ACT ii

Supplement to the Sierra Leone Gazette Vol. CLXV, No. 82

INSTITUTING PROCEEDINGS IN THE MAGISTRATE'S COURT
dated 10th October, 2024
18. Instituting proceedings.
19. Summons or warrant.
20. Issue of warrant
THE CRIMINAL PROCEDURE ACT, 2024 21. Service of summons.
22. Proof of service outside jurisdiction.
PART 1–PRELIMINARY 23. Power to dispense with personal attendance of defendant.
24. Warrant when issued.
1. Commencement. 25. Where summons not obeyed.
2. Interpretation. 26. Form, content, duration and execution of warrant.
3. Application of Act. 27. Removal and bail.
28. Court may direct security to be taken.
PART II - GENERAL PROVISIONS ARREST GENERALLY
29. Issuance of search warrant and proceedings under warrant.
4. Notice to be given of arrest.
30. Search without warrant in cases where articles are being conveyed, etc.
5. Mode of arrest.
31. Sections 29 and 30 not applicable to postal, telecommunications, and data
6. Search of place for person to be arrested.
collection establishments.
7. Procedure where entry not obtainable.
8. Power to break open to liberate. 32. Return of search warrant.
9. Power to take offensive weapon or other object of evidential value. 33. Execution of search warrant.
10. Medical examination in the case of offence against the person.
11. Power to order body search. GENERAL AUTHORITY OF THE COURTS
12. Arrested person to be brought before a Court without delay. 34. General authority of Court to bring defendant before it.
35. Defendant to be remitted or brought in certain cases to another Court.
ARREST WITHOUT WARRANT 36. Removal under warrant.
13. Private person may arrest without warrant.
14. Person arrested to be handed over to police. PLACE OF ENQUIRY AND TRIAL
15. Police Officer may arrest without warrant. 37. Offence inquired into in any part of Sierra Leone.
16. Refusal to give name or place of residence. 38. Trial of cases by Court other than High Court.
17. Suspect to be informed of cause of arrest. 39. Offence committed on a journey.
40. Offence committed at sea or out of Sierra Leone.
 No. 8 The Criminal Procedure Act 2024 iii iv No. 8 The Criminal Procedure Act 2024

41. Offence by public officers abroad and on an aircraft. PRESERVATION OF TESTIMONY IN CERTAIN CASES
42. Power of High Court to transfer committal proceedings and other criminal 58. Power to take depositions of persons dangerously ill.
cases. 59. Notices to be given in certain cases.
43. Power of Judge to transfer cases. 60. Transmission of statement.
44. Notice of intention to make application to transfer. 61. Statement may be used in evidence.

CONDUCT OF CRIMINAL PROCEEDINGS. WRITTEN STATEMENTS AND DEPOSITIONS

45. Attorney-General and Minister of Justice may enter nolle prosequi. 62. Written statements and depositions.
63. Written statement or deposition of medical practitioner may be read as
evidence.
PREVIOUS ACQUITTAL OR CONVICTION 64. Statement of defendant at committal proceedings.
46. Person convicted or acquitted. 65. Signature and attestation of Magistrate.
47. Consequences supervening or not known at time of former trial. 66. Dying declaration.
48. Proof of previous conviction. 67. Certain scientific report to be evidence.

RULES AS TO INFORMATION AND INDICTMENT

49. Information or indictment. DEFENCE OF UNSOUNDNESS OF MIND
68. Inquiry by Court.
JOINDER OF CHARGES AND DEFENDANTS 69. Defendant appearing to be of sound mind at committal proceedings.
50. Joinder of charges and defendants. 70. Defence of insanity.
71. Periodical report on criminal lunatic.
COMPENSATION AND COSTS 72. Transfer and discharge of defendants of unsound mind.
51. Compensation may be ordered. 73. Resumption of trial or investigation.
52. Costs payable by party convicted. 74. Certificate of medical officer to be evidence.
53. Costs to be paid by complainant in certain cases. 75. Trial to be discontinued in certain cases.
54. Payments to parties.
55. Recovery of damages, etc. ADMISSION TO BAIL
76. Admission to bail by Judge or Court.
RESTITUTION OF PROPERTY 77. Admission to bail by Police Officer.
56. Return of property found on person arrested.
57. Restitution of property stolen or its value.
 No. 8 The Criminal Procedure Act 2024 v vi No. 8 The Criminal Procedure Act 2024

CONVICTION FOR OFFENCE OTHER THAN THAT CHARGED 103. Non-appearance of defendant in answer to summons or after adjournment.
78. Person charged with an offence may be convicted of attempt. 104. Procedure on plea of not guilty.
79. Conviction of manslaughter on a charge of murder. 105. Defence.
80. Conviction of assault with intent to rob on a charge of robbery. 106. Evidence in reply.
81. Persons charged with burglary, etc., may be convicted of kindred offence. 107. Amendment of information.
82. Trials under this Act. 108. Order for separate trial.
109. Determination of charge.
EVIDENCE
83. Spouse shall be competent and compellable witness. PART IV - COMMITTAL PROCEEDINGS
84. Competence of person charged and his spouse or cohabiting partner to 110. Procedure in committal proceedings.
give evidence. 111. Committal proceedings not to be held in public.
85. Prosecution to deliver to defendant copies of written statements before 112. Proceedings at initial appearance.
trial. 113. Statements to be provided.
86. Evidence of person charged. 114. Endorsement on written statements.
87. Right of reply. 115. Committal of defendant.
88. Calling of spouse or cohabitating partner in certain cases. 116. Ancillary proceedings.
89. Hostile witness and previous inconsistent statement. 117. Variance between charge and evidence.
90. Circumstances where secondary evidence is admissible. 118. Continuing Magistrate.
91. Admissibility of statements. 119. Returns to be made to trial Court and the Attorney- General and Minister of
92. Admissibility of evidence on tape, video recording or film. Justice
120. Privilege of persons committed for trial.
PART III - SUMMARY TRIALS 121. Procedure where defendant consents to summary trial.
93. Trials in Magistrate Courts.
94. Court to sit in public. BINDING PROSECUTOR AND WITNESSES BY RECOGNISANCE
95. Non- appearance of prosecutor. 122. Prosecutor and witnesses to enter into recognisance.
96. Appearance of both parties. 123. Refusal to enter into recognisance.
97. Where defendant pleads guilty in writing.
98. Redacted and unredacted statements to be served on defence. PROCEEDINGS UPON RECOGNISANCES
99. Defendant to be called upon to plead. 124. Forfeiture and levy of recognisance.
100. Procedure in plea of guilty. 125. Register of recognisance.
101. Hearing may be adjourned. PART V- INDICTMENTS AND TRIALS IN THE HIGH COURT
102. Custody of defendant. 126. Preferment of indictment.
 No. 8 The Criminal Procedure Act 2024 vii viii No. 8 The Criminal Procedure Act 2024

INDICTMENTS CASE FOR THE PROSECUTION

127. Conditions for filing of indictments. 150. Opening of case for the prosecution
128. Filing of indictments and its effects.
151. Additional witnesses on the back of indictment.
129. Endorsement of indictments.
152. Cross-examination of prosecution witnesses.
130. Copy of indictment and notice of trial to be delivered to Sheriff.
131. Time and mode of summoning parties on indictment. 153. Committal warrant to be tendered.
132. Return of service. 154. Submission of no case.
133. Postponement of trial respiting recognisances.
CASE FOR THE DEFENCE
ARRAIGNMENT 155. Judge to inform defendant of his right at close of prosecution's case.
134. Pleading to indictment.
156. Evidence of defendant.
135. Effect of plea of not guilty.
157. Addresses by defence and prosecution.
136. Where defendant refuses or is unable to plead.
137. Conduct and precedence of prosecutions. 158. Addresses by co-defendants.
138. Defendant to be released on bail or discharged if not tried within a certain 159. Defendant entitled to compel attendance of witnesses.
period of time. 160. Rebutting evidence.

AMENDMENT CLOSE OF HEARING IN CASES TRIED WITH ASSESSORS

161. Delivery of opinion by assessors.
139. Order for amendment of indictment.
140. Order for joint trials.
CLOSE OF HEARING IN CASES TRIED BY JUDGE ALONE
141. Order for separate trial. 162. Judgment in trial byJudge alone.
142. Order for postponement of trial.
ALLOCUTUS
143. Court may disperse with assessors.
163 Allocutus.
144. Motion in arrest of judgment.
145. Objections cured by verdict. EVIDENCE BEFORE SENTENCE
164. Evidence before sentence.
TRIAL WITH ASSESSORS
146. Selection of assessors. PART VI-SPECIAL TRIALS-TRIAL OF CORPORATIONS OR COMPANIES
147. Decision of Court and assessors. 165. Representation of corporation or company.
148. Trial to proceed despite assessor unable to attend. 166. Proceedings against corporation or company.
149. Adjournment. 167. Fines on corporation or company.
168. Service of documents.
 No. 8 The Criminal Procedure Act 2024 ix x No. 8 The Criminal Procedure Act 2024

TRIAL OF CHILDREN 191. Enforcement of warrants.

169. Trial of a child. 192. Procedure with regards to warrants executed outside jurisdiction.

PART VII - EXECUTION OF SENTENCES-ALTERNATIVE SENTENCES

DEFECTS IN ORDERS AND WARRANTS
170. Authority for carrying out sentence.
193. Error or omission not to affect legality or execution of warrant.
171. Suspended sentences.
172. Deferred sentences.
PART VIII - MISCELLANEOUS
173. Further powers of Courts where sentence is deferred.
194. Forms.
174. Absolute and conditional discharge.
195. Sealing of Orders, etc. not generally necessary.
175. Commission of offence after conditional discharge.
196. Fingerprints, etc.
176. Effect of discharge.
197. Arrest, etc. of Member of Parliament or public officer to be reported.
177. Community Punishment Orders.
198. Repeal and savings.
178. Obligations under Community Punishment Order.
179. Fine in lieu of imprisonment.
180. Notice of fines to be paid.
181 Order for payment of money.
182. Commitment for want of distress.
183. Commitment in lieu of distress.
184. Fines, detention in police station in lieu of imprisonment.
185. Statements of wages to be evidence.
186. Payment in full after commitment.
187. Part payment after commitment.
188. Limitation of imprisonment.
189. Direct imprisonment.
190. Address and execution of warrants.
SIGNED this 11th day of October, 2024.

DR. JULIUS MAADA BIO,

President.

LS

No. 8 2024

Sierra Leone

The Criminal Procedure Act, 2024 Short title.

Being an Act to repeal and replace the Criminal Procedure

Act, 1965, to provide for new procedures relating to summary trials,
committal proceedings, trials on indictment, alternative sentences,
and to provide for other related matters.

[ ] Date of com-
mencement.

ENACTED BY THE PRESIDENT AND MEMBERS OF PARLIAMENT IN

THIS PRESENTPARLIAMENT ASSEMBLED.
2 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 3

PART 1-PRELIMINARY "defendant" means a person charged with a criminal

offence;
1. This Act shall come into operation on such date as the
Commencement. Attorney-General and Minister of Justice may by statutory instrument "document" includes a map, photograph, film, tape or
appoint. video recording, disc, or any form of computer input
or output and any other material, whether produced
Interpretation. 2. In this Act, unless the context otherwise requires - or recorded mechanically, electronically, digitally,
manually or otherwise;
"charge " includes complaint;
"indictment" means a document containing a charge
"child" means a person under the age of 18 years; or charges against the defendant signed by a Law
Officer or the Anti-Corruption Commissioner;
"committal proceedings" means proceedings taken or
conducted under Part IV of the Act; "information" means a document containing a charge
or charges against a defendant signed by a
"committed for trial" used in relation to any person, prosecutor or by Counsel;
means a person committed to take his trial in the
High Court by a committing Magistrate; "inquiry" includes committal proceedings;

"corporation" includes a statutory corporation "Judge" means a judge of the High Court or a Justice
established by an Act of Parliament, a company of the Court of Appeal or of the Supreme Court,
incorporated and registered under the Companies assigned by the Chief Justice to sit in the High Court;
Act 2009 ( Act No. 5 of 2009), or any other enactment;
"Law Officer" includes the Attorney-General and
"Courts Act" means the Courts Act, 1965 (Act No. 31 Minister of Justice, the Solicitor-General, the Director
of 1965); of Public Prosecutions, the First Parliamentary
Counsel, the Head of the Civil and Commercial
"Court" means a Court of criminal jurisdiction Division, Head of International and Human Right
established by law in Sierra Leone other than a Local Division and every other State Counsel;
Court established by or under the Local Courts Act, "marriage" means a marriage between a man and a
2011 (Act No. 1 of 2011); woman celebrated and recognised as valid under -

(i) the Christian Marriage Act (Cap 95);

(ii) the Muslim Marriage Act (Cap 96);
(iii) the Civil Marriage Act (Cap 97); or
4 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 5

(iv) the Registration of Customary PART II - GENERAL PROVISIONS ARREST GENERALLY

Marriages and Divorces Act, 2009 or
any other rules of customary law in 4. (1) A Police Officer shall, as soon as an offence of the Notice to
force in Sierra Leone; following comes to his knowledge, report same to the Attorney- be given
of arrest.
General and Minister of Justice -
"Minister"means the Attorney-Genaral and Minister
of Justice or Ministers responsible for the (a) involving the loss of life;
correctional service, social welfare, and gender and
children's affairs; (b) punishable by life imprisonment;

"offence" means an act or behavior that is prohibited (c) in which a public officer is alleged to have
and punishable according to the laws of Sierra committed an offence in the exercise of his
Leone; official or public duties;

"Police Officer" means a member of the Sierra Leone (d) attempted murder or human trafficking;
Police;
"prosecutor" means a person who gives information (e) involving one or more political parties or the
or causes information to be given on his behalf Public Elections Act. 2022 (Act No. of 2022);
against a defendant and includes the Attorney-
General and Minister of Justice and any other Law (f) in respect of which the prosecution requires
Officer, the Anti-Corruption Commissioner or a by statute the consent of the Attorney-
person duly authorised to prosecute a criminal General and Minister of Justice;
offence;
(g) involving a Member of Parliament, a local
"Registrar" means a person appointed to perform the authority, a diplomatic or consular service
duties of a Registrar in a Court; officer or a legal practitioner;

"spouse" means a husband or wife, in a valid civil, (h) involving or requiring an expulsion order;
religious or customary marriage according to the laws
of Sierra Leone. (i) involving conspiracy to pervert or defeat the
course of justice and public mischief;
Application 3. Without prejudice to any other enactment, an offence shall
of Act. (j) against the Coinage Offences Act; and
be enquired into, tried and otherwise dealt with in accordance with
this Act.
(k) considered of some importance or difficulty
Provided that this section shall not apply to an offence of or which for any reason would require the
treason or terrorism. intervention of the Attorney-General and
Minister of Justice.
6 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 7

(2) A legal practitioner or person who commences a 8. A Police Officer or person authorised to make an arrest Power to
break open
prosecution of an offence under subsection (1), shall immediately may break out of a house or place in order to liberate himself or any to liberate.
inform the Attorney-General and Minister of Justice that he has other person who, having lawfully entered for the purpose of making
commenced such proceedings. an arrest, is detained in it

Mode of 5. (1) A Police Officer or other person shall, in making an 9. A Police Officer or person making an arrest may take from Power to
arrest. take
arrest, touch or confine the person to be arrested, unless there is a the person arrested, an offensive weapon or other object found in offensive
submission to custody by word or action. his possession likely to afford material evidence for the prosecution weapon or
of the offence for which the defendant has been arrested, and other object
of evidential
(2) Where a person forcibly resists arrest or attempts to anything so taken from an arrested person shall be produced as value.
evade arrest, a Police Officer or other person may use sufficient force evidence before the Court.
to effect the arrest but no more.
10. (1) A Police Officer or person who arrests on a charge of Medical
examination
(3) A person arrested shall not be subjected to more an offence against the person may cause the person offended to be in the case
restraint than is necessary to prevent his escape. examined by a medical practitioner. of offence
against the
person.
(4) Subject to paragraph (b) of subsection (2) of section (2) Where a medical examination under subsection (1),
16 of the Constitution of Sierra Leone, 1991 (Act No. 6 of 1991), involves the taking of dental impressions, the extraction of body
nothing in this section gives a right to cause the death of a person in samples or requires the use of swabs, such examination shall be
the course of being arrested. authorised by a Police Officer not below the rank of A s s i s t a n t
Superintendent of Police, the Police Officer in charge at a Police
(5) Where a Police Officer is assaulted or obstructed when Station or Police Post.
making an arrest, a private person, on whom he may call for aid, shall
go to his assistance. (3) A medical examination under subsection (1), shall only
be done -
Search of 6. Where a Police officer or person, acting under a warrant (a) if the officer considers that such impression,
place for of arrest or having authority to arrest, has reason to believe that the sample and swab shall confirm or disprove
person to
be arrested. person to be arrested has entered into or is within a place, the person the suspect's involvement in the offence;
residing in or being in charge of the place shall, on demand of the
Police Officer or person acting, allow him free entry into the place (b) by a qualified medical practitioner, or a person
and afford all reasonable facilities for search of the place. qualified to do the same; and

Procedure 7. Where entry to a place cannot be effected under section 6, (c) with the consent of the suspect.
where entry
not
a Police Officer or person acting under a warrant of arrest or having
obtainable. authority to arrest, to enter that place, by force if necessary, search (4) Before a person is asked to provide an impression,
it and in order to effect entrance into that place, to break open any sample and swab, he shall be warned that a refusal to provide the
outer or inner door or window of any house or place, whether that of impression, sample and swab may be treated as corroboration of any
the person to be arrested or of any other person, if after notification fact in issue at the subsequent trial.
of his authority and purpose, and demand of admittance made, he
cannot otherwise obtain admittance.
8 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 9

Power to 11. (1) A Police Officer not below the rank of Assistant (2) Notwithstanding paragraph (a) of subsection (1),
order body
search. Superintendent of Police, or a Police Officer in charge of a Police the Court may, being satisfied that there are reasonable grounds for
Station or Police Post shall, where he has reasonable grounds to believing that the further detention of the person is justified, -
believe that the only practicable means of removing -
(a) where an investigation is in progress, and
(a) an article or substance, which could cause further evidence needs to be collected or
physical injury to a detained person or others found; and
at the police station; or
(b) on an application supported by an affidavit
of a Police Officer not below the rank of
(b) an illegal or harmful substance which has been
Assistant Superintendent or a Police Officer
concealed,
in charge of a Police Station or Police Post,
order the search of body orifices and cavities.
issue a warrant for a further detention authorising the keeping of that
(2) A search under subsection (1), shall be made with person in police detention for a further period not exceeding 15 days
strict decency and may only be made by an officer of the same sex as at any one time.
the person searched and may not be made in the presence of anyone
of the opposite sex unless the person being searched specifically (3) A person to whom an application under paragraph (b)
consents to it. of subsection (2) relates shall be entitled to file an affidavit opposing
the application and to be represented by Counsel at such hearing.
(3) A written record shall be kept of a search under
subsection (1), stating - ARREST WITHOUT WARRANT
13. A private person may arrest without a warrant, a person - Private
(a) the persons present during the search; and person may
arrest without
(b) the reasons for the search. (a) who in his presence commits a felony or an warrant.
offence punishable by a sentence of life
(4) A record under subsection (3), shall be admissible as imprisonment;
evidence in Court on request of the prosecution or defence.
(b) whom he suspects of having committed a
Arrested 12. (1) A person arrested shall be brought before the Court, felony or an offence punishable by a
person to in the case of - sentence of life imprisonment if -
be brought
before a (a) offences carrying a sentence of life (i) the felony or other offence had actually
court without imprisonment or economic and environmental been committed; and
delay. offences, within 10 days from the date of
arrest; and (ii) he has reasonable grounds to believe
that the person arrested has committed
(b) other offences, 72 hours of arrest. that offence;
10 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 11

(c) offering to sell, pawn or deliver property (ii) that person declares his name and place
which he has reasonable grounds to believe of residence to the Police Officer and
to be stolen property; accompany the Police Officer to the
nearest police station or lock up, if
(d) about to commit an act which would required to do so;
manifestly endanger another person's life;
(d) whom he has reasonable cause to suspect of
(e) detaining or suspected of detaining another having committed or being about to commit
person with the intent to kidnap or unlawfully a felony or an offence punishable by a
remove him from Sierra Leone. sentence of life imprisonment;

Person (e) whom he finds in any way disturbing the

14. Where a private person arrest under section 13, he shall
arrested to be peace, whether in a public or private place or
handed over deliver the person arrested, and the property, if any, as soon as
causing annoyance to another person;
to police. maybe, to a Police Officer.
(f) who obstructs a Police Officer while in the
Police 15. (1) A Police Officer may, without a warrant, arrest a execution of his duty, or who has escaped or
Officer person-
may arrest attempts to escape from lawful custody.
without (a) who commits an offence, in his presence,
warrant. involving violence or dishonesty; (2) Nothing in this section shall in any way affect or
derogate from any other powers conferred on Police Officers by this
(b) whom another person positively accuses of Act or any other enactment.
having committed a felony or an offence
punishable by a sentence of life imprisonment, 16. (1) A Police Officer may, where a person, other than a Refusal to
give name
or, an offence of larceny, receiving stolen person liable to be arrested without a warrant- or place of
property, embezzlement, false pretense or an residence.
offence relating to the theft of property; (a) has been accused of committing an offence;
and
(c) whom another person suspects of having
committed a felony or an offence punishable (b) refuses, on demand of a Police Officer, to give
by a sentence of life imprisonment or a his name and place of residence, or gives a
misdemeanor under paragraph (b), if - name or place of residence which the Police
Officer has reason to believe to be false,
(i) the suspicion of such other person arrest that person in order that his name and
appears to the Police Officer to be well place of residence may be ascertained.
founded; and
12 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 13

(2) Where the true name and place of residence of a (b) a person or legal practitioner, making a
person arrested under subsection (1) has been ascertained he shall complaint or laying an information before a
be released after executing a bond, with or without sureties, to appear Magistrate for the issue of a warrant or
before a Court if so required. summons in respect of the complaint or
information:
(3) Where the true name and place of residence of person Provided that -
arrested under subsection (1) is not ascertained within 24 hours from (i) the complaint shall be in writing; and
the time of arrest, or he fails to execute the bond, or if so required, to
furnish sufficient sureties under subsection (2), he shall forthwith be (ii) if a warrant is requested, the complaint
brought before the nearest Court having jurisdiction in respect of shall be on the oath of the person
the offence for which he is accused. making the complaint or a witness to
the offence.
Suspect to 17. Except where the person arrested is in the actual course of
be informed
of cause of
the commission of a crime or is pursued immediately after escape (2) It shall be sufficient if in the title of the committal
arrest. from lawful custody, the Police Officer or any other person making proceedings or in a summary trial, the prosecutor is -
the arrest shall inform the person arrested of the cause of the arrest
and if the Police Officer or any other person is acting under the (a) a Police Officer, described as the "Inspector-
authority of a warrant, shall notify him of the substance of the warrant General of Police"; and
and if so required, shall show him the warrant.
(b) a private person, whose name shall appear in
INSTITUTING PROCEEDINGS IN THE MAGISTRATE'S COURT the title of the proceedings as the prosecutor.
Instututing 18. (1) Criminal proceedings in the Magistrate's Court may Summons or
proceedings. 19. (1) The Court may proceed either by-
be instituted by - warrant.

