array, Peremptory challenges. OFFENCES BY NON-CITIZENS WITHIN THE TERRITORIAL SEA. Sierra Leone, enacting jurisdiction. H.J.L. 86. 2. WHEREAS.ofhas bound himself by recognisance. 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. 95. A. If the defendant does not attend upon the return, the court may forthwith issue a warrant and commit him to prison for such term as the court may then fix. (1) Whenever a Member of the House of Representatives or a public officer is, a.arrested or detained in custody upon the warrant or order of a Court; or. (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. "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. 227. During an adjournment the Court may in its discretion, according to the nature and circumstances of each case and subject to the provision of section 79, either suffer the accused or defendant to go at large or commit him by warrant to such prison or other place of security, or to such other safe custody as the Court thinks fit, or may discharge him on his entering into a recognizance with or without a surety or sureties. Teachers in public and private schools; xi. 188. Return of property found on person arrested, and release of property returned in Courts. 154. Search warrants may be executed outside jurisdiction of Court issuing them in certain cases. (3)When the whole is made conformable to what the accused declares is the truth, the statement shall be attested by the Magistrate, who shall certify that such statement was taken in his presence and hearing and contains accurately the whole statement made by the accused. (1) In this Part the expression "representative" in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing by which the representative of a corporation is by this Part authorised to do, but a person so appointed shall not by virtue only of being so appointed, be qualified to act on behalf of the corporation before any Court for any other purpose. 210. (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. 243. Particulars of Offence, A. In the event of any person liable and suitable to serve as a juror being found at any district after the lists are settled for the year, it shall be lawful for the Magistrate to place the name of such person on the list, either as a special or common juror, as the case may be, and such person shall be liable to serve as such juror till fresh lists are brought into force, and whenever any juror on the list may have become disqualified, his name shall be expunged. (3) For the purposes of this section the expressions "Diamond Protection Area" and "stranger" and shall bear the meanings assigned to them in section 2 of the Diamond Industry Protection Act. (2) In the case of persons who are charged jointly, if one or more (but not all) have elected in accordance with section 144 to be tried by the Court with the aid of assessors, he or they may withdraw that election and elect to be tried by a Judge alone provided this change of election is made before the time allowed by section 145 has expired, otherwise the change of election shall have no effect. (2)Where the accused is defended by counsel who states that he intends to call witnesses as to the facts other than the accused, the Court shall call upon the accused's counsel to open his case and shall then require the accused, if he so desires, to make his own unsworn statement or give his evidence on oath, as the case may be, and thereafter to call his witnesses (including witnesses as to character). Whenever it appears to any Court that any person dangerously ill or hurt, and not likely to recover, is able and willing to give material information relating to any offence, and it shall not be practicable to take the depositions of the person so ill or hurt . (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. (1) A Court (in this section and section 38 referred to as the Remitting Court) before which any person who is within the local limits of its jurisdiction and is charged with having committed an offence within the local limits of the jurisdiction of another Court is brought, shall unless authorised to proceed in the case, send him in custody to the Court within the local limits of whose jurisdiction the offence was committed, or require him to give security for his surrender to such last-mentioned Court, there to answer the charge and to be dealt with according to law. Download as pdf. 171. 165. 26. . (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. 29 of 1965). (2) If the accused or the defendant, as the case may be, is not before the Court when such nolle prosequi is entered, the Court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained, and also shall forthwith cause a similar notice in writing to be given to any witnesses bound over to prosecute and to their sureties (if any), and also to the accused and his sureties in case he shall have been admitted to bail. (1) Any public officer, who commits outside Sierra Leone, when acting or purporting to act in the course of his duties, 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. law of real and personal property. (3)Where for any reason whatsoever the trial of the accused cannot take place on the day named on the warrant it shall be lawful for any Judge or Magistrate to extend by endorsement on the warrant the time stated thereon. PART V - SPECIAL TRIALS TRIAL OF CORPORATIONS. 87. 12. I plead guilty to the above written charge. B. and C. D., in H.S. (2) The signature and attestation of the Judge or Magistrate by whom such statement was taken shall be sufficient. 209. (1) The Magistrate of each Judicial District shall prepare and settle a jurors' list for his area for the year commencing on the first day of January in each year in accordance with the provisions of this part. Returns to be made to trial Court and Attorney-General. DATED this.day of..19 RECOGNISANCE BOOK KEPT AT THE POLICE STATION (OR LOCKUP) AT, (1) State time and place at which accused (recognisor) is to appear before the Magistrate and the sum in which he is bound followed by his.

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