For the purposes of sections 86 to 90. At the conclusion of the evidence for the defence counsel for the accused may address the Court and counsel for the prosecution may reply. Pilots of ships in actual practice and licensed as such; xiv. [1st October, 1965.] 90. (5)Upon receiving such report in evidence the Court shall, if it thinks such a course proper for the ends of justice, summon and examine such medical practitioner, dentist, analyst, chemical examiner, geologist, assayer, or mineralogist, or person gazetted as an examining officer in accordance with the provisions of subsection (3), as a witness or cause his evidence to be taken on commission as the case shall require. 33. 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. (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. EIGHTH EDITION. When a person is charged with murder he may, if the evidence so warrants, be acquitted of murder and convicted of manslaughter although he was not charged with that offence. When such special findings is made the Court shall order the accused or the defendant to be kept in custody as a criminal lunatic in such place and in such manner as the Court shall direct, and shall report the case for the order of the Minister. Sierra Leone has a two tier justice dispensation regime; on the one hand is the formal justice sector and on the other the informal justice sector. 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. 156. . Every challenge for cause, if objected to by the opposite party, shall be tried and determined by the Court without a jury, and the person challenged shall be examined on oath and shall be required to answer on oath, all lawful questions relating to the trial of the challenge. Penalty for signing false certificate. 154. In force: Yes. 0000005969 00000 n Payment out of money paid into court under the Exchange Control Act 10. 4. Amendment of section 78 of Act No. Order for amendment of indictment, separate trial and postponement of trial. A. (name) of(address). Assented to in Her Majesty's name this 1st day of October, 1965. 230. A. 75. postponed further proceedings in the matter: Now we hereby jointly and severally declare ourselves sureties that the said.shall be. B. has been twice previously convicted of an offence under section 22 of the Malicious, Damage Act, 1861, namely, at.on theday of..At theon the..day. 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. 251. ..(animal, matter or thing) be found. (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. Discharge of persons detained under section 215. 10 Local Courts Act 2011 No. (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. (1) The Attorney-General may order in writing that the power expressly vested in him by section 44 be vested for the time being any other Law Officer and the exercise of these powers by such other Law Officer shall then operate as if they had been exercised by the Attorney- General, so however that the power to enter a. in any proceedings preliminary to the committal of the accused for trial on indictment shall not be vested in any person other than the Attorney-General. (2)If the remand is for not more than three clear days, the Court may by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue to keep the accused in his custody, and to bring him up at the time appointed for the commencement or continuance of the said investigation. 99. The various classifications of these divisions indicate the types of cases that are heard in these courts. I,(name of accused) ofCourt on a charge, ofand required To give security to take my trial before the, said ..Court, do hereby bind myself to be and appear before the, saidCourt at ..when call upon to answer the charge. (2) If service in the manner provided in subsection (1) cannot by the exercise of due diligence be effected, the serving constable or person shall affix the same to some conspicuous part of such last or usual place of residence of the person summoned and thereupon the summons shall be deemed to have been duly served. HWnI}GXA !*#@x0@)H#sd>O{lT|9tdz>NO%y%w:2#22o}|.V7[Nd3Vipk[l1F8eY \=\iY=efO& q3|Zfqz{Ml' 'e^@1@~&Vs/ uG\$KP\ (Public Seal) Governor. (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. a.persons accused of the same offence committed in the course of the same transaction; b.persons accused of an offence and persons accused of aiding and abetting or being an accessory to or of attempting to commit such offence; c.persons accused of different offences where all such offences are founded on the same facts or form or are part of a series of offences of the same or a similar character; d.persons accused of different offences committed in the course of the same transactions. B. and C. D., in H.S. 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. While Spanish is the first official language of Puerto Rico, English is the second official language. Retrial of accused after discharge of jury. 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. CUSTOMARY JUSTICE As in many post-colonial countries, Sierra Leone has a dual legal system and this dualism is recognised in the 1965 Courts Act. The said Order of the Governor-General shall be sufficient authority in law to all persons to whom the same is directed to execute the sentence of death or other punishment awarded, and to carry out the directions therein given in accordance with the terms thereof. Issued under my hand and the Public Seal of Sierra Leone this. 182. a.to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Sierra Leone; b.to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and. 229. 196. (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. (3) Such person may pay or tender to the officer having the execution of the warrant the sum therein mentioned together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon the officer shall cease to execute the same. Where it appears to the Court that a charge is malicious, frivolous or vexatious, the Court may order the prosecutor to pay all or any specified part of the expenses of the prosecution or of the defence. 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. No person shall be exempted from serving as a common juror by reason of being marked as a special juror. d.In any of the following cases, that is to say, i.when it is uncertain in which of several Districts an offence was committed; or, ii. Information to be given to Magistrate, when required. Proof of Statement of accused in lower court. otherwise directed by me, he may be released. (1) Subject to the provisions of rules made under section 50, charges for more than one felony or for more than one misdemeanour, and charges for both felonies and misdemeanours may, if those charges are founded on the same facts or form or are a part of a series of offences of the same or a similar character, be joined in the same complaint, information or indictment and tried at the same time, but where under the provisions of this section a felony is tried together with a misdemeanour in the Supreme Court, then if the trial is with a jury, the jury shall be sworn and the person accused shall have the same right of challenging jurors as if all the offences charged in the indictment were felonies. (1) Subject to subsection (2), proceedings for the trial of any person, who is not a citizen of Sierra Leone for an offence committed within the territorial sea of Sierra Leone, shall not be instituted in any court except with the consent of the Attorney- General and upon his certificate that it is expedient that such proceedings should be instituted. In the.Court at. To..(name of prosecutor or witness) of.(address), Take notice that you are bound in the sum of..leones to appear at the, ..sessions of the Supreme Court to be holden atand unless you personally make. In the Case - SLAJ vs The State of Sierra Leone, the journalists' association argued that Part V of the 1965 Public Order Act contravenes Section 25(1) of Act No 6 of the 1991 Constitution of Sierra Leone. 0000006358 00000 n A. 242. 0000035136 00000 n (3)Variance between the information and the evidence adduced in support of it with respect to the time at which the alleged offence was committed is not material, if it is proved that the information was in fact made within the time, if any, limited by law for the making thereof. 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. (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. In the case of the inability of the Magistrate from any cause to perform the duties and to exercise the powers and authorities conferred by this Act, the Chief Justice may, from time to time, appoint in writing any other person to perform the said duties and to exercise the said powers and authorities. 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