(a) a Police Officer, pursuant to the powers (a) summons to a defendant; or

conferred on the Attorney-General and
Minister of Justice under subsection (3) of (b) warrant for the arrest of a defendant, in the
section 64 and on the Director of Public first instance, according to the nature and
Prosecutions under subsection (5) of section circumstances of the case.
66 of the Constitution by-
(2) A Magistrate or 2 Justices of the Peace shall issue a
(i) bringing a person arrested with or summons or warrant under subsection (1), as of course, upon receipt
without a warrant before a Magistrate of the information laid or the complaint made. .
or Justices of the Peace upon the charge
upon which he has been arrested; or (3) Where a defendant is imprisoned, a warrant to bring
him before the Court may be directed to the keeper of the correctional
(ii) laying an information before a
centre in which the defendant is confined.
Magistrate for the issue of a warrant or
a summons;
14 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 15

Issue of 20. (1) A warrant shall not be issued in the first instance, dispense with the personal attendance of the defendant, provided
warrant.
unless the complaint is in writing and on the oath of the person that he pleads guilty in writing or is represented by a legal practitioner.
making the complaint or of a witness in that behalf.
(2) A Magistrate enquiring into or trying a case may, in
(2) A Magistrate may, if of the opinion that a case for so his discretion, at any subsequent stage of the proceedings, direct
doing has been made, issue a warrant for the apprehension of the the personal attendance of the defendant, and, if necessary, enforce
defendant. the attendance in the manner provided in this Act.

Service of 21. (1) A Police Officer or an officer of the Court to whom a 24. Notwithstanding the issuing of a summons, a warrant may Warrant when
summons. issued.
Summons is delivered for service shall serve it upon the person to be issued at any time before or after the time appointed in the summons
whom it is directed by delivering it to him personally or by leaving it for the appearance of the defendant.
with some other person for him at his last known or usual place of
residence. 25. Where the person issued with a summons does not appear Where
summons
at the time and place appointed in and by the summons, and his not obeyed.
(2) Where service under subsection (1) cannot, by the personal attendance has not been dispensed with under section 23,
exercise of due diligence be effected, the serving Police Officer or an the Court may issue a warrant to arrest him and cause him to be
officer of the Court shall affix the summons to some conspicuous brought before the Court.
part of the last known or usual place of residence of the person
summoned, and the summons shall be deemed to have been duly 26. (1) A warrant of arrest shall be under the hand of a Judge, Form,
content,
served. Magistrate or Justice of the Peace issuing it. duration and
execution of
Proof of 22. Where a Magistrate desires that a summons issued by him (2) A warrant of arrest issued under subsection (1) shall- warrant.
service
outside
shall be served at a place outside the local limits of his jurisdiction, Form 4
jurisdiction. he shall send the summons to the Magistrate having jurisdiction in (a) state briefly the offence with which the Second
that place, and the Magistrate shall cause the summons to be served person against whom it is issued is charged; Schedule
Form 6
Second
and send an affidavit of service to the issuing Court, which affidavit
Schedule shall be evidence of service and the person effecting service shall (b) name or otherwise describe the person; and
not ordinarily be required to attend and give evidence of service.
(c) order the person or persons to whom it is
Power to 23. (1) Where a Magistrate issues a summons in respect of directed to apprehend the person against
dispense with
personal
an offence other than a felony or an offence punishable by a sentence whom it is issued and bring him before the
attendance of of life imprisonment, he - Court issuing the warrant or before some
defendant. other Court having jurisdiction in the case
(a) may, if he sees reason to do so; and or any other Magistrate' Court to answer to
Form 3A the charge mentioned in the warrant and
(b) shall when the offence with which the
Second to be further dealt with according to law.
Schedule defendant is charged is punishable only by a
fine or by imprisonment not exceeding one
year, whether with or without a fine,
16 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 17

(3) A warrant shall remain in force until cancelled or (d) the time at which he is to attend before the
executed. Court including an undertaking to appear at
such subsequent times as may be directed
(4) The cancellation of a warrant may be effected by the
by the Court.
Court issuing it, or by a Court to which the issuing Court is
subordinate. (3) Where an endorsement is made, the officer in charge
of a police station to which, on arrest, the person named in the
(5) When a warrant of arrest is directed to more than one warrant is brought, shall release him upon his entering into such
officer or person, it may be executed by all or by any one or more of recognisance with or without sureties approved by that officer in
them. accordance with an endorsement conditioned for his appearance
(6) A warrant may be executed by the arrest of the before the Court and at the time and place named in the recognisance.
defendant at any place in Sierra Leone.
(4) Whenever security is taken under this section, the
Removal officer to whom the warrant is directed shall forward the recognisance
27. Where a warrant of arrest is executed outside the local
and bail. to the Court.
limits of the jurisdiction of the Court issuing the warrant, the person
arrested shall, unless the Court which issued the warrant is within 20 29. (1) Subject to section 31, a Judge, Magistrate or Justice Issuance
miles of the place of arrest or is nearer than the Court within whose of the Peace who is satisfied by information on oath that there is of search
warrant and
jurisdiction the arrest was made, be taken before the last-mentioned reasonable ground for believing that there is in a building, vessel, proceedings
Court which shall deal with him in the same way as if brought before vehicle, receptacle or place anything upon or in respect of which - under
it under section 35. warrant.
(a) an offence has been committed or is
suspected to have been committed;
Court may 28. (1) A Court issuing a warrant for the arrest of a person in
direct security
respect of an offence not punishable by a sentence of life imprisonment (b) will afford evidence as to the commission of
to be taken. an offence,
shall, unless the complainant or prosecutor proffers good and
sufficient reasons in an affidavit, why bail should not be granted, may at any time issue a warrant under his hand authorising a Police
direct by endorsement on the warrant that, if the person enters into Officer or other person named in the warrant to enter the building,
recognisance with sufficient sureties for his attendance before the vessel, vehicle, receptacle or place, if necessary by force and to
Court at a specified time and after that until otherwise directed by search it and every person found in it and if anything searched f o r
the Court, the officer to whom the warrant is directed shall take such is found, to seize it and arrest the occupier or owner of the building,
security and shall release the person from custody. vessel, vehicle, receptacle or place if the Magistrate or Justice of the
Peace thinks fit so to direct.
(2) An endorsement under subsection (1), shall include-
(2) Where a building, vessel, vehicle, receptacle or other
(a) the number of sureties;
place is closed, a person residing in or being in charge of the building,
(b) the amount to which the sureties and the vessel, vehicle, receptacle or place shall, on demand of the Police
person for whose arrest the warrant is issued Officer or other person executing the search warrant, allow him free
are to be respectively bound; entry into it and afford all reasonable facilities for a search in it.
(c) the Court before which the person arrested
is to attend; and
18 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 19

(3) Where entry into a building, vessel, vehicle, 31. Nothing in sections 29 and 30 shall authorise a person, Sections 29
and 30 not
receptacle or other place cannot be so obtained, the Police Officer other than a Judge, to grant a warrant to search for a document in the applicable to
or other person executing the search warrant may, if the warrant custody of a postal or telecommunications body or entity or data postal, tele-
empowers him to do so, enter forcibly, or break-open the building, collection establishment. communi-
cations, and
vessel, vehicle, receptacle or other place. data
collection
(4) A search warrant shall be executed by the Police establishment.
Officer or other person who shall have charge thereof; and he may 32. (1) Where a search warrant has been executed, the person Return of
be accompanied by any other persons necessary to assist him. who executed it shall return the warrant, together with everything search
warrant.
seized under it to the High Court, a Judge, a Magistrate or Justices of
(5) A search warrant shall ordinarily be executed between the Peace sitting in Court.
the hours of 5 o'clock in the morning and 10 o'clock at night, but a
Judge, Magistrate or Justice of the Peace issuing it may by an order (2) Upon receipt of the search warrant and of all the things
endorsed on it, give authority for its execution at any other time. seized under it the High Court, a Judge, Magistrate or Justices of the
Peace sitting in Court may make an order as to the immediate custody
Search 30. A Police Officer may - of the things seized and, at any time thereafter, may make an order as
without to their disposal as may seem proper.
warrant in (a) detain a person carrying or conveying along
cases where a square, street, highway, quay, avenue or
articles are (3) Subject to subsection (1), the Court shall, if of the
being other public place an animal, matter or thing opinion that property or any portion thereof can be returned to the
conveyed, which - person identified as the owner, without prejudice to the interests of
etc.
justice, order that the property or any portion of the property be
(i) the Police Officer suspects of having returned to the owner or to any other person as the Court may direct.
been stolen or otherwise unlawfully
obtained; or (4) Where a property has been taken from a person under
this section, and the person is not charged before any Court but is
(ii) in respect of which he suspects that a released on the ground that there is no sufficient reason to believe
criminal offence has been, is being or is that he has committed any offence, any property so taken from him
about to be committed; and shall be restored to him.
(b) examine a box, parcel, basket, bundle, or any
33. (1) A search warrant issued by a Judge, for the discovery Execution
other package carried or conveyed by that
of property stolen or otherwise unlawfully obtained may be executed of search
person which he may reasonably suspect to warrant.
in any part of Sierra Leone.
contain an animal, matter or thing; and if that
person does not give a satisfactory account (2) A search warrant issued by a Magistrate or Justice of
of himself and of an animal, matter or thing
the Peace in the Western Area or in a district in the Provinces, for the
the examination may discover, arrest that
discovery of property stolen or otherwise unlawfully obtained may
person and cause him to be taken before a
be executed in any part of the Western Area or in a district of the
Court as soon as practicable to be dealt with
Provinces, although such part or district is outside the jurisdiction
according to law.
of the Magistrate or Justice of the Peace issuing the warrant.
20 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 21

(3) Where property is alleged to have been stolen or (2) The High Court may, in addition, cause to be brought
otherwise unlawfully obtained is seized in pursuance of this section, before it, a person who is within Sierra Leone and is charged with an
a Police Officer or other person to whom the search warrant was offence over which the High Court has jurisdiction.
directed shall, without special authority in that behalf, arrest the
person on whose premises the property was at the time of seizure, or
the person from whom it was taken, if other than the person on 35. (1) A Remitting Court before which a person who is within Defendant to
be remitted or
whose premises it was, and take him before the Court within whose the local limits of its jurisdiction and is charged with having committed brought in
jurisdiction the seizure was made, to account for the possession of an offence within the local limits of the jurisdiction of another Court certain cases
the property and in every such case the Court before whom the to another
person is brought shall have jurisdiction to hear and determine the is brought, shall unless authorised to proceed in the case, send him Court.
matter notwithstanding that the alleged offence was committed in custody to the Court within the local limits of whose jurisdiction
outside the jurisdiction of that Court. the offence was committed or require him to give security for his
surrender to such last-mentioned Court, to answer the charge and to
(4) Where property has been taken under this section
from a person charged before a Court with an offence, a report shall be dealt with according to law.
be made by the police to the Court of the fact of the property having
been taken from the person charged and of the particulars of such (2) A Remitting Court shall send to the Court to which
property and the Court shall, if it is of the opinion that the property or the person charged is remitted for trial under subsection (1), an
a portion can be returned consistent with the interest of justice,
direct the property or a portion be returned to the person charged or authenticated copy of the information, summons, warrant and any
to such other person as the Court may deem proper. other process or document in its possession relative to that person.

GENERAL AUTHORITY OF THE COURTS 36. A Remitting Court shall, where a person is held in custody Removal
under
General 34. (1) A Court may cause to be brought before it, a person under subsection (1) of section 35, issue a warrant, which shall be warrant.
authority of sufficient authority to a person to whom it is directed, to receive and
court to bring
who,within the local limits of its jurisdiction - Form 1
defendant detain the person named in it, and to carry and deliver him up to the Second
before it. (a) is charged with an offence committed within Court to which the person charged is remitted for trial. Schedule

Form 5 Sierra Leone or which according to law may

Second be dealt with as if it had been committed PLACE OF INQUIRY AND TRIAL
Schedule within Sierra Leone; and 37. An offence may be inquired into in any part of Sierra Leone. Offence
inquired into
in any part of
(b) against whom a complaint is made in respect Sierra Leone
of which the Court has power to make an
38. Subject to the Courts Act, 1965 and to the powers of transfer Trial of
order for the payment of money or otherwise, cases by
and to deal with such person according to under section 42, the place for trial of offences by Court other than Court other
its jurisdiction. the High Court shall be determined according to the following rules- than High
Court.
22 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 23

40. Where a person is accused of the commission of an offence Offence

(a) an offence shall be tried in the Judicial District committed
at sea or elsewhere out of Sierra Leone, which according to law may
in which it was committed; at sea or
be dealt with in Sierra Leone, the offence maybe tried at any place in out of
Sierra Leone to which the defendant is first brought or to which he Sierra Leone.
(b) where a person is accused of the commission
may be taken thereafter.
of an offence by reason of anything which
has been done or which has been omitted to
41. (1) A public officer or a person holding an office in respect Offence
be done, and of any consequence which has by public
of which the salary is provided from the Consolidated Fund or directly
ensued, the offence may be tried in a district officers
out of monies approved by Parliament, who commits outside Sierra abroad and
in which the act was done or omitted to be
Leone, when acting or purporting to act in the course of his duties, on an
done or any consequence that has ensued; aircraft.
any act, which if committed in Sierra Leone would be an offence,
commits an offence of the same nature and subject to the same
(c) where an act is an offence by reason of its
punishment as if the act had been committed in Sierra Leone.
relation to another act, which is also an
offence, or which would be an offence if the
(2) A person who commits an offence on an aircraft or
doer were capable of committing an offence,
does an act which if done in Sierra Leone would be an offence, commits
a charge of the first offence may be tried in
an offence of the same nature, and shall be subject to the same
the District in which either act was done;
punishment, as if the act had been committed in Sierra Leone.
(d) where -
(3) A person may be tried and punished for an offence
under this section in any part of Sierra Leone in which he is
(i) it is uncertain in which of several
apprehended or is in custody, as if the offence had been committed in
Districts an offence was committed;
that part of Sierra Leone and the offence shall for all purposes
(ii) an offence is committed partly in one incidental to or consequential on the trial or punishment be deemed
District and partly in another; to have been committed in that part of Sierra Leone.

(iii) an offence is a continuing one, and 42. The High Court may, on an application made by Originating Power of
continues to be committed in more Notice of Motion, order that, an offence being inquired into by a High Court
to transfer
Districts than one; or Magistrate Court may be inquired into by another Magistrate Court committal
(iv) an offence consists of several acts done specified in the Order, on the grounds that it would- proceedings
and other
in different Districts, the offence may criminal
be tried in any one of those Districts. (a) tend to the general convenience of the parties cases.
or witnesses; or
Offence 39. An offence committed whilst the offender is on a journey (b) otherwise be expedient for the ends of Justice.
committed
on a journey.
or voyage may be tried in a District through or into which the
defendant, or the person against whom, or the act in respect of 43. (1) Whenever it is made to appear to a Judge, by Power of
which, the offence was committed, passed in the course of that journey Judge to
summons that - transfer
or voyage. cases.
24 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 25

(a) some question of law is likely to arise, which CONDUCT OF CRIMINAL PROCEEDINGS.
it is desirable should be decided by the High
Court; 45. (1) The Attorney-General and Minister of Justice may Attorney-
General and
(b) an order under this section will tend to the enter a nolle prosequi either by a statement in Court or informing the Minister of
general convenience of the parties or Court in writing that the State intends that the proceedings shall not Justice may
witnesses; or continue and thereupon the defendant shall be at once discharged in enter nolle
prosequi.
respect of the charge for which the nolle prosequi is entered and if he
(c) such an order is otherwise expedient for the has been committed to a correctional centre shall be released or if on
ends of Justice, the Judge may order that - bail his recognisances shall be discharged; but such discharge of
(i) an offence be tried by the High Court the defendant shall not operate as a bar to any subsequent
or a subordinate Court; proceedings against him on account of the same facts.
(ii) a defendant be committed to the High
(2) Where the defendant is not before the Court when Forms 8 & 9
Court for trial;
the nolle prosequi is entered, the Court shall forthwith cause notice Second
Schedule.
(iii) a defendant be committed to the High in writing of the entry of the nolle prosequi to be given to the keeper
Court for trial instead of being tried at of the correctional centre in which the defendant may be detained
the place where he would but for the and also shall forthwith cause a similar notice in writing to be given
order have been tried, be tried by the to any witnesses bound over to prosecute and to their sureties and
High Court at such other place as may also to the defendant and his sureties in case he shall have been
be specified in the order. admitted to bail.
(3) For the purposes of this section, proceedings include
(2) The Judge may act on the summons of a party an appeal from a determination in criminal proceedings before a Court
interested after due notice to all other interested parties. and a case stated or question of law reserved for the purposes of
such proceedings.
Form 2 (3) Where a defendant makes an application under this
Second
Schedule section, the Judge may, before granting the application, direct him to PREVIOUS ACQUITTAL OR CONVICTION
enter into a recognisance, with or without sureties, conditioned that
he will, if convicted, pay the costs of the prosecution. 46. A person, who has been once tried for an offence and Person
convicted or acquitted of such offence, shall not be liable to be tried convicted
or acquitted.
Notice of 44. Where, in a criminal case, before evidence is taken, a person again on the same facts for the same offence or any other offence of
intention to which he could have been lawfully convicted at the first trial, unless
make
having the conduct of the prosecution or the defence, notifies the
application Court before which the case is pending, of his intention to make an a retrial is ordered by a Court having power to do so.
to transfer. application under section 42, in respect of the case, the Court shall
47. A person convicted or acquitted of an act causing Consequences
adjourn the case to such a date as will afford a reasonable time for the supervening
application being made and an order being obtained thereon, before consequences, which together with such act constitute a different or not known
the defendant is called upon for his defence. offence from that for which such person was convicted or acquitted, at time of
may afterwards be tried for the last-mentioned offence, if the former trial.
consequences had not happened at the time when he was acquitted
or convicted.
26 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 27

Proof of 48. In an information or indictment against a person in which (a) persons accused of the same offence
previous
conviction. evidence of a previous conviction or acquittal of such person for an committed in the course of the same
offence is relevant to the issue, a certificate containing the substance transaction;
and effect only, of the information or indictment and conviction or (b) persons accused of an offence and persons
acquittal for such offence, purporting to be signed by the officer accused of aiding and abetting or being an
having the custody of the records of the Court where the defendant accessory to or of attempting to commit such
was convicted or acquitted, or by his deputy, shall, upon proof of offence or participating in the commission of
the identity of the person convicted or acquitted be sufficient such offence;
evidence of the conviction or acquittal without proof of the signature
or official character of the person appearing to have signed it. (c) persons accused of different offences where
all the offences are founded on the same facts
RULES AS TO INFORMATION AND INDICTMENT or form or are part of a series of offences of
the same or a similar character;
Information 49. (1) An information or indictment shall contain, and shall
or
be sufficient if it contains, a statement of the specific offence or (d) persons accused of different offences
indictment. committed in the course of the same
offences with which the defendant is charged, together with such
First particulars as may be necessary for giving reasonable information as transaction.
Schedule.
to the nature of the charge.
COMPENSATION AND COSTS
(2) Notwithstanding any rule of law or practice, an
information or indictment shall, subject to this Act, not be open to 51. (1) Where a person is convicted of an offence and the Compensation
objection in respect of its form or content if it is framed in accordance facts constituting the offence amount also to a tort against the person may be
with rules made under this Act. or property of the complainant, the Court before which that person is ordered.
convicted may, on application of the prosecutor and if the evidence
(3) The Rules of Court Committee may, by statutory led at the trial so warrants, order the person convicted to pay the
instrument, add to, vary, revoke or replace the Criminal Procedure prosecutor such sum as appears to the Court to be reasonable
Rules in the First Schedule. compensation in so far as the sum shall not exceed the maximum fine
that the Court is empowered to impose, in addition to or in lieu of any
JOINDER OF CHARGES AND DEFENDANTS other punishment.

Joinder of 50. (1) Subject to the Criminal Procedure Rules in the First (2) Where a person is convicted of an offence and in the
charges and
Schedule, charges for offences may, if those charges are founded on opinion of the Court the offence has resulted in financial loss to the
defendants. Government or to loss of Government property, the Court shall order
the same facts or form a series of offences of the same or a similar
character, be joined in the same complaint, information or indictment the person so convicted to make good the loss occasioned by the
and tried at the same time. offence on such terms as the Court shall thinks fit in addition to any
other punishment.
(2) The following persons shall be charged and tried
together, namely-
28 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 29

(3) Where compensation has been paid or a loss to the (2) Where property is retained in Court pending an appeal,
Government has been made good in accordance with subsections on application by summons, the Court to which an appeal has been
(1) and (2), the convicted person shall be released from all further or made or in which notice of leave to appeal has been filed, may, if it
other proceedings by the prosecutor whether civil or criminal for the considers that the property is not necessary for the determination
same cause. of the questions raised in the appeal, order the property or any part
of the property to be returned to the person who appears to be entitled
Costs 52. The Court may order a person convicted before it to pay all to it.
payable by
party or any specified part of the expenses of his prosecution in so far as
convicted. the sum shall not exceed the maximum fine that the Court is empowered 57. (1) Where a person is convicted of having stolen or Restitution
otherwise obtained property dishonestly by means of an offence, or, of property
to impose. stolen or
is convicted of being involved in or facilitating the commission of an its value.
Costs to be 53. Where it appears to the Court that a charge is malicious, offence, the Court convicting him may-
paid by
complainant frivolous or vexatious, the Court may order the complainant to pay all
in certain or any specified part of the expenses of the prosecution or of the (a) order that the property or part thereof be
cases. defence but such sum shall not exceed the maximum fine that the restored to the person who appears to be the
Court is empowered to impose. owner thereof either on payment or without
payment by the owner to the person in whose
possession such property or a part thereof
Payments t o 54. The Court may, when exercising the powers conferred upon
parties. of any sum named in the order;
it by section 52 or 53, order that the whole, or such portions as the
Court thinks fit, of the expenses paid, be paid over to the prosecutor (b) make an assessment as to the value of the
or to the defendant, as the case may be. property at the time it was so stolen or
otherwise obtained as aforesaid, and order
Recovery of 55. (1) Compensation or expenses awarded under sections that the sum so assessed be paid by the
damages, etc.
51 to 54 or paragraph (b) of subsection (1) of section 57 shall not be person convicted to the person who appears
regarded as a penalty, but shall be recoverable as a judgment debt in to be the owner of the property.
Form 10
Second the Court by which the order for payment is made. (2) Where a person is convicted of an offence and the
Schedule
Court before which he is convicted is satisfied that the property has
(2) Nothing in this section shall in any way affect or limit been lawfully seized from him, or which was in his possession or
the powers conferred upon the Court by sections 56 and 57. under his control at the time when he was apprehended for the offence,
or has been used for the purpose of committing or facilitating the
RESTITUTION OF PROPERTY commission of an offence or was intended by him to be used for that
purpose, the Court may make such order as it thinks fit under this
Return of 56. (1) Where upon the arrest of a person charged with an section in respect of that property.
property
found on
offence, property is taken from him, the Court before which he is
charged may order that the property or a part thereof be restored to (3) This section shall not apply to-
person
arrested. the person who appears to the Court to be entitled to it.
30 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 31

(a) valuable security which has been bona fide 59. If the statement taken in writing under section 58 relates or Notices to be
paid or discharged by a person liable to pay given in
is expected to relate to an offence for which a person is under a certain cases.
or discharge the security; or charge or committal for trial, reasonable notice of the intention to
take the statement shall be served upon the prosecutor and defendant, Form 12
(b) negotiable instrument or money which shall and if the defendant is in custody, he shall be brought by the person Second
have been bona fide received by transfer or Schedule
in whose charge he is, under an order in writing of the Court, to the
delivery by any person for a just and valuable
consideration without notice, or without any place where the statement is to be taken.
reasonable cause to suspect, that it had been
stolen or otherwise dishonestly obtained; or 60. Where a statement taken in writing under section 59 relates Transmission
of statement.
to an offence for which a person is then or subsequently committed
(c) an offence against sections 20, 21 and 22 of for trial, it shall be transmitted to the Court in which the person is to
the Larceny Act, 1916. be tried, and a copy thereof shall be transmitted to the Attorney-
General and Minister of Justice.
(4) On the restitution of a stolen property if it appears to
the Court by the evidence that the person convicted has sold the 61. (1) A statement taken in writing under section 58 may Statement
stolen property to a person, and that the person had no knowledge afterwards be used in evidence on the trial of a person accused of an may be used
that the property was stolen, and that monies have been taken from in evidence.
offence to which the statement relates, if the person who made the
the person convicted on his apprehension and not returned to him
under section 56, the Court may, on the application of the purchaser, statement is dead, or the Court is satisfied that -
order that out of such monies a sum not exceeding the amount of the (a) for sufficient cause his attendance cannot be
proceeds of the sale be delivered to the purchaser. procured; and
(b) reasonable notice of the intention to take such
PRESERVATION OF TESTIMONY IN CERTAIN CASES
statement was served upon the person
Power to take 58. Whenever it appears to a Court that any person against whom it is to be read in evidence;
depositions
dangerously ill or hurt, and not likely to recover, is able and willing and
of persons
dangerously to give material information relating to an offence, and it shall not be
ill. practicable to take the statement or deposition of the person so ill or (c) he had or might have had, if he had chosen to
hurt in accordance with Part III in relation to summary trials or Part be present, full opportunity of cross-
Form 11
Second IV in relation to committal proceedings, the Court may take in writing examining the person making the statement.
Schedule the statement on oath or affirmation of such person and shall
subscribe the same and certify that it contains accurately the whole (2) The signature and attestation of the Judge or
of the statement made by such person, and shall add a statement of Magistrate by whom a statement was taken shall be sufficient prima
the reason for taking the oath and of the date and place when and facie proof of the statement, and that the statement was taken in all
where it was taken, and shall preserve such statement and file it as respects according to law, and such attestation and signature shall
part ofthe record of ensuing proceedings. be admitted without proof unless the Court sees reason to doubt the
genuineness of the attestation and signature.
32 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 33

WRITTEN STATEMENTS AND DEPOSITIONS 63. (1) The written statement or deposition of a medical Written
statement or
practitioner or other witness, tendered or taken and attested to by a deposition of
Written 62. (1) Where a person has been committed for trial for an Magistrate in the presence of the defendant, may be read as evidence, medical
statement practitioner
and
offence, written statements obtained or the deposition of a person although the witness medical or the deponent is not called as a
may be read
depositions. taken before the committing Magistrate may, if the conditions set out witness. as evidence.
in subsection (2) are satisfied, without further proof, be read as
evidence on the trial of that person, whether for that offence or for (2) The Court may, if it thinks fit, and on the application
any other offence arising out of the same transaction or set of of either party, summon and examine the deponent as to the subject
circumstances as that offence. matter of his written statement or deposition.

