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And whereas the condition of the said recognisance has not been performed: Now these are to order you to pay the sum of.the amount of such recognisance. In the Court at. To..(person or persons who is or are to execute the warrant). 31. (2) The persons charged may object to any assessors so appointed and the Court shall refuse to allow any such assessor to sit if the grounds for such objection are substantial and reasonable. If any person knowingly and wilfully signs any false certificate or declaration required by sections 224 and 225 he shall be guilty of a misdemeanour and on conviction hereof shall be liable to imprisonment for any period not exceeding two years. 70. 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. (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. (Innuendo should be stated where necessary). of.and was sentenced to Now these are to command you to receive the saidinto your. 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 Public Seal of the Republic shall be such a device as Parliament shall prescribe. 140. Pursuant to Section 121 of the Criminal Procedure Act 1965, every sentence of death shall direct that Subject to the provisions of section 80, all arrested persons shall be brought as soon as possible before the Court having jurisdiction in the case, or the Court within the local limits of whose jurisdiction any such person was arrested. At the conclusion of the evidence for the defence counsel for the accused may address the Court and counsel for the prosecution may reply. 106. (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. In the event of a committal for trial the written charge, the depositions, the statement of the accused, his answer recorded under section 116 (if any), the recognisances of bail (if any) and any documents and things which have been put in evidence, shall be transmitted in proper time to the Supreme Court; and an authenticated copy of the depositions, documentary exhibits and statement and answer aforesaid shall be transmitted to the Attorney-General. For the issuing of a summons the information need not be put in writing or be sworn to unless the Court so directs. answer a charge of..(statement of offence): Now these are to command you to produce the said prisoner before me at atmonitoring, Day of.19, and to insure his further attendance from time to time until the said charge shall have, Affidavit of Service of Summons out of the Jurisdiction. 28. 130. 2 of 1984 13 of 1986 10 of 1989 4 of 1991 27 of 1991 3 of 1992 2 of 1996 13 of 1996 17 of 1996 143. Date of assent: 01 March 2065. Retrial of accused after discharge of jury. (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. 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. Court may direct security to be taken. Santigie Borbor Kanu (also known as Five-Five) (born March 1965) was a Sierra Leonean military commander in the Armed Forces Revolutionary Council (AFRC). Where any person has been committed for trial for any offence, the deposition of any person taken before the committing Magistrate may, if the conditions hereinafter set out are satisfied, without further proof be read as evidence on the trial of that person, whether for that offence or for any other offence arising out of the same transaction, or set or circumstances, as that offence. (2) When a person charged with any offence against section 17 of the Larceny Act, 1916 (relating to embezzlement) and it is proved that he stole the property in question, he may be convicted of stealing it although he was not charged with that offence; and when a person is charged with stealing any chattel, money or valuable security he may, in like manner, be convicted of embezzlement, or of fraudulent application or disposition as the case may be. (1) Qualifications of jurors. of: AND WHEREAS it has been reported to me that there are no sufficient goods and chattels of the, said..to satisfy the said sum and the expenses of such. 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 period ofunless the sum of, ..(as set out at the foot hereof) be sooner paid, and on the receipt thereof forthwith to set. 63. 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. Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. A person who has been committed for trial shall be entitled at any time before the trial to have a copy of the depositions on payment of a reasonable sum not exceeding four cents for every seventy-two words, or, if the Court thinks fit, without payment. 11 of 2006. No commitment for non-payment shall be for a longer period than six months, except where the law under which the conviction has taken place enjoins or allows a longer period. in the case of a public officer, the Establishment Secretary. 144. PART VI - EXECUTION OF SENTENCES CAPITAL SENTENCES. At.In the West Area of Sierra Leone murder, Statement of Offence Accessory after the fact to murder. 108. Nothing contained in sections 143 to 146 shall affect the Court's powers to order separate trials of persons who are jointly charged. (2)The Magistrate's Court enquiring into or trying any case may in its discretion at any subsequent state of the proceedings, direct the personal attendance of the defendant, and, if necessary, enforce such attendance in manner hereinafter provided. CONVICTION FOR OFFENCE OTHER THAN CHARGED. But its judicial arm of governance was under imperial rein until at least in 1965 when the Court of Appeal of Sierra Leone was birthed pursuant to the Court Act of 1965 (Act No. (1) In making an arrest the constable or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action. WHEREAS..of.has bound himself by recognisance to. 198. (2) The Supreme Court has in addition authority to cause to be brought before it any person who is within Sierra Leone if he is charged with an offence over which the Supreme Court has jurisdiction. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. Mutiny under the Sierra Leone Military Forces Act 1961 4. With the offence. DATED this.day of.19.. "(I authorise the execution of this warrant at any time. The Constitution of Sierra Leone (Amendment) Act, 1981 : being an act to amend the constitution of Sierra Leone, so as to harmonize it with the constitution of the All People's Congress, and for connected purposes : [19th November, 1981]. Where a sentence or conviction does not order the payment of money, but orders that the offender be imprisoned, the Court shall issue a warrant of commitment accordingly. B., on theday of.atin the Western Area of Sierra Leone, being clerk or servant to. (5)A Judge may, if he thinks fit, admit any person to bail although the Court before whom the charge is pending has not thought fit to do so. Legal practitioners in actual practice and all Court Officers; iv. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. (2)Except where express provision is made to the contrary, every sentence shall be deemed to commence from, and to include the whole of the day of the date on which it was pronounced. 231. 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. (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. 96. (2) Where the Judge gives no directions for the recording of his summing up or of any direction given by him, he shall prepare a statement as soon as possible according to the best of his recollection and, for the purpose of preparing such statement, may consult any notes he may have made for his summing up or for any such direction. Section 4 of the Local Courts Act is hereby amended as follows General authority of Courts to bring accused persons before them. ii. 68. 126. 87. All arrested persons to be brought before a Court without delay. (3)The statement shall not thereby become evidence of any facts alleged therein but the Judge and jury may take it into account in judging the credibility of the witness on his evidence as a whole and the prosecution and defence shall be entitled to refer to it in examining or cross-examining any witness and in addressing the Court. (2) A medical Practitioner, shall, on any juror producing his summons to serve, at any public hospital between the hours of eight and ten in the forenoon, and complaining of ill-health and inability to attend the session, grant him gratuitously such certificate, should he be found unfit. 9. A Court may, before passing sentence, receive such evidence as it thinks fit, in order to inform itself as to the sentence proper to be passed. Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act, 1916. The Court before asking the accused in pursuance of section 6 of the Courts Act, 1965, whether he consents to the case being heard and finally determined summarily, shall explain to him the difference between the case being dealt with summarily and in the usual course. Officers ; iv such a device as Parliament shall prescribe is necessary prevent... Such a device as Parliament shall prescribe at any time to section 32 ( 1 ) of the Larceny,... 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