(2) The conditions referred to in subsection (1) are - (3) This section shall be in addition to and not in
derogation of any other provisions of this Act.
(a) where a witness whose attendance at the trial
is stated to be unnecessary or who cannot 64. A statement made by the defendant at the committal Statement of
be found, or whose attendance cannot be proceedings may be given in evidence if admissible according to the defendant at
committal
procured without an amount of delay, rules of evidence. proceedings.
expense or inconvenience which in the
circumstances of the case, the Court 65. The signature or attestation of the Magistrate holding the Signature and
attestation of
considers unreasonable, or who is proved at committal proceedings shall be sufficient prima facie proof of a written Magistrate.
the trial by the oath or affirmation of a credible statement or deposition and that it was tendered or taken in all respects
witness to be dead or insane or otherwise, according to law, and the attestation and signature shall be admitted
mentally unwell, or so ill as not to be able to without further proof, unless the Court sees reason to doubt the
travel, or to be kept out of the way by means genuineness of the statement or deposition.
of the procurement of the
defendant or on his behalf; 66. (1) In a trial on indictment for murder or manslaughter, Dying
declaration.
the declaration of a deceased person, whether it be made in the
(b) where the document about to be tendered is presence of the defendant or not, may be given in evidence if the
a written statement or a deposition, it must deceased person at the time of making the declaration believed himself
be proved at the trial either by a certificate in danger of imminent death and entertained at the time of making it
purporting to be signed by the Magistrate no hope of recovery.
before whom the written statement or
deposition is purported to have been (2) In a trial otherwise than upon indictment for murder
tendered or taken, or, by the clerk to such or manslaughter where the cause of death of a deceased person
Magistrate, that the written statement was comes into question, the declaration of the deceased whether it be
tendered in the presence of the defendant; made in the presence of the defendant or not, may, at the discretion
and that where this was permissible, the of the Court be given in evidence if the deceased at the time of
defendant or his counsel had full opportunity making the declaration believed himself to be in danger of approaching
to cross-examine the witness. death although he may have entertained at the time of making it,
hopes of recovery.
34 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 35

Certain 67. (1) A document purporting to be a report under the hand (4) A document purporting to be a report under the hand
scientific
report to of a medical practitioner, dental surgeon or chemist duly registered of a forensic accountant, financial analyst, information technologist
be evidence. with the appropriate regulatory body or a forensic scientist or expert or expert actuarial scientist or other scientist or examiner relating to
duly registered for that purpose, relating to the examination or analysis any document,process or thing submitted to him for examination or
of- analysis may, if it is directed to the Court or the prosecuting authority
or is produced by a person to whom it is directed or someone acting
(a) a body, body part or body fluid; or on his behalf, be used as evidence of the facts stated in it at a
committal proceeding, trial or other proceeding under this Act.
(b) the extent of injuries of a person;
(5) The Court may presume that the signature to a
may, if it is directed to the Court or the prosecuting authority or document is genuine and that the person signing it held the office
produced by a Police Officer or a person to whom it is directed or to which he professed to hold or was recognised as such at the time
someone acting on his behalf, be used as evidence of the facts stated when he signed it.
in it in a committal proceeding, trial or other proceeding under this
Act. (6) Upon receiving a report in evidence the Court shall, if
it thinks such a course proper for the ends of justice, summon and
(2) A document purporting to be a report under the hand examine a person referred to in subsections (1), (2) (3) and (4) as a
of a pharmacist, chemist, forensic analyst, geoscientist, environmental witness or cause the person's evidence to be taken on commission,
expert, laboratory technician or other scientist duly registered for as the circumstances of the case shall require.
that purpose, relating to a substance or thing submitted to him for
examination or analysis, may, if it is directed to the Court or produced (7) For the purposes of this section, "vessel" includes
by a person to whom it is directed or someone acting on his behalf, an ocean-going ship, locally constructed boat and any other vessel
be used as evidence of the facts stated in it at a committal proceeding, plying the coastal or inland waterways of Sierra Leone.
trial or other proceeding under this Act.
DEFENCE OF UNSOUNDNESS OF MIND
(3) A document purporting to be a report under the hand Inquiry by
68. (1) When in the course of a trial or a committal proceeding,
of a licensed surveyor, an engineer, architect, quantity surveyor or Court.
the Court has reason to believe that the defendant is of unsound
other examining officer relating to - mind and consequently unable to make his defence, it shall order the Form 13
(a) land, civil works, buildings, electrical defendant to be confined in a mental hospital for a period of 30 days Second
installations, equipment, appliances, plants for observation. Schedule
or machinery; or
(2) Before or immediately upon the conclusion of the
(b) the condition or operations of any motor period of observation under subsection (1), the Chief Medical Officer
vehicle, vessel, aircraft or conveyance; shall cause a report on the condition of the defendant signed by 2
registered medical practitioners, notwithstanding that the practitioners
may, if it is directed to the Court or the prosecuting authority or who signed the reports hold different opinions as to the defendant's
produced by a Police Officer or a person to whom it is directed or mental state, to be sent to the Court, which shall forthwith, after
someone acting on his behalf, be used as evidence of the facts stated considering the report and taking such further evidence as it considers
in a committal proceeding, trial or other proceeding under this Act. necessary, make a finding upon the state of mind of the defendant.
36 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 37

(3) Where the Court finds that the defendant is of (2) When a finding is made under subsection (1), the
unsound mind and consequently incapable of making his defence, it Court shall -
shall - (a) order the defendant to be kept in custody as
(a) postpone further proceedings on the case; a criminal lunatic in a place and in the manner
and as the Court shall direct; and
(b) if the case is one in which bail may - (b) report to the Minister who may order the
defendant to be confined in a mental hospital,
(i) be granted, release the defendant on
correctional center or other suitable place of
sufficient security being given that he
safe custody.
shall be properly taken care of and shall
be prevented from doing injury to him
(3) Where a person is charged with an offence and it is
self or to any person or property, and
given in evidence on the trial of such person, that he was temporarily
for his appearance before the Court or
insane or was otherwise of diminished responsibility so as not to be
such officer as the Court may appoint
responsible for his action at the material time when the act was done,
in that behalf; or
the trial shall be proceeded with and the Court shall take such mental
condition into consideration in reaching a verdict.
(ii) not be granted, or if sufficient security
is not given, report to the Minister who
may order the defendant to be confined 71. (1) The Officer in charge of a mental hospital, correctional Periodical
in a mental hospital, correctional center center or other place in which a criminal lunatic is detained by virtue report on
criminal
or other suitable place of safe custody of an order made under section 68 or section 70, shall make a report lunatic.
and issue a warrant in accordance with to the Minister which shall be accompanied by a report by a medical Form 15
such order. practitioner at such times (not being less than once a year) and Second
containing such particulars as the Minister may require, of the Schedule
Defendant 69. Where the defendant appears to be of sound mind at the
appearing to conditions and circumstances of every criminal lunatic in the
time of the committal proceedings, the Court shall, notwithstanding
be of sound correctional centre, mental hospital or other place, and the Minister
mind at that it is alleged that at the time when the act was committed in
shall, at least once in every 3 years during which a criminal lunatic
committal respect of which the defendant is charged he was, by reason of
proceedings. is detained in the mental hospital, correctional centre or other place,
unsoundness of mind incapable of knowing the nature of the act or
consider the condition, history and circumstances of such criminal
that it was wrong or contrary to law, proceed with the case and if the
lunatic and determine whether he ought to be discharged absolutely
defendant ought to be committed for trial, so commit him.
or conditionally or otherwise dealt with.
Defence of 70. (1) Where a person is charged with an offence and it is
insanity. (2) Where a criminal lunatic is conditionally discharged
given in evidence on the trial of that person for that offence that he
Form 14 under subsection (1), a report of his condition shall be made to the
was insane so as not to be responsible for his action at the time when
Second Minister by such person, at such times and containing such particulars
Schedule the act was done, then if it appears to the Court before whom the
as may be required by the order of discharge.
person is tried that he did the act but was insane at the time when he
did it, the Court shall make a special finding to the effect that the
defendant is not guilty by reason of insanity.
38 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 39

Transfer and 72. (1) The Minister may, from time to time by order direct 75. (1) Notwithstanding anything contained in sections 73 Trial to be
discharge of discontinued
defendants of the transfer of a criminal lunatic detained in a mental hospital, and 74 where it is certified by the officer in charge of a mental hospital in certain
unsound mind. correctional center or other suitable place of safe custody and the or other medical practitioner appointed for that purpose by the cases.
Form 15 criminal lunatic shall accordingly be received and detained in such Chief Medical Officer, that the mental balance of a defendant would
Second a place of safe custody, to which he is so transferred. be jeopardised by the strain of a trial, the proceedings against the
Schedule
defendant shall be discontinued unless the Attornay-General and
(2) The Minister may by order absolutely discharge a Minister of Justice informs the Court that he considers it essential
criminal lunatic and may also discharge a criminal lunatic on such in the public interest for the trial to proceed.
conditions as to the duration of the discharge or otherwise as the
Minister may think fit. (2) Where the proceedings are discontinued under
subsection (1), the Court shall discharge the defendant and thereafter
(3) Where a criminal lunatic has been discharged he shall be subject to (Cap. 127) the Lunacy Act in the same
conditionally under subsection (2), if any of the conditions of such circumstances and to the same extent as a mental patient against
discharge appear to the Minister to be broken or the conditional whom proceedings have not been brought.
discharge is revoked, the Minister may by order direct him to be
taken into custody and to be conveyed to some mental hospital, ADMISSION TO BAIL
correctional center or other place of safe custody named in the order,
and he may thereupon be taken in like manner as if he had escaped 76. (1) Where a person is charged with an offence - Admission
to bail by
from the mental hospital, correctional center or other place of such Judge or
custody and shall be received and detained therein as if he had been (a) of murder or treason he shall not be admitted Court.
removed thereto in pursuance of this Act. to bail except by a Judge;

Resumption
(b) for which the maximum penalty is life
73. Whenever a committal proceeding or trial is postponed
of trial or imprisonment, the Court may, if it thinks fit,
under section 68 or section 136, the Court may at any time resume the
investigation. admit him to bail;
committal proceeding or trial and require the defendant to appear or
be brought before such Court, when, if the Court considers him capable (c) other than those referred to in paragraphs
of making his defence, the committal proceeding or trial shall proceed, (a) and (b), the Court shall admit him to bail,
but if the Court considers the defendant to be still incapable of making unless the prosecutor proffers good and
his defence, the defendant shall be dealt with as though the committal sufficient reasons, on affidavit, why bail
proceeding or trial had not been resumed. should not be granted.

Certificate 74. Where a person is confined in a mental hospital under (2) A person may be admitted to bail at any time and
of medical thereupon shall be discharged from custody or correctional centre if
officer to be
section 68 and the Officer in charge of such hospital certifies that, in
evidence. his opinion, the defendant is capable of making his defence, the he is not detained for any other cause.
Form 16
defendant shall be taken before the Court at such time as the Court
Second appoints, to be dealt with according to law and the certificate of the (3) A Judge may, if he thinks fit, admit a person to bail
Schedule medical officer shall be receivable in evidence. although the Court before whom the charge is pending has not
thought it fit to do so.
40 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 41

(4) A defendant who is admitted to bail shall procure such (b) under a warrant endorsed for bail under
surety or sureties as in the opinion of the Court will be sufficient to section 28.
ensure his appearance as and when required and shall with him or
them, enter into a recognisance accordingly. (2) A Police Officer in admitting a suspect or defendant
to bail under subsection (1), may require the defendant to -
(5) The Court may dispense with sureties if, in its opinion,
its so dispensing will not tend to defeat the ends of justice and may (a) surrender his travelling documents or such
make such orders, as it may deem fit, including that the defendant - other documents as may be required;

(a) surrenders his travelling documents to the (b) report at such place and at such times as may
Court pending the hearing or trial; be determined;
(c) give a definite place of abode or residence;
(b) reports at such place and at such times as
or
the Court may determine;
(d) provide surety or sureties, with or without
(c) gives a definite place of abode or residence; title deeds or other security as may be
or approved.

(d) be subject to restriction on his movement or (3) A recognisance under subsection (1), shall be of full
such terms as the Court may determine. and equal obligation on the parties entering into it and liable to all its
proceedings for the forfeiture and levy of recognisances under section
(6) Where the defendant is required to procure a surety 124.
or sureties, the recognisances of the sureties may be taken separately
and either before or after the recognisance of the defendant. (4) A Police Officer shall, in admitting a suspect or
Form 19
defendant to bail under subsection (1), enter in a book, kept for that Second
(7) The Rules of Court Committee may make such rules purpose in every police station or post or lock-up, the name, residence Schedule
as may be necessary for giving effect to this section. and occupation of the person entering into the recognisance and of
his surety or sureties, if any, with the condition of the recognisance
Admission 77. (1) Notwithstanding anything contained in section 76, a and documents or other security deposited or acknowledged.
to bail by
Police Police Officer in charge of a police station or police post may admit
Officer. to bail by recognisance conditioned for the appearance of a defendant (5) A book, kept under subsection (4), shall be laid before
before the Magistrate Court or the Police Officer, on a day and at a the Magistrate or the Police Officer present at the time and place
place to be mentioned in the recognisance, there and then to be dealt where the suspect or defendant is required to appear and such
with according to law, where a defendant is arrested - Magistrate or Police Officer may enlarge the recognisance to such
further time as he may appoint.
(a) without warrant, on a charge for an offence
other than an offence for which the penalty
is life imprisonment; or
42 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 43

CONVICTION FOR OFFENCE OTHER THAN THAT 81. (1) Where on a trial for any of the offences mentioned in Persons
charged with
CHARGED sections 25, 26, 27 and 28 of the Larceny Act, 1916, the facts proved burglary,
Person 78. (1) Where on the trial of a person charged with an offence in evidence authorise the conviction for some other of these offences etc., may be
charged with and not the offence with which the defendant is charged, he may be convicted of
an offence
it appears upon the evidence that the defendant did not complete kindred
the offence but was guilty of attempting to commit the offence or to found guilty of the other offence and thereupon he shall be punished offences.
may be
convicted cause such offence to be committed, such defendant shall not be as if he had been convicted on information or an indictment charging
of attempt.
acquitted, but a verdict may be returned of not guilty of the offence him with such offence, except that a person shall not be convicted
charged but guilty of an attempt to commit the offence and thereupon under this subsection, of an offence, the maximum punishment for
the defendant shall be punished as if convicted on an information or which is greater than that prescribed for the offence charged.
indictment for attempting to commit such offence and no person so
tried shall be afterwards prosecuted for an attempt to commit the (2) Where a person charged with any offence under
offence for which he was so tried. 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
(2) Where a person is charged with an attempt to commit of stealing although he was not charged with that offence and where
an offence and the evidence establishes the commission of the full a person is charged with stealing a money or valuable security he
offence, the defendant may not be convicted of the full offence but may, in like manner, be convicted of embezzlement or of fraudulent
may nevertheless be convicted of the attempt. application or disposition as the case may be.

Conviction of 79. (1) Where a person is charged with murder he may, if the (3) Where a person is charged with stealing a chattel,
manslaughter
evidence so warrants, be acquitted of murder and convicted of money or valuable security, and it is proved that he received the
on a charge of
murder. manslaughter if the evidence so warrants although he was not chattel, money or valuable security knowing it to have been stolen,
charged with that offence. he may be convicted of receiving although he was not charged with
that offence.
(2) Where upon the trial of a woman for the murder of her
child, being a child under the age of 12 months, and the Court is of (4) Where a person is charged with stealing and it is
the opinion that at the time she, by any wilful act or omission, caused proved that he obtained the chattel, money or valuable security in
his death but that at the time of the act or omission the balance of her question in such manner as would amount under the Larceny Act,
mind was disturbed by reason of her not having fully recovered from 1916, to obtaining it by false pretenses with intent to defraud, he
the effect of giving birth to the child or by reason of the effect of may be convicted of obtaining it by false pretenses although he was
lactation consequent upon the birth of the child, she may be not charged with that offence.
convicted of infanticide.
(5) Where a person is charged with obtaining a chattel,
Conviction 80. Where a person is charged with robbery and it is proved money or valuable security by false pretenses with intent to defraud
of assault
that he committed an assault with intent to rob, he may be acquitted and it is proved that he stole the property in question, he may be
with intent to
rob on a of robbery and convicted of an assault with intent to rob although convicted of stealing it although he was not charged with that offence.
charge he was not charged with that offence.
of robbery.
44 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 45

(6) Where 2 or more persons are charged jointly with (3) A spouse or cohabiting partner of a person charged
receiving a property, and it is proved that one or more of the persons with an offence shall not be -
separately received any part of the property, any of those persons
(a) called as a witness under this Act except upon
who are proved to have received a part of the property may be
the application of the person so charged;
convicted upon such charge.
(b) compellable to disclose communication made
(7) Where a defendant is charged with rape or sexual to each other during the marriage or
penetration and the original charge is not proved, he may be convicted cohabitation.
of any of the lesser offences in the Sexual Offences Act, 2012 (Act
No. 12 of 2012) or in any other law dealing with indecent assault (4) A person charged with an offence under this Act and
although not charged with that offence. being a witness may be asked any question in cross-examination,
notwithstanding that it would tend to incriminate him as to the offence
(8) Where a defendant is charged with wounding and the charged.
original charge is not proved, he may be convicted of the lesser
offence of common assault although not charged with that offence. (5) A person charged with an offence and called as a
witness under this Act shall not be asked, and if asked shall not be
Trials under 82. Subject to section 3, trial of felonies and misdemeanors required to answer, a question tending to show that he has committed
this Act.
shall be conducted in accordance with this Act. or been convicted of or been charged with an offence other than that
for which he has been charged or is of bad character, unless-
Spouse 83. Subject to any law relating to evidence in criminal cases,
shall be where a person charged with an offence, is married to another person, (a) the proof that he has committed or been
competent
and that other person shall be a competent and compellable witness on convicted of such other offence is admissible
compellable behalf of either the prosecution or the defence. evidence to show that he is guilty of the
witness. offence charged;
Competency 84. (1) Subject to any law relating to the giving of evidence
of person in Court, a person charged with an offence and the spouse or (b) he has personally or by his counsel -
charged and
his spouse or cohabiting partner shall be a competent witness for the defence at
cohabiting every stage of the proceedings, whether the person charged is (i) asked questions of the witnesses for
partner to charged solely or jointly with any other person. the prosecution with a view to
give establishing his own good character;
evidence. (2) Notwithstanding subsection (1) a person charged with
an offence shall not - (ii) given evidence of his good character;
(a) be called as a witness under this Act except or
upon his own application; or
(iii) invited imputations on the character of
(b) be made the subject of a comment by the the prosecutor or the witnesses for the
prosecution on account of the failure of him, prosecution; or
his spouse or cohabiting partner, as the case
may be, to give evidence.
46 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 47

(c) he has given evidence against another person 88. (1) The spouse or cohabiting partner of a person charged Calling of
spouse or
charged with the same offence. with an offence relating to rape, abduction of females or other sexual cohabitating
offences, may be called as a witness either for the prosecution or partner in
(6) A person called as a witness under this Act shall, defence and without the consent of the person charged certain cases.
unless otherwise ordered by the Court, give his evidence from the
witness box or other place from which the other witnesses gave their (2) Nothing in this Act shall affect a case where the
evidence. spouse or cohabiting partner of a person charged with an offence
may at common law be called as a witness, without the consent of
(7) A person charged with an offence may, that person.
notwithstanding subsections (1) to (6), make a statement without
being sworn. 89. (1) A party producing a witness shall not be allowed to Hostile
Prosecution witness and
to deliver to
impeach his credibility by general evidence of bad character, but he
85. (1) At any time before, or during the course of a trial, the previous
defendant may, in case the witness, in the opinion of the Judge, proves adverse inconsistent
copies of prosecution shall, at the request of the defendant, deliver to him a or hostile, contradict him by other evidence, or, by leave of the Judge, statement.
written copy of a written statement taken by the police or any other prove that he has made at other times a written statement inconsistent
statements
before trial.
prosecuting authority from any person whom the prosecution intends with his present testimony.
to call as a witness or who is actually called as a witness.
(2) Where a witness under subsection (1), upon cross-
(2) Where a witness is cross-examined at the trial on examination as to a former statement made by him and inconsistent
behalf of the defendant on any part of the witness's written statement with his present testimony, does not admit that he has made such
made to the police or other prosecuting authority, the police or other statement, proof may be given that he did in fact make it.
prosecuting authority may furnish the Court with a copy of the written
statement which shall become part of the record of the trial. (3) Proof that the written statement of a witness is
inconsistent with his present testimony shall not be given unless the
(3) A written statement taken by the police or other circumstances of the supposed written statement, sufficient to
prosecuting authority shall not thereby become evidence of facts designate the particular occasion, is mentioned to the witness and
alleged therein, but the judge may take it into account in judging the he is asked whether or not he has made such written statement.
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 (4) A witness may be cross-examined as to previous
cross-examining a witness and in addressing the Court. statements made by him in writing or reduced into writing, without
such writing being shown to him unless the written statement is
Evidence of 86. Where the only witness to the facts of the case called by intended to contradict such witness.
person the defence is the person charged, he shall be called as a witness
charged.
immediately after the close of the evidence for the prosecution. (5) A written statement intended to contradict a witness
under subsection (4), shall not be given, unless -
Right of 87. Where the right of reply depends upon the question whether
reply. evidence has been called for the defence, the fact that the person
charged has been called as a witness shall not of itself confer on the
prosecution the right of reply.
48 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 49

(a) the attention of the witness is called to those (b) the information contained in the document
parts of the writing which are to be used for was supplied by a person whether the maker
the purpose of so contradicting him; and of the statement or a person who had or may
reasonably be supposed to have had personal
(b) the judge is able, at any time during the trial,
knowledge of the matters dealt with in the
to order reproduction of the writing for his
document.
inspection and make such use of it for the
purposes of the trial, as he may think fit.
(2) Subsection (1) applies whether the information
contained in the document was supplied directly or indirectly but, if
Circumstances 90. A statement made in a document shall be admissible in
where it was supplied indirectly, only if each person through whom it was
secondary
criminal proceedings as evidence of a fact of which direct oral evidence
supplied received it-
evidence is would be admissible if the person who made the statement is -
admissible.
(a) in the course of a trade, business, profession
(a) dead or by reason of his bodily or mental or other occupation; or
condition is unfit to attend as a witness;
(b) as the holder of a paid or unpaid office.
(b) out of the jurisdiction of Sierra Leone and it
is not reasonably practicable to secure his
(3) With the exception of expert reports, a statement
attendance;
prepared for the purposes of-
(c) cannot be found after all reasonable steps
have been taken to find him; (a) a pending or contemplated criminal
proceeding; or
(d) does not wish to give evidence through fear,
provided that the statement was made to a (b) criminal investigations,
Police Officer or some other person charged
with the duty of investigating offences or shall not be admissible under subsection (1) unless the requirements
charging defendants. of that section are satisfied or the person who made the statement
cannot reasonably be expected, having regard to the time which has
Admissibility 91. (1) A statement in a document shall be admissible in a elapsed since he made the statement and to all other circumstances,
of statements.
criminal proceeding as evidence of a fact of which direct oral evidence to have recollection of the matters dealt with in the statement.
would be admissible if the following conditions are satisfied-
92. (1) In a criminal proceeding, where a tape or video Admissibility
(a) the document was created or received by a recording or any other material, whether produced or recorded
of evidence
on tape,
person in the course of a trade, business, mechanically, electronically, digitally, manually or otherwise, is video
profession or other occupation, or as the relevant to an issue in dispute, it shall be open to either party to recording or
holder of a paid or unpaid office; and replay such tape, video, other form of electronic recording, or other
film.

material to the Court and the same shall be received in evidence.

50 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 51

(2) In a criminal proceeding, where a map, photograph, 98. (1) Redacted and un-redacted statements shall be served Redacted and
unredacted
film, disc or any form of computer input or output and any other on the defence by the prosecution within 8 days of the initial statements to
material, whether produced or recorded mechanically, electronically, appearance of the defendant, or, for such period, not exceeding 3 be served on
digitally, manually or otherwise is relevant to an issue in dispute, it days at any one time, as the Court may determine, after the initial defence.
shall be open to either party to produce such map, photograph, film, appearance of the defendant.
disc, computer input or output or other material to the Court and the
same shall be received in evidence. (2) Where a defendant intends to raise the defence of
alibi, he shall give notice of it to the prosecution within 14 days after
PART III - SUMMARY TRIALS receipt of an un-redacted statement under subsection (1).

Trials in 93. A trial in a Magistrate Court shall be conducted summarily 99. (1) At the first appearance, the substance of the charge Defendant to
Magistrate be called
Court.
in the manner and subject to the conditions laid down in this Part. or charges shall be read out to the defendant and he shall be asked if upon to
he admits or denies the truth of the charge. plead.

Court to 94. (1) A Magistrate Court shall sit to hear and determine the (2) A Magistrate Court shall record the exact words of
sit in
public.
charge in a room or place to which the public generally shall have the answer to the charge made by the defendant and if the answer
access as far as it can conveniently contain them. does not consist merely of the words "guilty" or "not guilty", as the
case may be, the Magistrate Court shall record its interpretation of
(2) Notwithstanding subsection (1), the Court may make the answer and whether in the opinion of the Court it amounts to a
an order for a trial to be heard in camera if it is satisfied that it is in the plea of guilty or not guilty, as the case may be.
interest of justice to do so.
100. Where a defendant admits the truth of the charge, the Procedure in
plea of guilty.
Non- 95. Where a defendant comes before a Magistrate Court on Magistrate Court may convict him or refuse to accept a plea of guilty,
appearance
of
a summons, warrant, or otherwise, either originally or on adjournment, as it thinks fit.
prosecutor. then if the prosecutor, having had notice of the time and place
appointed for the hearing or adjourned hearing of the charge, does 101. (1) The Magistrate Court may, at any time during the Hearing may
not appear, the Court shall dismiss the charge, unless for some reason hearing of a charge, adjourn the hearing for a period not exceeding 3 be adjourned.
it thinks fit to adjourn or further adjourn the hearing. days if the defendant is not on bail.

Appearance 96. If at the time and place appointed for the hearing of a case, (2) An adjournment ordered for any reason shall be made
of both
parties.
both the defendant and the prosecutor appear before the Magistrate to a certain time and place appointed and stated at the time of
Court, it shall proceed to hear and finally determine the charge. adjournment in the presence and hearing of the parties.

Where 97. Where a defendant does not appear personally and pleads 102. A Magistrate Court may, during an adjournment, according Custody of
defendant defendant.
pleads guilty guilty in writing under section 23, the Magistrate Court may proceed to the nature and circumstances of each case and subject to section
in writing. to determine the matter notwithstanding the absence of the 77, -
prosecutor.
52 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 53

(a) release the defendant on bail or commit him (b) is charged with an offence punishable by a
by warrant to a correctional centre or other term of imprisonment not exceeding one year;
place of detention or safe custody as the
Court thinks fit; or issue a warrant for the arrest of the defendant and cause him to be
(b) discharge the defendant on his entering into brought before it.
a recognisance with or without a surety or
sureties. 104. (1) A Magistrate Court shall, where - Procedure
on plea of
Non- not guilty.
103. (1) A Magistrate Court may, where - (a) a defendant does not admit the truth of the
appearance of
defendant in charge; or
answer to (a) at a time or place appointed by summons or
summons or on the adjournment of a hearing, a defendant
after (b) the Court refuses to accept a plea of guilty;
adjournment. does not appear, and, in the case of a
summons, it is duly proved that the summons proceed to hear the prosecutor and his witnesses and other evidence,
was served on the defendant within a if any.
reasonable time before the time for his
appearance; and (2) The defendant or his Counsel may put questions to
each witness produced against him and the answer of the witness to
(b) the charge is not an offence punishable by a the questions shall be part of his case.
term of imprisonment exceeding one year,
proceed with the hearing and convict the (3) Where a defendant does not employ a Counsel, the
defendant in his absence, or refrain from Magistrate Court shall, at the close of the examination of each witness
doing so until he shall be brought before it. for the prosecution, ask the defendant whether he wishes to put any
questions to that witness.
(2) A Magistrate Court may, set aside a conviction made
in the absence of a defendant upon being satisfied that his absence 105. (1) A Magistrate Court shall, where at the close of the Defence.
was due to causes over which he had no control and that he has a evidence in support of a charge,-
good defence upon the merits.
(a) the defendant or his counsel makes a no case
(3) A sentence of imprisonment passed under subsection submission; and
(1) shall be deemed to commence from the date of arrest.
(b) it appears to the Court that the case is not
(4) A Magistrate Court shall, where, in its discretion, made out against the defendant sufficiently
refrains from convicting in his absence, a defendant who - to require him to make a defence, as to the
particular charge,
(a) has not appeared; and
acquit and discharge the defendant.
54 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 55

(2) A defendant or his counsel shall first make a no case (a) the prosecutor may adduce evidence in reply
submission, under paragraph (a) of subsection (1), and thereafter thereto but shall not make observations by
the prosecuting counsel shall reply and the defendant or his counsel way of reply to the evidence adduced by the
shall not be entitled to say anything further. defendant; and
(b) the defendant shall not make observations
(3) A Magistrate Court shall, where at the close of
on evidence adduced by the prosecutor in
evidence in support of a charge, it appears to the Court that the case
reply.
is made against the defendant sufficiently to require him to make a
defence, ask him if he - 107. (1) A Magistrate Court shall, where, before trial upon Amendment
information or at any stage of the trial, it appears to the Court that- oinformation.
f

(a) wishes to say anything in answer to the

charge; or (a) the information is defective in a material
particular; or
(b) has witnesses to examine or other evidence
(b) the evidence discloses an offence other than
to adduce in his defence;
the offence with which the defendant is
charged;
hear the defendant and his witnesses and other evidence, if any.
make such order for the amendment of the information as it thinks
(4) A Magistrate Court may, where -
necessary to meet the circumstances of the case, unless having regard
to the merits ofthe case, the required amendment cannot be made
(a) a defendant states that he has witnesses to
without injustice.
call, other than an alibi witness in respect of
whom notice should have been given but
(2) An order for the amendment of the information under
they are not present in Court;
subsection (1), may be by way of amendment of the information or by
(b) the absence of the witnesses is not due to a the substitution or addition of a new charge and on such terms as
fault of the defendant; and shall seem to the Court to be just.
(c) there is a likelihood that they could, if present,
give material evidence on behalf of the (3) A Magistrate Court shall, where an information is
defendant, amended under subsection (1), -
adjourn the trial and issue process or take other steps, to
(a) call upon the defendant to plead to the
compel the attendance of such witnesses.
amended information;
Evidence 106. Where a defendant adduces evidence other than evidence
in reply.
as to character in his defence, except with the leave of the Court,- (b) at the request of the defendant, recall any of
the witnesses for the prosecution, or for the
defence, for further cross-examination or re-
examination, as the case may be.
56 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 57

(4) Variance between the information and the evidence (a) one or more of the defendants may be
adduced in support of it with respect to the time at which the alleged prejudiced or embarrassed in his defence by
offence was committed is not material, if it is proved that the reason of being charged together with
information was in fact made within the time, if any, limited by law for another person or other persons in one count
its making. or in the same information; or
(b) for any other reason it is desirable to direct
(5) A Magistrate Court shall,-
that one or more defendants should be tried
(a) where an amendment of an information is separately for any one or more of the offences
made under subsection (1) or there is a charged on the information;
variance between the information and the
evidence as described in subsection (4); and order a separate trial of that defendant or those defendants.

(b) it is of the opinion that the defendant has 109. (1) A Magistrate Court shall, having heard the witnesses Determination
of charge.
been thereby deceived or embarrassed; and other evidence adduced and submissions by the parties
themselves or their counsel, consider the whole matter and finally
allow a witness to be recalled and further questioned upon any determine the case and either -
matter relevant to the amended or varied charge and adjourn the trial
(a) convict the defendant and pass sentence; or
for such period as may be reasonably necessary.
(b) cause a record to be made of the point or
Order for 108. (1) A Magistrate Court may, where at any stage of a trial
separate trial.
points for determination, the decision therein
it is of the opinion that - and the reason for the decision.
(a) the defendant may be prejudiced or
(2) A Magistrate Court may, at any time before the final
embarrassed in his defence by reason of
determination of a case under subsection (1), allow the prosecutor to
being charged with more than one offence in
withdraw any charge against the defendant whereupon such charge
the same information; or
shall be deemed to be dismissed.
(b) for any other reason it is desirable to direct
that the defendant should be tried separately (3) Where a Magistrate Court convicts or makes an order
for any one or more offences charged in one against a defendant in respect of which an appeal lies to the High
information; Court, the Magistrate Court shall inform the defendant of his right to
appeal at the time of entering the conviction or making the order.
order a separate trial of an offence or offences charged in the
information. PART IV - COMMITTAL PROCEEDINGS
(2) A Magistrate Court may, where at any stage of a trial, 110. The Magistrate shall, where a person is before him charged Procedure in
committal
it is of the opinion that - with an offence which is triable exclusively by the High Court or in proceedings.
the opinion of the Magistrate ought to be tried by the High Court,
conduct committal proceedings into the charge or charges alleged,
in accordance with this Part and the Second Schedule.
58 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 59

Committal 111. (1) A committal proceeding under section 110, shall not 112. A Magistrate shall, at the initial appearance of a defendant Proceedings
proceedings at initial
not to be be held in an open or public Court and the Court shall, if the before a Magistrate Court on summons, warrant or otherwise,- appearance.
held in Magistrate thinks that the ends of justice will be served by so doing,
public. order that a person shall not have access to, or be, or remain in the (a) cause the substance of the charge or charges
room or place where the committal proceedings are held without the against the defendant to be read to him in an
express permission of the Court. audible voice and in a language which he
understands and he shall not be required to
(2) Reporting or publication of committal proceedings is take a plea;
prohibited except to the following extent -
(b) notify the prosecution and the defendant that
-
(a) the identity of the Court and the name of the
Magistrate conducting the proceedings; (i) the decision to commit the defendant
for trial shall be taken not more than 28
(b) the names, addresses and occupation of the
days after the initial appearance or at
parties and witnesses and the ages of the
such later date as may be permitted by
defendant and witnesses but where the
the Court;
offence charged is one of a sexual nature, the
names and addresses of the parties shall be
(ii) the prosecution shall, not later than 14
excluded;
days before the date fixed for committal,
file in the Court and serve on the
(c) the offence with which the defendant is
defendant copies of all written
charged or a summary thereof;
statements of the witnesses whom the
(d) the names of counsel and solicitors engaged prosecution intends to call at the trial,
in the proceedings; including those obtained from the
(e) any decision of the Court to commit the defendant and all documents together
defendant or any of the defendants for trial with a list of all physical and material
or otherwise; evidence it intends to tender at the
committal hearing:
(f) the Court to which and the charge on which
the defendant is committed or a summary of Provided that such period of 14 days shall be extended for
the charge, where the Court so commits the a further period not exceeding 7 days if the prosecution makes such
defendant for trial; an application before the expiration of the said 14-day period;
(g) the date and place to which the proceedings
are adjourned, in the event of an (c) inform the defendant that -
adjournment; and
(h) any decision as to the defendant being
admitted to bail or being remanded in custody.
60 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 61

(i) if after service of the written statements, (2) The committing Magistrate shall, -
documents and list referred to in (a) where a defendant elects to take or not to
subparagraph (ii) of paragraph (b), he take any of the steps mentioned in
wishes to object to the use of the written subparagraphs (i) and (ii) of paragraph ( c )
statements, documents and physical of section 112; and
and material evidence, he shall do so,
not less than 7 days before the date (b) if satisfied that the statements and other
fixed for the committal hearing by filing evidence as to the commission of the offence
a notice to that effect in Court; or any other indictable offence, produced and
tendered under paragraph (a) of subsection
(ii) if he wishes to give evidence himself or (1) of section (113), are sufficient to put the
to call witnesses in his defence at the defendant on trial;
committal proceedings, he shall, not
proceed to commit him for trial in the High Court.
later than 7 days before the date fixed
for the committal hearing, file in the
(3) The defendant shall, if on the date fixed for the
Court and serve on the prosecution,
committal hearing, he has indicated in the manner set out in
the written statements made by himself
subparagraph (i) of paragraph (c) of section 112 that he wishes to-
and his witnesses.
(a) object to any of the prosecution's written
(d) release the defendant on bail or remand him statements, documents or other physical
in custody in accordance with section 76. evidence, or
(b) cross-examine a witness or witnesses, state
Statements to 113. (1) On the date fixed for committal to the High Court-
be provided. his objection or objections or cross examine
(a) the prosecution shall make available and the witness or witnesses on that date.
produce and tender in Court, the written (4) A Magistrate shall take down the objection made
statements, documents and the physical and under subsection (3) but shall not determine any of the issues raised
material evidence itemised in the list referred in it or make it form part of the record.
to in subparagraph (ii) of paragraph (b) of
section 112; (5) Where a witness for the prosecution is called on the
application of the defendant or his counsel under section 112, -
(b) the defendant shall, if he has so elected to
take the steps mentioned in subparagraphs (a) the defendant or his counsel shall proceed
(i) and (ii) of paragraph (b) of section 112, to cross-examine such witness or witnesses;
make available, produce and tender in Court, and
the written statements made by himself and
(b) the prosecution shall be entitled to cross-
his witnesses.
examine any alibi witness called by the
defendant.
62 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 63

(6) The evidence of a witness or witnesses cross- "This statement consisting of........pages
examined under subsection (5) shall be recorded in the form of a signed by me is true to the best of my
deposition which shall be read over and explained to the witness or knowledge and belief and I make it
witnesses in a language which the witness or witnesses understand knowing that, if tendered in evidence I
and witness or witnesses shall then sign the deposition if it is a true shall be liable to prosecution if I have
record of his evidence and attested to by the Magistrate. wilfully stated in it anything which I
know to be false or do not believe to be
(7) A committing Magistrate shall, where he is of the view true"
that the evidence sufficiently shows the commission of an offence
Form 21
Second
other than that with which the defendant is charged, inform the (This will be followed by the date, then
Schedule defendant and record his finding in writing and commit the defendant the statement and the person's signature
for trial for that offence. or thumbprint and the signature of the
person who witnessed the signing or
(8) Notwithstanding subsection (7) the defendant may, the affixing of the thumbprint.)
at the close of the prosecution's case, submit to the Court that there
is no case to answer. (b) in the case of an illiterate person-

(9) Where a defendant or his counsel makes a no case "This statement consisting of.......pages
submission, under subsection (8), he shall first make his submission bearing my mark or marked by me was
and thereafter the prosecuting counsel shall reply and the defendant made by me in the …language
or his counsel shall not be entitled to say anything further and the andinterpreted by an interpreter and was
committing Magistrate shall decide there and then whether to read over to me in …language, and is
commit or not and record the reasons for his decision. true to the best of my k no wl e d g e
and belief and I make it knowing that,
(10) The Court shall, where it considers that the evidence if tendered in evidence I shall be liable
against a defendant is not sufficient to put him on trial, forthwith to prosecution if I have wilfully stated
order him to be discharged as to the particular charge but the in it anything which I know to be false
discharge shall not be a bar to any subsequent charge in respect of or do not believe to be true"
the same facts.
(This will be followed by the date, then
Endorsement 114. A written statement taken by a Police Officer or a the statement and the person's
on written prosecuting authority shall have the following endorsement at the thumbprint or other mark and the
statements.
top of the first page - signature of the person who witnessed
the affixing of the thumbprint or other
(a) in the case of a literate person - mark.)
64 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 65

(c) in the case of a literate person who has no (e) in the case of a blind literate person-
limbs -
"This statement consisting of........pages
"This statement consisting of.......pages signed by me was made by me in the
bearing my mark or marked by me was ……language and was read over to me
made by me is true to the best of my in ……language which I admit to be true
knowledge and belief and I make it to the best of my knowledge and belief
knowing that, if tendered in evidence and I make it knowing that, if tendered
I shall be liable to prosecution if I have in evidence I shall be liable to
wilfully stated init anything which I prosecution if I have wilfully stated in it
know to be false or do not believe to be anything which I know to be false or do
true." not believe to be true"

(This will be followed by the date, then (This will be followed by the date, then
the statement and the person's mark the statement and the person's signature
and the signature of the person who or thumbprint and the signature of the
witnessed the affixing of the mark.) person who witnessed the signing or
the affixing of the thumbprint.)
(d) in the case of an illiterate person who has no (f) in the case of a blind illiterate person-
limbs -
"This statement consisting of........pages
"This statement consisting of............. bearing my mark or marked by me was
pages bearing my mark or marked by made by me in the …….language and
me was made by me in the interpreted by an interpreter and was
……..…language and interpreted b y read over to me in the..……language
an interpreter and was read over to me which I admit to be true to the best of
in the ………language and is true to the my knowledge and belief and I make it
best of my knowledge and belief, and I knowing that, if tendered in evidence
make it knowing that if tendered in I shall be liable to prosecution if I have
evidence I shall be liable to prosecution wilfully stated in it anything which I
if I have wilfully stated in it anything know to be false or do not believe to be
which I know to be false or do not true"
believe to be true" (This will be followed by the date, then
the statement and the person's
(This will be followed by the date, then thumbprint or other mark and the
the statement and the person's mark and signature of the person who witnessed
the signature of the person who the affixing of the thumbprint or other
witnessed the affixing of the mark.) mark.)
66 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 67

(g) in the case of a deaf or dumb literate person- 115. (1) Where a committing Magistrate decides that there is Committal of
defendant.
sufficient evidence to put a defendant on trial, he shall say to the
"This statement consisting of........pages
defendant:
signed by me was made by me in the
"Having considered the evidence, you are
sign language which I read and admit
committed to the High Court sitting at
to be true to the best of my knowledge
……..to stand trial for the offence of …….
and belief and I make it knowing that, if
tendered in evidence I shall be liable to Copies of written statements and depositions
prosecution if I have wilfully stated in it (if any), the record of the committal
anything which I know to be false or do proceedings and any other document and
not believe to be true" a list of all physical and material evidence
tendered in the Magistrate Court shall be
(This will be followed by the date, then the served on you before trial and you will be
statement and the person's signature or entitled to give evidence and to call witnesses
thumbprint and the signature of the person at your trial."
who witnessed the signing or the affixing of
the thumbprint.) (2) The committing Magistrate shall, if the circumstances
of the case warrant the giving of an alibi warning to the defendant,
(h) in the case of a deaf or dumb illiterate person-
say to the defendant:
"I must warn you that, if you intend to
"This statement consisting of........pages
give evidence of an alibi or to call
bearing my mark or marked by me was
witnesses in support of an alibi at the
made by me in sign language and was
trial in the High Court, you shall give
demonstrated to me in sign language
those particulars now to this Court or
by an interpreter which I admit to be
to the prosecution not later than 7 days
true to the best of my knowledge and
from the end of these committal
belief and I make it knowing that, if
proceedings."
tendered in evidence I shall be liable
to prosecution if I have wilfully stated
116. (1) A Magistrate shall, where a defendant has been Ancillary
in it anything which I know to be false
committed to the High Court, by warrant, either admit the defendant proceedings.
or do not believe to be true"
to bail or order the defendant to be remanded in custody. Form 20
(This will be followed by the date, then Second
the statement and the person's (2) A warrant of a Magistrate Court shall be sufficient Schedule
thumbprint or other mark and the authority to the keeper of a correctional center appointed for the
signature of the person who witnessed custody of inmates committed for trial, although out of the jurisdiction
the affixing of the thumbprint or other of such Court.
mark.)
68 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 69
121. (1) A Magistrate Court shall, if during the course of a Procedure
(3) A warrant of committal shall name the day, not later where
than 60 days after the date of committal, and the time and place at committal proceedings it concludes that having regard to the defendant
which the defendant is to appear before the High Court in answer to circumstances of the case, the offence charged is one which if proved, consents to
can be suitably punished by a term of imprisonment not exceeding 7 summary
the indictment preferred against him, but the committal for trial shall trial.
not be invalidated by reason only of a failure to comply with this years or a fine not exceeding the maximum fine a Magistrate Court
subsection. can impose, -
(a) ask the defendant whether he consents to
(4) Where the trial of a defendant cannot take place on the case being heard and determined
the day named on a warrant, a Judge may extend by endorsement summarily; and
on the warrant the time at which the defendant is to appear before
the High Court. (b) explain to him the difference between the case
being heard summarily and being committed
(5) A warrant endorsed under subsection (4), shall have to the High Court for trial.
the like effect as a warrant issued under subsection (1). (2) A Magistrate Court shall, where a defendant consents
Variance
117. Section 107 shall apply in relation to the amendment of a to the case being dealt with summarily, call upon him to plead to the
between information and fix a date for the commencement of the summary trial
charge and charge brought against a defendant before a Magistrate Court holding
evidence. committal proceedings. in accordance with Part III.

Continuing 118. Where a Magistrate discontinues the conduct of committal BINDING PROSECUTOR AND WITNESSES BY RECOGNISANCE
Magistrate. proceedings by sickness, absence or other sufficient cause, another
Magistrate shall be appointed to continue the proceedings. 122. (1) A Magistrate Court, upon committing a defendant for Prosecutor
trial, - and witnesses
Returns to be 119. In the event of a committal for trial, the written charge, (a) may bind by recognisance, with or without a to enter into
recognisance.
made to trial
Court and the
written statements and depositions exhibits tendered, record of surety or sureties, as it may deem fit, the
Attorney- the committal proceedings, the statement of the defendant, the prosecutor and every witness to appear at
General and recognisances for bail and any other documents relating to those the trial to prosecute and to give evidence
Minister of
Justice
proceedings shall be transmitted within 14 days of committal, to the as the case may be; and
High Court and authenticated copies of the written charge, written
(b) notify the prosecutor and every witness that
statements and depositions list of exhibits tendered, record of the Forms
his or their personal appearance shall be 24 & 25
committal proceedings and any other document relating to those
required on the day, not later than 60 days Second
proceedings shall be transmitted to the Attorney-General and Minister
after the date of committal and at the same Schedule.
of Justice within 30 days of committal.
time inform him or them of the consequences
Privilege 120. A defendant who has been committed for trial shall be of such failure.
of persons
committed
entitled, without payment, at least 14 days before trial, to have
for trial. authenticated copies of the written statements and depositions record (2) The Magistrate shall fix a date, not later than 7 days
of the committal list of exhibits tendered and any other document or at such later date as circumstances may determine, after the date
relating to those proceedings. of committal of the defendant for the prosecutor and witnesses to
enter into recognisances.
70 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 71

Refusal to 123. The Court may, where a person refuses to enter into a PART V- INDICTMENT AND TRIALS IN THE HIGH COURT Preferment
enter into of
recognisance. recognisance under section 122, commit him to custody until after indictment.
Form 26
the trial, unless in the meantime he enters into a recognisance, but if 126. (1) An indictment charging a person with an offence
Second afterwards, from want of sufficient evidence or other cause, the triable in the High Court may be preferred where -
Schedule. defendant is discharged, the Court shall also order that the person in
custody for so refusing, to be discharged. (a) there has been a committal for trial in the High
Court consequent upon committal
PROCEEDINGS UPON RECOGNISANCES proceedings in accordance with Part IV;

Forfeiture 124. (1) Where the condition of a recognisance entered into (b) pursuant to an application, the written
and levy of
is not complied with, the Court in or before which such condition
recognisance. consent of a Judge has been obtained;
ought to be performed, may endorse thereon a certificate, addressed
Form 27&28 to the Sheriff or other officer of the Court, setting forth that such (c) the Attorney-General and Minister of Justice
Second
Schedule.
condition has not been performed, and if the amount of the has filed an ex-officio information;
recognisance is not paid within 30 days after service of an order and
notice to do so, the amount of the recognisance shall be recoverable (d) the Anti-Corruption Act, 2008 authorises the
by distress and sale of the goods and chattels of the recognisor. Anti- Corruption Commissioner to do so.

(2) In default of the amount being recovered by distress (2) Where a defendant has been committed for trial, the
and sale under subsection (1), the recognisor may be imprisoned for indictment may include either in substitution for or in addition to
a period not exceeding 60 days, but the Court in or before which the counts charging the offence for which he was committed, any counts
condition of a recognisance ought to be performed may cancel or founded on facts or evidence disclosed in the written statements and
mitigate the forfeiture upon such terms and conditions as the Court depositions, being counts which may be lawfully joined in the same
may think just. indictment.
(3) An application shall be made for -
(3) The Court may, where it is made to appear, by
information on oath, that a person bound by recognisance is about
(a) the preferment of an indictment under
to go out of Sierra Leone, cause him to be arrested and commit him to
paragraph (b) of subsection (1); or
a correctional centre until the trial, unless the Court shall see fit to
admit him to bail upon further recognisance. (b) a warrant of arrest for a defendant in respect
of whom an ex-officio information is filed
Register of 125. The Court shall maintain a Register of Recognisances which under paragraph (c) of subsection (1).
recognisance.
shall include particulars of the names and addresses of recognisors,
the date and place at which their appearance or personal appearance INDICTMENT
is required and the consequences of failure to fulfil the obligation. 127. (1) Subject to section 126, an indictment charging a person Conditions
for filing of
with an offence triable before the High Court may be preferred by a indictment.
person before a Court in which the person charged may be lawfully
indicted for that offence.
72 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 73

(2) A Law Officer shall, where an indictment has been 130. The Registrar or other appropriate officer shall deliver or Copy of
indictment
preferred, unless the defendant has been acquitted and discharged cause to be delivered to the Sheriff or Under Sheriff, a copy of the and notice of
sign the indictment and proceed accordingly: indictment with the notice of trial endorsed on it or annexed to it, and trial to be
if there are more parties charged than one, as many copies as there delivered to
Sheriff.
(3) Notwithstanding subsection (2), a Judge may, on the are parties and the Registrar shall at the same time, furnish the
application of the prosecutor, direct a Law Officer to sign the Sheriff or the Deputy-Sheriff with copies of all written statements,
indictment and the indictment shall be signed accordingly. depositions and other documentary evidence tendered or used during
the committal proceedings.
(4) This section shall not be construed so as to derogate
from the powers conferred upon the Attorney-General and Minister 131. (1) The Sheriff, Deputy Sheriff or other appropriate officer Time and
of Justice by section 64 of the Constitution and on the Director of authorised by him, shall, after having received a copy of the mode of
summoning
Public Prosecutions by section 66 of the Constitution and section 45, indictment, notice of trial and the other documents referred to in parties on
of this Act. section 130, serve each defendant with the same and explain to each indictment.
defendant the nature and contents of the documents so served.
Filing of 128. An indictment, when signed, shall be -
indictment
and its effects. (2) The time limited for service of the notice of trial and
(a) filed in the High Court; the other documents shall be, in the case of indictment filed -

(b) equivalent to a statement that all conditions (a) pursuant to committal proceedings, be at
required by law to constitute the offence least 7 days; and
charged and to give the Court jurisdiction,
(b) without committal proceedings, be at least
have been fulfilled.
14 days, before the day specified in the
Endorsement indictment for trial or within such lesser time
129. The Registrar or any other person directed by the Court
of as the Court may for good cause order.
indictment. shall endorse on or annex to an indictment and every copy of the
indictment to be delivered to the Sheriff or Deputy Sheriff for service (3) The Sheriff, Deputy Sheriff or other appropriate officer
on a defendant, a notice of trial, which shall be in the following form shall, where the defendant is not in custody or shall have been
or as near thereto as may be- admitted to bail and cannot readily be found, leave a copy of the
indictment and notice of trial, together with the other documents
" A.B. TAKE NOTICE that you will be with someone in the defendant's household for the defendant and if
tried on indictment, at the High Court none can be found, affix the copies and notice to the outer or principal
sitting at.........… on the…. day of door of the known accommodation of the defendant and if the
…………, 20…", whereof this is a true defendant is in custody, the same shall be served on him at the
copy. correctional facility or lock-up where he is held.

(4) The period of 7 or14 days, as the case may be, limited
for service of the notice of trial and the other documents may be
reduced to a shorter period, with the consent of the person charged.
74 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 75

Return of 132. The Sheriff, Deputy Sheriff or other appropriate officer (2) After a plea of not guilty it shall not be open to a
service.
Form 32 serving the copy of the indictment, notice and other documents shall defendant, except with the leave of the Court, to object that he is not
Second immediately file a return in the High Court Criminal Registry properly upon his trial by reason of some defect, omission or
Schedule irregularity relating to or arising out of the process leading to his
trial.
Postponement 133. The Court may, upon the application of the prosecutor or
of trial Where
respiting the defence, if it considers that there is sufficient cause for the delay, 136. The Court shall, where a defendant stands mute or refuses
defendant
recognisances. postpone the trial of a defendant to be held at a time and place to be by reason of mental or physical disability to answer directly to the refuses or is
named at the time of granting such postponement and respite the indictment unless it has reason to believe that the defendant is of unable to
recognisances of the prosecutor and witnesses, in which case the unsound mind and consequently incapable of making his defence, plead.
respited recognisances shall have the same force and effect as fresh order the Registrar to enter a plea of not guilty on behalf of the
recognisances to prosecute and give evidence at any such defendant and the plea so entered shall have the same force and
subsequent date would have had. effect as if the defendant had actually pleaded not guilty. But if the
Court has reason to believe that the defendant is of unsound mind
ARRAIGNMENT or psychologically disturbed, it shall proceed in the manner prescribed
in section 68.
Pleading to 134. A person to be tried on an indictment shall be placed at the
indictment. bar unfettered, unless the Court shall see cause to order otherwise 137. (1) Prosecutions on indictment in the High Court shall Conduct and
and the indictment or charge shall be read to him by the Registrar or precedence of
be conducted by a Law Officer or a legal practitioner. prosecutions.
other officer of the Court and explained, if need be, by the officer or
the interpreter of the Court and such person shall be required to (2) Indictment signed by a Law Officer, otherwise than
plead to the indictment, unless he objects on the basis of want of at the instance of any other person, shall be heard in the order they
service of the indictment and in which case, the Court shall ascertain are presented by the Law Officer and assessors shall not be selected
that he has not been duly served. for such case until it has been so presented.
Effect of 135. (1) A person shall, by pleading generally the plea of - 138. (1) Where a defendant committed for trial in the High Defendant to
plea
Court for an offence for which the sentence is life imprisonment is be released
of not guilty.
(a) "not guilty", be deemed to have put himself on bail or
not put on trial within 90 days after the date of his committal, he discharged if
upon his trial; and shall, if in a correctional center, on his application by way of motion not tried
made on the last day of such period, or any day thereafter, be admitted within a
(b) autrefois convict or autrefois acquit, it shall certain period
to bail unless it is made to appear to the Court on oath, before the end of time.
be sufficient for a person to state that he of the 90-day period that the prosecution witnesses or any of them
has been lawfully convicted or acquitted, as could not have been brought before the Court or for some other
the case may be, of the offence charged in reason.
the indictment.
76 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 77

(2) Where a defendant on trial in the High Court for an (b) call on the defendant to plead to the amended
offence other than an offence for which the penalty is life
imprisonment is not tried by the end of the 180 day period after the (4) Where an amendment of an indictment is made under
defendant's first appearance in the High Court, he shall, be entitled subsection (1) and the Court is of the opinion that the defendant may
on the expiration of the 180 days period to be acquitted or discharged
unless the Court sees good reason to the contrary. be prejudiced or embarrassed in his defence by reason of the
amendment, the Court may allow any witness to be recalled and further
(3) In the case of persons who are charged jointly, if one questioned upon any matter relevant to the amended indictment.
or more have elected in accordance with section 142 to be tried by a
Judge with the aid of assessors, he or they may withdraw that election 140. (1) Where before a trial upon indictment or at any stage Order for
and elect to be tried by a Judge alone provided this change of election joint trials.
of the trial the Court is of the opinion that a defendant charged with
is made before the time allowed has expired, otherwise the change of more than one offence in separate indictment, may not be prejudiced
election shall have no effect. or embarrassed in his defence by reason of being charged in the
same indictment with different counts or that for any other reason it
AMENDMENT is desirable to direct that one or more of the offences be tried jointly
Order for 139. (1) Where, before trial upon indictment or at any stage of in the same indictment, the Court may order the joint trial of the
amendment the trial, it appears to the Court that the indictment is defective in a
of indictment. offences in the same indictment.
material particular or the evidence discloses an offence other than
the offence with which the defendant is charged, the Court shall (2) Where before a trial upon indictment or at any stage
make such order for the amendment of the indictment as the Court of the trial the Court is of the opinion that one or more of the
thinks necessary to meet the circumstances of the case, unless having defendants charged in separate indictment, may not be prejudiced or
regard to the merits of the case, the required amendments cannot be embarrassed in his defence by reason of being charged together with
made without injustice. another person or other persons in a count or in the same indictment
or that for any other reason it is desirable to direct that one or more
(2) An amendment under subsection (1), shall - defendants be tried jointly, the Court may order the joint trial of the
(a) be made upon such terms that the Court defendants.
thinks just; and
(3) Where an order is made under this section, the Court
(b) include the addition, substitution or deletion shall order -
of a count if the evidence so warrants. (a) the discharge of the defendant or defendants
in respect of the earlier indictment;
(3) Where an indictment is amended, Court shall -
(b) that the prosecution files a fresh indictment
(a) endorse a note of the amendment on the and serve on the defendant or defendants
indictment and the indictment shall be treated with a copy or copies, not later than 7 days
for the purposes of all proceedings in from the date of the Order; and
connection with the indictment as having (c) that the trial shall commence de novo.
been filed in the amended form; and
78 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 79

Order for 141. Where before a trial upon indictment or at any stage of (a) if the order is made during a trial with
separate
trial. the trial the Court is of the opinion that - assessors, the Court may order that the
assessors be discharged from giving an
(a) the defendant may be prejudiced or
opinion, as the case may be, on the count or
embarrassed in his defence by reason of
counts on the indictment or the trial of which
being charged with more than one offence in
is postponed; and
the same indictment or that for any other
reason it is desirable to direct that the
(b) the procedure on the -
defendant should be tried separately for any
one or more of th offences charged in the (i) separate trial of a count shall be the same
indictment, the Court may order a separate in all respects as if the count had been
trial of any count or counts of the contained in a separate indictment;
indictment; or (ii) separate trial of a defendant shall be the
same in all respects as if the defendant
(b) one or more of the defendants may be
had been charged in a separate
prejudiced or embarrassed in his defence by
indictment; and
reason of being charged together with
another person or other persons in one count
or in the same indictment or that for any provided that the assessors, if any, have been discharged;
other reason it is desirable to direct that one (c) the Court may make an order admitting the
or more defendants should be tried separately defendant to bail and for the enlargement of
for any one or more of the offences charged recognisances or otherwise, as the Court
in the indictment, the Court may order a thinks fit.
separate trial of the defendants.
(2) The power of the Court under sections 141, 142 and
this section shall be in addition to and not in derogation of any other
Order for 142. Where before a trial upon indictment the Court is of the
postponement power of the Court for the same or similar purposes.
opinion that the postponement of the trial of the defendant is
of trial.
expedient as a consequence of the exercise of a power of the Court
144. (1) A defendant may, at any time before sentence, whether Motion in
under this Act, the Court shall make such order as to the postponement
on his plea of guilty or otherwise, move a motion in arrest of Judgment arrest of
judgment.
of the trial as appears necessary.
on the ground that the indictment does not, after an amendment
Court may which the Court has made and had power to make, state an offence
143. (1) Where an order of the Court is made under section
dispense with which the Court has power to try.
assessors. 141 for a separate trial or section 142 for postponement of a trial-
(2) The Court may either hear and determine the motion
for arrest of Judgment during the same sitting or adjourn the hearing
to a future time to be fixed for that purpose.
80 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 81

(3) Where the Court decides in favour of the defendant, (2) In the event of an adjournment, the assessors shall be
the defendant shall be discharged from the indictment, but the required to attend at the adjourned sitting and at every subsequent
discharge shall not operate as a bar to any subsequent proceedings sitting until the conclusion of the trial.
against him on the same facts.
CASE FOR THE PROSECUTION
Objections 145. A Judgment shall not be stayed or reversed on the ground
cured by
of an objection, which if stated after the indictment was read to the 150. Where in a trial by judge with the aid of assessors or by a Opening of
verdict.
defendant or during the progress of the trial, might have been amended judge alone, the defendant has pleaded to the indictment, the case for the
prosecution.
by the Court, nor because of an informality in swearing the witnesses prosecution shall open the case against the defendant and shall call
or any of them. witnesses and adduce evidence in support of the charge.

TRIAL WITH ASSESSORS 151. (1) Where the prosecutor is of the opinion that there is a Additional
material or necessary witness in a trial, other than those mentioned witnesses on
the back of
Selection of 146. (1) Where a trial is to be held with the aid of assessors, the on the back of the indictment, the prosecutor may call the witness indictment.
assessors.
assessors shall be persons who are experts in a discipline relevant before the trial Court upon giving notice of his intention to do so
to the matter before the Court, the number not being less than 3, to sit together with the written statement of the witness to the Registrar of
as assessors and assist the Judge in the trial. the Court and the defendant.

(2) The defendant may object to an assessor selected (2) The notice of intention and the written statement of
under subsection (1), and the Court shall refuse to allow that assessor the witness shall be served on the defence not later than 48 hours
to sit if the grounds for the objection are substantial and reasonable. before the date on which the additional witness is to give evidence;
otherwise, that witness shall not be called.
Decision of 147. In a trial with the aid of assessors, the decision of the
Court and
Judge, on matters arising from the trial shall have the same force and 152. A witnesses called for the prosecution shall be subject to Cross-
assessors. cross-examination by or on behalf of the defendant and to re- Examination
effect as the verdict of the Judge alone. of
examination on behalf of the prosecution. prosecution
witnesses.
Trial to 148. (1) Where in the course of a trial with the aid of assessors,
proceed at any time prior to the finding, an assessor, for sufficient cause, is 153. (1) A committal warrant duly signed by a Magistrate, Committal
despite including a statement made by the defendant before the Magistrate, warrant to be
assessors prevented from attending throughout the trial, the trial shall, with the
unable to consent of the prosecution and of the defence, proceed with the aid shall be tendered in evidence by the prosecution before the close of tendered.
attend. of the remaining assessors. it’s case.

(2) Where 2 or more of the assessors are prevented from (2) Where a trial commenced without committal
attending or absent themselves, the proceedings shall be stayed and proceedings, the order of the Judge to-
a new trial shall be held with the aid of fresh assessors. (a) give his consent for the preferment of the
indictment and arrest of the defendant;
Adjournment 149. (1) The Court may from time to time adjourn a trial, if
(b) fix the date of the trial; or
necessary.
82 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 83

(c) arrest the defendant and fix the date of the (2) Where a defendant or his counsel makes a no case
trial in the case of an ex-officio information submission, he shall first make his submissions and thereafter
filed by the Attorney-General and Minister prosecuting counsel shall reply and the defendant or his counsel
of Justice shall not be entitled to say anything further.

shall be tendered by the prosecution before the close of the it’s case. CASE FOR THE DEFENCE
(3) Where a Court orders the joint trial of offences
charged in separate indictment, or, for defendants charged in separate 155. (1) At the close of the evidence for the prosecution, if a no Judge
inform
to

indictments, shall be tendered by the prosecution before the close of case submission under section 154 is unsuccessful, or, has not been defendant of
it's case, in addition to the committal warrant or order of the Judge made, the Court shall inform the defendant of his right to - his right at
close of
made pursuant to section 126. prosecution’s
(a) address the Court; case.
Submission of 154. (1) Where at the close of the prosecution's case,- (b) give evidence on oath or by affirmation on
no case
his own behalf;
(a) the defendant or his counsel makes a no
case submission in respect of a count or (c) make a statement without being sworn or
counts in the indictment or the whole of the without affirming; or
indictment and the Judge is of the opinion
that there is not sufficient evidence that the (d) inform the Court that he has nothing more to
defendant has committed an offence of which say or that he relies on the statement or
he could be lawfully convicted in respect of statements he has made to the police or
the count or counts in the indictment or the prosecuting authority.
whole of the indictment, the Judge shall
forthwith acquit the defendant in respect of (2) The Judge shall -
the count or counts in the indictment or the
whole of the indictment; (a) inform the defendant that irrespective of
whichever of the options in subsection ( 1 )
(b) in a trial by a judge with the aid of assessors, he chooses, he has a right to call witnesses;
the Judge is of the opinion that the and
prosecution's evidence in respect of a count
or counts in the indictment or the whole of (b) record the option chosen by the defendant
the indictment is such that insufficient and proceed in the manner set out in section
evidence has been adduced he shall acquit 156.
the defendant in respect of the count or
counts in the indictment or the whole of the 156. (1) Where a defendant does not intend to call witnessesEvidence of
defandant.
indictment. but intends to give evidence himself, he shall be called upon to open
his case and he shall proceed to give evidence.
84 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 85

(2) Where a defendant has stated that he intends to call (b) evidence of good character has been given;
witnesses and give evidence, he shall give evidence before
proceeding to call his witnesses. grant the prosecutor leave to call rebutting evidence, where something
has arisen ex-improviso, in the course of the defence.
(3) Where a defendant intends to call witnesses but does
not wish to give evidence himself, he shall proceed to call his (2) Where evidence in rebuttal is given by the
witnesses. prosecution under subsection (1), counsel for the defence shall be
entitled to comment on the evidence so given.
(4) A witness called by the defendant may be a witness
as to fact or as to character.

(5) A defendant and a witness called by the defence

CLOSE OF HEARING IN CASES TRIED WITH ASSESSORS
shall be subject to cross-examination by or on behalf of the
prosecution and to re-examination on behalf of the defence.
161. (1) The Judge shall, where, in a case tried with assessors, Delivery of
the case on both sides is closed, sum up the evidence for the opinion by
Addresses by 157. (1) Where a defendant gives evidence but does not call assessors.
defence and prosecution and the defence and shall then require each of the
witnesses, the prosecution shall address the Court first and the
prosecution. assessors to state his opinion orally and shall record their opinion
defendant or his counsel shall thereafter address the Court.
but the decision on which the judgement is based shall be vested
exclusively in the Judge.
(2) Where a defendant calls witnesses, the defendant or
his counsel shall address the Court first and the prosecution shall
(2) The Judge shall then give judgment and in so doing
thereafter address the Court.
shall not be bound to conform with the opinions of the assessors,
but he shall record his judgment in writing and in every case the
Addresses by 158. Where 2 or more defendants are tried jointly and one or
co- judgment shall contain the point or points for determination, the
more of the defendants call witnesses, the order of speeches shall
defendants. decision thereon and the reasons for the decision, and shall be dated
be the same as if all defendants called witnesses.
and signed by the Judge at the time of pronouncing it.
Defendant 159. (1) A defendant shall be entitled to apply for the issue of
entitle to (3) Where a defendant is found not guilty, the Judge shall
process to compel the attendance of a witness.
compel record a judgment of acquittal.
attendance
of witnesses. (2) A defendant shall not be entitled to an adjournment
(4) Where the defendant is found guilty, the Judge shall
to secure the attendance of a witness unless he shows that he could
sentence him according to law.
not by reasonable diligence have taken earlier steps to obtain the
presence of the witness.
CLOSE OF HEARING IN CASES TRIED BY JUDGE
Rebutting ALONE
160. (1) The Court may, in its discretion, where-
evidence.
162. (1) The Judge shall, in a trial by Judge alone, proceed to Judgement in
(a) at the close of the evidence for the defence; trial by Judge
deliver a written judgment.
or alone.
86 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 87

(2) Where a defendant is found not guilty, the Judge shall (2) A representative for the purposes of this Part need
record a judgment of acquittal. not be appointed under the seal of the corporation or company and a
statement in writing purporting to be signed by a managing director
(3) Where the defendant is found guilty, the Judge shall of the corporation or company or by a person in control of the
sentence him according to law. management of the affairs of the corporation or company, to the
effect that the person named in the statement has been appointed as
the representative of the corporation or company for the purposes of
ALLOCUTUS
this Part shall be admissible, without further proof, as prima facie
Allocutus 163. The Registrar or other officer of the Court shall, where in a evidence that that person has been so appointed.
trial by Judge sitting with assessors or sitting alone, the defendant
166. (1) A corporation or company may be charged either alone Proceedings
is found guilty or the defendant pleads guilty, ask the defendant against
whether he has anything to say as to why sentence should not be or jointly with another person with an offence triable on indictment corporation
passed upon him according to law: or triable summarily before a Magistrate Court. or company.

Provided that the omission so to ask him shall have no effect (2) A representative may, on behalf of a corporation or
on the validity of the proceedings. company make a statement before the Court in answer to the charge.

EVIDENCE BEFORE SENTENCE (3) Where a representative appears, a requirement of this

Act that anything shall be done in the presence of the defendant or
Evidence 164. The Court shall, before passing sentence, receive such shall be read or said to the defendant shall be construed as a
before evidence as it thinks fit, in order to inform itself as to the proper requirement that the thing shall be done in the presence of the
sentence. representative or read or said to the representative.
sentence to be passed.

PART VI-SPECIAL TRIALS-TRIAL OF CORPORATIONS OR (4) Where a representative does not appear, a requirement
COMPANIES under subsection (3) or a requirement that the consent of the defendant
shall be obtained for summary trial, shall be dealt with in the same
Representation 165. (1) In this Part, the expression "representative" in relation manner as if the defendant was a natural person, but not for the
of corporation purpose of issuing a warrant for arrest.
or company. to a corporation or company means a person duly appointed by the
corporation or company to represent it for the purpose of doing an
act or thing which the representative is by this Part authorised to do (5) Where a person is charged jointly with a corporation
but a person so appointed shall not by virtue only of being so or company with an offence triable on indictment and either that
appointed, be qualified to act on behalf of the corporation or company person or the corporation or company by its representative does not
before a Court for any other purpose. consent that the offence should be dealt with summarily under section
6 of the Courts Act, 1965, the Court shall not have power to deal
summarily with the offence in the case of the other defendant.
88 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 89

(6) Where a corporation or company is charged with an TRIAL OF CHILDREN

offence triable on indictment or triable summarily, the corporation or
company may, on arraignment before the High Court or on being 169. A child accused of a criminal offence shall be apprehended Trial of a
asked to plead by the Magistrate, as the case may be, enter in writing and tried in accordance with the Children and Young Persons Act child.
by its representative a plea of guilty or not guilty, and if either the (Cap 44) or any other enactment for the time being in force relating to
corporation or company does not appear by a representative or the trial of children.
though it does so appear fails to enter a plea, the Court shall order a
plea of not guilty to be entered and the trial shall proceed as though PART VII - EXECUTION OF SENTENCES-ALTERNATIVE
the corporation or company had duly entered a plea of not guilty. SENTENCES

Fines on 170. (1) A warrant under the hand of a Judge or Magistrate by Authority
167. (1) A corporation or company that is convicted of an for carrying
corporation or whom a person is sentenced, ordering that the sentence is carried
company. offence shall, in lieu of a term of imprisonment that is prescribed as out
out in a correctional centre within Sierra Leone, shall be sufficient sentence.
the punishment for that offence or where no fine is prescribed, be
authority to the keeper of such correctional centre and to all other
fined in an amount that is in the discretion of the Court where the
persons for carrying into effect the sentence described in the warrant.
offence is triable on indictment and where tried summarily, to a fine
within the jurisdiction of Magistrate Court.
(2) Except where express provision is made to the contrary,
every sentence shall be deemed to commence from and to include the
(2) The prosecutor may, where a fine imposed under
whole of the day of the date on which it was pronounced.
subsection (1) is not paid on the filing of the conviction, enter as a
judgment, the amount of the fine and costs in the High Court and that
(3) The length of a term of imprisonment imposed by the
judgment shall be enforceable against the corporation or company
sentence of a Court shall be treated as reduced by a period during
in the same manner as if it were a judgment entered against the
which the person convicted was in custody before sentence.
corporation or company in the High Court in a civil proceeding.
171. (1) Where a Court passes a sentence of imprisonment for Suspended
Service of 168. Where a corporation or company is charged with an offence
documents. an offence for which the term of imprisonment does not exceed 2 sentences.
triable on indictment or summarily, an indictment, summons or other
years, the Court may order that the sentence be suspended and that
document requiring to be served on the corporation or company in
it shall not take effect from the date of the Order, unless within one
connection with the proceedings shall be served by leaving it at or
year of the order, the defendant commits another offence punishable
sending it by registered post to the registered office of the corporation
with imprisonment.
or company, or if there is no such office in Sierra Leone, by leaving it
at or by sending it by post to the corporation or company at a place
(2) Where a Court suspends a sentence under subsection
at which it trades or conducts its business in Sierra Leone.
(1) and the defendant commits another offence punishable with
imprisonment within the period of one year, the Court shall order that
the sentence takes effect as of the date specified in that Order.
90 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 91

(3) The Court shall, when passing a suspended sentence, (3) Where a Court defers passing sentence on a convicted
explain to the defendant in ordinary language, his liability that if person under subsection (1), it shall not, on the same occasion, remand
during the suspension period he commits an offence punishable him in custody.
with imprisonment, he shall be liable to serve the original term of
imprisonment, if found guilty at the subsequent trial. (4) The Court shall, when passing of sentence on a
convicted person is deferred, deal with the person, at the end of the
(4) A person whose term of imprisonment has been period of deferment, in a way in which it could have dealt with him if
suspended shall be deemed to be sentenced to a term of imprisonment it had not deferred passing sentence.
for the purpose of any other law.
(5) Nothing in this section dealing with a deferred
sentence or in section 175 dealing with the commission of an offence
Deferred 172. (1) A Court may defer passing sentence on a convicted after a conditional discharge, shall affect the power of -
sentences.
person where the -
(a) maximum sentence of the offence in respect (a) the High Court to bind over a convicted
of which the person is convicted does not person to come up for judgment when called
exceed 2 years; upon; or

(b) convicted person consents to deferment of (b) a Court to defer passing sentence for any
the sentence; and purpose for which it may lawfully do so apart
from this section.
(c) Court is satisfied, having regard to the nature
of the offence and the character and 173. (1) The Court may, where it defers passing sentence on a Further
powers of
circumstances of the convicted person, it convicted person under section 172, call up the convicted person for courts where
would be in the interest of justice to exercise sentence before the end of the period of deferment, if during that sentence is
the power. period the convicted person is convicted of another offence. deferred.

(2) A deferment of a sentence under subsection (1), shall- (2) The Court may, where it defers passing sentence on a
convicted person for an offence committed during the period of
(a) be to a date specified by the Court which deferment, also, if this has not already been done, sentence the
date shall not be more than 6 months after convicted person for the offence for which sentence was deferred:
the date so specified; and Provided that -
(b) not to be further deferred except in cases (a) a Magistrate Court shall not exercise the
where the convicted person is pregnant; or power conferred under this subsection if the
Court which deferred passing sentence was
(c) the convicted person applies for further the High Court;
deferment for special or specific reasons.
(b) the High Court shall not pass a sentence -
92 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 93

(i) which could not have been passed by 174. (1) Where a Magistrate Court before which a person is Absolute and
conditional
a Magistrate Court exercising that convicted of an offence for which the term of imprisonment does discharge.
power; and not exceed 2 years or by the High Court for an offence not involving
life imprisonment or is not of a sexual nature, is of the opinion,
(ii) if the Court which deferred passing having regard to the circumstances including the nature of the
sentence was the Magistrate Court. offence and the character of the defendant, that it is inexpedient to
inflict punishment, the Court may make an order either discharging
(3) The Court may where- him -
(a) absolutely; or
(a) it has deferred passing sentence on
aconvicted person proposes to deal with him (b) subject to the condition that he commits no
under section 172 - offence within 2 years from the date of the
order.
(i) on the date specified by the Court
(2) An order discharging a person under paragraph (b)
pursuant to subsection (2) of section
of subsection (1), shall be referred to as an "Order for Conditional
172;
Discharge" and the period specified in the Order for Conditional
Discharge shall be referred to as "the Period of Conditional
(ii) before the end of the period of deferment
Discharge".
pursuant to subsection (1);
(3) The Court shall, before making an order for
(b) the convicted person does not appear on the
conditional discharge under subsection (1), explain to the convicted
date so specified;
person that if he commits another offence during the period of
conditional discharge he will be liable to be sentenced for the offence
issue a summons for the appearance or a warrant for the arrest of the
for which he was discharged.
convicted person.
(4) A Magistrate Court shall, in deferring the passing of (4) Where a person conditionally discharged is
sentence under section 172, be deemed to be exercising its powers of sentenced for the offence in respect of which the Order for
adjourning proceedings and accordingly its powers in relation to Conditional Discharge was made, the Order shall cease to have effect.
non-appearance of defendants and witnesses shall apply.
(5) The Court may, on making an Order for Conditional
(5) The power of a Court to deal with a convicted person Discharge, if it thinks it expedient for the purpose of the convicted
whose sentence has been deferred includes the power to deal with person's reformation, allow a person who consents to do so to give
him, in a way in which the Court that, deferred passing sentence security for the good behaviour of the convicted person.
could have dealt with him.
(6) A Court may, on discharging a convicted person
absolutely or conditionally, make an order for costs against that
person or imposing a disqualification on him or an order for
compensation or restitution.
94 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 95

Commission 175. (1) The Court may, where it appears that a person in (5) Where a person in respect of whom an Order for
of offence
after respect of whom an Order for Conditional Discharge has been made Conditional Discharge has been made by a Magistrate Court is
conditional has been convicted of an offence committed during the Period of convicted before the High Court of an offence committed during the
discharge. Conditional discharge issue - Period of the Conditional Discharge, the High Court may deal with
him, for the offence for which Conditional Discharge has been made
(a) a summons requiring that person to appear
by the Magistrate Court, in a way in which the Magistrate Court
at the place and time specified in the
could have dealt with him if it had just convicted him of that offence.
summons; or
(b) a warrant for his arrest. (6) Where a person in respect of whom an Order for
Conditional Discharge has been made by a Magistrate Court is
(2) A summons or warrant issued under subsection (1), convicted by another Magistrate Court of an offence committed during
shall direct that the person to whom it relates appear or be brought the Period of Conditional Discharge, that other Magistrate Court may,
before the Court by which the Order for Conditional Discharge was with the consent of the Court which made the Order, deal with him,
made. for the offence for which the Order was made, in a way in which the
(3) A Magistrate Court shall, where a person in respect of Court could have dealt with him if it had just convicted him of that
whom an Order for Conditional Discharge has been made by the offence.
High Court is convicted by the Magistrate Court of an offence
committed during the Period of Conditional Discharge, - 176. (1) A conviction of an offence for which an order is made Effect of
under section 174 discharging a defendant absolutely or conditionally discharge.
(a) commit him to custody or release him on shall be deemed not to be a conviction for a purpose other than the
bail until he can be brought before the High purposes of the proceedings in which the Order is made and of any
Court; and subsequent proceedings which may be taken against the defendant
under this Act:
(b) send to the High Court a copy of the
magisterial notes or records and the Order of
Provided that where a person aged 18 or over at the time of his
the Magistrate Court in respect of the
conviction is subsequently sentenced for that offence, he shall be a
conviction signed by the Registrar or other
convicted person.
officer of the Court.
(4) Where it is proved to the satisfaction of the Court by (2) Without prejudice to subsection (1), the conviction of
which an Order for Conditional Discharge was made that the person a defendant who is discharged absolutely or conditionally under
in whose case the Order was made has been convicted of an offence section 174 shall in any event be disregarded for the purposes of an
committed during the Period of Conditional Discharge, the Court enactment which -
may deal with him, for the offence for which the order was made, in a
way in which it could deal with him if he had just been convicted by (a) imposes a disqualification or disability upon
or before that Court of that offence. convicted persons; or
(b) authorises or requires the imposition of such
disqualification or disability.
96 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 97

(3) Subsections (1) and (2) shall not affect- (5) A Court shall, before making a Community
Punishment Order, explain to the convicted person -
(a) a right of a defendant discharged absolutely
or conditionally, to rely on his conviction as (a) the purpose and effect of the Order;
a bar to subsequent proceedings for the same
(b) the requirements of the Order;
offence; or
(c) the consequences of failure to comply with
(b) the restoration of property in consequence any of the requirements of the Order; and
of the conviction of such person. (d) the power of the Court to review the Order.
Community 177. (1) Where a person is convicted of an offence for which (6) A Court shall, upon the making of a Community
purnishment Punishment Order, give copies of the Order to the person convicted
orders. the term of imprisonment does not exceed 2 years, the Court by or
before which he is convicted may make a Community Punishment and to the officer or authority responsible for the supervision of the
Order, requiring him to perform unpaid work including, working on Community Punishment Order.
youth projects, old people's homes, correctional and state farms,
cleaning public places, such as the House of Parliament, hospitals, 178. (1) A Community Punishment Order made under section Obligations
177 shall state that the convicted person shall - under
beaches and painting of public buildings and road signs, in such Community
manner and for such period as the Court may think fit. Punishment
(a) be under the supervision and direction of Order.

(2) The number of days which a person may be required the officer or authority responsible for the
to work under a Community Punishment Order shall be specified in supervision of the Community Punishment
the Order and shall in the aggregate not exceed 60 days. Order;

(3) A Court shall not make a Community Punishment Order (b) perform such work and for such period of
in respect of a convicted person unless the Court is satisfied that - time as specified in the Community
Punishment Order; and
(a) the convicted person is suitable to perform
the unpaid work; and (c) notify the officer or authority responsible for
the supervision of the Community
(b) there is adequate provision for the convicted Punishment Order of any change of address
person to perform the unpaid work. of the convicted person.
(4) The Court may, where it makes Community Punishment
Orders in respect of 2 or more offences of which a defendant has (2) A Community Punishment Order made under section
been convicted by or before it, direct that the days of work specified 177 shall state that the officer or authority responsible for the
in any of those Orders shall be concurrent with or be in addition to supervision of the Community Punishment Order shall, as far as
those specified in the Orders, but such that the number of days which practicable be such as to avoid -
are concurrent shall in the aggregate not exceed 60 days. (a) conflict with the requirements of any other
Community Punishment Order to which the
convicted person may be subject; and
98 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 99

(b) interference with the times, if any, at which either order immediate payment, allow time for payment or direct
the convicted person normally works or payment to be made by installments.
attends school or any other educational or
vocational training institution. (2) Where the money is directed to be paid by installments
(3) Subject to this Act, the work required to be performed and default is made in the payment of any one installment, all
under a Community Punishment Order shall be performed within one installments then remaining unpaid shall become immediately due.
year starting from the date of the Order and unless otherwise revoked (3) Money due under subsection (1) may be levied on Form 33
and shall remain in force until the convicted person has fully complied the goods and chattels of the person ordered to pay the money by Second
with the terms of the Order. Schedule
distress and sale under warrant and in a case in which a warrant of
Fine in lieu of 179. A Court may, where a person is convicted of an offence distress is issued by the Court under this section the Court may
imprisonment. either allow the person to go free verbally or, by warrant in that
punishable by imprisonment, other than an offence for which the
sentence is fixed by law, sentence that person to a fine, in addition to behalf, order him to be kept in custody, for a period not exceeding 48
or in lieu of any other punishment to which that person is liable. hours at any one time, until return is made to the warrant of distress.

Notice of 180. (1) A Court shall, where upon conviction, it orders money (4) A person ordered to pay money under subsection (1)
fines to be may pay or tender to the Bailiff or other duly authorised officer
paid.
to be paid as a fine or as a penalty or as an alternative to a term of
imprisonment, by the convicted person, by notice in writing, state having the execution of the warrant, the sum mentioned in the warrant
the amount of the penalty, the date on or before which payment is together with the amount of the expenses of the distress up to the
required and the place or places and times at which payment may be time of payment or tender and thereupon the officer shall cease to
made and if payment by instalments is directed, particulars of the execute the warrant.
instalments.
182. Where the Bailiff or other duly authorised officer having Commitment
for want of
(2) The Registrar or clerk of the Court shall, where a Court the execution of the warrant reports that he could not find goods and distress.
orders money to be paid under subsection (1) and the convicted chattels on which to levy the money mentioned in the warrant with Form 35
person is not present at the time of the conviction, as soon as may be expenses, the Court may by the same or a subsequent warrant commit Second
Schedule
thereafter deliver to that person or send by post addressed to him at the person ordered to pay, to a correctional centre for a period specified
his last or usual place of residence, a notice in writing stating the in the warrant, not exceeding 48 hours at any one time, unless the
amount of the penalty, the date on or before which payment is required money and all expenses of the distress, commitment and conveyance
and the place or places and times at which payment may be made, to a correctional centre, to be specified in the warrant, are sooner
and if payment by instalments is directed, particulars of the paid.
instalments.
183. A Court may, where it appears that - Commitment
in lieu of
Order for 181. (1) A Court may, where it orders money to be paid by a distress.
payment of (a) distress and sale of his goods and chattels
money.
convicted person-
would be ruinous to the person convicted; Form 34
(a) for the expenses of his prosecution; or Second
(b) the person has no goods whereon a distress Schedule
(b) by way of compensation or otherwise; may be levied; or
100 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 101

(c) there are other sufficient reasons, instead of, 185. A statement in writing to the effect that wages of an amount Statements
of wages to
or, after issuing a warrant of distress; have been paid to a person ordered to pay during a period, purporting be evidence.
to be signed by or on behalf of his employer, shall be prima facie
commit the person ordered to pay to a correctional centre for a period evidence of the facts stated in the statement in any proceedings
specified in the warrant, unless the money and all expenses of the taken before the Court for the enforcement of the payment on that
commitment and conveyance to the correctional centre, to be specified person to whom the wages are stated to have been paid, of a fine or
in the warrant, are sooner paid. penalty upon a conviction.
Fines, 184. (1) The Court may, in any circumstances in which it has
detention in 186. A person committed for non-payment may pay the sum Payment in
police station power upon conviction to issue a warrant of commitment to a mentioned in the warrant, with the amount of expenses therein full after
in lieu of correctional centre in respect of the non-payment of a fine or penalty, commitment.
authorised to the person in whose custody he is and that person
imprisonment. in lieu of issuing a warrant of commitment to a correctional centre, shall thereupon issue to him a duly authorised receipt and then
issue a warrant of detention in a police station. discharge him if he is in custody for no other matter.
(2) A warrant of detention in a police station issued under
subsection (1) shall authorise - 187. (1) Where a person committed to a correctional centre for Part payment
non- payment has paid or shall pay a sum in part satisfaction of the after
commitment.
(a) the Police Officer holding the warrant, unless sum adjudged to be paid, the period of his imprisonment shall be
the sum mentioned inthe warrant, with the reduced by a number of days bearing as nearly as possible the same
amount of expenses authorised in it is sooner proportion to the total number of days for which that person is
paid and a duly authorised receipt is issued committed, as the sum so paid bears to the sum for which he is liable.
for that purpose, to convey the person named
in the warrant to an appropriate police station (2) The keeper of a correctional centre in which a person
and for that purpose to arrest him; and is confined who is desirous of taking advantage of subsection (1)
shall, on application being made by that person, at once take him
(b) the officer in charge of a police station to before a Court, and the Court shall certify the amount by which the
detain the person named in the warrant until period of imprisonment originally awarded is reduced by such
8 O'clock in the morning on the day following payment in part in satisfaction and shall make such order as is required
that on which the person named in the warrant in the circumstances.
is arrested under the warrant or, if he is so
arrested between mid-night and 8 O'clock in (3) The Rules of Court Committee, shall by statutory
the morning, on that day. instrument make rules for carrying out the provisions of sections 182
(4) The officer in charge of the police station in which the to 186 inclusive.
person named in the warrant is detained under this section may
discharge him at any time within 2 hours before 8 O'clock in the 188. A commitment for non-payment shall not be for a longer Limitation of
period than 6 months, except where the law under which the imprisonment.
morning if the officer thinks it expedient to do so in order to enable Form 36
the person detained to go to his employment or for any other reason conviction has taken place enjoins or allows a longer period. Second
Schedule
appearing to the officer to be sufficient.
102 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 103
Direct 189. Where a sentence or conviction does not order the payment DEFECTS IN ORDERS AND WARRANTS
imprisonment.
Form 37 of money but orders that the defendant be imprisoned, the Court
Second shall issue a warrant of commitment accordingly. 193. A Court may at any time amend a defect in substance or in Error or
Schedule omission not
form in an order or warrant and an omission error as to time and to affect
Address and 190. (1) A warrant to enforce the payment of money due in place, and a defect in form in an order or warrant given under this legality or
execution of Act, shall not be held to render void or unlawful an act done or execution of
warrants.
respect of fines, penalties and forfeited recognisances shall be
warrant.
sufficiently addressed for execution by being directed, in the case of; intended to be done by virtue of such order or warrant
-
(a) the Western Area to the Sheriff, Under Provided that it is mentioned therein or may be inferred
Sheriff, or Deputy Sheriff; and therefrom, that is founded on an information, indictment, conviction
or judgment sufficient to sustain the same.
(b) the Provinces to the Assistant Sheriff or the
Assistant Inspector-General of Police of the PART VIII - MISCELLANEOUS
Region. 194. (1) The forms set out in the Schedule may be used in all Forms.
proceedings to which they are applicable with such variations as
(2) A warrant under subsection (1), may be delivered to circumstances require and shall be valid and effectual for all purposes.
Police Officers for execution.
(2) In proceedings to which a form is not applicable, the
Enforcement 191. A warrant under section 190 shall -
of warrant. Rules of Court Committee may by statutory instrument prescribe the
(a) be valid and effectual throughout Sierra forms required for such proceedings.
Leone, wherever the person against whom
the warrant is issued, or where goods and 195. The sealing of an Order, summons or warrant shall not be Sealing of
Orders, etc.
chattels of such person may be found; and necessary in addition to the signature of the Judge, Magistrate or not generally
Justice of the Peace by whom it shall be signed, except in cases where necessary.
(b) if issued by a Magistrate Court, be enforced sealing is expressly directed by this or any other Act.
by a Magistrate Court in other Districts in
which the person against whom the warrant 196. (1) A Police Officer of or above the rank of Inspector or Fingerprint
etc.
or goods and chattels of that person, may be the Police Officer for the time being in charge of a police station shall,
found. whenever a person is charged and prosecuted before a Court with
an offence, whether the offence is to be tried summarily or on
Procedure 192. A warrant to be enforced outside the jurisdiction of the indictment, or whether the person has or has not been admitted to
with regard to bail, cause to be taken for use and record, photographs,
warrants
Magistrate Court by which it was issued shall be forwarded to the .
executed authority prescribed in section 190 and be enforced and returned in measurements, thumbprints, fingerprints or other scientific methods
outside like manner as if it has been issued out of the Court having jurisdiction of identification of the person.
jurisdiction.
within the District where the warrant is to be endorsed, and the
proceeds of the enforcement shall be forwarded to the Court out of
which the warrant was originally issued.
104 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 105

(2) Where a conviction of the person is not followed as a make an order, as he thinks fit, authorising a Police Officer to take the
result of or in connection with, the prosecution, then, and in every measurements, photographs, thumbprints, fingerprints or other
such case, the photographs of the person shall, together with the scientific methods of identification of that person.
records of the person charged and prosecuted; measurements,
thumbprints, fingerprints or other scientific methods of identification, 197. (1) The Registrar or other proper officer of the Court shall, Arrest, etc. of
be handed over to him or if this is not possible, be destroyed or may as soon as may be practicable, whenever a Member of Parliament or Members of
Parliament or
be retained by the police. a public officer is- Public Officer
to be
(3) A Police Officer of or above the rank of Inspector or (a) arrested or detained in custody upon the reported.
the Police Officer for the time being in charge of a police station shall warrant or order of a Court;
take all necessary action and to do all such things as may be
reasonably required for the proper and efficient execution of this (b) sentenced by a Court to a term of
section. imprisonment; or
(c) acquitted and discharged;
(4) A Police Officer may, where a thumbprint or a
fingerprint is likely to become an exhibit in a criminal case, take for inform, in the case of -
comparison the thumbprints or fingerprints or other biometric data of
(i) a Member of Parliament, the Speaker;
a person who is reasonably suspected of having made that thumbprint
or fingerprint. (ii) a civil servant, the Director-General,
Human Resource Management Office or
(5) A person who refuses to submit to the taking and the person responsible for appointments
recording of his photographs, measurements, thumbprints, to the Civil Service;
fingerprints or other scientific methods of identification shall be taken
before a Magistrate who shall, on being satisfied that the person- (iii) a member of staff of the Judiciary, the
Chief Justice;
(a) has been charged and prosecuted before a
(iv) other public officers employed in the
Court with an offence;
public service of Sierra Leone, their
(b) is reasonably suspected of having made a respective employers.
thumbprint or fingerprint likely to become an
exhibit in a criminal case; or (2) For the purposes of this section the expression
"Court" means any Court in Sierra Leone, including the Superior
(c) has left on the scene of a crime or on a Courts of Judicature, Magistrate Courts and Local Courts.
document or thing or a physiological or bodily
fluid or substance relevant to a criminal case
106 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 107

Repeal and 198. (1) The Criminal Procedure Act, 1965 (Act No. 32 of 1965) FIRST SCHEDULE
savings. Section 49
is hereby repealed. The Criminal Procedure Rules.
GENERAL PROVISIONS
(2) Not withstanding subsection (1), an order, regulation
or other instrument made under the repealed Act shall remain in force 1. Figures and abbreviations may be used in an information Use of
and be deemed to have been made under the corresponding orindictment for expressing anything which is commonly expressed figures and
abbreviations.
provisions of this Act until such time as the order, regulation or other thereby.
instrument is amended, revoked, repealed or replaced by an order,
regulation or other instrument made under this Act. 2. (1) A description of the offence charged in an information Mode in
or indictment or where more than one offence is so charged, of each which
offences are
(3) A criminal trial in which a plea has been taken at the offence so charged, shall be set out in the information or indictment charged.
commencement of this Act shall be inquired into and dealt with in in a separate paragraph called a count.
accordance with this Act.
(2) A count of an information or indictment shall
(4) A preliminary investigations commenced under the commence with a statement of the offence charged, called the
repealed Act shall continue under this Act. statement of offence.

(3) The statement of offence shall described the offence

shortly in ordinary language, avoiding as far as possible the use of
technical terms, and without necessarily stating all the essential
elements of the offence, and if the offence charged is one created by
enactment shall contain a reference to the section of the enactment
creating the offence.

(4) After the statement of the offence particulars of such

offence shall be set out in ordinary language, in which the use of
technical terms shall not be necessary:

Provided that -
(a) where any rule of law or any Act or
statutelimits the particulars of an offence
which are required to be given in an
information or indictment, nothing in this
rule shall require any more particulars to be
given than those so required;

(b) it shall be sufficient if only the words of the

section of the enactment creating the offence
are set out in the particulars of the offence.
108 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 109

(5) The forms set out in the Appendix to these rules, or (3) Property belonging to or provided for the use of a
forms conforming thereto as nearly as may be, shall be used in cases Government establishment, service, or department, may be laid as
to which they are applicable and in other cases forms to the like effect the property of the Government of Sierra Leone.
or conforming thereto as nearly as may be shall be used, the statement
of offence and the particulars of offence being varied according to (4) Coin and bank note may be described as money, and
the circumstances in each case. any averment as to money, so far as regards the description of
property, shall be sustained by proof of any amount of coin or of a
(6) Where an information or indictment contains more bank note, although the particular species of coin of which such
than one count, the counts shall be numbered consecutively. amount was composed or the particular nature of the bank note shall
not be proved; and in cases of embezzlement and obtaining money or
Statutory 3. (1) Where an enactment constituting an offence states bank notes by false pretences, by proof that the accused embezzled
offences. the offence to be the doing or the omission to do any one of any or obtained any coin or any bank note, or any portion of the value
different acts in the alternative, or the doing or the omission to any thereof, although such coin or bank note may have been delivered to
act in any one of any different capacities, or with any one of any him in order that some part of the value thereof should be returned to
different intentions, or states any part of the offence in the alternative, the party delivering the same, or to any other person, and such part
the acts, omissions, capacities or intentions, or other matters stated shall have been returned accordingly.
in the alternative in the enactment, may be stated in the alternative in
the count charging the offence. (5) The description or designation in an information or
indictment of the accused or of any other person to whom reference
(2) It shall not be necessary, in any count charging an
is made therein, shall be such as is reasonably sufficient to identify
offence constituted by an enactment, to negative any exception or
him without necessarily stating his correct name, or his abode, style,
exemption from or qualification to the operation of the enactment
degree or occupation, and if owing to the name of the person not
creating the offence.
being known, or for any other reason, it is impracticable to give such
Description 4. (1) The description of property in a count in an a description or designation, shall be given as is reasonably
of property. information or indictment shall be in ordinary language, and such as practicable in the circumstances, or such person may be described as
to indicate with reasonable clearness the property referred to and if "a person unknown".
the property is so described it shall not be necessary, except when
required for the purpose of describing an offence depending on any 5. Where it is necessary to refer to a document or instrument Description
special ownership of property or special value of property, to name inan information or indictment, it shall be described by a name or of document.
he person to whom the property belongs or the value of the property. designation by which it is usually known, or by the purport thereof,
without setting out a copy thereof.
(2) Where property is vested in more than one person,
and the owners of the property are referred to in an information or 6. Subject to these rules, it shall be sufficient describe a place, General
thing, matter, act or omission whatsoever to which it is necessary to rule relating
indictment, it shall be sufficient to describe the property as owned by to
one of those persons by name with others, and if the persons owing refer inan information or indictment on ordinary language in such a description.
the property are a body of persons with a collective name, such as a manner as to indicate with reasonable clearness the place, time,
joint-stock company or "Inhabitants," "Trustees," "Commissioners," thing, matter, act omission referred to.
or "Club" or other such name, it shall be sufficient to use the collective
name without naming any the individual.
110 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 111

Statement 7. It shall not be necessary in stating any intent to defraud FORMS OF INDICTMENT
of intent. deceive or injure a particular person, where the enactment creating
the offence does not make an intent defraud, deceive, or injure a FORM 1- Murder
particular person an essential ingredient of the offence.
STATEMENT OF OFFENCE
Charge of 8. Where a previous conviction of an offence is charged in
previous aninformation or indictment it shall be charged at the end of the Murder.
conviction. information or indictment by means of a statement that the accused
has been previously convicted of that offence at a certain time and PARTICULARS OF OFFENCE
place without stating the particulars of the offence.
A.B., on the……day of………………20………,…. at…………………in
INDICTMENT the Western Area/Province of the Republic of Sierra Leone, murdered
An indictment shall bear date on the day when the same is J.S.
signed and With such modifications as shall be necessary to adopt it
to the circumstances of each case, may commence in the following FORM 2- Accessory after the fact to Murder
form -
STATEMENT OF OFFENCE
IN THE HIGH COURT OF SIERRA LEONE The..............day of 20….
At the High Court holder at..............on the.......day. Accessory after the fact to murder.

of 20.......The Court is informed by the Attorney-General on the half PARTICULARS OF OFFENCE

of His Excellency the President at the instance of C.D.
the Prosecutor that A.B is charged with the following offence A.B., well knowing that one H.C. had murdered J.S., did on
(offences)- the……….day of……………..20 ……, and on other days thereafter,
at…………..in the Western Area/Province of the Republic of Sierra
Leone, receive, comfort, harbour, assist and maintain the said H. C.

FORM 3-Manslaughter

STATEMENT OF OFFENCE
Manslaughter.
PARTICULARS OF OFFENCE

A.B., on the ……. day of ………20……, at………..in the Western

Area/Province of the Republic of Sierra Leone, unlawfully killed J.S
.
112 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 113

FORM 4-Rape FORM 6-Larceny

STATEMENT OF OFFENCE STATEMENT OF OFFENCE

Rape, contrary to section 6 of the Sexual Offences Act, 2012, Act No. 12 of 2012 Larceny, contrary to section 13(a) of the Larceny Act, 1916.

PARTICULARS OF OFFENCE PARTICULARS OF OFFENCE

A.B., on the ……. day of ……….20……..,at………in the Western Area/Province of A.B., on the…..day of………20….., at…………..in the Western Area/Province of
the Republic of Sierra Leone, intentionally had sexual penetration with C.D., without the Republic of Sierra Leone, stole one watch of the value of Le.10,000 (Ten
her consent. Thousand Leones), and two pair of shoes of the value of Le.20,000 (Twenty
Thousand Leones), the property of M.N, in the dwelling-house of P.S.
FORM 5-Wounding with intent
FORM-7-Larceny
COUNT ONE
COUNT ONE
STATEMENT OF OFFENCE
STATEMENT OF OFFENCE
Wounding with intent, contrary to section 18 of the Offences against the Person
Act, 1861. Larceny, contrary to section 17(1) (a) of the Larceny Act, 1916.

PARTICULARS OF OFFENCE PARTICULARS OF OFFENCE

A.B., on the ……. day of ………20……., at………..in the Western Area/Province of A.B., on the……..day of………20….., at…………in the Western Area/Province of
the Republic of Sierra Leone, wounded C.D, with intent to do him grievous bodily the Republic of Sierra Leone, being clerk or servant to M.N., stole from the said
harm, (or to maim, disfigure, or disable him, or to resist the lawful apprehension of M.N. ten yards of cloth.
him the said A.B).
COUNT TWO
COUNT TWO STATEMENT OF OFFENCE

STATEMENT OF OFFENCE Embezzlement, contrary to section 17(1) (b) of the Larceny Act, 1916.

Wounding, contrary to section 20 of the Offences against the Person Act, 1861. PARTICULARS OF OFFENCE
. A.B., on the……..day of…………20….., at…………..in the Western Area/Province
PARTICULARS OF OFFENCE of the Republic of Sierra Leone, being clerk or servant to M.N., fraudulently embezzled
A.B., on the…….day of……,,,,20……., at…………in the Western Area/Province of Le. 20,000 (Twenty Thousand Leones) in money ("any chattel, money or valuable
the Republic of Sierra Leone, maliciously wounded C.D. security") received by him for or in the name or on the account of the said M.N. his
master ("master or employer").
114 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 115

COUNT THREE FORM 10- Burglary and Larceny

STATEMENT OF OFFENCE STATEMENT OF OFFENCE

Receiving stolen goods, contrary to section 33 (1) of the Larceny Act, 1916. Burglary, contrary to section 25 (1) of the Larceny Act, 1916.

PARTICULARS OF OFFENCE PARTICULARS OF OFFENCE

A.B., on the…..day of………..20……, at……in the Western Area/Province of the
Republic of Sierra Leone, did receive a bag, the property of C.D., knowing the same A.B. in the night of the…...day of…………20…….at…………in the Western Area/
to have been stolen. Province of the Republic of Sierra Leone, broke and entered the dwelling-house of
C.D. with intent to steal therein.
FORM 8- Robbery with Aggravation
FORM 11
STATEMENT OF OFFENCE
STATEMENT OF OFFENCE
Robbery with aggravation, contrary to section 23 (1) (a) of the Larceny Act, 1916.
Burglary and Larceny, contrary to sections 25 (1) and 13 (a) of the Larceny Act,
PARTICULARS OF OFFENCE 1916.
A.B., on the……..day of……………20….., at…………in the Western Area/Province
of the Republic of Sierra Leone, being armed with a gun, robbed C.D., of Le.20,000 PARTICULARS OF OFFENCE
(Twenty Thousand Leones).
A.B. in the night of the………day of……………20…., at…………in the Western
FORM 9- Robbery with Violence Area/Province of the Republic of Sierra Leone, broke and entered the dwelling-
house of C.D. with intent to steal therein and stole therein [a watch], the property
STATEMENT OF OFFENCE of [the said S.T. or as the case may be) the said [watch] being of the value of
Le.20,000 (Twenty Thousand Leones).
Robbery with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916.
FORM 12- Obtaining goods by false pretences
PARTICULARS OF OFFENCE
A.B., on the……..day of……………20….., at…………in the Western Area/Province STATEMENT OF OFFENCE
of the Republic of Sierra Leone, robbed C.D., of a watch, and at the time of or
immediately before or immediately after such robbery did use personal violence to Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act,
the said C. D. 1916.
116 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 117

PARTICULARS OF OFFENCE COUNT TWO

A. B., on the……….day of………….20….., at…………..in the Western Area / STATEMENT OF OFFENCE

Province of the Republic of Sierra Leone, with intent to defraud, obtained from S. P.
five yards of cloth by falsely pretending that he the said A. B. was a servant to J. S., Arson, contrary to section 3 of the Malicious Damage Act, 1861.
and that he the said A. B. had then been sent by the said J. S. to S. P. for the said
cloth, and that he the said A. B. was then authorised by the said J.S. to receive the PARTICULARS OF OFFENCE
said cloth on behalf of the said J.S. A. B., on the……..day of…………20……., at……………in the Western Area/
Province of the Republic of Sierra Leone, maliciously set fire to a house with intent
FORM 13- Conspiracy to defraud to injure or defraud.

STATEMENT OF OFFENCE FORM 15

Conspiracy to defraud. STATEMENT OF OFFENCE

PARTICULARS OF OFFENCE A. B., Arson, contrary to section 3 of the Malicious Damage Act, 1861

A.B. and C.D., on the………day of ………and on divers days between that day and C.D., accessory before the fact to same offence.
the ……..day of………..at……………in the Western Area/Province of the Republic
of Sierra Leone, conspired together, and with other persons unknown, with intent PARTICULARS OF OFFENCE
to defraud by means of an advertisement inserted by them, the said A.B. and C.D., A.B., on the……day of………......20……, at……………in the Western Area/Province
in H.S Newspaper, falsely representing that A.B. and C.D. were then carrying on a of the Republic of Sierra Leone, set fire to a house with intent to injure or defraud.
genuine business as jewelers at ……., in the Western Area/Province of the Republic
of Sierra Leone, and that they were then able to supply certain articles jewellery to C.D., on the same day, at ……….. in the Western Area/Province of the Republic of
whomsoever would remit to them the sum of ……….Leones. Sierra Leone, did counsel, procure, and command the said A.B. to commit the said
offence.
FORM 14-Arson
COUNT ONE
STATEMENT OF OFFENCE
Arson, contrary to section 2 of the Malicious Damage Act, 1861.

PARTICULARS OF OFFENCE
A.B., on the…day of……………20………at…………………in the Western Area/
Province of the Republic of Sierra Leone, maliciously set fire to a dwelling house,
one F. G. being therein.
118 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 119

FORM 16 PARTICULARS OF OFFENCE

STATEMENT OF OFFENCE A. B., on the…..day of………….20……,at………….in the Western Area/Province
(Section 36) Damaging trees, contrary to section 22 of the Malicious Damage Act, of the Republic of Sierra Leone, uttered a certain forged Will purporting to be the
1861. Will of C. D., knowing the same to be forged, and with intent to defraud.

PARTICULARS OF OFFENCE FORM 18

A. B., on the……..day of…………20……, at………….in the Western STATEMENT OF OFFENCE
Area/Province of the Republic of Sierra Leone, maliciously damaged Uttering counterfeit coin, contrary to section 6 (1) of the Coinage Offences Act,
a mango tree there growing, and did injury to the amount of 1965.
……….Leones PARTICULARS OF OFFENCE
A.B., on the……..day of………….20………, in the public market at……………in
A. B. has been twice previously convicted of an offence under section the Western Area/Province of the Republic of Sierra Leone, uttered a counterfeit
22 of the Malicious Damage Act, 1861, namely, at……….on ……..cent(s) coin, knowing the same to be counterfeit.
the………day of……….. 20……, and at…………, on the……day
of…………..20….. FORM 19

FORM 17 STATEMENT OF OFFENCE

COUNT ONE Perjury, contrary to section 1 (1) of the Perjury Act, 1911.

STATEMENT OF OFFENCE PARTICULARS OF OFFENCE

A. B., on the ……day of………….20…, at…………….in the Western Area/Province
Forgery, contrary to section 2(1) (a) of the Forgery Act, 1913.
of the Republic of Sierra Leone, being a witness upon the trial of an action in the
PARTICULARS OF OFFENCE
High Court of Sierra Leone in which one………….was plaintiff, and
A. B., on the…….day of……………20……, at……………in the one…………..was defendant, knowingly falsely swore that he saw one M. N. in the
Western Area/Province of the Republic of Sierra Leone, with intent
to defraud, forged a certain Will purporting to be the Will of C.D. street called………………street, …………….in the Western Area/Province, on

the……….day of…………20…
COUNT TWO
STATEMENT OF OFFENCE
Uttering forged document, contrary to section 6 (1) (2) of the Forgery
Act, 1913.
120 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 121

FORM 20 FORM 21

COUNT ONE COUNT ONE

STATEMENT OF OFFENCE STATEMENT OF OFFENCE

Falsification of accounts, contrary to section 1 of the Falsification of Accounts Fraudulent conversion of property, contrary to section 20 (1) (iv) (a) of the Larceny
Act, 1875. Act, 1916.

PARTICULARS OF OFFENCE PARTICULARS OF OFFENCE

A. B., on the.…day of………….20……, at……………in the Western Area/Province A. B., on the..…..day of ……………20….., at ………….in the Western Area/Province
of the Republic of Sierra Leone, being clerk or servant to C.D., with intent to of the Republic of Sierra Leone, fraudulently converted to his own use or benefit
defraud, made or concurred in making a false entry in a cash book belonging to the
certain property, that is to say, Le…......... entrusted to him by E.S., in order that he,
said C.D., his employer, purporting to show that on the said day Le. ……..had (Section 26)
been paid to L.M. the said A. B., might retain the same in safe custody.

COUNT TWO COUNT TWO

STATEMENT OF OFFENCE STATEMENT OF OFFENCE

[Same as Count One] Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny
Act, 1916.
PARTICULARS OF OFFENCE
A. B., on the…day of………..20……, at……………….in the Western Area/Province PARTICULARS OF OFFENCE
of the Republic of Sierra Leone, being clerk or servant to C.D., with intent to A.B., on the…..day of…………..20…….., at …………in the Western Area/Province
defraud, omitted or concurred in omitting from or in a cash book belonging to the of the Republic of Sierra Leone, fraudulently converted to his own use or benefit
said C.D., his employer, a material particular that is to say, the receipt on the said certain property, that is to say, the sum of Le…………received by him for and on
day of Le…….. from H.S. account of L.M.
122 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 123

SECOND SCHEDULE Now I ………………….(name of defendant ), of

………………………(address) hereby bind myself that I will, in the
FORM No. 1 Warrant of Remitting Court.
In the …………………..Court………………….at……………………. event I am convicted of the said offence, or of any other offence,
To…………………………………. (Officer) upon the charge now pending or any charge substituted therefore,
pay the costs of my prosecution as certified by
WHEREAS………………………. (name of Defendant)
……………………………………………………
(Section 36) of……….(Address) was brought before me at………. ..on
the………day of………… 20………charged with the offence
of…………(Statement of offence) committed… Dated this……………day of ……………………….20….
…….………at……………..in the district of
…………………………...
Now these are to command you to convey the said…………. to……… (Signature)

and to produce him before the…………………………… (Magistrate) I hereby declare myself surety/We hereby jointly and severally
declare ourselves sureties for the said…………………(name), that
at……………………there to be dealt with according to law.
the defendant will, if convicted, pay the cost of the prosecution as
Dated this ………………day of………………20… he has herein undertaken, and in case of his making default I bind
myself/We bind ourselves to forfeit to the Government of Sierra
………………………..
Leone the amount of the said cost as certified by………….
Signature
Dated this……………day of ……………………….20….
(Section FORM No. 2- Recognisance to pay costs.
43(3)
…………………………...
IN THE HIGH COURT OF SIERRA LEONE
(Signature)
WHEREAS application has been made to His FORM NO. 3 Summons to a defendant.
(Section 23
Lordship………………under section 43 of the Criminal Procedure Act, In the…………………………………Court (1)
20……, by me………… (name of defendant) a person accused of the
offence of ……………………… To……………………(name of defendant) of………………(address).

WHEREAS your attendance is necessary to answer to a charge

AND WHEREAS it has been further ordered that I, the said of………………… (Statement of Offence):
……….......... (defendant), shall enter into a bond with
……………………………… surety……………that I shall, if convicted, You are hereby required to appear in person before the
……………….Court at………………………….at…… m, on the
pay the costs of the prosecution: ………day of ………20…….
124 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 125

Herein fail not. This form must be used when an offence with which the defendant is
charged is punishable only by a fine or by imprisonment not exceeding
Dated this……day of……………………………..20……. 3 months (whether with or without a fine). It may also be used on the
direction of a Magistrate in respect of any offence other than a felony.
…………………
FORM No. 4 Warrant of Arrest. (Section 26)
(Signature)

FORM No.3A Summons to a defendant under special procedure in In the ……………………Court at …………………………….
section 23
To………………………………(name and designation of person(s)
In…………………..…………….…Court who is/are to execute the warrant).

WHEREAS……………………………….….(name of defendant)
To……………(name of defendant) of…………….. (address)
of………………(address) stands charged with the offence
of………………………(Statement of Offence)
WHEREAS your attendance (subject to what is stated below) is
necessary to answer to a charge of…………. (statement of offence) You are hereby commanded to arrest the said…………………..and
Unless you choose to inform the Court in writing before the date to produce him before me.
fixed for hearing that you plead guilty to the charge you are hereby
DATED this ………….day of …………..20…
required to appear in person or by legal practitioner before the
Court……………..at……. m, on the……day of…………..20……. …………………………...
If you plead guilty in writing or represented by a legal practitioner (Signature)
you need not attend the hearing unless you are subsequently (This warrant may been endorsed as follows)
required to do so by the Court.
If the said……………….shall enter into a recognisance himself in the
(Section 55)
Dated this………………day of…………….. 20…. sum of with………………….surety..........................(each) in the sum
of……………………………to attend before me at ………………
…….………………………
(Signature) ……… m on the..……day of ……………….20…., and to continue so
to attend otherwise directed by me, he may be released.
I plead guilty to the above written charge
DATED this ………….day of……………..20….
…………………………..
(Signature)
…………………………………….
Note: Your non-appearance in Court will have no effect on the
Sentence to be passed if you are convicted.
126 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 127

(Signature) Sworn before me at……….this………….day of………20………….

FORM No. 5 Order to bring up an inmate. …………………………..

(Signature)
(Section 34) In the………………………Court at………………..................................
FORM No. 7 Search Warrant.
To the keeper of a Correctional Centre at ………………………………..
In the……………………………Court at………………………. (Section 29 &
WHEREAS……………….(name of inmate) an inmate now in your 33)
custody is required to appear before me to answer a charge of………..
(Statement of Offence): To …………………(name and designation of person(s) who is or are
to execute the warrant).
Now these are to command you to produce the said inmate before me
at……….at……… m on the……. day of …………..20…., and to ensure WHEREAS information has been given to me upon oath of the
his further attendance from time to time until the said charge shall commission or suspected or intended commission of the offence
have been disposed of. of………….. (statement of offence) and it has been made to appear to
………………………. me that there is reasonable cause to suspect that…………..(specify
(Signature) the animal, matter or thing clearly) or some of them are concealed
in……………at……………………….
FORM No. 6 Affidavit of Service.
(Section 22) Now these are to authorise you with such assistance as you may
Affidavit of Service of Summons out of the Jurisdiction.
require to search for the said……………………. (animal, matter or
I, ………………….(name and designation), make oath and say as thing specified) in the…………………. (describe the house, vessel or
follows:- place to which the search will be confined), and if necessary to search
At or about……… m. in the……….noon of the…………day of all persons found therein and if found to produce such ………..
…………..20…, I personally served upon…………………(name of (animal, matter or thing) forthwith before this Court together with
person summoned) by………………………(state method of service) this warrant.
a summons issued by ………………(issuing Court) in the matter
of………. (prosecutor) versus……………………(defendant) wherein And I hereby authorise you to enter by force into the…………….
the said defendant is charged with ………………………………… (set (place to be searched) if you are not admitted after making known
out charge as described summons). your authority and demanding admission.
…………………………..
(Signature)
128 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 129

And I hereby direct you to arrest the occupier of the said………. FORM No. 9 Notice of Nolle Prosequi
(place to be searched) if any such ………..……(animal, matter or thing)
be found. NOTICE OF ENTRY OF NOLLE PROSEQUI AT THE INSTANCE OF
THE ATTORNEY-GENERALAND MINISTER OF JUSTICE.
DATED this…….day of…………………20….
(Section 45
To…………in the matter of a charge of ……………(state charge) (1&2)
………………………………….. against……………(name of defendant).
(Signature)
Take notice that in this case a nolle prosequi has been entered.
*(I authorise the execution of this warrant at any time.)
DATED this………………..day of …………………20……….
…………………………………..
…………………………………….
(Signature)
(Signature)
* Strike out when Magistrate or Justice of the Peace does not think
Note: If the defendant is in a Correctional Centre, he shall forthwith
fit so to authorise or direct.
be released.
FORM No. 8 Nolle Prosequi.
If he is on bail, his recognisance and those of his sureties are
discharged.
(Section 45 To……………………………(Registrar or Court Clerk) of the
(1&2)
………………….. Court at ………………………………(Place). Witnesses are released from their obligations of further attendance
at the Court.
WHEREAS……………………......…….(name of defendant)
FORM No. 10 Order to recover damages, etc.
of………………………… (address) has been committed for trial/
stands charged before the ……………………..Court of ………….. on In the……………Court at……………… (Section 55)
a charge of………………………………(statement of offence).
To…………………..…(the bailiff or other person concerned)
Now these are to authorise and require you to enter on the record a
statement that the proceedings are stayed by my direction.

DATED this………….day of………………………………20……….

…………………………………….
Attorney-General & Minister of Justice
130 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 131

WHEREAS in the matter of a charge of………………………..preferred You should be present at the said time and place in order to hear the
at the instance of……………………………(prosecutor) against said statement made *(and to cross-examine the deponent upon it).

…………. (defendant) it was ordered………………….……… (set out DATED this……….day of…………………………..20…………

the order made).
……………………………….
Now these are to authorise and require you to recover the said sum of (Signature)

………Leones as though the same were a judgment debt in the above *In case of notice to the prosecutor these words should be struck
mentioned Court. out.

DATED this……….day of………………………….20…… FORM No. 12 Order to produce inmate to hear a deposition taken.
In the……………………………………Court at…………………… (Section 59)
…………………………...
(Signature) To……….……(keeper of Correctional Centre or Police Officer)
at……………. (place).
FORM No. 11-Notice of intention to take deposition.
WHEREAS…………………(name) is now lying ill/hurt
(Section 58) In the………………………….Court at………………………….. at………..(address) and is not expected to recover:

To…….…………….(name) of……………………………...(address). AND WHEREAS it is expedient that…………….……..(name), an

inmate now in your custody, should be present in order to hear the
WHEREAS……………….(name) is lying ill/hurt at …………….. statement which I propose to take from the said…………
(address) and is not likely to recover, and whereas it appears to me
that the said………………………………………is able and willing to Now these are to command you to produce the said inmate
give material information relating to the offence at……………….(place) at……….m. on…………….the………….day
of…………………….(statement of offence) alleged to have been of…………………..next there to continue until the said statement
committed upon/in regard to…………………. shall have been taken and recorded.

Now, therefore, take notice that I propose to take in writing and upon DATED this………..day of………………………..20……
oath or affirmation the statement of the said
…………………..at…………………… (place) at……………………m. …………………………………….
(Signature)
on the………….day of……………………………on next.
132 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 133

FORM No. 13 Recognisance to look after a lunatic. FORM No. 14 Order for commitment of criminal lunatic pending
report to Minister
(Section 68) In the………………………….Court at…………………………
In the……………………….Court at…………………………… (Section 70)
WHEREAS………………(name of defendant) did appear before the
…………….………(Magistrate or Judge) at………………………to To the keeper of the Correctional Centre at……….……………..

take his trial on or attend a committal proceedings into a charge

WHEREAS……………………………..(name of criminal lunatic) being
of………………………..:
charged before the …………………… Court with the offence
of…….................. was this day by special finding found to be not
And whereas the said……………………..(Magistrate or Judge) has
guilty by reason of insanity:
reason to believe that the said………………………(name of
defendant) is of unsound mind and is incapable of making his defence
Now these are to authorise you to receive the said……………into
and has postponed further proceedings in the matter: your custody and safely to keep him until further order in his behalf.

Now I hereby declare myself surety/Now we hereby jointly and DATED this…………day of……………………..20………….
severally declare ourselves sureties that the said………………shall
…………………………………….
be properly taken care of and prevented from doing injury to himself (Signature)
or any other person or property, and for his appearance when required
before the Court or before such officer as the Court may appoint in FORM No. 15 Minister's Order for confinement of a criminal lunatic.
that behalf. WHEREAS…………...……………………….(name of defendant), (Section 71 &
72)
being charged before the………………………..Court
And in case of my/our making default herein I bind myself/we bind at……………..with the offence of………………………...…was by
ourselves to forfeit to the Government of Sierra Leone the sum
of………………………………………Leones. special finding the said Court to be not guilty of the act or omission
charged by reason of insanity:
DATED this ……………day of …………………….20……

……………………………
(Signature)
134 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 135

Now, therefore, I…………………………the Minister responsible for with…………………(statement of offence), do hereby bind myself to
Social Welfare, do hereby order the said……………..of attend in the……..……………Court at ……………....on
……………………………. to be confined in the mental hospital or the……..…day of ………….next to answer to the said charge and to
Correctional Centre at…………………as a criminal lunatic until further continue so to attend until otherwise directed by the said Court: and
order. in case of my making default herein I bind myself to forfeit to the
Government of Sierra Leone the sum of…………….Leones.
DATED this……………..day of …………………….20…….
DATED this………day of………………………….20….
…………………………………….
(Minister) …………………………………….
(Signature)
FORM No. 16 Certificate of Medical Oficer of Mental Hospital.
I hereby declare myself surety/We hereby jointly and severally declare
CERTIFICATE UNDER SECTION 74 OF THE CRIMINAL
PROCEDURE ACT, 2024 ourselves sureties for the above-named………………..of…………
…….. that he will attend in the ………………..Court at………………on
(Section 74) I…………………………(name) of…………..…….…………..(address), the …………day of………………………next to answer to the above-
the Medical Superintendent of the Mental Hospital at………..… named charge and will continue so to attend until otherwise directed
hereby certify that ….……………...(name of defendant) against whom by the said Court: and in case of his making of default herein I bind
a charge of ………… is pending before the Court at…………… is in myself/We bind ourselves to forfeit to Government of Sierra Leone
my opinion capable of making his defence to the said charge. the sum of………………………………….Leones.

DATED this………..day of…………………………….20……… DATED this…………day of…………………20……..

……………………………………. ………………………………
(Signature) (Signature)

FORM No. 17 Recognisance to take trial

In the……………………………….Court at……...…………

I, …………………………………..(name of defendant), being brought

before the………………(Magistrate) at………………..charged
136 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 137

FORM No. 18 Recognisance to attend committal proceedings and FORM No. 19

take trial if committed.
RECOGNISANCE BOOK KEPT AT THE POLICE STATION (OR
In the………………….…Court at………………………………... POLICE POST) AT
Date Time Name and Charge (1) Conditions Name and (2) Date and Time (3) Order of
I, …………………(name of defendant) of………………… (address), of Address of of Recognisance Address of Conditions Laid Before Magistrate
being brought before the………………………(Magistrate) Arrest Recognisor Sureties of Bail Magistrate or
Police Officer
at…………………charged with the Offence of ……………….and
required to give security for my attendance in his Court and at the (1) State time and place at which defendant (recognisor) is to
High Court, if required, do bind myself to attend at the Court of the appear before the Magistrate or Police Officer and the
said …………… (Magistrate) on every day of the committal sum in which he is bound followed by his signature or
proceedings into the said charge and, should the case be sent for mark.
trial in the High Court, to be and appear before the said Court when
called upon to answer the charge against me and to continue so to (2) State amount in which each surety is separately bound,
appear until otherwise ordered by the said Court: and in case of my followed by his signature or mark.
making default herein I bind myself to forfeit to the Government of
Sierra Leone the sum of …………………………………Leones. (3) Order for enlargement of bail, cancellation of bail, transfer
to a bond, etc.
DATED this………day of…………………..20………………..
FORM No. 20 Remand Warrant.
…………..………………………
(Signature)
In the………………..…Court of….………………………. (Section
102a) (112d)
I hereby declare myself surety/We hereby jointly and severally declare 116(1)
ourselves sureties for the said …………………(name of defendant) To………(Keeper of Correctional Centre or Police Officer) at…………
that he will attend at the ……………..Court on every day of the
committal proceedings into the offence charged against him, and
WHEREAS…………………………(name of defendant) has this day
should the case be sent for trial in the High Court, that he will be and
appear before the said Court when called upon to answer the charge appeared before me charged with the offence of…………………….and
against him and will continue so to appear until otherwise ordered by I consider it advisable to adjourn the examination into the said charge:
the said Court and in case of his making default herein I bind myself/
We bind ourselves to forfeit to the Government of Sierra Leone the
sum of ……………………….Leones.

DATED this…………….day of…………………..20………

…………..………………………
(Signature)
138 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 139

Now these are to command you to receive the said……………… into Q. having heard your statement read do you wish to explain or add to
your custody and safely to keep him and produce him before me it?
at………….at………….m, on the……day of …………… 20……and A.
hereafter from time to time as may be notified to you by endorsements
on this warrant. The statement of the defendant as herein/hereafter recorded was
taken in my presence and hearing and contains accurately the whole
statement made by him. He was called upon to sign it or to append
DATED this……………day of………………….20………..
his mark which he did/refused to do.
…………………………………….
…………………………………...
(Signature)
(Magistrate).

Q. Do you wish to call any witnesses?

FORM No. 21-Committal proceedings when case for the Prosecution
is closed.
*A. ……………..(if names are given record them). I order that the
(Section 113
defendant be committed for trial upon indictment before the High
122. The following is read by the Magistrate and explained to the
(7) Court at…………………..and I further order that the defendant be
defendant.
admitted to bail/Committed to Correctional Centre.
The following is read by the Magistrate and explained to the
Dated this ………..day of ………..20……….
defendant.

The charge/charges against you is/are ……………..(here set out

………………………………
charge or charges).
Signature
*if the defendant states that he does not wish his witnesses examined
Having heard the evidence do you wish to say anything in answer to
by the Magistrate but desires them to be bound over to appear before
the charge/Charges?
the High Court, this must be stated, but on no account should a
Magistrate suggest or encourage this, but should record the evidence
You are not obliged to say anything unless you desire to do so but
unless the defendant does not wise it.
whatever you say will be taken down in writing and may be given in
evidence upon your trial. And I give clearly to understand that you
FORM No. 22 Recognisance on committal to take trial
have nothing to hope from any promise of favour and nothing to fear
from any threat which may have been holden out to you to induce
In the…………….. Court at ………………..
you to make any admission or confession of your guilt. But that
whatever you shall now may be given in evidence notwithstanding
such promise or threat. (Here record statement of defendant. If too I …………………(name of Defendant) of………………(Address),
long for this space continue overleaf). being committed for trial before the …………………..Court on a
charge of……………….and required to give security to take my trial
140 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 141

before the said………………….Court, do hereby bind myself to said Court: and in case of making default herein I bind myself/We
appear before the said………….Court at………………….when called bind ourselves to forfeit to the Government of Sierra Leone the sum
upon to answer the charge against me and to continue so to appear of Le…………..
until otherwise ordered by the said Court: and in case of making
default herein I bind myself to forfeit to the Government of Sierra
DATED this…….day of………………………20………….
Leone the sum of Le………………
…………………………………...
DATED this …………….day of…………..20……. (Signature).

cognisances In the…………..Court at……………………… on FORM No. 23-Warrant on commitment for trial.

committal I, ……………..……………………………… (name of In the………..Court at………….. (Section 122)
defendant) to take
trial.of………………… (address) being committed to take trial before To the keeper of Correctional Centre at…………..
the …………………..Court on a charge of …………………… and
required to give security to take my trial before the Warrant on In the...................................Court at………………
………………Court, do hereby bind myself to be and appear Commitment for trial. To the Keeper of the correctional centre
before the……… Court at……………………………..
WHEREAS at a committal proceedings held by me into a charge
at …………………………when called upon to answer the charge
of……………………….preferred against………………….(name of
against me and to continue so to appear until otherwise ordered by
defendant) I committed ………………… (name of defendant) for trial
the Court: and in case of my making default herein I bind myself to
by the High Court upon the said charge and did not admit him to bail:
forfeit to the Government of Sierra Leone, the sum of
……………………………………….Leones.
Now these are to command you to receive the said …….……(name of
defendant) into your custody, and safely to keep him until the sittings
…………………………………... of the High Court to be held at………………(place) on the … day of
(Signature). …………… 20……for the trial of the defendant and to produce him
before the said Court then and there to be tried.
I hereby declare myself surety/We hereby jointly and severally
declare ourselves sureties for the said ……………….( name DATED this….day of……………20……
defendant) of………………… that he will be and appear before the
…………..……Court when called upon to answer the charge against …………………………………...
(Signature).
him and will continue so to appear until otherwise ordered by the
142 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 143

FORM No. 24 Recognisance to prosecute or give evidence FORM No. 26 Warrant of commitment on refusal to enter into a
recognisance
(Section 122) In the....................................Court at............................................
In the.............Court at................... (Section 123)
I,.......................................(name) of..........................................(address), do
hereby bind myself to attend the High Court at........................(place of
To........................(the keeper of Correctional Centre or Police Officer).
sitting) at....................... m. on the.................day of..............next and then
WHEREAS......................(name) of...................... (address) was called
andthere to prosecute (or to prosecute and give evidence or to give
Upon to enter into a recognisance to prosecute (or to prosecute and
evidence) in the matter of a charge
give evidence or to give evidence) in the matter of a charge of
of...............against....................................(name of defendant) and in case
………………………..to be preferred against..............................at the
of making default herein I bind myself to forfeit to the Government of
sittings of the ...........................Court to be holden
Sierra Leone the sum of Le…………...
at.........................on...............the…… day of….....20.....
DATED this....... day of......................20........
AND whereas the said.......................when so called upon did refuse
……………………………… to enter into such recognisance:
(Signature)
Now these are to command you to receive into your custody the
FORM No. 25 Notice to prosecutor and witness entering into said.....and safely to keep him until after the said trial, unless he
recognisance. sooner enters into such recognisance or unless by an order of this
Court or of the High Court you are commanded sooner to release
him.
(Section 122) In the.....................................Court at...........................................
To.....................(name of prosecutor or witness) of…………….(address) DATED this....... day of......................20.........

………………………………
Take notice that you are bound in the sum of ……………Leones to (Signature)
appear at the High Court to be holden at..................and unless you
personally make your appearance accordingly that sum will be forfeited FORM No. 27-Order to release a person committed for refusing
and levied on your goods and chattels, or your body taken in to enter into a recognizance.
(Section 124)
execution. In the............ .Court at...................

DATED this....... day of......................20......... To........................(the keeper of Correctional Centre or Police Officer).
WHEREAS by a warrant dated……………….a certain………….(name)
……………………………… of……………(address) was committed to your custody there to abide
(Signature)
144 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 145

until after the trial of…………… before the High Court on a charge perform
of……………… recognisance
Now these are to command you to release and set at liberty the andwarrant
said……………. thereon. To the
Sheriff………………………………….....…….…….....
In the……………...………….. Court at…….…………… release a
person To……………….......…………..(the keeper of the correctional I, ………………………………………. (Judge of the High Court or
centre or other designation) hereby certify that the
condition of the recognisance entered into by
committed Police Officer). …………………….. and set out on the obverse
forrefusing to hereof has not been complied with.
enterinto a You are hereby directed to cause to be served upon the
recognisance. said………………………….. the order and notice required by section
124 of the Criminal Procedure Act, 2024.
WHEREAS by a warrant dated …………..........…… a certain
…………. (name) of …………………………… And you are further directed that if the said sum shall not have been
paid to you within 6 days of the service of such order and notice, you
(address) was committed to your custody there to abide until after
shall proceed to recover the same by distress and sale of the goods
the trial of………………………before the High Court on a charge and chattels of the said ……………………… and in default of the
of………………………………………………... amount being so recovered you shall lodge the
said……………………..in the Correctional Centre
DATED this....... day of......................20......... at………………there to be kept safely for a period of
……………………………… ………………………. days, and for
(Signature) So doing this shall be sufficient warrant and authority to
FORM No. 28 Certificate of failure to perform recognizance and all concerned.
warrant thereon.
DATED at .............this………...day of………………………20………….
CERTIFICATE AND WARRANT UNDER SECTION 124, OF THE
CRIMINAL PROCEDURE ACT, 2024. …………………………………...
(Signature).
(Section 124) To the Sheriff……………
I,……………….(Judge of the High Court or other designation) hereby FORM No. 29-Order and notice on failure to regard recognisance.
certified that the condition of the recognisance entered into In the.......................................Court at ……………
by……………and set out on the obverse thereof has not been
complied with. To………………………..…......(name) of…………….(address)
146 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 147

WHEREAS on the ……………. day of ………20……., you as principal Now these are to command you to arrest the
party/surety entered into a recognisance conditioned as follows- said……………..................and to bring him before me.
DATED this……….day of……………20…..
And whereas the condition of the said recognisance has not been
performed: …………………………………….
(Signature).
Now these are to order you to pay the sum of …………………Leones
the amount of such recognisance wherein you were bound, and FORM No. 31 Warrant of committal of absconding recognisor.
further to give you notice that if within 6 days of the date of service
of this order and notice upon you, you fail to pay the said sum the In the………...................……….Court at………...........………
same may be recovered in manner prescribed by distress and sale of
your goods and chattels, and in default of the amount being so To theKeeper of Correctional Centre at……………….........…….
recovered you may be imprisoned for a period up to…days.
WHEREAS …………….of……………………… has bound himself
DATED this .....day of………………………20…………. by recognisance to prosecute (or to prosecute and give evidence or
to give evidence) in the matter of a charge
....................................... of……........against………………….
(Signature)
And whereas it has been made to appear to me by information upon
FORM No. 30 -Warrant for absconding recognisor. oath that the said…………………………was about to go out of Sierra
Leone, and he has been arrested under a warrant issued by me to
In the…………...........……………… Court at………………… prevent him so doing:

To …………………………………(person(s) who is or are to execute Now these are to command you to receive into your custody the
the warrant). said……………………………and safely to keep him until the trial of
the said…………………………and to produce him upon the day of
WHEREAS…………………………. of ………………has bound such trial before the High Court unless in the meantime you receive
himself by recognisance to prosecute (or to prosecute and give other directions as to his disposal.
evidence or to give evidence) in the matter of a charge of
……………………………against…………………… DATED this…. .…….day of……………20…..

And whereas it has been made to appear to me by information upon …………………………………….

oath that the said ………………………… is about to go out of Sierra (Signature).
Leone:
148 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 149

FORM No. 32 Certificate of service of notice of trial. Now these are to command you to make distress by seizure of the

CERTIFICATE REQUIRED UNDER SECTION 132 OF THE goods and chattels belonging to the said………………………which
CRIMINAL PROCEDURE ACT, 2024 may be found within district of ……………………. and if the said
sum shall not be paid forthwith/within ……days next after such
I, ………………………………..(Sheriff or Deputy Sheriff) hereby
certify that I have/caused to be served upon…………………… (name distress to sell the property distrained or so much thereof as shall be

of defendant) at ……………………………(place of service) a copy of sufficient to satisfy the said fine/sum/penalty returning this warrant
the indictment in the matter of the charge against him with the notice with an endorsement certifying what you have done under it,
of trial, and that the nature and exigency thereof was explained to him immediately upon its execution.
by………………………………,and that this service was effected
………………………….. (personally or in what manner DATED this......day of……….…………………20……….
accomplished) at……… m. on ………………the………day
…………………………………….
of……………….20…………... (Signature).

DATED this ………………day of……………………20……….. FORM No. 34-Warrant of commitment pending return to warrant
of distress
…………………………………….
(Signature). Warrant of In the.......................................Court at
………………………… commitment pending
FORM No. 33 Warrant to levy distress on defendant's goods.
To………………………………… (keeper of correctional centre or
Section 181 (3) In the……………………………….Court at…………………….. Police return to Officer).

To ………………………… (the person charged with the levy). warrant of distress.

WHEREAS……………………………… (name of defendant) was on In the………...................……….Court at………...........………

the..………... day of…………………..20………..convicted before me
To theKeeper of (Correctional Centre or Police Officer)
of the offence of ……………………….. and sentenced/ordered to at……………….........…….
pay a fine/sum/penalty of …………………Leones.
WHEREAS ……………………………. (name of defendant) was on
AND WHEREAS the said……………………………..has not paid the the.……day of ………… 20………. Convicted before me of the offence
of………………………….and sentenced/ordered to pay
said fine/sum/penalty or any part thereof:
fine/penalty of ……………………………….Leones.
150 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 151

AND WHEREAS default having been made in payment, a warrant of Now these are to command you to receive the said …………………
distress has been issued, but no return has yet been made thereto: into your custody together with this warrant, and him safely to keep
in the said Correctional Centre for the period of…………… unless
Now these are to command you to receive into your custody the said
the sum of……………………………..Leones (as set out at the foot
…………............................ and safely to keep him until the …………..
hereof) be sooner paid, and on the receipt thereof forthwith to set
day of……………………… 20………….. when you shall produce him
him at liberty returning this warrant with an endorsement certifying
before this Court at …………… m. unless the said sum of
the manner of its execution.
………………………………Leones be sooner paid, on receipt of which
the said ………………………shall be forthwith set at liberty. DATED this.......day of …………………20……….

DATED this.......................day of……….………………20………. …………………………………….

(Signature).
……………………………………. Details of expenses: Le
(Signature). Distress ...
Expenses of distress ...
FORM No. 35-Commitment for want of distress Expenses of commitment ...
Expenses of conveyance to Correctional Centre ...
(Section 182) In the…………………………Court at…........................…… ......................................
Le
To Keeper of the correctional centre at ……………...........… ......................................

WHEREAS by a warrant of distress dated the ……… day

FORM No. 36- Warrant of commitment of non-payment of fines
of…………....………. 20…………, it was ordered that distress be levied In the………...................……….Court at………...........………
against the goods and chattels of ……………………………... To the Keeper of Correctional Centre at……………….........…….
(name of defendant) for the sum of……………………………Leones.
WHEREAS ……………………………. (name of defendant) was on
the.……day of ………… 20………. Sentenced to pay a fine of
AND WHEREAS it has been reported to me that there are no sufficient ………………….Leones or in the default to suffer imprisonment for
goods and chattels of the said …………………to satisfy the said sum the period of …………………..
and the expenses of such distress:
Warrant of In the...................................Court at
…………………………..
Commitment of To the Keeper of the correctional centre at
…………………………….
non-payment of fines.
152 No. 8 The Criminal Procedure Act 2024 No. 8 The Criminal Procedure Act 2024 153

WHEREAS ……………………………… (name of defendant), WHEREAS on the ………… day of …..……………… 20… (Section 189)
AND WHEREAS the said ………………………has not paid the …………………….. (name of defendant ) was convicted before me
said…………………fine or any part thereof: of the offence of............................and was sentenced to…………...…

Now these are to command you to receive the said…………………… Now these are to command you to receive the
into your custody together with this warrant, and him safely to keep said……………………… into your custody together with this
warrant, and there to carry the aforesaid sentence into execution
in the said Correctional Centre for the said period according to law.
of…………………………unless the said fine be sooner paid, and on
the receipt thereof forthwith to set him at liberty returning this warrant
with an endorsement certifying the manner of its execution.
DATED this….... day of……….………20……….
DATED this……day of………………20…………
…………………………………….
…………………………………
(Signature).
(Signature)
Passed in Parliament this 5th day of July, in the year of our Lord two thousand and
Details of expenses: Le twenty four.
Distress ...
Expenses of distress ...
Expenses of commitment ... PARAN UMAR TARAWALLY,
Expenses of conveyance to Correctional Clerk of Parliament.
Centre ...

THIS PRINTED IMPRESSION has been carefully compared by me with the Bill
FORM No. 37- Warrant of commitment (no alternative) which has passed Parliament and found by me to be a true and correct printed
In the………...................……….Court at………...........……… copy of the said Bill.

To the Keeper of Correctional Centre at……………….........…….

PARAN UMAR TARAWALLY,
Warrant of In the………..........….………Court at …………… Clerk of Parliament.
Commitment To the Keeper of the correctional centre at
……………………………. (no alternative). PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.
GAZETTE NO. 82 OF 10TH OCTOBER, 2024